Hazardous Waste Exclusions

Some wastes are not considered hazardous wastes, even if they exhibit characteristics that would normally be considered hazardous. You can find these listed in the California Code of Regulations as "excluded" wastes. In some cases, the particular excluded waste is already monitored and regulated by other regulatory agencies. Excluded wastes are:

• Infectious wastes (animal carcasses)
• Used oil re-refining still bottoms used in asphalt products
• Used chlorofluorocarbon (CFCs) refrigerants that are reclaimed
• Mining wastes
• Wastes excluded under 40 CFR 261.4 (listed in Federal Waste Exclusions) unless the waste exhibits a hazardous waste characteristic

The Federal hazardous waste system recognizes more hazardous waste exclusions than California recognizes. Additionally, California’s hazardous waste criteria differ from the Federal criteria. California recognizes the federal hazardous waste exclusions unless the wastes exhibit characteristics of hazardous waste according to California criteria. In other words, California regulates federally excluded hazardous wastes that exhibit characteristics of a California hazardous waste.

The following wastes are excluded from classification as hazardous wastes under federal hazardous waste regulations, but are regulated as a hazardous waste in California if the waste exhibits a California hazardous waste characteristic:

• Household wastes
• Agricultural wastes used as fertilizers
• Mining overburden
• Fossil fuel combustion wastes
• Trivalent chromium wastes (leather tanning)
• Mining wastes
• Cement kiln dust
• Arsenic treated wood
• Used CFC refrigerants
• Used oil filters
• Landfill leachate or gas condensate
• Petroleum contaminated media and debris
• Re-injected groundwater from refinery cleanups

You will notice that there is some duplication of exclusions or exemptions in the state and federal lists (such as used CFC refrigerants, mining wastes, cement kiln dust). The “duplication” of federal exclusions or exemptions demonstrates that California has adopted all or part of the federal exclusion or exemption in regulations or statutes. Carefully reading California’s adopted version of the federal exclusion or exemption will clarify the extent of California’s interpretation of such.

Activity 2c: Petroleum contaminated media

Section 261.4(b)(10) 40 CFR: Petroleum-contaminated media and debris that fail the test for Toxicity Characteristic of 261.24 (Hazardous Waste codes D018 through D043 only) and are subject to the corrective action regulations under part 280 (40 CFR) are federal excluded hazardous wastes that are regulated as hazardous waste in California.