Some RCRA Exemptions

A waste which is hazardous solely because it exhibits one or more of the hazard characteristics is exempted from regulation when it is being beneficially 

Furthermore, Section 261.4(b) of the regulation lists solid wastes which are not to be considered hazardous wastes. The entries in this list have increased considerably since the regulation became effective and the reader will do well in checking the latest version of this list before classifying a solid waste as hazardous. 

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While RCRA specifically exempts some wastes when recycled, some recycling processes may still pose enough of a hazard to warrant some degree of regulation. However, due to the nature of the recycling process itself or the nature of the materials being recycled, these processes may require a specialized set of standards. These processes are as follows2 ... 

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... 

Technical requirements on treatment and disposal of spent fuel, high-level waste, and transuranic waste established under AEA should be largely unaffected by the presence of waste classified as hazardous under RCRA Some of these wastes meet technology-based treatment standards for hazardous chemical waste established by EPA (e.gvitrified high-level waste is an acceptable waste form under RCRA). Alternatively, a finding that disposal of the radioactive component of the waste complies with applicable environmental standards established by EPA under AEA can serve to exempt the disposal facility from prohibitions on disposal of restricted hazardous chemical wastes under RCRA [e.g., disposal of mixed transuranic waste at the Waste Isolation Pilot Plant (WIPP)]. 

The importance is not so much in what form the munitions must be in to qualify as solid or hazardous waste, but rather that states as well as the ERA now have more authority over munitions under their Resource Conservation and Recovery Act (RCRA) of 1976 and the Comprehensive Environmental Response, Compensation, and Liabihty Act (CERCLA, also known as Superfund ) of 1980 statutes. Many states have adopted variations of the Munitions Rule. Whereas the Munitions Rule inexplicably excludes duds (UXO) on ranges, some states are savvy enough to vary from the ERA S version as it applies to ranges. The Munitions Rule also exempts past ordnance disposal sites such as burials and underwater dumps. Again, smart states are adding these areas (where appropriate) to their own versions of the Munitions Rule. 

Only limited-quantity generators are exempt from most RCRA regulations. Other generators must have an EPA identification number. Some states may have regulations more stringent than those of the federal government. The practitioner should check with the state EPA if there are any questions about a given facility. 

Whether or not the waste qualifies for the exploration and production (E P) exemption will depend upon how it was generated as a waste — not necessarily on the material itself. For example, some exempt wastes may still be harmful to human health or the environment, while many non-exempt wastes will be less harmful. It s more than likely that if you can answer yes to the following two questions, your E P waste is exempt from RCRA Subtitle C regulations ... 

Some exemptions, exceptions, or variances from the hazardous wastes rules may apply to neutralents if nonstockpile CWM is remediated under the Superfund rules before being treated in the RRS and MMD. For example, the handling of wastes is exempt from the normal RCRA permitting requirements if the waste is being cleaned up pursuant to the Superfund on-site rule, which preempts all federal and state procedural permitting requirements for hazardous substances treated on a Superfund site (Section 120(e) of Superfund, 42 U.S.C. 9620(e)). Thus, the Army might try to clean up CAIS and nonstockpile chemicals under the Superfund rules. 

Some wastes that might exhibit a degree of hazard are exempt from RCRA regulation by legislation. These exempt wastes include the following ... 

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