Correct option is B
Introduction
- The Resource Conservation and Recovery Act (RCRA), enacted in 1976, is the principal U.S. federal law governing solid and hazardous waste management from generation to disposal.
- While Subtitle C imposes strict "cradle-to-grave" controls on hazardous waste, the statute and its regulations also carve out a series of specific exclusions under 40 CFR §261.4, where certain solid wastes are deemed not to be hazardous waste.
- These exclusions arise from public-policy considerations, statutory mandates (such as the Bevill and Bentsen Amendments), regulation under other programs, or the impracticability of regulation, and they apply even when a waste would otherwise meet a listing or exhibit a hazardous characteristic.
Information Booster
- The correct answer is all five wastes are NOT classified as RCRA hazardous solid waste, because each is specifically excluded under 40 CFR §261.4.
- EPA excludes certain solid wastes from the definition of hazardous waste; if a material meets an exclusion, it cannot be a hazardous waste even if it technically meets a listing or exhibits a characteristic. Mapping each item:
· A. Arsenic-treated wood — Excluded under §261.4(9). When end-users discard CCA-treated wood used for its intended purpose (decks, fence posts), it is exempt from hazardous-waste rules even though it would likely fail the Toxicity Characteristic for arsenic
· B. Agricultural waste returned to soil as fertilizer — Excluded under §261.4(2). Agricultural wastes from crop or animal farming (including manures) that are returned to the soils as fertilizers are deemed not to be hazardous waste.
· C. Fly ash, scrubber sludge — Excluded under §261.as fossil-fuel combustion waste. Coal ash has been exempt from RCRA hazardous-waste regulation since 1980 under the Bevill Exclusion.
· D. Petroleum-contaminated media and debris — Excluded under §261.4
· Petroleum-contaminated media and debris that fail the Toxicity Characteristic for codes D018 through D043 only, and are subject to corrective-action regulations under Part 280, are excluded.
· E. Used CFC refrigerants — Excluded under §261.4 (12), provided the refrigerant is reclaimed for further use