Note: This web page is a part of DTSC's Hazardous Waste Classification training course. 

Federal Waste Exclusions

In general, hazardous waste regulations in California tend to be broader in scope and more stringent than the Federal rules. If you are more familiar with the Federal hazardous waste system, you will find that the California system recognizes additional materials as wastes that are not considered wastes in the Federal system (40 CFR section 261.2. For example, some of the materials that are excluded from the Federal regulations1 as wastes, but are recognized as wastes in California are:

  • Domestic sewage
  • Irrigation return flows
  • Spent wood preserving solutions
  • Refinery wastes recycled to coke ovens
  • Condenser dross residue from the treatment of K061 wastes
  • Oil bearing materials returned to oil refinery processes
  • Scrap metal that is being recycled
  • Shredded circuit boards being recycled
  • Condensates from kraft mill steam strippers
  • Comparable fuels/synthetic gas fuels
  • Petrochemical recovered oil, spent caustic solutions from petroleum refining used to produce cresylic or naphthenic acid

Activity 2b: Federal Waste Exclusions

Question

Which of these federal (or non-excluded federal) items belong in the quarantine zone?

Three images: 1) Recycled scrap metal; 2) Used up freon air conditioner in an abandoned car; and 3) Spent copper napthenate.

 

Answer

  • Recycled scrap metal – Incorrect. Recycled scrap metal is excluded by federal regulations, and is not considered a waste in California under certain conditions.
  • Used up freon air conditioner in an abandoned car – Correct. Used CFC’s that are abandoned are not excluded federally or in California.
  • Spent copper napthenate from the Timber Wood Company – Incorrect. There are no specific federal or California waste exclusions for spent copper napthenate (spent copper napthenate is a waste). Because the federal hazardous waste system does not regulate copper compounds, but California does, copper napthenate is not a federal hazardous waste, but it is a California hazardous waste.

References

140 CFR section 261.4(a)

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