There are two main types of exceptions, associated with RCRA regulated materials:
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Exclusions
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Exemptions
Exclusions - Exclusions remove materials entirely from the definition of solid or hazardous waste. These materials are not regulated as hazardous waste under RCRA Subtitle C, even if they might otherwise meet listing or characteristic criteria, because they are not considered to be a solid waste.
Exemptions - Exemptions apply to materials that are still classified as solid or hazardous waste under RCRA, but they are relieved from certain regulatory requirements under specific conditions. The waste remains within the RCRA framework, often with alternative standards, documentation, or conditional relief.
Key locations: Primarily 40 CFR §261.4(c) through (f) and various other provisions (e.g., recycling exemptions, wastewater treatment unit exemptions, manufacturing process unit exemptions).
Exemptions are typically narrower in scope (than exclusions), applying to specific scenarios where the risk is managed through alternative means, such as on-site treatment or limited quantities, ensuring the waste remains within the RCRA framework but with reduced compliance burdens.
In summary; exclusions take materials completely out of the hazardous waste system (RCRA Subtitle C); exemptions provide conditional/partial relief from RCRA Subtitle C hazardous waste regulatory requirements.
This distinction is essential for proper waste management, regulatory compliance, and environmental protection, with clear regulatory status in 40 CFR Part 261 and USEPA guidance.
Companies who manage hazardous waste would be wise to research the applicability of a particular exemption or exclusion for their waste streams, to lessen their regulatory burden, avoid potential non-compliance, and to save money.
At Novesis we have extensive experience with all types of regulatory exemptions and exclusions, and understand the proper applications for each.
We have had great success arguing applicability of an exclusion or exemption in an enforcement setting, but prefer to advise our clients so to as to avoid the enforcement process all together.
When utilizing an exclusion or exemption it is necessary to properly document the applicability of your particular exemption or exclusion to prove it is applicable to your situation.
We have been very successful identifying exemptions and/or exclusions that simplify our client’s compliance obligations and save them significant cost for proper disposal of these materials.
Conversely, incorrect application of an exclusion or exemption can have significant consequences.
At present there are approximately:
17 RCRA Exclusions
49 RCRA Exemptions
Let us review your operations to discover if you can utilize an existing exclusion or exemption!
