RCRA Exclusions & Exemptions

Identify and implement RCRA regulatory exclusions to streamline operations

There are two main types of regulatory exclusions associated with RCRA regulated materials. 

  • Exemptions

  • Exclusions

Exemptions are regulatory rules that allow a company to manage hazardous waste with a reduced set of regulations, but material is still considered to be a "solid waste" under Subtitle D of RCRA.

Exclusions are regulatory rules that exclude a material from the definition of “solid waste”, thus also excluding it from being a hazardous waste.  These exclusions allow a company to manage otherwise regulated hazardous waste as if it were not a waste at all, but rather as if it were a product.  There are two main types of exemptions, ones that are not a hazardous waste and hazardous wastes that are exempt from Subtitle C regulation.

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 and save money.

At Novesis we have extensive experience with all types of regulatory exemptions and exclusions, and understand the proper applications for each.  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.  In one case we saved our client over $1.5 million/year on waste management costs.

Incorrect application of an exclusion or exemption can have significant consequences. 

At present there are approximately:

49 RCRA Exemptions

17 RCRA Exclusions   

Let us review your operations to discover if you can utilize an existing exclusion or exemption.  

Drip-Pad (Subpart W) compliance & closure
RCRA air organics (Subparts AA, BB, CC)
HSM recycling exemptions
RCRA Permit modifications
Hazardous waste training
Third-party vendor audits
Facility RCRA audits