§261.4 Exclusions.
(a) Materials which are not solid wastes. The following materials
are not solid wastes for the purpose of this part:
(1)(i) Domestic sewage; and
(ii) Any mixture of domestic sewage and other wastes that passes
through a sewer system to a publicly-owned treatment works for
treatment. "Domestic sewage'' means untreated sanitary
wastes that pass through a sewer system.
(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.)
(3) Irrigation return flows.
(4) Source, special nuclear or by-product material as defined by
the Atomic Energy Act of 1954, as amended, 42 U.S.C. 2011 et seq.
(5) Materials subjected to in-situ mining techniques which are
not removed from the ground as part of the extraction process.
(6) Pulping liquors (i.e., black liquor) that are reclaimed in a
pulping liquor recovery furnace and then reused in the pulping
process, unless it is accumulated speculatively as defined in
261.1(c) of this chapter.
(7) Spent sulfuric acid used to produce virgin sulfuric acid,
unless it is accumulated speculatively as defined in §261.1(c)
of this chapter.
(8) Secondary materials that are reclaimed and returned to the
original process or processes in which they were generated where
they are reused in the production process provided:
(i) Only tank storage is involved, and the entire process through
completion of reclamation is closed by being entirely connected
with pipes or other comparable enclosed means of conveyance;
(ii) Reclamation does not involve controlled flame combustion
(such as occurs in boilers, industrial furnaces, or
incinerators);
(iii) The secondary materials are never accumulated in such tanks
for over twelve months without being reclaimed; and
(iv) The reclaimed material is not used to produce a fuel, or
used to produce products that are used in a manner constituting
disposal.
(9)(i) Spent wood preserving solutions that have been reclaimed
and are reused for their original intended purpose; and
(ii) Wastewaters from the wood preserving process that have been
reclaimed and are reused to treat wood.
(10) EPA Hazardous Waste No. K087, and any wastes from the coke
by-products processes that are hazardous only because they
exhibit the Characteristic specified in Section 261.24 of this
part, when, subsequent to generation, these materials are
recycled to coke ovens, to the tar recovery process as a
feedstock to produce coal tar or are mixed with coal tar prior to
the tar's sale or refining. This exclusion is conditioned on
there being no land disposal of the wastes from the point they
are generated to the point they are recycled to coke ovens or the
tar refining process.
(11) Nonwastewater splash condenser dross residue from the
treatment of K061 in high temperature metals recovery units,
provided it is shipped in drums (if shipped) and not land
disposed before recovery.
(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). 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
(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.
(2) Solid wastes generated by any of the following and which are
returned to the soils as fertilizers:
(i) The growing and harvesting of agricultural crops.
(ii) The raising of animals, including animal manures.
(3) Mining overburden returned to the mine site.
(4) Fly ash waste, bottom ash waste, slag waste, and flue gas
emission control waste, generated primarily from the combustion
of coal or other fossil fuels, except as provided by §266.112 of
this chapter for facilities that burn or process hazardous waste.
(5) Drilling fluids, produced waters, and other wastes associated
with the exploration, development, or production of crude oil,
natural gas or geothermal energy.
(6)(i) Wastes which fail the test for the Toxicity Characteristic
because chromium is present or are listed in subpart D due to the
presence of chromium, which do not fail the test for the Toxicity
Characteristic for any other constituent or are not listed due to
the presence of any other constituent, and which do not fail the
test for any other characteristic, if it is shown by a waste
generator or by waste generators that:
(A) The chromium in the waste is exclusively (or nearly
exclusively) trivalent chromium; and
(B) The waste is generated from an industrial process which uses
trivalent chromium exclusively (or nearly exclusively) and the
process does not generate hexavalent chromium; and
(C) The waste is typically and frequently managed in
non-oxidizing environments.
(ii) Specific wastes which meet the standard in paragraphs
(b)(6)(i)(A), (B) and (C) (so long as they do not fail the test
for the characteristic of EP toxicity, and do not fail the test
for any other characteristic) are:
(A) Chrome (blue) trimmings generated by the following
subcategories of the leather tanning and finishing industry; hair
pulp/chrome tan/retan/wet finish; hair save/chrome tan/retan/wet
finish; retan/wet finish; no beamhouse; through-the-blue; and
shearling.
(B) Chrome (blue) shavings generated by the following
subcategories of the leather tanning and finishing industry: Hair
pulp/chrome tan/retan/wet finish; hair save/chrome tan/retan/wet
finish; retan/wet finish; no beamhouse; through-the-blue; and
shearling.
(C) Buffing dust generated by the following subcategories of the
leather tanning and finishing industry; hair pulp/chrome
tan/retan/wet finish; hair save/chrome tan/retan/wet finish;
retan/wet finish; no beamhouse; through-the-blue.
(D) Sewer screenings generated by the following subcategories of
the leather tanning and finishing industry: Hair pulp/crome
tan/retain/wet finish; hair save/chrome tan/retan/wet finish;
retan/wet finish; no beamhouse; through-the-blue; and shearling.
(E) Wastewater treatment sludges generated by the following
subcategories of the leather tanning and finishing industry: Hair
pulp/chrome tan/retan/wet finish; hair save/chrome tan/retan/wet
finish; retan/wet finish; no beamhouse; through-the-blue; and
shearling.
(F) Wastewater treatment sludes generated by the following
subcategories of the leather tanning and finishing industry: Hair
pulp/chrome tan/retan/wet finish; hair save/chrometan/retan/wet
finish; and through-the-blue.
(G) Waste scrap leather from the leather tanning industry, the
shoe manufacturing industry, and other leather product
manufacturing industries.
(H) Wastewater treatment sludges from the production of TiO2
pigment using chromium-bearing ores by the chloride process.
(7) Solid waste from the extraction, beneficiation, and
processing of ores and minerals (including coal, phosphate rock
and overburden from the mining of uranium ore), except as
provided by §266.112 of this chapter for facilities that burn or
process hazardous waste. For purposes of §261.4(b)(7),
beneficiation of ores and minerals is restricted to the following
activities: Crushing; grinding; washing; dissolution;
crystallization; filtration; sorting; sizing; drying; sintering;
pelletizing; briquetting; calcining to remove water and/or carbon
dioxide; roasting, autoclaving, and/or chlorination in
preparation for leaching (except where the roasting (and/or
autoclaving and/or chlorination)/leaching sequence produces a
final or intermediate product that does not undergo further
beneficiation or processing); gravity concentration; magnetic
separation; electrostatic separation; flotation; ion exchange;
solvent extraction; electrowinning; precipitation; amalgamation;
and heap, dump, vat, tank, and in situ leaching. For the purpose
of §261.4(b)(7), solid waste from the processing of ores and
minerals includes only the following wastes:
(i) Slag from primary copper processing;
(ii) Slag from primary lead processing;
(iii) Red and brown muds from bauxite refining;
(iv) Phosphogypsum from phosphoric acid production;
(v) Slag from elemental phosphorus production;
(vi) Gasifier ash from coal gasification;
(vii) Process wastewater from coal gasification;
(viii) Calcium sulfate wastewater treatment plant sludge from
primary copper processing;
(ix) Slag tailings from primary copper processing;
(x) Fluorogypsum from hydrofluoric acid production;
(xi) Process wastewater from hydrofluoric acid production;
(xii) Air pollution control dust/sludge from iron blast furnaces;
(xiii) Iron blast furnace slag;
(xiv) Treated residue from roasting/leaching of chrome ore;
(xv) Process wastewater from primary magnesium processing by the
anhydrous process;
(xvi) Process wastewater from phosphoric acid production;
(xvii) Basic oxygen furnace and open hearth furnace air pollution
control dust/sludge from carbon steel production;
(xviii) Basic oxygen furnace and open hearth furnace slag from
carbon steel production;
(xix) Chloride process waste solids from titanium tetrachloride
production;
(xx) Slag from primary zinc processing.
(8) Cement kiln dust waste, except as provided by §266.112 of
this chapter for facilities that burn or process hazardous waste.
(9) Solid waste which consists of discarded wood or wood products
which fails the test for the Toxicity Characteristic solely for
arsenic and which is not a hazardous waste for any other reason
or reasons, if the waste is generated by persons who utilize the
arsenical-treated wood and wood products for these materials'
intended end use.
(10) Petroleum-contaminated media and debris that fail the test
for the Toxicity Characteristic of §261.24 (Hazardous Waste
Codes D018 through D043 only) and are subject to the corrective
action regulations under Part 280 of this chapter.
(11) Injected groundwater that is hazardous only because it
exhibits the Toxicity Characteristic (Hazardous Waste Codes D018
through D043 only) in §261.24 of this part that is reinjected
through an underground injection well pursuant to free phase
hydrocarbon recovery operations undertaken at petroleum
refineries, petroleum marketing terminals, petroleum bulk plants,
petroleum pipelines, and petroleum transportation spill sites
until January 25, 1993. This extension applies to recovery
operations in existence, or for which contracts have been issued,
on or before March 25, 1991. For groundwater returned through
infiltration galleries from such operations at petroleum
refineries, marketing terminals, and bulk plants, until (insert
date six months after publication). New operations involving
injection wells (beginning after March 25, 1991) will qualify for
this compliance date extension (until January 25, 1993) only if:
(i) Operations are performed pursuant to a written state
agreement that includes a provision to assess the groundwater and
the need for further remediation once the free phase recovery is
completed; and
(ii) A copy of the written agreement has been submitted to:
Characteristics Section (OS-333), U.S. Environmental Protection
Agency, 401 M Street, SW., Washington, DC 20460.
(12) Used chlorofluorocarbon refrigerants from totally enclosed
heat transfer equipment, including mobile air conditioning
systems, mobile refrigeration, and commercial and industrial air
conditioning and refrigeration systems that use
chlorofluorocarbons as the heat transfer fluid in a refrigeration
cycle, provided the refrigerant is reclaimed for further use.
(13) -- (14) (Reserved)
(15) Non-terne plated used oil filters that are not mixed with
wastes listed in subpart D of this part if these oil filters have
been gravity hot-drained using one of the following methods:
(i) Puncturing the filter anti-drain back valve or the filter
dome end and hot-draining;
(ii) Hot-draining and crushing;
(iii) Dismantling and hot-draining; or
(iv) Any other equivalent hot-draining method that will remove
used oil.