Exempt waste, definition

The definition of exempt waste requires further elaboration. Although this Report is concerned with classification of waste for purposes of disposal, NCRP recognizes that some materials that contain only low concentrations of regulated hazardous substances may have beneficial uses if they could be exempted from regulatory control as hazardous material. 

Exposure Scenarios for Classifying Exempt Waste. Based on the definition of exempt waste as any waste that would be generally acceptable for disposal in a municipal/industrial landfill for non-hazardous waste, scenarios for inadvertent intrusion appropriate to this type of facility should be used in determining whether a waste would be classified as exempt. 

Given the qualitative definitions of the three waste classes, the boundaries of the waste classes would be quantified based on explicit descriptions of how the definitions are related to risk. The boundaries would be expressed in terms of limits on amounts (concentrations) of individual hazardous substances, with specified rules for how to classify waste that contains mixtures of hazardous substances, such as the sum-of-fractions rule for mixtures of substances that induce stochastic effects. Specifically, waste would be classified as exempt if the risk that arises from disposal in a municipal/industrial landfill for nonhazardous waste does not exceed negligible (de minimis) levels. Use of a negligible risk to quantify limits on concentrations of hazardous substances in exempt waste is appropriate because the waste would be managed in all respects as if it were nonhazardous. Nonexempt waste would be classified as low-hazard if the risk that arises from disposal in a dedicated near-surface facility for hazardous wastes does not exceed acceptable (barely tolerable) levels. An essential condition of the definitions of exempt and low-hazard waste is that an acceptable (barely tolerable) risk must be substantially greater than a negligible risk. Waste would be classified as high-hazard if it would pose an unacceptable (de manifestis) risk when placed in a dedicated near-surface facility for hazardous wastes. 

Materials that are recycled are a special subset of the solid waste universe. When recycled, some materials are not solid wastes, and therefore not hazardous wastes, but others are solid and hazardous waste, but are subject to less-stringent regulatory controls. The level of regulation that applies to recycled materials depends on the material and the type of recycling (Figure 13.2). Because some types of recycling pose threats to human health and the environment, RCRA does not exempt all recycled materials from the definition of solid waste. As a result, the manner in which a material is recycled will determine whether or not the material is a solid waste, and therefore whether it is... 

Wastes used as a product substitute. If a material is directly used as an effective substitute for a commercial product (without first being reclaimed), it is exempt from the definition of solid waste. 

Dioxin-containing wastes considered inherently waste-like. Dioxin-containing wastes are considered inherently waste-like because they pose significant threats to human health and the environment if released or mismanaged. As a result, RCRA does not exempt such wastes from the definition of solid waste even if they are recycled through direct use or reuse without prior reclamation. This is to ensure that such wastes are subject to the most protective regulatory controls. 

Processed scrap metal. Scrap metal includes, but is not limited to, pipes, containers, equipment, wire, and other metal items that are no longer of use. To facilitate recycling, scrap metal that has been processed to make it easier to handle or transport and is sent for metals recovery is excluded from the definition of solid waste. Unprocessed scrap metal is still eligible for an exemption from hazardous waste regulation when recycled. 

Shredded circuit boards. Circuit boards are metal boards that hold computer chips, thermostats, batteries, and other electronic components. Circuit boards can be found in computers, televisions, radios, and other electronic equipment. When this equipment is thrown away, these boards can be removed and recycled. Whole circuit boards meet the definition of scrap metal, and are therefore exempt from hazardous waste regulation when recycled. On the other hand, some recycling processes involve shredding the board. Such shredded boards do not meet the exclusion for recycled scrap metal. In order to facilitate the recycling of such materials, U.S. EPA excluded recycled shredded circuit boards from the definition of solid waste, provided that they are stored in containers sufficient to prevent release to the environment, and are free of potentially dangerous components, such as mercury switches, mercury relays, nickel-cadmium batteries, and lithium batteries. 

U.S. EPA also exempts certain solid wastes from the definition of hazardous waste. If a material meets an exemption from the definition of hazardous waste, it cannot be a hazardous waste, even if the material technically meets a listing or exhibits a characteristic. There are 16 exemptions from the definition of hazardous waste ... 

The hazardous waste listings, the hazardous waste characteristics, and the mixture and derived-from rules are all essential parts of the definition of hazardous waste, but these key elements are all described in different sections of the RCRA regulations. Only one regulatory section unites all four elements to establish the formal definition of hazardous waste. This section is entitled Definition of Hazardous Waste, which states that all solid wastes exhibiting one of the four hazardous characteristics are hazardous wastes. This section also states that all solid wastes listed on one of the four hazardous waste lists are hazardous wastes. Finally, this section explains in detail the mixture and derived-from rules and the regulatory exemptions from these rules. Thus, although the section is entitled Definition of Hazardous Waste, it serves primarily as a guide to the mixture and derived-from rules. 

On April 8, 2003, U.S. EPA proposed to add benzene and 2-ethoxyethanol to the list of solvents whose mixtures with wastewater are exempted from the definition of hazardous waste.23 U.S. EPA is proposing to provide flexibility in the way compliance with the rule is determined by adding the option of directly measuring solvent chemical levels at the headworks of the wastewater treatment system. In addition, U.S. EPA is proposing to include scrubber waters derived from the combustion of spent solvents to the headworks exemption. Finally, U.S. EPA is finalizing the Headworks Rule, as follows24 ... 

EPA s use of a 25,000-pound exemption (actually a 26,400-pound exemption) for hazardous waste recordkeeping and its definition of 25,000 pounds as low-level pesticide production indicate that EPA believes this volume of chemicals does not present a significant risk. A relatively safe substance produced in a volume of 25,000 pounds or less per year, then, would pose virtually no risk. Such an exemption from the PMN requirements would be reasonable. 

There are four lists of hazardous wastes in the regulations wastes from nonspecific sources (F list), wastes from specific sources (K list), acutely toxic wastes (P list), and toxic wastes (U list) there are also the four characteristics mentioned before ignitability, corrosivity, reactivity, and extraction procedure toxicity. Certain waste materials are excluded from regulation under the RCRA. The various definitions and situations that allow waste to be exempted can be confusing and difficult to interpret. One such case is the interpretation of the mixture and derived-from rules. According to the mixture rule, mixtures of solid waste and listed hazardous wastes are, by definition, considered hazardous. Similarly, the derived-from rule defines solid waste resulting from the management of hazardous waste to be hazardous (40 CFR 261.3a and 40 CFR 261.1c). 

REACH is very wide in its scope covering aU substances (see definition of substances in Section 2.4.1) whether manufactured, imported, used as intermediates or placed on the market, either on their own, in preparations or in articles, unless they are radioactive, subject to customs supervision, or are nonisolated intermediates. Waste is specifically exempted. Food is not subject to REACH, as it is not a substance, preparation, or article. Member States may exempt substances used in the interests of defense. Other substances are exempted from parts of REACH, where other equivalent legislation applies for fiufher details refer EU (2006i). 

Concepts and definitions. Two concepts are potentially useful in establishing exemption levels for radioactive waste. The first is the concept of a generally applicable negligible (de minimis) dose or risk, and the second is the concept of amounts of radionuclides that are exempt or below regulatory concern (BRC) for particular practices or sources. 

Issues of dual regulation also arise in management and disposal of waste that contains NAEM and waste classified as hazardous under RCRA. This type of waste is subject to dual regulation essentially because the definition of hazardous waste developed by EPA under RCRA (EPA, 1980b) does not include NARM waste (Section 4.2.1.2). Waste that contains NARM can be regulated under RCRA only if it is specifically included in the definition of hazardous waste, even though the exemption of radioactive materials defined in AEA from regulation under RCRA does not apply to NARM. 

Allowing for exemption of waste materials that contain sufficiently small amounts of hazardous substances is a potentially important means of balancing the resources required to manage waste and the benefits in health risks averted. As a consequence of the discussion in Section 5.1, it is desirable that the definition of waste that can be exempted and, thus, managed as if it were nonhazardous should be risk-based. Furthermore, waste should be exempted based on the consideration that the associated risks should not exceed levels generally regarded as negligible. 

The basic definitions of exempt, low-hazard, and high-hazard waste shown in Figure 6.1 are considered in the following sections. Recommendations on approaches to calculating the risk from waste disposal in the numerator of the risk index and recommendations on specifying allowable risks in the denominator of the risk index for the purpose of classifying waste are discussed in Section 6.3. 

A striving to embody all the desired attributes of the new system, while recognizing that this may take many years and that a number of important benefits can be obtained by interim implementation of parts of the system. The most important areas in which interim implementations are likely to be beneficial include the establishment of exemption levels for radionuclides and hazardous chemicals in waste, to allow hazardous wastes to be managed as nonhazardous material or to allow mixed waste to be managed as radioactive or hazardous chemical waste only, and the elimination of source-based definitions of hazardous wastes, especially radioactive wastes. 

Radioactive waste is any material that contains, or is contaminated with, radionuclides at concentrations of radionuclides greater than the exempted quantities established by the regulatory body and for which no future use is foreseen. This is after a definition by IAEA. 

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