Exclusion vs exemption

When you come across terms such as “excluded” or “exempt” in federal or state regulations, have you wondered what do they mean exactly?

Something is being excluded from being regulated by a specific law because it is being regulated elsewhere by a different law.  For example, nuclear wastes are excluded from the Resource Conservation and Recovery Act (RCRA) because they are regulated by the Nuclear regulatory Commission. Domestic sewage is excluded from RCRA because it si covered under the Clean Water Act.

Exemption is a bit different. Something is exempt from being regulated or it is being less regulated because it meets certain conditions. For example, used oil is exempt from being regulated FULLY as a hazardous waste if it is being recycled. Universal wastes is another example. they are basically hazardous wastes but they are exempt from the full force of RCRA if they are recycled.

The issue of waste residues in your “empty”containers

Under 40 CFR 261.7(b)(1), a container (equal to or less than 110 gallons capacity) that used to contain non-acute hazardous wastes is considered to be “RCRA empty” if all wastes have been removed using “commonly employed practices” AND there is no more than 3 percent by weight of the total capacity of the container left OR no more than one inch of residue left on the bottom of the container.

The waste residues in these “RCRA empty” containers are exempt from RCRA regulations due to their small quantities.

However, the container itself is not exempt. You still need to determine if the container itself exhibits one or more of the four RCRA characteristics (ignitability, corrosivity, reactivity and toxicity).