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EXCLUSIONS FROM REGULATION AS SOLID WASTEOne presentation in a series that briefly explains the Federal exclusions from full regulation for certain materials under the Resource Conservation and Recovery Act (RCRA).

40 CFR 261.4(a)(4)

This presentation: 40 CFR 261.4(a)(4): Nuclear Waste

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PRESENTED BY:

Daniels Training Services815.821.1550www.DanielsTraining.comInfo@DanielsTraining.com

A different kind of training.

40 CFR 261.4(a)(4)

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40 CFR 261.4(a)

• Paragraph ‘a’ of section 261.4 identifies 25 materials excluded from regulation as a solid waste.

• If a material does not meet the definition of a solid waste, it cannot be a hazardous waste.

40 CFR 261.4(a)(4)

Solid Waste

Hazardous Waste

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“The following materials are not solid wastes for the purpose of this part…”

The following as defined by the Atomic Energy Commission (AEC) in the Atomic Energy Act of 1954:

1. Source Material

2. Special Nuclear Material

3. By-Product Material

40 CFR 261.4(a)(4)

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More to Consider(1)…

Atomic Energy Act:

Source material means:

1. Uranium, thorium, or any other material which is determined by the AEC to be source material, or;

2. Ores containing one or more of the foregoing materials, in such concentration as the AEC may by regulation determine from time to time.

40 CFR 261.4(a)(4)

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More to Consider(2)…

Atomic Energy Act:

Special nuclear material means:

1. Plutonium, uranium enriched in the isotope 233 or in the isotope 235, and any other material which the AEC determines to be special nuclear material, but does not include source material, or;

2. Any material artificially enriched by any of the foregoing, but does not include source material.

40 CFR 261.4(a)(4)

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More to Consider(3)…

Atomic Energy Act:

By-Product Material means

1. Any radioactive material (except special nuclear material) yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material, and;

2. The tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content.

40 CFR 261.4(a)(4)

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40 CFR 261.4(a)(4) Verbatim:

a) Materials which are not solid wastes. The following materials are not solid wastes for the purpose of this part:

…

(4) Source, special nuclear or by-product material as defined by the Atomic Energy Act of 1954, as amended, 42 U.S.C. 2011 et seq.

40 CFR 261.4(a)(4)

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Got Questions About RCRA or HazMat Transportation?

I provide:

Annual RCRA Training for Hazardous Waste Personnel.

And

Triennial HazMat Employee Training.

Open enrollment or on-site.

Daniels Training Services815.821.1550Info@DanielsTraining.comwww.DanielsTraining.com

40 CFR 261.4(a)(4)