Waste Exclusions

Specific exclusions to the solid waste rules and regulations are listed in the Code of Federal Regulations (CFR). The CFR is the codification of the general and permanent rules published in the Federal Register by the departments and agencies of the Federal Government. Many of these exclusions are the result of public policy, economic impacts, regulation by other laws, lack of data, or the impracticability of regulating a particular waste. The decision to exclude the following materials from the solid waste definition is a result of either congressional action or EPA rulemaking.

Wastes that are not considered to be solid wastes, and which are therefore not required to be treated as hazardous wastes, include the following:

• Domestic sewage and mixtures of domestic sewage
• Point source discharge
• Irrigation return flow
• Radioactive waste
• In-situ mining
• Pulping liquids
• Spent sulfuric acid
• Reclamation in enclosed tanks
• Spent wood preservatives
• Coke by-product wastes
• Splash condenser dross residue (residue that forms as a mass)
• Hazardous secondary materials from the petroleum refining industry
• Scrap metal
• Shredded circuit boards
• Pulping condensates derived from Kraft mill steam strippers
• Spent materials generated within the primary mineral processing industry from which minerals, acids, cyanide, water, or other values are recovered by mineral processing or by removing certain minerals for a higher-grade product
• Petrochemical recovered oil from an associated organic chemical manufacturing facility
• Spent caustic solutions from petroleum refining liquid treating processes and then used as a feedstock to produce cresylic or naphthenic acid

Wastes that are solid but which are excluded from the hazardous materials classification, according to the EPA, include the following:

• Household hazardous waste
• Agricultural waste
• Mining overburden (waste or spoil)
• Fossil fuel combustion waste
• Oil, gas, and geothermal wastes
• Trivalent chromium wastes
• Mining and mineral processing wastes
• Cement kiln dust
• Hazardous secondary material that is generated and legitimately reclaimed within the United States or its territories and under the control of the generator
• Hazardous secondary material that is generated and then transferred to a verified reclamation facility for the purpose of reclamation
• Solvent-contaminated wipes that are sent for cleaning and reuse
• Hazardous secondary material that is generated and then transferred to another person for the purpose of remanufacturing
• Hazardous secondary materials (discarded materials that are solid) used to make zinc fertilizers
• Used cathode ray tubes
• Arsenical-treated wood
• Petroleum-contaminated media and debris from underground storage tanks
• Injected groundwater
• Spent chlorofluorocarbon refrigerants
• Used oil filters
• Used oil distillation bottoms
• Landfill leachate or gas condensate derived from certain listed wastes
• Project XL (a program that enables communities to implement alternatives to traditional federal-style environmental requirements) pilot project exclusions

To learn more about Hazardous Waste visit our Hazardous Waste Safety Online Training web page.