EPA-530/SW-86-015 c.2
GUIDANCE MANUAL ON THE RCRA
(RESOURCE CONSERVATION AND RECOVERY ACT)
REGULATION OF RECYCLED HAZARDOUS WASTES
U.S. Environmental Protection Agency
Washington, DC
Mar 86
U.S. DEPARTMENT OF COMMERCE
National Technical Information Service
NTIS
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PB86-208584
GUIDANCE MANUAL ON THE
RCRA REGULATION OF RECYCLED
HAZARDOUS WASTES
Prepared for
OFFICE OF SOLID WASTE
U.S. ENVIRONMENTAL PROTECTION AGENCY
401 M STREET, S.W.
WASHINGTON, DC 20460
Prepared by
INDUSTRIAL ECONOMICS, INC.
2067 MASSACHUSETTS AVENUE
CAMBRIDGE, MA 02140
March 1986
U.S. Environmental Protection Agency
Region 5, Library (PL-12J)
77 West Jackson Boulevard. 12th Floor
Chicago, IL 60604-3590
REPRODUCED 81
NATIONAL TECHNICAL
INFORMATION SERVICE
U.S. DEPARTMENT OF COMMERCE
SPRINGFIEID, VA. 22161
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REPORT DOCUMENTATION
PAGE
1. REPORT NO.
.
EPA/530-SW-86-015
3. Recipient's Accession No.
W86 208584ZAS
4. Title and Subtitle
Guidance Manual on the RCRA Regulation of Recycled
Hazardous Wastes
Report Date
3/86
7. Authorti)
N. Hammett, B. Morrison
S. Performing Organization Rept. No.
9. Performing Organization Nam* and Address
Industrial Econonics, inc.
•; •
2067 Massachusetts Avenue
Cambridge, Massachusetts 02140
10. Proiect/Task/Work UnK No.
11. ContracttQ or QrantCG) No.
(o 68-01-6892
12. Sponsoring Organization Nama and Address
Environmental Protection Agency
office of Solid Waste & Emergency Response
401 M Street,,S.W.
13. Typa of Raport t Parted Covered
Final
IS. Supplamantary Notes
U. Abatraet (Limit 200 words)
This report is a document to provide guidance to States and
persons who recycle materials or persons who generate materials
that are recycled to determine how EPA's Definition of Solid
Waste rulemaking applies to them. This regulation deals with
the question of which materials are solid and hazardous wastes
when they are recycled (i.e., the effect of the rule is to
clarify the extent of EPA's jurisdiction over hazardous waste
recycling activities and to set forth the regulatory regime
for recycling activities subject to EPA's control. Because
the rule is complex, guidance is provided primarily in the
form of over 100 examples illustrating the application of the
rule to actual recycling practices. The examples will help
persons interested in similar cases determine whether a
particular recycled material is subject to the RCRA Subtitle C
requirements.
17. Document Analysis a. Descriptors
By-Product
Use Constituting Disposal
Solid waste
Hazardous waste
Spent materials
Sludge
Burning
Reclamation
Speculative accumulation
Listed Wastes
Characteristic Wastes
Use/Reuse
b. IdanMflan/Open-Endad Terms
c. COSATt Field/Group
!•. Availability Statement
Release unlimited
19. Security Claes (Thta Report)
Unclassified
20. Security Ctosii
See Instructions on Reverse
OPTIONAL FORM 272 (4-77)
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NOTICE
THIS DOCUMENT HAS BEEN REPRODUCED FROM THE
BEST COPY FURNISHED US BY THE SPONSORING
AGENCY. ALTHOUGH IT IS RECOGNIZED THAT CER-
TAIN PORTIONS ARE ILLEGIBLE, IT IS BEING RE- .
LEASED IN THE INTEREST OF MAKING AVAILABLE
AS MUCH INFORMATION 'AS POSSIBLE.
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INTRODUCTION CHAPTER 1
THE PURPOSE OF THIS MANUAL
On January 4, 1985, the U.S. Environmental Protection Agency
(EPA) amended the definition of solid waste used in regulations
that implement Subtitle C of the Resource Conservation and
Recovery Act of 1976, as amended (RCRA). This change (50 FR 614-
668) primarily addresses the question of which materials are
solid and hazardous wastes when they are recycled. In
particular, the amendments define the Agency's jurisdiction under
RCRA regarding materials that are considered solid wastes when
they are recycled, and impose Subtitle C regulations on wastes
that are hazardous and pose a substantial hazard to human health
and the environment.
The purpose of this document is to provide guidance to State
and EPA Regional personnel who must apply the new definition to
determine which materials, when recycled, are solid and hazardous
wastes.I/ In addition, persons who recycle materials or generate
materials that are recycled may use this manual to determine
which regulations apply to them. Because the rule is complex,
guidance is provided primarily in the form of examples
I/ RCRA defines a solid waste as any discarded material (except
materials specifically excluded from designation as solid waste
under 40 CFR 261.4 (a) or under a variance granted under 40 CFR
260.30 and 260.31). Discarded materials include both materials
that are abandoned and materials that are recycled (40 CFR
261.2). This manual only concerns materials that are solid
wastes when recycled. It does not address wastes that are
abandoned.
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illustrating application of the rule to actual recycling
practices. These examples will help parties interested in
similar cases determine whether a particular recycled material is
subject to the RCRA Subtitle C requirements.
This manual considers only the provisions of Subtitle C of
RCRA. Individual states may have extended regulation to
materials or recycling practices not covered by the Federal
regulations, or may impose additional requirements on materials
or practices that are covered by Subtitle C of RCRA. The
regulations applicable in each state must be reviewed to reach a
final determination of the regulatory status of a given waste.
Users of this manual should exercise care in reaching con-
clusions about the regulatory status of recycling practices, to
ensure that such practices fit exactly into one of the
classifications presented. EPA retains final authority to judge
the regulatory status of any recycling practice. Further,
because the definition is subject to change, users should be cer-
tain to refer to the latest regulations. This manual will be
updated periodically to reflect changes in the definition.
ORGANIZATION AND USE OF THE MANUAL
This manual is organized, into three chapters:
o the Introduction, which provides an overview of
the regulatory status of recycled wastes and
defines the terms used in this manual;
o Examples of the application of the definition of
solid waste to specific recycling practices; and
o an Index to the examples.
The remainder of this Introduction includes two sections.
The next section provides an overview of the definition of solid
waste, briefly defines categories of materials and activities
that are relevant to determining whether a material is a solid
(and hazardous) waste and thus is subject to Subtitle C
regulations, and indicates which combinations of materials and
activities are regulated. The second section provides more
detailed definitions of specific activities, and for each type of
activity discusses in detail what materials are subject to
regulation.
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The Examples provided in the second chapter of the manual
are organized for convenience primarily by type of recycling
activity. The examples are presented in a worksheet format shown
in Exhibit 1. This worksheet includes a series of questions that
illustrates the steps necessary to categorize the sample cases,
and may be used to evaluate other recycling activities. By
following the worksheet and correctly answering all questions,
users should be able to determine the Subtitle C regulatory
status of any recycled material. Examples are provided for each
category of recycling and for materials or activities that are
subject to the special provisions. The first page of Chapter 2
describes the organization of that chapter.
The final chapter provides an Index designed to help users
locate examples similar to those they wish to evaluate. The
index cross-references examples according to the following terms:
o Common descriptors of recycling activities (e.g.,
distillation, secondary smelting, etc.);
o The regulatory definition of the recycled
material (e.g., characteristic sludge, listed by-
product , etc.);
o Common descriptors of recyclable materials (e.g.,
solvents, plating baths, etc.); and
o The industry practicing this type of recycling
activity.
Before attempting to evaluate a specific recycling practice,
the user should read the remainder of the Introduction. This
chapter gives an overview of the terms and categories relevant to
determining whether a recycled material is regulated under Sub-
title C of RCRA and provides a detailed discussion of the
regulated practices and regulatory requirements. The user then
should consult the Index to locate cases similar to the one he or
she wishes to classify, and review these examples to determine
how the definition applies to his or her particular case.
Once the user has reviewed the relevant examples and has
reached a conclusion about the regulatory status of the material
in question, we recommend that he or she re-read the relevant
parts of the final section of this Introduction. The detailed
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discussions of each recycling practice in that section will serve
as a final check on the conclusions developed from reviewing
specific examples.
If no appropriate examples are located, the user should
attempt to classify the practice by using the worksheet and
consulting the detailed regulatory definitions provided in the
final section of this Introduction. Additional assistance in
using the manual is available through EPA's RCRA Hotline at (800)
424-9346 or (202) 382-3000.
AN OVERVIEW OF THE DEFINITION OF SOLID WASTE
Materials That Are
Solid Wastes When Recycled
Under Subtitle C of RCRA, EPA has the authority to regulate
the management of hazardous wastes. Hazardous wastes are defined
in the statute as a subset of "solid wastes" (40 CFR 261.3(a)).
EPA thus must determine whether a hazardous secondary material is
a solid waste before it can assert Subtitle C jurisdiction over
the management of that waste.2/
In the case of recycled materials, one must know both what
the material is and how it is being recycled in order to
determine whether it is a Subtitle C waste. The definition of
solid waste (codified in 40 CFR 261) identifies four types of
recycling activities that may involve solid waste management:
o Use constituting disposal - This activity involves
any direct placement of wastes or waste-derived
products (products that contain a waste as an
ingredient) onto the land (40 CFR 261.2(c)(1)).3/
2/ Throughout this manual, we refer for convenience to
"hazardous secondary materials." This term refers to any
hazardous material that can be a solid and hazardous waste when
recycled. As described below, hazardous secondary materials
include spent materials, sludges, by-products, commercial
chemical products, or scrap metals (50 FR 616).
3/ Use of a waste to produce a product that is placed on the
land is also considered use constituting disposal.
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o Burning wastes or waste-derived fuels for energy
recovery, or using wastes to produce a fuel (40
CFR 261.2(0) (2)) .
o Reclamation - This activity involves the
regeneration of wastes or the recovery of material
from wastes (40 CFR 261.2 (c) (3) ).
o Speculative accumulation - This activity includes
(1) accumulating wastes that one legitimately
expects to recycle, but for which no recycling
market (or no feasible recycling method) currently
exists, and (2) accumulating wastes for recycling
without recycling at least 75 percent of the
accumulated material within a one-year period (40
CFR 261.2 (c) (4) and 261.1 (c) (8) ).
The definition also distinguishes among five types of hazardous
materials:
o Spent materials: materials that have been used
and as a result of such use become contaminated by
physical or chemical impurities, such that they
can no longer serve the purpose for which they
were produced without being regenerated (40 CFR
261. l(c) (1)).
o Sludges; residues from treating air or
wastewater, or other residues from pollution
control operations (40 CFR 260.10).
o By-products ; residual materials resulting from
industrial , commercial, mining, and agricultural
operations that are not primary products, are not
produced separately, are not fit for a desired end
use without substantial further processing, and
are not spent materials, sludges, commercial
chemical products, or scrap metals (40 CFR
Commercial chemical products; commercial chemical
products and intermediates, off -specification
variants, spill residues, and container residues
that are listed in 40 CFR 261.33 or exhibit one or
more of the hazardous waste characteristics (50 FR
14219) .
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o Scrap metal; bits and pieces of metal parts that
are generated by metal processing operations or
result from consumer use (40 CFR 261.l(c)(6)).
Exhibit 2 lists examples of wastes in each of these categories.
Finally, it is necessary to know on what basis a material
would be defined as hazardous to determine its status, if
recycled. Some materials are specifically listed as hazardous
under 40 CFR 261.31-33 (listed wastes). Others exhibit one of
the characteristics of hazardous wastes defined in 40 CFR 261.20-
24 (ignitability, corrosivity, reactivity, and extraction
procedure (EP) toxicity — characteristic or non-listed wastes).
Materials not defined as hazardous are not subject to Subtitle c
regulation. Thus, we describe solid wastes as potentially sub-
ject to Subtitle C regulation. Solid wastes must also be
hazardous — either as a listed or a characteristic waste —
before being subject to such regulation (40 CFR 261.l(b)(1)).4/
Except for certain materials (discussed below), one must
consider both the material and the recycling practice to
determine whether a recycled material is defined as a solid (and
potentially a hazardous) waste (40 CFR 261.2 (c)). Exhibit 3
shows the combinations of secondary materials and recycling acti-
vities for which the secondary material is defined as a solid
waste. If such a secondary material is also defined as hazardous
(i.e., it is specifically listed in 40 CFR 261.31-33. or exhibits
a characteristic of hazardous wastes defined in 40 CFR 261.20-
24), it is a hazardous waste and is subject to Subtitle C regula-
tion.
As Exhibit 3 indicates, all scrap metals and all listed and
characteristic spent materials, sludges, and by-products are
solid wastes when used in a manner constituting disposal, burned
for energy recovery, used to produce a fuel, or speculatively
accumulated. In addition, all listed and characteristic commer-
cial chemical products are solid wastes when used in a manner
constituting disposal, burned as a fuel, or used to produce a
fuel, unless this is their ordinary manner of use. (Commercial
chemical products are not solid wastes when speculatively
4/ Certain solid wastes, listed under 40 CFR 261.4(b), are
specifically excluded from the definition of hazardous waste.
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accumulated.) Finally, the definition provides that only spent
materials (both listed and characteristic), listed sludges/ and
listed by-products are solid wastes when reclaimed. The regula-
tionexcludes characteristic sludges and by-products and both
listed and characteristic commercial chemical products that are
reclaimed from the definition of solid waste, to avoid possible
over-regulation of certain recycled materials that are more
product-like than waste-like.
Materials That Are
Not Spent Materials
Distinguishing spent materials from products that are not
yet "spent1* may present some difficulty. As noted above, a spent
material is any material that has been used and as a result of
contamination can no longer serve the purpose for which it was
produced without processing. EPA interprets "the purpose for
which a material was produced" to include all uses of the product
that are similar to the original use of the particular batch of
material in question. For example, EPA cites the case of
materials used as solvents to clean printed circuit boards (50 FR
624). If the solvents become too contaminated for this use but
are still pure enough for similar applications (e.g., use as
metal degreasers), they are not spent materials. Use of slightly
contaminated solvents in this way is simply continued use of . the
original material rather than recycling of a spent material.
However, the solvents would be spent materials if they had to be
reclaimed before reuse or if the manner in which they were used
was not similar to their original application. Examples of the
latter are burning solvents as fuel, or using materials original-
ly used as solvents as feedstocks in chemical manufacturing. (It
should be noted that in the last example the solvent still may
not be a solid waste, but this conclusion would be based on its
use as a feedstock. See next section for details.) As another
example, used plating baths reused directly in other plating
processes would not be spent materials. If used for a purpose
other than plating, however, the used plating baths would be a
spent material.
Leftover unreacted raw materials from a process also are not
spent materials, since they have never been used (50 FR 624).
Similarly, leftover fuel is not classified as a spent material,
since fuel, by definition, is spent only when it is destroyed to
produce energy. In addition, off-specification fuels that are
burned for energy recovery are not spent materials, since the
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contamination is not sufficient to prevent its use for the
intended purpose (as a fuel) (50 FR 630). Off-specification
fuels used in other ways may be solid wastes, however. For
example, use of the off-specification fuel in a manner
constituting disposal would be solid waste management.
Materials That Are Not
Solid Wastes When Recycled
In addition to identifying materials that are solid wastes
when recycled, the regulation specifies which materials are not
wastes when recycled (40 CFR 261.2 (e)). Specifically, the
definition excludes three activities (except as noted below) that
ordinarily are not considered to involve waste management because
(1) they resemble ordinary production operations, or (2) they
resemble ordinary use of commercial products. These activities
are:
o Use or reuse of secondary materials as ingredients
in industrial processes, provided the materials
are not being reclaimed - This activity involves
the direct use of a secondary material as an
ingredient without prior reclamation. An example
is the use of distillation bottoms from the
production of carbon tetrachloride as a feedstock
in producing tetrachloroethylene (50 FR 619)'.
o Use or reuse of secondary materials as effective
substitutes for commercial products - This acti-
vity involves direct use of secondary materials in
non-manufacturing applications or functions. (This
situation differs from the one just described in
that the material substitutes for a finished pro-
duct rather than a raw material ingredient in a
production process.) An example is the use of
certain sludges as a substitute for commercial
wastewater conditioners (50 FR 619-620).
o Return of secondary materials to the original
primary production process in which they are
generated without first reclaiming them - This
activity is termed "closed-loop recycling."
Materials qualify for the closed-loop exclusion
if: (1) the secondary materials are returned for
reuse in the process that generated them without
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first being reclaimed; (2) the process to which
these unreclaimed materials are returned is a
primary production process (i.e., is based prima-
rily on virgin raw materials as feedstocks); and
(3) the materials are returned to the process as
an ingredient or feedstock. An example of closed-
loop recycling is resmelting of emission control
dusts in the primary metal smelting furnace that
originally generated them (50 FR 620).
It is important to note that these exclusions do not apply to
hazardous secondary materials used as fuels or as ingredients in
waste-derived fuels; to hazardous secondary materials placed
directly on the land or used in waste-derived products that will
be placed on the land; or to hazardous secondary materials that
are speculatively accumulated. In these situations, the mat-
erial is a solid and hazardous waste, and subject to RCRA
Subtitle C jurisdiction. (See 40 CFR 261.2(e)(2).) In addition,
residues derived from listed wastes remain subject to RCRA
Subtitle C jurisdiction. Residues derived from characteristic
hazardous wastes are subject to Subtitle C regulations only if
the residues themselves exhibit any of the hazardous waste chara-
cteristics.
Variances • •
The regulation defines three circumstances in which recycled
materials that ordinarily would be considered solid wastes may be
eligible for case-by-case variances (40 CFR 260.30):
o Materials accumulated without sufficient amounts
being recycled - Cases In which less than T5
percent of recyclable material is recycled (or
shipped for recycling) within a year may be eli-
gible for a variance if the applicant demonstrates
that sufficient amounts of the material will be
recycled or transferred for recycling in the
following year. Without a variance, any hazardous
secondary material left unrecycled would be de-
fined as a solid waste, and subject to all appli-
cable hazardous waste requirements. With a
variance, the remaining accumulated material would
be excluded from the definition of solid waste for
the following year (40 CFR 260.31(a)).
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Materials that are reclaimed and then reused as a
feedstock within the original primary production
process in which they were generated^- These
materials may receive a variance if the reclama-
tion operation is deemed to be an essential part
of the production process and the materials are
handled in a manner commensurate with the manage-
ment of raw materials or products. Without a
variance, this activity would be defined as recla-
mation, and materials that are defined as solid
wastes when reclaimed would be subject to the
appropriate Subtitle C requirements. With a
variance, the materials would be excluded from the
definition of solid waste. For example, an ignit-
able solvent that is regenerated and returned to a
chemical reactor as an ingredient ordinarily would
be considered a solid waste, since reclamation of
the spent material is required before reuse.
Under the case-by-case variance provision,
however, the material could be excluded from
classification as a solid waste (40 CFR
260.31(b)). 5/
Materials that are reclaimed but must be reclaimed
further before material recovery is completed-
These materials may receive a variance if,- 'after
initial reclamation, the resulting material is
commodity-like (even though it is not yet a
commercial product, and must be reclaimed fur-
ther) . Thus, materials that have undergone pro-
cessing that substantially completes the recycling
process might be excluded from definition as
solid wastes. An example is ore concentrate re-
claimed from electroplating wastes that must be
5/ It should be noted that on December 16, 1985, EPA requested
comment on a generic exclusion from the definition of solid waste
when: (1) the materials are returned, after being reclaimed, to
the original process in which they were generated; (2) only tank
storage is involved, and the entire process, through completion
of reclamation, is "closed" (i.e., entirely connected with pipes
or other comparable enclosed means of conveyance); (3) the mat-
erials are never accumulated in such tanks for over 12 months
without being reclaimed; and (4) reclamation does not involve
controlled flame combustion (50 FR 61265).
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processed In a smelter before use. The ore con-
centrate is much like a raw material in this case
and may be excluded from the definition of solid
waste if a variance is granted. A variance will
not be granted if the initial recycling step is
minimal (40 CFR 260.31(c)).
Standards and criteria for EPA Regional Administrators to
follow in granting or denying variances from classification as a
solid waste are detailed in 40 CFR 260.31. .In addition, 40 CFR
260.33 delineates the procedures for evaluating applications for
variances, including public notification and comment periods.
The Regional Administrator must follow these procedures in res-
ponding to requests that meet one of the three eligibility cri-
teria described above. (If a variance application does not meet
the eligibility criteria, the Regional Administrator may deny the
request without following the formal evaluation procedures.)
Inherently Waste-Like Materials
Certain "inherently waste-like" materials are defined as
solid and hazardous wastes regardless of how they are recycled
(40 CFR 261.2 (d)). To identify an inherently waste-like mate-
rials, EPA must go through formal rulemaking to demonstrate how
the material in question meets the criteria specified in 40 CFR
261.2(d). Wastes currently included in this category are the
chlorinated dioxih- and dibenzofuran-containing wastes listed in
Exhibit 4 as F020, FO22, F023, F026, and F028. Waste F021 is not
designated as a solid waste if it is used as an ingredient to
make a product at the site of generation, but*is a solid waste if
recycled or disposed of in any other way.
Additional Exclusions
Finally, certain materials are explicitly excluded from the
definition of solid waste (40 CFR 261.4 (a)). These materials
are listed in Exhibit 5. The list includes two cases in which
materials are excluded from the definition of solid waste only if
they are recycled in specific ways:
o Pulping liquors that are reclaimed in a pulping
liquor recovery furnace and then reused in the
pulping process (50 FR 14218) unless accumulated
speculatively; and
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o Spent sulfuric acid used to produce virgin
sulfuric acid, unless accumulated speculatively.
Applicable Regulations
The requirements that apply to recycled hazardous wastes are
defined by regulations issued by EPA under Subtitle C of RCRA.
Additional requirements may be imposed by individual states.
This section describes the Subtitle C regulations that impose
minimum requirements for such wastes.
In most cases, materials that are solid and hazardous wastes
when recycled are subject to the general hazardous waste manage-
ment requirements (i.e., the requirements applicable to hazardous
wastes being stored or disposed rather than recycled) prior to
recycling. Thus, generators of wastes destined for recycling are
subject to waste characterization, notification, manifest, pre-
transport, and (where applicable), short-term storage require-
ments for these wastes up to the point of recycling (40 CFR Part
262).6/ Transporters of wastes destined for recycling are sub-
ject to the requirements of 40 CFR Part 263. Parties storing
wastes prior to recycling are subject to requirements under 40
CFR 262.34 or 40 CFR 264 and 265 Subparts A through L. Recyclers
who are not the generators of the waste are subject to the full
Part 264 and 265 storage requirements, regardless of the length
of the storage period.
Certain recycled materials — for example, spent lead-acid
batteries that are reclaimed and materials from which precious
metals are recovered ~ are subject to a lesser set of controls
(40 CFR 266). These materials and the reduced requirements that
apply to them are discussed in the detailed description of regu-
lations in the next section.
6/ Short-term storage regulations apply to generators of at
least 1,000 kilograms of hazardous waste per month who store
wastes in tanks or containers for no more than 90 days prior to
recycling them on-site or sending them off-site for recycling.
Short-term storage regulations also apply to generators of be-
tween 100 and 1,000 kilograms of hazardous waste per month who
store wastes in tanks or containers for no more than 180 to 270
days before recycling them on-site or sending them off-site for
recycling. (40 CFR 262.)
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Wastes generated by generators of less than 100 kilograms
per month are conditionally exempt from most Subtitle C require-
ments (40 CFR 261.5).?/ (Acutely-hazardous wastes are exempt only
if generated in quantities less than one kilogram per month.)
Moreover, secondary materials that are excluded from the
definition of solid waste or are exempt from regulation when they
are to be recycled are excluded from the calculation of the 100
kilogram per month limit (40 CFR 261.5 (c)). In addition,
generators who recycle solid wastes but are not subject to 40 CFR
Parts 262.34, 263, 264, or 265 because they neither store,
transport, treat nor dispose of hazardous wastes (e.g.,
generators who regenerate solvents on-site in continuous
distillation columns and recycle the reclaimed materials directly
back to their original use) are excused from all other Subtitle C
requirements for these wastes and need not include them in
calculating the 100 kilogram per month exemption (50 FR 652).
Therefore, whether other wastes are subject to Subtitle C regula-
tion may depend in some cases on whether a waste destined for
recycling is defined as a solid waste.
The useful products produced by recycling generally are not
defined as wastes and therefore are not subject to Subtitle c
regulation, with some exceptions. Hazardous materials produced
by recycling that require further processing before use are still
wastes rather than products, and remain subject to applicable
regulations' (50' FR 634).8/ (This exception does not apply to
products of the reclamation of characteristic by-products or
characteristic sludges, since characteristic by-products and
sludges that are reclaimed are not defined as solid wastes.) In
7/ This exemption was lowered from 1,000 kilograms per month to
100 kilograms per month under a rule promulgated in March 1986.
This rule also establishes requirements for hazardous wastes from
generators of between 100 and 1,000 kilograms per month; these
requirements differ somewhat from requirements for wastes from
larger quantity generators.
S/ For example, lead and oxides obtained by cracking a spent
lead-acid battery (a characteristic spent material) must be
reclaimed by a secondary lead smelter or otherwise processed to
recover the lead. Because battery-cracking does not complete the
recycling process, and the material exhibits a hazardous
characteristic (EP-toxicity), the lead and oxides remain a solid
and hazardous waste and are subject to Subtitle C regulations.
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addition, reclaimed materials that are not ordinarily considered
to be commercial products, such as wastewaters or stabilized
wastes, are defined as solid wastes; if hazardous, these wastes
are subject to Subtitle C requirements (50 FR 634). Recycled
materials destined for use as a fuel or for placement on the land
for beneficial use are also subject to Subtitle C requirements if
they contain a listed waste as an ingredient or exhibit a
hazardous waste characteristic (see page 1-18 for possible
exceptions). Finally, any residues produced by recycling are
themselves hazardous wastes if (1) the material being recycled is
a listed hazardous waste or (2) if the waste is not a listed
waste, the residue exhibits one of the characteristics of a
hazardous waste; these residues are subject to any applicable
Subtitle C requirements (40 CFR 261.3). (It is important to note
that waste-derived products that are placed on the land have been
temporarily exempted from regulation under Subtitle C (40 CFR
266.20(b)). Moreover, as of March 1986, the Agency has only
developed administrative and storage requirements for fuels
derived from hazardous wastes; the technical standards for
burning these fuels have not yet been proposed.)
Most recycling activities themselves currently are not
subject to Subtitle C requirements. However, use constituting
disposal (placement of a hazardous waste or a material derived
from or otherwise containing a hazardous waste on the land) is
subject to Subtitle C requirements under 40 CFR Parts 264 and
265, Subparts M and N (see page 1-18 for possible exceptions). In
addition, burning of hazardous wastes or fuels derived from or
otherwise containing a hazardous waste in boilers or industrial
furnaces eventually will be subject to requirements currently
being developed by EPA under 40 CFR Parts 264, 265, and 266, and
currently is banned in all devices but industrial boilers and
furances (see 40 CFR 266.31, as amended by the Federal Register
of November 29, 1985).
Exemptions
Some materials, listed in Exhibit 6, are defined as solid
wastes when recycled but currently are exempt from all RCRA
Subtitle C requirements (40 CFR 261.6(a)(3)). These include
scrap metals, reclaimed industrial alcohols, used oils recycled
other than by burning, certain used batteries, certain . waste-
1-14
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derived fuels produced from petroleum refining hazardous wastes,
and certain coke and coal tar wastes from the iron and steel
industry.9/
Burden of Proof
Persons accumulating hazardous secondary materials not
otherwise defined as wastes have the burden of proving that they
are not accumulating materials speculatively; that is, that they
are recycling sufficient amounts of secondary materials (50 FR
636). Absent such proof, materials stored prior to recycling will
be presumed to be hazardous wastes. At a minimum, EPA expects
those who accumulate potentially recyclable materials to maintain
records for each class of material recycled in the same way.
These records should indicate (l) the amount of secondary mate-
rial that is on-hand at the beginning of the calendar year, (2)
the amount of material added during the year, and (3) the amount
remaining at the end of the year. Records customarily main-
tained, such as records of throughput for an industrial process,
should be satisfactory for this purpose. In addition, names and
addresses of recyclers receiving secondary materials should be
9/ EPA has proposed to list used oil as a hazardous waste (50 FR
49258) and to establish special management standards for used oil
that is recycled (50 FR 49212). Prior to promulgation of these
rules, only characteristic used oil to be burned as a fuel — or
fuel produced from used oil that exhibits a characteristic — is
subject to Subtitle C requirements. Used oil fuel that does not
meet a specification for arsenic (5 ppm), cadmium (2 ppm), chro-
mium (10 ppm), lead (100 ppm), flash point (100 degrees F), or
total halogens (4,000 ppm) is subject to special standards under
40 CFR Part 266 Subpart E when burned for energy recovery.
Furthermore, used oil containing more than 1,000 ppm total
halogens is presumed to be mixed with listed hazardous waste,
and is subject to all applicable Subtitle C requirements for
hazardous waste fuel, unless the presumption of mixing can be
successfully rebutted. If burned for energy recovery, used oil
that meets the specification for used oil fuels is subject to
limited requirements under 40 CFR 266. Used oil that exhibits a
characteristic currently is exempt from Subtitle C requirements
if recycled other than by burning for energy recovery.
1-15
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maintained, as well as any other information that substantiates
compliance with the minimum turnover rate (e.g., contracts or
correspondence with a recycler).
In addition, persons accumulating hazardous secondary
materials that they claim are not solid wastes because they are
recycled in a particular manner have the burden of proving that
they indeed recycle materials in the way claimed (50 FR 642).
Although the regulations contain no formal recordkeeping require-
ment, persons who recycle potentially hazardous secondary
materials must keep records or other means of substantiating a
claim that they are not managing a solid waste. In addition,
owners or operators of facilities claiming that they are engaged
in recycling must show that they have the necessary equipment to
do so, and that such equipment is operational. Absence of
documentation not only would make it difficult or impossible to
carry the burden of proof, but would itself be seen by EPA as
evidence that the claimed recycling is a sham.
Finally, EPA considers certain characteristics of the re-
cycling practice in question to determine when the practice
constitutes legitimate recycling (50 FR 638). In general, prac-
tices will be considered disposal rather than use/reuse where the
secondary material is ineffective (or only marginally effective)
for the claimed use, where secondary materials are used in
amounts in excess of the amount necessary for operating . a pro-
cess, where the secondary material is considerably less effective
than the material it replaces, or where materials are not handled
in a manner consistent with use as a substitute for raw materials
or commercial products (e.g., when not stored or handled so as to
prevent significant economic losses). For example:
o For wastes incorporated into products to be placed
on the ground (which may be eligible for an exemp-
tion from the requirements), the waste must con-
tribute to the effectiveness of the product.
Wastes used in a fertilizer must contain nutrients
or micronutrients, and wastes used in cement must
have pozzolanic properties.
o To be eligible for reduced requirements for
precious metals reclamation, wastes must contain
precious metals in economically-recoverable
quantities.
1-16
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o Burning of wastes in industrial furnaces would be
deemed to be disposal rather than materials
recovery if the materials recovery is economically
insignificant or where the quantities of waste
burned would provide materials in excess of what
can feasibly be recovered and used.
DETAILED DESCRIPTION OF REGULATED PRACTICES
AND REGULATORY REQUIREMENTS
This section provides detailed descriptions of recycling
activities. It identifies wastes that are defined as solid (and
potentially hazardous) wastes when recycled by each method, and
lists the Subtitle C requirements that apply in each case. The
following activities are discussed in separate subsections:
o Use Constituting Disposal
o Burning for Energy Recovery/Use to Produce Fuel
o Reclamation
In addition, the final part of this section discusses speculative
accumulation. These descriptions should be consulted to verify
the user's conclusions about the regulatory status of a particu-
lar material.
Use Constituting Disposal
Use constituting disposal is defined as:
1. Applying materials to the land or placing them on
the land in a manner constituting disposal;
2. Applying materials contained in a product to the
land or placing them on the land in a manner
constituting disposal (40 CFR 261.2(c)(l}).
Examples of such use include use as fill or cover material; use
for structural support; use as a fertilizer; use as a soil condi-
tioner or dust suppressor; or use in asphalt or building founda-
tion materials. "Placement on the land11 is construed broadly
1-17
-------
also to include most types of placement in water (except where
some type of chemical reaction occurs, such as use as a water
conditioner) (50 FR 628).
As noted above, all hazardous secondary materials are
considered solid wastes when applied to the land in these ways,
except for listed commercial chemical products whose ordinary use
involves application to the land (40 CFR 261.2(c)(1)). Therefore,
hazardous waste generator (40 CFR Part 262), transporter (40 CFR
Part 263), and storage requirements (40 CFR Parts 264 and 265,
Subparts A through L) apply prior to use, and applicable land
disposal requirements under 40 CFR Parts 264 and 265, Subparts M
and N, apply to the activity itself.
Products that include listed hazardous wastes as ingredients
~ i.e., waste-derived products ~ are classified as solid and
hazardous wastes when placed directly on the land for beneficial
use, unless and until the product is formally delisted. Products
that include characteristic hazardous wastes as ingredients (also
considered waste-derived products) are classified as solid and
hazardous wastes only if the product itself exhibits any of the
hazardous waste characteristics (see 50 FR 627-628 and 40 CFR
261.3(c) and (d)). However, EPA has temporarily exempted waste-
derived products placed on the land from regulation if the waste
(a) has undergone a chemical reaction so as to become inseparable
by physical means and (b) the resulting combined material is
marketed to the .general public as a commercial product. .In
addition, waste-derived fertilizers that are marketed to the
general public are also temporarily exempted from-regulation (40
CFR 266.20). Products derived from hazardous wastes in which the
production process does not significantly alter the waste's chem-
ical or biological character (e.g., where production involves
simple mixing of wastes and other ingredients) are not eligible
for the temporary exemption. Waste-derived products that are not
marketed to the general public as a commercial product also are
not exempt from regulation, even if their composition and poten-
tial use is identical to that of products on the commercial
market. Although the specified waste-derived products are exempt
from regulation, all applicable Subtitle C requirements still
apply to the wastes before they are incorporated into the waste-
derived product (50 FR 629).
1-18
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Burning for Energy Recovery/
Use to Produce Fuel
Under the Definition of Solid Waste, wastes may be deemed to
be burned for energy recovery if they are burned (directly or as
part of a waste-derived fuel) in boilers or industrial furnaces
(40 CFR 261.2(c)(2)). These combustion devices are defined in 40
CFR 260.10 as follows:
o Boilers - enclosed devices using controlled flame
combustion with specified design and operating
characteristics related to the recovery of energy;
and
o Industrial Furnaces - one of a specific list of
devicesthat are integral components of manufac-
turing processes and that use controlled flame
devices to accomplish recovery of materials or
energy. •
The list of devices defined as industrial furnaces is shown in
Exhibit 7. Additional devices may be added to the list of
industrial furnaces in the future.
Burning of wastes in industrial furnaces may also be
undertaken solely to reclaim materials (see discussion of
reclamation in the next section) or to dispose of materials.
(EPA interprets any legitimate burning of wastes in boilers to be
intended at least in part for energy recovery, since energy
recovery is the primary purpose of boiler operations.) The rules
applicable to burning for energy recovery apply for recycling in
industrial furnaces, unless the burning is solely for recovery of
materials (50 FR 630-631). Thus, characteristic sludges and by-
products that generally are not subject to Subtitle C require-
ments if reclaimed will be subject to requirements when burned in
boilers or industrial furnaces when energy recovery is also
accomplished. Burning in devices other than boilers and
industrial furnaces is regulated as incineration or thermal
treatment under Subtitle C, and wastes destined for such burning
are subject to full requirements under Subtitle C, even if
recycling is intended.
As described in the previous section, all hazardous
secondary materials are solid and hazardous wastes when burned
directly as a fuel, or when processed or blended to produce a
fuel. The only exceptions are commercial chemical products that
1-19
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are originally intended for. use as fuels, including off-
specification fuels (e.g., natural gas pipeline condensate
generated in the pipeline transmission of natural gas) that are
burned for energy recovery (50 FR 630 and 40 CFR 261.2(c)(2)).
In addition, used oils that are hazardous only because they
exhibit a characteristic of hazardous wastes are subject to
special standards in Part 266, Subpart E when used as fuels, and
nay be subject to additional regulation in the future.
EPA currently is developing, in two phases, regulations that
will govern burning of wastes as fuels. On 29 November 1985, EPA
promulgated a first set of rules that extend generator (Part
262), transporter (Part 263), and interim status storage
requirements (Part 265) to fuels derived from solid and hazardous
wastes not previously subject to Subtitle C requirements. The
rule also establishes a rebuttable presumption that used oil
containing more than 1,000 ppm total halogens is mixed with
listed hazardous wastes, and therefore is subject to the same
requirements as other hazardous wastes when burned as fuel. In
addition, the rule prohibits the burning of hazardous waste fuel
and contaminated used oil (used oil that does not meet
specifications for arsenic, cadmium, chromium, lead, flash point
and/or halogens) in non-industrial boilers. Finally, the rule
imposes requirements for generators, marketers, and burners of
used oil burned as fuel, including notification, use of a
manifest or- invoice, fuel analysis, and storage requirements.
In the second rule-making phase, EPA is developing permit
standards for burning of used oil fuels, hazardous waste, and
waste-derived fuels in boilers and industrial furnaces. (These
rules will affect all burning of hazardous wastes in such de-
vices, regardless of the purpose of burning.) The permit
standards are scheduled for proposal in 1986, and will specify
additional storage and administrative requirements and technical
controls on burning.
Reclamation
Reclamation is defined as:
1. The regeneration of waste materials; or
2. The recovery of material with value from wastes
(40 CFR 261.l(b)(4)).
1-20
20<
-------
Reclamation includes such activities as dewatering, ion exchange,
distillation, and smelting. Simple collection (such as collec-
tion of solvent vapors) or the agglomeration of materials (e.g.,
in a sintering furnace) is not reclamation. Use of materials as
feedstocks or ingredients (e.g«, use of a material as a reactant
in the production of a new product) also is not reclamation (50
PR 633).
Spent materials, scrap metals, listed sludges, and listed
by-products are solid wastes when reclaimed (40 CFR
261.2(c)(3)).ipy Prior to reclamation, these materials are sub-
ject to hazardous waste generator (40 CFR 262), transporter (40
CFR 263), and storage requirements (40 CFR 264 and 265, Subparts
A through L). Residues derived from reclaiming listed spent
materials, by-products and sludges are also listed hazardous
wastes and are subject to Subtitle C regulation, unless and
until they are delisted. Residues from the reclamation of
characteristic spent materials are regulated as hazardous wastes
if they also exhibit one of the characteristics of a hazardous
waste. Reclamation processes themselves are not regulated (40
CFR 261.3 (c) and (d)).
Certain types of materials recovery in industrial furnaces
are not within the jurisdiction of RCRA, and materials that are
defined as solid and hazardous wastes prior to such reclamation
(and subject to storage and other applicable standards) may not
be defined as solid wastes during the reclamation process. These
are situations where the secondary material being reclaimed is
indigenous to the process in which the industrial furnace is
being used, for example, because the secondary material contains
the same types and concentrations of constituents as the raw
materials normally burned in the industrial furnace. Since the
burning process itself is not currently subject to Subtitle c
standards, the only practical implication of the difference in
1Q/ Although scrap metal that is reclaimed is defined as a solid
waste, it is is temporarily exempt from all RCRA hazardous waste
requirements (40 CFR 261.6(a)(3)). Characteristic sludges and by-
products may be subject to Subtitle C requirements if reclaimed
in boilers or industrial furnaces, if some energy recovery occurs
as well (see 50 FR 630-631). As described above, these wastes
are subject to requirements when burned as fuels (40 CFR
261.2(c)(2)).
1-21
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status of these wastes prior to and during burning is the status
of residuals from burning. A residue from burning an indigenous
material that is burned solely for materials recovery in an
industrial furnace would not be subject to Subtitle C require-
ments, unless the residue itself exhibits one or more of the
characteristics of hazardous waste. For example, a listed
process residue from a smelting furnace that is resmelted in the
same furnace would not be a solid waste at the point of
resmelting, although it would be subject to Subtitle C
requirements if stored prior to being resmelted. (See 50 FR
49167, November 29, 1985.)
The products of reclamation are generally not wastes and are
not subject to RCRA unless:
1. They are burned as fuel or placed on the land;
2. They are not ordinarily considered to be
commercial products (e.g., reclaimed wastewater) ;
3. Reclamation processing is -minimal or does not
complete the recovery process (50 FR 634) . ll/
As described above, listed sludges, listed by-products, and
listed or characteristic spent materials that are reclaimed are
'solid wastes and subject to Subtitle C generator requirements; if
stored or transported, these materials are also subject to
Subtitle C storage and transport requirements. Some wastes,
however, are subject to reduced requirements when reclaimed:
ll/ Products of reclamation that are burned as fuel or placed
on the land are not solid wastes if they are commercial chemical
products ordinarily produced for these uses (50 FR 634). In
addition, the requirement that the recovery process be complete
before a product of reclamation is no longer considered a waste
does not apply to the reclamation of characteristic by-products
or sludges; the intermediate products of reclamation of these
materials are not solid wastes since the sludges and by-products
themselves are not solid wastes.
22< 1-22
-------
o Materials from which precious metals are recovered
are subject to the limited provisions under 40 CFR
266 Subpart F (i.e., notification, manifest, and
recordkeeping requirements only). To qualify, the
reclamation process must recover economically
significant amounts of gold, silver, platinum,
palladium, iridium, osmium, rhodium, ruthenium,
or some combination of these metals from the
waste in question.
o Generators, transporters, and collectors of spent
lead-acid batteries who do not also recover the
lead from the batteries are not subject to the
hazardous waste regulations. Reclaimers of lead
from these batteries must notify and, if they
store the batteries prior to reclamation, comply
with the storage facility requirements of 40 CFR
264 and 265 Subparts A through L, with the
exception of waste characterization (264.14 and
265.23) and manifest-related requirements (264.71-
72, 265.71-72). The limited provisions applicable
to persons who reclaim spent lead-acid batteries
are summarized under 40 CFR 266 Subpart G.
Spent lead acid batteries that are to be reclaimed are excluded
from the calculation of the 100 kg/month exemption level (40 CFR
261.5) because they are not subject to regulation in the hands of
the generator (50 FR 14218). Precious metal wastes, however,
must be included in the calculation of the exemption (50 FR 652
and 50 FR 14218).
Speculative Accumulation
Any hazardous secondary material not otherwise defined as a
solid waste when recycled is considered a waste if it is accumu-
lated before recycling, unless the person accumulating the
material can show that (1) the material is potentially recyclable
and there is a feasible means of recycling the material, and (2)
at least 75 percent of the accumulated material is recycled in
23<
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one calendar year (40 CFR 261.2(c)(4)).12/ The only exceptions
to this rule are hazardous commercial chemical products (listed
or characteristic) which are not considered wastes when stored
prior to recycling (40 CFR 261.2(c)(4)). Generator (40 CFR 262),
transporter (40 CFR 263), and storage requirements (40 CFR 264
and 265, Subparts A through L) apply to speculatively accumulated
wastes.
12/ The 75 percent turnover rate may be calculated on the basis
of volume or weight, and applies to waste accumulated during a
calendar year beginning January 1. The 75 percent turnover
requirement applies to all materials of the same class (materials
of the same type generated from the same process) destined to be
recycled in the same way (50 FR 635 and 40 CFR 261.l(c)(8)).
1-24
24<
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Exhibit 1
c/i
Deacrtptton of Activity;
Questions!
1.
2.
lm the Material that !• recycled • Secondary Materiel?
I J Y«» ( 1 no
1C yee. go on to queetlon (2).
If no. the Material !• not • solid waste.
!• the Materiel hasardous? (* Material IB hasardoua 1C it ie
lleted under 40 en 261.30-.il or exhibit* one oC the
characteristic* oC e hasardoua waste given in 40 Cm 361.20-.24,
and is not specifically excluded Cros the detinition oC hasardous
waste under 40 CFR 2«1.4(b).)
I 1 yes
( 1 no
1C yes, go on to question (1).
1C no, the Material is not a solid waste.
Is the Material specifically excluded CroM the deCinition of
solid waste under 40 era 2«1.4(a)(see the list -in Exhibit 5)?
[ ] yss C ) no
1C yes. the Material is not a solid waste.
1C no, go on to question (4).
Is the Material inherently waste-like (see the list in Exhibit 4)?
I I yes ( ) no
1C yss, the Material is s solid waste. See applicable
regulations, below.
1C no. go on to question (S).
Does the activity serve a beneficial use?
C J yes C 1 no
If yee, go on to question (C).
Zf no, the activity is not recycling, and the Material
is a solid waste. See applicable regulations,
below.
IB there a feasible Meana for recycling the weete?
( I yes f I no
ZC yss, go on to question ((a).
1C no, go on to question (Cb).
•a. Is at leeet 75 percent oC the Materiel recycled within
one calendar yeer?
( 1 Y*> I I no
1C yes, go on to question (7).
ZC no, go on to question (Cb).
so. Zs the Material a coMMerelal cheMlcel product that
exhibits s hasardous waste chsracteristio or is listed
es a haiardoua waste in 40 era 2C1.11?
( 1 y« C 1 no
1C yss, go on to question (7).
ZC no, the practice is speculative
accuMulation, and the Material is a
solid waste. See applicable
regulations, below.
Zs the Material placed on the ground or used in a product that 1*
placed on the ground?
( I y«»
I 1 no
7a.
1C yes, go on to question (7a).
ZC no. go on to question (•).
Is the Material a coMMerelal chesical product that
exhibits a hasardous waste characteristic or is listed
in 40 era 2C1.11 that is produced Cor application to
the land?
C 1
f 1 no
1C yes, the Material is not a solid wsst*.
1C no. the activity results in use
constituting disposal.and the Material
is a solid wssts. See applicable)
regulations, below.
Is the Material uasd as a Cuel or used to produce a fuel?
{ J yes 1 J no
ZC yee, , go on to question (la).
ZC no, go on to question (9).
-------
I*.
Is the 'material a commercial chemical product that
exhibit* a hazardous waata characteristic or la Hated
In 40 CFR 261.13 a.td that la produced to ba burned aa
fual?
( ]
( J no
If ye*, the material le not a aolld waate.
1C no, the activity results In burning for
energy recovery, and the Material 1* a
•olid wast*. See applicable
regulations, below.
*. Is the Material used or reuaed
(| as an ingredient in an induatrlal process to Make
a new product without intermediate reclamation
(regeneration or recovery of Materials),
( ] as an effective substitute for commercial products
in a particular function or application, or
( ] as a substitute for raw Material feedstock in the
primary production process from which it was
generated, without being first reclaimed (a
closed-loop process)?
If any of the above apply, the activity is use or
reuse, and the Material la not a solid wast*.
If none of the above apply, go on to question (10).
10. Is the Material regenerated or are materials
recovered from the original Material?
with value
C 1 ye*
I ) no
If yee, the activity is reclamation. Co on to question
(lOa).
If no, please review the definitions of activities in
this Manual and reconalder your answers, or
call the RCRA Hotline for aaslatance.
lOa. la the Material
( ] a hazardous waate listed under 40 CFR
261.11 or 261.12 (this provision
excludes commercial chemical products,
which are listed under 40 CFR 261.11),
( ) a spent material exhibiting one of the
characteristics of a hazardous waste
given in 40 CFR 261.20-.24. or
( ) a acrap Metal?
If any of the above apply, the Material is
a aolld waata. See applicable
regulations, below.
If none of the above apply, go on to question
(lOb).
lOb. Is the material
( I
either • aludge or a by-product that
exhibit* one of the characteristics of a
hasardoua waste given in 40 CFR 261.20-
.24, end that is not listed under 40 CFR
261.11-.32, or
e commercial chemical
under 40 CFH 2C1.11?
product listed
If any of the above apply, the Material is
not e solid waste.
If none oC the above apply, plees* review
the definition* of actlvltlee in thl*
Manual and reconsider your answer*, or
call the RCRA Hotline for assistance.
Applicable Requlatlons
1.
I* the process
Exhibit 6)7
I 1 y««
*xe*pt fro* regulation (••• the list In
I 1 no
If ye*, the Material 1* not regulated.
If no, the Material 1* regulated. See Item (2), below.
2.
Diacuaaioni
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Exhibit 2
EXAMPLES OF WASTES BY TYPE
Spent Materials; spent solvents
spent activated carbon *
spent catalysts
spent acids
spent pickle liquor
spent foundry sands
spent lead-acid batteries
spent potliners
wastewater
Sludges: bag house dusts
wastewater treatment sludges
flue dusts
By-products; distillation column bottoms
mining slags
drosses
Scrap Metal: bars
turnings
rods
sheet
wire
radiators
scrap automobiles
railroad box cars
Commercial Chemicals; Commercial chemical products or manufac-
turing intermediates listed in 40 CFR
261.33(e) or (f);
Off-specification variants of the above
substances;
Containers or inner liners from con-
tainers used to hold the above sub-
stances (unless they have been cleansed
in the appropriate manner);
Any residue or contaminated debris from
the cleanup of a spill of any of the
above substances.
-------
Exhibit 2
(continued)
EXAMPLES OF WASTES BY TYPE
Listed Wastes by Category: **
Spent Materials
F001
F002
F003
F004
F005
F007
F009
F011
K021
K028
K033
K038
K045
K047
K062
K086
K098
K099
K104
Kill
K117
K11S
Sludges
F006
F012
F019
K001
K002
K003
K004
K005
K006
K007
K032
K035
K037
K040
K041
K044
K046
K043
K051
K061
K069
K084
K100
K106
By-Products
F008 X034
F010 K036
F024
K008
K009
K010
K011
KOI 3
KOI 4
K015
KOI 6
K017
K018
K019
K020
K022
K023
K024
K025
K026
K027
K029
K030
K031
K039
K042
K043
K049
K050
K052
K060
K071
K073
K083
K085
K087
K093
K094
K095
K096
K097
K101
K102
K103
K105
K112
K113
K114
K115
K116
K136
Spent activated carbon is a sludge if it is
by pollution control activities.
generated
**
This exhibit does not include inherently waste-like
materials (wastes with EPA Hazardous Waste Nos. F020,
F021, F022, F023, F026 and F028). In addition, it does
not include listed commercial chemical products (all P-
and U- wastes listed under 40 CFR 261.33, plus EPA
Waste No. F027), which are a separate physical
category. Currently, there are no listed wastes in the
scrap metals category.
28'
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Exhibit 3
v A a 11
Type of Material
Sp"fVi)t??fae3 and ad/
characteristic)
""fas-ted)
<8on- listed/characteristic)
^fltfsted1!
^"?rS£?isted/characteristic)
CoBwgrcial .Chemical Products
»?JpiS2?tltut!nfl
Yes
Yes
Yes
Yes
Yes
Yes
Burning for Energy
Recovery, or Use;
to Produce A Fuel Reclamation
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
No
Yes
No
No
Speculative
Accumulation
Yes
Yes
Yes
Yes
Yes
No
characteristic:.not
orotnarily applied to . .
the land Or burned as fuels)
Scrap Metal
Yes
Yes
Yes
Yes
Yes • Defined as • solid waste
No * Not defined as a solid M
uaste
-------
Exhibit 4
INHERENTLY WASTE-LIKE MATERIALS
Inherently waste-like materials are specified in greater detail
in 40 CFR 261.2(d).
As of December 1985, they include:
o Wastes from the production or manufacturing use of
tri- or tetrachlorophenol/ or of intermediates used to
produce their pesticide derivatives (FO20);
o Wastes from the production or manufacturing use of
pentachlorophenol, or of intermediates used to produce
its derivatives (F021), unless used as an ingredient to
make a product at the site of generation;
o Wastes from the manufacturing use of tetra-, penta-,
or hexachlorobenzenes under alkaline, conditions (FO22);
o Wastes from the production of materials on equipment
previously used for the production or manufacturing use
of tri- and tetrachlorophenols (F023);
o Wastes from the production of materials on equipment
previously used for the manufacturing use of tetra-,
penta-, or hexachlorobenzene under alkaline conditions
(F026);
o Residues resulting from the incineration or thermal
treatment of soil contaminated with EPA Hazardous Waste
NOS. F020, F021, FO22, FO23, FO26, and F027 (FO28).
30<
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Exhibit 5
EXCLUDED MATERIALS
The following materials are excluded from the definition of solid
waste (40 CFR 261.4(a)):
o Domestic sewage and mixtures of domestic sewage and
industrial wastes;
o Industrial NPDES point source wastewater discharges;
o Irrigation return flows;
o Source, special nuclear or by-product material as
defined by the Atomic Energy Act;
o Materials subjected to in-situ mining techniques which
are not removed from the ground;
o Pulping liquors (i.e., black liquors) that are
reclaimed in a pulping liquor recovery furnace and then
reused in the pulping process/ unless they are
speculatively accumulated;
o Spent sulfuric acid used to produce virgin sulfuric
acid, unless it is speculatively accumulated.
-------
Exhibit 6
EXEMPTED MATERIALS
The following materials are defined as solid wastes, but are
specifically exempt from RCRA Subtitle C requirements (40 CFR
261.6):
o Industrial ethyl alcohol that is reclaimed;
o Used batteries (or used battery cells) returned to
a battery manufacturer for regeneration;
o Used oil that exhibits .one or more of the
characteristics of hazardous wastes but is
recycled in some manner other than being burned
for energy recovery;
o Scrap metal;
o Fuels produced from the refining of oil-bearing
hazardous wastes along with normal process streams
at a petroleum refining facility if such wastes
result from normal petroleum refining, production,
and transportation practices;
o Oil reclaimed from.hazardous waste resulting from
normal petroleum refining, production, and
transportation practices, if it is to be refined
along with normal process streams at a petroleum
refining facility;
o Coke and coal tar from the iron and steel industry
that contains hazardous waste from the iron and
steel production process;
-------
Exhibit 6
(continued)
EXEMPTED MATERIALS
o Hazardous waste fuel produced from oil-bearing
hazardous wastes from petroleum refining,
production, or transportation practices, or
produced from oil reclaimed from such hazardous
wastes, where such hazardous wastes are
reintroduced into a process that does not use
distillation or does not produce products from
crude oil so long as the resulting fuel meets the
used oil specification under 40 CFR 266.40(e) and
so long as no other hazardous wastes are used to
produce the hazardous waste fuel;
o Hazardous waste fuel produced from oil-bearing
hazardous waste from petroleum refining
production and transportation practices, where
such hazardous wastes are reintroduced into a
refining process after a point . at. which
contaminants are removed, so long as the fuel
meets the oil fuel specification under 40 CFR
266.40(e);
o Oil reclaimed from oil-bearing hazardous wastes
from petroleum refining, production, and
transportation practices, which reclaimed oil is
burned as a fuel without reintroduction to a
refining process, so long as the reclaimed oil
meets the used oil fuel specification under 40 CFR
266.40(e); and
o Petroleum coke produced from petroleum refinery
hazardous wastes containing oil at the same
facility at which such wastes were generated,
unless the resulting coke product exhibits one or
more characteristics of hazardous waste.
33<
-------
Exhibit 7
DEVICES REGULATED AS INDUSTRIAL FURNACES
(listed in 40 CFR 260.10)
Cement kilns
Lime kilns
Aggregate kilns
Phosphate kilns
Coke ovens
Blast furnaces
Smelting, melting and refining furnaces*
Titanium dioxide chloride process oxidation reactors
Methane reforming furnaces
Pulping liquor recovery furnaces
Combustion devices used in recovery of sulfur values from spent
sulfuric acid
* This category includes pyrometallurgical devices such as
cupolas, reverberator furnaces, sintering machines,
roasters, and foundry furnaces.
-------
EXAMPLES CHAPTER 2
This chapter presents examples that illustrate the
application of the solid waste definition rule to specific
recycling practices. The examples follow the format described in
Chapter 1 and are organized by recycling activity and types of
hazardous materials. There are five sections on types of
recycling activities:
1. Use constituting disposal;
2. Burning wastes or waste-derived fuels for energy
recovery/ or using wastes to produce a fuel;
3. Reclamation; and
4. Use or reuse of secondary materials as ingredients
or feedstocks in production processes, as
effective substitutes for commercial products, or
in closed-loop recycling processes.
In addition, a fifth section ("Other") provides examples of the
following cases:
o Activities that do not constitute solid waste
recycling;
o Recycling of materials excluded from the
definition of solid waste under 40 CFR 261.4 (b) ;
and
o Recycling of inherently waste-like materials.
2-1
35<
-------
Within these sections/ the examples appear in the following
order:
1. Spent materials (that are contaminated such that
they serve their original purpose);
2. Sludges (residues from pollution control or
treatment operations);
3. By-products (residual materials that are not in
the other categories);
4. Scrap metals (bits and pieces of metal parts);
5. Mixed materials (mixtures of the above materials);
6. Materials that are not secondary materials; and
7. Secondary materials that re not hazardous.
The index contained in Chapter 3 provides additional
assistance in locating examples of particular recycling
practices.
We emphasize that all statements regarding the regulatory
status,of secondary materials or recycling practices described in*
this document are based strictly on the examples illustrated.
Slight changes in any given example could alter its regulatory
status. Therefore, users of this manual who wish to draw
conclusions about the regulatory status of a particular recycling
activity should be certain that the examples relied upon are
completely analogous to the case in question. Further, the
reader should not assume that descriptions of the wastes as
listed, characteristic, or non-hazardous in the examples would
apply to all similar wastes. These classifications are stated as
assumptions in the examples, and each material of interest to the
reader should be evaluated to determine whether it falls within
the scope of a listing or whether it exhibits one of the
characteristics of a hazardous waste.
2-2
36<
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GO
USB COHSTITUTING DISPOSAL - SPENT MATERIAL 1
Description of Activity}
An acid etching aolution (a
ant material exhibiting the
•per
characteristic of corroalvity) ia reclaimed for ita line content. Th«
zinc (which doe* not exhibit any hazardous waate characteriatlca) is
than uaed in a fertiliser that alao does not exhibit any hazardous
waste characteristics. The recycler uses the fertiliser on his own
land but does not Market it to the general public.
Hhat ia the status of the etching solution?
Questionsi
1. Is the Material that is recycled a secondary material?
(X) yes { ) no
If yes, go on to question (2).
If no, the material is not a solid waate.
2. Is the material hazardous? (A material Is hazardous If it is
listed under 40 CFR 261.30-. 31 or exhibits one of the
characteristics of a hazardous waste given in 40 CFR 261.20-.24,
and is not specifically excluded from the definition of hazardous
waste under 40 CFR 261.4(b).)
3.
4.
5.
W yes
C I no
If yes, go on to question (3).
If no, the material is not a solid waste.
la the material apeoifically excluded from the definition of
solid waste under 40 CFR 261.4(a) (see the list in Exhibit 5)7
( 1 Y"
IX] no
If yes, the material ia not a solid waate.
If no, go on to question (4).
la the material inherently waste-like (aee the Hat in Exhibit 4)7
I ) yaa [X] no
If yea, the material is a aolid waste. See applicable
regulations, below.
If no, go on to question (5).
Does the activity serve a beneficial use?
(XI yes [ ] no
If yes, go on to question (6).
If no, the activity is not recycling, and the material
is a solid waste. See applicable regulations,
be lev-
Is there a feasible means for recycling the waate?
(X) yes | 1 no
If yes, go on to question (6a).
If no, go on to question (6b).
6a.
Is at least 75 percent of the material recycled within
one calendar year? .
IX) yes
I 1 «o
6b.
If yes, go on to question (7).
If no, go on to question (6b).
Is the material • commercial chemical product that
exhibits a hazardous waste characteristio or is listed
as a hazardous waste in 40 CFR 261.33?
I ] Y««
I ) no
If yes, go on to question (7).
If no, the practice is speculative accumula-
tion, and the material Is a solid
wast*. See applicable regulations,
below.
Is the material placed on the ground or uaed in a product that is
placed on the ground?
IX) yes
I 1 no
7a.
If yes, go on to question (7a).
If no, go on to question (8).
Is the material • commercial chemical product that
exhibits a hazardous waste characteristic or is listed
in 40 CFR 261.33 that is produced for application to
the land?
I ) Y««
(X) no
If yes, the material Is not • solid waste.
If no, the activity results in use
constituting disposal and the material
is a solid waste. See applicable
regulations, below.
Is the material used as a fuel or used to produce a fuel?
I ) yes I ) no
If yes, go on to question (Ba).
If no, go on to question (9).
-------
•a. Is the material a commercial chemical product that
exhibits a hazardous waste characteristic or is listed
in 40 CFR 261.33 and that is produced to be burned as
fuel?
C 1 y«» ( ) no
If yes, the material is not • solid waste.
If no, the activity results in burning for
energy recovery, and the material Is a
solid waste. fiee applicable regula-
tions, below.
9. Is the material used or reused
II as an ingredient in an industrial process to make
a new product without Intermediate reclamation
(regeneration or recovery of materials),
( ) as an effective substitute for commercial products
In a particular function or application, or
[ ) as a substitute for raw material feedstock In the
primary production process from which It was
generated, without being first reclaimed (a
closed-loop process)?
If any of the above apply, the activity Is use or
reuse, and the material is not a solid waate.
If none of the above apply, go on to question (10).
10. Is the material regenerated or are materials with value
recovered from the original material?
lOb. Is the material
( ) either • a sludge or a by-product that
exhibits one of the characteristics of a
hazardous waste given in 40 CFR 261.2O-
.24, and that Is not listed under 40 CFR
261.31-.32, or
( ) a commercial chemical product that exhi-
bits a hazardous waste characteristic or
is listed under 40 CFR 261.33?
If any of the above apply, the material is
not a solid waste.
If none of the above apply, please review
the definitions of activities in this
manual and reconsider your answers, or
call the RCRA Hotline for assistance.
Applicable Regulations:
1. Is the. wast* exempt from regulation (as* the list In Exhibit 6)7
( )
CXJ no
2.
( ) yes
( ] no
CO
If yes, the activity la reclamation. Co on to question
(lOa).
If no, please review the definitions of activities In
this manual and reconsider your answers, or
call the RCRA Hotline for assistance.
lOa. Is the material
( } a hazardous waste listed under 40 CFR
261.31 or 261.32 (this provision
excludes commercial chemical products,
which are listed under 40 CFR 261.33),
( ) a spent material exhibiting one of the
characteristics of a hazardous waste
given in 40 CFR 261. 20-. 24, or
[ ] a scrap metal?
If any of the above apply, the material is a
solid waste. See applicable regula-
tions, below.
If none of the above apply, go on to question
(lOb).
If yes, the material Is not regulated.
If no, the material Is regulated. Be* Item (2), below.
The generator of the spent etching solution is subject to re-
quirements under 40 CFR 262. Transporters of the spent etching
solution are subject to requirements under 40 CFR 263. Genera-
tors recycling the spent etching solution on-slte, off-site re-
cyclers and other parties handling the spent etching solution
prior to recycling may be subject to storage facility require-
ments under 40 CFR 264 and 265 Subparts A through L. Generators
who store the spent etching solution for no more than 90 days in
tanks or containers prior to recycling are subject only to the
requirements for accumultion under 40 CFR 262.34. Residues from
recycling the spent etching solution must be managed as hazar-
dous wastes if they themselves exhibit any hazardous waste
characteristics.
Disoussioni
Because material with value — the zinc — is recovered from the
etching solution, the activity is classified as reclamation. However,
the reclamation step is part of a recycling process that ends with the
zinc being placed on the ground. Because the ultimate step is use
constituting disposal, the etching solution is a solid waste and is
subject to RCRA Subtitle C regulation. (Hotel Because it is a hazar-
dous spent material that Is reclaimed, the etching solution would be a
solid waste even if the ultimate use of the zinc was not placement on
the land.)
See Also: Other - Non-Secondary Material 7
Other - Non-Hazardous Secondary Material 3
Other - Non-Hazardous Secondary Material 4
Reclamation - Spent Material 13
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Oo
•Ji
USE CONSTITUTING DISPOSAL - SPENT MATERIAL 2
Description of Activity*
Sulfurlc aold from natal finishing operations (a spent Material
exhibiting the characteristic of corroalvity) ia used aa an ingredient
In fertilizers that arc Marketed to tha ganaral public. Tha fertili-
zers themselves do not exhibit any hazardous waste characteri»tlea.
What la the status of tha sulfurlc acid?
Questions»
1. Is the Material that Is recycled a secondary Material?
1X1 yes [ ) no
If yes, go on to question (2).
If no, the Material la not a solid waste.
2. Is the Material hasardous? (A Material Is hasardous if it is
listed under 40 CPR 261.30-. 33 or exhibits one of the
characteristics of a hazardoua waste given in 40 CFR 261.20-.24,
and is not specifically excluded from the definition of hasardous
waste under 40 CFR 261.4(b).)
(X) yea
( 1 no
If yes, go on to question (3).
If no, the Material is not a solid waste.
Is the Material specifically excluded from the definition of
solid waste under 40 CFR 261.4(a) (see the list in Exhibit 5)7
( ) yes
|X) no
If yes, the Material is not a solid waste.
If no, go on to question (4).
Is the Material inherently waste-like (see the list in Exhibit 4)7
( } yas (X) no
If yes, the Material is a solid waste. See applicable
regulations, below.
If no, go on to question (5).
Does the activity serve a beneficial use?
m yes ( ) no
If yes, go on to question (6).
If no, the activity is not recycling, and the Material
is a solid waste. See applicable regulations,
below.
Is there a feasible Means for recycling the waste?
IX] yes [ I no
If yes, go on to question (6a).
If no, go on to question (6b).
6a.
Is at least 75 percent of the Material recycled within
one calendar year?
IX) yes
[ ) no
6b.
If yes, go on to question (7).
If no, go on to question (6b).
Is the Material a coMMerolal cheelcal product that
exhibits a hazardous waste characteristic or is listed
as a hasardous waste in 40 CPR 261.33?
( 1
( 1 »o
If yes, go on to question (7).
If no, the practice is speculative accumula-
tion, and the Material is a solid
waste. See applicable regulations,
below.
Is the Material placed on the ground or used in • product that is
placed on the ground?
(X) yes
[ ) no
7a.
If yes. go on to question (7a).
If no, go on to question (•).
Zs the Msterlsl a commercial chemical product that
exhibits a hazardoua waste charscteristic or is listed
in 40 CPR 261.33 that is produced for application to
the land?
{ ) y«a (X) no
If yes. the Materiel ia not • solid waste.
If no, the activity results in use constitu-
ting disposal and the Material is a
solid waste. See applicable regula-
tions, below.
Is the Material used as a fuel or used to produce a fuel?
I I yes [ ) no
If yes, go on to question (>a).
If no, go on to question (9).
-------
8a.
Is the material a commercial chemical product that
exhibits a hazardous waste characteristic or Is listed
In 40 CFR 261.33 and that Is produced to be burned as
fuel?
I 1
I ) »o
9.
If yes, the Material is not a solid waste.
If no, the activity results In burning for
energy recovery, and the Material Is •
solid wasts. See applicable regula-
tions, below.
Is the Material used or reused
( ] as an Ingredient in an industrial process to Make
a new product without Intermediate reclamation
(regeneration or recovery of materials),
( ) as an effective substitute for commercial products
in a particular function or application, or
( J as a substitute for raw Material feedstock in the
primary production process from which it was
generated, without being first reclaimed (a
closed-loop process)?
If any of the above apply, the activity is use or
reuse, end ths Material is not a solid waste.
If none of the above apply, go on to question (10).
10. Is the Material regenerated or are materials with value
recovered from the original material?
( 1 y«» C I no
If yes, ths activity is reclamation. Go on to question
(lOa).
If no, plsaae review the definitions of activities in
this manual and reconsider your answers, or
call ths RCRA Hotline for assistance.
lOa. Is the Material
I J a hazardous waste listed under 40 CFR
261.31 or 261.32 (this provision
excludes commercial chemical products,
which are listed under 40 CFR 261.33),
( ) a spent material exhibiting one of the
characteristics of a hazardous waste
given in 40 CFR 261.20-.24, or
( ) a scrap metal?
If any of the above apply, the material is a
solid wasto. See applicable regula-
tions, below.
If none of the above apply, go on to question
(lOb).
lob. Is the Material
( ) either a sludge or • by-product that
exhibits one of the characteristics of a
hazardous waste given in 40 CFR 261.20-
.24, and that is not listed under 40 CFR
261.31-.32, or
( ] a commercial chemical product that exhi-
bits a hazardous wast* characteristic or
is listed under 40 CFR 261.33?
If any of the above apply, the Material is
not a solid waste.
If none of the above apply, please review the
definitions of activities in this Manual
and reconsider your answers, or call the
RCRA Hotline for assistance.
Applicable Regulations»
1. Is the wast* exempt from regulation (see the list in Exhibit 6)7
( )
(XJ no
If yes, the Material is not regulated.
If no. the Material is regulated. See iteM (2), below.
2. The generator of the sulfurlo acid is subject to requirements
under 40 CFR 262. Transporters of ths sulfurla said are subject
to requirements under 40 CFR 263. Generators recycling scid on-
slte, off-site recyclers and other parties handling the acid
prior to recycling may be subject to storage facility
requirements under 40 CFR 264 end 265 Subparts A through L.
Generators who store the sulfurlc acid for no More than 90 days
in tanks or containers prior to recycling are subject only to the
requirements for accumulation under 40 CFR 262.34. Residues from
recycling Must be managed as hazardous wastes if they themselves
exhibit any hazardous waste characteristics.
Discussioni
Because the sulfurio acid is incorporated into a product that is
applied to the ground, this activity is classified as use constituting
disposal. Hence the acids are solid wastes, and are subject to RCRA
Subtitle C regulation.
See Alaoi
Use Constituting
Material 1
Disposal - Non-Hazardous Secondary
-------
-F
USB CONSTITUTING DISPOSAL - SLUDGE 1
Description of Actlvityi
Toxic Metal-containing sludges from the chemical industry
(sludges exhibiting the characteristic of EP-toxiclty) go through a
reclamation process that reaults in a soil-like solid that can be used
for landfill cover material, levees, terms, or fertiliser. This
product does not exhibit hasardous waste characteristics.
What is the status of ths sludges?
Questions!
1. Is the material that is recycled a secondary Material?
•(X) yes ( ) no
If yes, go on to question (2).
If no. the Material is not a solid waste.
2.
3.
4.
5.
Is the material hasardous? (A Material is hazardous if it is
i'sted under 40 CFR 261.30-. 33 or exhibits one of the
characteristics of a hasardous waste given in 40 CFR 261.20-.24,
and is not specifically excluded from the definition of hasardous
waste under 40 CFR 261.4(b).)
(X) yes
( 1 no
If yes, go on to question (3).
If no, the Material is not a solid waste.
Is the material specifically excluded from the definition of
solid waste under 40 CFR 261.4(a) (see the list in Exhibit 5)7
( 1 y*> (X) no
If yes, the material is not a solid waste.
If no, go on to question (4).
Is the Material Inherently waste-like (see the list in Exhibit 4)?
I 1 yas (X) no
If yes, the material Is a solid waste. See applicable
regulations, below.
If no, go on to question (S).
Does the activity serve a beneficial use?
[X) yes I ) no
If yes, go on to question (6).
If no, the activity is not recycling, and the Material
is a solid waste. See applicable regulations,
below.
Is-there a feasible Means for recycling the waste?
IX) yes I ) no
If yes, go on to question (6a).
If no, go on to question (6b).
6a. Is at least 75 percent of the Material recycled within
one calendar year?
(X] yes
1 no
If yes, go on to question (7).
If no, go on to question (6b).
6b. Is the Material a commercial chemical product that
exhibits a hasardous waste characteristio or is listed
as a hasardous waste in 40 CFR 261.33?
C I y««
C ] no
If yes, go on to question (7).
If no, the practice is speculative accumula-
tion, and the Material is a solid
waste. See applicable regulations,
below.
I* the Material placed on the ground or used in a product that is
placed on the ground?
|X) yes
I ) «o
7a.
If yes, go on to question (7a).
If no, go on to question (•).
Is the Material • commercial chemical product that
exhibits a hasardous waste characteristic or is listed
in 40 CFR 261.33 that Is produced for application to
the land?
I 1
[XJ no
If yss, the Material is not a solid waste.
If no, the activity results in use constitu-
ting disposal and the Material is a
solid waste. See applicable regula-
tions, below.
Is the Material used as a fuel or used to produce a fuel?
( ) yes ( ) no
If yes, go on to question (8a).
If no, go on to question (9).
-------
8a. Is the material a commercial chemical product that
exhibits a hazardous waste characteristic or is listed
In 40 CFR 261.33 and that Is produced to be burned as
fuel?
( 1 y*> ( ) no
If yes, the material is not a solid waste.
If no, the activity reeults in burning for
energy recovery, and the material is a
aolid waste. See applicable regula-
tions, below.
9. Is the material used or reused
( ] as an ingredient in an industrial process to make ,
. a new product without intermediate reclamation
(regeneration or recovery of materials),
( ] as an effective substitute for commercial products
in a particular function or application, or
( ) as a substitute for raw material feedstock in the
primary production proceaa from which it was
generated, without being first reclaimed (a
closed-loop process)?
If any of the above apply, the activity is use or
reuse, and the material is not a solid waate.
If none of the above apply, go on to question (10).
10. Is the material regenerated or are materials with value
recovered from the original material?
I } y«e ( J no
If yes, the activity la reclamation. Go on to question
(lOa).
If no, please review the definitions of actlvltlss in
thie manual and reconsider your answers, or
call the RCRA Hotline for assistance.
lOa. Is the material
( ] a hazardous waste listed under 40 CFR
261.31 or 261.32 (this provision
excludes commercial chemical products,
which are listed under 40 CFR 261.33),
( ) a spent material exhibiting one of the
characteristics of a hazardous waste
given in 40 CFR 261.20-.24, or
( ] a scrap metal?
If any of the above apply, the material is a
solid waste. See applicable regula-
tions, below.
If none of the above apply, go on to question
(lOb).
lOb. IB the material
[ ) either a sludge or a by-product that
exhibits one of the characteristics of a
hazardous waste given in 40 CFR 261.20-
.24, and that is not listed under 40 CFR
261.31-.32, or
( ) a commercial chemical product that exhi-
bits a hazardous waate characteristic or
is listed under 40 CFR 361.33?
If any of the above apply, the material la
not a solid waste.
If none of the above apply, please review
the definitions of activities in this
manual and reconsider your answers, or
call the RCRA Hotline for assistance.
Applicable) Regulations!
1. Is the waate exempt from regulation (see the list in Exhibit 6)7
( 1 y«e (XI no
If yes, the material is not regulated.
If no, the material la regulated. See item (2), below.
2. The generator of the sludges is subject to requirements under 40
CFR 262. Transporter of the sludges are subject to requirements
under 40 CFR 263. Generatora recycling the sludges on-site, off-
site recyclers and other parties handling the aludgea prior to
recycling may be subject to storage facility requirements under
40 CFR 264 and a6S Subparts A through L. Generators who store the
sludges for no more than 90 days in tanks or containers prior to
recycling are subject only to the requirements for accumulation
under 40 CFR 262.34. Residues from recycling the sludges must be
managed aa hazardous waates if they themselves exhibit any
hazardous waate characteristics.
Discussion!
Although the material la reclaimed, the ultimate destination of
the sludges is to be placed on the ground for beneficial use. Hence
the activity is use constituting disposal, even though the product of
reclamation does not exhibit hazardous waste .characteristics.
Materials that are used in a manner constituting disposal are solid
wastes, and are aubject to RCRA Subtitle C regulation.
See Alsot
Other - Non-Hazardoua Secondary Material 2
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USE CONSTITUTIHa DISPOSAL - SLUDGE 2
Description of Actlvitvi
Flue dusts froM Metal refining operations (a sludge exhibiting
the characteristic of EP-toxlcity) are reolaiaed for their Metals
content. The Metals, which also exhibit EP-toxlcity, are used as an
ingredient in fertiliser. The fertiliser, which also exhibits EP-
toxicity, is Marketed to the general public.
What is the status of the flue dusts?
Questtons»
1. Is the Material that is recycled a secondary Material?
(*) y«« ( J no
If yes, go on to question (2).
If no, the Material is not a solid waste.
2. Is the Material hasardous? (A Material is hasardous if it is
listed under 40 CFR 261.30-. 31 or exhibits one of the
characteristics of a hazardous waste given in 40 CFR 261.20-.24,
and is not specifically excluded froM the definition of hasardous
waste under 40 CFR 261.4(b).) '
(X) yes
( ) no
If yes, go on to question (1).
If no, the Material is not a solid waste.
3. Is the Material specifically excluded froM the definition of
solid waste under 40 CFR 261.4(a) (see the list in Exhibit 5)7
( 1 Y" (X) no
If yes, the Material is not a solid waste.
If no, go on to question (4).
4. Is the Material Inherently waste-like (see the list in Exhibit 4)?
( ] y«« (X) no
If yes, the Material is a solid waste. See applicable
regulations, below.
If no, go on to question (5).
5. Does the activity serve a beneficial use?
[X] yea ( ] no
If yes, go on to question (6).
If no, the activity is not recycling, and the Material
is a solid waste. See applicable regulations,
below.
6. Is there a feasible Means for recycling the waste?
[X] yes [ ) no
If yes, go on to question (6a).
If no, go on to question (6b).
6a. Is at least 75 percent of the Material recycled within
one calendar year?
[X] yes
( 1 no
If yes, go on to question (7).
If no, go on to question (6b>..
6b. is the Msterial a couerclal chealcal product that
exhibits a hazardous waste characteristic or is listed
as a hasardous waste In 40 CFR 261.13?
[ )
C 1 no
If yes, go on to question (7).
If no, the practice is speculative accitMUla-
tlon, and the Material is a solid
waste. See applicable regulations,
below.
7. Is the Material placed on the ground or used in a product that is
placed on the ground?
ye«
( 1 no
If yes, go on to question (7a).
If no, go on to question (•).
7a. Is the Material a coB»erolal oheMlcal product that
exhibits a hasardous waste characteristic or is listed
in 40 CFR 261.31 that is produced for application to
the land?
( )
(XJ no
If yes, the Material is not a solid waste.
If no, the activity results in use constitu-
ting disposal and the Material is a
solid waste. See applicable regula-
tions, below.
a. Is the Material used as a fuel or used to produce a fuel?
[ 1 yes I 1 no
If yea, go on to question (Ba).
If no, go on to question (9).
-------
8a. Is the material a commercial chemical product that
exhibits a hazardous waste characteristic or is listed
in 40 CFR 261.33 and that Is produced to be burned as
fuel?
( ] yes I 1 no
If yes, the Material is not a solid waste.
If no, the activity results in burning for
energy recovery, and the Material is a
solid waste. See applicable regula-
tions, below.
9. Is the Material used or reueed
II as an ingredient in an industrial process to Make
a new product without Intermediate reclamation
(regeneration or recovery of Materials),
II as an effective substitute for commercial products
in a particular function or application, or
| 1 as a substitute for raw material feedstock in "the
primary production process from which it was
generated, without being first reclaimed (a
closed-loop process)?
If any of the above apply, the activity is use or
reuse, and the material is not a solid waste.
If none of the above apply, go on to question (10).
10. Is the material regenerated or are materials with value recovered
froM the original Material?
lOb. Is the Material
J
( ) no
If yes, the activity is reclamation. Go on to question
If no, please review the definitions of activities in
this manual and reconsider your answers, or
call the RCRA Hotline for assistance.
lOa. Is the material
( ) a hazardous waste listed under 40 CFR
261.31 or 261.32 (this provision
excludes commercial chemical products,
which are laited under 40 CFR 261.33),
( ] a spent material exhibiting one of the
characteristics of a hazardous waste
given in 40 CFR 261.20-.24, or
[ )' a scrap metal?
If any of the above apply,
solid waste. See
tions, below.
If none of the above apply
(lOb).
the material is a
applicable regula-
go on to question
( ) either a sludge or a by-product that
exhibits one of the characteristics of a
hazardous waste given in 40 CFR 261.20-
.24, and that is not listed under 40 CFR
261.31-.32, or
( ] a commercial chemical product that exhi-
bits a hazardous waste characteristic or
is listed under 40 CFR 261.33?
If any of the above apply, the Material Is
not a solid waste.
If none of the above apply, please review
the definitions of activities In this
Manual and reconsider your answers, or
call the RCRA Hotline for assistance.
Applicable Regulations!
1. Is the wast* exempt from regulation (see the list in Exhibit 6)7
[ ) yes (X) no
If yes, the Material is not regulated. * .
If no, the Material is regulated. See iteM (.2), below.
2. The generator of the flue dusts Is subject to requirements under
40 CFR 262. Transporters of the flu* dusts are subject to
requirements under 40 CFR 263. Generators recycling the flue
dusts on-site, off-site recyclers and other parties handling toe
flue duats prior to recycling May be subject to storage facility
requirements under 40 CFR 264 and 265 Subparts A through L.
Generators who store the flu* dusts for no More than 90 days in
tanks or containers prior to recycling are subject only to the
requirements for accumulation under 40 CFR 262.34. The process
used to reclaim the Metals from the flue dusts Is not regulated.
Residues from recycling the flue dusts must be Managed as
hazardous wastes if they themselves exhibit any haiardous waste
characteristics.
Diecussiont
When reclaimed, a characteristic sludge ordinarily is not defined
as a solid waste. However, the reclamation step is part of a recycling
process that ends with the material being placed on the ground.
Because the ultimate step is use constituting disposal, the material
is a solid waste and is subject to RCRA Subtitle C regulation.
See Also; Use Constituting Disposal - Sludge 3
Use Constituting Disposal - Sludge 4
Use Constituting Disposal - Sludge 5
-------
USB CONSTITUTING DISPOSAL - SUJDGB 3
Description of Activityi
Flu. du.t. fro. Metal refining operatione (a ?lud«*
tha characteristic of EP-toxiclty) are reclaiMed for their
extent?' 'CTn. M.&.? wnich .l.oy.xhibit *l"toxiolty. «•«••«» •"
ingredient in fertili.er. Tha (artlliiac, which alao exhibits EP-
toxicity, la marketed to tha general public.
What la tha atatua ot tha racovarad Mtala?
QuestloneI
1. Is tha Material that la racyclad a aacondary Material?
(X) yaa I ) no
If yaa, go on to question (2).
If no, tha Material la not a solid waata.
2. la tha material hasardoua? (A Mtarial la hasardous If it la
ll.tad undar 40 CFR 261.30-.33 or exhibitsone of tha
charactarlatica of a hazardoua waata given In 40 CFR J"'a°-r";
and ia not apaciflcally excluded froM tha dafinitlon of hacardous
waste undar 40 CFR 261.4(b).)
4.
5.
IX] yaa
[ 1 no
If yaa, go on to question (3).
If no, tha Material ia not a aolid waata.
la tha Batarlal apacifically axoludad from tha dafinitlon of
solid waste undar 40 CFR 261.4(a) (aaa tha Hat in Exhibit 5)7
I 1 Y««
(X) no
If yea, tha Material la not a solid waste.
If no, go on to question (4).
la tha Material inherently waata-like (aee the liat in Exhibit 4>?
I ) yea [X] no
If yea, the Material la a eolid waate. See applicable
regulations, below.
If no, go on to question (5).
Does the activity aerve a beneficial use?
[X] yea [ ] no
If yea. go on to question (6).
If no. the activity is not recycling, and the Material
Is a solid waste. See applicable regulations,
below.
Is there a feaalbla Meana for recycling the waste?
(X) yes [ ) no
If yes, go on to question (6a).
If no, go on to queation (6b).
6a. Is at least 75 percent of the Material recycled within
one calendar year?
[X] yes
I 1 no
Cb.
If yes, go on to queation (7).
If no, go on to queation (6b).
Is the Material a commercial chemical product that
exhibits a hasardoua waste characterlatlo or is listed
as • hasardous waata in 40 CFR 261.33?
C ) yes I ) no
If yes, go on to queation (7).
If no, the practice is speculative accuMUla-
tion, and the Material is • solid
waate. See applicable regulations,
below.
Is the Material placed on the ground or used in a product that is
placed on the ground?
IX) yes
I 1
If yea, go on to queation (7a).
If no, go on to question (a). ,
7a. Is the Material a commercial chemical product that
exhibits a hacardous waate characteristic or is listed
in 40 CFR 261.33 that is produced for application to
the land?
( )
fX) no
If yea, the Material is not a solid waste.
If no, the activity reaulta in uae constitu-
ting disposal and the Material ia a
aolid waste. See applicable regula-
tions, below.
Is the Material used as a fuel or uaed to produce' a fuel?
( ) yes ( ) no
If yea, go on to question (8a).
If no, go on to question (9).
-------
8a.
!• tha material a commercial chemical product that
exhibits a hazardous waste characteristic or la listed
in 40 CFR 261.33 and that is produced to be burned as
fuel?
t 1 V«»
( 1 no
If yes, the material is .not a solid wast*.
If no, the activity results in burning for
energy recovery, and the Material 1* a
solid waste. See applicable regula-
tions, below.
9. Is the material used or reused
( ) as an ingredient in an industrial process to make
a new product without intermediate reclamation
(regeneration or recovery of materials),
( ) as an effective aubstltute for commercial products
in a particular function or application, or
( J as a substitute for raw material feedstock in the
primary production process from which it was
generated, without being first reclaimed (a
closed-loop process)?
If any of the above apply, the activity is use or
reuse, and the material is not a solid waate.
If none of the above apply, go on to question- (10).
10.
le the Material regenerated or are
recovered from the original Material?
materials with value
t 1 y««
1 no
If yes, the activity la reclamation. 60 on to question
(lOa).
If no, please review the definitions of activities in
this Manual and reconaider your answera, or
call the RCRA Hotline for assistance.
lOa. Is the Material
( ] a hazardous waat* listed under 40 CFR
261.31 or' 261.32 (this provision
excludes commercial chemical products,
which are lalted under 40 CFR 261.33),
( ) a spent material exhibiting one of the
characteristics of a hazardous waste
.given in 40 CFR 261.20-.24, or
I ] a scrap metal?
If any of the above apply, the material is a
solid waste. See applicable regula-
tions, below.
If none of the above apply, go on to question
lOb. Is tha Material
( ) either a sludge or • by-product that
exhibits one of the characteristics of a
hazardous waste given in 40 CFR 261.20-
.24, and that is not. listed under 40 CFR
261.31-.32, or
( ] a commercial chemical product that exhi-
bits a haiardous wast* characteristic or
is listed under 40 CFR 261.33?
If any of tha above apply, the material is
not -a solid waste.
If none of the above apply, pleas* review
the definitions of activities in this
Manual and reconaider your anawers, or
call the RCRA Hotline for assistance.
Applicable Regulationsi
1. Is the wast* exempt from regulation (as* the list in Exhibit 6)?
2.
( )
(X) no
If yes, the Material is not regulated.
* If no, the material is regulated. Be* it*M (2), below.
The generator of the Metals (the person who reclaims the flue
dust to recover the metals) is subject to requirements under 40
CFR 262. Tranaporters of the metala are subject to requirements
under 40 CFR 263. Persons who manufacture fertilizer on-slte,
off-site fertiliser Manufacturers and other parties handling the
Metals prior to recycling May be subject to storage facility
requirements under 40 CFR 264 and 265 Subparts A through L.
Generators who store the Metals for no more than 90 days in tanks
or containers prior to recycling are subject only to the
requirements for accumulation under 40 CFR 262.34. The process
of incorporating the metals into the fertilizer is not Itself
regulated. Any residues from recycling Must be Managed aa
hazardous wastes if they themselves exhibit any hazardoua
waate characteristics.
Discussion;
The Metals are a product of the reclamation of a characteristic
sludge. Such products are not solid wastes themselves unless they
exhibit a hazardous waste characteristic and (a) are placed on the
ground in a Manner constituting disposal or (b) are burned as a fuel.
In this case, the recycling process ends with the Material being
placed on the ground. Because the ultimate step is use constituting
disposal, and the metals exhibit a hazardous waste characteristic, the
metals are a solid waste and are subject to RCRA Subtitle C regula-
tion.
See Also: Use Constituting Disposal - Sludge 2
Use Constituting Disposal - Sludge 4
Use Constituting Disposal - Sludge 5
-------
USB CONSTITUTING DISPOSAL - SLUDGE 4
Description of Activity;
Flu* dusts from Mtal refining operations (• sludge exhibiting
the characteristic of EP-toxiclty) are reclaimed (or their metals
content. The metals, which also exhibit EP-toxiclty, are used as an
ingredient in fertilizer. The fertiliser, which also exhibits BP-
toxicity, is marketed to the general public.
What is the status of the fertilizer?
Questions»
1. Is the materiel that is recycled a secondary material?
{X| yes ( | no
If yes, go on to question (2).
If no, the material is not a solid vasts.
2. Is the material hazardous? (A material is hasardous if It is
listed under 40 CPR 261.30-. 13 or exhibits on* of the
characteristics of a hazardous waste given in 40 CFR 261.20-.24,
and Is not specifically excluded from the definition of hazardous
waste under 40 crR 2«1.4(b).|
IX) yes
I 1 no
If yes, go on to question (3).
If no, the material is not a solid waste.
3. Is the material specifically excluded from the definition of
solid waste under 40 CFR 261.4(a) (see the list In Exhibit 5)7
( )
(X) no
If yes, the material is not a solid waste.
If no, go on to question (4).
4. Is the material Inherently waste-like (see the list in Exhibit 4)?
I 1 Y«» (XI no
If yes, the material is a solid waste. See applicable
regulations, below.
If no, go on to question (5).
5. Does the activity serve a beneficial use?
(X) yes I ) no
If yes, go on to question (6).
If no, the activity is not recycling, and the material
is a solid waste. See applicable regulations,
below.
6. Is there a feasible means for recycling the waste?
IX] yes I 1 »o
If yes, go on to question (6a).
If no, go on to question (6b).
6a. Is et least 75 percent of the material recycled within
one calendar year?
[X] yes
I 1 no
If yes, go on to question (7).
If no, go on to question (6b).
6b. Is the materiel a commercial chemical product that
exhibits a hazardous waste characteristic or is listed
as a hazardous waste in 40 CPR 261.))?
( 1 V"
I ) no
If yes, go on to question (7).
If no, the practice is speculative accumula-
tion, end the material is a solid
waste. See applicable regulations,
below.
7. Is the material placed on the ground or used In • product that Is
placed on the ground?
(X) yes
( 1 no
If yes, go on to question (7a).
If no, go on to question (•)•
7a. Is the material • commercial chemical product that
exhibits • hazardous waste characteristic or is listed
In 40 CPR 261.)) that is produced for application to
the land?
t 1 y*«
IX) no
If yes, the material is not • solid waste.
If no, the activity results in use constitu-
ting disposal and the material . is a
solid waste. See applicable regula-
tions, below.
Is the material used as a fuel or used to produce-a fuel?
I ) yes I ) no
If yes, go on to question (>a).
If no, go on to question (9).
-------
Ba.
Im tha Material a comarclal chemical product that
exhibits a hazardous wasta characteristic or is Hated
in 40 CFR 261.33 and that is produced to be burned as
fuel 7
lOb. Is the Material
t 1
t 1 no
If yes, the Material is not a solid waste.
If no, the activity results in burning for
energy recovery, and the Material is a
solid waste. See applicable regula-
tions, below.
9. Is the Material used or reuaed
( ) as an ingredient in an industrial process to Make
a new product without internedlate reclamation
(regeneration or recovery of Materials),
( ] as an effective substitute for commercial products
in • particular function or application, or
{ ] as a substitute for raw Material feedstock in the
priMary production process from which it was
generated, without being flrat reclaimed (a
closed-loop process)?
If any of the above apply, the activity is use or
reuse, and the Material is not a solid waste.
If none of the above apply, go on to question (10).
10. Is the Material regenerated or are Materials with
recovered from the original Material?
value
( ) y»» ( ] no
If yes, the activity is reclamation. Go on to question
(lOa).
If no, please review the definitions of activities in
this Manual and reconsider your answers, or
call the RCRA Hotline for assistance.
lOa. Is the Material
( ] a hasardoua waste listed under 40 CFR
261.31 or 261.32 (this provision
excludes commercial chemical * products,
which are listed under 40 CFR 261.33),
I ) a spent Material exhibiting one of the
characteristics of a hasardous waste
given in 40 CFR 261.20-.24, or
( ) a scrap Metal?
If any of the above apply, the Material is a
solid waste. See applicable regula-
tions, below.
If none of the above apply, go on to question
(lOb).
( ] either a sludge or a by-product that
exhibits one of the characteristics of a
hasardous waste given in 40 CFR 261.20-
.24, and that is not listed under 40 cm
261.31-.32, or
[ ) a commercial chemical product that exhi-
bits a hasardous waste characteristic or
is Hated under 40 CPR 261.33?
If any of the above apply, the Material la
not a solid wasta.
If none of the above apply, please review
the definitions of activities in this
Manual and reconsider your answers, or
call the RCRA Hotline for assistance.
Applicable Regulatlonai
1. Is the waste exempt froM regulation (see the list in Exhibit 6)7
(X) yes f ] no
If yes, the Material is not regulated.
If no, the Material is regulated. See iteM (a), below.
Piscusslont
The fertilizer is a waste-derived product that exhibits hasardous
waste characteristics. Because it is hasardoua and is placed on the
land, use of the fertiliser is use constituting disposal. Therefore,
the fertiliser is a solid waste. However, because the fertiliser is
sold for use by the general public, it is currently exempt from RCRA
Subtitle C regulation (see 40 CFR Pert 266.20(b)).
Bee Also; Uee Constituting Disposal - Sludge 2
Use Constituting Disposal - Sludge 3
Use Constituting Disposal - Sludge 5
-------
USB CONSTITUTING DISPOSAL - SLUDGE 5
Description ot Activity!
Flu* dusts frOM Metal refining operations (a sludge exhibiting
the characteristic of EP-toxtclty) are reclaimed for their Betala
content. The ratals, which also exhibit EP-toxlcity, are uaed by the
refiner as an ingredient in fertilizer. The fertiliser, which also
exhibits EP-toxicity, is not Marketed to the general public, but la
used by the refiner as a fertilizer on land the refiner owns.
What is the status of the fertilizer?
Questions!
1. Is the Material that is recycled a secondary Material?
(XI yes ( ) no
If yea, go on to question (2).
If no, the Material is not a solid waste.
3. Is the Material hazardous? (A Material is hazardous if it is
listed under 40 CFR 261.30-. 33 or exhibits one ot the
characteristics of a hazardous waste given in 40 CFR 261.30-.24,
and ia not specifically excluded froa the definition of hazardous
waste under 40 CFR 261.4(b).)
3.
4.
5.
(X) yes
I ) no
If yes, go on to question (3).
If no, the Material is not a solid waste.
Is the Material specifically excluded froM the definition of
solid waste under 40 CFR 261.4(a) (see the list in Exhibit 5)7
( )
(X) no
If yes, the Material is not a solid waste.
If no, go on to question (4).
Is the Material Inherently waste-like (see the list in Exhibit 4)?
I 1 Y«« (XJ no
If yes, the Material ia a solid waste. See applicable
regulations, below.
If no, go on to question (S).
Does the activity serve a beneficial use?
(X) y«« ( ) no
If yes, go on to question (6).
If no, the activity is not recycling, and the Material
is a solid waste. Sea applicable regulations,
below.
Is there • feasible Means for recycling the waste?
(XI yes ( ) no
If yes, go on to question (6a).
If no, go on to question (6b).
6a.
Is at least 75 percent of the Material recycled with!:.
one calendar year?
(X) yes
( ) no
6b.
If yes, go on to question (7).
If no, go on to question (6b).
Is the Material a coMMerclal cheMlcal product that
exhibits a hazardous waste characteristic or is listed
as a hazardous waste in 40 CFR 261.33?
C 1 Y««
( 1 no
If yes, go on to question (7).
If no, the practice is speculative accuMula-
tion, and the Material is a solid
waste. See applicable regulations,
below.
Is the Material placed on the ground or used In • product that is
placed on the ground?
(XJ yes
( ) no
7a.
If yes; go on to question (7a).
If no, go on to question (•).
Is the Material a comeroial cheMlcal product that
exhibits a hazardous waste characteristic or is listed
in 40 CFR 261.33 that la produced for application to
the land?
( ) ye«
(X) no
If yes, the Material is not • solid wast*.
If no, the activity results in use constitu-
ting disposal and the Material is a
•olid waste. See applicable.regula-
tions, below.
Is the Material used as a fuel or used to produce • fuel?
( ) yes { ] no
If yes, go on to question (Ba).
If no, go on to question (9).
-------
Ba. la the Material a commercial chemical product that
exhlblta a hazardous waste characteristic or la listed
In 40 CFR 261.33 and that la produced to be burned as
fuel?
lOb. Is the Material
C 1 yes
If yes, the
If no, the
energy
solid
tlons,
t 1 no
material is not a solid waste.
activity results In burning for
recovery, and the material is a
waate. See applicable regula-
below.
01
o
9. IB the material used or reused
( ) as an ingredient In an induatrial process to Make
a new product without Intermediate reclamation
(regeneration or recovery of materials),
( ] as an effective substitute for commercial products
in a particular function or application, or
( ) as a substitute for raw material feedstock in the
primary production process from which it was
generated, without being first reclaimed (a
closed-loop process)?
If any of the above apply, the activity is use or
reuse, and the material is not a solid waate.
If none of the above apply, go on to question (10).
10. Is the material regenerated or are materials with value
recovered from the original material?
I ) yes C 1 no
If yes, the activity is reclamation. Go on to question
(lOa).
If no, please review the definitions of activities in
this manual and reconsider your answers, or
call the RCRA Hotline for assistance.
lOa. Is the material
( | a hazardous waste listed under 40 CFR
261.31 or 261.32 (this provision
excludes commercial chemical products,
which are listed under 40 CFR 261.33),
( ] a spent material exhibiting one of the
characteristics of a hazardous waste
given in 40 CFR 261.20-.24, or
( ) a scrap metal?
If any of the above apply, the material is a
solid waste. See applicable regula-
tions, below.
If none of the above apply, go on to question
(lOb).
[ ) either a sludge or m by-product that
exhibits one of the characteriatice of a
hazardoua waste given in 40 CPR 261.20-
.24, and that is not listed under 40 CPR
261.31-.32, or
I ) • commercial chemical product that exhi-
bits a hazardous waste characteristic or
is listed under 40 CFR 261.33?
If any of the above apply, the material is
not a solid waste.
If none of the above apply, please review the
definitions of activities in this manual
and reconsider your answers, or call the
RCRA Hotline for assistance.
Applicable Regulations!
1. Is the waste exempt from regulation (see the list in Exhibit 6)7
( ] yes
{X) no
If yes, the material is not rsgulsted.
If no, the Material is regulated. See Item (2), below.
2. The generator of the fertilizer (i.e., the refiner) is subject to
requirements under 40 CFR 262. Transporters of the fartilltar
are subject to requirements under 40 CFR 263. The fertiliser
manufacturer who uses the fertiliser on-site or off-site, and
other parties handling the fertilizer prior to application to the
land may be subject to storage facility requirements under 40 CFR
264 and 265 Subparts A through I>. The generator who stores the
fertiliser for no more than 90 days in tanks or containers prior
to .recycling are subject only to the requirements for
accumulation under 40 CFR 262.34. Persons who apply the
fertiliser are subject to all applicable regulations governing
use constituting disposal under 40 CFR 264 and 265 Subparts A
through N. Regulations applicable to recyclable Materials used
in a manner constituting disposal are summarized under 40 CFR 266
Subpart C.
Discussion:
The fertiliser is a waste-derived product that exhibits a
hazardous waate characteristic. Because it is hasardous and placed on
the land, use of the fertiliser is use constituting disposal.
Therefore, the fertiliser la a solid waate. Because it is not sold
for use by the general public, it is subject to RCRA Subtitle C
regulation.
See Alsot Use Constituting Disposal - Sludge 2
Use Constituting Disposal - Sludge 3
Use Constituting Disposal - Sludge 4
-------
USE CONSTITUTING DISPOSAL - SUIDGE 6
Description of Activity;
A sludge containing heavy Mtala «uch as sine, cadmium, copper.
nickel, and lead from a municipal wastawatar treatment plant (a sludge
exhibiting the characteristic of EP-toxlcity) la sold to the public to
be applied to cropland as a fertiliser.
What is the status of the sludge?
Questionsi
1. Is the Material that is recycled a secondary material?
[X) yes I } no
If yes, go on to question (2).
If no, the Material is not • solid waste.
2. Is the Material hazardous? (A Material is hazardous if it is
listed under 40 CFH 261.30-.33 or exhibits one of the
characteristics of a hazardous waste given in 40 CFR
261.20-.24, and is not specifically excluded from the
definition of hazardous waste under 40 CFR 261.4(b).)
3.
4.
5.
(X) yea
I 1 no
If yes, go on to question (3).
If no, the Material is not a solid waste.
Is the Material specifically excluded froM the definition of
solid waste under 40 CFR 261.4(a) (see the list in Exhibit
5)?
( ] yes
(XI no
If yes, the Material is not a solid waste.
If no, go on to question (4).
Is the Material Inherently waste-like (see the list in
Exhibit 4)7
I 1 y««
(XJ no
See applicable
If yes, the Material is a solid waste.
regulations, below.
If no, go on to question (5).
Does the activity serve a beneficial use?
(XJ yes ( J no
If yes, go on to question (6).
If no, the activity is not recycling, and the Material
is a solid waste. See applicable regulations,
below.
Is there • feasible Means for recycling the waste?
(X] yes ( J no
If yes, go on to question (6a).
It no, go on to question (6b).
6a.
Is at least 75 percent of the Material recycled
one calendar year?
within
(XI yes
C 1 no
6b.
If yes, go on to question (7}.
If no, go on to question (6b).
Is the Material s commercial chemical product that
exhibits • hazardous waste characteristic or is listed
as a hazardous waste in 40 CFR 261.33?
( )
( ) no
If yes, go on to question (7) .
If no, the practice is speculative accumula-
tion, end the Material is e solid
waste. See applicable regulations,
below.
Is the Material placed on the ground or used In a
that is placed on the ground?
product
m
I J no
7a.
If yes, go on to question (7s).
If no, go on to question (•).
Is the Material a commercial chemical product that
exhibits a hazardous waste characteristic or la listed
in 40 era 261.33 that is produced for application to
the land?
( )
(X) no
If yes, the Material is not a solid waste.
If no, the activity results in use
constituting disposal and the Material
is a solid waste. See applicable
regulations, below.
Is the Material used as a fuel or used to produce a fuel?
[ ) yes I l no
If yes, go on to question (8a).
If no, go on to question (9).
-------
8a.
Is the material a couarcial chemical product that
•xhlbita • hazardous- waste characteristic or is listed
in 40 CFR 261.33 and that is produced to be burned as
fuel?
I ) y«»
( ) no
cn
N
A
If yes, the material is not a solid waste.
If no, the activity results in burning for
energy recovery, and the material is a
solid waste. See applicable
regulations, below.
9. Is the material used or reused
( ] as an ingredient in an industrial process to make
a new product without intermediate reclamation
(regeneration or recovery of materials),
( ) as an effective substitute for commercial products
in a particular function or application, or
( ) as a substitute for raw material feedstock In the
primary production process from which it was
generated, without being first reclaimed (a
closed-loop process)?
If any of the above apply, the activity is use or
reuse, and the material is not a solid waste.
If hone of the above apply, go on to question (10).
10. Is the material regenerated or are materials with value
recovered from the original material?
I 1 y«« [ ] no
If yes, the activity is reclamation. Go on to question
If no, pleaae review the definitions of activities in
this manual and reconsider your answers, or
call the RCRA Hotline for assistance.
10«. is the material
[ ) a hazardous waste listed under 40 CFR
261.11 or 261.32 (this provision
excludes commercial chemical products,
which are listed under 40 CFR 261.33),
( ] a spent material exhibiting one of the
characteristics of a hazardous waste
given in 40 CFR 261.20-.24, or
( ) a scrap metal?
If any of the above apply, the material is
a solid waste. see applicable
regulations, below.
If none of the above apply, go on to question
lOb. Is the material
( ) either • sludge or a by-product that
exhibits one of the characteristics of a
hazardous waste given in 40 CFR 261.20-
.24, and that is not listed under 40 CFR
36l.3i-.aa, or
( ] • commercial chemical product that
exhibits a hazardous waste
characteristic or is listed under 40 CFR
261.33?
If any of the above apply, the material la
not a solid waste.
If none of the above apply, please review
the definitions of activities in this
manual and reconsider your answers, or
call the RCRA Hotline for assistance.
Applicable Regulations
1.
Is the waste exempt from regulation (see the list in
Exhibit 6)7
IX] yes
( 1 no
If yes, the material is not regulated.
If no, the material is regulated. Bee item (2), below.
Discussion:
Because the sludge is applied to the ground, this activity is
classified as use constituting disposal. Therefore, the sludge is
defined as a solid and hazardous waste. However, the sludge is not
subject to RCRA Subtitle C regulation, since EPA has exempted from
regulation materials sold as commercial fertilisers to the general
public (see 40 CFR Part 266.20(b)).
-------
USB CONSTITUTING DISPOSAL - BY-PRODUCT 1
Description of Activityl
Brass dross skimmings (a by-product exhibiting the characteriatlc
of EP-toxicity) go through • processor which separates the metals from
tha oxides. The oxides (which exhibit EP-toxicity) are than sold to a
fertilizer company that uaaa them as an ingradiant in fertiliser. Th«
fertilizer, which also exhibits EP-toxiclty, is sold to tha general
public. Tha ratals ara sold to a secondary smelter tor racovary of
copper and sine.
What is tha status of tha dross skimmings? ,
Questionsi
1. Is tha Material that is recycled a secondary material?
(X) y«« I 1 no
If yea, go on to question (2).
If no, tha material is not a solid wasta.
2.
5.
Is tha material hazardous? (A material is hazardous if it is
listed under 40 CFR 261.30-.33 or exhibits one of the
characteristics of a hazardous wasta given in 40 CFR 261.20-.24.
and is not specifically excluded from the definition of hazardous
waste under 40 CFR 261.4(b).)
(X) yes ( ) no
If yes, go on to question (3).
If no, the material is not a solid waste.
Is the material specifically excluded from the definition of
solid waste under 40 CFR 261.4(a) (sea the Hat in Exhibit 5)7
[ I yes
[XI no
If yes, tha material is not a solid wasta.
If no, go on to question (4).
Is the material inherently waste-like (sea tha list in Exhibit 4)?
I 1 y« (X) no
If yes, tha material is a solid waste. See applicable
regulations, below.
If no, go on to question (5).
Does the activity serve a beneficial use?
[XJ yes ( 1 no
If yes, go on to question (6).
If no, the activity la not recycling, and the material
is a solid wasta. See applicable regulations,
below.
Is there a feaaibla means for recycling tha wasta?
IX) y«s ( 1 no
If yas, go on to question (6a).
If no, go on to question (6b).
6a. Is at least 75 percent of tha material recycled within
ona calendar year?
IX] y«s
C 1 no
6b.
If yes, go on to question (7).
If no, go on to question (6b).
Is the material a commercial chemical product that
exhibits a hazardous wasta characteristio or is listed
as a hazardous wasta in 40 CFR 261.33?
)
I 1 no
If yes, go on to question (7).
If no, the practice is speculative accumula-
tion, and tha material is a solid
wasta. See applicable regulations,
below.
Is tha material placed on tha ground or used in a product that is
placed on tha ground?
m ye*
I 1 •«>
7a.
If yes, go on to question (7a).
If no, go on to question (8).
Is tha material a commercial chemical product that
exhibits a hazardous wasta characteristic or is listed
in 40 CFR 261.33 that la produced for application to
tha land?
( ] yea [X] no
If yea, the material is not a solid wasta.
If no, the activity results In use constitu-
ting disposal and- tha material Is a
solid wasta. Sea applicable regula-
tions, below.
Is the material used as a fuel or used to produce a fuel?
[ ] yea ( ) no
If yes, go on to question (8a).
If no, go on to question (9).
-------
8a.
!• the material • commercial chemical product that
•xhibltB a hazardous waste characteristic or is listed
in 40 CFR 261.33 and that is produced to be burned as
fuel?
lOb. Is the material
[ J y««
( 1 no
cn
t
If yes. the material is not a solid waste.
If no, the activity results in burning for
energy recovery, and the material is a
solid waste. See applicable regula-
tions, below.
9. Is the material used or reused
I 1 ae an ingredient in an industrial process to make
a new product without intermediate reclamation
(regeneration or recovery of material*),
( ) aa an effective substitute for commercial products
in a particular function or application, or
(| as a substitute for raw material feedstock in the
primary production process from which it was
generated, without being first reclaimed (a
closed-loop process)?
If any of the above apply, the activity is use or
reuse, and the material Is not a solid wast*.
If none of the above apply, go on to queation (10).
10. IB the Material regenerated or are Materials with value
recovered from the original Material?
[ 1 yes | ) no
If yes, the activity is reclamation. Go on to question
If no, please review the definitions of activities in
this manual and reconsider your answers, or
call the RCRA Hotline for assistance.
loa. Is the Material
( ) a hazardous waste listed under 40 CFR
261.31 or 261.32 (this provision
excludes commercial chemical products,
which are listed under 40 CFR 261.33),
( ) a spent material exhibiting one of the
characteristics of a hazardous waste
given in 40 CFR 261.20-.24, or
( ) a scrap metal?
If any of the above apply, the material is a
solid waste. See applicable regula-
tions, below.
If none of the above apply, go on to question
(lOb).
( 1
either a sludge or a by-product that
exhibits one of the characteristics of a
hazardous waste given in 40 CFR 261.20-
.24, and that is not listed under 40 CFR
261.31-.32, or
a commercial chemical product that exhi-
bits a hazardous waste characteristic or
is listed under 40 CFR 261.33?
the Material is
If any of the above apply,
not a solid waste.
If none of the above apply, please review the
definitions of activities in this Manual
and reconsider your answers, or call the
RCRA Hotline for assistance.
Applicable Regulations*
1. Is the waste exempt from regulation (see the list in Exhibit «)?
c
(X) no
2.
If yes, the Material is not regulated.
If no, the Material is regulated. See item (2), below.
The generator of the dross skimmings is subject to requirements
under 40 CFR 262. Transporters of the dross skimmings are sub-
, ject to requirements under 40 CFR 263. Generators recycling the
dross skimmings on-slte, off-site recyclers and other parties
handling the dross skimmings prior to recycling may be subject to
storage facility requirements under 40 CFR 264 and 26S Subparts A
through L. Generators who store the dross skimmings for no more
than 90 days in tanks or containers prior to recycling are
subject only to the requirements for accumulation under 40 CFR
262.34. Residues from recycling the dross skimmings must be
managed as hazardous wastes if they themselves exhibit any
hazardous characteristics.
Discussion!
Separation of the brass dross skimmings into oxides and metala la
a reclamation process. When reclaimed, a characteristic by-product
ordinarily is not defined as a solid waste. However,.the reclamation
step is part of a recycling process that ends with the oxides being
placed on the ground. Because the ultimate use of the oxides will
involve use constituting disposal, the brass dross skimmings are solid
wastes and are subject to RCRA Subtitle C regulation.
See Also; Reclamation - By-Product 1
Use Constituting Disposal - By-Product 2
Use constituting Disposal - By-Product 3
-------
Ut
A
USE CONSTITUTING DISPOSAL - BY-PRODUCT 2
Description of Activity!
Braaa droaa skimmings (a by-produot exhibiting th« characteristic
of EP-toxicity) 90 through a procaaaor which separata* th* Metals fro*
th« oxldea. Tha oxldea (which axhibit EP-toxicity) ara than aold to a
fertilizer company that uses thaa as an ingredient in fertilizer. The
fertilizer, which alao exhibits EP-toxicity, la aold to the general
public. The metals are sold to a secondary smelter for recovery of
copper and zinc.
What la the atatus of the fertilizer?
QuestionsI
1. Is the Material that is recycled a •acondary material?
(X) yes I ) no
If yea, go on to question (2).
It no, the material is not a solid wast*.
2. Is the Material hazardoua? (A Material is hazardous if it is
listed under 40 CFR 261.30-.31 or exhibits on* of the
characteristics of • hazardous waste given in 40 CFR 261.20-.24,
and is not specifically excluded fros th* definition of hazardous
wast* under 40 CFR 261.4(b).)
IX] yes
I ) no
If yes, go on to question (1).
If no. the Material la not a solid vast*.
3. Is th* Material specifically excluded froM th* definition of
solid wast* under 40 CFR 261.4(a) (se* th* list in Exhibit 5)7
I 1 y«»
(XJ no
If yea, the Material is not a solid waste.
If no, go on to queatlon (4).
4. Is the Material Inherently waste-like (see th* list in Exhibit 4)?
( 1 y*> IX] no
If yes, ths Material is a solid wast*. See applicable
regulations, below.
If no, go on to question (5).
S. Does the activity serve a beneficial use?
(X) yes { j no
If yes, go on to question (6).
If no, the activity is not recycling, and the Material
is a solid waste. Sea applicable regulations,
below.
6. Is there a faaaibl* Means for recycling th* wast*?
IX) y*s I ] no
If yes, go on to question (6a).
If no, go on to question (6b).
6a, Is at least 75 percent of th* Material recycled within
on* calendar year?
y*s
[ ) no
If yes, go on to question (7).
If no, go on to question (6b).
6b. Is th* Material a commercial chemical product that
exhibits a hazardoua wast* characteristic or is listed
as a hazardous wast* in 40 CFR 261.33?
[ 1 yes [ ) no
If yes, go on to question (7).
If no, th* practice is speculative accumula-
tion, and the Material is a solid
wast*. Bee applicable regulations,
below.
7. Is th* Material placed on th* ground or used in a product that is
placed on th* ground?
[X] yea
C } no
If yea, go on to queatlon (7a).
If no, go on to question (•).
7a. Is th* Material a commercial clinical product that
exhibits a hazardous wast* characteristic or is listed
in 40 CFR 261.31 that is produced Cor application to
th* land?
t 1
|X) no
If yes, th* Material is not a solid wast*.
If no, th* activity results in us* constitu-
ting disposal and th* Material is a
solid wast*. Se* applicable regula-
tions, below.
8. Is th* Material used as a fuel or used to produce a fuel?
[ ) yes [ ) no
If yes, go on to question (8a).
If no, go on to question (9).
-------
8a.
la the Material a commercial chemical product that
exhibits a hazardous waste characteristic or is listed
in 40 era 261.33 and that is produced to be burned as
(uel?
lOb. Is the Material
{ 1 Y«"
[ )
If yes, the Material is not a solid waste.
If no, the activity results in burning for
energy recovery, and the Material is a
solid waste. See applicable regula-
tions, below.
9. Is the Material used or reused
I 1 as an ingredient in an industrial process to Make
a new product without Intermediate reclamation
(regeneration or recovery of materials),
( ) as an effective substitute for commercial products
In a particular function or application, or
( 1 as a substitute for raw material feedstock in the
primary production process from which it was
generated, without being first reclaimed (a
closed-loop process)?
If any of the above apply, the activity is use or
reuse, and the material is not a solid waste.
If none of the above apply, go on to question (10).
10. Is the Material regenerated or are Materials with value
recovered from the original material?
{ )
( 1 no
If yes, the activity is reclamation. Co on to question
(lOa).
If no, please review the definitions of activities in
this manual and reconsider your answers, or
call the RCRA Hotline for assistance.
lOa. Is the Material
( ] a hazardous waste listed under 40 CFR
261.31 or 261.32 (this provision
excludes commercial chemical products,
which are listed under 40 CFR 261.33),
( ) a spent material exhibiting one of the
characteristics of a hazardous waste
given in 40 CFR 261.20-.24, or
( ) a scrap metal?
If any of the above apply, the material is
a solid waste. See applicable regula-
tions, below.
If none of the above apply, go on to question
(lOb).
( ) either a sludge or a by-product that
exhibits one of the characteristics of a
hazardous waste given in 40 CFR 261.20-
.24, and that is not listed under 40 CFR
261.31-.32. or
I J a commercial chemical product that
exhibits a hazardous waste characteris-
tic or Is listed under 40 era 261.33?
If any of the above apply, the Material Is
not a solid waste.
If none of the above apply, please review
the definitions of activities in this
Manual and reconsider your answers, or
call the RCRA Hotline for assistance.
Applicable Regulationst
1. Is the waste exempt from regulation (see the list In Exhibit 6)7
(X] yes C 1 no
If yes. the Material is not regulated.
If no, the Material is regulated. Bee iteM (2), below.
Discussiont
The fertiliser is • waste-derived product that exhibits a
hazardous waste characteristic. Because it is hazardous and is placed
on the land, use of the fertilizer is defined as use constituting
disposal. Therefore, the fertilizer Is a solid waste. However,
because the fertilizer is sold for use by the general public. It is
exempt from RCRA Subtitle C regulation (see 40 CFR Part 266.20(b)).
See Alsoi Reclamation - By-Product 1
Use Constituting Disposal - By-Product 1
Use Constituting Disposal - By-Product 3
-------
USB CONSTITUTING DISPOSAL - BY-PRODUCT 3
Description of Acttvitvi
Brass dross skimmings (a by-product exhibiting th« characteristic
of KP-toxiolty) go through * processor which separates the »etals from
the oxides. The oxides (which exhibit EP-toxlcity) ere then sold to a
fertilizer company that uses the* ss en Ingredient In fertiliser. The
fertilizer, which also exhibits EP-toxlcity, is sold to the general
public. The Mtals are sold to • secondary smelter for recovery of
copper and (inc.
What is the status of the oxides?
Questions!
1. Is the Material that is recycled a secondary material?
IX) y«» I 1 no
If yes, go on to question (2).
' If no, the Material is not a solid waste.
2.
3.
5.
Is the material hazardoua? (a. material is hazardous if it is
listed under 40 CFR 261.30-.3J or exhibits one of the
characteristics of a hazardous waste given in 40 CFR 261.20-.24,
and is not specifically excluded from the definition of hazardous
waste under 40 CFR 261.4(b).)
[X] yes
I ) no
If yes, go on to question (3).
If no, the material is not a solid waste.
Is the material specifically excluded from the definition of
solid waste under 40 CFR 261.4(a) (see the list in Exhibit 5)?
( )
CXJ no
If yes, the material is not a solid waste.
If no, go on to question (4).
Is the material Inherently waste-like (see the list in Exhibit 4)?
I 1 y»» IXJ »o
If yes, the material Is a solid waste. See applicable
regulations, below.
If no, go on to question (5).
Does the activity serve a beneficial use?
(X) yea ( ) no
If yea, go on to question (6).
If no, the activity IB not recycling, and the material
is a solid waste. See applicable regulations,
below.
Is there a feasible means for recycling the waste?
(X) yes ( ) no
If yes, go on to question (6a).
If no, go on to question (6b).
•a.
Is at least 79 percent of the material recycled within
one calendar year?
IX] yes
I J no
6b.
If yes, go on to question (7).
If no, go on to question (6b).
Is the material a commercial chemical product that
exhibits a hazardous waste characteriatie or is listed
as a hazardous waste In 40 CFR 261.33?
I ) y««
I 1 no
If yes, go on to question (7).
If no, the practice is speculative accumula-
tion, and the material Is a solid
waste. See applicable regulations,
below.
!• the material placed on the ground or used in « product that li
placed on the ground?
IX]
I J no
7a.
If yes, go on to question (7a|.
If no, go on to question (il-
ls the material • commercial chemical product that
exhibits a hazardous waste characteristic or is listed
In 40 CPR 261.33 that is produced for application to
the land?
I i y««
IX] no
If yea, the material is not a solid waste.
If no, the activity results in use constitu-
ting disposal and the material is a
solid waste. See applicable regula-
tions, below.
Is the material used as a fuel or used to produce- a fuel?
I ) yes I ) no
If yes, go on to question (Ba).
If no, go on to question (9).
-------
Ba.
la the Material a commercial chemical product that
exhibit* a hazardous waste characteristic or la Hated
in 40 CFR 261.33 and that ia produced to be burned as
fuel?
lOb. la the Material
( 1 Vo-
( J no
06
A
lt yea, the Material la not a aolid waate.
If no, the activity results in burning for
energy recovery, and the material la a
aolid waate. See applicable regula-
tions, below.
9. Ia the Material used or reused
( ] aa an Ingredient in an induatrlal process to Make
a new product without Intermediate reclamation
(regeneration or recovery of materials),
( ) aa an effective eubstitute for commercial products
in a particular function or application, or
I ] aa a aubatitute for raw Material feedstock in the
primary production process from which it was
generated, without being first reclaimed (a
closed-loop process)?
If any of the above apply, the activity ia use or
reuae, and the Material ia not a solid waate.
If none of the above apply, go on to question (10).
10. Is the Material regenerated or are materlala with value recovered
froM the original Material?
If yea, the activity la reclamation. Go on to question
(lOa).
If no, please review the definitiona of activltiea in '
this Manual and reconalder your answera, or
call the RCRA Hotline for aaalatance.
lOa. la the Material
( ] a hasardoua waste Hated under 40 CFR
261.31 or 261.32 (thia provialon
excludes commercial chemical products,
which are listed under 40 CFR 261.33),
( ) a apent material exhibiting one of the
characteristics of a hazardous waste
given in 40 CFR 261.20-.24, or
( ) a scrap metal?
If any of the above apply, the material is a
solid waste. See applicable regula-
tions, below.
If none of the above apply, go on to question
(lOb).
| ] either a aludge or a by-product that
exhibita one of the characteriatlca of a
hasardoua waate given in 40 CFR 261.20-
.24, and that ia not listed under 40 CFR
261.31-.32, or
( ] • commercial chemical product that exhi-
bita a hasardoua waate characteristic or
ia Hated under 40 CFR 261.33?
If any of the above apply, the Material ia
not • aolid waate.
If none of the above apply, pleaae review the
definitiona of activities in thia Manual
and reconsider your anawera, or call the
RCRA Hotline for assistance.
Applicable Regulationai
1. la the waate exempt from regulation (aee the Hat in Exhibit 6)7
( 1
(XI no
If yea, the Material ia not regulated.
If no, the Material ia regulated. See item (2), below.
2.' The generator of the oxidea (the peraon who aeparatea the oxldea
froM the metala) ia aubject to requlrementa under 40 CFR 262.
Tranaportera of the oxides are subject to requirements under 40
CFR 263. Generatora recycling the oxidea on-aite, off-alte
recyclera and other partlea handling the oxldea prior to
recycling May be aubject to etorage facility requirements under
40 CFR 264 and 265 Bubparta A through L. Generatora who store the
oxides for no More than 90 daya in tanka or contalnera prior to
recycling are aubject only to the requirements for accumulation
under 40 CFR 262.34. The process of incorporating the oxides into
the fertiliser ia not itself regulated. Residues from recycling
the oxidea must be Managed as hasardoua waatea if they
themselves exhibit any hasardoua waate characteriatica.
Discussion;
Separation of the brass dross skimmings into oxldea and Metala la
a reclamation process. When reclaimed, a characteristic by-product
ordinarily la not defined aa a aolid waate. However, the reclamation
step la part of a recycling process that ends with the oxldea being
placed on the ground. Because the ultimate use of the oxldea will
involve use constituting disposal, and the oxides exhibit a hasardoua
waste characteristic, the oxidea are solid wastea and are subject to
RCRA Subtitle C regulation.
See Also; Reclamation - By-Product 1
Use Constituting Disposal - By-Product 1
Use Constituting Dlaposal - By-Product 2
-------
en
o
USB CONSTITUTING DISPOSAL - BV-PRODUCT 4
Description at Activltyt
ABorphous polypropylene residues (by-products exhibiting tha
characteristic of Ignltabillty) go through a processor that extracts
raaiduai aolvanta for any rauae aa degreasers. tha polyBerlc resi-
dues, which do not exhibit hasardoua wiata characteristics, ara
blended with aaphaltic Baterlals to Bake (a Bore crack-resistant)
asphalt for Mala. Tha aaphalt alao doaa not exhibit any hasardoua
wast* charactarlatica.
What ia tha atatua of tha original polypropylana raaiduaa?
Questionsi
1. la tha Baterial that la racyclad a aacondary Batarial?
[X) y«« I I no
If yaa, go on to question (2).
If no. tha Baterial ia not a aolld waata.
2. Ia tha Batarial hasardoua? (A Baterial is hazardous if it is
listad undar 40 CFR 2(1.10-.31 or exhibits ona of tha
charactarlatics of a hazardous waata glvan in 40 CFR
261.20-.24, and ia not specifically excluded froa tha
definition of hazardoua waata undar 40 CFR 261.4(b).)
5.
IX) yas
I ) no
If yas, go on to question (3).
If no, the Baterial la not a solid waste.
Is the Batarial specifically excluded froa the definition of
solid waata under 40 CFR 241.4(a) (see the list in Exhibit
I ) y»« |V) no
If yes, the Baterial is not a solid waate.
If no, go on to question (4).
Is the Batarial inherently waste-like (see the list in
Exhibit 4)7
J
(XI no
If yes, ths Baterial is a solid waste. See applicable
regulationa, below.
If no, go on to question (5).
Does the activity serve a beneficial use?
W yes ( ) no
If yes, go on to question (C).
If no, the activity la not recycling, and tha Baterial
ia a solid waste. See applicable re9ulations,
below.
Is there a feasible) Beans for recycling tha wasta?
IX) yes | ) no
If yes, go on to question (6a).
If no, go on to question (6b).
6a. Is at least 75 percent of the Batarial recycled within
one calendar year?
(X) yes
I I no
6b.
If yes, go on to question (7).
If no, go on to question (6b).
Is- the Batarial a ooBBercial chaalcal product that
exhibits a hazardous waata characteristic or is listed
as a hazardous wasts in 40 CFR 261.13?
( )
[ 1 no
If yes, go on to question (7).
If no, the practice is speculative accumula-
tion, and the Batarial is a solid
wasta. flee applicable regulations,
below.
Is the Batarial placed on the ground or used in a product
that is placed on the ground?
(XI yes
I 1 no
7a.
If yes, go on to question (7a).
If no, go on to question (•).
Is the Baterial a coBBarolal chaalcal product that
exhibits a hazardous waste characteristic or is listed
in 40 CFR 261.31 that is produced for application to
the land?
( 1 y** {*"! no
If yes, the Baterial is not a solid waate.
If no, the activity results in use
constituting disposal and the Baterial
is a solid waate. See applicable
regulations, below.
Is ths Baterial used as a fuel or used to produce a fuel?
| ) yes ( ) no
If yes, go on to question (la).
If no, go on to question (9).
-------
• a.
Is the material a commercial chemical product that
exhibits • hazardous waste characteristic or is listed
in 40 era 3(1.3) and that Is produced to b« burned «•
fuel?
lob. la the Material
( 1 V"
I 1 no
If yes, th* material is not • solid wast*.
If no,• th* activity results In burning for
energy recovery, and the material Is a
solid waate. see applicable
regulations, below.
». Is the material used or reused
I ) as an ingredient in an industrial process to make
a new product without intermediate reclamation
(regeneration or recovery of materials),
| 1 as en *ff*otlv* substitute for commercial product*
In a particular function or application, or
| ) a* • substitute for raw material feedstock in th*
primary production process from which it was
generated, without being flrat reclaimed (a
closed-loop process)?
| | either a sludge or • by-product that
exhibits one of the characteristics of a
hazardous wast* given in 40 CFH 3(1.30-
.34, and that 1* not listed under 40 CFR
3(1.31-.33, or
| ] • commercial chemical product that ex-
hibits a hazardou* wast* character1stlo
or Is listed under 40 CFR 3(1.31?
If any of th* above apply, th* Material Is
not • solid wast*.
If none of the above apply, please review
the definition* of activities In this
Manual and reconsider your answer*, or
. call the RCM Hotline for assistance.
Applicable Regulation*
1.' I* th* waste exempt fro* regulation |aee th* list in Exhibit ()?
I 1 »••
1*1 no
If any of th* above apply.
reuee, and the Material 1* not a solid wast*.
10.
th* activity is us* or
_.._ .... Is not a solid wast*.
If none of th* above apply, go on to question (10).
Is the Materiel regenerated or are Material* with
recovered from the original Material?
3.
value
o
m
( I no
If yes, the activity is reclamation. Co on to question
(lOa).
If no, pleas* review the definitions of activities in
this manual and reconsider your enswers, or
call the RCRA Hotline for assistance.
loa. I* th* material
(X) a hazardou* waate listed under 40 CFR
3(1.31 or 3(1.33 (this provlelon
excludes commercial chemical products,
which are listed under 40 CFR 3(1.33),
( ) a epent materiel exhibiting one of the
characterlatics of a hazardous waste
given in 40 CFR 3(1.30-.34, or
( ) e scrap metal?
If any of the above apply, the material Is
a solid waste. See applicable
regulations, below.
If none of the above apply, go on to question
(lOb).
If yes, th* Material la not regulated.
If no, the Materiel Is regulated. Be* item (3), below.
The generator of. th* sludge* is subject to requirements under 40
CFR 3(3. Transporters of th* sludges are subject to requirements
under 40 CFR 3(3. Generator* recycling the sludges on-site, off-
Bit* reoyclers and other parties handling th* sludge* prior to
recycling may be subject to storage facility requirements under
40 CFR 3(4 and 3(9 Subpart* A through L. Generators who store the
sludges for no More than to day* in tank* or container* prior to
recycling are subject only to th* requirements for accumulation
under 40 CFR 3(3.34. The reclamation process Itself is not
regulated. Any residues derived fro* recycling the sludges must
be managed as hazardous waates.
Discussioni
Because material with value ~ mercury -- is recovered from the
waate, the process is classified as reclamation. Listed by-products
that are reclaimed are solid wastes and are thus subject to RCRA
Subtitle C regulation.
-------
USE CONSTITUTING J>ISr~3AL - NON-HAZARDOUS SECONDARY MATERIAL 1
Description of Activltyi
Sulfurlo acid fro* Metal finishing oparatlona (a spent Mitarlal
exhibiting the charactarlatlc of corrosivity) !• used aa'an Ingradlant
In fertilisers that ara Marketed to tha ganaral public. Tha
fertilizers themselves do not exhibit hazardous waate characteristic*.
What 1> tha atatua of tha fertilizer?
Queatlonat
1. Is tha Material that la recycled a secondary Material?
W y«s I J no
If yaat go on to question (2).
If no, the material la not a aolld waata.
2. la the Material hasardoua? (A Material la hasardoua If It la
Hated under 40 CPR 261.30-.13 or exhlblta one of the
characterlatlca of a hasardoua waata given In 40 CPR 261.20-.24,
and la not •pacifically excluded froa the definition of hazardous
wast* under 40 CPR 261.4(b).)
J
(XI no
If yea, go on to question (3).
If no, the Material la not a aolld watte.
3. la tha Material apaclflcally excluded froM the definition of
aolld waste under 40 CPR 261.4(a) (eae the Hat in Exhibit 5)7
( ]
( ) no
If yea, the Material la not a aolld waate.
If no, go on to question (4).
4. la the Material inherently waata-lika (aaa the Hat in Exhibit 4)7
( 1 y«» ( 1 no
If yea, the Material la a aolld waate. See applicable
regulations, below.
If no, go on to question (S).
5. Does the activity serve a beneficial use?
I ) yea [ ] no
If yea, go on to question (6).
If no, the activity la not recycling, and the Material
la a solid waste, see applicable regulations,
below.
6. !• there a faaelble Meana for recycling tha waate?
I ] yea | J no
If yea, go on to queatlon (6a).
If no, go on to question (6b).
6a. Is at leaat 75 percent of the Material recycled within
one calendar year?
( )
( 1 no
If yea, go on to question (7).
If no, go on to queatlon (6b).
6b. Is the Material a commercial chemical product that
exhibits a hazardous waate characteristic or is listed
as a hazardous waate in 40 CPR 261.33?
t 1 y«*
C J no
If yes, go on to question (7).
If no, the practice is speculative;
accumulation, and the Material is •
solid waste. See applicable
regulations, below.
7. Is the Material placed on the ground or used in a product that is
placed on the ground?
I )
I 1
If yea, go on to question (7a).
If no, go on to question (•).
7a. Is the Material a commercial chemical product that
exhibits a hazardous waate characterletlc or la liated
in 40 CPR 261.33 that 1* produced for application to
the land?
( 1 y«« ( 1 no
If yes, tha material is not a solid waate.
If no, the activity reaulta In use
constituting disposal and the Material
la a aolld waate. See applicable
regulations, below.
8. la the Material used as a fuel or uaed to produce a fuel?
[ ) yea [ ) no
If yes. go on to question (8a).
If no, go on to question (9).
-------
6a.
la the Material a commercial chemical product that
exhibits a hazardous wast* characteristic or is listed
In 40 CFR 261.33 and that i« produced to be burned as
fuel?
lOb. IB the Material
I ) y««
(X) no
If yes, the Material !• not a solid waste.
If no, the activity results in burning for
energy recovery, and the Material is a
solid waste. See applicable
regulations, below.
9. Is the Material used or reused
( ] as an ingredient in an industrial process to Bake
a new product without intermediate reclamation
• (regeneration or recovery of Materials),
{ ] as an effective substitute for commercial products
in a particular function or application, or
[ ] as • substitute for raw Material feedstock in the
primary production process from which it was
generated, without being first reclaimed (a
closed-loop process)?
If any of the above apply, the activity is use or
reuse, and the Material is not a solid waste.
If none of the above apply, go on to question (10).
( ] either a sludge or a by-product that
exhibits one of the. characteristics of a
hazardous waste given in 40 CFR 261.20-
.24, and that is not listed under 40 CPR
261.31-.32, or
( ] • commercial chemical product that ex-
hibits a hazardous waste characteristic
or is listed under 40 CPR 261.33?
If any of the above apply, the material Is
not a solid waste.
If none of the above apply, please review
the definitions of activities in this
manual and reconsider your answers, or
call the RCRA Hotline for assistance.
Applicable Regulations
1. Is the waste exempt from regulation (see the list in Exhibit 6)?
( )
(X) no
2.
ON
10.
Is the material regenerated or are
recovered from the original Material?
Materials with value
I ) y«
( 1 no
If yes, the activity is reclamation. Go on to question
(loa).
If no, please review the definitions of activities in
this manual and reconsider your answers, or
call the RCRA Hotline for assistance.
lOa. Is the material
( ) a hazardous waste listed under 40 CFR
261.31 or 261.32 (excluding commercial
chemicals),
( ) a spent material exhibiting one of the
characteristics of a hazardous waste
given in 40 CFR 261.20-.24, or
( ) a scrap metal?
If
any of the above apply,
a solid waste.
regulations, below.
If none of the above apply, go on to question
the material is
See applicable
If yes, the material is not regulated.
If no, the material is regulated. See item (2), below.
The generator of the distillation residue (i.e. the ethyl alcohol
Manufacturer) is subject to requirements under 40 CFR 262.
Transporters of the distillation residue are subject to require-
ments under 40 CFR 263. Generators recycling the distillation
residue on-site, off-site recyclers and other parties handling
the distillation residue prior to recycling May be subject to
storage facility requirements under 40 CFR 264 and 26S Subparts A
through L. Generators who store the distillation residue for no
more than 90 days In tanks or containers prior to recycling are
subject only to the requirements for accumulation under 40 CFR
262.34. The reclamation process Itself is not regulated.
Hazardous residues from recycling must be managed as hazardous
wastes if they themselves exhibit any hazardous waste
characteristics. Burners of hazardous waste fuel are only sub-
ject to storage and transportation requirements under 40 CFR 2661
the actual burning of these wastes is currently exempt from
regulation.
Discussiont
Hazardous residues from recycling practlcee are considered
secondary materials and potential solid wastes. Hazardous secondary
materials that are burned as a fuel are considered solid wastes and
are subject to RCRA Subtitle C regulation.
See also:
Reclamation - Spent Material 6
-------
ENERGY RECOVERY - SPENT MATERIAL 1
Description ot Activity!
Industrial ethyl alcohol that has been contaMlnated by oils.
perfuMes, or other substances added by a variety of Manufacturing
practices (a spent Material exhibiting the characteristic of Ignlta-
blllty) is returned to the ethyl alcohol Manufacturer, where it is
distilled and regenerated into new industrial ethyl alcohol. The
distillation residue (which also exhibits ignitablllty) is burned as a
fuel.
What is the status of the distillation residue?
Questions;
1. Is the Material that la recycled a secondary Material?
(X) yes [ 1 no
If yes, go on to question (2).
If no, the Material is not a solid waste.
2. Is the Material hazardous? (A Material is hazardous if it la
listed under 40 CFR 261.10-.il or exhibits one of the
characteristics of a hazardous waste given in 40 CFR 261.20-.24.
and is not specifically excluded from the definition of hazardous
waste under 40 CFR 261.4(b).)
(X] yes
( 1 no
If yes, go on to question (3).
If no. the Material is not a solid waste.
1. is the Material specifically excluded froM the definition of
solid waste under 40 CFR 261.4(a) (see the list in Exhibit 5)7
{ ) yes (X] no
If yee, the Material is not a solid wast*.
If no, go on to question (4).
4. is the Material inherently waate-llke (see the list in Exhibit 4)7
I ] yes (XJ no
If yes, the Material is a solid waste. See applicable
regulations, below.
If no, go on to question (5).
5. Does the activity serve a beneficial use?
(X) yes ( ) no
If yes, go on to question (6).
If no, the activity is not recycling, and the Material
is a solid waste. See applicable regulations,
below.
Is there a feasible Means for recycling the waste?
(X) yes I ) no
If yes, go on to question (
-------
8a.
Is the Material a comerolal chemical product that
exhibits a haiardous waste characteristic or Is listed
in 40 CFR 261.33 and that is produced to be burned as
fuel?
I 1 y««
[X] no
If yes, the Material is not a solid waste.
If no, the activity results In burning for
energy recovery, and the Material -is a
solid waste. See applicable
regulations, below.
9. Is the Material used or reused
[ ] as an ingredient in an Industrial process to Make
a new product without Intermediate reclamation
(regeneration or recovery of materials),
I ) as an effective substitute for commercial products
in a particular function or application, or
( ] as a substitute for raw Material feedstock in the
primary production process from which it was
generated, without being first reclaimed (a
closed-loop process)?
If any of the above apply, the activity is use or
reuse, and the material is not a solid waste.
If none of the above apply, go on to question (10).
10.
Is the Material regenerated or are
recovered from the original Material?
Materials with value
_L
( )
If yes,
If no,
the activity is reclamation. Go on to question
(lOa).
please review the definitions of activities in
this Manual and reconsider your answers, or
call the RCRA Hotline for assistance.
lOa. Is the material
( ) a hazardous waste listed under 40 CFR
261.31 or 261.32 (this provision
excludes commercial chemical products,
which are listed under 40 CFR 261.33),
( ) a spent material exhibiting one of the
characteristics of a hazardous waste
given in 40 CFR 261.20-.24, or
( ) a scrap metal?
If any of the above apply, the material is
a solid waste. See applicable
regulations, below.
If none of the above apply, go on to question
(lOb).
lOb. Is the Material
[ ) either a sludge or a by-product that
exhibits one of the characteristics of a
hazardous waste given in 40 CFR 261.20-
.24, and that is not listed under 40 CFR
261.31-.32, or
( ) a commercial chemical product that ex-
hibits a hazardous waste characteristic
or is listed under 40 CFR 261.33?
If any of the above apply, the material is
not a solid waste.
If none, of the above apply, please review
the definitions of activities in this
Manual and reconsider your answers, or
call the RCRA Hotline for assistance.
Applicable Regulations
1. Is the waste exempt from regulation (see the list in Exhibit 6)?
( ) y«« (X) no
If yes, the Material is not regulated.
If no, the Material is regulated. See item (2), below.
2. The generator of the spent solvents is subject to requirements
under 40 CFR 262. Transporters of the spent solvents are subject
to requirements under 40 CFR 263. Generators recycling the spent
solvents on-slte, off-site recyclers and other parties handling
the spent solvents prior to recycling may be subject to storage
facility requirements under 40 CFR 264 and 265 Subparta A through
L. Generators who store the spsnt solvents for no more than 90
days In tanks or containers prior to recycling are subject only
to the requirements for accumulation under 40 CFR 262.34. Burners
of hazardous wastes are only subject to the storege and
transportation requirements under 40 CFR 266| the actual burning
of these wastes is currently exempt from regulation.
Discussioni
Both listed and characteristic hazardous wastes that ars burned
as fuels are solid wastes and thus are subject to RCRA Subtitle C
regulation.
-------
ENERGY RECOVERY - SPENT MATERIAL 2
Description of Activity;
Hasardoue apant aolvanta from tha organic ch«»loala manufacturing
industries (producing baalc organic chemicals, organic intermediates,
plaaticisera, ate.) are burnad aa fuel* in an industrial boiler.
What la tha atatua of tha >pant aolvanta?
Questions!.
1. la tha Batarlal that ia racyclad a aacondary material?
W y«« C ) no
•If yae, go on to quaation (2).
If no, tha Material ia not a aolid waate.
2. la tha material hasardoua? (A material ia hasardoua If it ia
liatad undar 40 CFR 261.30-. 33 or -exhlblta ona of tha
charactarlatica of a hasardoua waata givan in 40 CFR 2Cl.20-.24i
and la not apaoiflcally excluded fro* tha definition of haiardoua
waata undar 40 CFR 261.4(b).)
[X] yaa
( 1 no
If yaa, go on to quaation (3).
If no, tha material la not a solid waata.
3. Ia tha Batarlal apaclfically axcludad from tha dafinitlon of
•olid waata undar 40 CFR 261.4(a) (*aa tha liat in Exhibit 5)7
I 1 y««
(X] no
If yaa, tha aatarlal la not a aolid waata.
If no, go on to quaation (4).
4. la tha Batarlal inherently waate-lUe (aaa tha Hat In Exhibit 4)7
( 1 y«« (X] no
If yaa, tha Batarlal ia a aolid waata. See applicable
. regulations, below.
If no, go on to quaation (5).
5. Ooea the activity serve a beneficial use?
CX) yaa { j no
If yea, go on to quaation (6).
If no, tha activity la not recycling, and tha material
is a solid waste. See applicable regulations,
below.
6. Is there a feasible Beans for recycling the waste?
(X) ye* [ ] no
If yea, go on to quaatlon (6a).
If no, go on to quaation (6b).
6a. la at laaat 75 percent of the material recycled within
one calendar year?
(X) yea
C 1 no
If yea, go on to question (7).
If no, go on to quaation (6b).
fib. la tha Material a commercial chemical product that
exhiblta a hazardoua waata characteristic or ia Hated
aa a hazardoua waate in 40 CFR 261.33?
( 1 Y««
( 1 no
If yea, go on to question (7).
If no, the practice ia apeculative
accumulation, and tha material la a
•olid waate. Bee applicable
regulations, below.
7. I* the material placed on the ground or uaed in a product that la
placed on the ground?
I )
W
If yea, go on to queatlon (7a).
If no, go on to question (•).
7a. Ia the material a commercial chemical product that
exhibit* a hasardoua waate characteristic or is liatad
in 40 CFR 261.33 that la produced for application to
the land?
( 1 Y««
[ ) no
If yea, the material la not a aolid waata.
If no, the activity reaulta in uae
constituting disposal and the material
ia a solid waate. See applicable
regulatlona, below.
a; la -the material uaed aa a fuel or uaed to produce a fuel?
(XI yea C I no
If yea, go on to queatlon (aa).
If no, go on to queatlon (9).
-------
Ba.
I. the Material a commercial chemical product that
exhibit, a hazardous waste characteristic or is ""ted
in 40 CFR 261.33 and that is produced to be burned as
fuel?
( 1 yes
IX] no
If yes, the Material is not a solid
If no, the activity results in burning for
energy recovery, and the Material Is a
solid waste. See applicable regula-
tions, below.
9. Is the Material used or reused
( 1
( 1
If
as an ingredient in an industrial process to Make
a new product without intermediate reclamation
(regeneration or recovery of Materials),
as an effective substitute for commercial products
In a particular function or application, or
as a substitute for raw Material feedstock in the
primary production process from which it was
generated, without being first reclaimed (a
closed-loop process)?
the activity is use or
10.
any of the above apply, the activity Is use or
reuse, and the material is not a solid waste.
If none of the above apply, go on to question (10).
Is the material regenerated or are Materials with value
recovered from the original material?
( ) yes ( I no
If yes, the activity is reclamation. Go on to question
If no, please review the definitions of activities in
this manual and reconsider your answers, or
call the RCRA Hotline for assistance.
10a. Is the material
l 1 a hazardous waste listed under 40 CFR
261.31 or 261.32 (this provision
excludes commercial chemical products,
which are listed under 40 CFR 261.33),
[ ] a spent material exhibiting one of the
characteristics of a hazardous waste
given In 40 CFR 261.20-.24, or
( ) a scrap metal?
If any of the above apply, the material is a
solid waste. See applicable regula-
tions, below.
If none of the above apply, go on to question
(lOb).
lOb. Is the material
( ] either • sludge or a by-product that
exhibits one of the characteristics of a
hazardous waste given in 40 CFR 261.20-
.24, and that Is not listed under 40 CFR
261.31-.32, or
( ) a commercial chemical product that exhi-
bits a hazardous waste characteristic or
is listed under 40 CFR 261.33?
If any of the above apply, the material is
not a solid waste.
If none of the above apply, please review the
definitions of activities in this manual
and reconsider your answers, or call the
RCRA Hotline for assistance.
Applicable Regulations!
1.
Is the waste exempt from regulation (see the list
Exhibit 6)?
In
I 1 y««
CXI no
2.
If yes, the Material is not regulated.
If no, the Materiel Is regulated. See item (2), below.
The generator of the spent solvents is subject to requirements
under 40 CFR 262. Transporters of the spent solvents are subject
to requirements under 40 CFR 263. Generators recycling the spent
solvents on-slte, off-site recyolers and other parties handling
the spent solvents prior to recycling may be subject to storage
facility requirements under 40 CFR 264 and 265 Subparts A through
L. Generators who store the solvents for no more than 90 days in
tanks or containers prior to recycling are subject only to the
requirements for accumulation under 40 CFR 262.34. The process of
mixing the spent solvents to produce the fuel Is exempt from
regulation.
DiscuBsioni
Characteristic spent Materials that are burned as fuels or used
to produce a fuel are solid wastes and are subject to RCRA Subtitle C
regulation.
See Also:
Energy Recovery - By-Product 3
Energy Recovery - Mixed Material 1
-------
ENERGY RECOVERY - SPENT MATERIAL 3
Description of Activity* •>
Non-haloganatad spent solvents (heavy alcohols, katones and
hydrocarbon*, spent Materials exhibiting the characteristic of
Ignitability) and heavy residuals (by-products exhibiting th«
characteristic of EP-toxiclty) from a chealcal Manufacturing plant are
physically Mixed into a product that is sold as Marine fuel. The fuel
exhibits the characteristic of Ignitability.
What is the status of the spent solvents?
Questions8
1. Is the Material that is recycled a secondary Material?
(X) y«« I 1 no
If yes, 90 on to question (2).
If no, the Material is not a solid waste.
2. Is the Materiel hasardous? (A Material is hazardous if it is
listed under 40 CFR 261.30-.33 or exhibits one of the
characteristics of a hasardous waste given in 40 CFR
261.20-. 24, and is not specifically excluded from the
definition of haxardous waste under 40 CFR 261.4(b).|
5.
[X] yes
( ] no
If yes, go on to question (3).
If no, the Material is not a solid waste.
Is the Material specifically excluded froM the definition of
solid waste under 40 CFR 261.4(a) (see the list in Exhibit
5)?
( 1 Y««
(X] no
If yes, the Material is not a solid waste.
If no, go on to question (4).
Is the Material Inherently waste-like (see the list in
Exhibit 4)7
( 1 YSS
IX) no
See applicable
If yes, the Material is a solid waste.
regulations, below.
If no, go on to question (5).
Does the activity serve a beneficial use?
IX) yes | J no
If yes, go on to question (6).
If no, the activity is not recycling, and the Material
is a solid waste. See applicable regulations,
below.
Is there a feasible Means for recycling the waste?
(X) yes t 1 no
If yes, go on to question (6a).
If no, go on to question (6b).
6a.
Is at least 75 percent of the Materiel recycled within
one calendar year?
IX) yes
I J no
If yes, go on to question (7).
If no, go on to question (6b).
Is the Material a coMMerclal chemical product that
exhibits a hazardous waete characteristic or is listed
as a hazardous waste in 40 CFR 261.33?
( )
[ 1 no
If yes, go on to question (7).
If no, the practice is speculative acciwula-
tion, and the Material is a solid
waste. See applicable regulations,
below.
Is the Material placed on the ground or used in a
that Is placed on the ground?
product
( I y««
IX} no
7a.
If yes, go on to question (7a).
If no, go on to question (•).
Is the Material a coMMercial cheMlcal product that
exhibits a hasardous waste characteristic or is listed
in 40 CFR 261.33 that is produced for application to
the land?
( ) yes
( ) no
If yes, the Material is not a solid waste.
If no, the activity results in use constitu-
ting disposal and the Material is •
solid waste. See applicable regula-
tions, below.
Is the Material used as a fuel or used to produce a fuel?
(X] yes t ) no
If yes, go on to question (Ba).
If no, go on to question (9).
-------
8a.
!• the Material a commercial chemical product that
•xhlblta a hazardous waste characteristic or Is listed
In 40 CFR 261.33 and that Is produced to be burned as
fuel?
C
IX) no
If yes, the Material is not a solid waste.
If no, the activity results In burning for
energy recovery, and the Material is a
solid waste. See applicable
regulations, below.
9. Is the Material used or reused
I ) as an ingredient in an Industrial process to Make
• new product without intermediate reclamation
(regeneration or recovery of Materials) ,
( ] as an effective substitute for commercial products
in a particular function or application, or
[ ) as a substitute for raw Material feedstock in the
primary production process from which It was
generated, without being first reclaimed (a
closed-loop process)?
If any of the above apply, the activity is use or
reuse, and the Material is not a solid waste.
If none of the above apply, go on to question (10).
10.
Is the Material regenerated or are
recovered from the original Material?
Materials with value
( ) y««
If yes,
If no,
( ) no
the activity is reclamation. Co on to question
(lOa).
please review the definitions of activities in
this Manual and reconsider your answers, or
call the RCRA Hotline for assistance.
loa. Is the Material
( ] a hazardous waste listed under 40 CFR
261.31 or 261.32 (this provision
excludes commercial chemical products,
which are listed under 40 CFR 261.33),
( ) a spent Material exhibiting one of the
characteristics of a hazardous waste
given in 40 CFR 261.20-.24, or
[ ] a scrap Metal?
If any of the above apply, the Material is
a solid waste. See applicable
regulations, below.
If none of the above apply, go on to question
(lOb).
lOb. Is the Material
( ) either a sludge or a by-product that
exhibits one of the characteristics of a
hazardous waste given in 40 CPR 261.20-
.24, and that la not listed under 40 CFR
261.31-.32, or
( ] • commercial chemical product that ex-
hibits a hazardous waste characteristic
or is listed under 40 CPR 261.33?
If any of the above apply, the Material is
not a solid waste.
If none of the above apply, please review
the definitions of activities in this
Manual and reconsider your answers, or
call the RCRA Hotline for assistance.
Applicable Regulations
1. Is the waste exempt from regulation (see the list in Exhibit 6)7
2.
I 1 y«»
[X] no
If yes, the Material is not regulated.
If no, the Material is regulated. See item (2), below.
The generator of the decanter tank tar sludge is subject to
•requirements under 40 CFR 262. Transporters of the decanter
sludge are subject to requirements under 40 CFR 263. Generators
recycling the decanter sludge on-site, off-site recyclers and
other parties handling the decanter sludge prior to recycling may
be subject to storage facility requirements under 40 CFR 264 and
265 Subparts A through L. Cenerators who store the decanter
sludge for no More than 90 days in tanks or containers prior to
recycling are subject only to the requirements for accumulation
under 40 CPR 262.34. Any residues from recycling the sludge must
be Managed as hazardous wastes.
Discuss ion I
The decanter tank tar sludge is directly reused as a feedstock in
the coking process, but the coke that is produced Is burned as a fuel.
Although coke is used as both a fuel and a feedstock in blast
furnaces, the energy recovery function takes precedence. Because the
ultimate activity is burning for energy recovery, the decanter tank
tar sludges are solid wastes, and are subject to RCRA Subtitle C
regulation.
See Also; Energy Recovery - By-Product 2
-------
ENERGV RECOVERY - BY-PRODUCT 1
Description of Activity;
Decanter tank tar sludge from raking processes (• by-product
listed under EPA Hazardous Haste No. K087) la substituted (or a raw
Material — coal — in coke ovene, whara it is convartad into coka.
The coka than la used In blaat furnaces «a a fuel and aa an ingredient
(providing carbon) in tha production of ataal.
What la tha atatua of tha dacantar tank tar sludge?
Questionsi
1. la tha Material that la racyclad a aacondary Material?
IX) yaa ( ] no
If yaa, go on to quaatlon (2).
If no, tha Material la not a solid waata.
2. la tha Material hasardoue? (A Mtarlal la haxardoua if it la
Hated undar 40 CFR 261.30-. 33 or exhibits ona of the
charactarlatlca of a haxardoua waata glvan in 40 CPR 261.20-.24.
and la not specifically excluded froa tha definition of hasardoua
waata under 40 CFR 261.4
-------
8a.
la the Material • commercial chemical product that
exhibits a hazardous wast* characteristic or is listed
In 40 CFR 261.33 and that !• produced to be burned a>
fuel?
lOb. IB the Material
I 1 V"
[X) no
9.
If yes, the material IB not a solid waste.
If no, the activity results In burning for
energy recovery, and the Material is a
solid waste. See applicable
regulations, below.
the Material used or reused
( ) SB an Ingredient In an Industrial process to Make
a new product without intermediate reclamation
(regeneration or recovery of Materials),
( ) as an effective substitute for coMMercial products
in a particular function or application, or
( ) as a substitute for raw Material feedstock in the
primary production process from which it was
generated, without being first reclaimed (a
closed-loop process)?
If any of the above apply, the activity is use or
reuse, and the Material is not a solid waste.
If none of the above apply, go on to question (10).
10.
Q
Is the material regenerated or are
recovered from the original material?
materials with value
{ ) y*»
( ) no
If yes, the activity is reclamation. Go on to question
(loa).
If no, please review the definitions of activities in
this manual and reconsider your answers, or
call the RCRA Hotline for assistance.
lOa. is the material
C 1
( ) either a sludge or a by-product that
exhibits one of the characteristics of a
hazardous waste given in 40 CFR 261.20-
.24, and that is not listed under 40 CFR
261.31-.32, or
[ ) • commercial chemical product that ex-
hibits a hazardous waste character1stla
or is listed under 40 CFR 261.33?
If any of the above apply, the material Is
not a solid waste.
If none of the above apply, please review
the definitions of activities in this
manual and reconsider your answers, or
call the RCRA Hotline for assistance.
Applicable Regulations
1. Is the waste exempt from regulation (see the list in Exhibit 6)7
• IX) yes [ ) no
If yes, the Material is not regulated.
If no, the Material is regulated. See item (2), below.
Discussions
The coke is derived from a listed by-product and is an
intermediate material in a recycling process that ends with burning
for energy recovery (although coke is used as both a fual and a
feedstock in blast furnaces, the energy recovery function takes
precedence). Therefore, the coke is a solid waste. However, waste-
derived coke from the iron and steel industry that contains hazardous
waste from the iron and steel production process currently is sxempt
from RCRA Subtitle C regulation (see 40 CFR 261.6(a)(3)(vii).
See alsoi
Energy Recovery - By Product 1
( )
( )
If
a hazardous waste listed under 40 CFR
261.31 or 261.32 (excluding commercial
chemicals),
a spent material exhibiting one of the
characteristics of a hazardous waste
given in 40 CFR 261.20-.24, or
a scrap metal?
the material Is
See applicable
any of the above apply
a solid waste.
regulations, below.
If none of the above apply, go on to question
(lOb).
-------
ENERGY RECOVER* - BV-PRODUCT 2
Description of Activity!
Decanter tank tar. aludga -from coking proceaaea (a by-product
Hated under EPA Hacardoua Haste No. K087) la aubatltutad for a raw
Material ~ coal — in coka ovana, whara it la convartad into coka.
Tha coka than la uaad in blaat furnacaa aa a fuel and aa an ingradlant
(providing carbon) in tha production of ataal.
What ia tha atatua of tha coka?
Questions;
1. la tha Material that la racyolad a aacondary Material?
•1*1 y«« ( ] no
If yaa, go on to question (2).
If no, tha Material la not a aolld waata.
2. IB tha Material hasardoua? (A aatarlal la hazardous If it la
liatad undar 40 CPR 261.30-.33 or exhibits ona of tha
charactarlatica of a hasardoua waata givan In 40 cm 261.20-.24,
and la not •paolflcally excluded froa tha definition of hazardous
waata undar 40 CFR 261.4(b).)
[XJ yaa
( ) no
If yea, go on to question {3}.
If no, tha Material ia not a aolld waata.
3. Is tha Material apaclfically axoludad fro« tha definition of
solid waata undar 40 cm 261.4(a) (sea tha list in Exhibit S)?
( ) yaa
[X] no
If yaa, tha Mtarial la not a aolld waate.
If no, go on to question (4).
4. la tha Material inherently waste-like (aaa tha list in Exhibit 4)'?
( ] Y«» [XJ no
If yaa, tha Material la a aolld waata. Sea applicable
regulations, below.
If no, go on to question (5).
5. Does tha activity serve a benaficlal use?
[X) yea ( ) no
If yea, go on to question (6).
If no, the activity is not recycling, and tha Material
ia a solid waste. See applicable regulations,
below.
Ia there a faaalbla Means for recycling tha waste?
(X) yaa | ) no
If yaa, go on to question (6a).
If no, go on to question (6b).
6a. Is at least 75 percent of tha Material recycled within
one calendar year?
IX) yes
C ) no
If yes, go on to question (7).
If no, go on to question (6b).
6b. Is tha Material a couerclal cheMioal product that
exhibits a hasardous waate charactarlatlo or is Hated
aa a hasardoua waste in 40 era 261.11?
I 1 yes
I 1 no
If yes, go on to queatlon (7).
If no, tha practice is speculative
accuMUlatlon, and the Material is a
solid vasts. See applicable
regulations, below.
la the Material placed on the ground or used In a product tnat is
placed on tha ground?
( )
(XI no
If yes, go on to question (7a).
If no, go on to question (•).
7a. Is the Material • couarcial cheMical product that
exhibit* a hasardoua wast* characteristic or is listed
in 40 era 261.11 that is produced (or application to
the land?
( 1 yes
C ) no
If yes, the Material is not a solid waata.
If no, the activity raaults in us*
constituting disposal and tha Material
is a solid waata, • Saa applicable
regulations, below.
Is the Material used aa a fuel or used to produce a fuel?
[XJ yea [ ] no
If yes, go on to question (la).
If no, go on to question (9).
-------
Ba.
Is the material • commercial chemical product that
exhibits a hazardous vast* characteristic or IB listed
In 40 CPR 261.33 and that la produced to be burned as
fuel?
lOb. Is the material
I ) y««
[X] no
Is
If yes, the Material la not a aolld waste.
If no, the activity results in burning for
energy recovery, and the Material is a
solid waste. See applicable regula-
tions, below.
the Material used or reused
| ) as an ingredient in an industrial process to Make
a new product without Intermediate reclamation
(regeneration or recovery of Materials),
C 1 as an effective substitute for commercial products
in a particular function or application, or
[ ) as a substitute for raw Material feedstock in the
primary production process from which it was
generated, without being first reclaimed (a
closed-loop process)?
If any of the above apply, the activity is use or
reuse, and the Material is not a solid waste.
If none of the above apply, go on to question (10).
[ ) either a sludge or a by-product that
exhibits one of the characteristics of a
hazardous waste given in 40 CFR 261.20-
.24, and that is not listed under 40 CFR
261.31-.32, or
( ] a commercial chemical product that exhi-
bits a hazardous waste characteristic or
is listed under 40 CFR 261.33?
If any of the above apply, the Material is
not a solid waste.
If none of the above apply, please review the
definitions of activities In this Manual
and reconsider your answers, or call the
RCRA Hotline for assistance.
Applicable Regulationsi
1. Is the waste exempt
Exhibit 6)7
( 1 y»»
froM regulation (see the list in
(X) no
10.
Is the Material regenerated or are Materials
recovered from the original Material?
with value
C 1 y« [ j no
If yes, the activity la reclamation. Co on to question
If no, please review the definitions of activities in
this Manual and reconsider your answers, or
call the RCRA Hotline for assistance.
lOa. is ths Material
( ) a hazardous waste listed under 40 CFR
261.31 or 261.32 (this provision
excludes commercial chemical products,
which are listed under 40 CFR 261.33),
( ) a spent material exhibiting one of the
characterletlcs of a hazardous waste
given in 40 CFR 261.20-.24, or
( ) a scrap metal?
If any of the above apply, the material is a
solid waste. See applicable regula-
tions, below.
If none of the above apply, go on to question
(lOb).
If yes, the Material is not regulated.
If no, the Material Is regulated. See item (2), below.
2. The generator of the heavy residuals Is subject to requirements
under 40 CFR 262. Transporters of the residuals sre subject to
requirements under 40 CFR 263. Generators recycling the
residuals on-site, off-site recvolers and other parties handling
the residuals prior to recycling may be subject to storage
facility requirements under 40 CFR 264 and 265 Subparts A through
L. Generators who store the residuals for no More than 90 days
in tanks or contalnsrs prior to recycling are subject only to the
requirements for accumulation under 40 CFR 262.34. The process of
Mixing the heavy residuals to produce the fuel la exempt from
regulation.
Discussion!
Characteristic by-products that are burned as fuels or used to
produce a fuel are solid wastes and are subject to RCRA Subtitle C
regulation.
See Alsot Energy Recovery - Spent Material 3
Energy Recovery - Mixed Material 1
-------
ENERGY RECOVERY - BY-PRODUCT 3
Description of Activltyi
Non-haloganatad spent solvents (heavy alcohols, katones and
hydrocarbons. apant Mtariala exhibiting tha characteristic of
ignltability) and haavy rasiduals (by-products exhibiting tha charac-
teristic of EP-toxiclty) froM a chaaical Manufacturing plant are
physically Mixed into a product that is sold as Marine fuel. The fuel
exhibits the characteristic of ignltability.
What is the status of the heavy residuals?
Questionst
1. Is the Material that is recycled a secondary material?
[X] yes ( ) no
If yes, go on to question (2).
If no, the Material is not a solid waste.
2. Is the Material haiardous? (A Material is hasardous if it is
listed under 40 CFR 261.30-.33 or exhibits one of the
characteristics of a hazardous waste given in 40 CPR
261.20-.24, and la not specifically excluded froM the
definition of haiardoua waata under 40 CFR 261.4(b).)
(X) yes
C J no
If yes, go-on to question (3).
If no, the Material ia not a solid waste.
3. Is the Material specifically excluded froM the definition of
solid waste under 40 CFR 261.4(a) (see the list in Exhibit
5)?
( ] yas
1*1 no
If yea, the Material is not a solid waste.
If no, go on to question (4).
4. Is the Material inherently waata-llke (see the list in
Exhibit 4)?
( )
[X) no
If yes, the Material is a solid waste. See applicable
regulations, below.
If no, go on to queation (5).
S. Does the activity serve a beneficial use?
[X] yes { ] no
If yes, go on to queation (6).
If no, the activity is not recycling, and the Material
is a solid waste. See applicable regulations,
below.
6. Is there a feasible Means for recycling the waste?
[X] yes I J no
If yes, go on to question (6a).
If no, go on to question (6b).
6a. Is at least 79 percent of the Material recycled within
one calendar year?
(X) yes
I 1 no
If yes, go on to question (7).
If no, go on to question (6b).
•6b. Is the Material a couarclal oheMioal product that
exhibits a hasardous waste characteristic or is listed
•s a hazardous waste in 40 CFR 261.33?
I J yes I J no
If yes, go on to question (7).
If no, the practice is speculative accumula-
tion, and the Material is a solid
waste. See applicable regulations,
below.
7. Is the Material placed on the ground or used in • product
that is placed on the ground?
[ ] y«»
{X) no
If yes, go on to question (7a).
If no, go on to queation (•).
7a. Is the Material a coBMerolal cheMical product that
exhibits a hasardous waste characteristic or is listed
in 40 CFR 261.33 that is produced for application to
the land?
C 1
( 1 no
If yes, the Material Is not s solid waste.
If no, the activity reeults in use constitu-
ting disposal and the Material is a
solid waste. See applicable regula-
tions, below.
a. Is the Material used as a fuel or used to produce's fuel?
(X) yes ( ) no
If yes, go on to question (aa).
If no, go on to question (9).
-------
Sa.
Is th« material a commercial chemical product that
•xhlblts a hazardous wast* characteristic or !• listed
In 40 era 261.33 and that la produced to be burned as
fuel?
I I y*»
IX) no
-O
Jl
If yes. the material is not a solid Wast*.
If no, the activity results in burning for
energy recovery, and the material is a
solid waste. See applicable
regulations, below.
9. Is the material uaed or reused
I ] as an Ingredient in an industrial process to make
a new product without intermediate reclamation
(regeneration or recovery of materials),
( ] as an effective substitute for commercial products
in a particular function or application, or
( ) as a substitute for raw material feedstock In the
primary production process from which it was
generated, without being first reclaimed (a
closed-loop process)?
If any of the above apply, the activity la use or
reuse, and the material is not a solid waste.
If none of the above apply, go on to question (10).
10. Is the material regenerated or are materials with value
recovered from the original material?
I ) y«"
C 1 •»<>
If yes, the activity is reclamation. Go on to question
(lOa).
If no, pleas* review the definitions of activities in
this manual and reconsider your answers, or
call the RCRA Hotline for assistance.
lOa. Is ths material
( ) a hazardous waste listed under 40 CFR
261.31 or 261.32 (this provision
excludes commercial chemical products,
which are listed under 40 CFR 261.33),
( ] a spent material exhibiting one of the
characteristics of a hazardous waste
given in 40 CFR 261.20-.24, or
( ) a scrap metal?
If any of the above apply,
a solid waste.
regulations, below.
If none of the above apply,
(lOb).
the material is
See applicable
go on to question
lOb. is the material
( ) either a sludge or a by-product that
exhibits one of the characteristics of a
hazardous waste given in 40 CFR 261.20-
.24, and that is not listed under 40 CFR
261.31-.32, or
( ] a commercial chemical product that
exhibits a hazardous waste
characteristic or la listed under 40 CFR
261.33?
If any of the above apply, the material la
not a eolld wast*.
If non* of the above apply, picas* review
the definitions of activities in this
manual and reconsider your answers, or
call the RCRA Hotline for assistance.
Applicable Regulations
1. Is the wast* exempt from regulation (see the list In
Exhibit 6)?
y**
IXJ no
If yes, the meterial is not regulated.
If no, the material is regulated. Be* item (2), below.
The generator of the decanter tank tar aludg* is subject to
requirements under 40 CFR 262. Transporters of the decanter
sludge are subject to requirements under 40 CFR 263. Generators
recycling the decanter sludge on-elte, off-site reoyclers and
other parties handling the decanter sludge prior to recycling may
be subjsct to storage facility requirements under 40 CFR 264 and
265 Subparts A through L. Generators who store the decanter
sludge for no more than 90 days in tanks or containers prior to
recycling are subject only to the requirements for accumulation
under 40 CFR 262.34. Burners of the decanter sludg* are only
subject to storage and transportation requirements under 40 CFR
266i the actual burning of these wastes is currently exempt from
regulation.
Discussion;
Listed by-products that are burned for energy recovery are solid
wastes and are subject to RCRA Subtitle C regulation.
-------
ENERGY RECOVERY - BY-PRODUCT 4
Description of Activity!
Decanter tank tar sludge froM coking operations (a by-product
listed under EPA Haiardous Mast* No. K087) is burned as a fuel.
What is the status of the decanter tank tar sludge?
Questions!
1. Is the Material that is recycled a secondary Material?
IX) yes ( I no
If yes, go on to question (2).
If no, the Material is not a solid wast*.
2.
5.
Is the Material hazardous? (A Material Is haiardous If It Is
listed under 40 CPR 261.30-.33 or exhibits one of the
characteristics of a hacardous waste given In 40 CFR
261.20-.24; and is not specifically excluded froM the
definition of hazardous waste under 40 CFR 261.4(b).)
(X) yes
I ) no
If yes, go on to question (3).
If no, the Material is not a solid wast*.
Is the Material specifically excluded fro* the definition of
solid waste under 40 CFR 261.4(a) (see the list in Exhibit
5)?
I 1 Y«
(X) no
If yes, the Material is not a solid waste.
If no, go on to question (4).
Is the Material Inherently waste-like (see the list in
Exhibit 4)?
c i y««
IX) no
See applicable
If yes, the Material Is a solid waste.
regulations, below.
If no, go on to question (5).
Does the activity serve a beneficial use?
(X) yes ( ) no
If yes, go on to question (6).
If no, the activity is not recycling, and the Material
is a solid waste. See applicable regulations,
below.
Is there a feasible Means for recycling the waste?
(X) yes [ ) no
If yes, go on to question (6a).
If no, go on to question (6b).
6a.
Is at least 75 percent of the Material recycled within
one calendar year?
IX) yes
( 1
6b.
If yes, go on to question (7).
If no, go on to question (6b).
Is the Material a coMMsrcial chaMlcal product that
exhibits a hazardous waste characteristic or is listed
as a hazardous waste in 40 CFR 261.33?
( I
I 1 no
If yes, go on to question (7).
If no, the practice is speculative accumula-
tion, and the Material is a solid
waste. See applicable regulations,
below.
Zs the Material placed on the ground or used in * product
that Is placed on the ground?
( )
(X) no
7a.
If yes, go on to question (7a).
If no, go on to question (•).
Is the Material • commercial chemical product that
exhibits a hazardous waste characteristic or is listed
in 40 CFR 261.33 that is produced for application to
the land?
( ) yes t I no
If yes, the material is not a solid waste.
If no, the activity results in use
constituting disposal and the Material
is a solid waste. See applicable
regulations, below.
Is the Material used as a fuel or used to produce a fuel?
IX) yes f ) no
If yes, go on to question (8a).
If no, go on to question (9).
-------
8a.
Is the Material • comarclal chemical product that
exhibits a hazardous vast* characteristic or is listed
in 40 CFR 261.33 and that is produced to ba burnad as
fual?
( ]
(*] no
It yes, tha Material is not a solid waste.
If no, the activity results in burning for
energy recovery, and the Material is a
solid waste. See applicable regula-
tions, below.
9. Is the Material used or reused
[ ) as an ingredient in an industrial process to Make
a new product without intermediate reclamation
(regeneration or recovery of Materials),
[ ) as an effective substitute for commercial products
in a particular function or application, or
C ] as a substitute for raw Material feedstock in the
primary production process froM which it was
generated, without being first reclalaed (a
closed-loop process)?
If any of the above apply, the activity is use or
reuse, and the Material is not a solid waste.
It none of the above apply, go on to question (10).
10.
Is the Material regenerated or are Materials
recovered froM the original Material?
with value
( ] y«
if y««,
If no.
I 1 no
the activity is reclamation. Go on to question
(lOa).
please review the definitions of activities in
this Manual and reconalder your answers, or
call the RCRA Hotline for assistance.
lOa. Is the Material
{ ) a hazardous waste listed under 40 CFR
261.31 or 261.32 (this provision
excludes commercial chemical products,
which are listed under 40 CFR 261.33),
( ) a spent Material exhibiting one of the
characteristics of a hazardous waste
given in 40 CFR 261. 20-. 24, or
( ) a scrap Metal?
If any of the above apply, the Material is a
solid waste. See applicable regula-
tions, below.
If none of the above apply, go on to question
(lOb).
10b.-ls the Material
( ) either a sludge or a by-product that
exhibits one of the characteristics of a
hasardous waste given in 40 CFR 261.20-
.24, and that is not listed under 40 CFR
261.31-.32, or
[ ) a commercial chemical product that exhi-
bits a hazardous waste characteristic or
la listed under 40 CFR 261.33?
If any of the above apply, the Material is
not a solid waste.
If none of the above apply, please review the
definitions of activities in this Manual
and reconsider your answers, or call the
RCRA Hotline for assistance.
Applicable Regulations!
1. Is the waste exempt from regulation (see the list in Exhibit 6)7
[ ) y«» (X) no
If yes, the Material is not regulated.
If no, the Material is regulated. See Item (2), below.
2. The generator of the fuel (the person who Mixes the solvents and
residuals) is subject to requirements under 40 CFR 262.
Transporters of the fuel are subject to requirements under 40 CFR
263. Generators recycling the fuel on-slte, off-site recyclers
and other parties handling the fuel prior to recycling may ba
subject to storage facility requirements under 40 CFR 264 and 265
Subparts A through L. Generators who store the fuel for no more
than 90 days in tanks or containers prior to recycling are
subject only to the requirements for accumulation under 40 CFR
262.34. The actual burning of these fuels is currently exempt
froM regulation.
Discussion;
The fuel is the product of the Mixing of characteristic hazardous
wastes and itself exhibits a hasardous waste characteristic.
Therefore, the fuel is a solid and hazardous waste and is subject to
RCRA Subtitle C transportation and storage regulation.
See Alsot Energy Recovery - Spent Material 3
Energy Recovery - By-Product 3
-------
ENERGY RECOVERY - MIXED MATERIAL 1
Description of Actlvitvi
Hon-halogenated epent solvents (heavy alcohol*, ketones and
hydrocarbons, spent material* exhibiting the characteristic of
Ignltabillty) and heavy residual* (by-product* exhibiting the
characteristic of EP-toxiclty) fro« a chasical Manufacturing plant are
physically Mixed Into a product that Is sold as Marina fuel. The fuel
exhibits the characteristic of Ignltablllty.
What la the status of the Marine fuel?
Questions} .
1. Is the Material that Is recycled a secondary Material?
[XI yes [ ) no
If yea, go on to question (2).
If no, the Material la not a solid Masts.
2. Is the Material haiardoua? (A Material Is hazardous If It Is
listed under 40 CFR 261.10-.33 or exhibits one of the
characteristics of a hazardous waste given In 40 CFR
261.20-. 24. and Is not specifically excluded froM the
definition of hasardoua waste under 40 CFR 261.4(b).)
.' yes
( )
If ye*, go on to question (3).
If no. the Material is not a solid waste.
3. Is ths Material specifically excluded froM the definition of
solid waste under 40 CFR 261.4(a) (see the list in Exhibit
5)?
[ ] yss (X) no
If yes, the Material is not a solid waste.
If no, go on to question (4).
4. Is ths Material inherently waste-like (see the list in
Exhibit 4)7
( 1 y«» (X] no
If yes, the Material Is a solid waste. See applicable
regulations, below.
If no, go on to question (5).
5. Does the activity serve a beneficial use?
[X] yes ( ] no
If yes, go on to question (6).
If no, the activity is not recycling, and the Material
is a solid waste. See applicable regulations,
below.
la there a feasible Means for recycling the waste?
[X] yea ( ] no
It yes, go on to question (6a).
If no, go on to question (6b).
6a. is at Isast 79 percent of the Material recycled within
one calendar year?
(X] ye.
( 1 no
If yes, go on to question (7).
If no, go on to question (6b).
6b. Is the Material a ooBBsrclal cheelcal product that
exhibits a hasardous waste characteristic or is listed
as a hazardous wast* in 40 CFR 261.33?
I ) y«»
I ) no
If yes, go on to question (7).
If no, the practice 1* speculative acouMUla-
tlon, and the Material is • solid
wast*. See applicable regulations,
below.
Is the Material placed on the ground or used in • product
that is placed on the ground?
I ) y*» (X] no
If yss, go on to question (7a).
If no, go on to question (•).
7a. Is ths Material a comserolal ehraioa) product that
exhibits a hasardous wast* characteristic or 1st listed
in 40 CFR 261.33 that IB produced for application to
the land?
( ] yes ( ] no
If ye*, the material is not • solid wast*.
If no, ths activity rssults in us* constitu-
ting disposal and the Material is •
solid wast*. See applicable regula-
tion*, below.
Is the Material used ss a fuel or used to produce a fuel?
(X) yes I J no
If yes, go on to question (8a).
If no, go on to question (9).
-------
•a.
I* the Material a commercial chemical product that
exhibit* • hazardous waste characteristic or Is listed
In 40 CFR 261.33 and that is produced to be burned as
fuel?
lOb. Is the Material
( )
I 1 no
If yes, the Material is not a solid waste.
If no, the activity results in burning for
energy recovery, and the Material Is a
solid waste. See applicable
regulations, below.
9. Is the Material used or reussd
[ ) as an ingredient In an Industrial process to Make
a new product without intermediate reclamation
(regeneration or recovery of Materials),
[ ) as an effective substitute for commercial products
in a particular function or application, or '
( ) ae a substitute for raw Material feedstock In the
primary production process from which It was
generated, without being first reclaimed (a
closed-loop process)?
If any of the above apply, the activity is use or
reuse, and the material is not a solid waste.
If none of the above apply, go on to question (10).
10. Is the Material regenerated or are materials with
recovered from the original material?
value
-J
oG
C l
I ] no
( ) either a sludge or a by-product that
exhibits one of the characteristics of a
hazardous waste given in 40 CFR 261.20-
.24, and that is not listed under 40 CFR
361.31-.32, or
( ] a commercial chemical product that ex-
hibits a hazardous waste characteristic
or Is listed under 40 CFR 261.33?
If any of the above apply, the Material is
not a solid waste.
If none of the above apply, please review
the definitions of activities in this
Manual and reconsider your answers, or
call the RCRA Hotline for assistance.
Applicable Regulations
1. Is the waste exempt from regulation (see the list in Exhibit 6)?
( ) yes ( ) no
If yes, the Material is not regulated.
If no, the Material is regulated. See iteM (2), below.
Dlscussiont
Pipeline condensate is off-specification fuel. Off-specification
fuels that are burned for energy recovery are not solid wastes, and
are not subject to RCRA Subtitle C regulation.
If yes, the activity is reclamation. Go on to question
(lOa).
If no; please review the definitions of activities in
this Manual and reconsider your answers, or
call the RCRA Hotline for assistance.
lOa. Is the Material
{ } a hazardous waste listed under 40 CFR
261.31 or 261.32 (this provision
excludes commercial chemical products,
which are listed under CFR 261.33),
( ) a spent material exhibiting one of the
characteristics of a hazardous waste
given in 40 CFR 261.20-.24, or
[ ] a scrap metal?
If any of the above apply, the material is
a solid waste. See applicable
regulations, below.
If none of the above apply, go on to question
(lOb).
-------
ENERGY RECOVERY - NON-SECONDMW MATERIAL 1
Description of Aotivltyi
Pipeline condanaate fro» natural gas transmission accumulates in
the pipeline •• It !• generated. When pipelines ere cleaned, the
condenaate (which exhibit* the characteristic of ignitabillty) i>
stored in above-ground eteel tanka until it ie aold to firms ualng it
as a fuel.
What is the statua of the pipeline condansate?
Queationsi
1. Is the Material that is recycled a secondary Material?
( 1 Y«« (XI no
If yea, go on to question (2).
If no, the Material is not a solid wast*.
2. Is the Material hasardous? (A Material is hazardous if it is
Hated under 40 CFR 261.30-. 33 or exhibits one of the
characteriatics of a haiardoua wast* given in 40 CFR 261.20-.24,
and is not specifically excluded fro» the definition of hasardous
waste under 40 CFR 261.4(b).)
( )
I 1 no
If yes, go on to question (3).
If no, the Material is not a solid waste.
3. Is the Material specifically excluded from the definition of
solid waate under 40 CFR 261.4(a) (see the list in Exhibit 5)7
I 1
( ) no
If yes, the material is not a solid waate.
If no, go on to question (4).
4. is the Material Inherently waste-like (see th* list in Exhibit 4)7
( 1 yas C 1 no
If yes, the Material is a solid waste. See applicable
regulations, below.
If no, go on to question (5).
5. Does the activity serve a beneficial use? ,
( J yas { ] no
If yes, go on to question (6).
If no, the activity is not recycling, and the Material
is a solid waste. See applicable regulations,
below.
Is there a feasible Means for recycling the waste?
[ 1 yes [ ] no
If yes, go on to question (6aj.
If no, go on to question (6b).
«a. Is at least 79 percent of th* Material recycled within
one calendar year?
( ] yes C 1 no
If yes, go on to question (7).
If no, go on to question (6b).
6b. Is the material a commercial chemical product that
exhibits a hasardous waste characteristic or is listed
as a hasardous wast* in 40 CFR 261.33?
( 1 Y*«
( ) no
If yes, go on to question (7).
If no, th* practice is speculative
accumulation, and th* material is a
•olid wast*. See applicable
regulations, below.
Is the Material placed on the ground or used in a product that is
placed on th* ground?
( I y««
( )
If yes, go on to question (7a).
If no, go on to question (•).
7a. Is the Material a commercial chemical product that
exhibits a hasardous wast* characteristic or is listed
in 40 CFR 261.33 that is produced for application to
th* land?
f J
f 1 no
If yes, th* material is not a solid wast*.
If no, th* activity results in use
constituting disposal and th* Material
is a solid wast*. See applicable
regulations, below.
Is the material used as a fuel or used to produce a fuel?
( ) yes f 1 no
If yes, go on to question (8a).
If no, go on to question (9).
-------
Ba.
Is the Material a commercial chemical product that
exhibits a hazardous vast* characteristic or In listed
In 40 CPU 261.33 and that is produced to be burned as
fuel?
I ] yes ( ) no
If yes, the Material Is not • solid waste.
lOb. Is the Material
activity results In burning for
gy recovery, and the Material Is
If no, the
energy
a solid waste. See applicable regu-
lations, below.
OQ
o
9. Is the Material used or reused
( ] as an Ingredient In an Industrial process to Make
• new product without intermediate reclamation
(regeneration or recovery of Materials),
( ] as an effective substitute for commercial products
in a particular function or application, or
[ ) as a substitute tor raw Material feedstock In the .
primary production process from which It was
generated, without being first reclaimed (a
closed-loop process)?
If any of the above apply, the activity Is use or
reuse, and the Material Is not a solid waste.
If none of the above apply, go on to question (10).
10. Is the Material regenerated or are Materials with value
recovered from the original Material?
( ] either a sludge or • by-produot that
exhibits one of the characteristics of a
hazardous waste given in 40 era 261.20-
.24, and that is not listed under 40 era
261.31-.32, or
( ) a commercial chemical product that exhi-
bits a hazardous'waste characteristic or
is listed under 40 era 261.33?
If any of the above apply, the Material is
not a solid waste.
If none of the above apply, please review the
definitions of activities in this Manual
and reconsider your answers, or call the
RCRA Hotline Cor assistance.
Applicable Regulations!
1. Is the waste exempt from regulation (see the list in Exhibit «)?
I 1 Y«»
(X] no
|X) yes
[ 1 no
If yes, the activity is reclamation. Go on to question
(lOa).
If no, please review the definitions of activities in
this Manual and reconsider your answers, or
call the RCRA Hotline for assistance.
loa. Is the Material
( ) a hazardous waste listed under 40 CFR
261.31 or 261.32 (this provision
excludes commercial chemical products,
which are listed under 40 CPR 261.33),
[X] a spent material exhibiting one of the
characteristics of a hazardous waste
given in 40 CFR 261.20-.24, or
[ ) a scrap Metal?
If any of the above apply,
solid waste. See
tions, below.
If none of the above apply, go on to question
(lOb).
If yes, the Material is not regulated.
If no, the Material is regulated. See ItaM (2), below.
2. Owners or operators of facilities that store spent lead-acid
batteries before reclaiming theM are subject to notification
requirements under Section 3010 of RCRJV and to storage facility
requirements under 40 era 264 and 265 Subparts A through L
(waste analysis requirements under 40 era 264.13 and 265.13, and
manifest requirements under 40 CPR 264.71, 264.72, 265.71, and
265.72 do not apply, however). Persons who generate, transport,
or collect spent batteries, or who store spent batteries but do
not reclaim theM are not subject to regulation under Parts 262
through 266, and also are not subject to Section 3010 of RCRA.
Requirements applicable to spent lead-acid batteries being
reclaimed are summarized under 40 CFR 266 Subpart O.
Piscussion»
Spent lead-acid batteries are defined as spent Materials.
Because Material with value — the lead — is recovered from the
batteries, the activity is classified as reclamation. EPA has issued
a set of regulations stating that when reclaimed, lead-acid batteries
are solid wastes but are subject to a reduced set of requirements.
The batteries are regulated when stored by the person who is
reclaiming them (i.e., the battery cracker) but are not regulated when
handled by persons other than reclaimers prior to the reclamation.
the material is a
applicable regula-
See Also!
Reclamation - Spent Material 2
-------
RECLAMATION - SPENT MATERIAL 1
Description of Actlvityt
Spent lead-acid batteries (spent matariala exhibiting the
characteristics of corrosivity and EP-toxlclty) «r« split by battery
crackara, and thalr contanta (laad and oxidea) are stored In a pile.
Tha lead and oxidaa, which atill exhibit EP-toxioity, are then ehipped
to a aecondary lead amalter to recover the lead.
What la the atatua of the lead-acid batteriea?
Questionat
1. la the Material that la recycled a aecondary material?
(X) yea [ ) no
If yea, go on to question (2).
If no, the Material la not a solid waste.
2. Is the material hasardoue? (A material IB hazardous' 1C it la
Hated under 40 CFR 261.10-.13 or axhlblta one of the
characteristics of a hasardoua waste given In 40 CFR 261.20-.24,
and la not specifically excluded from the definition of hasardoua
waste under 40 CFR 261.4(b).)
(X) yea
( 1 no
If yea, go on to question (3).
If no, the material la not a solid waate.
3. IB the material specifically excluded from the definition of
solid waste under 40 CFR 261.4(a) (ase the Hat In Exhibit 5)7
( ) yea
(X) no
If yea, the material la not a aolid waste.
It no, go on to question (4).
4. Is the material inherently waate-like (aee the Hat in Exhibit 4)7
( ) y«« f*l no
If yea, the material la a solid waste. See applicable
regulations, below.
If no, go on to question (5).
5. Does the activity serve a beneficial use?
[X) yea { ] no
If yes, go on to question (6).
If no, the activity is not recycling, and the material
la a solid waste. See applicable regulations,
below.
la there a feaeible meana for recycling the waate?
[X] yea t 1 no
If yea, go on to question (6a).
If no, go on to queatlon (6b).
6a. la at least 75 percent of thai material recycled within
one calendar year?
1*1
( 1 no
If yea, go on to question (7).
If no, go on to queatlon (6b).
6b. la the material a commercial chemical product that
exhibits a hasardoua waate characteriatic or la Hated
aa a hasardoua waste in 40 CFR 261.13?
I )
I 1 no
If yea, go on to question (7).
If no, the practice la speculative accumula-
tion, and the material is a aolid
waata. See applicable regulations,
below.
Is the material placed on the ground or uaed in a product that la
placed on the ground?
( )
[X]
If yea, go on to question (7a).
If no, go on to queatlon (•).
7a. Is the material a commercial chemical product that
exhibits a hasardous waate oharaotariatio or is listed
in 40 CFR 261.13 that is produced for application to
the land?
c
C 1 no
If yea, the material la not a solid waste.
If no, the activity results In use constitu-
ting disposal and the material is a
solid waate. See applicable regula-
tlona, below.
la the material used aa a fuel or uaed to produce a fuel?
( 1 y«« [X] no
If yes, go on to question (aa).
If no, go on to queatlon (9).
-------
8a. Im the Material • commercial chemical product that
exhibits • hazardous wast* charactarlstlc or is listed
in 40 CFR 261.33 and that la produced to be burned ••
fuel?
lob. Is the Material
( 1 Y««
If yes, the Material is not a solid waste.
If no, the activity results in burning (or
energy recovery, and the Material !• a
•olid waste. See applicable
regulations, below.
9. Is the Material used or reused
( ] •• an ingredient in an Industrial process to Make
• new product without intermediate reclamation
(regeneration or recovery of Materials),
( ) as an effective substitute for commercial products
in a particular function or application, or
[ ] as a substitute for raw Material feedstock in the
primary production process from which it was
generated, without being first reclaimed (a
closed-loop process)?
If any of the above apply, the activity is use or
reuse, and the Material is not a solid waste.
If none of the above apply, go on to question (10).
[ ) either • sludge or a by-product that
exhibits one of the characteristics of •
hazardous waste given in 40 CFR 261.20-
.24, and that is not listed under 40 CFR
261.31-.32, or
[ ) a commercial chemical product that ex-
hibits a hasardous waste characteristic
or is listed under 40 CFR 261.337
If any of the above apply, the Material is
not a solid waste.
If none of the above apply, please review
the definitions of activities in this
Manual and reconsider your answers, or
call the RCRA Hotline for assistance.
Applicable Regulations
1.
2.
10.
Is the Material regenerated or are
recovered from the original Material?
Materials with value
(XI yes
I* yes,
If no,
f ) no
the activity is reclamation. Go on to question
(loa).
please review the definitions of activities in
this manual and reconsldsr your answers, or
call the RCRA Hotline for assistance.
loa. Is the Material
( ) a hazardous waste listed under 40 CFR
261.31 or 261.32 (this provision
excludes commercial chemical products,
which are listed under 40 CFR 261.33),
[X] a spent Material exhibiting one of the
characteristics of a hazardous waste
given in 40 CFR 261.20-.24. or
( ) a scrap Metal?
If any of the above apply, the material Is
a solid waste. See applicable
regulations, below.
If none of the above apply, go on to question
(lob).
Is the waste exempt from regulation (see the list In Exhibit 6)7
(X) yes ( ] no
If yes, the Material is not regulated.
If no, the Material is regulated. See item (2), below.
The generator of the lead and oxides (the battery cracker) is
subject to requirements under 40 CFR 262. Transporters of the
lead and oxides are subject to requirements under 40 CFR 263.
Generators recycling the lead and oxides on-slte. off-site
recyclers and other parties handling the lead and oxides prior to
JJ|cy2"nf
-------
RECLAMATION - SPENT MATERIAL 2
y
Description of Activity!
Spent laad-aoid batterlea (apant Materials axhlbltlng tha
charactariatlca of corroaivlty and EP-toxlcity) ar« apllt by battary
crackara, and thalr contanta (laad and oxides) are stored in a pile.
Tha lead and oxldea, which still exhibit EP-toxlcity, ara than ahippad
to a secondary laad asalter to racovar tha laad.
What la tha atatua of tha uaad battarlaa?
Questionsi
1. la tha Material that la racyclad a secondary »atarial?
C*l y«« ( 1 no
2.
00
3.
S.
If yea, go on to question (2).
If no, the Material la not a aolid waste.
la the Material hazardous? (A Material is hazardous if it la
Hated under 4o CPR 261.30-. 33 or exhibits one of the
characteristics of a hazardous waste given In 40 CPR 261.20-.24,
and is not specifically excluded froB the definition of hazardous
waste under 40 CFR 261.4(b).)
(X) yes
[ 1 no
If yea, go on to question (3).
If no, the Material Is not a solid waste.
Is the Material specifically excluded froM the definition of
•olid waste under 40 CPR 261.4(a) (sea the list in Exhibit 9)7
f ) yes
fX] no
If yes, the Material is not a solid waste.
If no, go on to question (4).
Is the Material Inherently waste-like (see the list in Exhibit 4)7
C ) y«* IX} no
If yes, the Material is a solid waste. See applicable
regulations, below.
If no, go on to question (5).
Does the activity serve a beneficial use?
[X) yes ( ] no
If yes, go on to question (6).
If no, the activity is not recycling, and the Material
ia a solid waste. See applicable regulations,
below.
Is there a feasible Means for recycling the waste?
W yes i ) no
If yes, go on to question (6a).
If no, go on to question (6b).
6a.
Is at least 75 percent of the Material recycled within
one calendar year?
(X) yes
*>o
If yes, go on to question (7).
If no, go on to question (6b).
6b. Is the Material • ooMMeroial chaBlcal product that
exhibits a hacardous waste characteristic or is listed
as a hazardous waste in 40 CFR 261.33?
[ ] yes ( j no
If yes, go on to question (7).
If no, the practice is speculative
eccuMulation, and the Material is a
solid waste. See applicable
regulations, below.
Is the Material placed on the ground or used in a product that is
placed on the ground?
I ] Y"
(X) no
7a.
If yes, go on to question (7s).
If no, go on to question (•).
Is the Material • cozwarolal chaBlcal product that
exhibits a hasardous waste characteristic or is listed
in 40 CFR 261.33 that is produced for application to
the land?
C 1
t 1 no
If yes, the Material is not a solid waste.
If no, the activity results in use
constituting disposal and the Material
ia a solid waste. See applicable)
regulations, below.
Is the Material used as a fuel or used to produce • fuel?
I 1 y«« (XI no
If yes, go on to question (Ba).
If no, go on to question (9).
-------
8a. la the material a commercial chemical product that
exhlblta a hazardous waste characteristic or ia Hated
in 40 CFR 261.33 and that ia produced to be burned aa
fuel?
( 1 y«» ( I no
If yea, the material ia not a aolid waate.
If no, the activity reaulta in burning for
energy recovery, and the material ia a
aolid waste. See applicable
regulationa, below.
9. la the Material used or reused
( ) aa an ingredient in an induatrlal process to Make
a new product without Intermediate reclamation
(regeneration or recovery of materlala),
[ ) aa an effective substitute for commercial produota
in a particular function or application, or
() aa a substitute for raw material feedstock in the
primary production process from which it waa
generated, without being flrat reclaimed (a
closed-loop process)?
If any of the above apply, the activity ia uae or
reuse, and the Material ia not a aolid waata.
If none of the above apply, go on to question (10).
10. la the Material regenerated or are materlala with value
recovered from the original material?
{X) yea I ) no
If yea, the activity la reclamation. Go on to question
If no, please review the definitiona of aotlvitiea in
this manual and reconaidar your answers, or
call tha RCRA Hotline for aaaiatanca.
lOa. Ia the material
| ) a hazardoua waate Hated under 40 CFR
261.31 or 261.32 (this provialon
excludes commercial chemical producta,
which are listed under 40 CFR 261.33),
(X] a apent material exhibiting one of the
characterlatica of a hazardoua waate
given in 40 CFR 261. 20-. 24, or
lob. la the Material
{ 1 either a aludge or a by-product that
exhlbita one of the characteriatlca of a
hazardoua waate given in 40 CFR 261.20-
.24. and that ia not listed under 40 CFR
261.31-.32, or
I J a commercial chemical product that ex-
hlbita a hazardoua waate characteristic
or ia liated under 40 CFR 261.33?
If any of the above apply, the Material ia
not a aolid waate.
If none of the above apply, please review
the definitiona of activities in thia
manual and reconaider your anawera, or
call the RCRA Hotline for aaalatance.
Applicable Regulationa
1. la the waate exempt from regulation (aee the Hat in Exhibit «)?
m y«» c i »o
If yea, the Material ia not regulated.
If no, the Material la regulated. See item (3), below.
Discussion»
Because the batterlea are regenerated by the Manufacturer, the
activity la classified as reclamation. Characterlatio apent materials
that are reclaimed are aolid wastes. However, EPA has laauad an
exemption stating that whan they are returned to the Manufacturer for
regeneration, uaed batterlea are not aubject to RCRA Subtitle C
regulation, unleaa they are apeculatively accumulated (aee 40 CFR
| ) a scrap metal?
If any of the above apply
a solid waste.
regulations, below.
If none of the above apply,
(lOb).
the material la
See applicable
go on to question
-------
RECLAMATION - SPENT MATERIAL 3
Description of ActivityI
Used batteries from consumers (spent Materials exhibiting the
characteristic of EP-toxlclty) are returned to a battery Manufacturer,
who adds electrolytes and replaces bad cells to regenerate the
batteries. The restored batteries can then be reused.
What Is the status of the used batteries?
QuestloneI
1. Is the Material that Is recycled a secondary Material?
IX) yes | j no
It yes, go on to question (2).
If no, the Material Is not a solid waste.
2. Is the Material haiardoua? (A Material is hasardous 1C It la
listed under 40 CPR 261.30-. 33 or exhibits on* of the
characteristics of a hazardous waste given In 40 CFR 261.20-.24,
and la not specifically excluded from the definition of haiardoua
waste under 40 CPR 261.4(b).)
I*] y*«
I 1 no
If yes, go on to question (3).
If no, the Material is not a solid waste.
3. Is the Material specifically excluded from the definition of
solid waste under 40 CFR 261.4(a) (aae the list in Exhibit 5)7
( 1 yes
(X) no
If yes, the Material is not a aolld waste.
If no, go on to question (4).
4. !• the Material Inherently waste-like (see the list in Exhibit 4)7
( 1 yes (X) no
I' yes. the Material la a solid waste. See applicable
regulations, below.
If no, go on to question (S).
5. Does the activity serve a beneficial use?
[X) yes f j no
If yes, go on to question (6).
If no. the activity is not recycling, and the Material
is a solid waste. See applicable regulations,
below.
la there a feasible Means for recycling the waste?
(X) yes I 1 no
If yes, go on to question (6a).
Zf no, go on to question (6b).
6a. Is at least 75 percent oC the Material recycled within
on* calendar year?
(X] yes
I 1 no
1C yes, 90 on to question (7).
1C no, go on to question (6b).
6b. Is the Material • commercial chemical product that
exhibits a hasardous waste characteristic or is listed
as a hazardous wast* in 40 CFR 361.33?
( 1
I 1 no
1C yes, go on to question (7).
1C no, the practice is speculative
accumulation, and the Material is a
solid waste. See applicable
regulations, below.
Is the material placed on the ground or used in a product that is
placed on the ground?
t 1 y*» IX) no
1C yea, go on to question (7s).
1C no, go on to question (•).
7a. Is the Material a commercial chemical product that
exhibits a hasardous wast* characteristic or is listed
in 40 CFR 261.33 that is produced Cor application to
the land?
J
( I no
1C yes, th* Material is not • solid waste.
If no, the activity results in use
constituting disposal and the Material
is a solid wests. See applicable
regulations, below.
Is the Material used as a fuel or used to produce a fuel?
( ) y*« IX) no
If yes, go on to question (8a).
If no, go on to question (9). -v
-------
8a. is the Material a commercial chemical product that
exhibits a hazardous waste characteristic or Is listen
in 40 CFR 261.33 and that is produced to be burned as
fuel?
If yes, the Material is not • solid waste.
If no, the activity results in burning for
energy recovery, and the Material is a
solid waste. See applicable
regulations, below.
9. Is the Material used or reused
[1 as an ingredient in an industrial process to Make
a new product without Intermediate reclamation
(regeneration or recovery of materials),
( ) as an effective substitute for commercial products
in a particular function or application, or
I } as a substitute for raw material feedstock in the
primary production process from which it was
generated, without being first reclaimed (a
cloaed-loop process)?
If any of the above apply, the activity is use or
reuse, and the material is not a solid waste.
If none of the above apply, go on to question (10).
lOb. IB the material
( ] either a sludge or a by-product that
exhibits one of the characteristics of •
hazardous waste given in 40 CFR 261.20-
.24, and that is not listed under 40 CFR
261.31-.32, or
( ) a commercial chemical product that ex-
hibits a hazardous waste characteristic
or is listed under 40 CFR 261.33?
If any of the above apply, the Materiel is
not • solid waste.
If none of the above apply, please review
the definitions of activities in this
Manual and reconsider your answers, or
call the RCRA Hotline Cor assistance.
Applicable Regulations
1. Is the waste exempt from regulation (see the list in Exhibit 6)7
( )
[X] no
2.
oO
10.
Is the Material regenerated or are
recovered from the original Material?
materials with velue
(X) yes
If y«s.
If no,
( J no
the activity is reclamation. Go on to question
(lOa) .
please review the definitions of activities in
this manual and reconsider your answers, or
call the RCRA Hotline for assistance.
lOa. Is the Material
(X)
( 1
If
a hazardous waste listed under 40 CFR
261.31 or 261.32 (this provision
excludes commercial chemical products,
which are listed under 40 CFR 261.33),
a spent material exhibiting one of the
characteristics of a hazardous waste
given in 40 CFR 261.20-.24, or
a scrap metal?
If yes, the material is not regulated.
If no, the Material Is regulated. See item (2), below.
The generator of the spent chromic sold is subject to
requirements under 40 CFR 262. Transporters of the spent chromic
acid are subject to requirements under 40 CFR 263. Generators
recycling the spent chromic acid on-site, off-site recyclers and
other parties handling the spent chromic acid prior to recycling
may be eubject to storage facility requirements under 40 CFR 264
and 26S SubpartM A through L. Generators who store the spent
chromic acid for no More than 90 days in tanks or containers
prior to recycling are subject only to the requirements for
accumulation under 40 CFR 262.34. The reclamation process Itself
is not regulated. Any residues derived from recycling the spent
chromic acid (such as the resin) must be managed as hazardous
wastes.
Discussion;
Because the acid is regenerated, the process is classified as
reclamation. Listed spent Materials that are reclaimed are solid
wastes and are subject to RCRA Subtitle C regulation. (The
regenerated acid is no longer a waste, but a product.)
See Also; Reclamation - Sludge 3
Other - Non-Secondary Material 9
Other - Non-Secondary Material 12
any of the above apply, the material is
a solid waste. See applicable
regulations, below.
If none of the above apply, go on to question
(lob).
-------
RECLAMATION - SPENT MATERIAL 4
Description of Activity;
Spent chromic acid from metal finishing plating baths (a spent
material listed under EPA Hazardous Haste No. F007) is neutralised and
goes through an ion exchange process that removes the chromium. The
acid la regenerated and returned to the metal finishing plating bath.
The Ion exchange resin (a Hated sludge -- the residue derived from
the treatment of a Hated waste) is treated with sodium hydroxide
solution to remove any Impurities. The resin is then returned to the
ion exchange column.
what is the etatus of the contaminated ion exchange resin?
QuestIonsi
1. Is the material that is recycled • secondary material?
(X) yes ( ) no
If yes, go on to question (2).
If no, the material is not a solid waste.
2. Is the material hazardoue? (A material Is hazardous if it is
listed under 40 CFR 261.10-. 13 or exhibits one of the
characteristics of a hazardous waste given in 40 CFR 261.20-.24,
and is not specifically excluded from the definition of hazardous
waste under 40 CFR 26l.4(b).|
m
I ) no
If yes, go on to queetlon (3).
If no, the material la not a solid waste.
3. Is the material specifically excluded from the definition of
solid waste under 40 CFR 261.4(a) (see the list in Exhibit 5)7
( 1 y«» IX] no
If yes, the material is not a solid waste.
If no, go on to question (4).
4. la the material Inherently waste-like (see the list in Exhibit 4)?
I 1 y«" (XI no
If yes, the material is a solid waste. See applicable
regulations, below.
If no, go on to question (5).
5. Does the activity serve a beneficial use?
[X] yes ( ] no
If yes, go on to question (6).
If no, the activity Is not recycling, and the material
Is a solid waste. See applicable regulations,
below.
Is there a feasible means for recycling the waste?
(XI yes { 1 no
If yes, go on to question (6a).
If no, go on to question (6b).
6a. Is at least 75 percent of the material recycled within
one calendar year?
(XI yes
( 1 no
If yea, go on to question (7).
If no, go on to question (6b).
6b. Is the material a commercial chemical product that
exhibits a hasardous waste characteristic or is listed
as a hazardous waste in 40 CFR 261.33?
( ) yes ( 1 no
If yes, go on to question (7).
If no, the practice is speculative
accumulation, and the material Is a
•olid waste. See applicable
regulations, below.
Is the material placed on the ground or used In a product that is
placed on the ground?
I ) y««
(X) no
If yes, go on to question (7a).
If no, go on to question (•).
7a. Is the material • commercial chemical product that
exhibits a hazardous waste characteristic or is listed
in 40 CFR 261.31 that is produced for application to
the land?
( 1 Y««
( 1
If yes, the material is not • solid waste.
If no, the activity results in use
constituting disposal and the material
is a solid waste. See applicable
regulations, below.
Is the material used as a fuel or used to produce a fuel?
I } y«» (X) no
If yea, go on to question (Ba).
If no, go on to question (9).
-------
8a.
!• th« Material a commercial chemical product that
exhibits a hazardous wast* characteristic or is listed
in 40 CFR 261.33 and that is produced to be burned ae
fuel?
( 1 Y«»
( 1 no
If yes, the Material is not a solid waste.
If no, the activity results in burning for
energy recovery, and the Material is a
solid waste. See applicable
regulations, below.
9. Is the Material used or reused
I ] as an Ingredient in an industrial process to Make
a new product without intermediate reclamation
(regeneration or recovery of Materials),
( ) as an effective substitute for commercial products
in a particular function or application, or
[ 1 as a substitute for raw Material feedstock in the
primary production process from which it was
generated, without being first reclaimed (a
closed-loop process)?
If any of the above apply, the activity is use or
reuse, and the Material is not a solid waste.
If none of the above apply, go on to question (10).
10. Is the Material regenerated or are Materials with value
recovered froM the original Material?
(X) yes
I 1 no
If yes, the activity is reclamation. Go on to question
(lOa).
If no, please review the definitions of activities in
this Manual and reconsider your answers, or
call the RCRA Hotline for assistance.
lOa. Is the Material
(X] a hazardous waste listed under 40 CFR
261.31 or 261.32 (this provision
excludes commercial chemical products,
( 1
( )
If
which are listed under 40 CFR 261.33),
a spent Material exhibiting one of the
characteristics of a hasardous waste
given in 40 CFR 261. 20-. 24, or
a scrap Metal?
any of the above apply, the Material is
a solid waste. See applicable
regulations, below.
If none of the above apply, go on to question
(lob).
lOb. Is the material
( ) either a sludge or • by-product that
exhibits one of the characteristics of a
hazardous waste given in 40 CFR 261.20-
.24, and that is not listsd under 40 CFR
261.31-.32, or
( ] a commercial chemical product that ex-
hibits a hasardous waste characteristic
or ie listed under 40 CFR 261.33?
If any of the above apply, the Material is
not • solid waste.
If none of the above apply, please review
the definitions of activities in this
Manual and reconsider your answers, or
call the RCRA Hotline for assistance.
Applicable Regulations
1. Is the waste exempt from regulation (see the list in Exhibit 6)7
( ) yes (X) no
If yes, the material is not regulated.
If no, the Material is regulated. See item (2), below.
2. The generator of the spent toluene is subject to requirements
under 40 CFR 262. Transporters of the spent toluene are subject
to requirements under 40 CFR 263. Generators recycling the spent
toluene on-site, off-site recyclers and other parties handling
the spent toluene prior to recycling may be subject to storage
facility requirements under 40 CFR 264 and 265 Subparts A through
L. Generators who store the spent toluene for no more than 90
days in tanks or containers prior to recycling are subject only
to the requirements for accumulation under 40 CFR 262.34. The
reclamation process itself is not regulated. Residues derived
from recycling the spent toluene must be managed as hazardous
wastes.
Discussion;
Because the toluene is recovered, the process is classified as
reclamation. Listed spent Materials that are reclaimed are defined as
solid wastes and are subject to RCRA Subtitle C regulation.
-------
on
—0
RECLAMATION - SPENT MATERIAL 5
Description of Actlvitvi
Spent toluene that waa used as • solvent in • Manufacturing
process (a spent Material Hated under EPA Hasardoua Haste No. POOS) la
adsorbed In an on-slte carbon adsorption system. After the adsorption
and desorptlon proceaaae, the aolvent la decanted from water and reuaed
In the original proceaa.
What la the atatua of the apent toluene?
Questlonet
1. la the material that la recycled • secondary material?
(X] yea ( j no
If yea, go on to question (2).
If no, the material la not a solid waste.
2* I? •.*!!• •*t*rU1 haiardoue? (A material Is haserdous If It la
listed under 40 CPR 26l.30-.ll or exhibits one of the
characteristics of • hasardous waate given In 40 CPU 2C1.20-.24,
and la not specifically excluded from the definition of hasardous
waate under 40 CFR 261.4(b).)
(X) yes
( ) no
If yes. go on to question (1).
If no, the material Is not a solid waste.
'" T*n!ih" "•t*ri"1 •Pacifically excluded from the definition of
solid waate under 40 CPR 261.4(a) (see the list in Exhibit 5)?
( )
IX] no
If yes, the material Is not a solid waste.
If no, go on to question (4).
4. Is the material Inherently waste-like (see the list In Exhibit 4)7
( I Y«« |X) no
If yes, the material la a solid waste. See applicable
regulations, below.
If no, go on to question (5).
5. Does the activity serve a beneficial uae?
(X) yea I ) no
If yea, go on to question (6).
If no, the activity is not recycling, and the material
is a solid waste. See applicable regulations,
below.
6. la there a feasible means for recycling the waste?
(X) yes | ) no
If yes,'go on to question (6a).
If no, go on to question (6b).
«a. Is at least 75 percent of the material recycled within
one calendar year?
yes
I 1 no
If yes, go on to question (7).
If no, go on to question (6b),
6b. Is the material • commercial chemical product that
exhibits a hasardous waste characteristic or is listed
as a hazardous waste in 40 CPR 261.11?
t
I ) no
If yes, go on to question (7).
If no, the practice is speculative
accumulation, and ' the material is a
solid waste. See applicable
regulations, below.
7. Is the material placed on the ground or used in a product that is
placed on the ground?
( 1 Y*«
(X) no
If yes, go on to question (7a).
If no, go on to question (•}.
7a. Is the material a commercial chemical product that
exhibits a haiardous waste characteristic or is listed
in 40 CFR 261.31 that is produced for application to
the land?
[ 1 Y«»
t 1 no
If yes, the material la not a solid waste.
If no, the activity results in use
constituting disposal and the material
is e solid waste. See applicable
regulations, below.
a. Is the material used as a fuel or used to produce a fuel?
( ) Y«" [X] no
If yes, go on to question (8a).
It no, go on to question (9).
-------
J)
o
8a. Is the material a commercial chemical product that
exhibits a hazardous waste characteristic or is listed
In 40 CFR 261.33 and that is produced to be burned as
fuel?
( ) yes ( 1 no
If yes, the Material is not a solid waste.
If no, the activity results In burning for
energy recovery, and the Material is
a solid waste. See applicable regu-
lations, below.
9. Is the Material used or reused '
( J as an Ingredient in an industrial process to Make
a new product without intermediate reclamation
(regeneration or recovery of Materials),
I J as an effective substitute for commercial products
in a particular function or application, or
( ) as a substitute for raw Material feedstock in the
primary production process from which it was
generated, without being first reclaimed (a
closed-loop process)?
If any of the above apply, the activity is use or
reuse, and the Material is not a solid waste.
If none of the above apply, go on to question (10).
10. Is the Material regenerated or are Materials with value
recovered from the original material?
(X) yes ( ) no
If yes, the activity is reclamation. Go on to question
lOb. Is the Material
If no, please review the definitions of activities in
this manual and reconsider your answers, or
call the RCRA Hotline for assistance.
loa. Is the Material
( ] a haiardous waate listed under 40 CFR
261.31 or 2C1.32 (this provision
excludes commercial chemical products,
which are listed under 40 CFR 261.33),
(X) a spent material exhibiting one of the
characteristics of a hazardous waste
given in 40 CFR 261.20-.24, or
( ] a scrap Metal?
If any of the above apply, the material Is a
solid waste. See applicable regula-
tions, below.
If none of the above apply, go on to question
[ ] either a sludge or a by-product that
exhibits one of the characteristics of a
haiardous waste given in 40 CFR 261.20-
.24, and that is not listed under 40 CFR
261.31-.32, or
( ] a commercial chemical product that exhi-
bits a hazardous waste characteristic or
is listed under 40 CFR 261.33?
If any of the above apply, the Material is
not a solid waste.
If none of the above apply, please review the
definitions of activities in this Manual
and reconsider your.answers, or call the
RCRA Hotline for assistance,
Applicable Regulationsi
1. Is the waste exempt from regulation (see the list in Exhibit 6)7
(X) yes ( ) no
If yes, the Material is not regulated.
If no, the Material is regulated. See Item (2), below.
Discussion!
Because the ethyl alcohol is regenerated, the process Is
classified as reclamation. Characteristic spent Materials that are
reclaimed are solid wastes. However, because reclamation of
industrial ethyl alcohol la regulated by the Bureau of Alcohol,
Tobacco and Firearms, EPA has exempted the Material from RCRA Subtitle
C regulation.
See Alsoi
Energy Recovery - Spent Material 1
-------
RECLAMATION - SPENT MATERIAL 6
Description of Activity;
Industrial ethyl •'i.cohol that has been contaminated by oils.
perfumes, or other substances added by a variety of Manufacturing
practices (a spant Material exhibiting the characteristic of
ignitabillty) is returned to the ethyl alcohol manufacturer, where It
la distilled and regenerated into new industrial ethyl alcohol. The
distillation residue (which also exhibits ignltability) is burned as a
fuel.
What la the etatus of the original contaminated ethyl alcohol?
Questions I
1. Is the material that is recycled a secondary material?
{XJ yes ( 1 no
It yes, go on to question (2).
If no, the material is not a solid waste.
2. Is the material hazardous? (A material is haiardous if it is
listed under 40 CFR 261.30-. 31 or exhibits one of the
characteristics of a hazardous waste given in 40 CFR 261.20-.24,
and is not specifically excluded from the definition of hazardous
waste under 40 CPR 261.4(b).)
|X] yes
[ ] no
If yes, go on to question (1).
If no, the material is not a solid waste. •
3. Is the material specifically excluded from the definition of
solid waste under 40 CFR 261.4(a) (see the list in Exhibit 5)7
I ) yes (X) no
If yes, the material is not a solid waste.
If no, go on to question (4).
4. Is the material Inherently waste-like (see the list in Exhibit 4)7
I 1 yes (XI no
If yes, the material is a solid waste. See applicable
regulations, below.
If no, go on to question (5).
5. Does the activity serve a beneficial use?
(X) yes [ ) no
If yes, go on to question (6).
If no, the activity is not recycling, and the material
is a solid waste. See applicable regulations,
below.
Is there a feasible means for recycling the waste?
(X] yes I J no
If yes, go on to question (Ca).
If no, go on to question (6b).
6a. Is at least 75 percent of the material recycled within
one calendar year?
(X) yes
I 1 no
If yes, go on to question (7).
1C no, go on to question (6b).
fib. Is the material a commercial chemical product that
exhibits a hazardous waste characteristic or is listed
as a hazardous waste in 40 CFR 261.31?
I )
t 1 no
If yes, go on to question (7).
If no, the practice is speculative accumula-
tion, and the material is a solid
waste. See applicable regulations,
below.
Is the material placed on the ground or used in a product that is
placed on the ground?
( ) yes
(X) no
If yes, go on to question (7e).
If no, go on to question (a).
7a. Is the material a commercial chemical product that
exhibits a hazardous waste characteristic or is listed
in 40 CFR 261.11 that is produced for application to
the land?
( 1 yes
I 1 no
If yes, the material is not • solid waste.
If no, the aptivity results in use constitu-
ting disposal and the material is a
solid waste. See applicable regula-
tions, below.
Is the material used as a fuel or used to produce a fuel?
( 1 yes (X] no
If yee, go on to question (8a).
If no, go on to question (9).
-------
!• the material a commercial chemical product that
exhibit* a hazardous wast* characteristic or is listed
in 40 CPR 261.33 and that is produced to be burned as
fuel?
I )
( ) no
If yes, the material is not • solid waste.
If no, the activity reaults in burning for
energy recovery, and the material is a
•olid waste. See applicable
regulations, below.
9. Is the material used or reused
I J as an ingredient in an industrial process to make
a new product without intermediate reclamation
(regeneration or recovery of materials),
( ] a* an effective eubatltute for commercial product*
' in a particular function or application, or
[ 1 a* a substitute for raw material feedstock in the
primary production process from which it was
generated, without being first reclaimed (a
closed-loop process)?
If any of the above apply, the activity is use or
reuse, and the material is not a solid waste.
If none of the above apply, go on to question (10).
—0 10. Is the material regenerated or are materials with value
.5 recovered from the original material?
(X) yes
( 1 no
If yes. the activity is reclamation. Go on to question
(lOa).
If no, please review the definitions of activities in
this manual and reconsider your answers, or
call the RCRA Hotline for assistance.
Is the material
(X) a hasardous waste listed under 40 CPR
261.31 or 261.32 (this provision
excludes commercial chemical products,
which are listed under 40 CFR 261.33),
[ ) a spent material exhibiting one of the
characteristics of a hasardous waste
given in 40 CFR 261.20-.24, or
( ] a scrap metal?
If any of the above apply, the material Is
a solid waste. See applicable
regulations, below.
If none of the above apply, go on to question
(lOb).
lOb. Is the material
( ) cither a sludge or a by-product that
exhibit* on* of the characteristic* of a
hazardous wast* given in 40 CPR 261.20-
.24, and that i* not listed under 40 CPR
261.31-.32, or
( ] a commercial chemical product that
exhibit* • hasardous wast*
characteristic or 1* listed under 40
era 261.33?
If any of the above apply, the material i*
not • solid wast*.
If none of the above apply, plea** review
the definition* of activities in this
manual and reconaider your anaware, or
call the RCRA Hotline for assistance.
Applicable Regulations
1. I* the waete exempt from regulation (••• the list in Exhibit 6)7
( 1 y«« (X) no
If yes, the material is not regulated.
If no, the material 1* regulated. See item (2), below.
2. The generator of the spent pickle liquor if subject to
requirement* under 40 era 262. Transporters of the spent pickle
liquor are subject to requirements under 40 CPR 263. Generators
recycling the spent pickle liquor on-site, off-site recyclers and
other parties handling the spent pickl* liquor prior to recycling
may be subject to storag* facility requirement* under 40 CPR 264
and 265 Subparts A through L. Generators who store the spent
pickle liquor for no more than 90 days in tanks or containers
prior to recycling are subject only to the requirements for
accumulation under 40 era 262.34. The reclamation process — the
•urface Impoundment Itself — 1* not regulated. Any residues
from recycling must be managed as hazardous wastes.
Piscussion»
The evaporation that occurs in the surface impoundment is a
reclamation step. Listed spent material* that are reclaimed are aolld
waste* and thus are subject to RCRA Subtitle C regulation.
-------
RECLAMATION - SPENT MATERIAL 7
Description of Activity!
Spent pickle liquor (• spent Material listed under EPA Hasardoua
Haste No. K062) Is placed In an iBpoundMnt to evaporate vater and
recover concentrated ferrous chloride, which is used as an ingredient
to produce ferric chloride.
What is the status of the spent pickle liquor?
Questionst
1. Is the Material that Is recycled a secondary Material?
(X) yes | j no
If yes, go on to question (2).
If no, the Material is not a solid waste.
a. Is the Material hasardous? (A Material is.haiardous if it is
listed under 40 cm 361.30-. 33 or exhibits one of the
characterletlcs of a haiardous waste given in 40 era 2*1.20-.24,
and is not specifically excluded froM the definition of hasardous
waste under 40 CFR 361.4(b).)
(XI yes
( I no
If yes, go on to question (3).
If no, the Material is not a solid waste.
3. Is the Material specifically excluded froM the definition of
•olid waste under 40 CFR 261.4(a) (see the list in exhibit 5)7
I 1 yee
IX) no
If yes, the Material is not a solid waste.
K no, go on to question (4).
4. Is the Material Inherently waste-like (see the list in Exhibit 4)?
( ) yes (X) no
If yes, the Material is a solid waste. See applicable
regulations, below.
If no, go on to question (5).
5. Does the activity serve a beneficial use?
[XJ ye> | i no
If yes, go on to question (6).
If no, the activity is not recycling, and the Material
is a solid waste. See applicable regulations,
below.
6. Is there a feasible Means for recycling the waste?
(X) yes i j no
If yes, go on to question (6a).
If no, go on to question (6b).
6a. Is at least 75 percent of the Material recycled within
one calendar year?
fXJ yes
( ] no
If yes, 90 on to question (7).
If no, go on to question (6b).
6b. Is the Material a coMMercial cheMlcal product that
exhibits a hasardous waste character1stio or Is listed
ae a haiacdoue waste in 40 CFR 261.33?
) yes
I ) no
If yes, go on to question (7).
If no, the practice is speculative
accumulation, and the Material is a
•olid waste. See applicable
regulations, below.
7. Is the Material pieced on the ground or used in a product that is
placed on the ground?
f I y««
(X] no
If yes, go on to question (7a).
If no, go on to question (•).
7a. Is the Material a couerclal chemical product that
exhibits a hasardous waste characteristic or is listed
in 40 era 261.33 that is produced for application to
the land?
( ) yes
) no
If yes, the Material i* not • solid waste.
If no, the activity results in use
constituting disposal and the Material
is a solid waste. See applicable)
regulations, below.
0. Is the Material used as a fuel or used to produce' a fuel?
( ) Y" (X] no
If yes, go on to question ((a).
If no, go on to question (9).
-------
8a. Is the Material a commercial chemical product that
exhibits a hazardous waste characteristic or is listed
in 40 CFR 261.33 and that is produced to be burned as
fuel?
( ) yes I ) no
If yes, the Material is not a solid waste.
If no, the activity results in burning for
energy recovery, and the Material is
a solid waste. See applicable regu-
lations, below.
9. Is the Material used or reused
( ) as an Ingredient in an industrial process to Make
a new product without intermediate reclamation
(regeneration or recovery of Materials),
( ] as an effective substitute for commercial products
in a particular function or application, or
( ) as a substitute for raw Material feedstock in the
primary production process from which it was
generated, without being first reclaimed (a
closed-loop process)?
If any of the above apply, the activity is use or
reuse, and the Material is not a solid waste.
If none of the above apply, go on to question (10).
JO
10.
Is the Material regenerated or are Materials
recovered from the original Material?
with value
(X) yes
I 1 no
If yes, the activity Is reclamation. Go on to question
(lOa).
If no, please review the definitions of activities in
this Manual and reconsider your answers, or
call the RCRA Hotline for assistance.
lOa. Is the Material
( ) a hazardous waste listed under 40 CFR
261.11 or 261.12 (this provision
excludes commercial chemical products,
which are listed under 40 CFR 261.11),
(X) a spent Material exhibiting one of the
characteristics of a hazardous waste
given in 40 CFR 261.20-.24, or
[ ) a scrap Metal?
If any of the above apply, the Material is a
solid waste. See applicable regula-
tions, below.
If none of the above apply, go on to question
(lOb).
lOb. Is the Material
( ] either a sludge or a by-product that
exhibits one of the characteristics of a
hazardous waste given in 40 CFR 261.20-
.24, and that is not listed under 40 CFR
261.11-.32, or
( ) a commercial chemical product that exhi-
bits a hazardous waste characteristic or
is listed under 40 CFR 261.31?
If any of the above apply, the Material is
not a solid waste.
If none of the above apply, please review the
definitions of activities in this Manual
and reconsider your answers, or call the
RCRA Hotline for assistance.
Applicable Regulationsi
1. Is the waste exempt from regulation (see the list in
Exhibit 6)?
( ) y« [XJ no
If yes, the Material is not regulated.
If no, the Material is regulated. See item (2), below.
2. The generator of the spent catalyst is subject to requirements
under 40 CFR 262. Transporters of the catalyst are subject to
requirement* under 40 CFR 263. Generators recycling the catalyst
on-site, off-site recylers and other parties handling the
catalyst prior to recycling May be subject to storage facility
requirements under 40 CFR 264 and 265 Subparts A through L.
Generators who store the catalyst for no More than 90 days In
tanks or containers prior to recycling are subject only to the
requirements for accumulation under 40 CFR 262.34. The
reclamation process itself is exempt from regulation. Residues
derived from recycling the catalyst Must be Managed as hazardous
wastes, if they themselves exhibit any hazardous waste
characteristics.
Discussion>
Because Material with value — vanadium — is recovered from the
catalyst, the activity Is classified as reclamation. Characteristic
spent Materials that are reclaimed are solid wastes, and are thus
subject to RCRA Subtitle C regulation.
-------
RECLAMATION - SPENT MATERIAL •
Description of Activitvt
A spent liegler Natta polymerization catalyst containing aluminum
trichloride and vanadium trichloride from a chemicala Manufacturing •
plant (a apant Material exhibiting tha characteristic of corrosivity)
la processed to racovar vanadliu (or commercial applications.
What Ja tha atatua of tha apant catalyat?
Quaattonal
1. la tha material that la racyclad a secondary Material?
(XI y« [ ) no
If yes, 90 on to question (2).
If no, tha Material la not a aolld waate.
2. la the »aterlal haiardoua? (A Material la hasardous If It la
11 at ad under 40 CFR 2C1.30-.33 or axhlblta one of the
charactarlatlca of a hasardoua waate given In 40 CFR
261.20-.24, and la not apeclflcally excluded fro* tha
definition of haiardoua waate under 40 CFR 261.4(b).)
IX) yea
( J no
If yea, go on to question (3).
If no, the Material ia not a aolid waate.
3. la tha Material specifically excluded from the definition of
aolld waate under 40 CFR 261.4(a) (aee the liat in Exhibit
( ) yaa
IX) no
If yaa, the Material la not a aolid waste.
If no, go on to question (4).
4. la the Material inherently waata-like (aae the Hat in
Exhibit 4)7
( ] yaa
(X) no
If yea, the Material la a aolid waate. See applicable
regulationa, below.
If no, go on to question (S).
5. Does the activity serve a beneficial uae?
(XI yaa [ ) no
If yes, go on to question (6).
If no, tha activity la not recycling, and the material
la a solid waste. See applicable regulations,
below.
Is there a feaalble Meana for recycling the waate?
(X) yaa ( ] no
If yea, go on to question (6a).
If no, go on to question (6b).
6a. Is at least 75 percent of the Material recycled within
one calendar year?
IX] yas
I ] no
If yes, go on to question (7).
If no, go on to question (6b).
fib. is the Material a commercial cheMlcal product that
exhlblta a hasardous waste characteriatio or is Hated
aa a hazardous waste in 40 CFR 261.33?
If yes, go on to question (7).'
If no, the practice is speculative accumula-
tion, and the Material is a solid
waste. See applicable regulations,
below.
Is the Material placed on the ground or used In a producr.
that la placed on the ground?
I 1
(X) no
If yes, go on to question (7a).
If no, go on to quaatlon (•).
7a. Is the Material a coMMercial cheMlcal product that
exhibits a haiardoua waate characteristic or is listed
in 40 CFR 261.33 that is produced for application to
the land?
[ )
I ) no
If yes, the Material is not-a solid waate.
If no, the activity reaults in use constitu-
ting diaposal and the Material is a
solid waate. See applicable regula-
tions, below.
Is the Material used aa a fuel or used to produce a fuel?
I 1 yas IX) no
If yas, go on to qusation (la).
If no, go on to question (9).
-------
6a.
Is the Material • commercial chemical product that
exhibits a hazardous waste charactarlatlo or is Hated
in 40 CFR 261.33 and that ia produced to ba burned as
fuel?
lOb. la the Material
I 1
I I »o
-D
If yes, the Material is not a solid waste.
If no, the activity results in burning for
energy recovery, and the Material la a
solid waete. See applicable
regulations, below.
9. Is the Material used or reused
(1 as an ingredient in an industrial process to Make
a new product without intermediate reclamation
(regeneration or recovery of materials),
( ] as an effective substitute for commercial products
in a particular function or application, or
( ) as a substitute for raw Material feedstock in the
primary production process from which It was
generated, without being first reclaimed (a
closed-loop process)?
If any of the above apply, the activity is use or
reuse, and the Material is not a solid waste.
If none of the above apply, go «>n to question (10).
10. Is the Material regenerated or are Materials with value
recovered from the original Material?
[ ) either a sludge or • by-product that
exhibits one of the characteristics of a
hazardous waste given in 40 CFR 261.20-
.24, and that is not listed under 40 CFR
261.31-.32, or
( ) a commercial chemical product that ex-
hibits a hacardous waste charaoterlatio
or is listed under 40 CFR 261.33?
If any of the above apply, the Material ia
not a solid waste.
If none of the above apply, please review
the definitions of activities in this
Manual and reconsider your answers, or
call the RCRA Hotline for assistance.
Applicable Regulations
1. Is the waste exempt from regulation (see the list in Exhibit 6)7
t 1 Y««
IX] no
(XJ yes
I J no
If yes, the activity is reclamation. 60 on to question
(lOa).
If no, please review the definitions of activities in
this Manual and reconsider your answers, or
call the RCRA Hotline for assistance.
lOa. Is the Material
(X) a hazardous waste listed under 40 CFR
261.31 or 261.32 (this provision
excludes commercial chemical products,
which are listed under 40 CFR 261.33),
It yes, the Material is not regulated.
If no, the Material is regulated. See item (2), below.
2. The generator of the spent solvents is subject to requirements
under 40 CFR 262. Transporters of the spent solvents are subject
to requirements under 40 CFR 263. Generators recycling the spent
solvente on-alte, off-site recyclers and other parties handling
ths spent solvents prior to recycling may be subject to storage
facility requirements under 40 CFR 264 and 265 Subparts A through
I>. Generators who store the spent solvents for no More than 90
days in tanks or containers prior to recycling are subject only
to the requirements for accumulation under 40 CFR 262.34. The
reclamation process itself is not regulated. Any reaiduea derived
from recycling the spent solvents Must be Managed as hasardous
wastes.
DiscussionI
Because the solvents are regenerated by carbon adsorption and
distillation, the activity is defined as reclamation. Listed spent
materials that are reclaimed are solid wastes and thus are subject to
RCRA Subtitle C regulation.
I )
If
a spent material exhibiting one of the
characteristics of a hazardous waste
given in 40 CFR 261.20-.24, or
a scrap metal?
any of the above apply, the material is
a aolid waste. See applicable
regulations, below.
If none of the above apply, go on to question
(lOb).
-------
RECLAMATION - SPENT MATERIAL 9
Description of Activity!
Spent contaminated solvents from the manufacture of printed
circuit boards (spent materials listed under BPA Hasardous Haste Nos.
FOOl-FOOS) are regenerated through activated carbon adsorbers. Th*
resulting liquid is distilled to recover the solvents, which are
returned to their original use.
What is the status of the contaminated solvents prior to
regeneration by carbon adsorption and distillation?
Questionst
1. Is the material that is recycled a secondary material?
(X) yes ( ] no
If yes, go on to question (2).
If no. the material is not a solid wast*.
2. is th* material hasardous? (A material is hasardous If it is
listed under 40 CFR 261.30-.33 or exhibits one of the
characteristics of a haiardous wast* given in 40 CFR 261.20-.24,
and is not specifically excluded from the definition of hasardoua
waste under 40 CFR 261.4(b|.)
(X) yes I ) no
If yes, go on to question (3).
If no, th* material is not a solid waste.
3. Is the material specifically excluded from th* definition of
solid wast* under 40 CFR 261.4(a) (see the list in Exhibit S)?
I 1 y««
(X) no
If yes, the material is not • solid wast*.
If no, go on to question (4).
4. IB the material Inherently waste-like (see th* list in Exhibit 4)7
I ] yes [X] no
If yes. the material is a solid waste. See applicable
regulations, below.
If no. go on to question (S).
5. Does the activity serve a beneficial use?
[X] yes I ) no
If yes, go on to question (6).
If no. the activity is not recycling, and the material
is a solid waste. See applicable regulations,
below.
Is there a feasible means for recycling th* wast*?
CX] yes I ] no
If y*s, go on to question (*a).
If no, go on to question (6b).
6a. Is at least 75 percent of th* material recycled within
one calendar year?
(XI yes
C 1 no
6b.
If yea, go on to question (7).
If no, go on to question (6b).
Is th* material a commercial chemical product that
exhibits a hasardous wast* characteristic or Is listed
as a hazardous wast* in 40 CFR 261.33?
C 1
C 1 no
If yea, go on to question (7).
If no, the praotlc* is speculative
accumulation, and th* material Is a
solid wast*. S** applicable
regulations, below.
Is th* material placed on th* ground or used in a product that is
placed on the ground?
I )
(X) no
7a.
If yes, go on to question (7a).
If no. go on to question (•).
Is the material a commercial chemical product that
exhibits a hasardous wast* characteristic or Is listed
in 40 CFR 261.33 that is produced for application to
the land?
t
C 1 no
If yes, the material is not a solid waste.
If no, the activity results in us*
constituting disposal and th* material
is s solid wast*. Sea applicable
regulations, below.
Is th* material used as a fuel or used to produce's fuel?
( 1 y«« (X) no
If yes, go on to question (8a).
If no, go on to question (9). -
-------
8a.
!• the Material a commercial' chemical product that
exhibits a hazardous waste characteristic or IB listed
in 40 CFR 261.33 and that is produced to be burned as
fuel?
»••
I ] no
It yes, the material is not a solid waste.
If no, the activity results in burning tor
energy recovery, and the Material is a
solid waste. Bee applicable
regulations, below.
9. Is the Material used or reused
I ) as an ingredient in an industrial process to Bake
a new product without intermediate reclamation
(regeneration or recovery of Materials),
( ] as an effective substitute Cor commercial products
in a particular function or application, or
| ] as a substitute for raw Material feedstock in the
primary production process from which it was
generated, without being first reclaimed (a
closed-loop process)?
If any of the above apply, the activity is use or
reuse, and the Material is not a solid waste.
If none of the above apply, go on to question (10).
-0
10. is the Material regenerated or are materials with
recovered from the original material?
value
IX) yes
C ) no
Go on to question
If yes, the activity is reclamation.
(lOa).
If no, please review the definitions of activities in
this Manual and reconsider your answers, or
call the RCRA Hotline for assistance.
lOa. IB the material
(X) a hazardous waste listed under 40 CFR
261.31 or 261.32 (this provision
excludes commercial chemical products,
which are listed under 40 CFR 261.33),
( ) a spent material exhibiting one of the
characteristics of a hazardous waste
given in 40 CFR 261.20-.24, or
( ) a scrap metal?
If any of the above apply, the material is
a solid waste. See applicable
regulations, below.
If none of the above apply, go on to question
(lOb).
lOb. Is the Material
[ ) either a sludge or • by-product that
exhibits one of the characteristics of a
hazardous waste given in 40 CFR 261.20-
.24, and that is not listed under 40 CFR
261.31-.32, or
[ ) a commercial chemical product that ex-
hibits a hazardous waste characteristic
or is listed under 40 CFR 261.33?
If any of the above apply, the Material is
not a solid waste.
If none of the above apply, please review
the definitions of activities in this
Manual and reconsider your answers, or
call the RCRA Hotline for assistance.
Applicable Regulations
1. Is the waste exempt from regulation (see the list In Exhibit 6)?
t 1 y«» (X) no
If yes, the material is not regulated.
If no, the Material is regulated. See item (2), below.
2. The generator ot the contaminated methylene chloride Is subject
to requirements under 40 CFR 262. Transporters of the
contaminated Methylene chloride are subject to requirements under
40 CFR 263. Generators recycling the Methylene chloride on-slte,
off-site recyclers and other parties handling the Methylene
chloride prior to recycling May be subject to storage facility
requirements under 40 CFR 264 and 26S Subparts A through L.
Generators who store the methylene chloride for no more than 90
days In tanks or containers prior to recycling are subject only
to the requirements for accumulation undsr 40 CFR 262.34. The
• reclamation process Itself is not regulated. Residues derived
from recycling the methylene chloride Must be Managed as
hazardous wastes.
Discussiont
Because the contaminated methylene chloride is regenerated, the
activity is classified as reclamation. Listed spent materials that
are reclaimed are solid wastes and are thus subject to RCRA Subtitle C
regulation.
-------
RECLAMATION - SPENT MATERIAL 10
Description of Activity!
Contaminated methylene chloride that was used as a solvent in
Industrial applications (a halogenated spent material listed under EPA
Hazardous Waste Mo. F002) Is regenerated through distillation and
reused in the original process.
What Is ths status of the contaminated solvent?
Questions!
1. Is the material that Is recycled a secondary material?
[X) yes I ) no
If yes, go on to question (2).
If no, ths material is not a solid waste.
2. Is the material hazardous? (A material Is hazardous If It is
listed under. 40 CFR 261.30-.ll or .exhibits one of the
characteristics of a hazardous waste given in 40 CFR 261.20-.24,
and is not specifically excluded from the definition of hazardous
waste under 40 CFR 261.4(b).)
(X] y*s ( ) no
If yes, go on to question (1).
If no, the material Is not a solid waste.
3. Is the material specifically excluded from the definition of
solid waste under 40 era 261.4(a) (see the list in Exhibit 5)?
( ) y« (X) no
If yes, the material is not a solid waste.
If no, go on to question (4).
4. Is the material inherently waste-Ilka (see the list in Exhibit 4)7
( ) y« (X) no
If yss, the material Is a solid waste. See applicable
regulations, below.
If no, go on to question (9).
5. Does the activity ssrve a beneficial use?
(X] yes ( ) no
If yes, go on to question (6).
If no, the activity la not recycling, and the material
is a solid waste. See applicable regulations,
below.
Is there a feasible means for recycling the wests?
IX) yes I 1 no
If yes, go on to question (6a).
If no, go on to question (6b).
6a. Is at least 79 percent of the material recycled within
one calendar year?
CX) y«
( 1 no
fib.
If yes, go on to question (7).
Zf no, go on to question («b).
Is the material a commercial chemical product the*
exhibits a hazardous waste characteristic or Is listed
as a hazardous waste In 40 CFR 261.11?
( I yes
C 1 no
If yes, go on to question (7).
Zf no, the practice is speculative
accumulation, and the material is a
solid waste. See applicable
regulations, below.
Zs the material placed on the ground or used In e product that is
placsd on the ground?
( 1 y«» IX) no
If yes, go on to question (7a).
Zf no, go on to question (•).
7a.
Is the material a commercial chemical product that
exhibits a hazardous waste characteristic or is listed
in 40 CFH 261.11 that is produced for application to
the land?
( )
( ) no
If yes, the material is not a solid waste.
If no, the activity results in use
constituting disposal and the material
is a solid waste. See applicable
regulations, below.
Is the material used as a fuel or used to produce a fuel?
I ) y«« 1X1 no
If yes, go on to question (8a).
If no, go on to question (9).
-------
•a. Is the Baterial a commercial chemical product that
exhibits a tia*ardoua waate characteristic or is listed
in 40 cm 261.33 and that is produced to be burned ae
fuel?
I l yes ( 1 no
It yes, the Baterial is not a solid waste.
If no, the ectivity results in burning for
energy recovery, end the Baterlal is
a solid waste. See applicable regu-
latlons, below.
•. Is the Baterlal uaed or reueed
(1 as an ingredient in an industrial process to Bake
a new product without Intermediate reclamation
(regeneration or recovery of materiala),
( ) as an effective substitute for commercial products
in • particular function or application, or
11 ae a substitute for raw Baterial feedstock in the
primary production process from which it wee
generated, without being firet reclelmed (a
closed-loop process)?
If any of the above apply, the activity is use or
reuse, and the Baterial is not a solid waste.
If none of the above apply, go on to question (10).
10. Is the Baterial regenerated or are matarlele with
recovered froa the original Baterlal?
lOb. la the Baterlal
( 1 either a sludge or a by-product that
exhibits one of the characteristics of a
hasardoua waste given in 40 cm 261.30-
.24, and that is not listed under 40 cm
361.31-.32, or
( ] a commercial chemical product that exhi-
bits a haiardous waate characteristic or
is listed under 40 cm 361.33?
If'any of the above apply, the material is
not a solid waste.
If none of the above apply, please review the
definitions of activities in this manual
and reconsider your answers, or call the
RCRA Hotline for assistance.
applicable Regulationsi
1. Is the waste exempt from regulation (see the list in Exhibit 6)7
[ 1 yas
CXI
3.
value
o
0
(X) yes
I 1 no
If yes, the aotivlty is reclamation. Oo on to question
(lOa).
If no, please review the definitions of activities in
this Banual and reconsider your anawers, or
call the RCRA Hotline for assistance.
10s. Is the Baterial
( ] • haiardous waste listed under 40 cm
361.31 or 361.33 (this provision
excludes commercial chemical products,
which are listed under 40 CFR 361.33),
(X) a apant material exhibiting one of the
characteristics of a haiardous waate
given in 40 cm 261.30-.34, or
( ) a scrap metal?
If any of the above apply, the Baterlal is a
aolld waate. See applicable regula-
tions, below,
If none of the above apply, go on to question
(lOb).
If yes, the Baterial is not regulated.
If no. the material Is regulated. See Itea (3). below.
The generator of the waste sold is subject to requirements under
40 cm 263. Transporters of the spent acid are subject to
requirements under 40 cm 363. Generators recycling the spent
acid on-slte, off-site recyolere and other parties handling the
spent eold prior to recycling Bay be eubjeot to storage facility
requirements under 40 cm 264 end 269 Subparts A through L.
Generators who store the spent sold for no Bore than *0 days in
tanke or containers prior to recycling are subject only to the
requirements for accumulation under 40 cm 262.34. The reclama-
tion process itself is not regulated. Any residues from
recycling must be managed as hasardoue waates, if they themaelvea
exhibit any hatardoua waste characteristics .
Discussion!
Because the spent sold is regenerated, and Baterlal with value —
copper — is recovered, the ectivity is classified es reclamation.
characteristic epent materials that are reclaimed ere solid waetes end
thus are eubject to RCRA Subtitle C regulation.
see Also*
Other - Non-Secondary Material 6
-------
o
RECLAMATION - SPENT MATERIAL 11
Description of Activity:
Spent moid from a braae Mill (• •pant Mtarial «xhibiting the
characteristics of corroaivlty and EP-toxlclty) la reclaiaied for ita
coppar content. Tha copper la than raiiMd •• an ingredient In tha
production of braaa. Tha regenerated aold la raturnad to ita original
uaa.
What la tha atatua of tha apant acid?
Questionst
1. I* tha Mtarlal that la racyalad a •aoondary Mterial?
.(XJ Y«» I 1 no
If yaa, go on to guaatlon (a).
If no, tha Mtarlal la not a solid waata.
2. la tha material hasardoua? (A Mtarlal la hasardoua If It la
llatad undar 40 CFU 2fil.30-.33 or exhibits ona of tha
charactarlatlca of a hasardoua waata glvan In 40 CFR 2C1.20-.24,
and la not apaolflcally excluded from tha definition of hasardoua
waata undar 40 CPU 261.4(b).)
(X] yaa
I 1 no
If yaa, go on to guaation (3).
If no, tha material la not a aolid waata.
1. la tha Batarlal apaclflcally axcludad from tha daflnltlon of
aolid waata undar 40 CFR 261.4(a) (aaa tha Hat in Exhibit 5)7
( I y«»
(XI no
If yaa, tha Mterial la not a aolid waata.
If no, go on to question (4).
4. la tha Mtarial Inherently waata-lika (aaa tha liat in Exhibit 4)7
I 1 y«« [X] no
If yea, tha Material la a aolid waata. Sea applicable
regulation*, below. ,
If no, go on to guaation (5).
5. Doaa the activity aarve a beneficial uaa?
IX] y«« ( 1 no ,
If yea, go on to question (6).
If no, tha activity la not recycling, and the Material
la a aolid waste. See applicable regulations,
below.
la there a feasible Meana for recycling the waata?
(X) yea I | no
If yea, go on to quaation (6a).
If no, go on to quaation (6b).
6a. la at laaat 79 paroant of the Material recycled within
ona calendar year?
(X] yaa
( 1 no
If yea, go on to queation (7).
If no, go on to queation (6b).
6b. is the Material a coMMerclal cheMlcal product that
exhibita a hazardous waata characteristic or is Hated
aa a hasardous waata in 40 CPR 261.33?
[ ] yes I ) no
If yes, go on to queation (7).
If no, the practice is speculative accumula-
tion, and the material is a solid
waata. Sea applicable regulations,
below.
Is the material placed on the ground or used In a product that la
placed on tha ground?
( 1 yea
IX] no
If yea, go on to question (7a).
If no, go on to quaation (•).
7a. Is the material a commercial chemical product tht*:
exhibita a hasardoua waate characteristic or is llste-i
in 40 CPM 261.33 that is produced for application to
the land?
( 1 y«» ( 1 no
If yes, the material Is not • solid waste.
If no, the activity raaulta in uaa constitu-
ting diapoaal and the material is a
solid waste. See applicable regula-
tions, below.
Is the material used as a fuel or used to produce a fuel?
( 1 yea (XI no
If yes, go on to quaation (8a).
If no, go on to quaation (9).
-------
8a.
!• the material a commercial chemical product that
exhibits • hazardous waste characteristic or is listed
in 40 CPR 261.33 and that la produced to be burned as
fuel?
lOb. Is the material
[ 1
C 1 no
If yes, the material ia not a aolid waata.
If no, tha activity results in burning for
energy recovery, and tha Material ia a
aolid waste. See applicable
regulationa, below.
9. la tha Material used or reused
() aa an ingredient in an industrial process to make
a new product without intermediate reclamation
(regeneration or recovery of materials),
( J as an affective aubatituta for commercial products
in a particular function or application, or
( ] aa a substitute for raw Material feedstock in tha
primary production process from which it was
generated, without being flrat reclaimed (a
closed-loop process)?
If any of tha abova apply, tha activity ia use or
reuse, and the material is not a aolid waste.
If nona of tha abova apply, go on to question (10).
( ) aithar a aludga or a by-product that
exhibits one of the characteristics of a
hazardous waata given in 40 CFR 261.20-
.24, and that ia not Hated under 40 CFR
261.31-.32, or
( ] a commercial chemical product that ex-
hibits a hazardous waata characteristic
or ia Hated under 40 CFR 261.33?
If any of the abova apply, tha Material ia
not a aolid waata.
If nona of tha abova apply, please review
tha definitions of activities in thia
manual and reconsider your answers, or
call tha RCRA Hotline for aeslstance.
Applicable Regulations
1. Ia tha waata exempt from regulation (aaa tha liat in Exhibit 6)7
C 1 Y«»
(X) no
10.
Ia tha material regenerated or are
recovered from the original material?
materials with value
a
(X) yea
C 1
If yea, tha activity la reclamation. Go on to question
(lOa).
If no, please review the definitiona of activitiaa in
thla manual and reconaider your answers, or
call the RCRA Hotline for assistance.
loa. la tha material
(X) a hazardous waste Hated under 40 CFR
261.31 or 261.32 (thia proviaion
excludes commercial chemical producta,
which are Hated under 40 CRF 261.33),
| ) a spent Material exhibiting one of the
characteristics of a hazardous waste
given in 40 CFR 261.20-.24, or
( ] a scrap metal?
If any of the above apply, the material is
a solid waste. See applicable
regulations, below.
If none of the above apply, go on to question
(lOb).
If yes, tha Material ia not regulated.
If no, tha material ia regulated. Sea item (2), below.
Tha generator of tha spent carbon ia subject to requirements
under 40 CFR 262. Traneportera of tha apent carbon are aubject
to requirements under 40 CFR 263. Generators recycling the apent
carbon on-alta, off-aita racyclara and other parties handling the
apent carbon prior to recycling may be aubject to atoraga facili-
ty requirementa under 40 CFR 264 and 265 Subparta A through L.
Generatora who atora tha apent carbon for no more than 90 days in
tanks or containers prior to recycling are aubject only to the
requirementa for accumulation under 40 CFR 262.34. The reclama-
tion process Itself ia not regulated. Residues derived from
recycling tha spent carbon must be managed aa hazardoua wastes.
Discussion:
Because the spent carbon ia regenerated prior to reuse, the
activity is classified as reclamation. Listed spent materials that are
reclaimed are solid wastes and thus are subject to RCRA Subtitle C
regulation.
-------
RECLAMATION - SPENT MATERIAL 12
Daaoription of Activity!
Spent carbon from decolorisatlon operations In tha production of
veterinary pharaaceuticala fro» araanlo or organo-araenio coMpounda |a
apent material listed under EPA Hazardous Naste Mo. K102) is •
regenerated and reused in the original process.
What is the statue oC the spent carbon? <
Questions»
1. Is the Material that is recycled a secondary Material?
(X) yes ( ] no
If yes, go on to question (2).
1C no, the Material is not a solid vast*.
2. Is the Material hatardous? (A Material la haiardous it it ia
listed under 40 era 261.30-.13 or exhibits one of the
characteristics of a hasardoua-waste given in 40 cm 261.20-.24,
and la not specifically excluded tram the definition of hasardoua
waste under 40 CFR 2«1.4(b).)
IX] yes
( ) no
If yes, go on to question (3).
If no, the Material is not a solid wast*.
3. Is the Material specifically excluded froM the definition of
solid waste under 40 CPR 261.4(a) (aae the Hat in Exhibit 5)7
I )
(X) no
6. Is there a feasible Means for recycling the waste?
(XI y*» ( 1 no
If yes, go on to question (6a).
If no, go on to question (
-------
Ba. Is the material a commercial chemical product that
exhibits a hazardous wast* characteristic or la listed
in 40 CFR 261.33 and that i« produced to be burned as
fuel?
lOb. Is the Material
( 1 yes
C 1
If ysa, ths material is not • solid wast*.
If no, the activity results in burning for
energy recovery, and the material is
a solid waste. See applicable regu-
lations, below.
9. Is the material used or reused
| ) as an ingredient in an Industrial process to make
a new product without intermediate reclamation
(regeneration or recovery of materials),
( } as an effective substitute for commercial products
in a particular function or application, or
( ) as a substitute for raw material feedstock in the
primary production process from which it was
generated, without being first reclaimed (a
closed-loop process)?
If any of the above apply, the activity is use or
reuse, and the material is not a solid wast*.
If none of the above apply, go on to question (10).
10. Is the material regenerated or are materials with value
recovered from the original material?
[ ) either a sludge or a by-product that
exhibits one of the characteristics of a
hazardous waste given in 40 CFR 261.20-
.24, and that is not listed under 40 CFR
261.31-.32, or
( ) • commercial chemical product that exhi-
bits a hazardous wast* characteristic or
1* listed under 40 CFR 261.33?
If any of the above apply, the material is
not • solid wast*.
If none of the above apply, pleas* review the
definitions of activities in this manual
and reconsider your answers, or call the
RCRA Hotline for assistance.
Applicable Regulations!
1. Is the waste exempt from regulation (see the list in Exhibit 6)?
( )
(X) no
IXI yee
( ] no
O
-£.
If yes, the activity is reclamation. Go on to question
(lOa).
If no, please review the definitions of activities in
this manual and reconsider your answers, or
call the RCRA Hotline for assistance.
lOa. Is the material
( ) a hazardous waste listed under 40 CFR
261.31 or 261.32 (this provision
excludes commercial chemical products, •
which are listed under CFR 261.33),
(X) a spent material exhibiting one of the
characteristics of a hazardous waste
given in 40 CFR 261.20-.24, or
[ ] a scrap metal?
If any of the above apply, the material is a
solid waste. See applicable regula-
tions, below.
If none of the above apply, go on to question
(lob).
If yes, the material is not regulated.
If no, the material is regulated. Be* item (2), below.
2. The generator of the acid etching solution is subject to require-
ments under 40 CFR 262. Transporters of the acid etching solu-
tion are subject to requirements under 40 CFR 263. Generators
recycling the acid etching solution on-site, off-site recyclers
and other parties handling the acid etching solution prior to
recycling may be subject to storage facility requirements under
40 CFR 264 and 265 Subparts A through L. Generators who store the
acid etching solution for no more then 90 days in tanks or con-
tainers prior to recycling are subject only to the requirements
for accumulation under 40 CFR 262.34. The reclamation process
itself is not regulated. Residues from recycling the acid
etching solution must be managed as hazardous wastes if they
themselves exhibit any hazardous wast* characteristics.
Discussion!
Because material with value — the zina — is reclaimed from the
waate, the activity is classified as reclamation. Characteristic
spent materials that are reclaimed are solid wastes -and are thus
subject to RCRA Subtitle C regulation.
See Also! Us* Constituting Disposal - Spent Haterial 1
Other - Non-Secondary Haterial 7
Other - Non-Hazardous Secondary Material 3
Other - Non-Hazardous Secondary Material 4
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RECLAMATION - SPENT MATERIAL 13
Description of Activitvi
An acid etching solution (• •pant Material exhibiting the
characteristic of corroalvlty) la rsclaiaad Cor ita lino content. Tha
sine la than uaad aa an Ingradlant In paint Manufacture.
What la tha atatua or tha acid atchlng aolutlon?
Queationai
1. la tha uterlal that la recycled a aacondary material?
l*J yaa ( ) no
It yea, go on to quaation (2).
If no, tha Material la not a aolld waate.
2.
3.
4.
S.
la the Material hasardoua? (A Material la hasardoua 1C It la
Hated under 40 CFR 261. 30-. 31 or exhibita one of the
characterlatlca of a hasardoua waata given in 40 cm 261. 20-. 24.
and la not apaclflcally excluded froM the definition of hazardous
waata under 40 CFR 261. 4 (b).)
[X] yea
C 1 no
If yea, go on to queatlon (3).
If no, the Material ia not a aolid waate.
la the Material apeclflcally excluded froM the definition of
aolld waate under 40 CFR 261.4(a) (aae the Hat in Exhibit 5)7
*
t ) y«» (X] no
If yea, tha Material la not a aolid waate.
If no, go on to quaation (4).
la tha Material inherently waste-Ilk* (aee the Hat in Exhibit 4)7
( ) y«" (X) no
If yaa, tha Material la a aolid waate. See applicable
regulations, below.
If no, go on to quaation (S).
Doaa tha activity serve a beneficial uae?
[X) yea ( ) no
If yea, go on to queatlon (6).
If no, the activity ia not recycling, and the Material
la a aolid waste. See applicable ragulationa,
below.
Ia there a feaalble maana for recycling the waete?
(X) yea I J no
If yea, go on to quaation (b).
6a.
la at leaat 79 percent of the Material recycled
one calendar year?
within
fXJ yea
( 1 no
If yea, go on to question (7).
If no, go on to quaation (6b|.
6b. Ia the Material a couarolal chaMical product that
exhibita a hasardoua waate characteristic or is Hated
aa a hasardous waate in 40 CFR 261.33?
( I y«* ( 1 no
If yes, go on to question (7).
If no, the practice is speculative accuMUla-
tion, and the Material ia a aolld
waate. See applicable regulations,
below.
Ia the Material placed on the ground or uaed in a product that ia
placed on the ground?
( I Y««
(X) no
7a.
If yea, go on to quaation (7a).
If no, go on to quaation (•).
Ia the Material a coMaarcial cheMlcal product that
exhibita a hasardoua waate charaoteriatio or ia Hated
in 40 CFR 261.33 that ia produced for application to
the land?
( ) yaa
I 1 no
If yea, tha Material ia not a solid waate.
If no, the activity raaulta in uae constitu-
ting disposal and the Material ia a
aolld waate. See applicable regula-
tions, below.
Ia the Material uaed aa a fuel or uaed to produce °a fuel?
( 1 Y«« [X] no
If yea, go on to quaation (ia).
If no, go on to queatlon (9).
-------
!• the Material a commercial chemical product that
exhibits a hazardous waste characteristic or If listed
In 40 CPH 361.33 and that U produced to be burned as
fuel?
I 1 Y«"
I J no
If yes, the Material Is not a solid waste.
If no, the activity results in burning for
energy recovery, and the Material Is a
solid waste. Bee applicable
regulations, below.
9. Is the Material used or reused
I] as an Ingredient in an industrial process to Make
a new product without intermediate reclamation
(regeneration or recovery of Materials),
| ) as an effective substitute for commercial products
in a particular function or application, or
I ] as a substitute for raw Material feedstock in the
primary production process from which it was
generated, without being first reclaimed (a
closed-loop process)?
If any of the above apply, the activity is use or
reuse, and the Material is not a solid waste.
If none of the above apply, go on to question (10).
10.
Is the Material regenerated or are
recovered from the original material?
Materials with value
IX) yes
I ) no
If yes, the activity is reclamation. Go on to question
If no, please review the definitions of activities in
this manual and reconsider your answers, or
call the RCRA Hotline for assistance.
lOa. Is the Material
(X) a hazardous waste listed under 40 era
261.31 or 261.32 (this provision
excludes commercial chemical products,
which are lleted under 40 CFR 261.33),
( ] a spent material exhibiting one of the
characteristics of a hazardoua waste
given in 40 CFR 261.20-.24, or
I ] a scrap Metal?
If any of the above apply, the material is
a solid waste. See applicable
regulations, below.
If none of the above apply, go on to question
(lOb).
lob. Is the Material
( ) either a sludge or a by-product that
exhibits one of the characteristics of a
hazardoua waste given in 40 CFR 261.20-
.24, and that is not listed under 40 era
261.31-.32, or
[ ] a commercial chemical product that
exhibits a haiardous waste characteris-
tic or is listed under 40 CFR 261.33?
If any of the above apply, the Material is
not a solid waste.
If none of the above apply, please review
the definitions of activities in this
Manual and reconsider your answers, or
call the RCRA Hotline for assistance.
Applicable Regulations
1. Is the waste exempt from regulation (see the list in Exhibit 6)7
2.
C J Y««
|X) no
If yes, the Material is not regulated.
If no, the Material is regulated. See item (2), below.
The generator of the spent pickle liquor is subject to require-
ments under 40 CFR 262. Transporters of the spent pickle liquor
are subject to requirements under 40 CFR 263. Generatore
recycling the spent pickle liquor on-slte, off-site recyclers and
other parties handling the spent pickle liquor prior to recycling
May be subject to storage facility requirement* under 40 CFR 264
and 265 Subparts A through L. Generators who store the spent
pickle liquor for no More than 90 days in tanks or containers
prior to recycling are subject only to the requirements Cor
accumulation under 4O CFR 262.34. The reclamation process Itself
is not regulated. Any residues derived from recycling the spent
pickle liquor Must be Managed as haiardous wastes.
Discussion»
Because the pickle liquor is regenerated prior to reuse, the
activity is classified as reclamation. Listed spent Materials that
are reclaimed are solid wastes and are thus subject to RCRA Subtitle C
regulation.
-------
o
RECLAMATION - SPENT MATERIAL 14
Description of Activity!
Spent pickle liquor (a apant Material Hated under EPA Hasardoua
Haste No. K062) la regenerated by a liquid-liquid extraction process,
and reused in ateel pickling operationa.
What ia the atatua of the spent pickle liquor?
Questions!
1. Ia the Material that la recycled a secondary Material?
(X) yea I ) no
If yea, go on to quaation (2).
•If no, the Material la not a aolld waate.
2. la the Material hasardoua? (A Material ia hasardoua if it ia
liatad under 40 CFR 361.30-. 33 or exhibits one of the
characteristics of a hasardoua waste given in 40 CFR 261.20-.24,
and is not specifically excluded froM the definition of hasardoua
waata under 40 CFR 261.4(b).)
(X) yaa
I ] no
If yea, go on to question (3).
If no, the Material ia not a aolid waate.
3. la the Material apaciflcally excluded froM the definition of
solid waate under 40 CFR 261.4(a) (aee the liat in Exhibit 5)?
( )
(X] no
If yea, the Material ia not a aolid waate.
If no, go on to question (4).
4. Ia the Material inherently waste-like (see the list in Exhibit 4)7
C 1 y«s (X) no
If yea, the Material is a solid waata. See applicable
regulations, below.
If no, go on to question (S).
S. Does the activity serve a beneficial use?
(X) yea I ) no
If yee, go on to question (6).
If no, the activity ia not recycling, and the Material
is a aolid waata. Sea applicable regulations,
below.
Ia there a feaalble Means for recycling the waste?
(X) yes C 1 no
If yes, go on to question'(6a).
It no, go on to quaation (6b).
6a. Is at leaat 79 percent of the Material recycled within
one calendar year?
IX) yea
( 1 no
If yes, go on to question (7).
If no, go on to queatlon (6b).
6b. Is the Material a coMMercial chaMlcal product that
exhibits a hasardous waate characteristic or is listed
aa a hasardous waste in 40 CPR 261.33?
( ) y«" C 1 no
If yes, go on to question (7).
If no, the practice is apaoulatlve
accuMUlatlon, and the Material is a
•olid waste. See applicable
regulations, below.
Is the Material pieced on the ground or used in a product C.dt is
placed on the ground?
( ) yea
[XI no
If yes, go on to question (7a).
If no,.go on to quaation (•).
7a. Is the Material a coMMercial chaMlcal product that
exhibits a hasardous waste characteristic or is listed
in 40 CFR 261.33 that is produced for application to
the land?
( )
C } no
If yes, the Material la not a aolid waate.
If no, the activity reaulta in uae
conatltutlng disposal and the Material
la a aolld waate. See applicable
regulationa, below.
Ia the Material uaed aa a fuel or uaed to produce' a fuel?
( 1 y«» IX) no
If yea, go on to quaation (la).
If no, go on to question (9).
-------
8a.
It the material a commercial chemical product that
exhibits a hazardous waste characteristic or !• listed
In 40 CFR 261.33 and that Is produced to be burned aa
fuel?
lOb. !• the Material
( I Y«"
I ) no
If yes, the Material Is not a solid waste.
It no, the activity results In burning for
energy recovery, and the Material Is
a solid waste. See applicable regu-
lations, below.
9. Is the Material used or reused
( ] as an ingredient in an industrial process to Make
a new product without intermediate reclaMatlon
(regeneration or recovery of Materials),
[ ] as an effective aubstitute for commercial products '
in a particular function or application, or
f ) as a substitute for raw Material feedstock in the
primary production process from which it was
generated, without being first reclaimed (a
closed-loop process)?
If any of the above apply, the activity la use or
reuse, and the Material is not a solid waste.
If none of the above apply, go on to question (10).
10. Is the Material regenerated or are Materials with value
recovered from the original Material?
( ] either a sludge or • by-product that
exhibits one of the characteristics of a
hazardous waste given in 40 CPR 261.20-
.24, and that Is not listed under 40 CFR
261.31-.32, or
( ) a commercial chemical product that exhi-
bits a hazardous waate characteristio or
is listed under 40 CPR 261.33?
If any of the above apply, the Material le
not a solid waste.
If none of the above apply, please review the
definitions of activities In this Manual
and reconsider your answers, or call the
RCRA Hotline for assistance.
Applicable Regulations!
1. Is the waste exempt from regulation (see the list in Exhibit 6)7
C ) yes
IX] no
2.
(X) yes
I 1 no
If yes, the activity is reclamation. Go on to question
(lOa).
If no, please review the definitions of activities in
this Manual and reconsider your answers, or
call the. RCRA Hotline for assistance.
lOa. Is the Material
[ } a hazardous waste listed under 40 CFR
261.31 or 261.32 (this provision
excludes commercial chemical products,
which are listed under VFR 261.33),
(X) a spent Material exhibiting one of the
characteristics of a hazardous waste
given In 40 CFR 261.20-.24, or
[ ) a scrap metal?
If any of the above apply, the Material is a
solid waste. See applicable regula-
tions, below.
If none of the above apply, go on to question
(lOb).
If yes, the Material ie not regulated.
If no, the Material is regulated. Bee item (2), below.
The generator of the spent bright dipping solution is subject to
requirements under 40 CFR 262. Transporters of the spent bright
dipping solution are subject to requirements under 40 CFR 263.
Generators recycling the spent bright dipping solution on-site,
off-site recyolers and other parties handling the spent bright
dipping solution prior to recycling May be subject to storage
facility requirements under 40 CFR 264 and 265 Subparts A through
L. Generators who store the spent bright dipping solution for no
More than 90 days in tanks or containers prior to recycling are
subject only to the requirements for accumulation under 40 CFR
262.34. The reclamation process Itself is not regulated. Resi-
dues derived from recycling the spent bright dipping solution
must be Managed as hazardous wastes. If they themselves exhibit
any hazardous waste characteristics.
Dlscussiont
The initial ion exchange ' process is a reclamation step.
Characteristic spent materials that are reclaimed are solid wastes,
and are thus subject to RCRA Subtitle C regulation.
See Also:
Reclamation - Spent Haterlal 16
Reclamation - Spent Haterlal 17
-------
o
-O
RECLAMATION - SPENT MATERIAL IS
Description of Actlvltvi
Spent bright dipping solution — • phosphoric acid/nitric acid
solution — (• spent material exhibiting the characteristic of
corroalvlty) goea through an Ion exchange process. Aluminum IB
recovered from the realn (which !• BP-toxio) and !• treated with
aulfuric acid to product aluminum sulfate. Th« liquid (which also
exhiblta corroaivlty) !• further evaporated and recondenaed to ramova
impurltlaa, and the purified aold la rauaed in the bright dipping
process.
Hhat la the atatua of the spent bright dipping aolution?
Questions!
1. la the Material that la recycled a secondary material?
(X) yea ( 1 no
If yea, go on to quaatlon (2).
If no, the material la not a aolld waata.
2. la the material hasardoua? (A material la hasardoua if it ia
Hated under 40 CPU 261.30-. 33 or exhibits one of the
characteriatlcs of a hasardoua waate given in 40 CFR 261.20-.24,
and ia not specifically excluded fro* the definition of hacardoua
waata under 40 CFR 261.4(b).)
(XI yea
( ] no
If yea, go on to question (3).
If no, the material ia not a aolid waste.
3. la the material specifically excluded from the definition of
solid waste under 40 CFR 261.4(a) (Bee the Hat in Exhibit 5)7
( 1 yes (X) no
If yea, the material ia not a aolld waata.
If no, go on to question (4).
4. IB the material inherently waste-like (aee the Hat in Exhibit 4)7
I 1 yea (X] no
If yea, the material la a aolid waste. See applicable
regulations, below.
If no, go on to question (5).
5. Does the activity serve a beneficial use?
[X) yea ( ) no
If yea, go on to question (6).
If no, the activity is not recycling, and the material
la a aolid waste. See applicable regulations,
below.
6. la there a feasible means Cor recycling the waate?
(X] yes ( 1 no
If yea, go on to question (Ca).
If no, go on to question (6b).
6a. Is at laaat 75 percent of the material recycled within
one calendar year?
(XJ yes
I J no
If yes, go on to question (7).
If no, go on to question (6b).
6b. Is the material a commercial chemical product that
exhlbita a hasardoua waate characteristic or is Hate*.
as a hasardoum waste in 40 CFR 261.33?
( )
I ) no
If yes. go on to question (7).
If no, the practice is speculative accumula-
tion, and the material is a solid
vaata. Sea applicable regulationa,
below.
7. la the material placed on the ground or uaed in a product that la
placed on the ground?
I 1 Y««
1*1
If yes, go on to question (7a).
If no, go on to question (•).
7a. la the material a commercial chemical product that
exhibits a hasardoua waate characteristic or ia Hated
in 40 CFR 261.31 that is produced for application to
the land?
I I y«»
( 1 no
If-yes, the material is not a solid waste.
If no, the activity reaults in uae constitu-
ting disposal and the material la a
solid waate. See applicable regula-
tions, below.
a. la the material used as a fuel or used to produce a fuel?
( ] yea (X) no
If yea, go on to question ((a).
If no, go on to question (9).
-------
aa.
Is the Material a commercial chemical product that
exhibits a hazardous wasta characteristic or is listed
in 40 CFR 261.33 and that is produced to be burned as
fuel?
I ) Y««
( )
1C yes, the Material is not a solid waste.
If no, the activity results in burning Cor
energy recovery, and the Material is a
solid waste. See applicable
regulations, below.
9. Is the Material used or reused
( ) as an ingredient in an industrial process to Make
a new product without intermediate reclamation
(regeneration or recovery of Materials),
( ] as an effective substitute for commercial products
in a particular function or application, or
( J as a substitute Cor raw Material feedstock in the
primary production process from which it was
generated, without being first reclaimed (a
closed-loop process)?
1C any oC the above apply, the activity is use or
reuse, and the Material is not • solid waste.
1C none of the above apply, go on to question (10).
10. Is the material regenerated or are materials with
recovered Crom the original material?
lOb. Is the material
[ ) either a sludge or a by-product that
exhibits one of the characteristics of a
hazardous waste given in 40 CFR 261.20-
.24, and that is not listed under 40 CFR
261.31-.32, or
( ) a commercial chemical product that
exhibits a hazardous waste
characteristic or is listed under 40 CFR
261.33?
1C any oC the above apply, the material is
not a solid waste.
1C none of the above apply, please review
the definitions oC activities in this
Manual and reconsider your answers, or
call the RCRA Hotline Cor assistance.
Applicable Regulations
*' «?» **** Proo*M •*••»* tram regulation (see the list in Exhibit
I 1 Y«" IXJ no
1C yes, the Material Is not regulated.
1C no, the Material is regulated. See item (2),
below.
value
2.
o
[X] yes
( 1 no
1C yes, the activity is reclamation. Co on to question
(lOa).
1C no, please review the definitions oC activities in
this manual and rsconslder your answers, or
call the RCRA Hotline Cor assistance.
lOa. Is ths material
I ) a hazardous waste listed under 40 CFR
261.31 or 261.32 (this provision
excludes commercial chemical products,
which are listed under CFR 261.33),
(X) a spent material exhibiting one of the
characteristics of a hazardous waste
given in 40 CFR 261.20-.24, or
( ) a scrap metal?
If any oC the above apply, the material is
a solid waste. See applicable
regulations, below.
If none of the above apply, go on to question
(lOb).
The generator oC the liquid la subject to requirements under 40
CFR 262. Transporters of the liquid are subject to requirements
under 40 CFR 263. Generators recycling the liquid on-slte, off-
slte recyclers and other parties handling the liquid prior to
recycling may be subject to storage facility requirements under
40 CFR 264 and 26S Subparts A through L. Generators who store
the liquid for no more than 90 days in tanks or containers prior
to recycling are subject only to the requirements Cor accumula-
tion under 40 CFR 262.34. The reclamation process itselC le not
regulated. Residues derived Crom recycling must be managed as
hazardous wastes, 1C they themselves exhibit any hazardous waste
characteristics.
DiscussIoni
.The liquid is a product oC the reclamation oC a. characteristic
spent material. Such materials are not solid wastes themselves unless
they exhibit a hazardous characteristic and (a) are placed on the
ground in a manner constituting disposal, (b) are burned as a fuel, or
(c) must be further reclaimed before they can be reused. In this case
the liquid exhibits corroslvity, and further reclamation steps —
evaporation and recondensation — are required before the liquid can
be reused. Thus the liquids are solid wastes and therefore are sub-
ject to RCRA Subtitle C regulation.
See Alsoi Reclamation - Spent Material 15
Reclamation - Spent Material 17
-------
RECLAMATION - SPEMT MATERIAL 16
Description of Activltyi
Spent bright dipping •olution — • phosphoric acid/nitric acid
•olutlon — (• spent Material exhibiting the characteristic of corro-
•Ivlty) goea through an Ion exchange process. Aluminum !• recovered
from th« resin (which !• EP-toxio) and !• treated with sulfurlc acid
to produce aluminum aulfate. The liquid (which also exhibit* corroai-
vity) la further evaporated and recondenaed to remove Impuritlea, and
the purified acid la reuaad In the bright dipping proceaa.
What la the atatua of the corroalve liquid that muat be
evaporated and recondenaed before reuaa?
Queatlonat
1. la the material that la recycled a aecondary Material?
(X) yea [ J no
If yea, go on to queatlon (2).
If no, the material la not a aolld mate.
a. la the Material hasardoua? (A Material la hasardoua if It la
Hated under 40 CPR 161.30-. 33 or exhibits one of the
characterlatlca of a hasardoua waate given In 40 CFR 261.20-.24,
and la not apeclfically excluded from the definition of hasardoua
waate under 40 CfR 261.4(b).|
IX) ya
t 1 "«>
It yes, go on to queation (3).
If no, the Material la not a aolld waate.
3. la the Material apeclfically excluded from the definition of
aolid waate under 40 CPR 261.4{a) (aee the Hat in Exhibit 5)?
( )
{X] no
If yea, the Material la not a aolid waate.
If no, go on to question (4).
4. la the Material Inherently waate-llke (aee the Hat in Exhibit 4)7
( ) yea (X) no
If yea, the Material la a aolld waate. See applicable
regulation*, below.
If no, go on to queatlon (5).
5. Doea the activity aerve a beneficial uae?
(XI yea ( | no
If yea, go on to queatlon (6).
If no, the activity la not recycling, and the material
la a aolld waste. See applicable regulations,
below.
la there a feaalble Meana for recycling the waate?
fX) ye* I ) no
If yea, go on to queation (6a).
If no, go on to queation (6b).
6a. la at leaat 7S percent of the material recycled within
one calendar year?
(X) yea
I 1 no
If yea, go on to queatlon (7).
If no, go on to queatlon (6b).
6b. la the Materiel a commercial chemical product that
exhlbita a hasardoua waate characteriatio or la Hated
aa a hasardoua waate in 40 CPR 261.33?
I 1 yes
( 1 no
If yea, go on to queation (7).
If no, the. practice is speculative
accumulation, and the material la a
aolid waate. See applicable
regulations, below.
la the material placed on the ground or uaed in a product that la
placed on the ground?
I )
fXJ no
If yea, go on to queation (7a).
If no, go on to queation (•).
7a. la the Material a commercial chemical product that
exhibits a hasardoua waate characteristic or is listed
in 40 CFR 261.33 that is produced for application t
the land?
( 1 yea
( 1 no
If yes, the Material la not a aolld waate.
If no, the activity reaults In uae
constituting disposal and the material
la a aolid waate. See applicable
regulatlona, below.
IB the Material uaed aa a fuel or uaed to produce a fuel?
I 1 y«s fXJ no
If yes, go on to question («a).
If no, go on to queatlon (9).
-------
8a. Is the material a commercial chemical product that
exhibits a hazardous waste characteristic or is listed
in 40 CFR 261.33 and that is produced to be burned as
fuel?
I ) y««
I ) no
If yes, the material Is not a solid waste.
If no, the activity results in burning for
energy recovery, and the material is a
solid waste. See applicable
regulations, below.
9. Is the material used or reused
() as an ingredient in an industrial process to make
a new product without intermediate reclamation
(regeneration or recovery of materials),
( ) as an effective substitute for commercial products
in a particular function or application, or
( ) as a substitute for raw material feedstock in the
primary production process from which it was
generated, without being first reclaimed (a
closed-loop process)?
If any of the above apply, the activity is use or
reuse, and the material Is not a solid waste.
If none of the above apply, go on to question (10).
10. is the material regenerated or are materials with value
recovered from the original material?
(X) yes
( )
If yes, the activity is reclamation. Go on to question
(loa).
If no, please review the definitions of ectivlties in
this manual and reconsider your answers, or
call the RCRA Hotline for assistance.
lOa. is the material
( ) a hazardous waste listed under 40 CFR
261.31 or 261.32 (this provision
excludes commercial chemical products,
which are listed under CFR 261.33),
(X) a spent material exhibiting one of the
characteristics of a hazardous waste
given in 40 CPR 261.20-.24, or
( ] a scrap metal?
If any of the above apply, the material is
a solid waste. See applicable
regulations, below.
If none of the above apply, go on to question
(lob).
lob. Is the Material
( ] either a sludge or a by-product that
exhibits one of the characteristics of a
hazardous waste given in 40 CPR 261.20-
.24, and that is not listed under 40 CPR
261.31-.32, or
I J a commercial chemical product that
exhibits • hazardous waste
characteristic or is listed under 40 CPR
261.33?
If any of the above apply, the material is
not a solid waste.
If none of the above apply, please review
the definitions of activities in this
manual and reconsider your answers, or
call the RCRA Hotline Cor assistance.
Applicable Regulations
1. is the waste exempt from regulation (see the list in Exhibit 6)7
2.
C J
IX) no
If yes, the material is not regulated.
If no, the material is regulated. See item (2),
below.
The generator of the resin is subject to requirements under 40
CPR 262. Transporters of the resin are subject to requirements
under 40 CPR 263. Generators recycling the resin on-site, off-
site recyclers and other parties handling the resin prior to
recycling may be subject to storage facility requirements under
4O CFR 264 and 265 Subparts A through L. Generators who store the
resin for no more than 90 days in tanks or containers prior to
recycling are subject only to the requirements for accumulation
under 40 CFR 262.34. The reclamation process itself is not
regulated. Residues from recycling must be managed as hazardous
wastes, if they themselves exhibit any hazardous waste
characteristics .
Discussion!
The resin is a residue derived from the reclamation of a
characteristic spent material. Such residues are solid wastes if they
themselves exhibit a hazardous characteristic. In this case, the
resin (which exhibits EP-toxlclty) is further reclaimed for Its
aluminum content, which Is used in the production of aluminum sulfate.
Because the resin is hazardous, it is a solid waste and is subject to
RCRA Subtitle C regulation.
Sea also; Reclamation - Spent Material IS
Reclamation - Spent Material 16
-------
RECLAMATION - SPENT MATERIAL 17
Description of Activity!
Spent bright dipping solution ~ • phosphoric •cid/nitrio acid
aolution — (a apant aaterial exhibiting tha charaotariatio of
corroalvity) goaa through an ion axhanga procaaa. Aluminum ia
racovarad froB tha raain (which is EP-toxio), and ia traatad with
aulfurlo acid to produca aluminum eulfata. Tha liquid (which alao
exhibits corroalvity) ia further evaporated and racondanaad to remove
impurities, and tha purltiad aaid la rauaad in tha bright dipping
process.
What ia tha atatua of tha raain prior to being reclaimed?
Questlonei
1. Is tha Batarial that la recycled • aacondary material?
(XI y«» [ J no
It yea, go on to question (2).
If no, tha Batarial ia not a aolld waata.
2. la tha Batarial hasardoua? (A Batarial ia hasardoua it it la
liatad under 40 CFR 261.30-. 33 or exhibits ona of tha
characterletlea of a hasardoua waata glvan in 40 CFR 261.20-.24,
and la not specifically axcludad from tha definition of hasardoua
waata under 40 CFR 361.4(b).)
(X) yea
I 1 no
If yea, go on to question (3).
If no, tha Batarial ia not a aolid waata.
3. Is tha Batarial specifically axcludad froa tha definition of
aolid waata under 40 CFR 261.4(a) (sea tha list in Exhibit 5)7
( )
(XJ no
If yes, tha Batarial is not • aolld wast*.
If no, go on to question (4).
4. Is tha Batarial inherently waste-like (aaa tha Hat in Exhibit 4)7
( 1 y«« (X] no
If yes, tha Batarial is a solid waata. Sea applicable
regulations, balow.
If no, go on to question (5).
5. Does the activity serve a beneficial use?
(X] yea ( ] no
If yes, go on to question (6).
If no, the activity is not recycling, and the Material
is a solid waste. See applicable regulations,
below.
Is there a feasible Beans for recycling the waata?
(X) yes I 1 no
If yea, go on to question (6a).
If no, go on to question (fib).
Ca. Is at laaat 79 percent of thai Batarial recycled within
ona calendar year?
|X) yas
( 1
If yea, go on to question (7).
If no, go on to question (6b).
6b. Is tha Batarial a ooBBerolal ohaBlcal product that
exhibits a hasardous waate characteristic or is listed
as a hasardoua waata In 40 CFR 261.33?
C 1 V««
C I no
It yes, go on to question (7).
If no, tha practice ia speculative
accumulation, and the Batarial is a
solid wast*. Baa applicable
regulations, balow.
la tha Batarial placed on tha ground or used in a product that is
placed on tha ground?
[ 1
no
% If yas, go on to question (7a).
If no, go on to question (a).
7a. Is tha Batarial a couaralal chemical product that
exhibits a hasardoua waata characteristic or is liatad
.in 40 CFR 261.33 that is produced for application to
the land?
C 1
t 1 no
If yas, the Baterlal is not a solid wasta.
If no, tha activity results in use
constituting disposal and tha Batarial
is a solid waata. Baa applicable
regulations, below.
Is the Batarial used as a fuel or used to produca -a fuel?
I 1 y«» [XI no
If yes, go on to question (8a).
If no, go on to question (9).
-------
8a.
Is the material a commercial chemical product that
exhibits a hazardous waste characteristic or is listed
in 40 CFR 261.33 and that is produced to be burned as
fuel?
I 1 Y«»
( 1 no
If yes, the Material is not a solid waste.
If no. the activity results in burning for
energy recovery, and the Material is a
solid waste. See applicable
regulations, below.
9. Is the Material used or reused
I 1 as an ingredient In an industrial process to Make
a new product without inteniedlate reclamation
(regeneration or recovery of Materials),
( ] as an effective substitute for commercial products
in a particular function or application, or
( ) as a substitute for raw Material feedstock in the
priMary production process tram which it was
generated, without being first reclalMad (a
closed-loop process)?
If any of the above apply, the activity is use or
reuse, and the Material is not a solid waste.
If none of the above apply, go on to question (10).
10. is the Material regenerated or are Materials with
recovered from the original Material?
value
(X] yes
( 1 no
If yes, the activity is reclamation. Go on to question
(lOa).
If no, please review the definitions of activities in
this manual and reconsider your answers, or
call the RCRA Hotline for assistance.
lOa. Is the material
(X] a haiardous waste listed under 40 CFR
261.31 or 261.32 (this provision
excludes commercial chemical products,
which are listed under 40 CFR 261.33),
[ ) a spent material exhibiting one of the
characteristics of a hacardous waste
given in 40 CFR 261.20-.24, or
( ) a scrap metal?
If
the material is
See applicable
any of the above apply,
a solid waste.
regulations, below.
If none of the above apply, go on to question
(lOb).
lOb. Is the Material
( ) either a sludge or a by-product that
exhibits one of the characteristics of a
hazardous waste given in 40 CFR 261.20-
.24, and that is not listed under 40 CFR
261.31-.32, or
[ ) a coMMerolal chemical product that ex-
hibits a hacardous waste characteristic
or is listed under 40 CFH 261.33?
If any of the above apply, the Material is
not a solid waste.
If none of the above apply, please review
the definitions of activities in this
Manual and reconsider your answers, or
call the RCRA Hotline for assistance.
Applicable Regulations
1. Is the waste exempt from regulation (see the list in Exhibit 6)7
C ) Y«» 1*1 no
If yes, the Material is not regulated.
If no, the Material is regulated. See item (2),
below.
The. generator of the spent solvents is subject to requirements
under 40 CFR 262. Transporters of the spent solvents are subject
to requirements under 40 CFR 263. Generators recycling the spent
solvents on-site, off-site reoyclers and other parties handling
the spent solvents prior to carbon adsorption may be subject to
storage facility requirements under 40 CFR 264 and 26S Subparts A
through L. Generators who store the spent solvents for no more
than 90 days in tanks or containers prior to recycling are sub-
ject only to the requirements for accumulation under 40 CFR
262.34. The reclamation process itself is not regulated. Any
residues derived from recycling the spent solvents must be
managed as hacardous wastes.
Discuss ion i
Because the solvents are regenerated, the process is classified
as reclamation. Listed spent Materials that are reclaimed are defined
as solid wastes and are thus subject to RCRA Subtitle .C regulation.
-------
RECLAMATION - SPENT MATERIAL 18
Description of Activity;
Spent solvents oontaMlnated by inks used In the printing and
publishing (graphic arts) industry (spent Materials listed under EPA
Hazardous Haste Mo. K066) are recovered in carbon adsorption systeBB,
regenerated and returned to their original use.
Hhat is the status of the spent solvents?
Questions;
1. ,I» the Material that is recycled a secondary Material?
IX] yes I j no
If yes, go on to question (2).
If no, the Material is not a solid waste.
2. Is the Material hasardous? (A Material is bazardoua if it Is
listed under 40 CFR 26l.30-.ll or exhibits one of the
characteristics of a hasardous waste given in 40 CFR 261.20-.24,
and is not specifically excluded froM the definition of hasardous
waste under 40 CFR 261.4(b).)
(X) yes
C 1 no
If yes, go on to question (3).
If no, the Material la not a solid waste.
3. Is the Material specifically excluded froM the definition of
solid waste under 40 CFR 261.4 (a) (see the list in Exhibit 5)7
( I V"
(X) no
If yes, the Material is not a solid waste.
If no, go on to question (4).
4. IB the Material inherently waste-like (see the list in Exhibit 4)7
( J y«« (X] no
If yes, the Material is a solid waste. See applicable
regulations, below.
If no, go on to question (S).
5. Does the activity serve a beneficial use?
[X] yes ( ] no
If yes, go on to question (6).
If no, the activity is not recycling, and the Material
is a solid waste. Sea applic
below.
applicable regulations.
Is there a feasible Means for recycling the waste?
(X) yes I J no
If yes, 90 on to question (6a).
If no, go on to question (6b).
6a. Is at least 75 percent of the Material recycled within
one calendar year?
[X] yes
I 1
If yes, go on to question (7).
If no, go on to question (6b).
6b. Is the Material a ooMMerolsl cheMioal product that
exhibits a hazardous waste characteristic or Is listed
as a hazardous waste in 40 CFR 261.31?
( )
I 1 no
If yes, go on to question (7).
If no, the practice is speculative
acouMUlation, and the Material is a
solid waste. See applicable
regulations, below.
Is the Material placed on the ground or used In a product that is
placed on the ground?
I 1
(X) no
If yes, go on to question (7a).
If no, go on to question (•).
7s. Is the Material a coMBercial cheMioal product that
exhibits a hazardous waste characteristic or Is listed
in 40 CFR 261.33 that is produced for application to
the land?
)
I 1 no
If yes, the Material is not a solid waste.
If no, the activity results In use
constituting disposal and the .Material
is a solid waste. See applicable
regulations, below.
Is the Material used as a fuel or used to produce a fuel?
( I y«« (X) no
If yes, go on to question (8s).
If no, go on to question (9).
-------
Ba.
!• the material a commercial chemical product that
exhibits a hazardous wast* characterietic or i« listed
in 40 CFR 261.33 and that IB produced to be burned aa
fual?
lOb. la tha material
( 1 yes
( 1
1C yaa, th« material la not a aolid waata.
If no, tha activity raaulta in burning for
energy recovery, and tha material is a
aolid waata. Sea applicable
regulatlona, below.
9. la tha material uaad or rauaad
[1 aa an ingredient in an industrial procass to make
a new product without intermediate reclamation
(regeneration or recovery of materials),
( l aa an affactiva aubatitute for commercial products
in a particular function or application, or
[ ] as • substitute for raw material feedstock in the
primary production process from which it was
generated, without being first reclaimed (a
cloaad-loop process)?
If any of the above apply, the activity is use or
reuse, and the material is not a solid waste.
If none of the above apply, go on to question (10).
( ) either e sludge or a by-produot that
exhibits one of the characteristics of a
hasardous waste given in 40 CFR 261.20-
.24. and that is not listed under 40 CFR
261.31-.32, or
I ) a commercial chemical product that
exhibits a hazardous waste
characteristic or is listed under 40 CFR
261.33?
If any of the above apply, the material is
not a solid waste.
If none of the above apply, please review
the definitions of activities in this
manual and reconsider your answers, or
call the RCRA Hotline for assistance.
Applicable Regulations
1. Is the waste exempt from regulation (see the list in Exhibit 6)7
( I Y-«
(X] no
10.
Is the material regenerated or are
recovered from the original material?
materials with value
(XJ yee
If yes.
If no,
[ 1 no
the activity la reclamation. Go on to question
(lOa).
pleaae review the definitions of activities in
thia manual and reconsider your answers, or
call the RCRA Hotline for assistance.
lOa. Is the material
(X) a hazardoua waste listed under 40 CFR
261.31 or 261.32 (this provision
excludea commercial chemical products,
which are Hated under CFR 261.33),
[ ) a apent material exhibiting one of the
characteristics of a hazardous waste
given in 40 CFR 261.20-.24, or
[ ) a acrap metal?
If any of the above apply, the material is
a solid waste. Sea applicable
regulations, below.
If none of the above apply, go on to question
(lOb).
If yes, the material is not regulated.
If no, the material is regulated. See item (2), below.
2. The generator of the spent cyanide plating bath is subject to
requirements under 40 CFR 262. Transporters of the spent cyanide'
plating bath are aubject to requirements under 40 CFR 263.
Generators recycling the spent cyanide plating baths on-site,
off-eite recyolers and other parties handling the spent cyanide
plating baths prior to recycling may be subject to storage
facility requirements under 40 CFR 264 and 265 Subparts A through
L. Generators who store the spent cyanide plating bath for no
more than 90 days in tanks or containers prior to recycling are
subject only to the requirements for accumulation under 40 CFR
262.34. The reclamation process itself is not regulated. Any
residues derived from recycling the spent cyanide plating baths
must be managed as hazardous wastes.
Discussion;
Since evaporation of the plating bath solution saparatea tha -
liquid and solid constltuenta for recovery and reuse, the evaporation
process constitutes reclamation. Listed spent materials that are
reclaimed are aolid waates and are thus subject to RCRA Subtitle C
regulation.
See also:
Other - Non-Secondary 8
Reclamation - Spent Material 20
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RECLAMATION - SPEMT MATERIAL 19
Description ot Activitvi
A spent oyanida plating bath aolutlon fro* alaotroplatlng
oparatlona (a apant material listed undar IPA Hasardoua Haata No.
F007) goa* through an avaporatlon prooasa to separate ita liquid and
aolld conatltuanta. Tha llqulda ara purified in actlvatad carbon bade,
yielding water, which la recycled to tha rinsing oparatlona. Tha
aollde ara directly racyolad to tha plating operations.
What la tha atatua ot tha spent oyanida plating bath?
Questlonei
1. !• tha material that is recycled a secondary •etarial?
(XI yea ( 1 no
If yea, go on to question (2).
If no, tha •atarlai la not a solid wasta.
a. la tha material haaardous? (A material la haiardous if it la
lieted under 40 CFR 261.30-.33 or exhibits ona of tha
characteristics of a hasardoua waata givan In 40 CFR 261.20-.24,
and ia not specifically excluded froa tha definition of hasardoua
wasta undar 40 CFR 261.4(b).|
(X) yea
( ) no
If yes, go on to question (3).
If no, the material ia not a.solid wasta.
3. Ia tha material specifically excluded from tha definition of
solid waste under 40 CFR 261.4(a) (aee the Hat In Exhibit 5)7
( ) y** (X) no
If yes, the material ia not a solid wasta.
If no, go on to question (4).
4. Is the material Inherently waste-like (see tha list in exhibit 4)7
C 1 y« CX] no
If yea, tha material la a aolld waste. See applicable
regulationa, below.
If no, go on to quaation (5).
5. Does the activity serve a beneficial uae?
(X) yes I ) no
If yes, go on to question (6).
If no, the activity ia not recycling, and the material
is a aolid waate. See applicable regulations,
below.
S. la there a feasible means for recycling tha waata?
(X) yas | 1 no
If yes, go on to question (6a).
If no, go on to question (sb).
*
6a. Is at least 75 percent of tha material racyolad within
ona calendar year?
(X] yas
I 1 «o
If yas, go on to question (7).
If no, go on to question («b).
6b. Is tha materiel a commercial chemical product that
axhiblta a hacardous waata characteriatlo or is listed
as a hazardous wasta in 40 CPR 2«1.33?
J
I 1 no
If yes, go on to quaation (7).
If no, tha practice is speculative
accumulation, and the material is a
•olid wasta. Sea applicable
regulationa, below.
7. Is tha material placed on tha ground or usad in a product that la
placed on the ground?
C 1
IX) no
If yea, go on to question (7a).
If no, go on to quaation (•).
7a. Is tha material a commercial chemical product that
exhibits a'hasardoua waste characteristic or is listed
in 40 CFR 2C1.33 that is produced for application to
tha land?
( )
( 1 no
If yas, tha'Material is not a solid wasta.
If no, tha activity raaults in use
constituting disposal and tha material
is a solid wasta. Sea applicable
regulations, below.
a. Is the material used as a fuel or usad to produce- a fuel?
( ) yas (XI no
If yas, go on to question (8a).
If no, go on to quaation (9).
-------
8a.
IB the Material a commercial chemical product that
•xhiblts a hasardous wast* characteristic or la Hated
in 40 CPU 361.33 and that !• produced to be burned as
fuel?
I I y««
t I
If yes, the Material ia not a solid waste.
If no, the activity results in burning for
energy recovery, and the Material ia a
•olid waste. • See applicable
regulations, below.
9. la the Material uaad or reused
I J as an ingredient in an Industrial process to Make
a new product without interaediate reclamation
(regeneration or recovery of Materials),
[ ] as an effective substitute for couerclal products
in a particular function or application, or
[ ] as a substitute for raw Material feedstock in the
priMary production proceas from which it was
generated, without being first reclaimed (a
closed-loop proceaa)?
If any of the above apply, the activity ia use or
reuse, and the Material is not a solid waste.
If none of the above apply, go on to question (10).
10. is the Material regenerated or are
recovered from the original Material?
Materials with value
(X) yes
« yes.
[ 1 no
Go on to question
the activity ia reclamation.
(lOa).
If no, please review the definitions of activities in
this Manual and reconsider your answers, or
call the RCRA Hotline for assistance.
lOa. Is the Material
(X) a hasardous waste Hated under 40 CFR '
261.31 or 261.32 (this provision
excludes commercial chemical products,
which are listed under CFR 261.33),
( ] a spent material exhibiting one of the
characteristics of a hazardous waste
given in 40 CFR 261.20-.24, or
( ) a scrap metal?
If any of the above apply, the Material is
a solid waste. See applicable
regulations, below.
If none of the above apply, go on to question
(lob).
lob. Is the Material
[ ) either a sludge or a by-product that
exhibits one of the eharacteriatics of a
hasardous waate given in 40 CFR 261.20-
.24, and that is not Hated under 40 CFR
261.31-.32, or
[ ] a commercial chemical product that
exhibits a hacardoua waste
characteristic or is listed under 40 CFR
261.33?
If any of the above apply, the Material is
not a solid waate.
If none of the above apply, please review
the definitions of activities in this
Manual and reconsider your answers, or
call the RCRA Hotline for aaaistance.
Applicable Regulations
1. Is the waat* exempt from regulation (see the list in Exhibit 6)7
2.
I J y««
CX) no
If yes, the Material is not regulated.
If no, the Material is regulated. See Item (a), below.
The generator of the liquids is subject to requirements under 40
CFR 262. Transporters of the liquids are subject to requirements
under 40 CFR 263. Generators recycling the liquids on-slte, off-
site recycler* and other parties handling the liquids prior to
recycling May be subject to storage facility requirements under
4O CFR 264 and 26S Subparts A through L. Generators who store
the liquids for no More than 90 days in tanks or containers prior
to recycling are subject only to the requirements for accumula-
tion under 40 CFR 262.34. The reclamation process itself is not
regulated. Any residues derived from recycling the liquids must
be managed as hasardous wastes.
Discussion!
The liquids are a product of the reclamation of a listed hasardous
waste. Such products are not solid wastes themselves unless they (a)
are placed on the ground in a Manner constituting disposal, (b) are
burned as a fuel, or (c) Must be further reclaimed before they can be
reused. In this case, the liquids thus Must go through activated
carbon adsorption before the purified water is recycled to the rinsing
operations. Purification of the liquids constitutes further
reclamation. Therefore, the liquids are a solid waate and are subject
to RCRA Subtitle C regulation.
See also:
other - Non-Secondary Material •
Reclamation - Spent Material 19
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RECLAMATION - SPENT MATERIAL 20
Description ot Activity!
A spent cyanide plating bath volution from electroplating
operation* (a apent material Hated under BPA Hasardous Mast* No.
P007) goa* through an evaporation proceea to separate ita liquid and
•olid constituent*. The liquids are purified in activated carbon
beds, yielding water, which is recycled to the rinsing operations.
The solids are directly recycled to the plating operations.
What is the status of the liquid Materials that Bust be purified
before they are recycled to the rinsing operations?
Questions! '
1. Is the material that is recycled a secondary material?
t«) V«» I 1 no
If yes, go on to question (a).
If no, the material is not a solid wast*.
2. Is the material haiardous? (A material is hasardous if it ia
listed under 40 CFR 261.30-. 33 or exhibit* one of the
characteristics of a hasardous wasts given in 40 CFR 261.20-.24,
and is not specifically excluded from the definition of hasardous
waste under 40 CFR 261.4(b).)
IX]
I 1 no
If ye*, go on to question (3).
If no, the material is not a solid wast*.
3. I* the material specifically excluded from the definition of
•olid wast* under 40 CFR 261.4(a) (••• the Hat in Exhibit 5)7
( 1 y«« (X) no
If yes, the material i* not a solid wast*.
If no, go on to question (4).
4. Is ths matsrial Inherently waste-like (see the list in Exhibit 4)7
( I y«« (X) no
If ye*, the material 1* a solid wasts. Sss applicable
regulations, below.
If no, go on to question (5).
5. Does ths activity aerve a beneficial use?
(X) yes ( ) no
If yes, go on to question (6).
If no, the activity is not recycling, and the material
is a solid waste. See applicable regulations,
below.
6. Is there a feasible means for recycling the waste?
(X] yes ( I no
If yes, go on to question (6a).
If no, go on to question (6b).
6a. is at least 75 percent of the material recycled wltbin
on* calendar year?
(X) ye*
I } no
If ye*, go on to question (7).
If no, go on to question (6bj.
6b. I* the material • commercial chemical product thai.
exhibit* a hasardous wast* characteristic or 1* Hated
a* a hazardous wast* in 40 CFR 261.33?
)
I ) no
If yea, go on to question (7).
If no, the practice }.* apaoulatlve
accumulation, and the material 1* a
•olid wast*. See applicable
regulation*, below.
7. I* the material placed on the ground or uaed in a product that la
placed on the ground?
I 1
[X| no
If y*», go on to question (7s).
If no, go on to question (•).
7a. Is the material • commercial chemical product that
exhibit* a hasardous wast* characteristic or is listed
in 40 CFR 261.33 that 1* produced for application to
the land?
( 1 Y««
( 1 no
If yes, the material 1* not a solid wast*.
If no, the activity results in use
constituting disposal and the material
is a solid wast*. Bee applicable
regulation*, below.
•. I* the material uaad a* a fuel or used to produce '• fuel?
I 1 y«» IX) no
If yes, go on to question (la).
If no, go on to question (9).
-------
8a.
Is the material • commercial chemical product that
exhibits a hazardous wast* characteristic or is listed
in 40 CPR 261.33 and that is produced to be burned as
fuel?
lob. Is the Material
I 1 y««
[ 1 no
It yes, the Material is not a solid waste.
If no, the activity results in burning for
energy recovery, and the Material is •
solid wests. See applicable
regulations, below.
9. Is the Material used or reused
[ ) as an ingredient in an industrial process to Make
• new product without intermediate reclamation
(regeneration or recovery of Materials) ,
( ) as an effective substitute for commercial products
in a particular function or application, or
( ] as • substitute for raw Material feedstock in the
primary production process from which it was
generated, without being first reclaimed (a
closed-loop process)?
If any of the above apply, the activity is use or
reuse, and the Material is not a solid waste.
If none of the above apply, go on to question (10).
[ ) either • sludge or a by-product that
exhibits one of the characteristics of a
hazardous waste given in 40 CPR 261.20-
.24, and that is not listed under 40 CPR
261.31-.32, or
[ ) a commercial chemical product that ex-
hibits • hazardous waste characteristic
or is listed under 40 CPR 261.33?
If any of the above apply, the Material is
not a solid waste.
If none of the above apply, please review
the definitions of activities in this
Manual and reconsider your answers, or
call the RCRA Hotline for assistance.
Applicable Regulations
1. Is the waste exempt froM regulation (see the list in Exhibit 6)7
I 1 y««
[XJ no
10.
Is the Material regenerated or are
recovered from the original Material?
Materials with value
O
[XI yes
C 1 no
If yes, the activity is reclamation. Go on to question
(lOa).
If no, please review the definitions of activities in
this Manual and reconsider your answers, or
call the RCRA Hotline for assistance.
lOa. Is the Material
(X) a hazardous waate listed under 40 CFR
261.31 or 261.32 (this provision
. excludes commercial chemical products,
which are Hated under 40 CFR 261.33),
( ) a spent material exhibiting one of the
characteristics of a hazardous waste
given in 40 CFR 261.20-.24, or
( ] a scrap Metal?
If any of the above apply, the Material is
a solid waste. See applicable
regulations, below.
If none of the above apply, go on to question
(lob).
If yes, the Material is not regulated.
If no, the Material is regulated. See item (2), below.
2. The generator of the spent solvents is subject to requirements
under 40 CFR 262. Transporters of the spent solvents ere subject
to requirements under 40 CPR 263. Generators recycling the spent
solvents on-site, off-site recyclers and other parties handling
the spent solvents prior to distillation May be subject to
storage facility requirements under 40 CPR 264 and 265 Subparts A
through L. Generators who stors the spent solvents for no more
than 90 days in tanks or containers prior to recycling are sub-
ject only to the requirements for accumulation under 40 CFR
262.34. The reclamation process itself is not regulated. Any
residues derived from recycling the spent solvents must be
managed as hazardous wastes.
Discussions
Because the solvents are regnerated through distillation, the
process is classified as reclamation. Listed spent Materials that are
• reclaimed are solid wastes and are thus subject to RCRA Subtitle C
regulation.
-------
RECLAMATION - SPENT MATERIAL 21
Description of Activity;
Spent solvents from scouring and degreasing operations In the
wool industry, contaminated vlth lanolin and other greases, (spent
•atarlals listed under KPA Hazardous Haste Mos. F001-F005) are
distilled and reused in the original process.
What is the status of ths spsnt solvents?
Questions»
1. Is the Material that is recycled a secondary material?
[X] yes I 1 no
If yes, go on to question (2).
If no, the material is not a solid vasts.
2. Is the Material haiardous? (A material is hasardous if it is
listed under 40 CFR 261.30-.I) or exhibits one of the
characteristics of a hasardous waste given in 40 CFR 2fil.20-.24,
and is not specifically excluded from the definition of hasardoua
waste under 40 CFR 261.4(b).)
(XJ yes
( 1 no
If yes, go on to question (3).
If no, ths material is not a solid waste.
3. Is the material specifically excluded from the definition of
solid waste under 40 CFR 261.4(a) (see the list in Exhibit 5)7
( ) yes (X) no
If yes, the material is not a solid waste.
If no, go on to question (4).
4. Is the material Inherently waste-like (see the list in Exhibit 4)7
( ) yes [X] no
If yes, ths material is a solid waste. See applicable
regulations, below.
If no, go on to queatlon (5).
5. Does the activity serve a beneficial use?
[XJ yes ( J no
If yes, go on to question (6).
If no, the activity is not recycling, and the material
is a solid waste. See applicable regulations,
below.
Is there • feasible means for recycling the waste?
•
[X) yes i j no
If yes, go on to question (6a).
If no, go on to question (fib).
•a. Is at least 79 percent of the material recycled within
one calendar year?
[XI yes
( ] no
If yes, go on to question (7).
If no, go on to question (fib).
fib. is the material • commercial chemical product that
exhibits a hasardous waste characteristic or is listed
as a hasardous waste in 40 CFR 261.33?
I ) V** ( ) no
If yes, go on to question (7).
If no, the practice is speculative
accumulation, and the material is a
•olid waste. See applicable
regulations, below.
Is the material pieced on the ground or used in a product that is
plsced on the ground?
I 1 yes
[XJ no
If yes, go on to question (7a).
If no, go on to question (•).
7a. Is the material a commercial chemical product that
exhibits a hasardous waste characteristic or is listed
in 40 CFR 261.33 that is produced for application to
the land?
[ 1
( ) no
If yes, the material is not a solid waste.
If no, the activity results in use
constituting disposal and the material
is a solid waste. See applicable
regulations, below.
Is the material used as a fuel or used to produce' a fuel?
[ ) yas (X) no
If yes, go on to question (8a).
If no, go on to question (9).
-------
8a. Is the material a commercial chemical product that
exhibits a hazardous waste characteristic or «"•*•*
in 40 CFR 261.33 and that is produced to be burned as
fuel?
If yes, the Material is not a solid waste.
If no, the activity results in burning for
energy recovery, and the Material Is
a solid waste. See applicable regu-
lations, below.
9. Is the Material used or reused
[1 as an ingredient in an industrial process to Make
a new product without Intermediate reclamation
(regeneration or recovery of Materials),
I 1 as an effective substitute for commercial products
in a particular function or application, or
[1 as a substitute for raw Material feedstock in the
primary production process from which it was
generated, without being first reclaimed (a
closed-loop process)?
If any of the above apply, the activity is use or
reuse, and the material is not a solid waste.
If none of the above apply, go on to question (10).
lOb. Is the material
( ] either a sludge or a by-product that
exhibits one of the characteristics of •
hazardous waste given in 40 CFR 261.20-
.24, and that is not listed under 40 CFR
261.31-.32, or
( ) a commercial chemical product that exhi-
bits a hazardous waste characteristic or
is listed under 40 CFR 261.33?
If any of the above apply, the Material is
not a solid waste.
If none of the above apply, please review the
definitions of activities in this Manual
and reconsider your answers, or call the
RCRA Hotline for assistance.
Applicable Regulations!
1. Is'the waste exempt from regulation (see the list in Exhibit 6)?
I 1 Y««
[X]
2.
10. is the Material regenerated or are Materials
recovered from the original material?
with value
(X) yes C ] no
If yes, the activity is reclamation. Co on to question
If no, please review the definitions of activities in
this manual and reconsider your answers, or
call the RCRA Hotline for assistance.
lOa. la the material
(X)
a hazardous waste listed under 4O CFR
261.31 or 261.32 (this provision
excludes commercial chemical products,
which are listed under 40 CFR 261.33),
( ) a spent material exhibiting one of the
characteristics of a hazardous waste
given in 40 CFR 261.20-.24, or
I ) a scrap metal?
If any of the above apply, the material is a
solid waste. See applicable regula-
tions, below.
If none of the above apply, go on to question
(lob).
If yes, the material 1st not regulated.
If no, the Material is regulated. See item (2), below.
The generator of the spent acetone is subject to requirements
under 40 CFR 262. Transporters of the acetone are subject to
requirements under 40 CFR 263. Generators recycling the acetone
on-site, off-site recyclers and other parties handling the
acetone prior to recycling may be subject to storage facility
requirements under 40 CFR 264 and 265 Subparts A through L.
Generators who store the acetone for no More than 90 days in
tanks or containers prior to recycling are subject only to the
requirements for accumulation under 40 CFR 262.34. The
reclamation process itself is not regulated. Any residues
derived from recycling the acetone Must be Managed as hazardous
wastes.
Discussion!
Because the acetone is regenerated, the process is dsfined as
reclamation. Listed spent materials that are reclaimed are solid
wastes and thus are subject to RCRA Subtitle C regulation.
-------
IP
RECLAMATION - SPENT MATERIAL 22
Description of Activityi
Spent acetone used in cleaning processes (a spent Material listed
und.r BPA Hazardous Haste No. FOOJ) ie redistilled in an acetone
recovery Machine and reuaed for cleanup.
What la the atatua of the spent acetone?
Question*!
1. Is the Material that Is recycled a secondary Material?
(X) V«» ( ] no
If yes, go on to question (2).
If no, the Material is not a solid waste.
2. Is the Material hazardous? (A Material is hazardous if it is
listed under 40 CPR 261.30-.33 or exhibits one of the
characteristics of a hasardoua waste given in 40 CPU
261.20-.24, and is not specifically excluded froM the
definition of hazardous waate under 40 CFR 261.4(b).)
(X) yes
( I no
It yes, 90 on to question (3).
If no, the Material is not a solid waste.
3. Is the Material specifically excluded fro. the definition of
solid waste under 40 CFR 261.4(a) (aee the list in Exhibit
t
(X] no
If yes, the Material is not a solid waate.
If no, go on to question (4).
4. Is the Material inherently waste-like (see the list in
Exhibit 4)?
( 1 yes
(X| no
If yes, the Material 1* a solid waste. See applicable
regulations, below.
If no, go on to question (5).
5. Does the activity serve a beneficial use?
(X) yes ( ) no
If yes, go on to question (6).
If no, the activity is not recycling, and the Material
is a solid waste. See applicable regulations,
below.
6. Is there a feasible Means for recycling the waste?
(X] yes ( ) no
If yes, go on to question (6a).
If no, go on to question |6b).
6a. Is at least 75 percent of the Material recycled within
one calendar year?
(X) yes
C I no
If yes, go on to question (7).
If no, go on to question <6b).
6b. Is the Material a commercial chemical product that
exhibits a hazardous waste characteristic or is listed
as a hazardous waate in 40 CFR 261.33?
f J yes C 1 no
If yes, go on to question (7).
If no, the practice is speculative accumula-
tion, and the Material is a solid
waste. See applicable regulations,
below.
7. Is the Material placed on the ground or used in a product
that is placed on the ground?
I 1 V««
|X] no
If yes, go on to question (7a).
If no, go on to question (•).
7a. Is the Material a commercial chemical product that
exhibits • hazardous waste characteristic or is listed
in 40 CFR 261.33 that is produced for application to
the land?
( ]
[ 1 no
If yes, the Material is not a solid waste.
If no, the activity results in use constitu-
ting disposal and the Material is a
solid waste. See applicable regula-
tions, below.
8. Is the Material used as a fuel or used to produce a fuel?
( ] y«» (X] no
If yes, go on to question (8a).
If no, go on to question (9).
-------
8a.
!• the material a commercial chemical product that
exhibits a hazardous wast* characteristic or is listed
in 40 CFR 261.33 and that is produced to be burned as
fuel?
lob. Is the material
If Y««,
If no.
I 1 no
the material is not a solid waste.
the activity results in burning for
energy recovery, and the material Is
a solid waste. See applicable regu-
lations, below.
9. Is the Material used or reused
as an Ingredient in an Industrial process to make
a new product without intermediate reclamation
(regeneration or recovery of materials),
as an effective substitute for commercial products
in • particular function or application, or
[ ) as a substitute for raw material feedstock in the
primary production process from -which it was
generated, without being first reclaimed (a
closed-loop process)?
( 1
( ) either • sludge or a by-product that
exhibits one of the characteristics of a
hazardous waste given in 40 CFR 261.20-
.24, and that is not listed under 40 CFR
261.31-.32, or
( ) a commercial chemical product that exhi-
bits * hazardous waste characteristic or
is listed under 40 CFR 261.33?
If any of the above apply, the material is
not a solid waste.
If none of the above apply, please review the
definitions of activities in this manual
and reconsider your answers, or call the
RCRA Hotline for assistance.
Applicable RegulationsI
1. Is the waste exempt from regulation (see the list in Exhibit 6)?
I 1
(X] no
If
any of the above apply, the activity is use or
reuse, and the material la not a solid waste.
If none of the above apply, go on to question (10).
10.
Is the material regenerated or arc materials
recovered from the original material?
with value
yes
|XJ
If yes
If no.
C 1
the activity is reclamation. Go on to question
(lOa).
please review the definitions of activities in
this manual and reconsider your answers, or
call the RCRA Hotline for assistance.
lOa. Is the material
( ) a hazardous waste listed under 40 CFR
261.31 or 261.32 (this provision
excludes commercial chemical products,
which are listed under 40 CFR 261.33),
(X) a spent material exhibiting one of the
characteristics of a hazardous waste
given in 40 CFR 261.2O-.24, or
( ] a scrap metal?
If any of the above apply, the material is a
solid waste. See applicable regula-
tions, below.
If none of the above apply, go on to question
(lob).
If yes, the material is not regulated.
If no, the material is regulated. See Item (2), below.
2. The generator of the plating bath rinsewater is subject to
requirements under 40 CFR 262. Transporters of the rinsewater
are subject to requirements under 40 CFR 263. Generators
, recycling the rlnsewater on-site, off-site recyclers and other
parties handling the rinsewater prior to recycling may be subject
to storage facility requirements under 40 CFR 264 and 265
Subparts A through L. Generators who store the rinsewater for no
more than 90 days in tanks or containers prior to recycling are
subject only to the requirements for accumulation under 40 CFR
262.34. The reclamation process itself is not regulated. Residues
derived from recycling the rlnsewafcer must be managed as
hazardous wastes, if they themselves exhibit .any hazardous
characteristics.
Discussion:
The reverse osmosis and evaporation processes are reclamation
steps. Characteristic spent materials that are reclaimed are solid
wastes and thus are subject to RCRA Subtitle C regulation.
See Also:
Other - Non-Secondary Material 14
-------
RECLAMATION - SPENT MATERIAL 23
Description of Activity!
Plating bath rlnsewatars froM coppar and sine electroplating
operations (spent Material* exhibiting tha characteristic of EP-
toxicity) ara concantratad In • reverse osaosis system and an
•vaporator. Tha dlatlllata, which does not exhibit hazardous
characterlatlea, Is recyclad a* procaaa watar. The concentrate, which
exhibits the characteristic of EP-toxlclty, is recycled to the
plating baths.
What lu the atatus of the plating bath rlnsawaters?
Questions;
1. Is the Material that ie recycled a secondary Material?
(X] yes ( ) no
If yes, go on to question (2).
If no, the Material is not a solid waste.
2. Is the Material hazardous? (A Material Is hazardous If it is
listed under 40 CPR 261.30-.13 or exhibits one of the
characteristics of a hazardous waste given in 40 CFR
261.20-.24. and is not specifically excluded froM the
definition of hazardous waste under 40 CPR 261.4(b).)
4.
S.
[XJ yes
( 1 no
If yes, go on to question (3).
If no, the Material is not a solid waste.
Is the Material specifically excluded from the definition of
solid waste under 40 CFR 261.4(a) (see the list in Exhibit
5)7
I 1 y«» IX] no
If yes, the Material is not a solid waste.
If no, go on to question (4).
Is the Material inherently waste-like (see the list in
Exhibit 4)7
( )
(X) no
If yes, the Material is a solid waate. See applicable
regulations, below.
If no, go on to question (5).
Does the activity serve a beneficial use?
(X) yes ( ] no
If yes, go on to question (6).
If no, the activity is not recycling, and the Material
is a solid waste. See applicable regulations,
below.
Is there a feasible Means for recycling the waste?
(X] yes I 1 no
If yes, go on to question (6a).
If no, go on to question |6b).
6a.
Is at least 75 percent of the Material recycled within
one calendar year?
IX] yes
( 1 no
6b.
If yes, go on to question (7).
If no, go on to question (6b).
Is the Material a coBMrcial chemical product that
exhibits a hasardous waste characteristic or is listed
as a hazardous waste in 40 CFR 261.33?
C 1 yes
( ] no
If yes, go on to question (7).
If no, the practice is speculative accumula-
tion, and the Material is a solid
wasts. Bee applicable regulations,
below.
Is the Material placed on the ground or used in a
that is placed on the ground?
product
I J y«»
|XJ no
7a.
If yes, go on to question (7a).
If no, go on to question (s).
Is the Material a commercial chemical product that
exhibits a hazardous waste characteristic or is listed
in 40 CFR 261.33 that is produced for application to
the land?
I J yes
( ) no
If yes, the Material is not a solid waste.
If no, the activity results in use constitu-
ting disposal and the Material is s
solid waste. See applicable regula-
tions, below.
Is the Material used as a fuel or used to produce a fuel?
C ) y«« IX) no
If yes, go on to question (8a).
If no, go on to question (9).
-------
Ba. Is the Material a commercial chemical product that
exhibits a hazardous waste characteristic or is listed
In 40 CFR 261.33 and that is produced to be burned as
fuel?
lOb. Is the Material
[ I y«»
I 1 no
IB
If yea, the Material la not a aolid waste.
It no, the activity results In burning for
energy recovery, and the Material Is
a solid waate. See applicable regu-
lations, below.
the Material used or reused
( 5 as an Ingredient In an Industrial process to Make
a new product without Intermediate reclamation
(regeneration or recovery of Materials),
( ) as an effective substitute for commercial products
in a particular function or application, or
[ ] as a substitute for raw Material feedstock in the
primary production process from which it was
generated, without being first reclaimed (a
closed-loop process)?
If any of the above apply, the activity is use or
reuse, and the Material is not a solid waste.
If none of the above apply, go on to question (10).
( ) either a sludge or • by-product that
exhibits one of the characteristics of a
hazardous waste given in 40 CFR 261.20-
.24, and that is not listed under 40 CFR
261.31-.32, or
( ) a commercial chemical product that exhi-
bits a hazardous waste characteristic or
is listed under 40 CFR 261.33?
If any of the above apply, the Material is
not a solid waste.
If none of the above apply, please review the
definitions of activities in this Manual
and reconsider your answers, or call the
RCRA Hotline for assistance.
Applicable Regulations!
1. Is the waste exempt froM regulation (see the list In Exhibit 6)7
C J Y«"
t 1 •»
10.
Is the Material regenerated or are Materials
recovered from the original Material?
with value
(X) yes
( 1 no
If yes, the activity is reclamation. Go on to question
(lOa).
If no, please review the definitions of activities In
this Manual and reconsider your • answers, or
call the RCRA Hotline for assistance.
lOa. Is the Material
(X] a hazardous waate listed under 40 CFR
261.31 or 261.32 (this provision
excludes commercial chemical products,
which are listed under 40 CFR 261.33),
( ) a spent Material exhibiting one of the
characteristics of a hazardous waste
given in 40 CFR 261.20-.24, or
( J a scrap Metal?
If any of the above apply, the Material la a
solid waste. See applicable regula-
tions, below.
If none of the above apply, go on to question
(lOb).
If yes, the Material is not regulated.
If no, the Material la regulated. See IteM (2), below.
2. The generator of the spent Methanol is subject to requirements
under 40 CFR 262. Transporters of the Methanol are subject to
requirements under 40 CFR 263. Generators recycling the Methanol
on-slte, off-site recyclers and other parties handling the
Methanol prior to the on-slte recycling May be subject to storage
facility requirements under 40 CFR 264 and 265 Subparts A through
L. Generators who store the Methanol for no More than 90 days In
tanka or containers prior to recycling are subject only to the
requirements for accumulation under 40 CFR 262.34. The
reclamation process itself is not regulated. Residues derived
from recycling the Methanol Must be Managed as hazardous wastes.
Discussion;
Because the Methanol is regenerated, the activity is claaaified
as reclamation. Listed spent Material that are reclaimed are aolld
wastes and are subject to RCRA Subtitle C regulation.
See Also:
Other - Non-Secondary Haterlal IS
-------
RECLAMATION - SPENT MATERIAL 24
Description of Activity!
Spent Methanol that was used as a solvent in pharmaceutical
Manufacturing operations (a spent Material listed under EPA Hasardoua
Haste No. F003) goes through a reclamation process on site that
regenerates the Methanol to better than 99.5 percent purity. When
sent off-site for reuse In a variety ot Manufacturing processes, it
must undergo further reclamation.
What la the statua of the spent Methanol?
Questions;
1. Is the Material that is recycled a secondary Material?
1X1 yes ( ] no
If yes, go on to question (2).
If no, the Material is not a solid waste.
2. la the Material hasardoua? (A Material is hasardoua if it is
listed under 40 CFR 261.30-.33 or exhibits one of the
characteristics of a haiardoua waate given in 40 CFR
261.20-. 24, and la not apeclflcally excluded from the
definition of hasardous waste under 40 CFR 261.4(b).)
(X) yea
( 1 no
If yes, go on to question (3).
If no, the Material is not a solid waste.
3. Is the Material specifically excluded from the definition of
solid waate under 40 CFR 261.4 (a) (aae the list in Exhibit
y«s
(XI no
If yes, the Material is not • solid wast*.
If no, go on to question (4).
4. IB the Material Inherently waste-like (see the list in
Exhibit 4)7
( )
(X) no
If yes, the Material is a solid waate. See applicable
regulations, .below.
If no, go on to question (5).
5. Does the activity serve a beneficial use?
IXJ yes [ j no
If yes, go on to question (6).
If no, the activity la not recycling, and the material
is a solid waste. See applicable regulations,
below.
Is there a feasible Means for recycling the waste?
IX) yes | J no
If yes, go on to question (6a).
If no, go on to question (6b).
6a. Is at least 75 percent of the Material recycled within
one calendar year?
(X] yea
( 1 no
If yes, 90 on to queation (7).
If no, go on to question (6b).
6b. Is the Material a commercial chemical product that
exhibits a hazardous waste characteristic or is listed
as a hasardous waste in 40 CFR 261.33?
( ) yes { J no
If yes, go on to question (7).
If ho, the practice is speculative accumula-
tion, and the Material is a solid
waate. See applicable regulations,
below.
Is the Material placed on the ground or used'in a product
that is placed on the ground?
( 1 Y"
(X) no
If yes, go on to question (7a).
If no, go on to question (•).
7a. Is the Material • commercial chemical product that
exhibits a hasardous waste characteristic or is listed
in 40 CFR 261.33 that is produced for application »o
the land?
I )
[ ) no
If yes, the Material la not • solid waate.
If no, the activity results in use constitu-
ting disposal and the Material IB •
solid waste. See applicable regula-
tions, below.
Is the Material used as a fuel or used to produce a fuel?
I } y««
IX] no
If yes, go on to question (Ba).
If no, go on to question (9).
-------
8a. Is the Material a commercial chemical product that
exhibits a hazardous waste characteristic or is listed
in 40 CFR 261.33 and that is produced to be burned, as
fuel?
( 1 y*i I 1 no
If yes, the material is not a solid waste.
If no, the activity results in burning for
energy recovery, and the Material is
a solid waste. See applicable regu-
lations, below.
9. Is the Material used or reused
( ) as an ingredient in an industrial process to Make
a new product without Intermediate reclamation
(regeneration or recovery of Materials),
( ) as an effective substitute for commercial products
in a particular function or application, or
I ) as a substitute for raw Material feedstock in the
primary production process from which it was
generated, without being first reclaimed (a
closed-loop process)?
If any of the above apply, the activity is use or
reuse, and the Material is not a solid waste.
If none of the above apply, go on to question (10).
10.
Is the material regenerated or are materials
recovered from the original material?
with value
CA
IX) yes
If y««.
( J no
Go on to question
the activity is reclamation.
(lOa).
If no, please review the definitions of activities in
this manual and reconsider your answers, or
call the RCRA Hotline for assistance.
lOa. Is the material
( ) a hazardous waste listed under 40 CFR
261.31 or 261.32 (this provision
excludes commercial chemical products,
which are listed under 40 CFR 261.33),
(X) a spent material exhibiting one of the
characteristics of a hazardous waste
given in 40 CFR 261. 20-. 24, or
( ) a scrap metal?
If any of the above apply, the material is a
solid waste. See applicable regula-
tions, below.
If none of the above apply, go on to question
(lOb).
lOb. Is the Material
[ ) either a sludge or • by-product that
exhibits one of the characteristics of •
hazardous waste given in 40 CFR 261.2O-
.24, and that is not listed under 40 CFR
261.31-.32, or
( ) a commercial chemical product that exhi-
bits a hazardous waste characteristic or
is listed under 40 CFR 261.33?
If any of the above apply, the Material is
not • solid waste.
If none of the above apply, please review the
definition* of activities in this Manual
and reconsider your answers, or call the
RCRA Hotline for assistance.
Applicable Regulations!
1. Is the waste exempt from regulation (see the list in Exhibit 6)?
( 1 y«» fX] no
If yes, the Material is not regulated.
If no, the Material is regulated. See item (2), below.
2. The generator of the waste etchants is subject to requirements
under 40 CFR 262. Transporters of the etchants are subject to
requirements under 40 CFR 263. Generators recycling the etchants
on-site, off-site recyclers and other parties handling the
etchants prior to recycling May be subject to storage facility
requirements under 40 CFR 264 and 265 Subparts A through L.
Generators who store the etchants for no more than 90 days in
tanks or containers prior to recycling are subject only to the
requirements for accumulation under 40 CFR 262.34. The
reclamation process itself is not regulated. Residues from
recycling the etchants must be managed as hazardous wastes, if
they themselves exhibit any hazardous waste characteristics.
Discussioni
Because the etchants are regenerated, the process is classified
as reclamation. Characteristic spent materials that are reclaimed are
solid wastes and thus are subject to RCRA Subtitle C regulation.
See Also; Other - Non-Hazardous secondary Material 8
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RECLAMATION - SPENT MATERIAL 25
Description of Activity!
Haste etchants containing chromium end sulfurlo acid from
surface-finishing operation*, (• spent material exhibiting the charac-
teristic* of EP-toxiclty and corrosivity), are treated with a sub-
atrate, producing trlvalent chromium. The other metala (which do not
exhibit hazardous characterlatlca) are transferred to a catholyte and
then sold to a secondary amelter for reclamation, leaving a
regenerated atenant.
What Is the status of the waste etchants?
Questiona;
1. Is the material that Is recycled a secondary material?
.(X) yss [ ) no
If yes, go on to question (2).
If no, the material Is not a solid waste.
2. Is the material hasardous? (A material Is hasardous If It Is
listed under 40 CFR 261.30-.33 or exhibits one of the
characteristics of a hasardoua waste given In 40 CFR
261.20-.24, and Is not specifically excluded from the
definition of hasardous waste under 40 CPR 261.4(b).)
(X) yes
( ) no
If yes, go on to question (3)*
If no, the material Is not a solid waste.
Is the material specifically excluded from the definition of
solid waate under 40 CFR 261.4(a) (see the list In Exhibit
5)?
( )
CXI
If yes, the meterial la not a solid waste.
If no, go on to question (4).
Is the material
Exhibit 4)7
I J y«»
If y«s.
Inherently waste-like (see the list In
(XJ no
the material Is a solid waste.
regulations, below.
If no, go on to question (5).
Does the activity serve a beneficial use?
W yes I ] no
See applicable
If yes,
If no.
go on to question (6).
and the material
the activity Is not recycling,
Is a solid waate. See applicable regulations,
below.
Is there a feasible means for recycling the waste?
(X) yes ( ) no
If yes, go on to question (6a).
If no, go on to question (6b).
6s.
Is at least 75 percent of the material recycled within
one calendar year?
[X] yes
( 1 no
If yes, go on to question (7).
If no, go on to question (6b).
6b. Is the material a commercial chemical product that
exhibita a hasardous waste characteristic or Is listed
as a hazardous waste in 40 CFR 241.33?
( ] y«» I ) no
If yes, go on to question (7).
If no, the practice is speculative accumula-
tion, and the materiel is a solid
waste. See applicable regulations,
below.
Is the material placed on the ground or used in a product
that la placed on the ground?
( )
(X) no
If yes, go on to question (7a).
If no, go on to question (•).
7a. Is the materiel a commercial chemical product that
exhibits a hasardous waste characteristic or is listed
in 40 CFR 261.33 that Is produced for application to
the land?
[ ] yes [ 1 no
If yes, the material is not a solid waste.
If no, the activity results In use constitu-
ting disposal and the material is a
solid waste. See applicable regula-
tions, below.
Is the materiel need as a fuel or used to produce a. fuel?
( I y«» (X) no
If yes, go on to question (Sa). ,
If no, go on to question (9).
-------
Ba.
Is the Material a commercial chemical product that
exhibit* a hazardous waste characteristic or is listed
in 40 CFR 261.33 and that is produced to be burned as
fuel?
i i y««
if yes,
if no,
( 1 no
the material is not a solid waste.
the activity results in burning for
energy recovery, and the Material is
a solid waste. See applicable regu-
lations, below.
9. Is the Material used or reused
f 1 as an ingredient in an industrial process to Make
a new product without intermediate reclamation
(regeneration or recovery of Materials),
( ) as an effective substitute for commercial products
in a particular function or application, or
[ ] as a substitute for raw Material feedstock in the
primary production process from which it was
generated, without being first reclaimed (a
closed-loop process)?
If any of the above apply, the activity is use or
reuse, and the Material is not a solid waste.
If none of the above apply, go on to question (10).
1O. Is the Material regenerated or are Materials with value
recovered from the original material?
V
IX) yes ( ) no
If yes, the activity is reclamation. Go on to question
If no, please review the definitions of activities in
this manual and reconsider your answers, or
call the RCRA Hotline for assistance.
lOa. Is the Material
( ) a hazardous waste listed under 40 CFR
261.31 or 261.32 (this provision
excludes commercial chemical products,
which are listed under 40 CFR 261.33),
[X] a spent material exhibiting one of the
characteristics of a hazardous waste
given in 40 CFR 261.20-.24, or
( ) a scrap Metal?
the Material ic
See applicable
If any of the above apply,
a solid waste.
regulations, below.
If none of the above apply, go on to question
(lOb).
lOb. Is the Material
[ ] either a sludge or a by-product that
exhibits one of the characteristics of a
hazardous waste given in 40 CFR 261.20-
.24, and that is not listed under 40 CFR
261.31-.32, or
( ) a commercial chemical product that exhi-
bits a hazardous waste characteristic or
is listed under 40 CFR 261.33?
If any of the above apply, the Material is
not a solid waste.
If none of the above apply, please review the
definitions of activities in this Manual
and reconsider your answers, or call the
RCRA Hotline for assistance.
Applicable Regulations!
1. Is the waste exempt from regulation (see the list In Exhibit 6)7
[ )
(X) no
If yes, the Material is not regulated.
If no, the Material is regulated. See item (2), below.
2. The generator of the contaminated isopropyl alcohol is subject to
requirements under 40 CFR 262. Transporters of the alcohol are
subject to requirements under 40 CFR 263. Generators recycling
the alcohol on-site, off-site recyolers and other parties
handling the alcohol prior to recycling May be subject to storage
facility requirements under 40 CFR 264 and 265 Subparte A through
L. Generators who store the alcohol for no More than 90 days in
tanks or containers prior to recycling are subject only to the
requirements for accumulation under 40 CFR 262.34. The
reclamation process itself is not regulated. Residues derived
froM recycling the alcohol Must be Managed as hazardous wastes,
if they themselves exhibit any hazardous waste characteristics.
Discussion!
Because the Isopropyl alcohol is regenerated, the process is
classified as reclamation. Characteristic spent materials that are
reclaimed are solid wastes. Although industrial ethyl alcohol is
exempt from RCRA when regenerated, isopropyl and other alcohols are
subject to RCRA Subtitle C regulation.
See Also; Reclamation. - Spent Material 6
Energy Recovery - Spent Material 1
-------
RECtkNATIOH - SPENT MATERIAL 26
Description of Activity!
Isopropyl alcohol that haa been contaminated by oils, perfumes,
or other substancea added by a variety of manufacturing practlcea (a
spent material exhibiting the characteristic of corroaivity) is
returned to the Isopropyl alcohol manufacturer, where It is distilled
and regenerated into pure isopropyl alcohol.
What is the statue of the contaminated Isopropyl alcohol?
Quaationsi
1. la the Batarial that Is recycled a secondary material?
(X) yea [ ) no
It yes, go on to question (2).
If no, the material ia not a aolid waate.
2. Is the material hasardoua? (A material la hasardoua if It is
listed under 40 CFR 261.30-.33 or exhibits one of the
characteristics of a hasardous waate given in 40 CFR
261.20-. 24, and is not specifically excluded from the
definition of hatardoua waate under 40 CFR 261.4(b).)
(X) yea ( ) no
If yes, go on to question (3).
If no, the material ia not a aolld waste.
3. Ia the Material specifically excluded from the definition of
aolld waate under 40 CFR 261.4(a) (aee the Hat in Exhibit
5)7
( )
1*1 no
If yes, the material Is not a solid waste.
If no, go on to question (4).
4. Is the material Inherently waste-like (aee the Hat In
Exhibit 4)7
( ) yas (X) no
If yee, the material la a aolid waste. See applicable
regulations, below.
If no, go on to question (5).
5. Does the activity serve a beneficial use?
(X) yea ( ) no
If yas, go on to question (6).
If no, the activity la not recycling, and the material
Is a solid waste. See applicable regulations,
below.
6. la there a feasible means for recycling tha waste?
IX) yea ( 1 no
If yea, go on to queatlon (6a).
If no, go on to queatlon (6b).
6a. la at laaat 75 percent of tha material recycled within
one calendar year?
(XJ yas
( 1 no
If yes, go on to question (7).
If no, go on to question (6b).
6b. Is the material a commercial chemical product that
exhibits a haaardous waste characterlatlc or la listed
aa a hasardoua waste in 40 CFR 261.33?
( I Y«a
( 1 no
If yes, go on to question (7).
If no, the practice is speculative accumula-
tion, and the material is a solid
waata. See applicable regulations,
below.
7. is tha material placed on the ground or used in a product
that Is placed on the ground?
( )
[X] no
If yea, go on to queatlon (7a).
If no, go on to question (a).
7a. Is the material a commercial chemical product that
exhibits a hazardous waate characteristic or is listed
in 40 CFR 261.33 that is produced for application to
the land?
( )
( 1 no
If yas, tha material is not a solid waste.
If no. the activity results in use constitu-
ting disposal and the material la a
aolld waste. See applicable regula-
tions, ' below.
«. la the material used as a fuel or uaed to produce a fuel?
( ) y«a [X] no
If yes, go on to question (8a).
tf no, go on to question (9).
-------
8a.
Is the Material a commercial chemical product that
exhibits a hazardous waste characteristic or !• listed
In 40 CFR 261.33 and that Is produced to be burned as
fuel?
lOb. Is the Material
( )
I ) no
10.
If yes, the Material is not a solid waste.
If no, the activity results in burning for
energy recovery, and the Material is
a solid waste. See applicable regu-
lations, below.
9. Is the Material used or reused
I 1 as an Ingredient in an industrial process to Make
a new product without intermediate reclamation
(regeneration or recovery of Materials),
( ) as an effective substitute for commercial products
in a particular function or application, or
( ) as a substitute for raw Material feedstock in the
primary production process from which it was
generated, without being first reclaimed (a
closed-loop process)?
If any of the above apply, the activity is use or
reuse, and the Material is not a solid waste.
If none of the above apply, go on to question (10).
Is the Material regenerated or are Materials with value
recovered from the original material?
(X) yes ( ] no
If yes, the activity is reclamation. Go on to question
If no. please review the definitions of activities in
this manual and reconsider your answers, or
call the RCRA Hotline for assistance.
loa. Is the Material
(X) a hazardous waste listed under 40 CFR
261.31 or 261.32 (this provision
excludes commercial chemical products,
which are listed under 40 CFR 261.33),
( ) a spent Material exhibiting one of the
characteristics of a hazardous waste
given in 40 CFR 261.20-.24, or
( ) a scrap Metal?
If any of the above apply, the material Is a
solid waste. See applicable regula-
tions, below.
If none of the above apply, go on to question
(lob).
{ ) either a sludge or a by-product that
exhibits one of the characteristics of a
hazardous waste given in 40 CFR 261.20-
.24. and that is not listed under 40 CFR
261.31-.32, or
[ ) a commercial chemical product that exhi-
bits a hazardous waste characteristic or
is listed under 40 CPR 261.33?
If any of the above apply, the Material is
not a solid waste.
If none of the above apply, please review the
definitions of activities in this Manual
and reconsider your answers, or call the
RCRA Hotline for assistance.
Applicable Regulations!
1. Is the wast* exempt from regulation (see the list in Exhibit 6)?
C 1 yes
(X) no
2.
If yes, the Material is not regulated.
If no, the Material is regulated. See item (2), below.
The generator of the spent Methyl ethyl ketone is subject to
requirements under 40 CFR 262. Transporters of the spent methyl
ethyl ketone are subject to requirements under 40 CFR 263.
Generators recycling the spent Methyl ethyl ketone on-eite, off-
site recyclers and other parties handling the spent Methyl ethyl
ketone prior to recycling May be subject to storage facility
requirements under 40 CFR 264 and 265 Subparts A through L.
Generators who store the spent Methyl ethyl ketone for no more
than 90 days in tanks or containers prior to recycling are sub-
ject only to the requirements for accumulation under 40 CFR
262.34. The reclamation process Itself is not regulated. Any
residues from recycling the spent Methyl ethyl ketone Must be
Managed as hazardous wastes.
Discussion;
Because the spent Methyl ethyl ketone Must be reclaimed before
being reused, the process is classified as reclamation. Listed spent
Materials that are reclaimed are solid wastes and thus are subject to
RCRA Subtitle C regulation.
-------
RECLAMATION - SPEHT MATERIAL 27
Description of Activity!
Spent methyl ethyl ketone (a spent Material listed under EPA
Hazardous Haste Mo. F005) is reclaimed and used as an adhesive thinner
(or quick drying when applied on the magnesium casting in the
assembling of chain saws and string trimmers.
Nhat is the status of the spent Methyl ethyl ketone?
Questions!
1. Is the Mterlal that is recycled a secondary materiel?
[X] yes [ ] no
If yes, go on to question (2).
If no, the material la not a solid waste.
2. Is the material hasardous? (A material is haiardous it it is
listed under 40 CFR 261.30-. 13 or exhibits one of the
characteristics of a hazardous waste given in 40 CFR
261.20-.24, and is not specifically excluded from the
definition of hasardous waste under 40 CFR 261.4(b).}
m
I 1 no
If yes, go on to question (3).
If no, the material Is not a solid waste.
.3. Is the material specifically excluded from the definition of
solid waste under 40 CFR 261.4(a) (see the list In Exhibit
5)?
( I y«» (X) no
If yes, the material la not a solid waste.
If no, go on to question (4).
4. Is the material Inherently waste-like (see the list in
Exhibit 4)?
I 1 y«"
[X] no
If yes, the material is a solid waste. See applicable
regulations, below.
If no, go on to question (5).
5. Does the activity serve a beneficial use?
(X] yes I ) no
If yee, go on to question (6).
If no, the activity is not recycling, and the material
is a solid waste. See applicable regulations,
below.
Is there a feasible means for recycling the waste?
IX) yes ( 1 no
If yes, go on to question (6«).
If no, go on to question (6b).
6a. Is at least 75 percent of the material recycled within
one calendar year?
(X) yes
t I no
If yes, go on to question (7).
If no, go on to question (6b).
6b. Is the material • commercial chemical product that
exhibits a hasardous waste characteristic or is listed
as a hasardous waste in 40 CFR 261.33?
( )
I ) no
If yes, go on to question (7).
If no, the practice is speculative accumula-
tion, and the material Is • solid
waste. See applicable regulations,
below.
Is the material placed on the ground or used in a product
that is placed on the ground?
I )
(X) no
If yes, go on to question (7a).
If no, go on to question (•).
7a. Is the material • commercial chemical product that
exhibits • hasardous waste characteristic or is listed
in 40 CFR 261.33 that Is produced for application to
the land?
I ) y«»
I 1 no
If yes, the material is not a solid waste.
If no, the activity results In use constitu-
ting disposal and the material is •
solid waste. See applicable regula-
tions, below.
Is the material used as a fuel or used to produce a fuel?
t 1 y«« ("I no
If yes, go on to question (>a).
If no, go on to question (9).
-------
8a. !• the Material a commercial chemical product that
exhibits a hazardous wast* characteristic or !• Hated
In 40 CPR 261.33 and that Is produced to be burned as
fuel?
lOb. Is the Material
C J
I 1 no
If yes, the »aterlal Is not a solid waate.
If no, the activity results In burning for
energy recovery, and the Material is
a solid waste. Bee applicable regu-
lations, below.
9. Is the Material ueed or reused
[ ] as an Ingredient in an industrial process to Make
a new product without intermediate reclamation
(regeneration or recovery of Materials),
(] as an effective substitute for commercial products
in a particular function or application, or
I J as a substitute for raw Material feedstock in the
primary production process from which it was
generated, without being first reclaimed (a
closed-loop, process)?
If any of the above apply, the activity is use or
reuse, and the Material is not a solid waste.
If none of the above apply, go on to queation (10).
Is the Material regenerated or are Materials with value
recovered from the original Material?
( ) either a sludge or • by-product that
exhibits one of the characteristics of a
hazardous waste given in 40 CFR 261.20-
.24, and that is not listed under 40 CFR
261.31-.32, or
( ] a commercial cheMical product that exhi-
bits a hazardoua wast* characteristic or
is listed under 40 CFR 261.33?
If any of the above apply, the Material Is
not a solid waste.
If none of the above apply, please review the
definitions of activities in this Manual
and reconsider your answers, or call the
RCRA Hotline for assistance..
Applicable Regulationsi
1. Is the waste exempt froM regulation (see the list in Exhibit 6)7
( )
[XJ no
a.
10.
(X) yes [ ) no
If yes, the activity is reclamation. Go on to question
(lOa).
If no, please review the definitions of activities in
this Manual and reconsider your answers, or
call the RCRA Hotline for assistance..
lOa. Is the Material
(X) a hazardous waste listed under 40 CFR
261.31 or 261.32 (this provision
excludes commercial chamical products,
which are listed under 40 CPR 261.33),
[ } a spent Material exhibiting one of the
characteristics of a hazardous waste
given In 40 CPR 261. 20-. 24, or
( ) a scrap Metal?
If any of the above apply, the Material Is a
solid waste. See applicable regula-
tions, below.
If none of the above apply, go on to question
(lOb).
If yes, the Material is not regulated.
If no, the Material is regulated. See IteM (2), below.
The generator of the spent activated carbon is subject to
requirements under 40 CFR 262. Transporters of the spent
activated carbon are subject to requirements under 40 CFR 263.
Generators recycling the spent activated carbon on-slte, off-site
recyclers and other parties handling the spent activated carbon
prior to recycling May be subject to storage facility
requirements under 40 CFR 264 and 265 Subparts A through L.
Generators who store the spent activated carbon for no More than
90 days in tanks or containers prior to recycling are subject
only to the requirements for accumulation under 40 CFR 262.34.
The reclamation process Itself Is not regulated. Any residues
derived from recycling the spent activated carbon Muat be Managed
as hazardous wastes.
Discussion;
The spent activated carbon is a listed sludge because it is a
pollution control residue derived from the treatment of a Hated
waste. Because the activated carbon Is regenerated, " the process is
defined as reclamation. Listed sludges that are reclaimed are aolld
wastes and are subject to RCRA Subtitle C regulation.
See Alsoi
Other - Non-Secondary Haterlal 1
-------
RECLAMATION - SLUDGE 1
Description of Actlvityi
Spent activated carbon (charcoal) fros the pollution control
treat»ent ot a listed hazardous waste (a listed sludge) la
regenaratad.
What !• th« status of tha spent carbon?
Questlonet
1. la th« Materiel that !• raoyolad a secondary Material?
m y«s t 1 no
If yes, go on to queation (2).
•If no, the Material !• not • solid vasts.
2.
1.
4.
s.
la tha Material hasardoua? (A Material la hasardoua If it la
Hated under 40 CPR 361.30-. 33 or exhibits one of the
characterlatlce of a hasardoua waste given in 40 CPR 261.20-.24,
and la not specifically excluded free, the definition of haiardoua
waste under 40 CPR 2«1.4(b).)
(X) yea
( 1 «>«>
If yea, go on to question (3).
If no, the material ia not a aolld waate.
la the Batarlal specifically excluded froM the definition of
aolld waate under 40 CPR 261.4(a) (aee the liat in Exhibit 5)7
( )
(X) no
If yea, the Material la not a aolld waate.
If no, go on to question (4).
la the Material inherently waste-like (aee the Hat in Exhibit 4)7
( 1 y« [XI no
If yea, the Material ia a aolld waate. See applicable
regulations, below.
If no, go on to question (S).
Does the activity serve a beneficial use?
(X) yea [ ) no
If yea, go on to question (6).
If no, the activity ia not recycling, and the Material
ia a solid waste. See applicable regulations,
below.
la there a feaalble Meane for recycling the waate?
(XI yea | 1 no
If yea, go on to queation (6a).
If no, go on to queation (6b).
6a. Is at least 79 percent of the Material recycled within
one calender year?
IX] yea
( )
6b.
If yea, go on to queation (7).
If no, go on to queation (6b).
Ia the Material a couerolal cheMloal product that
exhibits a hasardoua waste characteristic or is listed
as a hacardoua waate in 40 CPR 261.))?
t ) yes
It yea
If no.
( 1 no
It yes, go on to question (7).
the practice is speculative acouMula-
tion, and the Material is a solid
waate. See applicable regulations,
below.
Is the Material placed on the ground or used in a product that is
placed on the ground?
I ) y«»
m
7a.
If yea, go on to queation (7a).
If no, go on to question (•).
Is the Material s ooMMeroial cheslcel product that
exhibits a hasardoua waate charaoteriatio or is listed
in 40 CPR 261,33 that is produced for application to
the land?
( ) yss
( ) no
If yes, the Material is not a solid waate.
If no, the ectivity reaults in use constitu-
ting disposal and tha Material is a
solid waste. See applicable regula-
tions, below.
Is the Material uaed as a fuel or used to produce 'a fuel?
I ] yea [X) no
If yes, go on to question (Ba).
If no, go on to queation (9).
-------
8a. Is the material a commercial chemical product
exhibits a hazardous waste characteristic or is
in 40 era 261.33 and that is produced to be burned as
fuel?
If yes, the material is not a solid w«»t«.
If no, the activity results in burning for
energy recovery, and the material is a
solid waste. See applicable
regulations, below.
9. Is the material used or reused
[ ) as an ingredient in an industrial process to make
a new product without Intermediate reclamation
(regeneration or recovery of materials),
[1 as an effective substitute for commercial products
in a particular function or application, or
I ) as a substitute for raw material feedstock in the
primary production process from which it was
generated, without being first reclaimed (a
closed-loop process)?
If any of the above apply, the activity is use or
reuse, and the material is not a solid waste.
If none of the above apply, go on to question (10).
10. Is the material regenerated or are materials with value
recovered from the original material?
lOb. !• the material
[ ) either a sludge or a by-product that
exhibits one of the characteristics of a
hazardous waste given in 40 CFR 261.2O-
.24, and that is not listed under 40 CFR
261.31-.32, or
( ] a commercial chemical product that ex-
hibits a hazardous waste characteristic
or is listed under 40 CFR 261.33?
If any of the above apply, the material is
. not a solid waste.
If none of the above apply, please review
the definitions of activities in this
manual and reconsider your answers, or
call ths RCRA Hotline for assistance.
Applicable Regulations
1. Is the waste exempt from regulation (see the list in Exhibit 6)7
I 1
[XI no
If yes, the material is not regulated.
If no, the material la regulated. See item (2),
below.
CM
(X] yes
if y«».
If no.
lOa. Is the material
[ ) no
the activity is reclamation. Co on to question
please review the definitions of activities in
this manual and reconsider your answers, or
the RCRA Hotline for assistance.
IX) a hazardous waste listed under 40 CFR
261.31 or 261.32 (this provision
excludes commercial chemical products,
which are listed under 40 CFR 261.33),
( l a spent material exhibiting one of the
characteristics of a hazardous waste
given in 40 CFR 261.20-.24, or
( ) a scrap metal?
If any of the above apply, the material is
a solid waste. See applicable
regulations, below.
If none of the above apply, go on to question
(lOb).
2. Because the sludge is reclaimed to recover economically signifi-
cant amounts of gold, silver, platinum, palladium, iridlum,
osmium, rhodium, ruthenium, or any combination of these precious
metals, generators, transporters and storers of the sludge are
subject to notification requirements under Section 3010 of RCRA.
The generator of the sludge is subject to requirements under
Subpart B of 4O CFR Part 262. Transporters of the sludge are
subject to requirements under 40 CFR 263.20 and 263.21, and
persons who store the sludge are subject to requirements under 40
CFR 265.71 and 265.72. In addition, persons who store the wastes
are subject to recordkeeping requirements under 40 CFR 266.70 to
show that the sludge is not speculatlvely accumulated.
Requirements applicable to precious metal reclamation are
summarized under 40 CFR 266, Subpart F.
Discussion»
Because materials with value -- the metals — are recovered from
the sludge, the activity is classified as reclamation. Listed sludges
that are reclaimed are solid wastes, and are subject to RCRA Subtitle
C regulation. However, because precious metals are being recovered,
the material is subject only to RCRA requirements pertaining to
notification, manifesting (if sent off-site), record-keeping, and
overaccumulation.
-------
-o
RECLAMATION - SLUDGE 2
Description of Acttvityt '
Hastawatar treatment sludge froM Metal finishing oparationa (a
sludge liatad undar EPA Hasardoua Waste Mo. F006) la reclaimed for tba
pracioua Metals it contalna: gold, allvar, platimtM, palladia*.
irldluM, OSMIUM, rhodlUM, or ruthanlUM. Tha pracioua metala ara
returned to tha metal finishing oparation.
What la tha atatua of tha aludga?
Queationat
1. IB tha Material that la racyclad a aacondary material?
IX] yes I ) no
If yaa. go on to quaation (2).
If no, tha Material la not a aolld waata.
2. la tha material hasardoua? (A Material is haiardoua if it la
Hated under 40 CFR 261.30-. 33 or exhibits ona of tha
characterlatica of a hatardoua waata given in 40 CFR 261.20-.24,
and la not specifically excluded froa the definition of hasardoua
waata undar 40 CFR 261.4(b).)
4.
5.
[X] yes
( 3 no
If yea, go on to quaation (3).
If no, the Material is not a aolld waata.
la the Material apeolflcally excluded from the definition of
aolid waate undar 40 CFR 261.4(a) (see the list in Exhibit 5)7
( ]
[XI no
If yea, the Material la not a aolid waate.
If no, go on to quaation (4).
la tha Material Inherently waata-like (aae the Hat in Exhibit 4)7
I 1 X«a (X) no
If yaa, tha Material la a solid waate. See applicable
regulation*, below.
If no, go on to question (5).
Doea the activity aarva a beneficial use?
(X) yas ( ] no
If yes, go on to question (6).
If no, tha activity la not recycling, and the Material
is a aolid waste. Sea applicable regulations,
below.
la there a feaalble Means for recycling the waste?
IX] yes ( J no
If yes, go on to question (6a).
If no, go on to queatlon (6b).
•a. Is at leaat 75 percent of the Material recycled within
one calendar year?
(X] yes
I 1 no
If yes. go on to question (7).
If no, go on to question (6b).
6b. Is the material a commercial chemical product that
exhibits a haiardoua waate characterlstio or is listed
as a hazardous waste in 40 CFR 261.33?
( )
( )
If yes, go on to quaation (7).
It no, the practice is speculative
accuMUlation, and the Material is •
solid wasts. See applicable
regulations, below.
Is the Material placed on the ground or used in a product that is
placed on the ground?
I I yes
|XJ no
If yes, go on to question (7a).
If no, go on to question (•).
7s. Is the Material • commercial chemical product that
exhibits a hasardoua waste characteristic or Is listed
in 40 CFR 261.33 that is produced for application to
the land?
( )
I 1 no
If yea, the Material is not a solid waste.
If no, the activity reaults in use
constituting disposal and the Material
is a solid waate. See applicable
regulations, below.
Is the Material used as a fuel or used to produce a fuel?
I 1 y«« (XI no
If yes, go on to question (8a).
If no, go on to question (9).
-------
Ba.
I. the material a commercial chemical product that
exhibit* a hazardous waste characteristic or is listed
in 40 CFR 261.33 and that is produced to be burned as
fuel?
lOb. Is the material
{ 1
( 1 no
If yes, the material is not a solid waste.
If no, the activity results in burning for
energy recovery, and the material is a
solid waste. See applicable
regulations, below.
9. le the material used or reused
( 1 as an ingredient In an industrial process to make
a new product without intermediate reclamation
(regeneration or recovery of materials),
(1 as an effective substitute for commercial products
in a particular function or application, or
I i as a substitute for raw material feedstock In the
primary production process from which It was
generated, without being first reclaimed (a
closed-loop process)?
If any of the above apply, the activity Is use or
reuse, and the material is not a solid waste.
If none of the above apply, go on to question (10).
10. Is the material regenerated or are materials with value
— recovered from the original material?
00 IX) yes ( ) no
If yes, the activity is reclamation. Go on to question
• If no, please review the definitions of activities in
this manual and reconsider your answers, or
call the RCRA Hotline for assistance.
lOa. Is the material
(X) a hazardous waste listed under 40 CFR
261.31 or 261.32' (this provision
excludes commercial chemical products,
which are listed under 40 CFR 261.33),
( ) a spent material exhibiting one of the
characteristics of a hazardous waste
given in 40 CFR 261.20-.24, or
( ] a scrap metal?
If any of the above apply, the material is
a solid waste. See applicable
regulations, below.
If none of the above apply, go on to question
(lOb).
( ] either a sludge or • by-product that
exhibits one of the characteristics of a
hazardous waste given in 40 CFR 261.20-
.24, and that is not listed under 40 CFR
261.31-.32, or
( ] a commercial chemical product that ex-
hibits a hazardous waste characteristic
or Is listed under 40 CFR 261.33?
If any of the above apply, the material is
not a solid waste.
If nonei of the above apply, please review
the definitions of activities in this
manual and reconsider your answers, or
call the RCRA Hotline for assistance.
Applicable Regulations
1. Is the waste exempt from regulation (see the list in Exhibit 6)?
C
(X) no
If yes, the material is not regulated.
If no, the material It regulated. See item (2), below.
2. The generator of the contaminated ion exchange resin is subject
to requirements under 40 CFR 262. Transporters of the resin are
subject to requirements under 40 CFR 263. Generators recycling
the resin on-slte, off-site recyclers and other parties handling
the resin prior to recycling may be subject to storage facility
requirements under 40 CFR 264 and 265 Subparts A through L.
Generators who store the resin for no more than 90 days in tanks
or containers prior to recycling are subject only to the
requirements for accumulation under 40 CFR 262.34. Any residues
derived from recycling the resin must be managed as hazardous
wastes.
Discussion:
Because the contaminated Ion exchange resin is regenerated, the
process is classified as reclamation. Listed sludges that are
reclaimed are solid wastes and are subject to RCRA Subtitle C
regulation. (The ion exchange resin is deemed to be listed because It
is derived from treating a listed waste. See 50 FR 619 n.7.)
See Also: Reclamation - Spent Material 4
Other - Non-Secondary Material 9
Other - Non-Secondary Material 12
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RECLAMATION - SUIDGB 3
Description of Activltyt
Spent chromic acid tram metal finishing plating baths (a spent
Material listed undar EPA Hasardous Haata Mo. F007) is neutralised and
goaa through an ion exchange procesa that removes the chromium. The
acid is rageneratad and raturnad to tha »atal finishing plating bath.
Tha ion axchanga raain (a llatad sludge — tha residue derived from
tha treatment of a llatad waata) la traatad with sodium hydroxide
aolutlon to remove any impurities. It la than raturnad to tha ion
exchange column.
What la tha atatua of tha contaminated ion axchanga raain?
Questions;
1. la tha Material that ia racyclad a. aaoondary aatariai?
(X) yaa ( ) no
If yaa, go on to quaation (2).
If no, tha Material la not a aolid waata.
2. la tha Material hasardoua? (A Material la hasardoua if it la
llatad undar 40 CFR 261.30-. 33 or axhlbita ona of tha
charactariatica of a hasardoua waata glvan in 40 CFR 261.20-.24.
and ia not apaclfically axcludad fro* tha definition of hazardous
waata undar 40 CFR 261.4(b).J
(X] yaa
( 1 no
If yes, go on to question (3).
If no, the matmrlal la not a solid waste.
3. Is the material specifically excluded from the definition of
solid waste under 40 CPR 261.4(a) (see the list in Exhibit 5)7
( ) y«
(X) no
If yes, the Material la not a solid waata.
If no, go on to quaation (4).
4. Ia the Material Inherently waste-like (see the list in Exhibit 4)7
( ] yes (X) no
If yes, the Material is a aolid waste. See applicable
regulations, below.
If no, go on to question (5).
5. Does the activity serve a beneficial use?
[XJ yea ( 1 no
If yes, go on to question (6).
If no, the activity is not recycling, and the material
is a solid waste. Sea applicable regulations,
below.
Is there a feasible Beans for recycling tha waste?
• (X) yes ( J no
If yes, go on to question (6a).
If no, go on to question (6bj.
6a. is at least 79 percent of the Material recycled within
one calendar year?
(XI yaa
( )
If yes, go on to question (7).
If no, go on to question (6b).
6b. Is the material a commercial chemical product that
exhibits a hazardous waata characteristic or Is listed
as a hasardous waata-in 40 CFR 261.33?
I 1
( 1
If yea, go on to question (7).
If no, the practice la speculative
accuMUlation, and the Material is a
solid wast*. See applicable
regulations, below.
Is the Material placed on the ground or used in a product that is
placed on the ground?
) »••
(X) no
If yes, go on to question (7a).
If no, go on to question (•).
7a. Is the Material a commercial chemical product that
exhibits a hasardoua waste characteristic or is listed
in 40 CFR 261.33 that ia produced for application to
the land?
( ) V«» ( 1 no
If yes, the Material is not a solid waste.
It no, the activity results in use
constituting disposal and the Material
is a solid waate. See applicable
regulations, below.
IB the Material used aa a fuel or used to produce a fuel?
( I y«« (X) no
If yes, go on to question (8a).
If no, go on to question (»).
-------
8a.
la the Material a commercial chemical product that
exhibits a hazardous waste characteristic or is listed
in 40 CFR 261.33 and that Is produced to be burned as
fuel?
lOb. Is the Material
if y«»,
If no,
C J no
the Material is not a solid waste.
the activity results in burning for
energy recovery, and the Material is
a solid waste. See applicable regu-
lations, below.
9. Is the Material used or reused
( 1
I )
[ ]
as an ingredient in an industrial process to Make
a new product without intermediate reclamation
(regeneration or recovery of Materials),
as an effective substitute for commercial products
in a particular function or application, or
as a substitute for raw Material feedstock in the
primary production process from which it was
generated, without being first reclaimed (a
closed-loop process)?
If any of the above apply, the activity is use or
reuse, and the Material is not • solid waste.
If none of the above apply, go on to question (10).
10.
Is the Material regenerated or are Materials
recovered from the original Material?
with value
yes
(X)
If yes
If no,
I 1 no
the activity is reclamation. Go on to question
(lOa).
please review the definitions of activities in
this manual and reconsider your answers, or
call the RCRA Hotline for assistance.
lOa. Is the Material
(X] either a sludge or • by-product that
exhibits one of the characteristics of a
hazardous waste given in 40 CFR 261.20-
.24, and that is not listed under 40 CFR
261.31-.32, or
I ) a commercial chemical product that
exhibits • hazardous waste
characteristic or is listed under 40 CFR
261.33? '
If any of the above apply, the Material is
not • solid waste.
If none of the above apply, please review the
definitions of activities in this Manual
and reconsider your answers, or call the
RCRA Hotline for assistance.
Applicable Regulations>
1. Is the waste exempt from regulation (see the list in Exhibit 6)7
[ ) yes [ ) no
If yes, the Material is not regulated.
If no, the Material is regulated. See item (2), below.
Discussion;
Because the ion exchange resins are regenerated, the process is
classified as reclamation. Characteristic sludges that are reclaimed
are not solid wastes and are not subject to RCRA Subtitle C
regulation, unless they are speculatively accumulated, or the product
of reclamation is used in a Manner constituting disposal or burned as
a fuel. Since these exceptions do not apply in this case, the ion
exchange resins are not a solid waste and are not subject to RCRA
Subtitle C regulation. If EPA were to list these sludges, the Agency
would consider the factors set forth at 50 FR 641.
[ ) a hazardous waste listed under 40 CFR
261.31 or 261.32 (this ' provision
excludes commercial chemical products,
which are listed under 40 CFR 261.33),
[ ) a spent Material exhibiting one of the
characteristics of a hazardous waste
given In 40 CFR 261. 20-. 24, or
[ ] a scrap Metal?
If any of the above apply, the material is a
solid waste. See applicable regula-
tions, below.
If none of the above apply, go on to question
(lOb).
-------
RECLAMATION - SLUDGE 4
Description of Activity!
contaminated Ion exchange resins from pollution control Measures
In the production of phenoxy herbicides and their intermediates (•
sludge exhibiting tha characteristic of EP-toxicity) are regenerated
through tha addition of mathanol and dlatlllatlon of tha raganerant
solution.
What la tha atatua of tha contaminated Ion exchange raalna?
Quaationai
1. la tha material that Is racyolad a aacondary malarial?
(XI yaa ( ) no
If yaa, go on to quaatlon (2).
If no, tha aatarlal la not a solid waata.
2. la tha Material hasardoua? (A Material la haxardoua If It la
listed undar 40 era 261.30-.31 or exhlblta ona of tha
charactariatlca of a haxardoua waata glvan In 40 CFR
261.20-.24, and 1* not apaclflcally excluded from tha
definition of hasardoua waata undar 40 CFR 261.4(b).J
3.
5.
CX] yaa
( 1 no
If yaa, go on to quaatlon (3).
If no, tha Material la not a aolld waata.
la tha material specifically excluded from tha definition of
aolld waste under 40 CFR 261.4(a) (see tha Hat In Exhibit
5)7
C
[X] no
If yea, the Material la not a aolld waate.
If no, go on to question (4).
Is the Material Inherently waate-like (see the Hat in
Exhibit 4)7
c
(X) no
See applicable
If yaa, tha material la a solid waste.
regulations, below.
If no, go on to question (5).
Does the activity serve a beneficial use?
(X) yea [ 1 no
1C yes, go on to question (6).
If no, the activity Is not recycling, and the material
is a solid waste. See applicable regulations,
below.
Is there a feasible means for recycling the waste?
(X) yea ( ] no
If yaa, go on to question (6a).
If no, go on to question (6b).
6a.
Is at leaat 75 percent of the material recycled within
one calendar year?
[X] yes
[ ) no
fib.
If yes, go on to question (7).
If.no, go on to question (6b).
Is the material a commercial chemical product that
exhibits a hazardous waate characteristic or Is ' listed
as a hazardous waste in 40 CPR 261.33?
I ] yes I 1 no
If yes, go on to question (7).
If no, the practice is speculative accumula-
tion, and the Material la a solid
waste. See applicable regulations,
below.
Is the materiel placed on the ground or used In a product
that Is placed on the ground?
( ) y»« 1*1 no
If yes, go on to question (7a).
If no, go on to question (•).
7a._ Is the material a commercial chemical product tha.-
exhlbita a hasardoua waste characteristic or Is listed
in 40 CFR 261.33 that is produced for application to
the land?
I 1
( ) no
If yea, tha Material is not a solid waste.
If no, the activity reaults in use constitu-
ting dlappsal and the Material is a
solid waste. See applicable regula-
tions, below.
Is the Material used as a fuel or used to produce" a fuel?
[ ) yes ' IX] no
If yes, go on to question (8a).
If no, go on to question (9).
-------
8a.
Ia the Material a commarclal chemical product that
exhibits a hazardous wast* characteristic or is listed
in 40 CPR 261.33 and that is produced to be burned as
fuel?
t 1 V"
( ) no
If yes, the Material is not a solid waste.
If no, the activity results in burning for
energy recovery, «nd the »aterial la a
solid waste. See applicable
regulations, below.
9. Is the Material used or reused
{ ) as an Ingredient In an Industrial process to Make
a new product without intermediate reclamation
(regeneration or recovery of Materials),
[ ] as an effective substitute for commercial products
in a particular function or application, or
| ) as a substitute for raw Material feedstock in the
prlMary production process from which it was
generated, without being first reclaimed (a
closed-loop process)?
If any of the above apply, the activity Is use or
reuse, and the Material la not a solid waste.
If none of the above apply, go on to question (10).
10.
Is the Material regenerated or are
recovered froM the original Material?
Materials with value
IX) yea
If yea.
( J no
Go on to question
the activity ia reclamation.
(lOa).
If no, please review the definitions of activities in
this Manual and reconsider your answers, or
call the RCRA Hotline for assistance.
lOa. Is the Material
( J a hasardoua waste listed under 40 CFR
261.31 or 261.32 (this provision
excludes commercial chemical products,
which are listed under 40 CFR 261.33),
( ) a spent Material exhibiting one of the
characteristics of a hazardous waste
given in 40 CPR 261.20-.24, or
( ) a scrap Metal?
If any of the above apply, the Material is
a solid waste. See applicable
regulations, below.
If none of the above apply, go on to question
(lOb).
lOb. la the Material
(X) either a aludg* or • by-product that
exhibita one of the characteristics of a
haiardous waste given in 40 CPR 261.20-
.24, and that la not listed under 40 CFR
261. 31-. 32, or
[ ] • commercial chemical product that ex-
hibits • hasardoua waata characteristic
or is listed under 40 CPR 261.33?
If any of the above apply, the Material Is
. not a solid waste.
If none of the above apply, please review
the definltiona of activities in this
Manual and reconalder your anawera, or
call the RCRA Hotline for assistance.
Applicable Regulations
1. Is the waste exempt from regulation (aea the Hat in Exhibit 6)?
( 1 yea ( 1 no
If yea, the Material ia not regulated.
If no, the Material la regulated. Sea itea (2), below.
Discussion t
When reclalMed, characteristic sludges are not solid waates and
are not subject to RCRA Subtitle C regulation unless they are
speculatively accumulated, or the product of reclamation la used in a
Manner constituting dlapoaal or burned aa a fuel. since these
exceptions do not apply in thla case, the emission control dust is not
a solid waate and ia not aub}ect to RCRA Subtitle C regulation.
-------
RECLAMATION - SUIDGB 5
Description of Activity!
Emission control dust from a primary sine smelting furnace (a
aludge exhibiting the characteriatlo of EP-toxicity) la reclaimed to
recover sine, which ia returned to tha sine production process.
What ia the status of the emission control duat?
Quaationsi
1. IB the material that la recycled a secondary material?
[X) yea { 1 no
If yaa, go on to quaation (2).
If no, the material ia not a solid waata.
2. la the material hasardoua? (A material la hasardoua if it la
liated under 40 CPR 261.30-. 33 or exhlbita ona of the
characteristics of a hasardoua waata given in 40 era 261.20-.24,
and ia not specifically excluded from tha definition of hacardoua
waste under 40 CPR 261.4(b).)
(X] yea
( 1 no
If yea, go on to queation (3).
If no, the material ia not a aolid waata.
3. Ia the material apecifically excluded from the definition of
aolid waste under 40 CPR 261.4(a) (aee the Hat in Exhibit 5)?
( 1 yaa IX) no
If yea, the material is not a aolid waata.
If no, go on to queation (4).
4. IB the material Inherently waste-like (aee the Hat in Exhibit 4)7
( J yaa (X) no
If yea, tha material la a aolid waate. See applicable
regulatlona, below.
If no, go on to queation (S).
5. Does the activity serve a beneficial use?
IX) yea I I no
If yes, go on to queation (6).
If no, the activity is not recycling, and the material
is a aolid waste. See applicable regulations,
below.
Ia there a faaaibla means tor recycling tha waata?
IX) yaa I 1 no
If yes, go on to queation (6a).
If no, go on to quaation (fib).
6a. Ia at leaat 75 percent of tha material recycled within
ona calendar year?
(X] yea
t 1 no
If yea, go on to quaation (7).
If no, go on to quaation (6bj.
6b. Ia tha material a commarole1 chemical product that
axhibita a hasardoua waste charactarlatio or ia liated
aa a hasardoua waata in 40 CPR 261.33?
( )
t 1 no
If yea, go on to quaation (7).
If no, the practice ia apaculatlva
accumulation, and tha material ia a
aolid waate. See applicable
regulations, below.
la tha material placed on tha ground or used in a product that la
placed on the ground?
( )
(X) no
If yea, go on to question (7a).
It no, go on to quaation (•).
7a. Is tha material a commercial chemical product that
exhibita a hasardoua waata characteriatlo or ia liated
in 40 CPR 261.33 that ia produced tor application to
tha land?
t 1 y«»
( I no
If yea, tha material ia not a aolid waata.
If no, the activity raaults in use
conatitutlng disposal and the material
ia a aolid waate. See applicable
regulatlona, below.
Ia the material used aa a fuel or used to produce' a fuel?
( 1 y«» [X] no
If yea, go on to queation (Sa).
If no, go on to queation (9).
-------
8a. Is the Material a commercial chemical product that
exhibits a hazardous waste characteristic or is listed
in 40 CFR 261.33 and that is produced to be burned as
fuel?
( ) yes ( I no
If yes, the Material is not a solid waste.
If no, the activity results in burning for
energy recovery, and the material is
a solid waste. See applicable regu-
lations, below.
9. Is the Material used or reused
II as an ingredient in an industrial process to Make
a new product without intermediate reclamation
(regeneration or recovery of Materials),
lOb. Is the Material
( ]
r I
as an effective substitute for commercial products
in a particular function or application, or
as a substitute for raw Material feedstock in the
primary production process from which it was
generated, without being first reclaimed (a
closed-loop process)?
( ] either a sludge or a by-product that
exhibits one of the characteristics of a
hazardous waste given in 40 CFR 261.20-
.24, and that is not listed under 40 CFR
261.31-.32, or
{ ) a commercial chemical product that exhi-
bits a hazardous waste characteristic or
is listed under 40 CFR 261.31?
If any of the above apply, the Material is
not a solid waste.
If none of the above apply, please review the
definitions of activities in this Manual
and reconsider your answers, or call the
RCRA Hotline for assistance.
Applicable Regulations!
1. Is the waste exempt from regulation (see the list in Exhibit 6)7
I ) Y««
[XJ no
If any of the above apply, the activity is use or
reuse, and the Material is not a solid waste.
If none of the above apply, go on to question (10).
10.
Is the Material regenerated or are
recovered from the original material?
materials with value
(X) yes
C 1
If yes, the activity is reclamation. Go on to question
If no, please review the definitions of activities in
this Manual and reconsider your answers, or
call the RCRA Hotline for assistance.
Ida. Is the Material
(X) a hazardous waste listed under 40 CFR
261.31 or 261.32 (this provision
excludes commercial chemical products,
which are listed under CFR 261.13),
( ] a spent material exhibiting one of the
characteristics of a hazardous waste
given in 40 CFR 261.20-.24, or
( ) a scrap Metal?
If any of the above apply, the Material is a
solid waste. See applicable regula-
tions, below.
If none of the above apply, go on to question
(lOb).
If yes, the Material is not regulated.
If no, the Material is regulated. See iteM (2), below.
2. The generator of the spent carbon is subject to requirements
under 40 CFR 262. Transporters of the spent carbon are subject
to requirements under 40 CFR 261. Generators recycling the spent
carbon on-site, off-site recyclers and other parties handling the
spent carbon prior to recycling may be subject to storage
facility requirements under 40 CFR 264 and 265 Subparts A through
L. Generators who store the spent carbon for no More than 90
days in tanks or containers prior to recycling are subject only
to the requirements for accumulation under 40 CFR 262.34. The
reclamation process itself is not regulated. Any residues
derived from recycling the spent carbon Must be Managed as
hazardous wastes.
Dlscusslont
Because the spent carbon is regenerated prior to reuse, the
activity is defined as reclamation. When reclaimed, listed sludges
are solid wastes and thus are subject to RCRA Subtitle C regulation.
(The spent carbon is deemed to be listed becuase it is derived from
treating a listed waste. See 50 FR at 619 n.7.)
-------
RBCLMUTIOH - SLUDGE 6
Description of Activityl
Spent carbon from the treatment of waatawater containing
explosives (a aludge listed under EPA Hasardoua Haste No. K045) is
regenerated and reuaed In the waatewater treatment process.
What ia the atatua of tha apent carbon?
Questionsi
1. Is the material that is rscyoled a secondary material?
1X1 yes | J no
If yes, go on to question (>).
If no, tha material is not a •olid waate.
2. Is the matsrial hasardoua? (A material ia hasardoua if it la
Hated under 40 CPR 261.30-.33 or exhibit* one of the
characteristics of a hasardoua waate given in 40 CPR 261.20-.24,
and la not specifically excluded from the definition of hazardous
waste under 40 CFR 261.4(b).)
(XJ yes ( ) no
If yes, go on to question (3).
If no, the material ia not a solid waste.
3. Is the material specifically excluded from the definition of
solid waste under 40 CFR 261.4(a) (see the list in Exhibit 5)7
C 1 y««
(X) no
If yea, tha Material la not a aolid Haata.
If no, go on to question (4).
4. Is the material Inherently waste-like (see the Hat in Exhibit 4)7
f ) yes [X) no
•~r If yea, the material ia a solid waste.• See applicable
-C regulations, below.
CA. ** no< 9° on to question (5).
5. Does the activity serve a beneficial use?
(X] yea { J no
If yea, go on to question (6).
If no, the activity ia not recycling, and the material
is a solid waste. See applicable regulations,
below.
6. la there a feasible meana for recycling the waate?
[X] yea i ) no
If yea, go on to queatlon (6*).
If no, go on to quaation (6b).
6a. la at least 79 percent of tha material recycled within
one calendar year?
(XJ yea
I ) no
If yea, go on to queatlon (7).
If no, go on to queatlon (tfb).
6b. Ia the material a commercial chemical product that
' exhibits a haiardoua waste characteristic or is listed
as a hazardoua waate) in 40 CPR 261.33?
C ) yaa
I 1 no
If yea, go on to quaation (7).
If no, tha practice ia speculative
accumulation, and the material is a
•olid waste. See applicable
regulations, below.
7. la the material placed on the ground or uaed in a product that is
placed on the ground?
I 1
|X) no
If yes, go on to question (7a).
If no, go on to question (8).
7a. Ia the material • commercial chemical product that
exhibits a hazardous waate characteristic or la listed
in 40 CPR 261.33 that la produced for application to
the land?
( ) yes [ ) no
If yea, the material ia not a aolld waate.
If no, the activity reaults in use constitu-
ting disposal and the material is a
solid waate. See applicable regula-
tions, below.
8. Ia the materiel uaed as a fuel or uaed to produce a fuel?
( ) y«» (XI no
If yes, go on to question (••).
If no, go on to question (9).
-------
8a.
Is the Material a commercial chemical product that
exhibits a hazardous waste characteristic or is listed
in 40 CFR 261.33 and that is produced to be burned as
fuel?
I 1 V«»
( J no
If yes, the Material is not a solid waste.
If no, the activity results in burning for
energy recovery, and the material is a
solid waste. See applicable
regulations, below.
9. Is the Material used or reused
( J as an ingredient In an industrial process to make
a new product without Intermediate reclamation
(regeneration or recovery of Materials),
t I as an effective substitute for commercial products
in a particular function or application, or
[ 1 as e substitute for raw material feedstock In the
primary production process from which it was
generated, without being first reclaimed (a
closed-loop process)?
If any of the above apply, the activity is use or
reuse, and the material is not a solid waste.
If none of the above apply, go on to question (10).
10.- Is the Material regenerated or are Materials with value
recovered from the original Material?
[X] yes
( ) no
If yes, the activity Is reclamation. Go on to question'
(loa).
If no, please review the definitions of activities in
this Manual and reconsider your answers, or
call the RCRA Hotline for assistance.
lOa. Is the Material
| ) a hazardous waste listed under 40 CFR
261.31 or 261.32 (this provision
excludes commercial chemical products,
which are listed under 40 CFR 261.33),
C ) a spent material exhibiting one of the
characteristics of a hazardous waste
given in 40 CFR 261.20-.24, or
[ ) a scrap metal?
If any of the above apply, the material is
a solid waste. See applicable
regulations, below.
If none of the above apply, go on to question
(lOb).
lob. Is the material
(X] either a sludge or a by-product that
exhibits one of the cheracteristics of a
hazardous waste given in 40 CFR 261.20-
.24, and thet is not listed under 40 CFR
261.31-.32, or
( ) a commercial chemical product that ex-
hibits a hazardous waste characteristic
or is listed under 40 CFR 261.33?
If any of the above apply, the Material la
not a solid waste.
If none of the above apply, please review
the definitions of activities in this
manual and reconsider your answers, or
call the RCRA Hotline for assistance.
Applicable Regulations
1. Is the waste exempt from regulation (see the list in Exhibit 6)7
I J Y»» I J no
If yes, the Material is not regulated.
If no. the Material is regulated. See item (2), below.
Discussion*
Because Material with value — the zino — is recovered fros the
baghouse dusts, the process is classified as reclamation.
Characteristic sludges that are reclaimed are not solid wastes and
thus are not subject to RCRA Subtitle C regulation unless they are
speculatively accumulated or the product of reclamation is used In a
manner constituting disposal or burned as a fuel. Since these
exceptions do not apply to this case, the baghouse dusts are not a
solid waste and are thus not subject to RCRA Subtitle C regulation.
-------
RECLAMATION - SUUDGE 7
Description of Actlvityi
Baghousa du.t. fro. brass -ill- (a sludge exhibiting thj
characterlatic of EP-toxlolty) are recleUed for their «inc content by
••condary sine s»elters. The sine i« sold back to th« »lll for uae as
an ingredient in th« production of brass.
What Is the status of ths baghouee dusts?
Questions^
1. Is th« Material that Is recycled • secondary material?
(X] yes I ) no
If yes, go on to question (2).
If no, ths Material is not a solid vaste.
a. is the Material hazardous? (A Material is haiardous if it is
listed under 40 CFR 261.30-. 33 or exhibits one of the
characteristics ot a haiardous waste given in 40 CFR 261.20-.24,
and is not specifically excluded froM the definition of hasardous
waste under 40 CFR 261.4(b).)
[XJ yes
( 1 no
If yes, go on to question (3).
If no, the Material is not a solid waste.
3. la the Material specifically excluded froM the definition of
solid waste under 40 CFR 261.4(a) (eee the list in Exhibit 5)?
I )
(X] no
If yes, the Material is not a solid waste.
If no, go on to question (4).
4. Is the Material inherently waste-like (see the list in Exhibit 4)7
( ) yes IX) no
If yes, the Material is a solid waste. See applicable
regulations, below.
If no, go on to question (5).
5. Does the activity serve a beneficial use?
(X) yes ( ] no
If yes, go on to question (6).
If no, the activity is not recycling, and the Material
is a solid waste. See applicable regulations,
below.
6. Is there a feasible Means for recycling the waste?
(X) yes I 1 no
If yes, go on to question (6a).
If no, go on to question (6b).
6a. Is at least 7S percent of the Material recycled within
one calendar year?
(XI yes
t 1 no
If yes, go on to question (7).
If.no, go on to question (6b).
6b. Is the Material • oouerolal chealcal product that
exhibits a hasardous waste characteristic or is listed
as a hazardous waste in 40 CFR 261.33?
( ) yes
I } no
If yes, 90 on to question (7).
If no, the practice is speculative
accuBUlation, and the Material is a
solid waste. See applicable
regulations, below.
•7. Is the Material placed on the ground or used In a product that la
placed on the ground?
( 1 Y««
(X) no
If yes, go on to question (7a).
If no, go on to question (a).
7a. Is the Material a coMMercial chemical product that
exhibits a hazardous waste characteristic or is listed
in 40 CFR 261.33 that is produced for application to
the land?
C 1 y«»
( 1 no
If yes, the Material la not a solid waste.
If no, the activity results In use
constituting . disposal and the Material
Is a solid waste. See applicable
regulations, below.
8. Is the Material used as a fuel or used to produce's fuel?
I 1 y«» [XI no
If yes, go on to question (Ba).
If no, go on to question (9).
-------
8a.
la the Material a commercial chemical product that
exhibit* a hazardous waste characteristic or 1» listed
In 40 CFR 261.33 and that is produced to be burned aa
fuel?
( 1 *••
I ) no
If yes, the Material is not a solid waste.
If no, the activity results In burning for
energy recovery, •"<> the Material is a
solid waste. See applicable
regulations, below.
9. Is the Material used or reused
[1 as an ingredient in an industrial process to make
a new product without intermediate reclamation
(regeneration or recovery of materials),
[l as an effective substitute for commercial products
in a particular function or application, or
l ) as a substitute for raw material feedstock in the
primary production process from which it was
generated, without being first reclaimed (a
closed-loop process)?
If any of the above apply, the activity is use or
reuse, and the material is not a solid waste.
If none of the above apply, go on to question (10).
10. Is the Material regenerated or are Materials with value
recovered from the original material?
(X) yes
I 1 no
If yea, the activity is reclamation. Co on to question
If no, please review the definitions of activities in
this manual and reconsider your answers, or
call the RCRA Hotline for assistance.
lOa. Is the Material
[ 1 a hazardous waste listed under 40 CFR
261.31 or 261.32 (this provision
excludes commercial chemical products,
which are listed under 40 CFR 261.33),
I ) a spent material exhibiting one of the
characteristics of a hazardous waste
given in 40 CFR 261.20-.24, or
[ ] a scrap metal?
If any of the above apply, the material is
a solid waste. See applicable
regulations, below.
If none of the above apply, go on to question
(lOb).
lOb. Is the Material
(X] either a sludge or a by-product that
exhibits one of the characteristics of a
hazardous waste given in 40 CPR 261.20-
.24, and that is not listed under 40 CFR
261.31-.32, or
( ] a commercial chemical product that ex-
hibits • hazardous waste characteristic
or is listed under 40 CFR 261.33?
If any of the above apply, the Material Is
. not a solid waste.
If none of the above apply, please review
the definitions of activities in this
Manual and reconsider your answers, or
call the RCRA Hotline for assistance.
Applicable Regulations
1. Is the waste exempt from regulation (see the list in Exhibit 6)7
( 1 yes I J no
If yes, the Material is not regulated.
If no, the Material is regulated. See item (2), below.
Discuss ion i
Because Material with value — the cadmium — is recovered, the
process is classified as reclamation. Characteristic sludges that are
reclaimed are not solid wastes and are not subject to RCRA Subtitle C
regulation unless they are speculatively accumulated or the product of
reclamation is used in a Manner constituting disposal or burned as a
fuel. Since these exceptions do not apply to this case, the emission
control . dust is not a solid waste and thus is not subject to RCRA
Subtitle C regulation. [Notes This operation would not be defined as
a closed-loop process since the cadmium recovery operation is an
ancilliary unit operation to the line smelting furnace.)
-------
RECLAMATION - SLUDGE 8
Description of Activity!
Emission control dust from a sine smelting furnace (e sludge
exhibiting the characteristic of BP-toxlcity) is sent to a by-product
cadmium recovery operation. The cadmium la then sold to metal
finishers for use in electroplating operations.
what is the atatua of the emission control dust?
Questions!
1. Is the Materiel that is recycled a-secondary Material?
JXJ yea [ J no
If yea, go on to queation (2).
If no, the Material is not a solid waste.
2. la the Material hasardoua? (A Material is hasardoua if it is
listed under 40 CFR 261.30-. 33 or exhibits one of the
characteristics of a hasardoua waste given in 40 CPR 261.2O-.24,
and ia not specifically excluded from the definition of hasardoua
waste under 40 CPR 261.4(b).J
(XJ yea
( )
If yes, go on to question (3J.
If no, the material is not a solid wast*.
3. Is the Material specifically excluded from the definition of
aolid waste under 40 CPR 261.4(aj (see the list in Exhibit SJ?
I 1 y«»
(X) no
If yes, the Material is not a aolid waste.
If no, go on to queation (4).
4. la the Material inherently waste-like (see the list in Exhibit 4)7
( J y«» (XJ no
If yes, the Material la a solid waste. See applicable
regulationa, below.
If no, go on to question (5).
5. Does the activity serve a beneficial use?
[XJ yes ( J no
If yes, go on to question (6).
If no, the activity is not recycling, and the Material
ia a aolid waste. See applicable regulations,
below.
Is there a feasible Means for recycling the waste?
(XJ yes ( 1 no
If yes, go on to question (6aJ.
If no, go on to queation (6b).
6a. Is at least 75 percent of the Material recycled within
on* calendar year?
(XJ yes
( 1 no
If yes, go on to question (7).
If no, go on to question (6b).
6b. Is the Material a commercial chemical product that
exhibits a hasardou* wast* characteristic or is listed
as a hasardoua waate in 40 CPR 261.33?
C
(-1 no
If yes, go on to question (7).
If no, the practice is speculative
accumulation, and the Material ia a
solid wast*. See applicable
regulationa, below.
Is the Material placed on the ground or used in a product that la
placed on the ground?
.( ) y«" (XI no
If yea, go on to question (7a).
If no, go on to queation (•).
7a. Is the Material a commercial chemical product that
exhibits a hasardoua waste characteristic or is listed
in 40 CFR 261.33 that is produced for application to
the land?
( 1 yes
( ) no
If yes, the Material is not a solid wast*.
If no, the activity reaulta in use
constituting disposal and the Material
is a solid waste. See applicable
regulations, below.
la the Material used as a fuel or used to produce a fuel?
( J yes (XI no
If yea, go on to question (8aJ.
If no, go on to question (9).
-------
8a.
Is the Material a commercial chemical product that
exhibit* a hazardous waste characteristic or is listed
in 40 CFR 261.33 and that is produced to be burned as
fuel?
lOb. Is the Material
I 1 y»«
I 1 ««>
If yes, the Material is not a solid waste.
If no, the activity results in burning for
energy recovery, and the Material is a
solid waste. See applicable
regulations, below.
9. Is the Material used or reused
f ) as an ingredient in an Industrial process to Make
a new product without intermediate reclamation
(regeneration or recovery of Materials),
(] as an effective substitute for commercial products
in a particular function or application, or
I 1 as a substitute for raw Material feedstock in the
primary production process from which it was
generated, without being first reclaimed (a
closed-loop process)?
If any of the above apply, the activity is use or
reuse, and the material is not a solid waste.
If none of the above apply, go on to question (10).
( ) either a sludge or a by-product that
exhibits one of the characteristics of a
' hazardous waste given in 40 CFR 261.20-
.24, and that is not listed under 40 era
261.31-.32, or
{ ) a coMMercial chemical product that ex-
hibits a hazardous waste characteristic
or is listed under 40 CFR 261.33?
If -any of the above apply, the Material is
not a solid waste.
If none of the above apply, please review
the definitions of activities in this
Manual and reconsider your answers, or
call the RCRA Hotline for assistance.
Applicable Regulation*
1. is the waste exempt froM regulation (see the list in Exhibit 6)7
C
(X) no
10.
o
Is the Material regenerated or are Materials with value
recovered from the original material?
If yes, the activity is reclamation. Go on to question
(lOa).
If no, please review the definitions of activities In
this manual and reconsider your answers, or
call the RCRA Hotline for assistance.
lOa. Is the Material
(X) a hazardous waste listed under 40 CFR
261.31 or 261.32 (this provision
excludes commercial chemical products,
which are listed under 40 CFR 261.33),
( ) a spent material exhibiting one of the
characteristics of a hazardous waste
given in 40 CFR 261.20-.24, or
If yes, the Material is not regulated.
If no, the Material is regulated. See iteM (2), below.
2. The generator of the sludge is subject to requirements under 40
CFR 262. Transporters of the sludge are subject to requirements
under 40 CFR 263. Generators recycling the sludge on-site, off-
site recyclers and other parties handling the sludge prior to
recycling May be subject to storage facility requirements under
40 CFR 264 and 265 Subparts A through L. Generators who atore the
sludge for no More than 90 days in tanks or container* prior to
recycling are subject only to the requirements for accumulation
under 40 CFR 262.34. The reclamation process itself Is not regu-
lated. Any residues derived from recycling the sludge Must be
Managed as hazardous wastes.
Discussion!
Because this sludge is dewatered and Materials with value — the
Metals — are recovered from it, the process is classified as
reclamation. Listed sludges that are reclaimed are solid wastes and
thus are subject to RCRA Subtitle C regulation.
I ] a scrap metal?
If
the Material is
See applicable
any of the above apply
a solid waste.
regulations, below.
If none of the above apply, go on to question
(lOb).
-------
l>
RECLAMATION - SUIDGB 9
Description of Activityt
Electroplating sludge tram the wastewater treatment processes of
an electronics and computer Manufacturing fin (a sludge listed under
EPA Hazardous Waete No. F006> i> dewatered and reclaimed for its
•etals content, after which the metal* (Mostly copper) are sold.
What la the status of the eludge7
Questlone»
1. la the Material that is recycled a secondary Material?
(X) yea ( 1 no
If yes, go on to question (2).
If no, the Material is not a eolld waate.
2. Is the Material hazardous? (A Material is hasardoua if It is
listed under 40 CFR 261.30-.33 or exhibits one of the
characteristics of a hazardous waate given In 40 CFR 261.20-.24,
and la not specifically excluded froM the definition of hasardoua
waste under 40 CFR 261.4(b).)
[X] yea
C 1 «o
If yes, go on to question (1).
If no, the Material la not a solid waate.
3. Is the Material specifically excluded froM the definition of
aolid waste under 40 CFR 2«1.4(a) (see the list In Exhibit 5)7
I 1 y««
(X) no
If yea. the Material la not a solid waate.
If no, go on to question (4).
4. la the Material inherently waste-like (see the Hat in Exhibit 4)7
( 1 Y«» m no
If yea, the Material la a solid waste. See applicable
regulations, below.
If no, go on to question (5).
5. Does the activity serve a beneficial use?
[X) yes J J no
If yes, go on to question (6). ,
If no, the activity is not recycling, and the Material
is a rolld waste. See applicable regulations,
below.
Is there a feasible Meana for recycling the waste?
(X) yes | 1 no
If yea, go on to queation (Ca).
If no, go on to queation (6b).
6a. la at least 79 percent of the Material recycled within
one calendar year?
(X) yes
C 1 no
If yes, go on to question (7).
If no, go on to question (6b).
6b. is the Material a commercial chemical product that
exhibits a hasardoua waate characteristic or Is listed
as a hasardous wests in 40 CFR 261.33?
I 1 yes .
I ] no
If yes, go on to question (7).
If no, the practice is speculative
accumulation, and the Material Is a
solid wasts. See applicable
regulations, below.
Is the Material placed on the ground or uaed in a product that Is
placed on the ground?
C 1
[X] no
If yes, go on to question (7a).
If no, go on to question (•).
7a. Is the Material a commercial chemical product that
exhibits a hasardoua waate characteristic or is listeu
In 40 CFR 261.33 that is produced for application to
the land?
I 1 yes
f J no
If yes, the Material is not • solid wasts.
If no, the activity results in us*
constituting disposal and the Material
is a solid waate. See applicable
regulations, below.
Is the material used as a fuel or used to produce a fuel?
t 1 y»« IX] no
If yes, go on to question (8a).
If no, go on to question (9).
-------
8a. IB the Material a commercial chemical product that
exhibits a hazardous wasto characteristic or is listed
in 40 CFR 261.33 and that is produced to be burned as
fuel?
I 1 Y«
C 1 •»<»
If yes, the Material is not a solid waste.
If no, the activity results in burning for
energy recovery, and the Material is a
solid waste. See applicable
regulations, below.
9. Is the Material used or reused
( l as an ingredient in an industrial process to Make
a new product without intermediate reclamation
(regeneration or recovery of Materials),
I 1 as an effective substitute for commercial products
in a particular function or application, or
II as a substitute for raw Material feedstock in the
primary production process from which it was
generated, without being first reclaimed (a
closed-loop process)?
If any of the above apply, the activity is use or
reuse, and the Material is not a solid waste.
If none of the above apply, go on to question (10).
10.
Is the Material regenerated or are
recovered froM the original Material?
Materials with value
(X) yes
If yas.
If no.
I 1 no
the activity is reclamation. Go on to question
please review the definitions of activities in
this Manual and reconsider your answers, or
call the RCRA Hotline for assistance.
lOa. Is the Material
(la hazardous waste listed under 40 CFR
261.31 or 261.32 (this provision
excludes commercial chemical products,
which are listed under CFR 261.33),
( ) a spent Material exhibiting one of the
characteristics of a hazardous waste
given in 40 CFR 261.20-.24, or
( ) a scrap Metal?
If any of the above apply, the material la
a solid waste. See applicable
regulations, below.
If none of the above apply,
(lob).
go on to question
lOb. Is the Material
(X) either a sludge or a by-product that
exhibits one of the characteristics of a
hazardous waste given in 40 CFR 261.20-
.24, and that is not listed under 40 CFR
261.31-.32, or
[ ) a commercial chemical product that ex-
hibits • hazardous waste characteristic
or is listed under 40 CFR 261.33?
If any of the above apply, the Material is
not a solid waste.
If none of the above apply, please review
the definitions of activities in this
Manual and reconsider your answers, or
call the RCRA Hotline for assistance.
Applicable Regulations
1. Is the waste exempt from regulation (see the list in Exhibit 6)7
I 1 y«" C 1 no
If yes, the Material is not regulated.
If no, the Material is regulated. See item (2), below.
Disoussiont
Because Material with value — the zinc — is recovered from the
flue dusts, the process is classified as reclamation. Characteristic
sludges that are reclaimed are not solid wastes and are not subject to
RCRA Subtitle C regulation unless they are speoulatively accumulated
or the product of reclamation is used in a Manner constituting
disposal or burned as a fuel. Since these exceptions do not apply in
this case, the flue dusts are not a solid waste and are thus not
subject to RCRA Subtitle C regulation.
-------
RECUHATION - SUIOGE 10
Description of Activity!
Flu« duct* frost secondary copper SMlters (• sludge exhibiting
the characteristic of EP-toxlcity) are reclaimed tor thair zinc
contant by secondary sine saeltars. Tha sine la cold for u»a aa an
Ingredient In tha production o( galvanised Mtala.
What la tha atatua of tha f lua duata?
Queatlonat
1. la tha Material that la racyolad • aacondary Mtarlal?
IX) y«s I 1 no
If y«a, 90 on to quaation (2) .
If no, tha Mterial la not a aolld waata.
6.
2.
3.
4.
5.
la tha Mtarlal hasardoua? (A Mterlal la hasardoua If It la
llatad undar 40 CPU Jtl.30-.33 or exhlbita on* of tha
charactarlatica of a hasardoua waata glvan In 40 CFH 261.ao-.24,
and la not apaclflcally excluded fro» tba daflnitlon of hasardoua
waata undar 40 CFR 261. 4(b).)
(X)
I } no
If yes, go on to quaation (3) .
If no, tha Batarlal la not a solid waata.
la tha Mterlal apaolflcally axcludad fro* tha daflnitlon of
aolld waata undar 40 CFR 261. 4 (a) (aaa tha Hat In Exhibit 5)7
I )
IX) no
If yaa, tha Mterial la not a aolld waata.
If no, go on to quaation (4).
la tha Mtarlal Inharantly waate-llke (aaa tha llat In Exhibit 4)7
I ) yaa [X) no
If yaa, tha Batarlal la a aolld waata. Saa applicable
ragulatlona, balow.
If no, go on to quaation (3).
Doea the activity aerve a beneficial use?
(X) yaa I ) no
If yea, go on to queatlon (6).
If no, tha activity la not recycling, and tha Material
la a aolld waste. See applicable regulations,
below.
e.
la there a faaalble Mans for recycling the waate?
(X) yea { 1 no
If yea. go on to question (6a).
If no, go on to queatlon (6b).
6a.
'*'
la at leaet 75 percent of the Mterlal recycled within
on* calendar year?
IX] yea
( 1 no
If yea, go on to queatlon (7) .
If no, go on to queatlon <6b) .
6b* I*
Kiw *•*•**•! • cowwrclal chemical product that
axhlbita a hasardoua waate characteristic or la Hated
as a hasardoua waate In 40 CFR 261.337
)
( 1 no
I l y««
« y«». «o on to question (7).
If no, the practice is speculative
accumulation, and the Mtarlal la %
solid waate. Sea applicable
regulations, below.
(X) no
If yes, go on to question (7a).
If no, go on to question (•).
»«t*rial a couerclal che.lcal product that
a hasardoua waate characteristic or is listed
the land™ 2"'33 that 1- P«rod«'««« tor application to
( )
) no
If yes, the Mterlal is not a solid wast*.
if no, the activity results in use
constituting disposal and the Mterlal
is a solid waate. See applicable
regulations, below.
Is the Mterlal uaed aa a fuel or used to produce a fuel?
I ) y«« IX) no
If yes, go on to queatlon (Ba).
If no, go on to question (9).
-------
ea. Is the material a commercial chemical product that
exhibits a hazardous waste characteristic or is listed
in 40 CFR 261.33 and that Is produced to be burned as
fuel?
I ] yes ( 1 »o
If yes, the material is not a solid waste.
If no, the activity results in burning for
energy recovery, and the Material is
a solid waste. See applicable regu-
lations, below.
9. Is the material used or reused
i ] as an ingredient in an industrial process to make
a new product without intermediate reclamation
(regeneration or recovery of materials),
[] as an effective substitute for commercial products
In a particular function or application, or
[ 1 as a substitute for raw material feedstock In the
primary production process from which it was
generated, without being first reclaimed (a
closed-loop process)?
If any of the above apply, the activity is use or
reuse, and the material is not a solid waste.
. If none of the above apply, go on to question (10).
lOb. Is the material
10. Is the material regenerated or are materials
recovered from the original material?
with value
(X) yes I ] no
If yes, the activity is reclamation. Go on to question
If no, please review the definitions of activities in
this manual and reconsider your answers, or
call the RCRA Hotline for assistance.
lOa. Is the material
(X] either a sludge or a by-product that
exhibits one of the characteristics of a
hazardous waste given in 40 CFR 261.20-
.24, and that is not listed under 40 CFR
261.31-.32, or
( ) a commercial chemical product that exhi-
bits a hazardous waste characteristic or
is listed under 40 CFR 261.33?
If any of the above apply, the material is
not a solid waste.
If none of the above apply, please review the
definitions of activities In this manual
and reconsider your answers, or call the
RCRA Hotline for assistance.
Applicable Regulations!
1. Is the waste exempt from regulation (see the list In Exhibit 6)7
I J yes I I no
If yes, the material is not regulated.
If no, the material Is regulated. See item (2), below.
Discussion:
Because material with value — zinc — is recovered from the
electrostatic precipltator ash, the process is classified as
reclamation. Characteristic sludges that are reclaimed are not solid
wastes, and are not subject to RCRA Subtitle C regulation, unless they
are speculatlvely accumulated, or the product of reclamation is used
in a manner constituting disposal or burned as a fuel. Since these
exceptions do not apply in this case, the ash Is not a solid waste and
thus is not subject to RCRA Subtitle C regulation.
(
a hazardous waste listed under 40 CFR
261.31 or 261.32 (this provision
excludes commercial chemical products,
which are listed under 40 CFR 261.33),
[ ) a spent material exhibiting one of the
characteristics of a hazardous waste
given in 40 CFR 261.20-.24. or
( ) a scrap metal?
If any of the above apply, the material is a
solid waste. See applicable regula-
tions, below.
If none of the above apply, go on to question
(lOb).
-------
RECLAMATION - SLUDGE XI
Description ot Activltvi
Electrostatic preclpitator ash tram refuse Incineration flu* gas
in Municipal incinerators (a sludge exhibiting tha charactarlatic of
EP-toxlclty) !• extended with a weak acidic aolution to dissolve
line. Tha zinc is than extracted with an organic solvent and stripped
alectrolytlcally, yielding 100 percent pure sine that can be used in
the production of galvanised Metals.
What la the statua of the electrostatic preclpltator aah?
Questions:
1. la the Baterlal that is recycled a secondary Material?
|X) yes ( ) no
If yes, go on to question (2).
If no, the Material is not a solid waste.
2. Is the material hazardous? (A material is haiardoua if it is
listed under 40 CFR 261.10-.31 or exhibits one of the
characteriatlcs of a hazardous waste given in 40 CFR
261.20-. 24, and Is not specifically excluded tram the
definition of hazardous waste under 40 CFR 261.4(b|.)
(X) yes
( ) no
If yes, go on to question (3).
If no, the Material is not a solid wasts.
3. la the Material specifically excluded from the definition of
•olid waste under 40 CFR 261.4(a) (see the list in Exhibit
S)?
( I
m
If yes, the Material is not • solid waste.
If no, go on to question (4).
4. Is the Material Inherently waste-like (see the list in
Exhibit 4)7
C 1 Y««
(XI no
If yes, the Material is a solid waste. see applicable
regulations, below.
If no, go on to question (5).
5. Does the activity serve a beneficial use?
[X] yes ( ) no
If yes, go on to question (6).
If no, the activity is not recycling, and the Material
is a solid waste. See applicable regulations,
below.
Is there a feasible Means for recycling the waste?
(XI yes ( 1 no
If yes, go on to question (6a).
If no, go on to question (6b).
6a. Is at leaat 79 percent of the Material recycled within
one calendar year?
(XI yes
( )
If yes, go on to question (7).
If.no, go on to question (6b).
6b. Is the Material a commercial chemical product that
exhibits a hazardous waste characteristic or is listed
as a hazardous waste In 40 CFR 261.11?
( 1 y*> ( ) no
If yes, go on to question (7).
If no, the practice is speculative accumula-
tion, and the Material is a solid
waste. See applicable regulations,
below.
Is the Material placed on the ground or used In a product
that is placed on the ground?
( )
(X] no
If yes, go on to question (7a).
If no, go on to question (6).
7a. Is the Material a commercial chemical product that
exhibits a hazardous waste characteristic or is listed
in 40 CFR 261.31 that is produced for application to
the land?
( 1 Y««
t ) no
If yes, the Material is not a solid waste.
If no, the activity results In use constltu- •
ting disposal and the Material is a
solid waste. See applicable regula-
tions, below.
Is the Material used as a fuel or used to produce a fuel?
I 1 yes (XI no
If yes, go on to question (8a).
If no, go on to question (9).
-------
8a.
Is the Material a commercial chemical product that
exhibits a hasardous waste characteristic or Is listed
In 40 CFR 261.33 and that la produced to be burned as
fuel?
I 1
[ ] no
10.
If yes, the material is not a solid waste.
If no, the activity results in burning for
energy recovery, and the Material is
a solid waste. See applicable regu-
lations, below.
9. Is the Material used or reused
I ) as an ingredient in an industrial process to Make
a new product without intermediate reclamation
(regeneration or recovery of material*), ,
I ) as an effective substitute for commercial products
in a particular function or application, or
( ) as a substitute for raw Material feedstock in the
primary production process from which it was
generated, without being first reclaimed (a
closed-loop process)?
If any of the above apply, the activity is use or
. reuse, and the material is not a solid waste.
If none of the above apply, go on to question (10).
Is the Material regenerated or are Materials with value
recovered from the original Material?
(X) yes ( 1 no
If yes, the activity is reclamation. Go on to question
(lOa).
If no, please review the definitions of activities in
this Manual and reconsider your answers, or
call the RCRA Hotline for assistance.
loa. Is the Material
( ) a hazardous waste listed under 40 CFR
261.31 or 261.32 (this provision
excludes commercial chemical products,
which are listed under 40 CFR 261.33,
( ) a spent Material exhibiting one of the
characteristics of a hazardous waste
given in 40 CFR 261.20-.24, or
[ ] a acrap metal?
If any of the above apply, the material is a
solid waste. See applicable regula-
tions, below.
If none of the above apply, go on to question
(lOb).
lOb. Is the Material
(X) either a sludge or a by-product that
exhibits one of the characteristics of a
hazardous waste given in 40 CFR 261.20-
.24, and that is not listed under 40 CFR
261.31-.32, or
( ) a commercial chemical product that exhi-
bit* a hazardous waste characteristic or
is listed under 40 CFR 261.33?
If any of the above apply, the Material is
. not a solid waste.
If none of the above apply, please review the
definitions of activities in this Manual
and reconsider your answers, or call the
RCRA Hotline for assistance.
Applicable Regulations;
1. Is the waste exempt fro* regulation (see the list in Exhibit 6)7
( 1 yes I ) no
If yes, the Material is not regulated.
If no, the Material is regulated. See iteM (2), below.
Discussion t
Because separation of the Metals and oxides does not complete the
reclamation process, the Metals, like the unprocessed dross skimmings,
are a characteristic by-product. Smelting of the Metals to recover
copper and zinc constitutes reclamation. Characteristic by-products
that are reclaimed are not solid wastes and are not subject to RCRA
Subtitle C regulation.
See Alsoi Use Constituting Disposal - By-Product 1
Use Constituting Disposal - By-Product 2
-------
RECLAMATION - BY-PRODUCT I
Description of Activity;
Braes dross skimming* (• by-product exhibiting the characteristic
of EP-toxiclty) go through a proceesor which separates the petals from
the oxidee. The oxides (which exhibit EP-toxiclty) are then sold to a
fertiliser company that uses tha» as an Ingredient in fertillier. The
fertilizer, which also exhibits EP-toxicity, is sold to the general
public. The metals, which also exhibit EP-toxlolty, are sold to a
secondary smelter for recovery of copper and line.
What is the status of the metals?
Questionsi
1. Is the Material that is recycled • secondary material?
IX] yes [ 1 no
If yes, go on to question (2).
If no, the material is not • solid waste.
3. Is the material hazardous? (A material is hatardous if it is
listed under 40 CPR 261.30-.33 or exhibits one of the
characteristics of a hazardous waste given in 40 CFR 261.20-.24,
and is not specifically excluded from the definition of hasardous
waste under 40 CPR 261.4(b).)
1*1
[ ) no
If yes, go on to question (3).
If no, the material is not a solid waste.
3. Is the material specifically excluded from the definition of
solid waste under 40 CFR 261.4(a) (sss the list in Exhibit 5)7
( 1 y«B (X) no
If yes, the material is not a solid waste.
If no, go on to question (4).
4. Is the material Inherently waste-like (see the list in Exhibit 4)?
I ) y«» (X) no
If yes, the material la a aolid waste. See applicable
regulations, below.
If no, go on to question (5).
5. Does the activity serve a beneficial use? • •
IX) yea I J no
If yes, go on to question (6).
If no, the activity is not recycling, and the material
is a solid waste. See applicable regulations,
below.
6. Is there a feasible means for recycling the waste?
(X) yes [ 1 no
If yes, go on to question (6a).
If no, go on to question (6b).
6a. Is at least 75 percent of the material recycled within
one calendar year?
(X) yes
[ ] no
If yes, go on to question (7).
If no, go on to question (6b).
6b. Is the material a commercial chemical product that
exhibits • hasardous waste characteristic or is listed
as a hasardous waste In 40 CPR 261.33?
I 1
[ ] no
If yes, go on to question (7).
If no, the practice is speculative accumula-
tion, and the material is a solid
wast*. See applicable regulations,
below.
7. Is the material placed on the ground or used in a product that is
placed on the ground?
[ ] yes (X) no
If yes, go on to question (7a).
If no, go on to question (•).
7a. Is the material • commercial chemical product that
exhibits a hasardous waste characteristic or is listed
in 40 CPR 261.33 that is produced for application to
the land?
C ) yes
[ 1 no
If yes, the material is not a solid waste.
If no, the activity results in use constitu-
ting disposal and the material is a
solid waste. See applicable regula-
tions, below.
8. Is the material used as a fuel or used to produce a fuel?
I 1 y«» IXJ no
If yes, go on to question (Ba).
If no, go on to question (9).
-------
a.. IB tho material a commercial chemical
•xhlbit. a hazardous wast, characteristic or
in 40 CFR 261.33 and that is produced to be burned as
fuel?
[ ) yea { ) no
If yes, the Material Is not • solid waste.
If no, the activity results in burning for
energy recovery, and the Material is
a solid waste. See applicable regu-
lations, below.
9. Is the Material used or reused
ll as an ingredient in an Industrial process to Bake
a new product without intermediate reclamation
(regeneration or recovery of Materials),
I 1 as an effective substitute for commercial products
in a particular function or application, or
l 1 as a substitute for raw material feedstock in the
primary production process from which it was
generated, without being first reclaimed (a
closed-loop process)?
If any of the above apply, the activity Is use or
reuse, and the material is not a solid waste.
If none of the above apply, go on to question (10).
10.
is the material regenerated or are
recovered from the original material?
materials with value
(X) yes
If yes,
If no.
the activity is reclamation. Go on to question
please review the definitions of activities in
this manual and reconsider your answers, or
call the RCRA Hotline for assistance.
lOa. Is the material
IX] a hazardous waste listed under 40 CFR
261.31 or 261.32 (this provision
excludes commercial chemical products,
which are listed under 40 CFR 261.33),
( ] a spent material exhibiting one of the
characteristics of a hazardous waste
given in 40 CFR 261.20-.24, or
( ) a scrap metal?
If any of the above apply, the material is a
solid waste. See applicable regula-
tions, below.
If none of the above apply, go on to question
(lOb).
lOb. Is the material
[ ) either a sludge or a by-product that
exhibits one of the characteristics of a
hazardous waste given in 40 CFR 261.20-
.24, and that Is not listed under 40 CFR
261.31-.32, or
( ) a commercial chemical product that exhi-
bits a hazardous waste characteristic or
is listed under 40 CFR 261.33?
If any of the above apply, the material is
not a solid waste.
If none of the above apply, please review the
definitions of activities In this manual
and reconsider your answers, or call the
RCRA Hotline for assistance.
Applicable Regulations!
1. Is the waste exempt from regulation (see the list in Exhibit 6)7
2.
( )
(XI no
If yes, the material is not regulated.
If no, the material is regulated. See item (2), below.
The generator of the column bottoms and heavy ends is subject to
requirements under 40 CFR 262. Transporters of the column
bottoms and heavy ends are subject to requirements under 40 CFR
263. Generators recycling the column bottoms and heavy ends on-
site, off-site recyclers and other parties handling the column
bottoms and heavy ends prior to recycling may be subject to
storage facility requirements under 40 CFR 264 and 265 Subparts A
through L. Generators who store the column bottoms and heavy
ends for no more than 90 days in tanks or containers prior to
recycling are subject only to the requirements for accumulation
under 40 CFR 262.34. The reclamation process Itself is not
regulated. Any residues derived from recycling must be managed
as hazardous wastes.
Discussion;
Stripping of volatile materials and distillation to recover
hexachlorobutadlene are reclamation steps. Listed by-products that
are reclaimed are solid wastes and are subject to RCRA Subtitle C
regulation.
See Also:
Other - Non-Secondary Material 9
-------
C/i
RECLAMATION - BY-PRODUCT 2
Posertption of Actlvltyt
Column bottoms and haavy anda containing haxachlorobutadlana fro*
tha production of parchlorathlyana (a by-product that la llatad under
EPA Hazardous Haata No. K030) ara atrlppad of volatlla materials
(which ara racyclad back Into tha perchlorethylane process) and
further dlatlllad to recover marketable hexachlorobutadlena.
What la tha atatua of tha column bottoms and haavy anda?
Questions;
1. Is tha material that la racyclad a secondary Material?
[X] yea ( 1 no
If yea, 90 on to quaatlon (2).
If no. tha material la not a eolid waate.
2.
5.
la tha material hasardoua? (A material la hasardoua if it la
Hated under 40 CFH 261.30-. 33 or axhlbita one of the
characteristics of a hasardoua waste given in 40 cm 261.20-.24,
and la not specifically excluded from the definition of hazardous
waste under 40 CFR 261.4(b).)
|X) yea
C ) no
If yea, go on to queation (3).
If no, tha material la not a solid waste.
Is the material specifically excluded from the definition of
solid waste under 40 CFR 261.4(a) (see the Hat in Exhibit 5)7
( ) yea
[XJ no
If yea, tha material la not a solid waata.
If no, go on to question (4).
Is tha material Inherently waste-like (aaa tha Hat in Exhibit 4)7
( ) yea (X) no
If yea, the material la a solid waata. Sea applicable
regulations, below.
If no, go on to queation (5).
Does the activity serve a beneficial use?
(X) yea ( J no
If yes, go on to question (6).
If no, the activity is not recycling, and the material
is a solid waste. See applicable regulations,
below.
la there a feasible meana for recycling the waate?
(X) yea I J no
If yea, go on to queation (6a).
If no, go on to question (6b).
6a. la at laaat 73 percent of the Material recycled within
one calendar year?
IX] yea
I 1 no
If yea, go on to quaatlon (7).
If no, go on to queation (6b).
6b. la tha Material a commercial chemical product that
•xhlbita a hazardoua waate characteristic or la Hat*. 1
aa a hazardous waate in 40 CFR 261.33?
[ I y««
I 1 no
If yea, go on to queation (7).
If no, the practice Im apeculatlve accumula-
tion, and the material la a aolid
waate. See applicable regulationa,
below.
la tha material placed on the ground or uaed In a product that la
placed on tha ground?
( 1 Y«»
(X] no
If yea, go on to queation (7a).
If no, go on to queation (•).
7a. Ia the material a commercial chemical product that
exhlblta a hasardoua waate characterlatio or ia Hated
In 40 CFR 261.33 that ie produced (or application to
the land?
( 1 y«» ( I no
If yea, the Material ia not a aolld waate.
If no, the activity resulta in use constitu-
ting disposal and the Material ia a
•olid waste. See applicable ragula-
tlona, below.
la tha material uaad aa a fuel or uaad to produce' a fuel?
( 1 y«« (XJ no
• If yea, go on to queation (la).
If no, go on to question (9).
-------
8a. Is the
material a commercial chemical P"*** *£*
bits a hazardous waste characteristic or Is "Bte°
In 40 CFR 261.33 and that Is produced to be burned as
fuel?
I J yes ( 1 no
If yes, the material IB not a solid waste.
If no the activity results inburning for
energy recovery, and the material Is a
solid waste. See applicable
regulations, below.
9. IB the material used or reused
II as an Ingredient In an Industrial process to make
1 1 new product without Intermediate reclamation
(regeneration or recovery of materials),
II as an effective substitute for commercial products
In a particular function or application, or
[ ) as a substitute for raw material '••d»tock In the
primary production process from which It was
generated: without being first reclaimed (a
closed-loop process)?
If any of the above apply, the activity is use or
• - — - material is not a solid waste.
10.
reuse, and the ww^w**** •— ..—- — ,-_.
If none of the above apply, go on to question (10),
Is the material regenerated or are materials with
recovered from the original material?
value
(X) yes
( ]
If yes, the activity is reclamation. Go on to question
If no. please review the definitions of activities in
this manual and reconsider your answers, or
call the RCRA Hotline for assistance.
lOa. Is the material
fXl a hazardous waste listed under 40 CFR
261.31 or 261.32 (this provision
excludes commercial chemical products,
which are listed under CFR 261.33),
r i a spent material exhibiting one of the
characteristics of a hazardous waste
given in 40 CFR 261.20-.24, or
( ] a scrap metal?
If any of the above apply, the material is
a solid waste. See applicable
regulations, below.
If none of the above apply, go on to question
(lOb).
lOb. Is the Material
I ) either a sludge or a by-product that
exhibits one of the characteristics of a
hazardous waste given In 40 CFR 261.20-
.24, and that Is not listed under 40 CFR
261.31-.32, or
[ ] a commercial chemical product that
exhibits a hazardous waste
characteristic or is listed under 40 CFR
261.33?
If any of the above apply, the material Is
not a solid waste.
If none of the above apply, please review
the definitions of activities in this
manual and reconsider your answers, or
call the RCRA Hotline for assistance.
Applicable Regulations
1. IB the waste exempt from regulation (see the list In Exhibit 6)7
2.
t 1 Y«»
[XI no
If yes, the material is not regulated.
If no, the material is regulated. See Item (2), below.
The generator of the still bottoms is subject to requirements
under 40 CFR 262. Transporters of the still bottoms are subject
to requirements under 40 CFR 263. Generators recycling still
bottoms on-slte, off-site recyclers and other parties handling
the still bottoms prior to recycling may be subject to storage
facility requirements under 40 CFR 264 and 265 Subparts A through
L. Generators who store the still bottoms for no more than 90
days in tanks or containers prior to recycling are subject only
to the requirements for accumulation under 40 CFR 262.34. The
reclamation process Itself IB not regulated. Any residues de-
rived from recycling the still bottoms must be managed as
hazardous wastes.
Discussion:
Because materials with value — the chlorides — are reclaimed
from the still bottoms, the process Is classified as reclamation.
Listed wastes that are reclaimed are solid vaates, and are thus
subject to RCRA Subtitle C regulation.
See Also:
Reclamation - By-Product 4
-------
RECLAMATION - BY-PRODUCT 3
Description of Activity!
Still bottoM fro» the distillation of bensyl chloride in
chemicals manufacturing (a by-product lilted under RPA Hazardous Waste
No. K014) are reclained (or their chloride content. (The reclamation
operation i« not carried out in an incinerator.) The chlorides are
used as an ingredient to produce hydrochloric acid, which is used as a
feedstock in chemical Manufacturing.
What is the statue of the still bottoms prior to being reclaimed?
Queationei
1. Is the material that is recycled a secondary Material?
IX) yes { ] no
If yea, go on to question (2).
If no, the Material is not a solid waste.
a. Is the Material haaardous? (A Material is hazardous it it is
listed under 40 CFR 261.30-. 33 or exhibits one of the
characteristics of a hazardous waste given in 40 CFR 261.20-.24,
and is not specifically excluded from the definition of hazardous
waate under 40 CPU 261.4(b).)
[X) yes
I ) »o
If yes, go on to question (3).
If no, the Material is not a solid waste.
3. Is the Material specifically excluded from the definition of
solid waste under 40 CPR 261.4(a) (see the list in Exhibit 5)?
f 1 y««
(XI no
If yes, the Material is not a solid waste.
If no, go on to question (4).
4. is the Material Inherently waste-like (see the list in Exhibit 4)7
( ) yes (X) no
If yes, the Material is a solid waste. See applicable
regulations, below.
If no, go on to question (S).
5. Does the activity serve a beneficial use?
(X) yes ( ] no
If yes, go on •'O question (6).
If no, the activity is not recycling, and the Material
la a solid waste. See applicable regulations,
below.
6. Is there a feasible Mean* for recycling the waste?
(XI yes ( ) no
If yes, go on to question (6a).
If no, go on to question (6b).
6a. is at least 75 percent oC the Material recycled within
one calendar year?
(X) yes
t 1 no
If yes, go on to question (7).
If.no, go on to question (6b).
6b. is the Material • commercial chemical product that
exhibits a hazardous waste characteristic or is listed
es e hazardous wast* in 40 CFR 261.33? •
I )
C ) no
If yes, go on to question (7).
If no, the practice is speculative
accumulation, and the Material is a
solid waste. See applicable
regulations, below.
7. Is the Material placed on the ground or used in a product that is
placed on the ground?
I 1 y««
|X) no
If yes, go on to question (7a|.
If no, go on to question (•).
7a. Is the Material e commercial cheMical product that
exhibits a hazardous waste characterietlc or is listed
in 40 CFR 261.33 that is produced for application to
the land?
( 1 Y««
I 1 no
If yes, the Material is not a solid waste.
If no, the activity results in use
constituting . disposal and the Material
is e solid waate. See applicable
regulations, below.
Is the Material used as a fuel or used to produce a fuel?
( ] y«* (X] no
If yes, go on to question (8a).
If no, go on to question (9).
-------
8a. Is the material a commercial chemical product that
exhibits a hazardous waste characteristic or is listed
In 40 era 261.33 and that is produced to be burned as
fuel?
[ ) yes ( 1 no
If yes, the material la not a solid waste.
If no, the activity results in burning for
energy recovery, and the material is a
solid waste. See applicable
regulations, bslow.
9. Is the Material used or reused
( ) as an ingredient In an industrial process to Make
a new product without intermediate reclamation
(regeneration or recovery of Materials),
I ] as an effective substitute for commercial products
in a particular function or application, or
( ] as a substitute for raw material feedstock in the*
primary production process from which it was
generated, without being first reclaimed (a
closed-loop process)?
If any of the above apply, the activity is use or
reuse, and the Material la not a solid waste.
If none of the above apply, go on to question (10).
Is the Material regenerated or are Materials with
recovered from the original material?
10.
value
(X] yes
{ I no
If yes, the activity is reclamation. Go on to question
(lOa).
If no, please review the definitions of activities in
this Manual and reconsider your answers, or
call the RCRA Hotline for assistance.
lOa. Is the Material
( ) a hazardous waste listed under 40 CFR
261.31 or 261.32 (this provision
excludes commercial chemical products,
which are listed under CFR 261.33),
( ) a spent material exhibiting one of the
characteristics of a hazardous waste
given in 40 CFR 261. 20-. 24, or
( ) a scrap metal?
If
the material is
See applicable
any of the above apply,
a. solid waste.
regulations, below.
If none of the above apply, go on to question
(lOb).
lob. is the Material
(X) either a sludge or a by-product that
exhibits one of the characteristics of a
hazardous waste given in 40 CFR 261.20-
.24, and that is not listed under 40 CFR
261.31-.32, or
[ ) a commercial chemical product that
exhibits • hazardous waste
characteristic or is listed under 40 CFR
261.33?
If any of the above apply, the Material is
not a solid waste.
If none of the above apply, please review
the definitions of activities In this
Manual and reconsider your answers, or
call the RCRA Hotline for assistance.
Applicable Regulations
1.
Is the
6)?
process exempt froM regulation (see the list in Exhibit
I I y««
I ) no
It yes, the Material is not regulated.
If no, the Material is regulated. See item (2), below.
Discussloni
fro. "S!'"*n??t£5f1* wlt!V v«lu* — «•• chlorides ~ are reclaimed
from the still bottoms, the process is classified as reclamation.
Characteristic by-products that are reclaimed are not defined as solid
wastes and thus are not subject to RCRA Subtitle c regulation unless
they are speculatively accumulated, or the product of reclamation is
used in a Manner constituting disposal or burned as a fuel. since
I ™ityC9ft IonVdo "ot -PP^ ^ this case, the still bottom, are not
a solid waste and thus are not subject to RCRA Subtitle C regulation.
See Alsoi
Reclamation - By-Product 3
-------
RECLAMATION - BY-PRODUCT 4
Description of Activity:
Still bottom fro* cheMicals Manufacturing ' (a by-product
exhibiting th« characteristic of corroaivity) ara reolaiMed through a
cheMlcal treatment process for thalr chloride content. (The
raclaMation operation la not carried out In an Incinerator.) Tha
chlorldaa ara uaed aa an ingredient to produca hydrochloric acid,
which la uaad aa a feedstock In cheMlcal Manufacturing.
What la tha atatua of tha atill bottOMS prior to being reclaimed?
Questions» f
1. Is tha Material that ia recycled a aacondary Material?
IX) yea [ ) no
If yea. go on to question (2).
If no, tha Material ia not a solid waata.
2. Is tha Material hazardous? (A Mtarlal is hasardous if it la
Hated undar 40 CFR 261.30-. 33 or exhibits ona of tha
characteristics of a hasardous waata glvan in 40 CFR 261.20-.24,
and la not specifically excluded fro» tha definition of haiardoua
waata undar 40 CFR 261.4(b).)
(X] yas
I )
If yas, go on to question (3).
If no, tha Material is not a solid waste.
3. Ia tha Material apacltlcally excluded froa tha definition of
solid waata undar 40 CFR 261.4
-------
8a.
IB the Material a commercial chemical product that
exhibits a hazardous waste characteristic or Is listed
in 40 CFR 261.33 and that Is produced to be burned as
fuel?
I 1 Y«»
I 1 «M>
If yes, the Material Is not a solid waste.
If no, the activity results In burning for
energy recovery, and the Material Is a
solid waste. See applicable
regulations, below.
9. Is the Material used or reused
[1 as an ingredient in an Industrial process to Make
a new product without Intermediate reclamation
(regeneration or recovery of Materials),
( ] as an effective substitute for commercial products
in a particular function or application, or
[ ) as a substitute for raw Material feedstock In the
primary production process from which it was
generated, without being first reclaimed (a
closed-loop process)?
If any of the above apply, the activity Is use or
reuse, and the Material Is not a solid waste.
If none of the above apply, go on to question (10).
10.
Is the Material regenerated or are Materials
recovered from the original Material?
with value
(X) yes
C 1 no
If yes, the activity Is reclamation. Go on to question
(lOa).
If no, please review the definitions of activities In
this Manual and reconsider your answers, or
call the RCRA Hotline for assistance.
lOa. Is the Material
[X] a hazardous waste listed under 40 CFR
261.31 or 261.32 (this provision
excludes commercial chemical products,
which are listed under 40 CFR 261.33),
( ) a spent Material exhibiting one of the
characteristics of a hazardous waste
given in 40 CFR 261.20-.24, or
I ) a scrap Metal?
If
the material is
See applicable
any of the above apply
a solid waste.
regulations, below.
If none of the above apply, go on to question
(lob).
lOb. Is the Material
[ ] either a sludge or a by-product that
exhibits one of the characteristics of a
hazardous 'waste given in 4O CFR 261.20-
.24, and that is not listed under 4O CFR
261.31-.32, or
( ) a commercial chemical product that ex-
hibits a hazardous waste characteristic
or Is listed under 40 CFR 261.33?
If any of the above apply, the Material is
not a solid waste.
If none of the above apply, please review
the definitions of activities in this
Manual and reconsider your answers, or
call the RCRA Hotline for assistance.
Applicable Regulations
1. Is the waste exempt from regulation (see the list In Exhibit 6)?
2.
I ) YSS
[XI no
If yes, the Material Is not regulated.
If no, the Material Is regulated. See item (2), below.
The generator of the chlorinated hydrocarbon waste is subject to
.requirements under 40 CFR 262. Transporters of ths chlorinated
hydrocarbon waste are subject to requirements under 40 CFR 263.
Generators recycling the chlorinated hydrocarbon waste on-site,
off-site recyclers and other parties handling the chlorinated
hydrocarbon waste prior to smelting May be subject to storage
facility requirements under 40 CFR 264 and 265 Subparts A through
L. Generators who store the chlorinated hydrocarbon waste for no
More than 90 days in tanks or containers prior to recycling are
subject only to the requirements for accumulation under 40 CFR
262.34. The reclamation process itself is not regulated. Any
residues derived from recycling the chlorinated hydrocarbon waste
Must be Managed as hazardous wastes.
Discussion>
Because Materials with value — the lead — are recovered from
the waste, the process Is classified as reclamation.. Listed by-
products that are reclaimed are solid wastes and are thus subject to
RCRA Subtitle C regulation.
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RECLAMATION - BY-PRODUCT 5
Dascript Ion of Activity;
Chlorinated hydrocarbon waete fro* the purification step of the
diaphragm c»ll process using graphite anodes In chlorine production
(by-product* Hated under EPA Hazardous Haste No. K073) ara eMelted to
recover lead.
What la the status o( the chlorlnatad hydrocarbon woata?
Questlonat
I. IB the Material that la recycled • aacondary Material?
1*1 yes (1 no
K yes, go on to question (2).
If no, the Material is not a solid waste.
2. Is the Material hazardous? (X Material Is hazardous If It Is
lUted under 40 CFR 3C1.10-.31 or exhibits one of the
characteristics of a hazardous waste given In 40 CFR 2CI.ao-.24,
and Is not specifically excluded fro* the definition of hazardous
waste under 4O CFR 2el.4(b).)
IX) yes
( I no
If yes, 90 on to question (1).
It no, the Material Is not a solid waste.
1. Is the Material specifically excluded froM the definition of
solid waste under 40 CFR 261.4(a) (see the list In Exhibit 5)7
( I yes
(XJ no
If yes, the Material Is not a solid waste.
If no, go on to question (4). *
4. Is the Material Inherently waste-like (see the list In Exhibit 4)7
I I yes (XJ no
If yes, the Material Is a solid waste. See applicable
regulations, below.
If no, go'on to question (5).
5. Does the activity serve a beneficial use?
|X| yes | | no
If yes, go on to question (6).
If no, the activity is not recycling, and the Material
Is a solid waste. See applicable regulations,
below.
6. Is there a feasible Means for recycling the waste?
(X) yes | ) no
If yes, 90 on to question (ta).
If ho, go on to question (6bj.
«*. Is at least 7S percent of the Material recycled within
one calendar year}
|X) yes
I ) no
If yes, 90 on to question J7).
It no, go on to question (*b).
6b. Is the Material • coMarclal cheMlcal product that
exhibits a hazardous waste characteristic or is listed
as • hazardous waste in 40 CFR 261.11?
I ) yes
I I no
If ye*, go on to question (7).
If no, th* practice 1* speculative!
accumulation, and th* Material is •
•olid wast*. see applicable
regulation*, below.
7. Is th* Material placed on the ground or used in • product that U
placsd on the ground?
I ) yes IX) no
If yes. 90 on to question (7a).
If no. go on to question (•).
7a. Is the Material a co»erclal chenlcal product that
exhibit* • hazardous wast* characteristic or la listed
in 40 era 261.11 that Is produced for application to
the land?
I ) yes •
I J no
If yes, th* Material 1* not a solid wast*.
If no. the . activity results in use
constituting disposal end th* Material
la a solid waste. See applicable
regulations, below.
a. Is the Material used as a fuel or used to produce a fuel?
I ) yes |X) no
If yes, go on to question (Ba).
If no, go on to question (9).
-------
•a. la tha Batarlal • couarclal chaaical product that
axhlblta a hasardoua waata charactarlatlc or la llatad
In 40 CFR 261.JJ and that la producad to ba burnad aa
(ual?
f 1 ¥••
I ] no
If yaa, tha Mtarlal la not a aolld waata.
If no, • tha activity raaulta In burning for
anargy racovary. and tha Batarlal la a
•olid waata. Baa appllcabla
ragulatlona, balow.
*. la tha Batarlal uaad or rauaad
I ]
aa an Ingradlant In an Industrial procaaa to »aka
a naw product without Intaraadlata raclaaatlon
(raganaratlon or racovary of matarlala) ,
aa an affaotlv* aubatltuta for coBaarclal product*
In • particular function or application, or
I 1 ••
a aubatltuta for raw Batarlal faadatock In tha
prlaary production procaaa from which It waa
ganaratad, without balng flrat raclalBad (a
cloaad-loop procaaa)?
If any of tha abova apply, tha activity la uaa or
rauaa, and tha Batarlal la not a aolld waata.
If nona of tha abova apply, go on to quaatlon (10).
10. la tha Batarlal raganaratad or ara Batarlala with valu«
racovarad froB tha original Batarlal?
(X) y«« ( I no
If yaa, tha activity la raclaaatlon. Go on to quaatlon
(lOa).
If no, plaaaa ravlaw tha daflnltlona of actlvltlaa In
thla Banual and raconaldar your anawara, or
call tha RCRA Hot Una for aaalatanca.
lOa. la tha Batarlal
(X) a hasardoua waata llatad undar 40 CFR
3*1.31 or 241.32 (thla provision
axcludaa couarclal chaalcal products,
which ara llatad undar 40 CFR 2(1.33),
( ) a apant Batarlal exhibiting ona of tha
charactarlatlca of a hazardous waata
glvan In 40 CFR 2C1.20-.24, or
( ) a acrap Batal?
If any of tha abova apply, tha Batarlal la
a aolld waata. Baa appllcabla
regulations, balow.
If nona of tha abova apply, go on to question
lOb. la tha Batarlal
| ] althar a aludga or a by-product that
axhlblta ona of tha charactarlatlca of a
hasardoua waata glvan In 40 era 241.20-
.24, and that la not llatad undar 40 cm
2C1.31-.31, or
(}a coBBarolal chaatcal product that ax-
hlblta a hatardoua waata charactarlatlc
or la llatad undar 40 cm 261.31?
If any of tha above apply, tha Batarlal la
not a aolld waata.
If nona of tha abova apply, plaaaa ravlaw
tha daflnltlona of aotlvltlaa In thla
•anual and raconaldar your anawara, or
call tha RCRA Hot Una tor aaalatanca.
Applloabla Ragulatlona
1.' la tha waata axaapt fro* ragulatlon (aaa tha Hat In Exhibit 4)7
I 1
(XI no
If yaa, tha Batarlal la not ragulatad.
If no, tha Batarlal la ragulatad. Saa Itaa (2). balow.
Ttia ganarator of tha aludgaa la aubjaot to raqulraaanta undar 40
CFR 242. Tranaportara of tha aludgaa ara aubjaot to raqulraaanta
undar 40 CFR 2(3. Ganaratora recycling tha aludgaa on-alta, off-
alta raoyolara and othar partlaa handling tha aludgaa prior to
racyollng Bay ba aubjaot to atoraga facility ragulraaanta undar
40 CFR 244 and 2«5 Subparta A through L. Ganaratora who atora tha
aludgaa for no Bora than »0 daya In tanka or contalnara prior to
racyollng ara aubjact only to tha raqulraaanta for accumulation
undar 40 CFR 2*2.34. tha rsclaaatlon procaaa Itaalf la not
ragulatad. Any raalduaa darlvad froB racy cling tha aludgaa Bust
ba Banagad aa hasardoua waataa.
Dlacuaaloni
Bacauaa Batarlal with valua — Barcury — la racovarad froa tha
waata, tha procaaa IB olaaalflad aa raclaaatlon. Llatad by-products
that ara raclalaad ara aolld waataa and ara thua subjsct to RCRA
Subtltla c ragulatlon.
-------
RECLAMATION - BY-PRODUCT 6
Description of Activity!
Chloralkali sludges (by-products listed under EPA Hazardoua Haste
Ho. K071) ar« dewatared, roasted, condanaad and desisted to racovar
•arcury.
What la tha atatua ot the sludges?
Questions;
1. la tha Material that ia racyclad a aacondary Material?
[X] yaa I 1 no
If yaa, go on to quaatlon (2).
If no, tha Batarlal is not a solid wast*.
2. Is tha Batarlal hazardous? (A Batarlal is hazardous if it is
Hated undar 40 CFR 241.30-.33 or axhiblts ona of tha
characteristics of • hazardous vasts givan in 40 CFR 261.20-.24,
and is not specifically excluded froa tha dafinition of hazardous
waste undar 40 CFR 261.4(b).)
(X) yas
I J no
If yas, go on to quaatlon (1).
If no, tha Batarial is not a solid waste.
3. Is tha Batarlal specifically excluded froM tha dafinition of
solid waste undar 40 CFR 261.4(a) (saa tha list in Exhibit 5)7
c i y«
(X) no
If yas, tha Batarial la not a solid waste.
If no, go on to question (4).
4. Is tha Batarlal Inherently waste-like (see tha list in Exhibit 4)7
I 1 yas (X) no
if yas, tha Batarlal ia a solid waste. Saa applicable
regulations, below.
If no, go on to question (S).
5. Does tha activity serve a beneficial use?
IX) yea ( ) no
If yes, go on to question (6).
If no, tha activity is not recycling, and tha Material
ia a solid waste. See applicable regulations,
below.
6. Is there • feasible Beans for recycling the waste?
1*1 yes | J no
If yes, go on to question (6a).
If no, go on to question (6b).
6a. Is at leaat 75 percent of the material recycled within
one calendar year?
C*l yes
C J no
If yes, go on to question (7).
If-no, go on to question (6b).
6b. Is the Batarlal e ooBBerolal cheaical product that
exhibits a hazardoua waste characteristic or is listed
as a hazardous waste in 40 CFR 261.33?
( 1 yes
( 1 no
If yea, go on to question (7).
If no, the practice is speculative
accuBUlation, and the Batarlal is a
solid waste. See applicable
regulations, below.
7. Is the Batarlal placed on the ground or used in a product that ia
placed on the ground?
I J Yea
(X) no
If yea, go on to question (7s).
If no, go on to question (S).
7a. is the Material • coMarolal chaalcal product that
exhibits a hazardoua waste characteristic or is Hated
in 40 CFR 261.33 that is produced for application to
the land?
{ )
( ) no
If yes, the Material is not a solid waste.
If no, the activity results in use
constituting . disposal and the Batarial
is a solid waste. See applicable
regulations, below.
8. Is the Material used as • fuel or used to produce a fuel?
( 1 y«» (X) no
If yes, go on to question (8a).
If no, go on to question (9).
-------
8a.
Is the material • commercial chemical product that
exhibits a hazardous waste characteristic or la listed
In 40 CFR 261.33 and that Is produced to be burned as
fuel?
lOb. Is the material
c i y««
I I no
If yes. the Material Is not a solid waste.
If no, the activity results In burning for
energy recovery, and the material is a
solid waste. See applicable
regulations, below.1
9. Is the material used or reused
[1 as an ingredient in an industrial process to Bake
a new product without intermediate reclamation
(regeneration or recovery of materials),
[ ) as an effective substitute for commercial products
in a particular function or application, or
[ ] as a substitute for raw material feedstock in the
primary production process from which it was
generated, without being first reclaimed (a
closed-loop process)?
If any of 'the above apply, the activity is use or
reuse, and the material is not a solid waste.
If none of the above apply, go on to question (10).
10.
Is the material regenerated or are materials
recovered from the original material?
with value
( ] yes
I 1 no
If yes, the activity is reclamation. Go on to question
If no, please review the definitions of activities in
this manual and reconsider your answers, or
call the RCRA Hotline for assistance.
lOa. Is the material
( ] a hazardous waste listed under 40 CFR
261.31 or 261.32 (this provision
excludes commercial chemical products,
which are listed under 40 CFR 261.33),
[ ) a spent material exhibiting one of the
characteristics of a hazardous waste
given in 40 CFR 261. 20-. 24, or
( ) a scrap metal?
If
the material Is
See applicable
any of the above apply
a solid waste.
regulations, below.
If none of the above apply, go on to question
(lOb).
( ] either a sludge or a by-product that
exhibits one of the characteristics of a
hazardous waste given in 40 CFR 261.20-
.24, and that is not Hated under 40 CFR
261.31-.32, or
I ) a commercial chemical product that
exhibits a hazardous waste
characteristic or is listed under 40 CFR
261.33?
If any of the above apply, the material Is
not a solid waste.
If none of the above apply, please review
the definitions of activities in this
manual and reconsider your answers, or
call the RCRA Hotline for assistance.
Applicable Regulations
1. Is the waste exempt from regulation (see the list in
Exhibit 6)7
t ) V«» ' (X) no
If yes, the material is not regulated.
If no, the material is regulated. See item (2), below.
2. The generator of the polypropylene residues is subject to
requirements under 40 CFR 262. . Transporters of the polypropylene
are subject to requirements under 40 CFR 263. Generators
recycling the polypropylene on-site, off-site recyclers and other
parties handling the polypropylene prior to recycling may be
subject to storage facility requirements under 40 CFR 264 and 265
Subparts A through L. Generators who store the polypropylene for
no more than 90 days in tanks or containers prior to recycling
are subject only to the requirements for accumulation under 40
CFR 262.34. Residues from recycling the polypropylene must be
managed as hazardous wastes if they themselves exhibit any
hazardous waste characteristics.
Dlscuaaloni
The processor who separates the residual solvents and the
polymeric residues from the polypropylene residues is reclaiming this
material. When reclaimed, a characteristic by-product ordinarily la
not defined as a solid waste. However, because a product of the
reclamation process is Incorporated into a product that is placed on
the ground, this activity starts a chain that results in use
constituting disposal. Hence the polypropylene Is a solid waste, and
is subject to RCRA Subtitle C regulation.
See Also: Other - Non-Secondary Haterlal 13
Other - Non-Hazardous Secondary Haterlal 6
Other - Non-Hazardous Secondary Material 7
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RECLAMATION - BY-PRODUCT 7
Description of Activity!
steam stripper condeneata trom the petroleum refining process,
contaminated with phenol (• by-product exhibiting the characteristic
of Ignitablllty) goee through a solvent extraction process to recover
the phenol, which Is reused In petroleum refining to Improve the
viscosity of lube oils.
What Is the status of the steam stripper condensate prior to
solvent extraction?
Questions!
1. Is the material that Is recycled • secondary material?
IX] yes | 1 no
If yes, go on to question (I).
If no, the material Is not • solid waste.
2. Is the material hazardous? (A material Is hazardous If It Is
listed under 40 CFR 261.30-.33 or exhibits one of the
characteristics of a hazardous waste given In 40 CFR 261.20-.24,
and is not specifically excluded from the definition of hazardous
waste under 40 CFR 261.4(b).)
(X) yes
I I
If yes, go on to question (3).
If no, the material is not a solid waste.
3. Is the material specifically excluded from the definition of
solid waste under 4O CFR 261.4(a) (see the list In Exhibit 5)?
( I y«" (X) no
If yes, the material is not a solid waste.
If no, go on to question (4).
4. Is the material inherently waste-like (see the list In Exhibit 4)?
I 1 y«s (XI no
If yes, the material Is a solid waste. See applicable
regulations, below.
If no, go on to question (S).
5. Does the activity serve a beneficial use?
(X) yes ( | no
If yes, go on to question (6).
If no, the activity Is not recycling, and the material
is a solid waste. See applicable regulations,
below.
Is there • feasible means for recycling the waste?
fX] yes | ] no
If yes, go on to question (6a).
. If no, go on to question (6b).
6a. Is at least 75 percent of the material recycled within
one calendar year?
[X] yes
( 1 no
If yes, go on to question (7).
If no, go on to question (6b).
6b. Is the material a commercial chemical product that
exhibits a hazardous waste characteristic or Is listed
as a hazardous waste in 40 CFR 261.33?
I 1 y«"
I I no
If yes, 90 on to question (7).
If no, the practice la speculative
accumulation, and the material Is •
solid wast*. See applicable
regulations, below.
Is the material placed on the ground or used In * product that Is
placed on the ground?
I I y»«
|XJ no
If yes, go on to question (7a).
If no, go on to question (•).
7a. Is the material • commercial chemical product that
exhibits a hazardous waste characteristic or is listed
In 40 CFR 261.33 that Is produced for application to
the land?
( ] yes ( ) no
If yes, the material Is not • solid waste.
If no, the activity results In use
constituting disposal and the material
Is a solid waste. See applicable
regulations, below.
Is the material used as • fuel or used to produce a fuel?
I J yes (XJ no
If yes, go on to question (8a).
If no, go on to question (9).
-------
• a.
I. th. material a commercial chemical P"**"*
exhibits a hazardous waste characteristic or Is listed
In Jo CTR 2«.» and that 1. produced to be burned a.
fuel?
lob. Is the material
I I y«"
I 1
O
A
If yes, the materiel is not a solid waste.
If no, the activity "wlt£ in burning '°*
energy recovery, and the material is a
solid waste. See applicable
regulations, below.
9. Is the material used or reused
I 1 as an Ingredient In an industc^al process to make
1 ' a new product without intermediate reclamation
(regeneration or recovery of materials),
f 1 as an effective substitute for commercial products
In a particular function or application, or
l ) as a substitute for raw material feedstock in the
primary production process from which It was
generated, without being first reclaimed (a
closed-loop process)?
If any of the above apply, the activity is use or
reuse, and the material is not a solid waste.
If none of the above apply, go on to question (10).
10. Is the material regenerated or are materials with
recovered from the original material?
value
W yes
I 1 •>"
Go on to question
If yes, the activity Is reclamation.
If no please review the definitions of activities In
' this manual and reconsider your answers, or
call the RCRA Hotline for assistance.
lOa. Is the material
I I a hazardous waste listed under 40 CFR
261.31 or 261.32 (this provision
excludes commercial chemical products,
whlcTTara listed under 40 CFR 261.33),
I 1 a spent material exhibiting one of the
characteristics of a hazardous waste
given In 40 CFR 261.20-.24, or
( ) a scrap metal?
If any of the above apply, the material Is
a solid waste. Bee applicable
regulations, below.
If none of the above apply, go on to question
(lOb).
(X) either a sludge or a by-product that
exhibits one of the characteristics of a
hazardous waste given In 40 CFR 261.20-
.24, and that Is not listed under 40 CFR
261.31-.32, or
( ) • commercial chemical product that ex-
hibits a hazardous waste characteristic
or Is listed under 40 CFR 261.33?
If any of the above apply, the material Is
. not • solid waste.
If none of the above apply, please review
the definitions of activities In this
manual and reconsider your answers, or
call the RCRA Hotline for assistance.
Applicable Regulations
1. Is the waste exempt from regulation (see the list In Exhibit 6)7
[ J yes [ J no
If yes, the material la not regulated.
If no, the material Is regulated. Sea Item (2), below.
Dlscussloni
Because solvent extraction recovers materials of value — phenol
— from the condensata, the process is defined as reclamation.
Characteristic by-products that are reclaimed are not defined as solid
wastes and thus are not subject to RCRA Subtitle C regulation unless
they are speculatlvely accumulated, or the product of reclamation Is
used In a manner constituting disposal or burned as a fuel. Since
these exceptions do not apply in this case, the steam stripper
condensata is not a solid waste and thus is not subject to RCRA
Subtitle C regulation.
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RECLAMATION - BY-PRODUCT •
•Si
^
A
peacription of Acttvityt
s s
hexachlorobenzene
and
than marketed.
What !• tha status of the waste stream containing
hexachlorobanzene and hexachlorobutadiane?
Questions!
1. la tha Material that la racyolad • aacondary Material?
(X] yaa ( ) no
If yaa, go on to queatlon (2).
If no, tha Material la not a eolld vaate.
2. la tha Material haiardoua? (A Mtarlal is hazardous If It la
llatad undar 40 CFR 261. 30-. 31 or «xhibit« one of the
charactarlatlca of a hazardoua waata qlvan In 40 CFR 261. 20-. 24.
and la not •pacifically axcludad fro. tha daflnitlon of hazardoua
waata undar 40 CFR 261. 4 (b).)
3.
4.
5.
(X) yea
{ 1 no
If yaa. go on to question (3). •
If no. tha malarial la not a solid waata.
I. tha Material apaclflcally axcludad fro- the *«"nj"on of
•olid waste undar 40 CFR 261.4(a) (aaa tha list In Exhibit 5)7
)
(XJ no
If yaa, tha Mtarlal la not a aolld waata.
If no, go on to question (4).
la tha material inherently waste-like (see tha list in Exhibit 4)7
[ } yaa (X) no
If yaa, tha material la a aolld waata. Sea applicable
regulations, below.
If no, go on to question (S). •
Doea the activity serve a beneficial use?
(XI yea I ] no
If yea, go on to question (6).
If no, the activity is not recycling, and tha material
la a solid waste. See applicable regulations,
below.
Is thera • feaaible means for recycling tha waata?
(X] yes | 1 no
If yes, go on to question (6a).
If no, go on to question (6b).
6a. Is at least 75 percent of tha material recycled within
one calendar year?
|X] yes
I 1 no
6b.
If yes, go on to question (7).
If no, go on to question <6b).
la tha Material a commercial chemical product that
exhibits a hazardous waste characteristic or is listed
as a hazardous waste in 40 CFR 261.33?
I 1 Y«»
) no
If yes, go on to question (7).
If no, the practice ia speculative
accumulation, and the Material is a
solid waste. See applicable
regulations, below.
Is the Material placed on the ground or used in a product that is
placed on the ground?
f 1 yea
fit]
7a.
If yes, go on to question (7a).
It no, go on to question (a).
la the Material a commercial chemical product that
exhibits a hazardous waate characteristic or is listed
in 40 CFR 261.33 that is produced for application to
the land?
( 1 yea I ) no
If yes, the Material is not a solid waste.
If no, the activity results in use
constituting disposal and the Material
ia a solid waste. See applicable
regulations, below.
Is the Material used as a fuel or used to produce a fuel?
( 1 yes [X] no
If yes, go on to question (8a).
If no, go on to question (9).
-------
Ba.
I. th. material a commercial chemical
exhibits a hazardous wast. characteristic or is
In 40 CFR 261.33 and that IB produced to be burned
fuel?
lOb. Is the Material
I 1
I 1 no
ro
A
If yes, the material is not a solid
If no, the activity results in burning for
energy recovery, and the Material is a
solid waste. See applicable
regulations, below.
9. is the Material used or reused
I l as an ingredient in an industrial process to Make
a new product without intermediate reclaMatlon
(regeneration or recovery of Materials),
l l as an effective substitute for coMMercial products
in a particular function or application, or
11 as a substitute for raw Material feedstock in the
primary production process from which it was
generated, without being first reclaimed (a
closed-loop procesa)?
If any of the above apply, the activity is use or
reuse, and the material IB not a solid waste.
If none of the above apply, go on to question (10).
10. Is the material regenerated or are materials with value
recovered from the original material?
(X) yes
C 1 no
If yes, the activity Is reclamation. Go on to question
If no, please review the definitions of activities in
this Manual and reconsider your answers, or
call the RCRA Hotline for assistance.
loa. Is the Material
( 1 a hazardous waste listed under 40 CFR
261.31 or 261.32 (this provision
excludes commercial chemical products,
which are listed under CFR 261.13),
I ) a spent material exhibiting one of the
characteristics of a hazardous waste
given in 40 CFR 261.20-.24, or
( ) a scrap metal?
If any of the above apply, the material Is
a solid waste. See applicable
regulations, below.
If none of the above apply, go on to question
(lOb).
[X] either a sludge or a by-product that
exhibits one of the characteristics of a
hazardous waste given in 40 CFR 261.20-
.24, and that is not listed under 40 CFR
261.31-.32, or
[ ) a commercial chemical product that
exhibits a hazardous waste
characteristic or is listed under 40 CFR
261.33?
If any of the above apply, the Material IB
not • solid waste.
If none of the above apply, please review
the definitions of activities in this
manual and reconsider your answers, or
call the RCRA Hotline for assistance.
Applicable Regulations
1. la the waste exempt from regulation (see the list in Exhibit 6)7
( ) yes I 1 no
If yes, the material IB not regulated.
If no, the Material is regulated. See item (2), below.
Discussionl
Distillation of the waste stream containing hexachlorobenzene and
hexachlorobutadlene constitutes a reclamation step. Characteristic
by-products that are reclaimed are not defined as solid wastes and are
not subject to Subtitle C regulation unless they are speculatlvely
accumulated, or the product of reclamation is used in a manner con-
stituting disposal or burned as a fuel. Since these exceptions do not
apply In this case, th* Initial waste stream Is not a solid waste and
thus is not subject to RCRA Subtitle C regulation.
See alsos
Other - Non-Secondary Material 10
-------
CO
A
RECLAMATION - BY-PRODUCT 9
Description of Activityi
Polyurethane residues (a by-product exhibiting the characteristic
of ignitabilityl are distilled to recover m«thylene chloride for use
in industrial applications.
What ia the statue of the polyurethane residues?
Questions;
1. IB the Material that is recycled a secondary Material?
(X) yea ( ) no
If yes, go on to question (2).
If no, the Material is not a solid waste.
2. Is the Material hazardous? (A Material is hazardous if it is
listed under 40 CFR 261.30-. 33 or exhibits one of the
characteristics of a hazardous waste given in 40 CFR 261.20-.24.,
and is not specifically excluded from the definition of hazardous
waste under 4O CFR 261.4(b).)
3.
5.
(XI yes
I 1 no
If yes, go on to question (3).
If no, the Material is not a solid waste.
IB the Material specifically excluded from the definition of
solid waste under 40 CFR 261.4(a) (see the list in Exhibit 5)7
( I y«s (XI no
If yes, the Material ia not a aolid waate.
If no, go on to question (4).
Is the Material inherently waste-like (see the list in Exhibit 41?
I 1 yes (X) no
If yes, the Material is a solid waste. See applicable
regulations, below.
If no, go on to question (5).
Does the activity serve a beneficial use?
(X) yea I 1 no
If yes, go on to question (6).
If no, the activity is not recycling, and the Material
is a solid waste. See applicable regulations,
below.
Is there a feasible Means for recycling the waste?
(XI yes ( 1 no
If yea, 90 on to question (6a).
If no, go on to question (6b).
6a. Is at least 75 percent of the Material recycled within
one calendar year?
(X) yes
( 1 no
6b.
If yes, go on to question (7).
If.no, go on to question (6b).
la the Material a commercial chemical product that
exhibita a haiardous waste characteristic or is listed
as a hazardous waate in 40 CFR 261.33?
( )
I 1 no
If yes, go on to question (7).
If no, the practice ia speculative
accumulation, and the Material i* a
solid waate. See applicable
regulations, below.
Is the Material placed on the ground or used in a product that is
placed on the ground?
( 1
(XI no
If yes, go on to question (7a).
If no, go on to question (8).
la the Material a commercial chemical product thet
exhibita a hazardous waste characteristic or ia Hated
in 40 CFR 261.33 that ia produced for application to
the land?
f 1 Y«
( 1 no
If yea, the Material ia not a solid wasta.
If no, the activity results in uae
constituting . disposal and the Material
is a solid waste. See applicable
regulations, below.
Is the Material used as a fuel or used to produce' a fuel?
I ) y«« IX] no
If yes, go on to question (8a).
If no, go on to question (9).
-------
8a. I. the -at.rial a commercial chemical £"*•«*
.xhlbit. a hazardous wast. ?h««*j«rl.th5 or 1-
In 40 CFR 261.33 and that im produced to be burned as
fuel?
lOb. Is the material
[ )
( ]
h-
rj
£>
A
If yes, the material is not a solid __
If no the activity results in burning for
energy recovery, and the material is a
solid waste. See applicable
regulations, below.
9. Is the material used or reused
II as an ingredient in an Industrial process to make
1 ' a new product without intermediate reclamation
(regeneration or recovery of materials),
r 1 as an effective substitute for commercial products
in a particular function or application, or
10.
[ 1 as a substitute for raw material feedstock in the
primary production process from which it was
generated; without being first reclaimed (a
closed-loop process)?
If any of the above apply, the activity is use or
reuse, and the material is not a solid v"te.
If none of the above apply, go on to question (10).
I. the material regenerated or are materials with value
recovered from the original material?
[XJ yes
t 1 no
If yes, the activity is reclamation. Go on to question
If no. please review the definitions of activities in
this manual and reconsider your answers, or
call the RCRA Hotline for assistance.
loa. Is the material
I 1 a hazardous waste listed under 40 CFR
261.31 or 261.32 (this provision
excludes commercial chemical products,
which are listed under 40 CFR 261.33),
r i a spent material exhibiting one of the
characteristics of a hazardous waste
given in 40 CFR 261.20-.24, or
[ ] a scrap metal?
If any of the above apply, the material is
a solid waste. See applicable
regulations, below.
If none of the above apply, go on to question
(lob).
(X] either a sludge or a by-product that
exhibits one of the characteristics of a
hazardous waste given In 40 CFR 261.20-
.24, and that Is not listed under 40 CFR
261.31-.32, or
[ ) a commercial chemical product that ex-
hibits a hazardous waste characteristic
or is listed under 40 CFR 261.33?
If any of the above apply, the material is
not a solid waste.
If none of the above apply, please review
the definitions of activities in this
manual and reconsider your answers, or
call the RCRA Hotline for assistance.
Applicable Regulations
1. Is the waste exempt from regulation (see the list in Exhibit 6)7
[ ) yes I ) no
If yes, the material is not regulated.
If no, the material is regulated. See item (2), below.
DiscuBsioni
Because material with value — the methylene chloride — is
recovered, the distillation is classified as a reclamation step.
Characteristic by-products that are reclaimed are not defined as solid
wastes and are not subject to RCRA Subtitle C regulation unless they
are speculatlvely accumulated or the product of reclamation is used in
a manner constituting disposal or burned as a fuel. Since theaa
exceptions do not apply to this case, the polyurethane residues are a
solid waste and thus are not subject to RCRA Subtitle C regulation.
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C/l
A
RECLAMATION - BY-PRODUCT 10
Description of Activityt
Solder drosses that are generated in soldering integrated
circuits to printed circuit board* (a by-product exhibiting the
characteristic of BP-toxlcity) are sold to recyclers who recover lead
in aecondary smelters. The lead in sold to battery Manufacturers for
use in the production of lead-acid batteries.
What is the status of the colder drosses?
Questions;
1. Is tha material that is recycled a secondary Material?
IX) yes [ ) no •>
If yes, go on to question (2).
If no, the material la not a solid waste.
2. Is the Material hazardous? (A Material is hasardoua If it is
listed under 40 CFR 261.30-.33 or exhibits one of the
character1stlea of a hazardous waste given in 40 CPR 261.20-.24,
and is not specifically excluded frost the definition of haiardous
waste under 40 CPR 261.4(b).)
[XI yes
C 1
If yes, go on to question (3).
If no, the Material is not a solid waste.
3. Is the Material specifically excluded froM the definition of
solid waste under 40 CPR 261.4(a) (see the list In Exhibit 5)7
I ) y«»
IX) no
If yes, the Material la not a solid waste.
If no, go on to question (4).
4. Is the Material Inherently waste-like (see the list in Exhibit 4)?
J J yes JX) no *>
If yes, the Material is a solid waste. See applicable
regulations, below.
If no, go on to question (5).
5, Does the activity serve a beneficial use?
(X) yes ( ) no
If yes, go on to question (6).
If no, the activity is not recycling, and the Material
is a solid waste. See applicable regulations,
below.
6. Is there a feasible Means for recycling the waste?
[X] yes C 1 no
If yes, go on to question (6a).
If no, go on to question (6b).
6a. Is at least 75 percent of the Material recycled within
one calendar year? »
IX) yes
) no
If yes, go on to question (7).
If no, go on to question (6b).
6b. Is the Material a commercial chemical product that
exhibits a hazardous waste characteristic or Is listed
as a hazardous waste in 40 CPU 261.33?
( )
I ) no
If yes, go on to question (7).
If no, the practice is speculative
accumulation, and the Material is a
solid waste. See applicable
regulations, below.
7. Is the Material placed on the ground or used in a product that is
placed on the ground?
( )
IX) no
If yes, go on to question (7a).
If no, go on to question (•).
7a. Is the Material a commercial chemical product that
exhibits a hazardous waste characteristic or is listed
in 40 CPR 261.33 that Is produced for application to
the land?
( ) ¥••
I ) no
If yes, the material is not a solid waste.
If no, the activity results in use
constituting disposal and the Material
is a solid waste. See applicable
regulations, below.
6. Is the Material used as a fuel or used to produce a fuel?
[ ) y«" IX) no
If yes, go on to question (8a).
If no, go on to question (9).
-------
8..
I. the Material a commercial chemical f"**"*
exhibits a hazardous waste characteristic or is
in 40 CFR 261.33 and that is produced to be burned
fuel?
[ )
t ) no
If yes, the Material is not a solid wast*.
If no the activity results in burning for
energy recovery, and the Material is a
solid waste. See applicable
regulations, below.
9.
10.
Is the Material used or reused
r ] as an ingredient in an Industrial Proce" tO,?il£
a new product without intermediate reclamation
(regeneration or recovery of Materials),
II as an effective substitute for commercial products
in a particular function or application, or
i 1 as a substitute for raw Material feedstock in the
primary production process from which It was
generated, without being first reclaimed (a
closed-loop process)?
If any of the above apply, the activity is use or
reuse, and the Material Is not a solid waste.
If none of the above apply, 90 on to question (10).
Is the Material regenerated or are materials with value
recovered froM the original Material?
[X] yes
I ) no
If yes, the activity is reclamation. Go on to question
It no please review the definitions of activities In
this manual and reconsider your answers, or
call the RCRA Hotline for assistance.
lOa. Is the Material
r l a hazardous waste listed under 40 CFR
261.31 or 261.32 (this provision
excludes commercial chemical products,
which are listed under 40 CFR 261.33),
i i a spent material exhibiting one of the
characteristics of a hazardous waste
in 40 CFR 261.20-.24. or
given
[ ] a scrap metal?
If any of the above apply
a solid waste.
regulations, below.
If none of the above apply, go on to question
(lOb).
the Material is
See applicable
lOb. Is the Material
(X) either a sludge or a by-product that
exhibits one of the characteristics of a
hazardous waste given in 40 CFR 261.20-
.24, and that is not listed under 40 CFR
261.31-.32, or
C ) a commercial chemical product that ex-
hibits a hazardous waste characteristic
or is listed under 40 CFR 261.33?
If. any of the above apply, the Material is
not a solid waste.
If none of the above apply, please review
the definitions of activities in this
Manual and reconsider your answers, or
call the RCRA Hotline for assistance.
Applicable Regulations
1. Is the waste exempt from regulation (see the list in Exhibit 6)7
I J yes I ] no
If yes, the Material Is not regulated.
If no, the Material Is regulated. See item (2). below.
Discussion!
Because Material with value — lead — is recovered from the
solder drosses. the process is classified as reclamation.
Characteristic by-products that are reclaimed are not solid wastes and
are not subject to RCRA Subtitle C regulation unless they are
speculatlvely accumulated or the product of reclamation is used In a
manner constituting disposal or burned as a fuel. Since these
exceptions do not apply in this case, the solder drosses are not a
solid waste and thus are not subject to RCRA Subtitle C regulation.
-------
RECLAMATION - BY-PRODUCT 11
Description of Activity;
Acid digested coal ash (a by-product exhibiting th«
characteristic of BP-toxloity) goes through an adaorptlve bubble
technique, adding the sulflte Ion and adju*tlng the solution pH, to
recover metal cation* of copper, cobalt, nickel, Manganese, iron,
lead, line, vanadium, aluminum, and chromium.
What ia the atatua of the acid dlgeated coal ash?
Questtonat
1. la the Material that la racyolad a aacondary Material?
(X) yea ( ) no
If yea, go on to question (2).
If no, the material ia not a aolld waste.
2. la tha Material hazardous? (A material la haaardous if It ia
Hated under 40 CPR 261.30-.31 or exhibits one of the
characteristics of a hazardous waste given In 40 CF8
261.20-.24, and la not specifically excluded from tha
definition of hazardous waste under 40 CPR 261.4(b).)
CX) yea
( 1 no
If yea, go on to question (3).
If no, the Material la not a aolld waate.
I. Ia the Material specifically excluded from the definition of
solid waate under 40 CFR 261.4(a) (aee the list In Exhibit
5)7
[ ) ya-
no
If yes, the material is not a solid waste.
If no, go on to question (4).
4. Is the material Inherently waste-like (aee the list in
Exhibit 4)7
)
fXJ no
If yes, the material la a solid waste. See applicable
regulations, below.
If no, go on to question (5).
5. Does the activity serve a beneficial use?
fit] yes ( J no
If yes, go on to question (6).
If no, the activity is not recycling, and the Material
la a aolld waste. See applicable regulations,
below.
Is there a feasible Means for recycling the waste?
(X] yes [ 1 no
If yes, go on to question <6a).
If no, go on to question (6b).
6a. Is at least 75 percent of the Material recycled within
one calendar year?
(XI yes
f 1 iw»
If yes, go on to question (7).
If no, go on to question (6b).
6b. Is the Material a commercial chemical product that
exhibits a hazardous waste characteristic or is listed
as a hazardous waate in 40 CPR 261.33?
I )
C ) no
If yes, go on to question (7).
If no, the practice is speculative accumula-
tion, and the Material is a solid
waste. See applicable regulationa,
below.
Is the Material placed on the ground or uaed in a product
that la placed on the ground?
I J y««
[X] no
It yea, go on to question (7a).
If no, go on to question (•).
7a. IB the Material a commercial chemical product that
exhibits a hazardous waste characteristic or is listed
in 40 CFR 261.33 that is produced for application to
tha land?
( )
t 1 no
If yes, the Material is not a solid waste.
If no, the activity results in use constitu-
ting disposal and the Material la a
solid waste. See applicable regula-
tions, below.
Is the Material used as a fuel or used to produce a fuel?
( 1 y«s |X1 no
If yea, go on to question (Ba).
If no, go on to question (9).
-------
8a. Is the Material a commercial chemical product that
exhibits a hazardous waste characteristic or Is listed
in 40 CFR 261.33 and that is produced to be burned as
fuel?
( ] yes
[ )
00
A
If yes. the material is not a solid waste.
If no, the activity results in burning for
energy recovery, and the material is
a solid waste. See applicable regu-
lations, below.
9. Is the Material used or reused
f] as an ingredient in an industrial process to make
a new product without intermediate reclamation
(regeneration or recovery of Material*).
( ) as an effective substitutjfctor commercial products
in a particular function or application, or
l 1 as a substitute for raw Material feedstock in the
primary production process from which it was
generated, without being first reclaimed (a
closed-loop process)?
If any of the above apply, the activity is use or
reuse, and the Material is not • solid waste.
If none of the .above apply, go on to question (10) .
10. Is the Material regenerated or are Materials with value
recovered from the original Material?
I*.-
(X) yes [ ) no
If yes, the activity is reclamation. Go on to question
If no, please review the definitions of activities in
this Manual and reconsider your answers, or
call the RCRA Hotline for assistance.
lOa. Is the material
[ ) a hazardous waste listed under 40 CFR
261.31 or 261.32 (this provision
excludes commercial chemical products,
whlch~are listed unfM 40 CFR 261.33).
( ) a spent Material exhibiting one of the
characteristics of a hazardous waste
given in 40 CFR 261. 20-. 24, or
( ] a scrap metal?
If any of the above apply, the Material is a
solid waste. See applicable regula-
tions, below.
If none of the above apply, go on to question
(lOb).
lOb. Is the Material
(X] either a sludge or a by-product that
exhibits one of the characteristics of a
hazardous waste given in 40 CFR 261.20-
.24, and that is not listed under 40 CFR
261.31-.32, or
[ ) a commercial chemical product that exhi-
bits a hazardous waste characteristic or
is listed under 40 CFR 261.33?
If any of the above apply, the Material is
not a solid waste.
If none of the above apply, please review the
definitions of activities in this Manual
and reconsider your answers, or call the
RCRA Hotline for assistance.
Applicable Requlationsi
1. Is the waste exempt froM regulation (see the list in
Exhibit 6)?
[ ) yes I ) no
If ye*, the Material is not regulated.
If no, the Material is regulated. See item (2), below.
Discussion*
Because Material* with value — the Metal cations — are
recovered as end products from the acid digested coal ash, the
activity is classified as reclamation. Characteristic by-products
that are reclaimed are not solid wastes and are not subject to RCRA
Subtitle C regulation, unless they are speculatlvely accumulated, or
the product of reclamation is used in a Manner constituting disposal
or burned as a fuel. Since these exceptions do not apply in this
case, the acid digested coal ash is not a solid waste and thus is not
subject to RCRA Subtitle C regulation.
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CD
A
RECLAMATION - SCRAP METAL 1
Description of Activity;
Non-Magnetic automobile shredder rejects (scrap metals exhibiting
the characteristic of EP-toxlclty) go through • water elutrlator
system to recover nonferrous mixed metals (which also exhibit EP-
toxicity), which are sent to a secondary emelter for reclamation.
What Is the status of the automobile shredder rejects?
Questionsi
1. Is the material that Is recycled a secondary material?
[X] yes ( ) no
If yes, go on to question (2).
If no, the material Is not a solid waste.
2. Is the material hazardous? (A material is hasardous If It is
listed under 40 CFR 261.30-.33 or exhibits one of the
characteristics of a hazardous waste given in 40 CFR
261.20-.24. and is not specifically excluded from the
definition of hazardous waste under 40 CFR 261.4(b).)
IX] yes
I 1 »o
If yes, go on to question (3).
If no, the material Is not a solid waste.
3. Is the material specifically excluded from the definition of
solid waste under 40 CFR 261.4(a) (see the list In Exhibit
5)?
I )
(X) no
If yes, the material Is not a solid waste.
If no, go on to question (4);
4. Is the material inherently waste-like (see the list In
Exhibit 4)?
[ ) yes
JX) no
If yes, the material is a solid waste. See applicable
regulations, below.
If no, go on to question (5).
5. Does the activity serve a beneficial use?
(XJ yes ( ] no
If yes, go on to question (6).
If no, the activity is not recycling, and the material
is a solid waste. See applicable regulations,
below.
Is there a feasible means for recycling the waste?
(X] yes ( ) no
If yes, go on to question (6a).
If no, go on to question (6b).
6a. Is at least 75 percent of the material recycled within
one calendar year?
IX] yes
[ ) no
If yes, go on to question (7).
If.no, go on to question (6b).
6b. Is the material a commercial chemical product that
exhibits a hazardous waste characteristic or is listed
as a hazardous waste in 40 CFR 261.33?
( )
I 1 no
If yes, go on to question (7).-
If no, the practice is speculative accumula-
tion, and the material is a solid
waste. See applicable regulations,
below.
Is the material placed on the ground or used in a product
that is placed on the ground?
I ) yaa IX) no
If yes, go on to question (7a).
If no, go on to question (8).
7a. Is the material a commercial chemical product that
exhibits a hazardoua waste characteristic or is listed
in 40 CFR 261.33 that is produced for application to
the land?
I ) yes
I ) no
If yes, the material Is not a solid waste.
If no, the activity results in use constitu-
ting disposal and the material is a
solid waste. See applicable regula-
tions, below.
Is the material used as a fuel or used to produce -a fuel?
( 1 y«« [X] no
If yes, go on to question (8a).
If no, go on to question (9).
-------
8a. Is the Material a commercial chemical product that
exhibits a hazardous waste characteristic or is listed
in 40 CFR 261.33 and that is produced to be burned as
fuel?
{ )
I I
If yes, the Material is not a solid waste.
If no, the activity results in burning for
energy recovery, and the Material is
a solid waste. See applicable regu-
lations, below.
9. Is the Material used or reused
( ] as
00
o
A
n ingredient in an Industrial process to Make
a new product without intermediate reclamation
(regeneration or recovery of Materials),
[ ) as an effective substitute for coMMerclal products
in a particular function or application, or
[ ] as a substitute for raw Material feedstock in the
primary production process froM which it was
generated, without being first reclaimed (a
closed-loop process)?
If any of the above apply, the activity is use or
reuse, and the Material la not a solid waste.
If none of the above apply, go on to question (10).
10.
Is the Material regenerated or are Materials
recovered from the original Material?
with value
IX) yes
[ ) no
reclamation.
Go on to question
If yes, the activity ii
(lOa).
If no, please review the definitions of activities in
this Manual and reconsider your answers, or
call the RCRA Hotline for assistance.
lOa. Is the Material
( ) a hazardous waste listed under 40 CFR
261.31 or 261.32 (this provision
excludes commercial chemical products,
which are listed under 40 CFR 261.33),
( ] a spent Material exhibiting one of the
characteristics of a hazardous waste
given in 4O CFR 261.20-.24, or
(X) a scrap Metal?
If any of the above apply, the Material is a
solid waste. See applicable regula-
tions, below.
If none of the above apply, go on to question
(lOb).
lOb. Is the Material
( ) either a sludge or a by-product that
exhibits one of the characteristics of a
hazardous waste given in 40 CFR 261.20-
.24, and that is not listed under 40 CFR
261.31-.32, or
( ] a commercial chemical product that exhi-
bits a hazardous waste characteristic or
is listed under 40 CFR 261.33?
If any of the above apply, the Material is
not a solid waste.
If none of the above apply, please review the
definitions of activities in this Manual
and reconsider your answers, or call the
RCRA Hotline for assistance.
Applicable Regulationsi
1. Is the waste except froM regulation (see the list in
Exhibit 6)7
[XJ yes
[ J no
If yes, the Material im not regulated.
If no, the Material is regulated. See IteM (2), below.
Discussion>
Because materials with value — the nonferrous Mixed Metals —
are recovered froM the shredder rejects, the process is classified as
reclamation. Characteristic scrap Metals that are reclaimed are
defined as solid wastes but are currently exempt from RCRA Subtitle C
regulation (see 40 CFR 261.6(a)(3)(lv)).
See Also:
ReclaMation - Scrap Metal 3
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GO
H>
A
RECLAMATION - SCRAP METAL 2
Description of Activity!
Scrap metal that exhibits the characteristic of BP-toxicity is
smelted to recover lead. -Th* land ia sold and us*d to manufacture
batteries.
What is the status of tha acrap metal?
Questions»
1. la tha material that ia recycled • aacondary material?
fX] y«a ( } no
If yea, go on to question (2).
If no, tha material ia not a aolld wast*.
2. Ia tha material haxardoua? (A material la hasardoua If It Is
listed under 40 CFR 261.30-. 33 or exhibits on* of the
characteristics of • hazardous wast* given in 40 CFR 261.20-.24,
and Is not specifically excluded from tha definition of hazardous
waste under 40 CFR 261.4(b).)
(X) yea
( 1 no
If yes, 90 on to question (3).
If no, the material la not a solid wast*.
Is the material specifically excluded from the definition of
solid wast* under 40 CFR 261.4(a) (aae the list in Exhibit 5)7
yes
[XJ no
If yea, the material is not a solid wast*.
If no, go on to question (4).
Is the material Inherently waste-Ilka (see the list in Exhibit 4)7
( I y«» (XI no
If yes, the material is a solid wast*. See applicable
regulations, below.
If no, go on to question (5).
Does the activity serve a beneficial use?
(X) yes ( 1 no
If yes, go on to question (6).
If no, the activity is not recycling, and the material
is a solid waste. See applicable regulations,
below.
Is there a feasible meana for recycling tha waste?
W yes C 1 no
If yes, go on to question (6a).
If no, go on to question (6b).
6«. Is at least 75 percent of the material recycled within
on* calendar year?
(X) yes
( )
If yes, go on to question (7).
If no, go on to question (6b).
6b. IB the material a commercial chemical product that
exhibits a hazardous wast* characteristic or is listed
as a hazardous wast* in 40 CFR 261.33?
( )
I )
If yes, go on to question (7).
If no, the practice is speculative
accumulation, and the material is a
solid wast*. See applicable
regulations, below.
IB the material placed on the ground or used in a product that is
placed on the ground?
( ) y*«
(XI no
If yes, go on to question (7a).
If no,'go on to question (•).
7a. Is the material a commercial chemical product that
exhibits a hazardous wast* characteristic or IB listed
in 40 CFR 261.33 that ia produced tor application to
the land?
( I Y«»
I 1 no
If yes, the material is not a solid wast*.
If no, the activity results in us*
constituting disposal and the material
is • solid wast*. See applicable
regulations, below.
Is the material used as a fuel or used to produce a' fuel?
( ) V«» (X) no
If yes, go on to question (8a).
If no, go on to question (9).
-------
8a. IB the material a commercial chemical product that
exhibit* a hazardous wast* characteristic or Is listed
In 40 CFR 261.33 and that Is produced to be burned as
fuel?
lob. Is the Material
I 1
( J
It yes. the material is not a solid waste.
If no, the activity results In burning for
energy recovery, and the material is a
solid waste. See applicable
regulations, below.
9. Is the material used or reused
00
I 1 as an ingredient in an industrial process to make
a new product without intermediate reclamation
(regeneration or recovery of materials),
( 1 as an effective substitute for commercial products
In a particular function or application, or
(1 as' a substitute for raw material feedstock in the
primary production process from which it was
generated, without being first reclaimed (a
closed-loop process)?
If any of the above apply, the activity Is use or
reuse, and the material is not a solid waste.
If none of the above apply, go on to question (10).
10.
Is the material regenerated or are materials
recovered from the original material?
with value
(X) yes
It yes,
If no,
I 1 no
the activity is reclamation. Go on to question
(lOa).
please review the definitions of activities In
this manual and reconsider your answers, or
call the RCRA Hotline for assistance.
( ] either a sludge or a by-product that
exhibits one of the characteristics of a
hazardous waste given in 40 CFR 261.20-
.24, and that Is not listed under 40 CFR
261.31-.32, or
( J • commercial chemical product that ex-
hibits a hazardous waste characteristic
or is listed under 40 CFR 261.33?
If -any of the above apply, the material is
not a solid waste.
If none of the above apply, please review
the definitions of activities In this
manual and reconsider your answers, or
call the RCRA Hotline for assistance.
Applicable Regulations
1. Is the waste exempt from regulation (see the list in Exhibit 6)7
(X] yes ( ] no
If yes, the material Is not regulated.
If no, the material is regulated. See Item (2), below.
Plecussioni
Because materials with value -- lead — are recovered from the
scrap metal, the process is classified as reclamation.
Hazardous scrap metals that are reclaimed are solid wastes. However,
EPA has exempted scrap metals from RCRA Subtitle C regulation.
lOa. Is the material
( ) a hazardous waste listed under 40 CFR
261.31 or 261.32 (this provision
excludes commercial chemical products,
which are listed under 40 CFR 261.33),
( ) a spent material exhibiting one of the
characteristics of a hazardous waste
given in 40 CFR 261.20-.24, or
(X) a scrap metal?
If any of the above apply, the material is
a solid waste. See applicable
regulations, below.
If none of the above apply, go on to question
(lOb).
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GO
co
A
RECLAMATION - SCRAP METAL 3
Description of Activity!
Non-magnetic automobile shredder reject* (scrap metals exhibiting
the characteristic of EP-toxlcity) go through a "•*•' •*!**iator
system to recover nonferrous mixed metals (which also exhibit EP-
toxicity}, which are sent to • secondary smelter for reclamation.
What is the status of the recovered mixed metals?
Questionst
1. Is the material that is recycled a secondary material?
(X) yes I 1 no
If yes, go on to question (2).
If no, the material is not a solid waste.
2.
3.
Is the material hazardous? (A material is hazardous If It is
listed under 40 CFR 261.30-.33 or exhibits one of the
characteristics of a hazardous waste given in 40 CFR
261.20-.24. and is not specifically excluded from the
definition of hazardous waste under 40 CFR 261.4(b).)
[XI yes
C 1 •«>
If yes, go on to question (3).
If no, the material is not a solid waste.
la the material specifically excluded from the definition of
solid waste under 40 CFR 261.4(a) (see the list in Exhibit
5)?
( )
(XI no
If yes, the material is not a solid waste.
If no, go on to question (4).
Is the material inherently waste-like (see the list in
Exhibit 4)7
I i y«»
(X] no
See applicable
If yes, the material is a solid waste.
regulations, below.
If no, go on to question (5).
Does the activity serve a beneficial use?
(X) yes ( 1 no
If yes, go on to question (6).
If no, the activity is not recycling, and the material
is a solid waste. See applicable regulations,
below.
Is there a feasible means for recycling the waste?
(X) yes ( ) no
If yes, go on to question (6a).
If no, go on to question (6b).
6a. Is at least 75 percent of the material recycled within
one calendar year?
(XI yes
I 1 no
6b.
If yes, go on to question (7).
If no, go on to question (6b).
Is the material a commercial chemical product that
exhibits a hazardous waste characteristic or is listed
as a hazardous waste in 40 CFR 261.33?
( I y«»
I I •«>
If yea, go on to question (7).
If no, the practice is speculative accumula-
tion, and the material is a solid
waste. See applicable regulations,
below.
Is the material placed on the ground or used in a product
that is placed on the ground?
( 1 y«« CX) no
If yes, go on to question (7a).
If no, go on to question (•).
7a.
Is the material a commercial chemical product that
exhibits a hazardous waste characteristic or is listed
in 40 CFR 261.33 that is produced for application to
the land?
( )
( 1 no
If yes, the material im not a solid wast*. .
If no, the activity results in use constitu-
ting disposal and the material is a
solid waste. See applicable regula-
tions, below.
Is the material used as a fuel or used to produce a fuel?
( | yes (XI no
If yes, go on to question (Ba).
If no, go on to question (9).
-------
9.
8a. Is the material a commercial chemical product that
exhibits a hazardous waste characteristic or is listed
in 40 CFR 261.33 and that is produced to be burned as
fuel?
( J yes ( ) no
If yes, the material is not • solid waste.
If no, the activity results in burning for
energy recovery, and the material is
a solid waste. See applicable regu-
lations, below.
Is the material used or reused
00
£•
'A
10.
|] as an ingredient in an industrial process to make
a net/ product without Intermediate reclamation
(regeneration or recovery of materials),
[ ) as an effective substitute for commercial products
in a particular function or application, or
[ } as a substitute for raw material feedstock in the
primary production process from which it was
generated, without being first reclaimed (a
closed-loop process)?
If any of the above apply, the activity is use or
reuse, and the material is not a solid waste.
If none of the above apply, go on to question (10).
Is the material regenerated or are materials
recovered from the original material?
with value
ye«
( 1 no
If yes, the activity is reclamation. Go on to question
(lOa).
If no, please review the definitions of activities in
this manual and reconsider your answers, or
call the RCRA Hotline for assistance.
lOa. Is the material
[ ) a hazardous waste listed under 40 CFR
261.31 or 261.32 (this provision
excludes commercial chemical products,
which are listed under 4O CFR 261.33),
( ) a spent material exhibiting one of the
characteristics of a hazardous waste
given in 40 CFR 261.20-.24, or
(X) a scrap metal?
If any of(the above apply, the material is a
solid waste. See applicable regula-
tions, below.
If none of the above apply, go on to question
(lOb).
lob. is the material
' ' «h«M,. * "1U29" °r a bV-P«>«»uct that
exhibits one of the characteristics of •
hazardous waste given in 40 CFR 261.20-
;*,',? that U not llst«<» under 40 CFR
261.ji-.32, or
[ ) a commercial chemical product that exhi-
bits a hazardous waste characteristic or
is listed under 40 CFR 261.33?
the material is
If any of the above apply.
not a solid waste.
If none of the above apply, please review the
definitions of activities in this manual
£l£/!!C??! J Y°Ur an«w«r». or call the
RCRA Hotline for assistance.
Applicable Regulation..
1. Is the waste exempt from regulation (see the list in Exhibit 6)?
1*1 y«» ( ) no
If yes, the material is not regulated.
" no. the material 1. regulated. See item (2), below.
plscussioni
^^^^^r^^AKs^sB
from RCRA SubtiM- p ^.««f.»?*_"ol "••*•• but are currently exempt
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GO
ca
•A-
USE/REUSE - SPENT MATERIAL 1,
Description of Activity!
Spent pink/red water from the production of TNT (a sulflte-
contalnlng spent Material listed under EPA Hazardous Haste No. K047)
is usad by the paper industry as a pulping liquor in a chemical-based
pulping process.
What is the status of the pink/red water?
Questionsi
1. Is the material that is recycled a secondary material?
(X) yes [ ) no
2.
3.
4.
5.
If yes, go on to question (2).
If no, the material is not a solid waste.
Is the Material hazardous? (A Material is hazardous if it is
listed under 40 CFR 261.30-.13 or exhibits one of the
characteristics of a hazardous waste given in 40 CFR 261.20-.24,
and is not specifically excluded from the definition of hazardous
waste under 40 CFR 261.4(b).)
JX) yes
I )
If yes, go on to question (3).
If no, the material is not a solid waste.
Is the material specifically excluded from the definition of
solid waste under 40 CFR 261.4(a) (see the list in Exhibit 5)7
( I yes
(KJ no
If yes, the material is not a solid waste.
If no, go on to question (4).
Is the material Inherently waste-like (see the list in Exhibit 4)7
I ) yes |X) no
If yes, the material is a solid waste. See applicable
regulations, below.
If no, go on to question (5).
Does the activity serve a beneficial use?
(XJ V" I J no
If yes, go on to question (6).
If no, the activity is not recycling, and the material
is a solid waste. See applicable regulations,
below.
Is there a feasible means for recycling the waste?
1*1 yes I j no
If yes, go on to question («a) .
If no, go on to question (6b) .
6a.
6b.
Is at least 75 percent of the material recycled within
one calendar year?
1*1 yes I ) no
If yes, go on to question (7).
If.no, go on to question (6b).
Is the material a commercial- chemical product that
exhibits a hazardous waste characteristic or is listed
as a hazardous waste in 40 CFR 261.33?
I ) y«»
C ) no
If yes, go on to question (7).
If no, the practice is speculative
accumulation, and the material is a
solid waste. See applicable
regulations, below.
Is the material placed on the ground or used in s product that is
placed on the ground?
{ ] yss IX) no
If yes, go on to qusstion (7a).
If no, go on to question (•).
7a.
Is the material a commercial chemical product that
exhibits a hazardous waste characteristic or is listed
in 40 CFR 261.33 that is produced for application to
the land?
t 1 y«»
[ ) no
If yes, the material is not a solid waste.
If no, the activity results in use
constituting disposal and the material
is a solid ' waste. See applicable
regulations, below.
la the material used as a fuel or used to produce's fuel?
( ) y«e (X) no
If yes, go on to question (8a).
If no, go on to question (9).
-------
8a.
Is tha material a commercial chemical product that
exhibits a hazardous waste characteristic or is listed
in 40 CFH 261.33 and that is produced to be burned as
fuel?
lob. Is the material
C 1 y«"
( 1
If yes, the material is not a solid waste.
If no, the activity results in burning for
energy recovery, and the material is a
solid waste. See applicable
regulations, below.
9. Is the material used or reused
II
00
OJ
A
10.
as an ingredient in an industrial process to make
a new product without intermediate reclamation
(regeneration or recovery of materials),
1X1 as an effective substitute for commercial products
in a particular function or application, or
(1 as a substitute for raw material feedstock in the
primary production process from which it was
generated, without being first reclaimed (a
closed-loop process)?
If any of the above apply, the activity is use or
reuse, and the material is not a solid waste.
If none of the above apply, go on to question (10).
Is the material regenerated or are materials with value
recovered from the original material?
I 1 ¥••
( 1 no
If yes, the activity Is reclamation. Go on to question
If no, please review the definitions of activities in
this manual and reconsider your answers, or
call the RCRA Hotline for assistance.
lOa. Is the material
[ ] a hazardous waste listed under 40 CFR
261.31 or 261.32 (this provision
excludes commercial chemical products,
which are listed under 40 CFR 261.33),
( ] a spent material exhibiting one of the
characteristics of a hazardous waste
given in 40 CFR 261.20-.24, or
( ) a scrap metal?
( ) either a sludge or a by-product that
exhibits one of the characteristics of a
hazardous waste given in 40 CFR 261.20-
.24, and that is not listed under 40 CFR
261.31-.32, or
( ) a commercial chemical product that
exhibits a hazardous waste
characteristic or is listed under 40 CFR
261.33?
If any of the above apply, the material is
not a solid waste.
If none of the above apply, please review
the definitions of activities in this
manual and reconsider your answers, or
call tha RCRA Hotline for assistance.
Applicable Regulations
1. Is the waste exempt from regulation (see the list in Exhibit 6)7
[ ) yes I 1 no
If yes, the material is not regulated.
If no, the material is regulated. See item (2), below.
Discussioni
Because the pink/red water is used as a substitute for a
commercial product in a manufacturing process, the activity is
classified as use/reuse. Haterlals that are used/reused in this
manner are . not solid wastes and are not subject to RCRA Subtitle C
regulation, unless they are speculatlvely accumulated, used in manner
constituting disposal, or burned as a fuel.
the material- is
See applicable
If any of the above apply
a solid waste.
regulations, below.
If none of the above apply, go on to question
(lOb).
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00
USE/KEUSE - SPENT MATERIAL 2
Description of Activity!
Spent pickle liquor (a apent Material Hated under EPA Haiardoua
Waste No. K062) ia used directly as a waatewater conditioner.
What is the status of the spent pickle liquor?
Questionst
1. Is the Material that is recycled a secondary Material?
(XI yea { J no
If yea, go on to question (2).
If no, the Material la not a solid waate.
2. Is the Material hazardous? (A Material la hazardous if it is
Hated under 40 CPR 261.30-. 33 or exhibits one of the
character1stlea of a hazardous waata given in 40 CFR 261.20-.24,
and ia not specifically excluded froa the definition of hazardous-
waste under 40 CPR 261.4(b).)
(X) yes ( ] no
If yes, go on to queatlon (3).
If no, the Baterlal la not a solid waste.
3. Is the Baterlal epaclflcally excluded froa the definition of
solid waate under 40 CFR 261.4(a) (aee the Hat in Exhibit 5)7
( )
(X) no
If yea, the Material la not a aolid waate.
If no, go on to question (4).
4. la tha Material inherently waste-like (aee the Hat in Exhibit 4)?
[ ) ye* (X) no
If yea, the Material la a aolid waate. See applicable
regulations, below.
If no, go on to question (5).
5. Does the activity serve a beneficial use?
(XJ yea ( J no
If yes, go on to question (6).
If no, the activity ia not recycling, and the Material
la a solid waste. See applicable regulations,
below.
6. la there a feaalble Meana for recycling the waste?
W yea ( 1 no
If yea, go on to question (6a).
If no, go on to question (6b).
6a. la at leaat 75 percent of the Material recycled within
one calendar year?
(X) yea
( )
It yes, go on to question (7).
If no. go on to question (6b).
6b. Is the Material a coMBerolal chealcal product that
.exhibits a hazardous waate characteristic or is listed
aa a hazardous waate in 40 CPR 261.33?
[ ] yes [ ) no
If yes. go on to question (7).
If no. the practice is speculative
accuBUlation, and the Baterlal Is a
solid waste. See applicable
regulations, below.
7. Is the Material placed on the ground or used in a product that la
placed on the ground?
( )
(X] no
If yea, go on to queatlon (7a).
If no, go on to question (a).
7a. Is the Material a coMMerolal cheaical product that
exhlblta a hazardous waate characteristic or is Hated
in 40 CPR 261.33 that is produced for application to
the land?
J
( ) no
If yes. the Material is not • solid wast*.
If no, the activity results in use
constituting disposal and the Material
is a aolid waste. See applicable
regulations, below.
•. Is the Material used aa a fuel or used to produce a fuel?
( ) yea (X) no
If yes, go on to question (8a).
If no, go on to question (9).
-------
8a. !• the material a commercial chemical product that
exhibit* a hazardous wast* characteristic or is listed
in 40 CFB 261.33 and that is produced to be burned as
fuel?
lOb. Is the material
I 1 Y««
( 1 no
GO
GO
A
It yes, the Material is not a solid waste.
If no, the activity results in burning for
energy recovery, and the material is a
solid waste. See applicable
regulations, below.
9. Is the material used or reused
I 1 as an ingredient in an industrial process to make .
a new product without intermediate reclamation
(regeneration or recovery of Materials),
(X) as an effective substitute for commercial products
in a particular function or application, or
[ l as a substitute for raw Material feedstock in the
primary production process from which it was
generated, without being first reclaimed (a
closed-loop process)?
If any of the above apply, the activity is use or
reuse, and the Material is not • solid waste.
If none of the above apply, go on to question (10).
Is the Material regenerated or are materials with value
recovered from the original material?
10.
C 1 Y««
[ 1 no
If yes, the activity is reclamation. Go on to question
(lOa).
If no, please review the definitions of activities in
this Manual and reconsider your answers, or
call the RCRA Hotline for assistance.
lOa. Is the Material
[ ] a hazardous waste listed under 40 CFR
261.31 or 261.32 (this provision
excludes commercial chemical products,
which are Hated under 40 CFR 261.33),
( ] a spent Material exhibiting one of the
characteristics of a hazardous waste
given in 40 CFR 261.20-.24, or
( ) either a sludge or a by-product that
exhibits one of the characteristics of a
hazardous waste given in 40 CFR 261.20-
.24, and that is not listed under 40 CFR
261.31-.32, or
[ ) a commercial chemical product that
exhibits a hazardous waste
characteristic or is listed under 40 CFR
261.33?
If any of the above apply, the Material is
not a solid waste.
If none of the above apply, please review
the definitions of activities in this
Manual and reconsider your answers, or
call the RCRA Hotline for assistance.
Applicable Regulations
1. Is the waste exempt from regulation (see the list in Exhibit 6)7
( ] yes ( 1 no
If yes, the Material is not regulated.
If no, the Material is regulated. See item (2), below.
Discussion;
Because dumping secondary Materials into water to serve as fill
or structural support is similar to land disposal, this activity
normally is use constituting disposal| thus. Materials added to water
ordinarily are considered solid wastes. The use of secondary
Materials as wastewater conditioners, however, is not use constituting
disposal. Using secondary Materials as wastewater conditioners is not
similar to land disposal because the secondary Material Is chemically
combined as part of the conditioning process and is subsumed as an
ingredient in the conditioned water. In this case, the pickle liquor
is directly reused without any reclamation as a substitute for a
commercial product. Materials that are used/reused are not considered
solid wastes and thus are not subject to RCRA Subtitle C regulation,
unless they are speculatively' accumulated, used In a manner
constituting disposal, or burned as a fuel.
( ) a scrap metal?
If
the material is
See applicable
any of the above apply,
a solid waste.
regulations, below.
If none of the above apply, go on to question
(lOb).
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USE/REUSE - SPENT MATERIAL 3
Description of Activity}
A spent electrolyte fro* the primary copper production process (a
spent material that exhibits the characteristic of EP-toxiclty) is
returned without being reclaimed to the copper production process •• a
feedstock.
What is the status of the spent electrolyte?
Questions!
1. Is the material that is recycled a secondary material?
(XJ yes ( ] no
If yes, go on to question (2).
If no, the material is not • solid waste.
2. Is the material haiardous? (A material is hasardous if It is
listed under 40 CPR 261.30-.33 or exhibits one of the
characteristics of a hasardous waste given in 40 CFR 261.20-.24,
and is not specifically excluded from the definition of haiardous
waste under 40 CPR 261.4(b).)
(XI yes
C
If yes, go on to question (3). •
If no, the material la not a solid waste.
3. Is the material specifically excluded from the definition of
solid waste under 40 CPR 261.4(a) (see the list in Exhibit 5)?
( ] yes (X) no
If yes, the material is not a solid waste.
If no, go on to question (4).
4. Is the material Inherently waste-like (see the list in Exhibit 4)?
[ ) y«« [X] no
If yes, the material Is a solid waste. See applicable
regulations, below.
If no, go on to question (5).
5. Does the activity serve a beneficial u«e?
(XJ yes { J no
If yes, go on to question (6).
If no, the activity is not recycling, and the material
is a solid waste. See applicable regulations,
below.
6. Is there a feasible means for recycling the waste?
(X) yes I 1 no
If yes, go on to question (6a).
If no, go on to question (6b).
6a. Is at least 79 percent of the material recycled within
on* calendar year?
IX) yes
( 1 no
If yes, go on to question (7).
If no, go on to question (6b).
6b. Is the material a commercial chemical product that
exhibits a hazardous waste characteristic or is listed
as a hazardous waste in 40 CFR 261.33?
)
I ] no
If yes, go on to question (7).
If no, the practice Is speculative
accumulation, and the material is •
solid waste. See applicable
regulations, below.
7. Is the material placed on the ground or used in a product that is
placed on the ground?
I 1 y«» (XJ no
If yes, go on to question (7a).
If no, go on to question (a).
7a. Is the material a commercial chemical product that
exhibits a hazardous waste characteristic or is listed
. in 40 CPR 261.33 that Is produced for application to
the land?
( I y«« ( 1 no
If yes, the material is not a solid waste.
If no, the activity results in use
constituting disposal and the material
is s solid waste. See applicable
regulations, below.
8. Is the material used as a fuel or used to produce e fuel?
I 1 yes (X) no
If yes, go on to question (8a).
If no, go on to question (9).
-------
8a.
is the material a co»»«rcial chemical product that
•xhiblt. a hazardous waste characteristic or *•"«•*
in 40 CFH 261.33 and that !• produced to be burned as
fuel?
lOb. Is the Material
I 1 Y««
I J no
If yes. the Material im not • solid waste.
If no. the activity results in burning for
energy recovery, and the material is a
solid waste. See applicable
regulations, below.
9. Is the Material used or reused
h-
co
O
A
II as an Ingredient in an Industrial process to Make
a new product without intersediate reclaMatlon
(regeneration or recovery °* Materials),
II as an effective substitute for coMMercial products
in a particular function or application, or
(XI as a substitute for raw Material feedstock in the
primary production process froM which it was
generated, without being first reclaimed (a
closed-loop process)?
If any of the above apply, the activity is use or
reuse, and the Material is not a solid waste.
If none of the above apply, go on to question (10).
10.
Is the Material regenerated or are
recovered from the original Material?
Materials with value
I ) y«»
I 1 no
If yes. the activity is reclaMatlon. Go on to question
If no please review the definitions of activities in
this Manual and reconsider your answers, or
call the RCRA Hotline for assistance.
lOa. Is the Material
(la hazardous waste listed under 40 CFR
261.31 or 261.32 (this provision
excludes commercial chemical products,
which are listed under 40 CFR 261.33),
[ ] a spent Material exhibiting one of the
characteristics of a hazardous waste
given in 40 CFR 261.20-.24, or
( ) either a sludge or a by-product that
exhibits one of the characteristics of a
hazardous waste given in 40 CFR 261.20-
.24, and that is not listed under 40 CFR
261.31-.32, or
( J a commercial chemical product that
exhibits a hazardous waste
characteristic or is listed under 40 CFR
261.33?
If any of the above apply, the Material is
not a solid waste.
If none of-the above apply, please review
the definitions of activities in this
Manual and reconsider your answers, or
call the RCRA Hotline for assistance.
Applicable Regulations
1. Is the waste exempt froM regulation (see the list in Exhibit 6)7
( ) yes I 1 no
If yes, the Material is not regulated.
If no, the Material is regulated. See item (2), below.
Discussion*
Because the spent electrolyte is directly relntroduced without
intermediate reclamation as a substitute for raw Material feedatock in
the primary production process from which it was generated, the
activity is classified as use/reuse in a closed loop process.
Materials that are used/reused are not solid wastes and are not sub-
ject to Subtitle C regulations, unless they are speculatively
accumulated, used in a manner constituting disposal, or burned as a
fuel.
( ] a scrap metal?
If
the Material is
See applicable
any of the above apply
a solid waste.
regulations, below.
If none of the above apply, go on to question
(lOb).
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f^
L^
A '
USE/REUSE - SPENT MATERIAL 4
Description of Activity;
A spent Frledel Kraft, catalyst .olutlon from a <=h«ical
Manufacturing plant (a spent material exhibiting the characteristlc of
corroslvity) is used a. an ingredient In aluMlmiM production
process*..
What Is the status of the spent catalyst?
Questtonal
1. Is the arterial that Is recycled a secondary Material?
(X) yes I 1 no
If yes, go on to question (2).
If no, the Material is not a solid waste.
2.
5.
Is the Material hazardous? (A Material is hazardous if it is
listed under 40 CFR 261.30-.33 or exhibits one of the
characteristics of a hazardous waste given in 40 CFR
261.20-.24, and is not specifically excluded troM the
definition of hasardous waste under 40 CFR 261.4(b).)
[X] yes
I 1 no
If yes, go on to question (3).
If no, the Material is not a solid waste.
Is the Material specifically excluded froM the definition of
solid waste under 40 CFR 261.4(a) (see the list in exhibit
5)?
I 1 y«"
[XI no
If yes, the Material is not a solid waste.
If no, go on to question (4).
Is the Material Inherently waste-like (see the list in
Exhibit 4)?
[ ) yes (X) no
If yes. the Material is a solid waste. See applicable
regulations, below.
If no, go on to question (5).
Does the activity serve a beneficial use?
[XI yes [ ] no
If yes, go on to question (6). ,
If no, the activity is not recycling, and the Material
is a solid waste. See applicable regulations.
below.
Is there a feasible Means for recycling the waste?
(X) yes ( ] no
If yes, go on to question (6a) .
If no, go on to question (6b) .
6a.
Is at least 75 percent of the Material recycled within
one calendar year?
|XJ yes
[ )
6b.
If yes, go on to question (7).
If no, go on to question (6b).
Is the Material a coMercial chaMical product that
exhibits a hazardous waste characteristic or is listed
as a hazardous waste in 40 CFR 261.33?
( ) y*s I ] no
If yes, go on to question (7).
If no, the practice is speculative accumula-
tion, and the Material is a solid
waste. See applicable regulations,
below.
Is the Material placed on the ground or used in a
that is placed on the ground?
product
t I yes
[X] no
7a.
If yes, go on to question (7s).
If no, go on to question (8).
Is the Material • ooMMerolal cheMical product that
exhibits a hazardous waste characteristic or is listed
in 40 CFR 261.33 that is produced for application to
the land?
( 1 yss
( ) no
If yes, the Material is not • solid waste.
If no, the activity results in use
constituting disposal and the Material
is a solid waste. See applicable)
regulations, below.
Is the Materiel used as a fuel or used to produce • fuel?
I ) yes [X] no
If yes, go on to question (8a).
If no, go on to question (9).
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8a.
Is the material a comarclal chemical product that
exhibits a hazardous waste characteristic or is listed
in 40 CFR 261.33 and that is produced to be burned as
fuel?
{ I y««
( 1 no
If yes, the Material is not a solid waste.
If no, the. activity results in burning for
energy recovery, and the Material is a
solid waste. See applicable
regulations, below.
9. Is the Material used or reused
[X] as an ingredient In an industrial process to Make
a new product without intermediate reclamation
(regeneration or recovery of Materials),
I ] as an effective substitute for commercial products
t± In a particular function or application, or
CO ( ) •• • substitute for raw material feedstock in the
A} primary production process from which it was
*y generated, without being first reclaimed (a,
f\ closed-loop process)?
If any of the above apply, the activity is use or
reuse, and the Material is not a solid waste.
' If none of the above apply, go on to question (10).
10.
!• the Material regenerated or are Materials
recovered from the original material?
with value
I 1 no
If yes,
If no.
the activity is reclamation. Go on to question
(lOa).
please review the definitions of activities in
thia Manual and reconsider your answers, or
call the RCRA Hotline for assistance.
lOa. Is the Material
| ) a hazardous waste listed under 4O CFR
261.31 or 261.32 (this provision
excludes commercial chemical products,
which are listed under 40 CFR 261.33),
[ ] a spent material exhibiting one of the
characteristics of a hazardous waste
given in 40 CFR 261.20-.24, or
I ) a scrap Metal?
If any of the above apply, the Material is
a solid waste. See applicable
regulations, below.
If none of the above apply, go on to question
(lOb).
lOb. Is the material
[ ) either a sludge or a by-product that
exhibits one of the characteristics of a
hazardous waste given in 40 CFR 261.20-
.24, and that is not listed under 40 CFR
261.31-.32, or
• ( ) a commercial chemical product that
exhibits a hazardous waste
characteristic or is listed under 40 CFR
261.33?
If any of the above apply, the Material is
not a solid waste.
If none of the above apply, please review
the definitions of activities in this
Manual and reconsider your answers, or
call the RCRA Hotline for assistance.
Applicable Regulations
1. Is the waste exempt from regulation (see the list in
Exhibit 6)7
I ) y«» { J no
If yes, the Material is not regulated.
If no, the Material is regulated. See item (2), below.
Discussion;
The catalyst is directly used without intermediate reclamation an
an ingredient in Making aluminum. Materials that are used/reused are
not solid wastes, and are not subject to RCRA Subtitle C regulation
unless they are speculatively accumulated, used in a manner
constituting disposal, or burned as a fuel.
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USE/REUSE - SPENT MATERIAL 5
Description of Activity;
A spent olefln polymerization catalyst consisting of phosphoric
acid impregnated Kie.elguhr clay from petroleum fractionalizatlon in
the chemical* industry (a spent material •xhlblting the characteristic
of corrosivity) is supplied to a wet process phosphoric acid producer
for use as a feedstock In the production of food-grade phosphoric
acid.
What is the status of the spent catalyst?
Questions;
1. Is the Material that is recycled a secondary material?
[X) yes (I no
If yes, go on to question (2).
If no, the Material is not a solid wast*.
2. Is the material hazardous? (A material is hazardous if it is
listed under 40 CFR 261.30-.33 or exhibits on* of the
characteristics of * hazardous vast* given in 40 CFR
261.20-. 24, and is not specifically excluded from) the
definition of hazardous wast* under 40 CFR 261.4(b|.)
(X) ye.
( 1 no
If yes, go on to question (3).
If no, the Material is not a solid wast*.
3. Is the material specifically excluded from the definition of
solid wast* under 40 CFR 261.4(a) (see the list in Exhibit
5)?
I )
|XJ no
If yes, the material is not a solid wast*.
If no, go on to question (4).
4. Is the material Inherently waste-like (see the list in
Exhibit 4)7
[ 1 yes
(XJ no
If yes, the material la a solid wast*. See applicable
regulations, below.
If no, go on to question (5).
5. Does the activity serve a beneficial use?
IX] yes ( 1 no
If yes, go on to question (6).
If no, the activity is not recycling, and the material
is a solid waste. See applicable regulations,
below.
6. Is there a feasible swans for recycling the wast*?
IX] yes ( | no
If yes, 90 on to question (6a).
If no, go on to question (6b).
6a. is at least 79 percent of the Material recycled within
one calendar year?
(XI ye.
I 1 no
If yes, go on to question (7).
If no, go on to question (6b).
6b. is the Material • commercial chemical product that
exhibits a hazardous waste characteristic or is listed
as a hazardous waste In 40 CFR 261.3)7
( 1 yes
C 1 no
If yes, go on to question (7).
If no, the practice is speculative accumula-
tion, and the Material is a solid
wast*. See applicable regulations,
below.
7. Is the Material placed on the ground or used in a product
that Is placed on the ground?
( 1 yes
IX] no
If yes, go on to question (7a).
If no, go on to question (•).
7a. Is the Material a commercial chemical product that
exhibits a hazardous wast* characteristic or is listed
in 40 CFR 261.3) that is produced for application to
the land?
I 1
I 1 no
If yes, the material is not • solid wast*.
If no, the activity results in us*
constituting disposal and the material
is a solid wast*. See applicable
regulations, below.
8. Is the material used as a fuel or used to produce's fuel?
I ) y«s (X] no
If yes, go on to question (8a).
If no, go on to question (9).
-------
8a. Is the Material a commercial chemical product that
exhibit* a hazardous waste characteristic or la Hated
In 40 CFR 261.33 and that la produced to be burned as
fuel?
I )
t 1 no
CD
It yea, the Material la not • solid waste.
If no, the activity reaulta In burning for
energy recovery, and the Material la a'
solid waste. See applicable
regulations, below.
9. la the Material used or reused
(X) aa an Ingredient In an Industrial process to Make
a new product without Intermediate reclamation
(regeneration or recovery of Materials),
| ] aa an effective aubatltute for coMMerclal producta
In a particular function or application, or
I ] aa • aubatltute tor raw Material feedstock In the
primary production process from which It was
generated, without being first reclaimed (a
closed-loop process)?
If any of the above apply, the activity la use or
reuse, and the material Is not a solid waste.
If none of the above apply, go on to question (10).
10.
la the Material regenerated or are materials
recovered from the original material?
with value
( ] yea
( J no
If yea, the activity la reclamation. Go on to question
(lOa).
If no, pleaae review the definitions of activities In
this manual and reconsider your answers, or
call the RCRA Hotline for assistance.
lOa. Is the material
( ) a hazardous waste Hated under 40 CFR
261.31 or 261.32 (this provision
excludes commercial chemical products,
which are listed under 40 CFR 261.33),
( ] a spent Material exhibiting one of the
characteristics of a hazardous waste
given In 40 CFR 261.20-.24, or
( ) a scrap Metal?
If any of the above apply, the material is
a solid waste. See applicable
regulations, below.
If none of the above apply, go on to question
(lOb).
lOb. Is the material
' J
K * •Iud9" °r • by-product that
exhlblta one of the characteristics of •
hasardoua waste given In 40 CFR 261.20-
.24, and that la not Hated under 40 CFR
861. 31-. 32, or
" coMMeroial chemical product that
exhlblta a hazardoua waate
characteristic or 1* Hated under 40 CFR
261. 33?
Applicable Regulation.
1. la the waate
Exhibit 6)?
( ) y«s
If any of the above apply, the Material la
not • solid waate.
If none of the above apply, pleaae review
the definitions of activities in this
Manual and reconsider your answers, or
call the RCRA Hotline for assistance.
froM regulation (aee the Hat In
t ) no
If yea, the material la not regulated.
If no, the Material la regulated. See Item
(a) , below.
Discussion:
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USE/REUSE - SPENT HATERIAL 6
Description of Activityl
A spent hydrofluoric acid etching solution from metallurgical
Industrie? (. -pent material exhibiting th. characteristic of
corrosivity) is reacted with potassium hydroxide to produce an Impure
potassium fluoride .olution. which goes through ""ration and
evaporation to purify the pota««lu» fluoride, which Is sold for use as
a preservative.
what Is the status of the etching solution?
Quest tonsi
1. is the material that Is recycled a secondary material?
(X) yes [ 1 no
If yes. go on to question (2).
If no. the material Is not a solid waste.
2. Is the material hasardous? (A material Is hazardous If it Is
listed under 40 CFR 261.30-.33 or exhibits one of the
characteristics of a hasardous waste given In 40 CFR
261.20-.24, and Is not specifically excluded from the
definition of hazardous waste under 40 CPR 261.4(b).)
h-
CO
5.
[XI ye«
( 1 no
If yes, go on to question (3).
If no. the material Is not a solid waste.
Is the material specifically excluded from the definition of
solid waste under 40 CFR 261.4(a) (see the list in Exhibit
5)?
I 1
|XJ no
If yes, the material Is not a solid waste.
If no, go on to question (4).
Is the material inherently waste-like (see the list in
Exhibit 4)7
I J yes
IX) no
See applicable
If yes, the material Is a solid waste.
regulations, below.
If no, go on to question (5).
Does the activity serve a beneficial use?
IX] yes I ) no
If yes, go on to question (6).
If no, the activity is not recycling, and the material
la a solid waste. See applicable regulations,
below.
Is there a feasible means for recycling the waste?
1X1 yes I 1 no
If yes, go on to question (6a>.
If no, go on to question (6b).
6a.
Is at least 79 percent of the material recycled within
one calendar year?
[XI yes
( ) no
If yes. go on to question (7).
If no, go on to question (6b).
6b. IB the material a commercial chemical product that
exhibits a hazardous waste characteristic or is listed
as a hazardous waste in 40 CFR 261.33?
( )
[ J no
If yes, go on to question (7).
If no, the practice is speculative accumula-
tion, and the material is a solid
waste. See applicable regulations,
below.
Is the material placed on the ground or used in a product
that Is placed on the ground?
( ) yes (X) no
7a.
If yes. go on to question (7a).
If no. go on to question (•).
Is the material • commercial chemical product that
exhibits a hazardous waste characteristic or is listed
in 40 CFR 261.33 that is produced for application to
the land?
I 1 V««
( ) no
If yes, the material is not a solid waste.
If no. the activity results In use
constituting disposal and the material
IB a solid waste. See applicable
regulations, below.
Is the material used as a fuel or used to produce a -fuel?
[ ] yes (X) no
If yes, go on to question (Ba).
If no, go on to question (9).
-------
Ba.
Is the Material a commercial chemical product that
exhibits a hazardous waste characteristic or Is listed
In 40 CFR 261.33 and that Is produced to be burned as
fuel?
r
I J
h-
C£
<73
A
If yes, the material is not a solid waste.
If no, the activity results in burning for
energy recovery, «nd the material is a
solid waste. ' See applicable
regulations, below.
9. Is the material used or reused
[X] as an ingredient in an industrial process to make
a new product without intermediate reclamation
(regeneration or recovery of materials),
f ) as an effective substitute for commercial products
In a particular function or application, or
( ) as a substitute for raw material feedstock in the
primary production process from which it was
generated, without being first reclaimed (a
closed-loop process)?
If any of the above apply, the activity is use or
reuse, and the material Is not a solid waste.
If none of the above apply, go on to question (10).
10. Is the material regenerated or are materials with value
recovered from the original material?
C
[ )
If yes, the activity is reclamation. Go on to question
(lOa).
If no, please review the definitions of activities in
this manual and reconsider your answers, or
call the RCRA Hotline for assistance.
100. Is the material
[ } a hazardous waste listed under 40 CFR
261.31 or 261.32 (this provision
excludes commercial chemical products,
which are listed under 40 CFR 261.33),
{ ) a spent material exhibiting one of the
characteristics of a hazardous waste
given in 40 CFR 261.20-.24, or
[ ] a scrap metal?
If any of the above apply, the material Is
a solid waste. See applicable
regulations, below.
If none of the above apply, go on to question
(lOb).
lOb. Is the material
| ) either a sludge or a by-product that
exhibits one of the characteristics of a
hazardous waste given in 40 CFR 261.20-
.24, and that is not listed under 40 CFR
261. 31-. 32, or
[ ) a commercial chemical product that
exhibits • hazardous waste
characteristic or Is listed under 40 CFR
261.33?
If any of the above apply, the material is
not a solid waste.
If none of the above apply, please review
the definitions of activities in this
Manual and reconsider your answers, or
call the RCRA Hotline for assistance.
Applicable Regulations
1. Is the waste exempt
Exhibit 6)7
( ) y«
from regulation (see the list in
[ J no
If yes, the material is not regulated.
If no, the material is regulated. See item (2), below.
Discussion;
The etching solution is directly reused without Intermediate
reclamation as an ingredient in making potassium fluoride. The
activity Is not classified as reclamation because potassium fluoride
does not exist in the original substance and thus is not recovered
from the substance. Materials that are used/reused are not solid
wastes, and are not subject to RCRA Subtitle C regulation, unless they
are speculatively accumulated, used in a manner constituting disposal,
or burned as a fuel.
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USE/REUSE - SPENT MATERIAL 7
Description of Activltyi
Spent sulfuric acid (a spent material exhibiting the
characteristic of corroslvlty) is used as a raw material in the
manufacture of iron oxide products.
What Is the status of the spent sulfurlc acid?
Questionsi
1. Is the material that Is recycled a secondary material?
1X1 yes I ] no
If yes, go on to question (2).
If no, the material is not a solid waste.
2. Is the material hazardous? (A material is hazardous if it is
listed under 40 CFR 261.30-.33 or exhibits one of the
characteristics of a hazardous waste given in 40 CFR
261.20-.24, and is not specifically excluded from the
definition of hazardous waste under 40 CFR 261.4(b).)
If yes, go on to question (3).
If no, the material la not a solid waste.
3. Is the material specifically excluded from the definition of
solid waste under 40 CFR 261.4(a) (see the list in Exhibit
5)?
( 1 Y«
(X) no
If yes, the material is not a solid waste.
If no, go on to question (4)'.
Is the material inherently waste-like (see the list in
Exhibit 4)7
i
( ] yes (X) no
If yes, the material is a solid waste. See applicable
regulations, below.
If no, go on to question (5).
Does the activity serve a beneficial use?
(X) yes ( ) no
If yes, go on to question (6).
If no, the activity is not recycling, and the material
is a solid waste. See applicable regulations,
below.
Is there a feasible means for recycling the waste?
[X] yes I ) no
If yes, go on.to question (6a).
If no, go on to question (6b).
6a. Is at least 75 percent of the material recycled within
one calendar year?
(X) yes
I 1 no
6b.
If yea, go on to question (7).
If.no, go on to question (6b).
Is the material a commercial chemical product that
exhibits a hazardous waste characteristic or is listed
as e hazardous waste in 40 CFR 261.13?
C J Y««
I 1 no
If yes, go on to question (7).
If no, the practice is speculative accumula-
tion, and the material is a solid
waste. See applicable regulations,
below.
IB the material placed on the ground or used in a
that is placed on the ground?
product
( ) y« (X] no
If yes, go on to question (7e).
If no, go on to question (8).
7a. is the material a commercial chemical product that
exhibits • hazardous waste characteristic or is listed
in 40 CFR 261.33 that is produced for application to
the land?
[ ) yes ( ) no
If yes, the materla'l is not • solid waste.
If no, the activity results in use
constituting . disposal and the material
is a solid waste. see applicable
regulations, below. .
IB the material used as a fuel or used to produce "a fuel?
I 1 y«» IX) no
If yes, go on to question (8a).
If no, go on to question (9).
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8a.
I* the Material a commercial chemical product that
exhibits a hazardous waste characteristic or is listed
in 40 CFR 261.33 and that is produced to be burned as
fuel?
C 1 y«»
( J no
00
A
If yes, the Mterlal is not a solid waste.
If no, the activity results in burning for
energy recovery, and the Material is a
solid waste. See applicable
regulations, below.
9. Is the aaterlal used or reused
IX] as an ingredient In an Industrial process to Bake
a new product without intermediate reclamation
(regeneration or recovery of Materials),
{ ) as an effective substitute for commercial products
in a particular function or application, or
{ ) as • substitute for raw Material feedstock in the
primary production process from which it was
generated, without being first reclaimed (a
closed-loop process)?
If any of the above apply, the activity is uae or
reuse, and the Material is not a solid waste.
If none of the above apply, go on to question (10).
lo. Is the Material regenerated or are Materials
recovered from the original Material?
with value
[ ] yes ( ) no (
If yes, the activity is reclamation. Go on to question
(lOa).
If no, please review the definitions of activities in
this Manual and reconsider your answers, or
call the RCRA Hotline for assistance.
lOa. Is the Material
( ] a hazardous waste listed under 40 CFR
261.31 or 261.32 (this provision
excludes commercial chemical products,
which are listed under 40 CFR 261.33),
[ ) a spent Material exhibiting one of the
characteristics of a hazardous waste
given in 40 CFR 261.20-.24, or
( ) a scrap Metal?
If any of the above apply, the Material is
a solid waste. See applicable
regulations, below.
If none of the above apply, go on to question
(lOb).
lOb. Is the Material
( ) either a sludge or a by-product that
exhibits one of the characteristics of a
hazardous waste given in 40 CFR 261.20-
.24, and that is not listed under 40 CFR
261.31-.32, or
( ] a commercial chemical product that
exhibit* a hazardous waste
characteristic or Is listed under 40 CFR
261.33?
If any of the above apply, the Material is
not a solid waste. .
If none of the above apply, please review
the definitions of activities in this
Manual and reconsider your answers, or
call the RCRA Hotline for assistance.
Applicable Regulations
1. Is the waste exempt from regulation (see the list in Exhibit 6)?
( ) yes ( 1 no
If yes, the Material is not regulated.
If no, the Material Is regulated. See item (2), below.
DiscussIoni
•
The spent sulfurlc aold is directly used as an Ingredient in a
Manufacturing process. Hence, the activity qualifies as use/reuse.
Materials that are used/reused are not solid wastes and are not
subject to RCRA Subtitle C regulation, unless they are apeculatively
accuMUlated, used in a Manner constituting disposal, or burned as a
fuel.
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A
USE/REUSE - SPENT MATERIAL 8
Description of Actlvityi
Haste hydrochloric acid fro* the production of chlorinated
organic solvents such as mathylene chloride (• spent material
exhibiting the characteristic of corroaivity), is used as • pickle
liquor in ateel pickling.
What in the status of the waste hydrochloric acid?
Questionst
1. Is the material that is recycled • secondary material?
[XI y«» ( 1 no
If yes, go on to question (2).
If no, the material Is'not a solid waste.
2.
5.
Is the material haiardous? (A materiel is hazardous if It is
listed under 40 CFR 261.10-.31 or exhibits one of the
characteristics of a hazardous waste given in 40 CPR
261.20-.24, and is not specifically excluded from the
definition of hazardous waste under 40 CFR 261.4(b).)
(X) yes
( 1 no
If yes, go on to question (3).
If no, the material is not a solid waste.
Is the material specifically excluded from the definition of
solid waste under 40 CFR 261.4(a) (see the list in Exhibit
5J?
I I
W no
If yes, the material is not a solid waste.
If no, go on to question (4).
Is the materiel inherently waste-like (see the list in
Exhibit 4)7
I 1 y««
(X) no
See applicable
If yes, the material Is a solid waste.
regulations, below.
If no, go on to question (5).
Does the activity serve a beneficial use?
(X] yes ( J no
If yes, go on to question (6).
If no, the activity is not recycling, and the material
is a solid waste. See applicable regulations,
below.
Is there a feasible means for recycling the waste?
(X) yes ( ) no
If yes, go on to question (6a).
If no, go on to question (6b).
6a. is at least 75 percent of the material recycled within
one calendar year?
(XI yes
( 1 no
6b.
If yes, go on to question (7).
If no, go on to question (6b).
Is the material a commercial chemical product that
exhibits a hazardous waste characteristic or is listed
as a hazardous waste in 40 CFR 261.33?
C 1 y»»
C )
•If yes, go on to question (7).
If no, the practice is speculative accumula-
tion, and the material is a solid
waste. See applicable regulations,
below.
•
Is the material placed on the ground or used In a product
that is placed on the ground?
( ) yes
(X) no
7a.
If yes, go on to question (7a).
If no, go on to question (•).
Is the material a commercial chemical product that
exhibits a hazardous waste characteristic or is listed
• in 40 CFR 261.33 that is producsd for application to
the land?
( ) yes [ ] no
If yes, the material is not a solid waste.
If no, the activity results in use constitu-
ting disposal and the material is a
solid waste. See applicable regula-
tions, below.
Is the material used as a fuel or used to produce a fuel?
[ 1 y«" (XI no
If yes, go on to question (Ba).
If no, go on to question (9).
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8a.
IB the aatarlal a commercial chemical product that
exhibits a hazardous waste characteristic or Is listed
in 40 CFH 261.33 and that is produced to be burned as
fuel?
( 1 yes
[ 1 no
o
o
A
If yea, the Material Is not • solid waste.
If no, the activity results in burning for
energy recovery, and the Material is
a solid waste. See applicable regu-
lations, below.
9. Is the Material used or reused
[1 as an ingredient in an Industrial process to Make
a new product without intermediate reclamation
(regeneration or recovery of Materials),
[X] as an effective substitute for commercial products
in a particular function or application, or
[ 1 as e substitute for raw Material feedstock in the
primary production process from which it was
generated, without being first reclaimed (a
closed-loop process)?
If any of the above apply, the activity is use or
reuse, and the Material is not a solid waste.
If none of the above apply, go on to question (10).
10. Is the Material regenerated or are Materials
recovered from the original Material?
with value
I I y«»
( J no
If yes, the activity is reclamation. Go on to question
(lOa).
If no, please review the definitions of activities in
this Manual and reconsider your answers, or
call the RCRA Hotline for assistance.
lOa. Is the Material
{ ) a hazardous waste listed under 40 CFR
261.31 or 261.32 (this provision
excludes commercial chemical products,
which are listed under 40 CFR 261.33),
( ) a spent Material exhibiting one of the
characteristics of a hazardous waste
given in 40 CFR 261.20-.24, or
( ) a scrap Metal?
If any of the above apply, the Material is a
solid- waste. See applicable regula-
tions, below.
If none of the above apply, go on to question
(lOb).
lOb. Is the Material
( ] either a sludge or a by-product that
exhibit* one of the characteristics of a
hazardous waste given in 40 CFR 261.20-
.24, and that is not listed under 40 CFR
261.31-.32, or
I ) a commercial chemical product that exhi-
bits a hazardous waste characteristic or
is listed under 40 CFR 261.33?
If.any of the above apply, the Material Is
not • solid waste.
If none of the above apply, please review the
definitions of activities in this Manual
and reconsider your answers, or call the
RCRA Hotline for assistance.
Applicable Requlationat
1. Is the waste exempt
Exhibit 6)7
froM regulation (see the list in
( ) yes C 1 no
If yes, the Material is not regulated.
If no, the Material is regulated. See item (2), below.
Discussiont
Because the spent hydrochloric acid is used as a substitute for a
commercial product in steel pickling, the activity is classified as
use/reuse. Materials that are used/reused are not solid wastes and
are not subject to RCRA Subtitle C regulation unless they are
speculatively accumulated, used in a Manner constituting disposal, or
burned as a fuel.
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o
K
A
USE/REUSE - SLUDGE 1
Description of Activityt
A Metal finishing aludga containing chromium hydroxide (a mludqe
Hated under EPA Hazardous Waste No. F006) is treated with Bulfuric
acid, ' yielding chro»iu» sulfata which la used In the leather tanning
industry.
What IB the status of the sludge?
I
Questions;
1. IB the Material that la recycled a secondary Material?
W y«" I 1 no
If yea, go on to quaatlon (2).
If no, the material IB not a aolld waste.
2. IB the Material hazardous? (A material IB hazardous if it IB
Hated under 40 CPR 261.30-. 33 or exhibits one of the
characteristics of • hazardous waste given in 40 CFR 261.20-.24,
and la not specifically excluded from the definition of hazardous
waate under 40 CPR 261.4(b).)
[X] yes
( ) no
If yes, go on to question (3). •
If no, the Material is not a solid waste.
3. Is the Material specifically excluded from the definition of
solid waste under 40 CFR 261.4(a) (see the list in Exhibit 5)7
C 1 Y«»
IX] no
If yes, the Material is not a solid waste.
If no, go on to question (4).
4. Is the Material inherently waste-like (see the list in Exhibit 4)?
[ 1 y«» W no
If yea, the Material is a aolid waste. See applicable
regulations, below.
If no, go on to question (5).
5. Does the activity serve a beneficial use?
[XJ yea ( ] no
If yes, go on to question (6).
If no, the activity ia not recycling, and the Material
la a solid waste. See applicable regulations,
below.
6. IB there a feasible Means for recycling the waste?
W yes I j no
If yes, go on to question (6a).
If no, go on to question (6b).
6a. IB at least 75 percent of the Material recycled within
one calendar year?
[X] yes
I J no
If yes, go on to question (7).
If no, go on to question |6b).
6b. Is the Material a commercial oheMical product that
exhibits a hazardous waste characteristic or is listed
as a hazardous waste in 40 CPR 261.33?
|