Compliance Corner.

Point of Generation for Demolition Wastes

A hazardous waste determination should be made at the point of generation (POG) of a solid waste. There are three primary POGs for demolition wastes:

1. Components/equipment are removed from the structure for reuse, recycling, or disposal prior to demolition;
2. Residues are generated from cleaning/decontaminating the structure prior to demolition; and
3. Debris is generated when the structure is demolished.

POG for components/equipment removal

Components/equipment that may be hazardous should be removed prior to demolishing the building/structure. For example, lead pipes and flashing, fluorescent lamps and PCB ballasts, mercury thermostats, batteries, fire extinguishers, exit signs, etc. should be removed and reused, recycled, or disposed.

If reused (e.g., a used battery removed from a building slated for demolition could be reused as a battery in a different building or application without reclamation), the components/equipment never became a waste subject to RCRA. [50 FR 624, RO 11258, 11541, 11868, 14281, 14677] In this scenario, there is no POG of demolition wastes.

If recycled (e.g., a battery sent for reclamation), then the components/equipment would be considered spent material. Because of the asterisk at the intersection of “Spent materials” and “Reclamation” in Table 1 in §261.2(c), components/equipment removed from a structure prior to demolition that are sent for reclamation are solid wastes, requiring a hazardous waste determination. In this alternative, the POG for these demolition wastes would be when a decision is made to send them for recycling. Usually, this decision will have been made when the demolition work plan was finalized, and so the POG would typically be at the point the components/equipment are removed from the structure. Spent materials sent for reclamation are not solid wastes if certain reclamation exclusions apply.

If disposed of, components/equipment removed from a structure prior to demolition are solid wastes, requiring a hazardous waste determination. In this alternative, the POG for these demolition wastes would be when a decision is made to send them for disposal. Usually, this decision will have been made when the demolition work plan was finalized, and so the POG would typically be at the point the components/equipment are removed from the structure.

POG for residues from cleaning/decontaminating

Spills/stains on walls and concrete should be removed before demolition, particularly if these spills/stains would otherwise result in the generation of hazardous demolition debris. In addition to residues resulting from cleaning spills/stains, other residues can also be generated from the decontamination of the structure. Examples include depainting of surfaces coated with lead-based paint and the removal of asbestos-containing materials.

Where is the POG of residues generated during the cleaning/decontaminating of the structure? “EPA considers the actual removal of the contaminants to be the point of waste generation and consequently, the point at which the RCRA regulations become applicable.” [RO 11841]

POG for demolition debris

The POG for debris from a demolition project is when the debris is generated (e.g., when a building/structure is knocked down), not when a decision is made to demolish the building/structure.

“[W]e believe that an intact, standing building continues to perform the essential functions of a building and so need not, and should not be considered to be ‘discarded’ under §261.2(a)(2)(i) until it is actually destroyed.” [RO 11841]