Current through March 20, 2024
007.01 Any solid
waste described in Section 006 is not a hazardous
waste if it meets the following criteria:
007.01A In the case of solid waste, it does
not exhibit any of the characteristics identified in Chapter 3,
005 through 010.(However,
wastes that exhibit a characteristic at the point of generation may still be
subject to the requirements of Chapter 20, even if they no longer exhibit a
characteristic at the point of land disposal.)
007.01B In the case of a waste listed in
Chapter 3, 011 through 018,
contains a waste listed in Chapter 3, 013 through
018 or is derived from a waste listed in Chapter 3,
013 through 018, it also has
been excluded from Section 006 of this Chapter under
Chapter 6, 001 and
003.
007.02 Notwithstanding Sections
004 through 007.01B of this
Chapter and provided the debris as defined in Chapter 20 does not exhibit a
characteristic identified at Chapter 3, 005 through
010, the following materials are not subject to
regulation under this Title:
007.02A
Hazardous debris as defined in Chapter 20 that has been treated using one of
the required extraction or destruction technologies specified in Chapter 20,
011, Table 11; persons claiming this exclusion in an
enforcement action will have the burden of proving by clear and convincing
evidence that the material meets all of the exclusion requirements;
or
007.02B Debris as defined in
Chapter 20 that the Director, considering the extent of contamination, has
determined is no longer contaminated with hazardous waste.
007.03 A hazardous waste that is listed in
Chapter 3, 013 through 018 of
this Title solely because it exhibits one or more characteristics of
ignitability as defined under Chapter 3, 007,
corrosivity as defined under Chapter 3, 008, or
reactivity as defined under Chapter 3, 009 is not a
hazardous waste, if the waste no longer exhibits any characteristic of
hazazardous waste identified in Chapter 3, 006 through
010 of this Title.
007.03A The exclusion described in
007.03 of this Section also pertains to:
007.03A1 Any mixture of a solid waste and a
hazardous waste listed in Chapter 3, 013 through
018 of this Title solely because it exhibits the
characteristics of ignitability, corrosivity, or reactivity as regulated under
004.02C of this Chapter; and
007.03A2 Any solid waste generated from
treating, storing, or disposing of a hazardous waste listed in Chapter 3,
006 through 010 of this Title
solely because it exhibits the characteristics of ignitability, corrosivity, or
reactivity as regulated under 006.02 of this
Chapter.
007.03B Wastes
excluded under this section are subject to Chapter 20 of this Title (as
applicable), even if they no longer exhibit a characteristic at the point of
land disposal.
007.03C Any mixture
of a solid waste excluded from regulation under Section
009.05 of this chapter, and a hazardous waste listed
in Chapter 3, Sections 011 through
018, solely because it exhibits one or more of the
characteristics of ignitability, corrosivity, or reactivity as regulated under
Section 004.02C of this chapter, is not a hazardous
waste, if the mixture no longer exhibits any characteristic of hazardous waste
identified in Chapter 3, Sections 005 through
010, for which the hazardous waste listed in Chapter
3, Sections 011 through 018,
was listed.
007.04
Hazardous waste containing radioactive waste is no longer a hazardous waste
when it meets the eligibility criteria and conditions of 40 CFR Part 266,
Subpart N ("eligible radioactive mixed waste") as incorporated by reference in
Chapter 7, 013.
007.04A The exemption described in
007.04 of this Section also pertains to:
007.04A1 Any mixture of a solid waste and an
eligible radioactive mixed waste; and
007.04A2 Any solid waste generated from
treating, storing, or disposing of an eligible radioactive mixed
waste.
007.04B Waste
exempted under this section must meet the eligibility criteria and specified
conditions in
40
CFR 266.225 and 40 CFR 266.230 (for storage
and treatment) and in
40
CFR 266.310 and 40 CFR 266.315 (for
transportation and disposal) as incorporated by reference in Chapter 7,
013. Waste that fails to satisfy these eligibility
criteria and conditions is regulated as hazardous waste.
