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.


                              1-4

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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).


                              1-10

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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.)


                              1-12

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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.


                              1-13

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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

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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<

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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

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     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).

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      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.

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                            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

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                            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.

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                            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<

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                            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.

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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<

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     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

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-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

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                 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).

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     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

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                 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).

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     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

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                 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).

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              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

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                 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

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               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

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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.

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   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

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       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.

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                  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).

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     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

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                  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

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                     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).

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                     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

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                    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

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                  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).

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            •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).

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                    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.

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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

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                    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).

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                 !•  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.

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                    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).

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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).          -

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            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.

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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

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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.

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                   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).

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          !•  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.

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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).

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     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

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 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).

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           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

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                   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).

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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

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                    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).

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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.

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         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).

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     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).

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           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.

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                   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.

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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).

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     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

-------
                   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

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         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

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                         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.

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-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

-------
                        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).

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     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.)

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                               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).

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     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.

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                        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).

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     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.)

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                        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).

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          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

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                      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

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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

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                      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).

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     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

-------
                      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).

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            • 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.

-------
                              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.

-------
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).

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             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.

-------
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

-------
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).

-------
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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•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).

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           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).

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             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).

-------
                     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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h-
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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Co
A
                              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).

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           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).

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          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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A
                     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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CD
CD
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?