The Household Waste Exclusion from Regulation as a Hazardous Waste 40 CFR 261.4(b)(1) excludes Household Waste, a solid waste from regulation as a hazardous waste if the requirements of the regulations are met. This presentation briefly summarizes the requirements of this RCRA exclusion from regulation.

1. EXCLUSIONS FROM
REGULATION AS
HAZARDOUS WASTE
One 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(b)(1) @DanielsTraining 1
This presentation: 40 CFR 261.4(b)(1):
Household Waste

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@DanielsTraining 240 CFR 261.4(b)(1)

3. 40 CFR 261.4(b)
• Paragraph „b‟ of section 261.4 identifies 17 solid
wastes excluded from regulation as a hazardous
waste.
40 CFR 261.4(b)(1) @DanielsTraining 3
Solid
Waste
Hazardous
Waste

4. Household Hazardous Waste
“Households often generate solid wastes that could
technically be hazardous wastes (e.g., old solvents, paints,
pesticides, fertilizers, or poisons). However, it would be
impossible to regulate every house in the United States
that occasionally threw away a can of paint thinner or a
bottle of rat poison. Therefore, EPA developed the
household waste exclusion. Under this exclusion, wastes
generated by normal household activities (e.g., routine
house and yard maintenance) are excluded from the
definition of hazardous waste. EPA has expanded the
exclusion to include household-like areas, such as
bunkhouses, ranger stations, crew quarters, campgrounds,
picnic grounds, and day-use recreation areas. While
household hazardous waste is excluded from Subtitle C, it
is regulated under Subtitle D as a solid waste.”
40 CFR 261.4(b)(1) @DanielsTraining 4
2011 RCRA Orientation Manual

5. “The following solid wastes are not hazardous
wastes for the purpose of this part…”
• Household Waste that
has been collected,
transported, stored,
treated, disposed,
recovered (e.g.,
refuse-derived fuel) or
reused.
40 CFR 261.4(b)(1) @DanielsTraining 5

6. “The following solid wastes are not hazardous
wastes for the purpose of this part…”
40 CFR 261.4(b)(1) @DanielsTraining 6
• Household Waste
means any material
derived from
households.
• Includes:
• Garbage,
• Trash, and;
• Sanitary wastes in
septic tanks.

7. “The following solid wastes are not hazardous
wastes for the purpose of this part…”
• “Household” includes:
• Single and multiple
residences, hotels
and motels,
bunkhouses, ranger
stations, crew
quarters,
campgrounds, picnic
grounds and day-use
recreation areas.
40 CFR 261.4(b)(1) @DanielsTraining 7

8. More to Consider (1)…
• To be excluded,
Household Waste must
fulfill two criteria:
1. It must be generated
by individuals on the
premises of a
household.
2. It must be composed
primarily of materials
found in the waste
generated by
consumers in their
homes.
40 CFR 261.4(b)(1) @DanielsTraining 8

9. More to Consider (2)…
40 CFR 261.4(b)(1) @DanielsTraining 9
• Household wastes
may include
hazardous materials:
• Paint,
• Mineral spirits,
• Batteries,
• Acidic drain cleaners,
and;
• Used oil.

10. More to Consider (3)…
• A municipal waste-to-
energy (WTE) facility that
burns Household Waste
alone or in combination with
nonhazardous wastes from
industrial and commercial
sources is exempt from
regulation as a hazardous
waste treatment, storage, or
disposal facility under
RCRA Subtitle C.
(RCRA FAQ‟s)
40 CFR 261.4(b)(1) @DanielsTraining 10
However…

11. More to Consider (4)…
• The ash generated at these facilities is not
exempt.
• Hazardous waste regulation is first imposed on
ash generated by a WTE facility when it exits the
combustion building following the combustion and
air pollution control processes.
• Although no hazardous waste listing applies to
MWC ash, the ash would be a hazardous waste if
it were to exhibit a characteristic of hazardous
waste.
(RCRA FAQ‟s)
40 CFR 261.4(b)(1) @DanielsTraining 11

12. More to Consider (5)…
• The household
exclusion applies to
waste generated by
either residents or
contractors conducting
lead-based paint
activities (including
abatement, renovation
and remodeling) in
residences.
(USEPA Memorandum)
40 CFR 261.4(b)(1) @DanielsTraining 12

13. More to Consider (6)…
• Dry-cleaning services
and maintenance
services at hotels and
motels are not
excluded as household
wastes under the
exclusion.
(RO 12624)
40 CFR 261.4(b)(1) @DanielsTraining 13

14. More to Consider (7)…
40 CFR 261.4(b)(1) @DanielsTraining 14
• State-approved
Household Hazardous
Waste (HHW) Collection
Programs that manage
both CESQG waste and
HHW are not subject to
the full RCRA Subtitle C
requirements merely
because they mix these
two types of wastes
together.
(RO 11681)

15. More to Consider (8)…
• As a solid waste,
Household Waste will
be regulated under
Subtitle D of RCRA
with other Municipal
Solid Waste.
• It therefore is subject
to State and local
regulation.
40 CFR 261.4(b)(1) @DanielsTraining 15

16. More to Consider (8)…
• Check with your State
as it may not recognize
this Federal exclusion.
• Your State may impose
more strict
requirements on
TSDF‟s who manage
HHW.
40 CFR 261.4(b)(1) @DanielsTraining 16

17. 40 CFR 261.4(b)(1) Verbatim:
(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).
40 CFR 261.4(b)(1) @DanielsTraining 17

18. 40 CFR 261.4(b)(1) Verbatim:
(b)Solid wastes which are not hazardous wastes. The
following solid wastes are not hazardous wastes:
…
• 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
40 CFR 261.4(b)(1) @DanielsTraining 18

19. 40 CFR 261.4(b)(1) Verbatim:
(b)Solid wastes which are not hazardous
wastes. The following solid wastes are not
hazardous wastes:
…
• (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.
40 CFR 261.4(b)(1) @DanielsTraining 19

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20@DanielsTraining40 CFR 261.4(b)(1)