Frequent Questions

What is the manufacturing process tank exclusion and when does it apply to a wastestream?

A hazardous waste that is generated in a product or raw material storage tank, a product or raw material transport vessel, a product or raw material pipeline, or in a manufacturing process unit or an associated non-waste-treatment-manufacturing unit, is not subject to regulation under 40 CFR Parts 262 through 265, 268, 270, 271, and 124 or the notification requirements of Section 3010 of RCRA until it exits the unit in which it was generated, unless the unit is a surface impoundment, or unless the hazardous waste remains in the unit more than 90 days after the unit ceases to be operated for manufacturing, or for storage or transportation of product or raw materials (§261.4(c)). If the waste were not generated in the unit, it would not qualify for the exclusion.

Additional guidance on the manufacturing process unit exclusion is available in the following documents:

Memo, Cotsworth to Pavlou; May 26, 2000 (RCRA Online #14469)
Monthly Call Center Report Question; August 1998 (RCRA Online #14309)
Memo, Shapiro to Sweeney; April 20, 1995 (RCRA Online #11903)
Memo, Petruska to Goldman; March 8, 1995 (RCRA Online #11899)
Memo, Bussard to Duthler; January 26, 1995 (RCRA Online #11935)
Monthly Call Center Report Question; May 1990 (RCRA Online #13374)
Monthly Call Center Report Question; October 1989 (RCRA Online #13321)
Monthly Call Center Report Question; August 1987 (RCRA Online #12997)
Memo, Weil to Baker; June 29, 1987 (RCRA Online #12959)
Memo, Williams to Swed; December 22, 1986 (RCRA Online #12824)
Monthly Call Center Report Question; December 1986 (RCRA Online #12790)

These memoranda are available in the at the RCRA Online database.

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