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
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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.1/ 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
1/ 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. Those 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 ofthe 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 l. 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 th-j 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
atteapt to classify the practice by using the worksheet and
consulting the detailed regulatory definitions provided in the
final section of this Introduction. Additional assistance in
using the manual is available through EPA's RCRA Hotline at (800)
424-9346 or (202) 382-3000.
AN OVERVIEW OF THE DEFINITION OF SOLID WASTE
Materials That Are
Solid Wastes When Recycled
Under Subtitle c of RCRA, EPA has the authority to regulate
the management of hazardous wastes. Hazardous wastes are defined
in the statute as a subset of "solid wastes" (40 CFR 261.3(a)).
EPA thus must determine whether a hazardous secondary material is
a solid waste before it can assert Subtitle C jurisdiction over
the management of that waste.2/
In the case of recycled materials, one must know both what
the material is and how it is being recycled in order to
determine whether it is a Subtitle C waste. The definition of
solid waste (codified in 40 CFR 261) identifies four types of
recycling activities that may involve solid waste management:
o Use constituting disposal - This activity involves
any direct placement of wastes or waste-derived
products (products that contain a waste as an
ingredient) onto the land (40 CFR 261.2(c)(1)).3/
2/ Throughout this manual, we refer for convenience to
"hazardous secondary materials." This term refers to any
hazardous material that can be a solid and hazardous waste when
recycled. As described below, hazardous secondary materials
include spent materials, sludges, by-products, commercial
chemical products, or scrap metals (50 FR 616).
3/ Use of a waste to produce a product that is placed on the
land is also considered use constituting disposal.
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o Burning wastaa or waste-derived fuels for energy
recovery, or using wastes to produce a fuel (40
CFR 261.2(C)(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
7l) 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
261.1(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, sure 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
261.1(c)(3)).
o 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 natal parts that
ara ganaratad by natal processing oparations or
result fron consumer usa (40 CFR 261.1(c)(6)).
Exhibit 2 lists examples of vastas in aach of thasa catagories.
Finally, it is nacassary to know on what basis a material
would ba defined as hazardous to datarnina its status, if
racyclad. Sona natarials ara spacifically listad as hazardous
undar 40 C7R 261.31-33 (listad wastas). Othars axhibit one of
tha charactaristics of hazardous wastas dafinad in 40 CFR 261.20-
24 (ignitability, corrosivity, reactivity, and extraction
procedure (EP) toxicity — characteristic or non-listed wastes).
Materials not dafinad as hazardous ara 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 listad or a characteristic waste —
before being subject to such regulation (40 CFR 261.1(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 ara 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-
tion excludes 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
Wot Spent Materials
Distinguishing spent materials from products that are not
yet "spent" 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 cit£s 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 («.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 unreached 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 nay be solid wastes, however. For
exampls, 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 (•)). 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
pi--»ni»Ty 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 Tn which less than 75
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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o Materials that are reclaimed and then reused as a
feedstock within the original primary production
process in which they were generated- These
material! 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 rav 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/
o Materials that are reclaimed but must be reclaimed
further before material recovery is completed -
These materials may receive a variance if, after
initial reclamation, the resulting material is
commodity-like (even though it is not yet a
commercial product, and must be reclaimed fur-
ther) . Thus, materials that have undergone pro-
cessing that substantially completes the recycling
process might be excluded from definition as
solid wastes. An example is ore concentrate re-
claimed from electroplating wastes that must be
5/ It should be noted that on December 16, 1985, EPA requested
comment on a generic exclusion from the definition of solid waste
when: (1) the materials are returned, after being reclaimed, to
the original process in which they were generated; (2) only tank
storage is involved, and the entire process, through completion
of reclamation, is "closed" (i.e., entirely connected with pipes
or other comparable enclosed means of conveyance); (3) the mat-
erials are never accumulated in such tanks for over 12 months
without being reclaimed; and (4) reclamation does not involve
controlled flame combustion (50 FR 61265).
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processed in a smelter before use. The ore con-
centrate is much like a raw material in this case
and may be excluded from the definition of solid
waste if a variance is granted* A variance will
not be granted if the initial recycling step is
minimal (40 CFR 260.31(c)).
Standards and criteria for EPA Regional Administrators to
follow in granting or denying variances from classification as a
solid waste are detailed in 40 CFR 260.31. In addition, 40 CFR
260.33 delineates the procedures for evaluating applications for
variances, including public notification and comment periods.
The Regional Administrator must follow these procedures in res-
ponding to requests that meet one of the three eligibility cri-
teria described above. (If a variance application does not meet
the eligibility criteria, the Regional Administrator may deny the
request without following the formal evaluation procedures.)
Inherently Waste-Like Materials
Certain "inherently waste-like" materials are defined as
solid and hazardous wastes regardless of how they are recycled
(40 CFR 261.2 (d)). To identify an inherently waste-like mate-
rials, EPA must go through formal rulemaking to demonstrate how
the material in question meets the criteria specified in 40 CFR
261.2(d). Wastes currently included in this category are the
chlorinated dioxin- and dibenzofuran-containing wastes listed in
Exhibit 4 as F020, F022, F023, F026, and F028. Waste F021 is not
designated as a solid waste if it is used as an ingredient to
make a product at the site of generation, but is a solid waste if
recycled or disposed of in any other way.
Additional Exclusions
Finally, certain materials are explicitly excluded from the
definition of solid waste (40 CFR 261.4 (a)). These materials
are listed in Exhibit 5. The list includes two cases in which
materials are excluded from the definition of solid waste only if
they are recycled in specific ways:
o Pulping liquors that are reclaimed in a pulping
liquor recovery furnace and then reused in the
pulping process (50 FR 14218) unless accumulated
speculatively; and
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o Spent sulfuric acid used to produce virgin
sulfuric acid, unless accumulated speculatively.
Applicable Regulations
The requirements that apply to recycled hazardous wastes are
defined by regulations issued by EPA under Subtitle C of RCRA.
Additional requirements may be imposed by individual states.
This section describes the Subtitle C regulations that impose
minimum requirements for such wastes.
In most cases, materials that are solid and hazardous wastes
when recycled are subject to the general hazardous waste manage-
ment requirements (i.e., the requirements applicable to hazardous
wastes being stored or disposed rather than recycled) prior to
recycling. Thus,, generators of wastes destined for recycling are
subject to waste characterization, notification, manifest, pre-
transport, and (where applicable), short-term storage require-
ments for these wastes up to the point of recycling (40 CFR Part
262).6/ Transporters of wastes destined for recycling are sub-
ject to the.requirements of 40 CFR Part 263. Parties storing
wastes prior to recycling are subject to requirements under 40
CFR 262.34 or 40 CFR 264 and 265 Subparts A through L. Recyclers
who are not the generators of the waste are subject to the full
Part 264 and 265 storage requirements, regardless of the length
of the storage period.
Certain recycled materials — for example, spent lead-acid
batteries that are reclaimed and materials from which precious
metals are recovered — are subject to a lesser set of controls
(40 CFR 266). These materials and the reduced requirements that
apply to them are discussed in the detailed description of regu-
lations in the next section.
6/ Short-term storage regulations apply to generators of at
least 1,000 kilograms of hazardous waste per month who store
wastes in tanks or containers for no more than 90 days prior to
recycling them on-site or sending them off-site for recycling.
Short-term storage regulations also apply to generators of be-
tween 100 and 1,000 kilograms of hazardous waste per month who
store wastes in tanks or containers for no more than 180 to 270
days before recycling them on-site or sending them off-site for
recycling. (40 CFR 262.)
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Wastes generated by generators of less them 100 kilograms
per month are conditionally exempt from most Subtitle c require-
ments (40 CFR 261.5) .7/ (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 them 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 eure 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 emd 1,000 kilograms per month; these
requirements differ somewhat from requirements for wastes from
larger quantity generators.
8/ For exeunple, 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, emd the material exhibits a hazardous
characteristic (EP-toxicity), the lead and oxides remain a solid
and hazardous waste and are subject to Subtitle C regulations.
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addition, reclaimed materials fchat 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 subj ect 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-
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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 (1) 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.
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maintained, as wall 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
to be disposal rather than materials
recovery if the naterials 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)(1)).
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 land" is construed broadly
1-17
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also to include most types of placement in water (except where
•one 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 nay 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
devices that 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 buying 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 subj ect 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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1
are originally intended for. use as fuels, including off-
•pacification fuels (a.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.
Zn 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 261.1(b)(4)).
1-20
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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
FR 633).
Spent materials, scrap metals, listed sludges, and listed
by-products are solid wastes when reclaimed (40 CFR
261.2(c)(3)).10/ 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
10/ 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);
or
3. Reclamation processing is minimal or does not
complete the recovery process (50 FR 634).11/
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:
11/ 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.
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 7 (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
1-23
-------
on* 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 261.1(c)(8)).
1-24
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Exhibit 1
DaacrlptIon of >ctlvltv»
Queetlonei
1. Ia the uttrlil that ta recycled a aaoondary Mtarlal?
( 1 ( ) no
If yaa, go on to queatioa (a).
It no, tha Mtarlal la not a aolld waate.
S. la tha utarial haiardoua? (h Mtarlal la haiardoua If It la
Hated under 40 cnt lil.lt-.l) or axhlblta ona of tha
characterletioe of a haiardoua waata given In 40 cnt 241.20-.24,
and la not a pacifically axaludad free tha definition of haiardoua
waata undar 40 cm 241.4(b).)
I 1 yaa ( ) no
If yaa, go oa to queatioa (3).
If no, tha Mtarlal la not a aolld waata.
1. Ia tha Mtarlal a pacifically excluded froa tha daflnltlon of
aolld waata undar 40 cm 241.4(a) (aaa tha llat in Exhibit S)T
J ) yaa ( ) no
If yaa, tha Mtarlal 1a not a aolld waata.
If no, go on to quaatloa (4).
4. Ia tha Mtarlal Inherently waata-llka (aaa tha llat la Exhibit 4)?
( ) yaa I 1 m
If yaa, tha Mtarlal ia a aolld waata. aaa applicable
regulatlona, below.
If no, 90 on to quaatloa (S).
5. Doaa tha activity aarva a beneficial uaaf
J 1 yea J 1 no
If yaa, 90 on to queatlon (4).
If no, the activity ia not recycling, and tha aatarlal
la a aolld waate. See applicable ragulatlona,
below.
4. Ia there a faaelble aeane for recycling the waeteT
I ) yea ( ) no
If yaa, 90 on to quaatloa (4a).
If no, 90 on to quaatloa jib).
4a. Ia at laaat IS percent of tha Mtarlal reoyoled within
one calendar year?
( ) yaa ( ) aa
If yaa, 90 oa ta quaatloa (7).
If no, 90 on to quaatloa (4b).
4b. Ia tha Mtarlal a poMirolal chaaleal product that
axhlblta a haiardoua waata characteriatlo or la llated
aa a haiardoua waate ia 40 CFR 241.111
C 1 yaa t 1 "O
If y«*> 90 oa ta queatioa (71.
It no, tha praotica la apeculativa
accumulation, and tha Mtarlal ia a
aolld waata. aaa applicable
ragulatlona, balow.
1. la tha Mtarlal placed oa the ground or uaad In a product that la
placed oa tha ground?
( ) yaa ( 1 no
If yea, go oa to queatioa (Ta).
If no, go on to quaatloa (•).
7a. Ia tha Mtarlal a coaaercial chaaleal product that
axhlblta a haiardoua waata characteriatlo or ia llated
in 40 cnt 241.3) that ia produced for application to
the land?
C 1 yaa I 1 no
If yea, tha Mtarlal la not a aolld waata.
If no, tha activity raaulta In uaa
conatltutlng diapoaal and tha aaterlal
la a aolld waata. aaa applicable
regulatlona, below.
• . Ia tha Mtarlal uaad aa a fuel or uaad to produce a fuel?
( ) yaa ( | no
If yaa, , 90 on to queatlon (ia).
If no, 90 on to queatlon (•).
-------
•a. la tha "attarla 1 a couarclal chaalcal product that
axhlblta a hatardoua waata charactariatlc or ia llatad
In 40 cm lil.l) a.vl that la producad to ba burnad as
fual?
I I C 1 no
If yaa, tka utarlal ia not a aoltd waata.
IC no, tha activity raaulta in burning for
anargy racovary, and tba aatarial ia a
aolid waata. (aa applioabla
regulations, balow.
fa tha aatarial uaad or rauaad
(| aa an lngradlant in an induatrlal procaaa to aaka
a naw product without lntamadiata raclaaatlon
(raganaration or racovary of utarlala),
(1 aa an affactlva aubatituta for coaaarclal products
in a particular function or application, or
( ) aa a aubatituta for raw aatarial faadatock in tha
prlnary production procaaa froa which it waa
ganaratad, without balng first raclalaad (a
cloaad-loop procaaa)?
If any of tha abova apply, tha activity ia uaa or
rauaa, and tha aatarial la not a aolid waata.
If nona of tha abova apply, go on to quaation (10).
Ia tha aatarial raaanaratad or ara natariala with valua
racovarad froa tha original aatarial?
J | yaa J ) no
If yaa, tha activity ia raolaaation. Co on to quaation
(10a).
If no, plaaaa raviaw tha dafinltiona of aotivltlaa in
tbla nanual and raconaldar your anawara, or
call tha KM Hot Una for aaalatanca.
10a. Ia tha aatarial
( ) a hatardoua waata llatad undar 40 cr*
ltl.ll or 2*1.12 (tbla provision
axcludaa coanarclal chaalcal producta,
which ara llatad undar 40 CHI 2C1.11),
( ) a apant aatarial axhlblting ona of tha
charactarlstlca of a haiardoua waata
glvan in 40 CFX 2C1.20-.24, or
( ) a acrap natal?
If any of tha abova apply, tha aatarial la
a aolid waata. Saa appllcabla
ragulatlona, balow.
If nana of tha abova apply, go on tu quaation
(10b).
10b. ia tha aatarial
( ) althar a aludga or a by-product that
axhlblts ona of.tha charactarlatlea of •
haiardoua waata glvan in 40 cm 2C1.20-
.24, and that ia not llatad undar 40 Cm
2Cl.ll-.12, or
| ) a coaaarclal chaalcal product llatad
undar 40 era SCI.11?
If any of tha abova apply, tha aatarial is
not a solid waata.
If nona of tha abova apply, plaaaa raviaw
tha dafinltlons of aotivltlaa in thla
Manual and raconaldar your anawars, or
call tha Ull lot Una for aaalatanca.
*ppllcabla Haaulationa
1. Ia tha procaaa axaapt fro* regulation (saa tha list in
Inhibit C)?
( ) y«a ( 1 M
If yas, tha aatarial is not ragulatad.
If no, tha aatarial is ragulatad. faa ltaa (2), balow.
2.
Oiacuaaloni
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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.
I-Z7
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Exhibit 2
(continued)
EXAMPLES OF WASTES BY TYPE
Listed Wastes bv Category: **
Spent Materials
Sludqes
By-Products
F001
F006
F008
K034
F002
F012
F010
K036
F003
F019
F024
K039
F004
K001
K008
K042
F005
K002
K009
K043
F007
K003
K010
K049
F009
K004
K011
K050
F011
K005
K013
K052
K021
K006
K014
K060
K028
K007
KOI 5
K071
K033
K032
K016
K073
K038
K035
K017
K083
K045
K037
K018
K085
K047
K040
K019
K087
K062
K041
K020
K093
K086
K044
K022
K094
K098
K046
K023
K095
K099
K048 .
K024
K096
K104
K051
K025
K097
Kill
K061
K026
K101
K117
K069
K027
K102
K118
K084
K029
K103
K100
K030
K105
K106
K031
K112
K113
K114
K115
K116
K136
* Spent activated carbon is a sludge if it is generated
by pollution control activities.
** 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.
1-29
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Exhibit 3
nssm BSUWra&tf
- Typa of lieycllna
BtSSSt"^"* H.I. -BSUKft,
""'tisSSifiis
Yes
Yas
Yes
Yes
""ftRtrt
Yes
Yas
Yas
Yes
,lUftS- llsted/diarecterfstlc)
Yes
Yas
No
Yes
•y"?T?«£S5
Yes
Yas
Yes
Yes
** fnon-T?*t«d/characttr1«tic)
Y«s
Yes
Ho
Yes
Co,T5S?A-hS5a,2?4 SMSSSd/
characteristic;.not
8?I» V»S £ fuels)
Yaa
Yaa
Me
No
Scrap Natal
Yas
Yas
Yes
Yes
sr : e!'3fliSd'~"i'i,ra'i.,.
1-21
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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 (F020);
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 (F022);
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, F022, F023, F026, and F027 (F028).
J-3 O
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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.
/ "3/
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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 them 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;
/-32
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Exhibit 6
(continued)
EXEMPTED MATERIALS
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;
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);
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
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.
/-3L?
-------
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.
I-ZI
-------
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 ot 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
-------
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
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USB CONSTITUTING DISPOSAL - SPENT MATERIAL 1
Description of Activity!
Aii acid etching solution (a a pant Mtarial exhibiting tha
characteristic of corroalvity) is raolalawd for ita tine contant. The
tine (which doaa not nhibit any hasardoue waate charactariatlea) ia
than Used in a fertiliser that alao doaa not exhibit any hasardoua
waete charactariatica. Ttta recycler uaaa tha fart 11 liar on hia own
land but doaa not aarkat it to tha general public. -
What ia tha atatus of tha atehinf solution?
Quaatlonat
1. Is tha Mtarial that la racyolad a sacondary Mtarial?
(X) yaa | J no
If yaa, go on to queation (2).
If no, tha Mtarial is not a solid wasta.
2. Is tha Mtarial hasardoue? (A Mtarial is hasardoua if it ia
liatad undar 40 CFR 261.30-.3) or exhiblte on* of tha
charactariatica of a hasardoua waata given in 40 cm 2(1.20-.24,
and is not specifically axcludad froa tha definition of hasardoua
waata undar 40 cm 241.4(b).)
fX) yaa | J no
It yaa, go on to question (3).
If no, tha Mtarial ia not a solid waata.
3. Ia tha Mtarial epeoifleelly excluded fro* tha definition of
aolid waate undar 40 CFR 241.4(a) (see the liat in Exhibit 9)?
I 1 yaa (X) no
If yaa, tha Mtarial is not a aolid waata.
If no, go on to queetion (4).
4. Ia the Mteriel inherently waate-like (aee the liat in exhibit «)?
( 1 {XI no
If yaa, the Mteriel is a aolid waate. Bee applicable
regulationa, below.
If no, go on to queation (9).
9. Doaa tha activity aerve a beneficial uee?
(X] yea ( ] no
If yea, go on to queetion (•).
If no, the activity ia not recycling, and tha Material
la a solid waste. See applicable regulationa,
balov
«. Ia there a feaaible Main for recycling tha waate?
1*1 I I i» ,
If yea, go on to queation (it).
If no, go on to quaetlon (lb).
•a. Ia at leaat 79 percent of the Mteriel recycled within
one calender year?
(X) yes ( ) no
It yes, go on to question (7).
If no, go on to question (a).
If no, go on to queetlon (9).
-------
•». Is the Mtarial • cn—arclal chaalcal product that
axhlblta a hatardoua waata oharactariatio or la 1iatad
In 40 cm 1(1.)] and that la producad to ba burnad aa
fual?
() yaa ( ) no
It yaa, tha Mtarial Is not a solid waata.
If no, tha activity raaulta In burning for
anargy racovary, and tha aatarlal la a
aolld waata. Baa appllcabla ragula-
tlona, balow.
la tha aatarlal uaad or rauaad
() aa an lngradlant In an lnduatrlal procaaa to aaka
a naw product without lntaraadlata raclaaatlon
(raganaratlon or racovary of Mtarlala),
( ] aa an affaotlva aubatltuta for coaaarolal products
In a particular funotlon or application, or
( ) aa • aubatltuta for raw Mtarial faadatook In tha
primary production procaaa fro* which It waa
ganaratad, without balng first raclaiaad (a
cloaad-loop procaaa)7
If any of tha abova apply, tha activity la uaa or
rauaa, and tha Mtarial la not a aolld waata.
If nana of tha abova apply, go on to quaatlon (10).
la tha Mtarial raganaratad or ara Mtarlala with valua
racovarad fro* tha original Mtarial?
| ] yaa I 1 no
If yaa, tha activity la raclaMtlon. So on to quaatlon
(10a).
If no, plaaaa ravlaw tha daflnltlona of aotlvltlas In
thla Mnual and raconaldar your anawara, or
call tha RCRA Mot Una for assistance.
10a. Is tha Mtarial
( ) a hatardoua waata llatad undar 40 cm
>61.31 or 111.)} (thla provlalon
axcludaa coaaarclal chaalcal producta,
which ara llatad undar 40 CPR 261.33),
( ) a apant Mtarial exhibiting ona of tha
charactarlatlcs of a hatardoua waata
glvan In 40 CPR 261.20-.24, or
( ) a acrap Mtal?
If any of tha abova apply, tha Mtarial la a
aolld waata. Saa appllcabla ragula-
tlona, balow.
If nona of tha abova apply, go on to quaatlon
(10b).
lob. Ia tha Mtarial
( ) althar a sludga or a by-product that
exhibits ona of tha charaotarlatlcs of a
hatardoua waata glvan In 40 CPR 261.20-
.24, and that Is not llstad undar 40 CPR
261.31-.32, or
( ) a coMwrolal chaalcal product that axhl-
blta a hatardoua waata oharactariatio or
la llatad undar 40 CPR 261.33?
If any of tha abova apply, tha Mtarial Is
not a aolld waata.
If nona of tha abova apply, plaaaa ravlaw
tha daflnltlona of aotlvltlss In this
Mnual and raconaldar your anawara, or
call tha RCRA Hot Una for aaalatanca.
Appllcabla Regulationst
1. Is tha wasta axaapt froa regulation (saa tha list In Bxhlblt 6)?
I 1 yn (X) no
If yss, tha Mtarial is not ragulatad.
If no, tha Mtarial Is ragulatad. fas itaa (1), balow.
2. Km ganaratar of tha spant etching solution Is subjaot to ra-
qulraaanta undar 40 CPR 262. Transporters of tha apant atchlng
aolutlon ara subjaot to requireMnts undar 40 CPR 263. Canara-
tora racycling tha apant atchlng aolutlon on-alta, off-slta re-
cyclars and othar partlaa handling tha apant atchlng aolutlon
prior to racycling My ba subjaot to atoraga facility raqulra-
Mnta undar 40 CPR 264 and 26S Subparts A through L. Oanaratora
who stors tha apant atchlng aolutlon for no aora than M daya In
tanks or oontalnars prior to racycling ara aubjaot only to tha
requireMnts for accuaultlon undar 40 CPR 262.34. Raalduaa froa
racyollng tha apant atchlng aolutlon Mist ba Mnagad aa hatar-
doua waataa If thay thaaaalvaa axhlblt' any hatardoua waata
charactarlatlcs.
Plaouaalont
•aoauaa Mtarial with valua — tha tlna — la racovarad froa tha
atchlng solution, ths activity Is olaaalflad as raalaMtlon. Howavar,
tha raclaMtlon atap Is part of a racycling prooaas that ands with tha
tine balng plaoad on tha ground. Baoauaa tha ultlMta atap la uaa
conatltutlng dlapoaal, tha atchlng aolutlon la a aolld waata and la
aubjact to RCRA Subtltla C ragulatlon. (Notai Bacauaa It la a hatar-
doua apant Mtarial that la raolalMd, tha atchlng aolutlon would ba a
aolld waata avan If tha ultlaata uaa of tha tine waa not placaMnt on
tha land.)
8aa Alaoi Othar - Mon-Sacondary Matarla1 7
Othar - Non-Hatardoua Sacondary Matarlal 3
Othar - Non-Hatardoua Sacondary Hatarlal 4
RaclaMtlon - Spant Matarlal 13
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USB CONSTITUTINC DISPOSAL - SPENT MATERIAL 3
Description of Activity!
Sulfurlo sold tram Mtal finlahina operations (i spent aatarial
exhibiting th« characteriatic of corroelvity) la ueed aa an lngradlant
In fertiliiera that ar« marketed to the general public. The fertlll-
sera thesaelvea do not exhibit any hacardoua waate characterlatlca.
What la the atatua of the aulfurlo acid?
Quest tonsi
1. la the satarial that la recycled a aacondary aaterlal?
(XI yea ( | no
If yaa( 90 on to question (3).
If no, the Mterlal is not a aolld waate.
3. Ia the Mterlal hatardoua? (A material la hasardoua If It la
listed under 40 CPR 2tl.30-.33 or exhlblta one of the
characterlatlca of a haaardoua waata given In 40 CTR 3*1.30-.24,
and la not epeclflcaliy excluded fro* the definition of hatardoue
waata under 40 CPU 241.4(b).)
(X) yea ( | no
If yea, 90 on to queation (3).
If no, the Mterlal ia not a aolld waate.
3. Ia the Mterlal speciflcally excluded fron the definition of
aolld waate under 40 CPR 241.4(a) (aee the Hat In Exhibit S)T
( I ¥•• (X) no
If yea, the Material la not a aolld waate.
If no, 90 on to queation (4).
4. Ia the Mterlal inherently waate-llke (aee the liat in Exhibit 4)?
I ) IX) no
If yea, the Mterlal la a aolld waate. See applicable
reguletlone, below.
If no, 90 on to queation (5).
5. Does the activity aerve a beneficial uaa?
(XI ( 1 no
If yea, qo on to queation (•).
If no, the activity la not recycling, and the Mterlal
ia a aolld wasto. See applicable regulationa, •'
below.
6. Ia there a feasible anna for recycling the waate?
(XI yea ( J no
If yea, 90 on to queation (*a).
If no, 90 on to queation jib}.
•a. Ia at laaat 78 percent of the Mterlal recycled within
one calendar year?
(X) yea ( ) no
If yaa, 90 on to question (7).
If no, 90 on to queation ((b).
•b. Ia the Mterlal a co—erolal chaaical product that
¦ exhlblta a hasardoua waate charactarlatio or la Hated
aa a hasardoua waate in 40 CPR 161.))?
( 1 yaa ( 1 no
If yaa, 90 on to queation (7).
If no, the practice ia epeculative accumula-
tion, and the Mterlal ia a solid
waata. See applicable regulations,
below.
7. is the Mterlal placed on tha ground or uaad in a product that ia
placed on the ground?
(XI yaa ( J no
If yaa, 90 on to queation (7a).
If no, 90 on to queation (•).
7a. Is the Mtarial a co—erolal cbealeal product that
exhlblta a hacardoua waata charaoterlatlo or la Hated
in 40 CPR 2(1.33 that la produced for application to
tha land?
I I y«« (X) no
If yaa, tha Mterlal la not a aolld waate.
If no, the eotivlty reaulta in use conetitu-
tlna dlepoeal and tha saterlal ia a
aolld waata. See applicable regula-
tiona, below.
S. Ia the Mterlal uaed ea a fuel or ueed to produce a fuel?
I ) yea ( ) no
If yaa, 90 on to queation ((a).
If no, go on to question (9).
-------
•a. Ii the iitttlil a coaaarclal chealcal product that .
evhlbite a haiardoua waata charactarlatlo or la llated
in 40 CPU and that la producad to be burnad aa
fualT
I ) ye* | ] no
If yaa, tha Mtarlal la not a aolld waata.
If no, tha activity raaulta In burning for
energy racovary, and tha Mtarlal la a
aolld waata. Baa applicable regula-
tiona, balow.
la tha Mtarlal uaad or rauaad
| ] aa an Ingredient In an induatrlal procaaa to Mka
a naw product without intarMdiata raolaMtion
(regeneration or racovary ot Mtariala),
( ) aa an effective aubatltuta Cor en—rnlal product*
In • particular (unction or application, or
1 ( ) aa a aubatltuta (or raw Mtarlal (aadatoek In tha
prlMry production procaaa (roa which it waa
generated, without bain? (irat raolalMd (a
cloaad-loop procaaa)?
If any o( tha abova apply, tha activity la uaa or
rauaa, and tha Mtarlal la not a aolld waata.
If nona o( tha abova apply, 90 on to quaation (10).
Ia tha Mtarlal regenerated or ara Mtariala with valua
racovarad (roa tha original Mtarlal?
( ) C ) no
It yaa, tha activity la raolaMtion. Oo on to quaation
110a).
It no, plaaaa ravlaw tha definition* of activltiaa in
thla Mnual and raconaldar your anawara, or
call tha RCRA Hot Una (or aaalatanca.
10a. Ia tha Mtarlal
I ) a haiardoua waata llatad undar 40 CPU
2*1.31 or 261.32 (thia provialon
axcludaa coMarcial chealcal producta,
which ara llatad undar 40 CFR 261.33),
[ ) a apent aatarlal exhibiting ona of tha
charactariatica of a haiardoua waata
given in 40 CFR 261.20-.24, or
| ) a acrap Mtal?
If any of tha above apply, tha Mtarlal la a
aolld vaato. Sea applicable regula-
tlona, balow.
If nona of tha abova apply, go on to quaation
(10b).
10b. la tha Mtarlal
( ) either t aludge or a by-product that
axhlblta on* of tha charactarlatlo* of a
haiardoua waat* givan in 40 cm 261.20-
.24, and that if not li*t*d undar 40 cm
261.31-.32, or
( ) • coaaarclal ohaalcal product that mfci-
bita a haiardoua waat* charactarlatlo or
i* listed undar 40 CPR 261.33?
If any of th* abov* apply, th* Mtarlal la
not * aolld waat*.
Xf none of the abova apply, plaaaa review th*
definition* of activltiaa in this Mimal
and raconaldar your anawar*, or call th*
RCM Hot Una for aaalatanca.
Applicable Regulation*>
1. I* th* waat* *KMpt fro* regulation (a** th* liat in Inhibit 6)?
I )yM (X) no
If y**, th* Mtarlal 1* not regulated.
If no, the Mtarlal la r*gulat*d. •** it*a (2), balow.
2. tha generator of th* mlfurie acid 1* aubjact to requlraaants
undar 40 era 262. Tranaportara of the aulfurio acid ara aubjact
to requireMnta under 40 era 263. Ganaratora recyoling add on-
aita, off-alt* recyolera and othar partlea handling tha acid
prior to recyoling My be aubjact to atorage facility
requiroMnt* under 40 era 264 and 265 lubparta A through L.
Ganeratora who atora the aulfurio acid for no iora than *0 daya
in tanka or container^ prior to raoycling ara aubjact only to tha
requireMnt* for accuaulatlon undar 40 era 262.34. Raaiduea froa
recyoling auat be Mixgtd a* haiardoua waataa if they thaMalvaa
exhibit any hasardoua waata charaotariatiaa.
Placuaalont
Becauaa the aulfurio acid ia Incorporated into a product that la
applied to the ground, thl* aotivity ia olaaalfiad aa uaa conatltutlng
dlapoaal. Hanca tha acida are aolld waataa, and are aubjact to RCRA
Subtitle C regulation.
See Alaoi Uaa Conatltutlng Dlapoaal - Hon-Haiardcua secondary
Material 1
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USB CONSTITUTING DISPOSAL - SLUDGE 1
Description of Activity!
Toxic Htil-contilning iludftt fro* tha ekmleil industry
(eludgea axhlbitlng tha characteristic of EP-toxlcity) go through a
reclamation proceaa that raaulta in a soll-lika aolld that can be ueed
for landfill covar Material, lavaaa, baraa, or fertiliser. Thla
product doaa not exhibit hasardoua wast* characteristics.
What la tha atatua of tha ilud(«t?
Quaatlonat
1. Is tha Mterlal that la raoyolad a aecondary Mtarlal?
fXJ yaa ( ) no
If yaa, go on to quaatlon (2).
If no, tha aatarlal la not a aolld vaata.
3. la tha Mtarlal hasardoua? (k aatarlal la hasardous If It la
llatad undar 40 cnt M1.10-.)] or axhlblt a ona of tha
characterlatice of a hasardoua waata given In 40 CPU 261.20-.24,
and la not apaolfloally excluded from tha daflnltlon of hasardoua
i waata undar 40 CPU 2*1.4(b).)
v)
|X) yas J ) no
If yas, go on to quaatlon (}).
If no, tha Mtarlal Is not a solid Masts.
3. Is tha Mtarlal spaolfloally excluded froa tha daflnltlon of
aolld waata undar 40 CPU 261.4(a) (sss tha list in Exhibit S)?
I I W (X) no
If yas, tha aatarlal la not I solid waata.
If no, go on to quastlon (4).
4. la tha Mtarlal inharantly waata-lika (aaa tha list In Exhibit 4)?
I ) I*] •»
If yaa, tha Mtarlal Is s solid waata. Saa applicable
regulations, below.
If no, go on to queetion (5).
9. Doaa the activity eerve a beneficial uae?
(X) yea J ) no
If yaa, go on to quaatlon (•).
If no, tha activity la not recycling, and tha Material
la a aolld waata. See applicable requlatlona,
below.
6. la there a feaaible Nana for recycling the waata?
1*1 y*s ( ) no '
If yes, go on to question ((a).
If no, go on to quastlon (tb).
6a. Is st lsaat 79 percent of the Mterlal recyoled within
one calendar year?
t*J r 1 no
If yes, go on to question (11.
If no, go on to quaatlon (6b).
6b. is the Mterlal a coaMrclal ctie*laal product that
' axhiblta a hasardoua waata charaoteristio or is listed
as a hasardoua waata in 40 CPU 261.3)?
I I V— ( ) no
If yas, go on to question (7).
If no, the practice is speculative socuaula-
tion, and the Mterlal Is a solid
waate. See applicable regulations,
below.
7. Is the Mterlal placed on the ground or ussd in a product that la
placed on the ground?
(») y*» l J no
Xt yes, go on to question (7a).
If no, go on to question (•).
7a. Is the Mterlal a co—atolal oheaical product that
axhiblta a hasardoua waate charaoterlatio or is listed
in 40 CPR 261.33 that la produced for application to
the land?
( ) V" (X) no
If yes, ths Mtsrlal la not • aolld waata.
If no, the eotivlty reeulta in uae constitu-
tion dlapoaal and tha Mtarlal la a
aolld waate. See applicable regula-
tions, below.
6. Is the Mterlel used es a fuel or uaad to produce a fuel?
C 1 y*» I 1 no
If yea, go on to quaatlon ((a).
If no, go on to quaatlon (»).
-------
¦a. Is the aatarial • cn—»rclal chealcal product that
exhibits • hazardous waata charactarlatla or la listed
In 40 era lil.l) and that is produced to b« burned aa
fuel?
I ) I 1 no
If yaa, tha material is not a aolid waata.
If no, tha activity raaulta in burning for
anergy recovery, and tha material is a
aolid waata. Sea applicable remula-
tion a, below.
la tha aatarial uaed or reused
( ] as an ingredient in an Industrial process to aak'a'
a new product without intermediate reolaaation
(regeneration or recovery of aatariale),
( ) aa an affective substitute for coaaercial products
in a particular function or application, or
| 1 as a aubatltute for raw aatarial feedstock in tha
priaary production proceas from which it was
generated, without being firat reclaimed (a
cloaed-loop proceaa)T
It any of the above apply, tha activity ia use or
reuse, and tha aatarial is not a aolid waata.
If none of the above apply, go on to quaatlon (10).
Is the aatarial regenerated or are aatarials with value
recovered fro* tha original aatarial?
C 1 I 1 no
If yes, tha activity is reolaaation. 0o on to question
(10a).
If no, plaaaa review tha daflnitiona of activities in
this aanual and reconaider your anawera, or
call the RCRA Hotline for aaalstanca.
10a. la tha aatarial
( ] a hasardous waata liatad under 40 CPU
3fl.3l or lfl.31 (thla provision
oxcludea coaaercial eheaical products,
which are listed under 40 CPU 261.31),
I ) a apant aatarial exhibiting one of the
characterlatica of a hatardoua waata
given in 40 CPU 3*1.30-.24, or
( ) a acrap natal?
If any of tha above apply, tha aaterial ia a
aolid waste. See applicable regula-
tions, below.
If none of the above apply, go on to quaatlon
(10b).
10b. Is tha aatarial
( ) either a eludg* or a by-product that
exhibits one of the characterletlas of a
hazardous waata given in 40 CPU 2*1.30-
.24, and that is not listed under 40 CPU
2*1.31-.12, or
( ) a coaaercial chealcal product that exhi-
bits a hatardoua waste characteriatlo or
la Hated under 40 CP* 2C1.11?
If any of the above apply, tha aaterial is
not a aolid waata.
If none of the above apply, plaaaa review .
the definitiona of activitiea in this
aanual and reconaider your answara, or
call tha RCRA Hotline for aaalatance.'
Applicable Regulations!
1. Xa the waate axeapt froa regulation (see the list ia Sxkiblt «)?
( 1 raa (X) no
If yes, the aatarial is not regulated.
If no, the aaterial la regulated. Sea itea (2), below.
2. The generator of the sludges la subject to requireaents under 40
CPR 3*2. Tranaportara of the aludgea are subject to requiraaenta
under 40 CPR 2*3. Ceneratora recycling the aludgea on-site, off-
site reoyclers and other partiea handling tha aludgea prior to
recycling nay be aubject to atoraga facility requirementa under
40 CPR 2*4 and 2*9 Subperta A through Ceneratora who atore the
sludges for no aore than 00 daya in tanka or containers prior to
recycling are aubject only to tha raquireaente for accuaulation
under 40 CPR 3*3.34. Reaiduea froa recycling the aludgea auat be
aanaged aa hatardoua waataa if they theaaelvea exhibit any
hatardoua waata characterletica.
Placuaaioni
Although the aatarial ia raolalaad, the ultlaata deetlnatlon of
the aludgea ia to be placed on the ground for benefiolal use. Hence
the activity ia uae constituting diapoeal, even though the product of
reolaaation doaa not exhibit hatardoua waate characteristics.
Hateriela that ara uaed In a Banner conatituting dieposal are solid
waataa, and ara aubject to RCRA Subtitle C regulation.
See Alaoi
Other - Mon-Hatardoua secondary Material 3
-------
USB CONSTITUTING DISPOSAL - SLUDGE 2
Dascrlptlon of Aotlvltvi
Hue dusts from Mtil raf lnlrtg oparatlona (a aludga exhibiting
tha charaotarlatlo of EP-toxicity) ara raclalaad for their Htali
contant. Tha Mtala, which also exhibit BP-toxlolty, ara used aa an
lngradlant In fart11liar. Tha fartllliar, which alao exhibits EP-
toxicity, la aarkatad to tha ganaral publlo.
What la tha status of tha flu* dusts?
Quaatlonai
1. la tha Mtarlal that Is racyclad a aacondary Mtarlal?
1*1 I 1 no
If yes, go on to quastIon (a).
If no, tha Mtarlal Is not a solid waate.
a. Is tha Mtarlal haiardous? (A Mtarlal Is haiardous If It Is
11atad undar 40 CPA ail.10-.13 or exhibits ona of tha
charaotarlatlcs of a hatardous waata qlvan In 40 CPU aci.ao-.a4,
• and la not spaolfloally axoludad froa tha definition of haiardous
waata undar 40 CPK atl.4(b).)
i
(*1 l 1 no
If yas, go on to question (3).
If no, ths Mtarlal Is not a solid waate.
3. Is the Mtarlal specifically excluded froa the definition of
solid waste under 40 CPK 2«1.4(a) (see the list In Bxhlblt 5)?
( 1 (X] no
If yes, the Mterlal Is not a solid waata.
If no, go on to question (4).
4. Ia the Mterlal Inherently waste-like (see the list In Exhibit 4)?
( 1 y*» 1*1 no
If yes, the Mterlal Is a aolld waste. See applicable
regulatlona, below.
If no, 90 on to question (S).
5. Does tha activity serve a beneficial use?
1*1 y«a J J no
If yea, qo on to queatlon (•).
If no, the activity Is not reoycllna, and tha Mterlal
la a aolld waata. See applicable regulations,
below.
t. Ia there a feaalble Mana for recycling the waate?
1*1 ¥•¦ I 1 no
If yee, 90 on to queatlon («a).
If no, go on to question ((b).
•a. Is at least 79 percent of the Mterlal recycled within
one calendar year?
t*l I 1 no
If yea, go on to queatlon (71.
If no, go on to queatlon (lb).
•b. la the Mterlal a 00—arclal chaalcal product that
' axhlblts a hatardoua wasta charaotarlatlo or la llated
aa a hatardoua waata In 40 CPK atl.33?
( 1 yea I ) no
If yea, go on to question (7).
If no, the practice la speculative aocuaula-
tlon, and the Mterlal Is a aolld
waste. Sea applicable regulations,
below.
7. Is the Mterlal placed on tha ground or used In a product that la
placed on the ground?
1*1 y*« t 1 no
If yea, go on to queatlon (7a).
If no, go on to queatlon (I).
7a. Is tha Mterlal a oo—arclal chealcal product that
exhibits a hatardoua waata charaotarlatlo or la llated
In 40 CPK aci.33 that la produced for application to
the land?
I 1 t*l no
If yea, the Mterlal la not a aolld waate.
If no, the activity reaulta In use constitu-
ting disposal and the Mterlal la a
solid waste. See applicable regula-
tions, below.
0. Is the Mterlal used aa a fuel or uaad to produba a fuel?
( ) yea I 1 no
If yas, go on to queatlon (Sa).
If no, go on to queatlon (9).
-------
•a. Is the Mterlal a commercial chaalcal product that
exhlbite a haiardoua waate characterietio or la Hated
In 40 CPU 2*1.33 and that la produced to b« burnad aa
fuel?
11 yes C 1 i»
It yes, tha Mtarial la not • aolld veete.
If no, tha activity results In burning (or
energy recovery, and tha Mtarial la a
aolld waata. Saa applicable regula-
tions, below.
la tha Mtarial uaad or rausad
( ) aa an ingredient in an Industrial procaaa to Mkh
a nau product without Intermediate reclamation
(regeneration or racovary of Mtarials),
( ) as an affactiva substltuta (or co—rclal products
in a particular (unction or application, or
| ) as a substltuta (or raw Mtarial (aadatock in tha
prlMry production procaas from which it was
generated, without baing (irat raclaiMd (a
closed-loop procaas)?
If any o( tha abova apply, tha activity is usa or
rauM, and tha Mtarial is not a solid waata.
It nona o( tha abova apply, go on to queatlon (10).
la tha Mtarial raganaratad or ara Mtariala with valua recovered
fro* tha original Mtarial?
( ) yas ( 1 no
It yas, tha activity is raolaMtion. So on to question
(10a).
I( no, pleaae ravlaw tha dafinitiona of activltias in
thla manual and raconaidar your anawars, or
call tha RCM Hot Una (or assistance.
10a. Xa tha Mtarial
( ) a haiardoua waata llatad under 40 era
261.11 or 2*1.33 (thla provialon
excludee coaaerclal chemical producta,
which ara laitad under 40 era 241.33),
( ) a apent Mtarial exhibiting one of the
characteristics of a haiardoua waata
given In 40 era 201.20-.24, or
( ) a acrap Mtal?
If any of the above apply, the Mterlal is a
aolld waata. Saa applicable regula-
tlona, below.
If none of the above apply, go on to queation
(10b).
10b. Is the Mterlal
( ) either a sludge or a by-product that
exhibits ens of the characterlatlea of a
haiardoua waste given In 40 CTR 2(1.20-
.24, and that is not listed under 40 era
2U.31-.22, or
( ) • ooaaerolal cheaical produat that exhi-
bits a haiardoua waste characteristic or
is listed under 40 era 201.33?
it any o( the above apply, the Mterlal is
not a solid waste.
It none o( the above apply, please review
the dednltions of activltias in this
Mnual and reconsider your answers, or
call the RCM Hotline (or aealstance.
Applicable Regulations!
1. Is the wasts exempt from regulation (see the list in Exhibit «)?
( 1 yea (X) no
It yas, tha Mtarial is not regulated. *
If no, the Mterlal is regulated, tee ltea (a), below.
2. The generator of the flue dusts is subject to regulrsaents under
40 era 202. Tranaportere of the flue dusts are subject to
requirements under 40 era 2*3. Generators recycling the flue
duets on-site, of(-site reeyclers and other parties handling tha
flue duats prior to recycling My be subject to atoraga facility
requireMnts under 40 era 204 and 2*9 Subparts K through L.
Generators who store the flue duats (or no sore than 00 daya In
tanks or oontainers prior to recycling are subject only to the
raqulreMnta (or accumulation under 40 era 242.34. The procaaa
uaad to reclaim the Mtala (roa tha (lue duata la not regulated.
Reeiduea (roa recycling the (lue duets' Bust be Mnaged ae
haiardoua waatea if they theaselvee exhibit any haiardoua waste
characteriatlca.
Plecuaelont
When reclaimed, a characteristic sludge ordinarily is not defined
as a aolld waate. However, the reclaMtlon stap is pa^t of a recycling
proceee that ende with the Mterlal being placed on the ground.
Becauee the ultiMte atap is use conatitutina dlapoaal, tha Mterlal
la a aolld waate and la aubjact to RCM Subtitle C regulation.
See Maot Uaa Conatltuting Dlapoaal - Sludge 3
Uae Conatltuting Dlapoaal - Bludqa 4
Uaa Conatltuting Dlapoaal - Sludge S
-------
USB CONSTITUTING DISPOSAL - SUIDCB 3
Daacrlptlon of Actlvltyt
rlua duata froa aatal refining oparatlona (• sludge exhibiting
tha charactarlatia of IP-toxicity) ara reelsiaed for their aetala
contant. Ttia Mtals. which alao exhibit EP-toxicity, ara used aa an
ingredient In fartlllaar. Tha fertiliser, which also exhibits «P-
toxlclty, la marketed to tha qanaral public.
What is tha status of tha recovered aetala?
Queatlonai
1. la tha aatarlal that is racyalad s sscondary astsrisl?
(X] yas [ 1 no
If yas, 90 on to qusstlon (a).
If no, tha aatarlal is not s solid wasta.
a. la tha aatarlal hatardous? (A aatarlal is hatardoue if it is
llatad undar 40 CPU atl.30-.33 or exhibits ona of tha
characteristics of s hatardous wssta given in 40 CfR asi.ao-.24,
and Is not spaoifloslly excluded froa tha daflnition of hstardoua
waata undar 40 CPU 341.4(b).)
C*1 yss I 1 no
If yas, 90 on to quastion (3).
If no, tha aatarlal is not s solid waata.
3. la tha aatarlal spacifioally axcludad froa tha daflnition of
aolid waata undar 40 CFR 361.4(a) (ssa tha list in Exhibit 3)7
( ) yss (X) no
If yas, tha aatarlal is not s solid waste.
If no, go on to quastion (4).
4. la tha aatarlal Inharantly waata-lika (saa tha list in Exhibit 4)?
C ) yss (X) no
If yas, tha aatarlal la s solid waata. Saa applicable
regulations, balow.
If no, 90 on to quaation (9).
9. Doaa tha activity aarva a beneficial uaaT
(X) yaa I 1 ««
If yaa, qo on to quaation (6).
If no, tha activity la not racycllnq, and tha aatarlal
la a aolid waata. Sea applicabla regulatlone,
balow.
Is thara a faaalbla aaans for recycling tha wasts?
CXJ yss j j no
If yas, qo on to quaation (Sal.
If no, 90 on to question ((b).
•s. Is at laaat 75 parcant of tha aatarlal recycled vltfcla
one calendar yaarT
(X) yas ( 1 no
If yas, 90 on to quaation (7).
If no, 90 on to quastion (
-------
la tha Mterlal • coMerclal chenlcel product that
exhibits a hasardoua waete characterletlc or la lleted
In 40 CPK and that la producad to ba burned aa
fuel?
| 1 yaa I 1 no
If yaa, tha Mterlal la not a aolld waata.
If no, tha activity raaulta In burning (or
energy racovary, and tha Mterlal la a
•olid waata. Saa appllcabla ragula-
tlona, below.
tha Mterlal uaad or rauaad
I ) aa an Ingredient In an lnduatrlal procaaa to Mka
a naw product without lnterMdlate raclanatlon
(regeneration or racovary of natarlala),
( ) aa an affactlva aubatltuta for co—arclal producta
In a particular function or application, or
( ) aa a aubatltuta for raw Mtarlal faadatoek In tha
prlnary production procaaa fro* which It waa
generated, without being flrat reolalned (a
eloaed-loop procaaa)?
If any of tha above apply, tha activity la uaa or
rauaa, and tha Mtarlal la not a aolld waata.
Xf nona of tha abova apply, 90 on to question (10).
tha Mtarlal regeMrated or ara Mtarlala with valua
covarad froa tha original Mtarlal?
I ) yaa I I no
If yaa, tha activity la raolaMtlon. 8a on ta quaatlon
(10a).
If no, plMaa ravlaw tha daflnltlona of aotlvltlaa In
thla Mnual and raconaldar your anawara, or
call tha RCM Hot Una for aaalatanca.
a. la tha Mtarlal
( ] a hazardoua waata liatad undar 40 CPR
2*1.11 or' 1(1.11 (thla provlalon
axcludaa coaMrclal chaalcal producta,
which ara laltad undar 40 CP* 261.3)),
( ) a apant Mtarlal exhibiting ona of tha
charactarlatlca of a hatardoua waata
.flvan In 40 CPR 2(1.20-.24, or
( ) a acrap MtalT
It any of tha abova apply, tha Mtarlal la a
aolld waata. Saa appllcabla regula-
tlona, balow.
If nona of tha abova apply, go on to quaatlon
(10b).
10b. la tha Mtarlal
( ) althar a aludge or a by-product that
axhlblta ona of tha charactarlatlca of a
hazardous waata given In 40 era 2*1.20-
.24, and that la not. liatad undar 40 cn
2*1.21-.12, or
( ) a co—arclal chaalcal product that axhl-
blta a hatardoua waata cheracterletlo or
la liatad undar 40 era 2*1.13?
Xf any of tha abova apply, tha Mtarlal la
not a aolld waata.
If nona of tha abova apply, please ravlaw
tha daflnltlona of actlvitlea In thla
Mnual and raconaldar your anawara, or
call tha RCM Hot Una for aaalatanca.
Appllcabla Regulations
1. la tha waata axaapt froa regulation (aaa tha Hat In Inhibit •)?
I Hm C*1 no
Xf yaa, tha Mtarlal la not regulated.
Xf no, tha Mtarlal la ragulatad. Saa ltaa (2), balow.
2. Tha ganarator of tha Mtala (tha peraon who reelalea tha flua
duat to racovar tha Mtala) la aubieot to raaulreMnta undar 40
CPU 2*2 • Tranaportara of tha Mtala ara aubfaot to requlreaenta
undar 40 CPR 2*3. faraona who Mnufactura fertiliser on-site,
off-alta fartllliar Mnufacturara and othar partlaa handling tha
Mtala prior to recycling My ba aubjact to atoraga facility
requlrenenta undar 40 era 2*4 and 2*5 Subparta A through L.
Generatora who store tha Mtala for no morm than *0 day* In tanks
or contalnara prior to recycling ara subject only to the
regulreMnta for accumulation under 40 era 2*2.34. The process
of Incorporating tha Mtala Into tha fertiliser la not lteelf
regulated. Any realduaa fro* recycling nuet be Mnaged aa
hasardoua waataa If they theeselves exhibit any hatardoua
waata charactarlatlca.
Dlacuaalont
Tha Mtala ara a product of tha raolaMtlon of a charactarlatlo
aludga. Such producta ara not aolld waataa theMelvea unlaaa thay
exhibit a hatardoua waata charactarlatlo and (a) ara placed on the
ground In a Mnnar conatltutlng dleposal or (b) ara burned aa a fuel.
In thla caaa, the recycling proceae ends with tha Mtarlal being
placed on the ground. Bscsum the ultlaate step la uaa conatltutlng
dlepoaal, and the Mtala exhibit a hatardoua waata charactarlatlo, tha
Mtala are a aolld waata and are aubjact to RCRA Subtitle C regula-
tion.
See ftlsoi Uee Conatltutlng Dlepoaal - sludge 2
Uaa Conatltutlng Dlepoaal - Sludge 4
Uaa Conatltutlng Dlepoaal - Sludge S
-------
USB CONSTITUTING DISPOSAL - BUI DOB 4
Paacrlctlon of j>otlvltv»
Piue duita fro* MU1 refining oparatlona (a aludga exhibiting
the charactariatlo of BP-toxlclty) ara reclalaed for thair aatala
contant. Tha aatala, which alao exhibit BP-toxlclty, ara uaad aa an
Ingredient In fertlllier. The fartllliar, which alao exhlblte BP-
toxlclty, la sarkatad to tha general public.
Nhat la tha atatua of tha fartllliar?
Quaatlonai
1. la tha Mtarlal that la racyclad a aaoondary material?
1*1 yaa { J no
If yaa, 90 on to quaatlon (2).
If no, tha Mtarlal la not a aolld waata.
a. la tha Mtarlal haiardoua? (t Mtarlal la haiardoua If It la
llatad undar 40 CPU 2tl.30-.33 or axhlblta ona of tha
characterlatlca of t haiardoua waata glvan In 40 CP* 2*1.20-.24,
and la not apaolfleally axeludad froa tha daflnltlon of haiardoua
waata undar 40 CPR 241.4(b).)
(I) yaa | | no
If yaa, 90 on to quaatlon (3).
If no, tha Mtarlal la not a aolld waata.
3. la tha Mtarlal apaolfleally axeludad froa tha daflnltlon of
aolld waata undar 40 cm 241.4(a) (aaa tha Hat In Exhibit 5)?
( 1 yea (X) no
If yaa, tha Mtarlal la not a aolld waata.
If no, 90 on to quaatlon (4).
4. la tha Mtarlal lnharantly waata-llka (aaa tha llat In Bxhlblt 4)7
( I y«« (X) no
If yaa, tha Mtarlal la a aolld waata. Saa applicable
ragulatlona, below.
If no, 90 on to quaatlon (S).
9. Doea the activity aerve a beneficial uae?
I*) yea 1 ) no
If yae, 90 on to queetlon (6).
If no, the activity la not recycling, and tha Mtarlal
la a aolld waata. See applicable regulrtlona,
below.
4. la there a feaalble Man* for recycling the waate?
CXI yea | 1 no .I-
If yea, 90 on to quaatlon (4a).
If no, 90 on to quaatlon (4b).
•a. la at ln«t 75 percent of the Mtarlal recycled within
one calendar year?
(XI yea J | no
If yaa, 90 on to quaatlon (7).
If no, 90 on to quaatlon (4b).
•b. la tha Mtarlal a ooMwrolal chealcal produat that
. axhlblta a haiardoua waate charactariatlo or la llatad
aa a haiardoua waate In 40 CPR 241.33?
( ] yea ( ) no
If yea, 90 on to quaatlon (1).
If no, tha practice la apeoulatlva acouaula-
tlon, and the Mterlal la a aolld
waate. See applicable regulatlona,
below.
7. Ia tha Mtarlal placed on the ground or uaad In a product that la
placed on the ground?
(XI yea (1m
If yea, 90 on to queatlon (7a).
If no, 90 on to queetlon (•).
7a. Ia tha Mtarlal a 00— rolal chealcal produat that
axhlblta a haiardoua waata charactariatlo or la llatad
In 40 CPU 241.33 that la produced for epplloatlon to
tha land?
I ) yaa m no
If yaa, tha Mtarlal la not a aolld waata.
If no, the activity raaulta In uaa conatltu-
tlna dlapoaal and the Mtarlal . la a
aolld waate. Sae applicable ragula-
tlona, below.
5. la tha Mtarlal uaad aa a fuel or uaad to produce a fuel?
( ) yea ( ) no
If yaa, 90 on to queatlon (Sa).
If no, 90 on to quaatlon (9).
-------
•a. is the material • oommratal chaalcal product that
exhibits a haaardoua vasts characteristic or la listed
In 40 CPS lll.l) and that Is producad to b* burnsd as
(ual?
I | yss ( 1 no
If yas, tha material Is not a solid wasta.
If no, tha activity results In burning for
energy recovery, and the aaterlal Is e
solid waste. tea applicable regula-
tions, below.
Is the aaterlal used or reused
( ) ss an Ingredient In sn industrial process to sake
a new product without Intermediate reclamation
(regeneration or recovery of saterlals),
( ) as an effective substitute for commercial products
in a particular function or application, or
() as a substitute f6r raw material feedstock la the
primary production process fro* 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 wasta.
If none of the above apply, go on to question (10).
is the aaterlal regenerated or are -Materials with value
recovered fro* the original material?
( ) yes ( 1 no
If yss, the activity is reclamation. Do on to question
(10a).
If mo, please review the definitions of activities in
thia manual and reconsider your answers, or
call the RCM Hotline for assistance.
10a. Is the material
| ) a haaerdous wasta listed under 40 CPU
2*1.31 or lil.ll (this provision
excludes commercial chemical * products,
which are Hated under 40 CPU 2*1.31),
( ) a apant material exhibiting one of the
characterietice of a hazardous waata
given in 40 CPU 2*1.20-.24, or
( ) a ecrap matal?
If any of the above epply, the material la a
aolid waata. See applicable regula-
tions, balow.
If none of the above apply, go on to question
(10b).
10b. Is the meterial
( ) either a sludge or a by-product that
exhibits one of the characterletlas of a
haiardous waste given in 40 CPU 2*1.20-
.24, and that is not listed under 40 CP*
2*1.11-.32, or
( ) s commercial chemical product that exhi-
bits a haiardous waata characteristic or
is listed under 40 CP* 2*1.32?
If any of the above apply, the material is
not a solid waata.
If none of the above apply, please review
the definitions of activities in this
manual and reconeider your answers, or
call tha Rem Hotline for aaeiatance.
Applicable Regulations!
1. Is the wast* exempt from regulation (see the list in Kxhlblt *)?
(X) yas | | no
If yes, the material is not regulated.
If no, the material is regulated, fee item (2), below.
Discussion!
The fertiliser is a waste-derived product that exhibits haaardoua
waete characteristics. Beoause it in haaardoua and is placed on the
land, uae of the fertiliser is use eonetituting disposal. Therefore,
the fertiliser is a solid waata. However, because tha fertiliser la
sold for use by the general public, it Is currently exempt from RCM
Subtitle C regulation (aee 40 CPR Pert 2«*.20(b)).
See Maoi Use Conetituting Oisposel - Sludge 2
Uae Conetituting Dlapossl - Sludge 3
Uae Conatituting Diapoaal - Sludge •
-------
USB CONSTITUTING DISPOSAL - SLUDGE 9
Pssorlptlon of ActivityI
Plus dusts froa Mtsl refining operations (s eludge exhibiting
tha charsctarlstlo of EP-toxlcity) ara reelsised for thslr Mtsls
contsnt. Tha Mtals, which slso sxhibit EP-toxlcity, ara ussd by tha
rsfinsr ss sn ingredient in fertillssr. Tha fertilizer, which slso
exhibits EP-toxlcity, Is not Mrkstsd to tha general publia, but is
ussd by tha rsflnar ss s fartllltar on land tha rsflnar owns.
What is tha ststus of tha fsrtillisr?
Ousstlonsi
I. Is tha Mtsrisl that is recycled s ssoondscy Mtsrisl?
(X| yss J J no
If yss, go on to qusstion (a).
If no, tha Mtsrisl is not s solid wssts.
a. Is tha Mtsrisl hazardous? (A Mtsrisl is hsssrdous if it is
llstsd undar 40 cm a*1.30-.33 or sxhlblts ona of ths
charactsristios of s hsssrdous wssts jivsn in 40 CPU atl.20-.a4,
snd Is not spsoificslly axcludad fro* tha dsfinition of hsssrdous
wasts undar 40 CPU 361.4(b).)
(>l yss | 1 no
If yss, 90 on to qusstion |3).
If no, ths Mtsrisl is not s solid wssts.
3. Is tha Mtsrisl spsoificslly excluded fro* ths dsfinition of
solid wssts undar 40 CPU 3tl.4(s) (sss ths list in Inhibit S)T
I 1 yss [XI no
If yss, ths Mtsrisl is not s solid wssts.
If no, 90 on to qusstion (4).
4. Is ths Mtsrisl inhsrsntly waste-like (sss ths list In Exhibit 4)?
C 1 yss (X) no
If yss, ths Mtsrisl is s solid wssts. Saa sppliosbls
rsgu1stIons, bslow.
If no, 90 on to qusstion (5).
3. Doss ths sotivity ssrvs a bsnsflolsl uss?
(XJ yss J 1 no
If yss, 90 on to quastlon (6).
If no, ths activity is not recycling, and ths Mtsrisl
Is a solid waste. Ssa sppllcsbls rsqulations,
bslow.
6. Is thsrs s f sss ibis Mana for recycling ths wests?
(X) yss ( 1 m ¦
If yss, 90 on to qusstion (it).
If no, 90 on to qusstion (*b).
•e. is st lssst 11 percent of ths Mtsrisl recycled wlthi..
one calendsr yesr?
1*1 yss f ) no
If yss, go on to qusstion (7).
If no, 90 on to qusstion (tb).
•b. Is ths Mtsrisl s ocwssrcisl chaaloal product that
sxhlblts s hsssrdous wssts chsrsctsristio or is listsd
ss s hsssrdous wssts in 40 CFR 341.33?
( I yss ( J no
If yss, 90 on to qusstion (7).
If no, ths practice is speculative socuauls-
tion, snd ths Mtsrisl is s solid
wssts. Sss sppliosbls regulations,
bslow.
7. is ths Mtsrisl pi scad on ths ground or ussd in a product that is
plsoed on ths ground?
1*1 yss f J no
If yss; 90 on to qusstion (7s).
If no, go on to qusstion (•).
7s. Is ths Mtsrisl s coMsroisl classical product that
sxhlblts s hsssrdous wssts chsrsatsristia or is listsd
in 40 CPU 341.33 thst is producsd tor spplication to
ths land?
I I>h (XI no
If yss, tha Mtsrisl is not s solid wssts.
If no, ths sotivity rssults in uss constitu-
ting dlspossl snd the Mterlsl is s
solid wssts. Sss sppliosbls rsguls-
tions, bslow.
I. Is the Mtsrisl ussd ss s fuel or ussd to produce s fuel?
( 1 yss ( j no
If yss, go on to qusstion (*s).
If no, go on to qusstion (•).
-------
•a. is the aatarial a cwiroltl chaaicel product that
axhibita a haiardoua waata oharaotarlatlo or la 11atad
in 40 cm 2*1. U and that la produced to ba burned aa
fuel?
I J yea | J no
If yaa, tha aatarial la not a aolld waata.
If no, tha activity raaults in burning (or
energy racovary, and tha aatarial is a
aolid waata. See applicable regula-
tlona, balow.
». Is tha aatarial uaad or reuaad
t J as an ingredient in an lnduatrial procaas to aafc4
a naw product without intarsadlata reolsaatlon
(regeneration or racovary of aatarlale),
(I as aa of factiva substitute for co—arolal products
in ( particular function or application, or
( |. as a substituta for raw aatarial faadatock in tha
priaary production procaas froa which it waa
generated, without being first raolsiaad (a
cloaed-loop procaas)T
If any of tha abova apply, tha activity is usa or
rauaa, and tha aatarial is not a aolid waata.
If nona of tha abova apply, go on to quaation (10).
10. la tha aatarial raganaratad or ara aatariala with value
recovered froa the original aatarial?
M r«" C 1 no
If yas, the activity is raclaaation. So oa to question
(ion).
If no, plaaaa review tha definitions of activities in
this manual and reconsider your answers, or
call the 1CM Hotline for a sal stance.
loa. Is tha aatarial
( ) a haiardoua waata liatad under 40 CP*
241.11 or 341.33 (thie provision
excludea coaaeroial cheaical products,
which srs listed under 40 CPU 241.))),
( ] a apent aatarial exhibiting one of tha
characteriatlcs of s haiardoua waata
given in 40 CP* 241.20-.24, or
( | a acrap aatalT
If any of tha abova apply, the aatarial is s
solid waste. See applicable regula-
tions, below.
If none of the abova apply, go on to queation
(10b).
lob. Is tha aatarial
( ) either s aludge or a by-product that
axhibita one of tha characteriatlea of a
haiardoua waata given in 40 era 241.20-
.24, and that in not listed under 40 CPS
241.31-.32, or
( ) a co—arolal cheaical product that exhi-
bits s haiardoua waata oharaoteriatlo or
la liatad under 40 CP* 241.33?
If any of tha abova apply, tha aatarial is
not a solid waata.
If nona of tha abova apply, plaasa review tha
dafinltiona of activities in this aanual
and raconaider your answsrs, or call tha
KM Hotline for assistsnca.
Applicable ^ovulational
1. Is tha wast* exsapt froa regulation (see tha list in Exhibit 4)T
I 1 yaa (X] no
If yes, tha aatarial la not regulated.
If no, tha aatarial Is regulated, lea ltaa (2), below.
2. ika oenerator of tha fertiliser (i.e., tha refiner) is subject to
requlreaent* under 40 era 242. Transporters of tha fertiliser
era aubject to requireaenta under 40 era 243. The fertiliser
aanufacturer who uses the fertiliser on-site or off-site, and
other parties handling tha fertiliser prior to application to the
lend aay be aubjeot to atoraga faoility requireaents under 40 CP*
244 and 249 Subparts a through L. Tha generator who storss the
fertiliser for no aors than to days in tanka or containere prior
to recyoling ara aubject only to the requireaenta for
aocuaulation under 40 CPU 242.34. Parsons who apply tha
fertiliser ara subject to all applicable regulatlona governing
uaa conetitutlng diepoaal under 40 CPU 244 and 24S Subparta A
through N. Regulatlona applicable to recyclable aaterlela used
in s asnnsr constituting disposal are ausaarltad undsr 40 era 244
Subpart c.
Discussion!
The fertiliser is a waata-darived product that axhibita a
haiardoua wssta characteriatic. Because it is hsiardous snd placed on
the land, uaa of tha fertiliser is uaa conetitutlng diepoaal.
Therefore, the fertiliser is a aolid waata. Becauae it ie not aold
tor uaa by tha generel public, it ia aubject to RCM Subtitle C
regulation.
See Xiaoi Use Constituting Disposal - Sludge 2
Uaa Conatituting Diepoaal - Sludge 3
Uss Constituting Disposal - Sludge 4
-------
U8K CONSTITUTING DISPOSAL - SUUDGB 4
Peacrlption of totUttvi
A sludge containing heavy Mtili such aa sine, cadaiua, copper,
nlckal, and laad from a nuniolpal wastewater treatment plant (a sludge
exhibiting tha characterlatio of BP-toxicity) la aold to tha public to
ba applied to cropland aa a fertiliser.
What la the status of the sludge?
Questional
1. Is the Mtarial that Is recycled a secondary Mtarial?
1*1 yaa I I no
If yaa, go on to quaation (a).
If no, the Mterlal is not a solid waste.
2. Is tha Mterlal haaardous? (A Mterlal is hasardous if it la
llated under 40 CPH 2*1.10-.)) or exhibits one of the
characteristics of s haaardous waata given in 40 CfR
2?
I 1 yas 1*1 «o
If yes, ths Mterlal is not a solid waate.
If no, go on to quaation (4).
4. la tha Mterlal inherently wasts-like (see the list In
Bxhlblt 4)?
I 1 yas I*) no
If yes, ths Mtsrial is a solid waste. See applicable
regulations, below.
If no, go on to question (5).
5. Does the activity serve a beneficial use?
1*1 yas C J no
If yaa, go on to quaation (•).
If no, tha activity la not recycling, and the Mterial
la a aolid waata. See applicable regulationa.
balow.
4. Ia thsre a feasible Mans for recycling the waate?
(XI yes ( ) no
If yes, go on to question ((a).
If no, go on to question (ib).
•a. la at least 79 percent of the Mtarial recycled within
one calendar year?
(XI yas t 1 no
If yes, go on to question (7).
If no, go on to question (lb).
*h. Is the Mterlal a ooanirclal cheaical product that
exhibits a haiardous waata characteriatla or is listsd
as a hatardoua waate in 40 CP* 2(1.])?
( ) yas ( ) no
If yee, go on to question (?).
If no, the practice is speculative aocuaula-
tion, and tha Mterlal ia a solid
waata. tea applicable regulations,
below.
7. is the Mtarial placed on tin ground or used in a prodi'ot
that is placed on the ground?
(XI yaa ( I no
If yes, go on to question (?a).
If no, go on to question (•).
7a. Is the Mterlal a coamrcial cheaical product that
exhibits a hasardous waste charaoteristla or is listed
in 40 CPS 241.)) that is produced for application to
the land?
( ) yes (X) no
If yes, the Mtsrial is not a solid waata.
If no, the activity raaulta in uae
conatltuting dlepoaal and the Mterlal
ie a aolid waate. See applicable
regulations, below.
• . Is the Mterlal used aa a fuel or ussd to produce a fuel?
I ) yes i l no
If yes, go on to queetion (Sa).
If no, go on to question (»).
-------
H. la tha Ht«rlil ¦ ommioUI chaalcal product that
axhlblta a haiardoua vaata charactarlatlc or la llatad
in 40 cnt 2*1.13 and that la producad to ba bumad aa
fualT
I 1 yaa [ ) no
If yaa, tha aatarlal la not a aolld waata.
If no, tha aotlvlty raaulta In burning for
anargy racovary, and tha aatarlal la a
aolld waata. Baa appllcabla
ragulatlona, balow.
la tha aatarlal uaad or rauaad
[ J aa an lngradlant In an lnduatrlal prooaaa to Mka
a naw produot without lntaraadlata raclaaatlon
(raganaratlon or raoovary of aatariala),
( ) aa aa affaotlva aubatltuta for coaaarolal produota
In a particular function or application, or
|| aa a aubatltuta for raw aatarlal faadatock In tha
primary production procaaa froa which It waa
ganaratad, without balng flrat raolalaad (a
cloaad-loop procaaa)?
If any of tha abova apply, tha activity la uaa or
rauaa, and tha aatarlal la not a aolld waata.
If nona of tha abova apply, go on to quaatlon (10).
la tha aatarlal raaanaratad or in aatarlala with valua
racovarad froa tha original aatarlal?
I I I I ao
If yaa, tha aotlvlty la raolaaatlon. Go on to quaatlon
(10a|.
If no, plaaaa ravlaw tha daflnltlona of actlvltlaa In
thla aanual and raconaldar your anawara, or
oall tha *CM Notllna for aaalatanoa.
10a. la tha aatarlal
( | a hatardoua waata llatad undar 40 CP*
241.11 or 3*1.23 (thla provlalon
axcludaa coaaarclal chaalcal product a,
which ara llatad undar 40 cnt 261.22),
( ) a apant aatarlal axhlbltlng ona of tha
charactarlatlca of a hatardoua waata
givan In 40 CPU 3C1.30-.34, or
( ) a acrap natal?
If any of tha abova apply, tha aatarlal la
a aolld waata. 8aa appllcabla
ragulatlona, balow.
If nona of tha abova apply, go on to quaatlon
(10b).
10b. la tha aatarlal
( ) althar a aludga or a by-produet that
axhlblta oaa of tha charactarlatlca of a
haiardoua waata glvan la 40 CP* 361.30-
.24, and that la not llatad undar 40 CPR
2C1.11-.23, or
( ) a coaaarolal chaalcal product that
axhlblta a hatardoua waata
charactarlatla or la llatad undar 40 era
3Cl.ll?
If any of th« abova apply, tha aatarlal la
not a aolld waata.
If nona of tha abova apply, plaaaa ravlaw
tha daflnltlona of actlvltlaa In thla
aanual and raoonaldar your anawara, or
call tha RCM Notllna for aaalatanca.
Appllcabla Mqulatlona
1. la tha waata axaapt froa regulation (aaa tha llat la
Inhibit «)?
(XI y*« [ 1 ao
If yaa, tha aatarlal la not ragul«tad.
If no, tha aatarlal la ragulatad. aaa ltaa (3), balow.
Plaouaaloni
¦acauaa tha aludga la appliad to tha ground, thla activity la
olaaalflad aa uaa oonatltutlng dlapoaal. Ttiarafora, tha aludga la
daflnad aa a aolld and hatardoua waata. Mowavar, tha aludga la not
aubjact to RCM tubtltla C ragulatlon, alnoa m haa axaaptad froa
ragulatlon aatarlala aold aa ooaaareial fartllliara to tha ganaral
public (aaa 40 CP* Part 360.30(b)).
-------
USB CONSTITUTING DISPOSAL - BY-PRODUCT 1
micrlptlon of Activity I
¦mm droaa akiaalnga (a by-product axhlbltlng tha charaotarlatlo
of IP-toxlcity) go through • procaaaor which aaparataa tha Mtala froa
tha oxldaa. Tha oxldaa (which axhlblt BP-toxlcity) ara than aold to a
fartiliiar company that uaaa thaa aa an ingradlant In fartlllsar. tha
fartiliiar, which aleo akhibita BP-toxicity, is aold to tha ganaral
public. Tha Mtala ara aold to a sacondary aaaltar tor racovary of
coppar and lino.
Miat is tha status of tha dross aklaainga?
Quaatlonsi
1. Is tha aatarial that is racyolad a sacondary aatarial?
(X] yas I ) no
If yaa, go on to quaation (3).
If no, tha Mtsrial is not a solid waata.
a. la tha aatarial hatardoua? (A aatarial is haiardoua if it ia
llatad undar 40 CPU 2C1.30-.1J or axhlblta ona of tha
charactariatica of a haiardous waata givan in 40 CPR 2*1.20-.24,
and ia not spaoifioally axoludad from tha dafinition of hatardoua
waata undar 40 CPR 261.4(b).)
1*1 C 1 ««o
If yaa, go on to quastion (3).
If no, tha aatarial is not a solid waata.
3. Ia tha aatarial spaoifioally axoludad froa tha dafinition of
aolid waata undar 40 CP* 241.4(a) (saa tha list in Exhibit »)? <
I 1 yas [X] no
If yas, tha aatarial is not a solid wasta.
If no, go on to guaation (4).
4. Ia tha aatarial inharantly waata-lika (saa tha list ia Kxhibit 4)?
i i m no
If yas, tha aatarial is a solid wasta. Saa applieabla
ragulationa, balow.
If no, go on to quaation (S).
5. Doaa tha activity aarva a banaflcial uaaT
1*1 C ) no
It yaa, go on to quaation (6).
If no, tha activity la not raoyoling, and tha aatarial
ia a aolid wasta. Saa applieabla ragulationa,
balow.
C. Is thara a faaaibla aaana for raoyoling tha waata?
(X) yas | | no
If yaa, go on to quastion (Ca).
If no, go on to quastion (Cb).
•a. Ia at laaat 75 parcant of tha aatarial racyolad within
ona calandar yaar?
(X) yaa I 1 no
Zf yas, go on to quastio* (71.
If no, go on to quastion (ft).
•b. Is tha aatarial i ooaaarcial ohaaioal product that
axhibits a haiardous waata charaotar1stio or is listad
as a haiardous waata in 40 CPU 241.337
| J yas I 1 no
If yas, go oa to quaation (7).
If no, tha praotiea is spaeulatlva aoouaula-
tlon, and tha aatarial is a aolid
waata. Saa applieabla ragulationa,
balow.
7. is tha aatarial placad oa tha ground or uaad in a produot that is
plaoad on tha ground?
(XI yas ( | no
If yaa, go oa to quaation (7a).
If no, go oa to quastion (•).
7a. Is tha aatarial a ooaaarcial ohaaioal produot that
axhibits a haiardous waata charaotaristio or is listad
in 40 CPU 2*1.33 that is produoad for application to
tha land?
I 1 TM (X) no
If yas, tha aatarial is not a solid waata.
If no, tha activity rasults in usa conatitu-
tlna dlapoaal and. tha aatarial ia a
solid waata. Saa applieabla ragula-
tiona, balow.
S. Is tha aatarial uaad as a fual or usad to produca a fual?
( ] yas ( ) no
If yaa, go on to quaation (Sa).
If no, go on to quaation (•).
-------
•a. la tha Mtarlal a no—arclal chaelcal product that
exhlblte a hasardoua waata charactariatla or Is listed
in 40 era 261.33 and that ia produced to bo burnod aa
fuat?
( I yoa ( ) no
If yoa, tha Mterial la not a aolld waata.
If no, tha activity raaulta in burning for
anargy racovary, and tha Mtarlal la a
aolld waata. Bee applicable regula-
tions, balow.
Ia tha Mtarlal uaad or reuaad
I ) aa an Ingredient In an lnduatrlal proceaa to hX*
a new product without intermediate reclaMtlon
(regeneration or racovary of Mterlala),
|| aa an affaotlva aubatltute for cobmrclal producta
In a particular function or application, or
II aa a aubatituta for raw Mtarlal feedstock in tha
prlMry production proceaa froa which it waa
generated, without being firat roelalMd (a
cloaed-loop proceaa)?
If any of tha above apply, tha activity ia nae or
rauae, and tha Mtarlal la not a aolld waata.
If none of tha above apply, go on to quaation (10).
Ia tha Mtarlal regenerated or are Mtariala with value
recovered froa tha original Mtarlal?
I I y*« I 1 no
If yea, tha aotivity la reolaMtion. Oo on to quaation
(10a).
If no, plaaaa review tha daflnltiona of activities in
thla Mnual and raconaidar your anawera, or
call tha MU Hotline for aasistance.
10a. Ia the Mtarlal
I ) a hasardoua waata llatad under 40 era
.141.11 or 241.32 (thla proviaion
excludes coanarolal chemical producta,
which ara llatad under 40 CPU 241.33),
( 1 a apent Mtarlal exhibiting one of tha
characterlatlca of a hazardoua waata
given in 40 CPR 261.20-.24, or
( ) a acrap aetal?
If any of tha above apply, tha Mtarlal la a
aolld waata. Sea applicable regula-
tions, below.
If none of the above apply, go on to queatlon
(10b).
10b. ia tha Mtarlal
( ) either a sludge or a by-product that
exhibits om of tha characterlatlca of a
hatardoue waate given in 40 en 241.20-
.24, and that ia not llatad under 40 crft
261.31-.32, or
| ) a oouaroial chaalcal product that axhl-
blta a hasardoua waata charactariatio or
ia llatad under 40 cr* 241.33?
If any of tha above apply, tha Mtarlal la
not a aolld waata.
If none of tha above apply, plaaaa review tha
definitions of aetivitiaa in thla Mnual
and raconaidar your anawera, or call tha
MU Hotline for aaalatance.
Applicable ^ovulational
1. Ia tha waata oxaapt froa regulation (aaa tha list in Exhibit 4)T
I ) y«« 1*1 m
If yaa, tha Mtarlal ia not regulated.
If no, tha Mtarlal ia regulated, tee ltaa (2), balow.
2. The generator of tha droea eklaalngs la subject to requirements
under 40 era 262. Tranaportara of tha droea akiasinga are aub-
. jact to requlreaente under 40 CPU 263. Generator* recycling the
droaa akinainga on-aite, off-aita raoyclera and other perties
handling tha droaa akiaalnga prior to recycling My be aubject to
atorage facility raquireaenta under 40 CPS 264 and 26S Subparts ft
through L. Generator* who atore tha droaa akieainga for no nora
than 00 days In tanks or containers prior to recycling are
aubject only to tha requirements for accunulation under 40 cnt
262.34. Realduea froa recycling the droaa aklsainga must be
Mnsgad aa hasardoua wastes if they theaaelvea exhibit any
hasardoua characteriatioa.
Placuaaloni
Separation of tha braas droaa akiaaings into oxides and Mtala la
a reclaMtlon prooeaa. whan realaiMd, a charactariatla by-product
ordlMrily la not defined aa a aolld waata. However,. the reclaMtlon
atap ia part of a recycling proceee that enda with the oxidea being
placed on tha ground. leoauaa the ultiMte use of the oxidea will
involve uaa conetituting dlepoeal, tha braaa droaa akiaainga ara aolld
waataa and are aubject to RCRA Subtitle C regulation.
See Alaoi ReclaMtlon - By-Product 1
Uaa Conatltuting Dlepoeal - By-Product 2
Uaa Conatltuting Dlapoaal - By-Product 3
-------
USE CONSTITUTING DISPOSAL - tV-PRODUCT 3
pescriptlog of fretjvlty»
Iran droaa sklaalngs (« by-product exhibiting the charaoteriatio
of SP-toxicity) 90 through a procaeaor *hlch eeperates the Mtali fro*
tha oxidea. Tit* oxidea (which exhibit IP-toxicity) are than eold to a
fertiliser coapany that uaaa then aa an ingredient In fertiliser. The
fertiliser, which alao axhlblta IP-toxiclty, la aold to tha general
public. The netale ara aold to a secondary aaaltar (or racovary ol
coppar and sine.
What la tha atatua of tha fertiliser?
Questional
1. la the Material that ia raoyoled a secondary Material?
1X1 yea { ) no
If yas, go on to question (3).
If no, the material ia not a solid waste.
2. la the Material haiardoua? (A aatarlal ia hasardoua if it ia
Hated under 40 CPS 3S1.30-.13 or exhibits one of the
characterletics of a haiardoua waste given in 40 CPU 3Si.20-.34,
and ia not apaoiflcally excluded froa tha definition of hasardoua
waate under 40 CPU 341.4(b).)
1*1 *•* I 1 no
If yea, 90 on to question (3).
If no, the Material ia not a aolid waate.
3. la tha Material specifically excluded tram the definition of
solid waata under 40 CPU 2S1.4(a) (aee the list in Bxhibit 5)T
( I y*s I*] no
If yes, the Material is not s solid waata.
If no, 90 on to queation (4).
4. Ie the Material inherently waste-like (aae the liat in Exhibit 4)?
I J yae |i) no
If yea, tha Material la a aolid waate. See applicable
regulationa, below.
If no, go on to queation (S).
5. Does the activity aerve a beneficial use?
J*1 yea I 1 no
If yes, go on to queation (6).
If no, tha activity ia not recycling, and tha Material
ia a aolid waste. Sea applicable regulationa,
balow.
C. Is there a feasible Means for recycling the waste?
1*1 y*s ( 1 no
If yes, go an to queation («a).
If no, go on to question (4b).
•a. Is st leest 7S percent of the Material reoyolad within
one calendar year?
1*1 yae ( | no
If yas, go on to question (71.
If no, go on to queation (4b).
4b., Is the Material a coeaarcial ohanioal product that
exhibits s hasardoua waata charaoteriatio or ia liatad
as s hasardoua waate in 40 CPU 341.13?
( 1 yes | 1 no
If yes, go on to question (?).
If no, the practice is speculative aoouaula-
tloa, and the Material is s solid
waste. See applicsbla regulations,
balow.
?. Is the Mstsrial plaoed on the ground or uaad in a product that i
placed on the ground?
|X] yss f J no
If yes, go on to question (7a).
If no, go on to queation (S).
7a. Ia the Material a 00—arclal cheMical product that
exhibits a hasardoua waate charaoteriatio or ia liatad
in 40 en 2S1.11 that is produced tor application to
the land?
( I *ss (*1 no
It yes, tha Material is not a solid wssts.
If no, the activity raaults in use constitu-
ting disposal and the Material ia a .
aolid waata. See applicable regula-
tiona, balow.
S. la tha Materiel uaad aa a fuel or uaad to produce' a fuel?
J | yes | l no
If yes, go on to question (Sa).
If no, go on to queation (I).
-------
¦a. la tli* Mtsrial a co—rclal chaaical product that
exhibits a hssardoua wast* charaotarlatio or Is listsd
In 40 CP* act.33 and that Is producsd to be burned aa
fuai?
I 1 yes I 1 «•
If yaa, tha Mtsrisl la not • aolld mitt.
It no, tha activity raaulta In burning for
snsrgy racovary, and tha Mtarial la a
aolld waate. 8aa applicable regula-
tlona, below.
la tha Mtarial used or rauaad
I 1 as an ingredient in an industrial prooeae to Mke
• naw product without lntaraadlato raolaaatioa
(regeneration or recovery of satariala),
II as sn sffsotivs aubatituta for oosamrclal products
in a particular function or application, or
I ) as a substitute for raw Mtarial faodstook in tha
prlMry production procass (roa which it was
ganaratad, without balng first raclalMd (a
clossd-loop process)?
If any of tha abova apply, tha activity is um or
rausa, and ths Mtarial is not a solid waata.
If nona of tha abova apply, go on to quastion (10).
Is tha Mtarial rsganerstsd or ars Mtarlals with value
racovarad fro* ths original MtarlalT
I 1 yas j | no
If yas, ths activity is rselaMtion. So on to quastion
(10a).
If no, plaaaa ravlaw tha dsfinitloM of activities in
this Mitual and r aeons Ida r your answsrs, or
call tha RCM Hot Una for ssslstsncs.
10a. la ths Mtsrial
[ ) a haiardous wasts listsd undsr 40 cm
SCI.3i or Ml.33 (this provision
sxcludss cooaMrclal chaaical producta,
which ara llatad undar 40 cnt 201.33),
lis apant Mtarial exhibiting ona of ths
characteristics of a hasardous waata
given in 40 CPU 201.20-.24, or
( ) a acrap Mtal?
If any of tha above apply, the Mterlal is
a aolld waata. Sae applicable regula-
tion, balow.
If none of the above apply, go on to quaatlon
(10b).
10b. is tha Mtarial
[ ) either a sludge or s by-product that
exhibits om of the charaateristios of s
hasardous waata given in 40 CPR 201.20-
.24, and that is not listsd undar 40 CPU
201.31-.32, or
| | a commrclal chaaical product that
exhibits a hasardous waste characteris-
tic or is listsd undsr 40 cnt 201.S3?
If say of ths abova apply, ths Mtsrial is
not s solid wasts.
If none of the sbovs apply, plaaaa review
ths definitions of activities in this
Mnual and rseonsidsr your answsrs, or
csll ths RCM Hotline for ssslatancs.
Applicable Keoulstlopsi
1. Is ths waste except froa regulation (see ths list in Inhibit l)f
IX) yss I)m
If yea, ths Mtsrial is Mt regulatsd.
If no, ths Mtsrial is regulatsd. tse ltaa (2), below.
Discussion!
The fertiliser is a wssts-dsrlved product thst sxhibits a
hasardous wasts ohsrsotsristic. Rscauss it is hasardous snd is placed
on the land, um of the fertiliser is defined ss uss constituting
diapoMl. Thsrsfors, the fertiliser is a solid waate. However,
becauae ths fertiliser is sold for uss by ths gsMrsl public, it la
sxaspt fro* RCM Subtitle C regulation (sea 40 cn Part 200.20(b)).
»ee Msoi RsolsMtlon - By-Product 1
Um Constituting Disposal - By-Product 1
Uss Constituting Dispossl - By-Product 3
-------
081 CONSTITUTING DISPOSAL - BT-HtOOUCT 3
Da scription at Activity!
Brass dross sklnaings (• by-product axtilbltlng the eharaetarlatie
of BP-toxioity) 90 through a processor which aaparataa tha Mtala froa
tha oxidaa. Tha oxidaa (which axhiblt KP-toxicity) ara than Bold to a
fertiliser coapany that uaaa thaa aa an lngradlant in fartllliar. Tha
fartllliar, which alao axhlblta IP-toxlcity, la aold to tha ganaral
public. ilia natala ara aold to a aacondary analtar for racovary of
coppar and line.
What la tha atatua of tha oxidaa?
Questions!
1. la tha Mterlal that la racyolad a aacondary eaterlal?
[*] ¥•• I 1 w»
If yee, 90 on to question (i).
If no, tha Mtarlal la not a solid waata.
2. la tha Mtarlal haiardoua? (A Mtarlal la haiardoua If it la
llatad undar 40 cnt 2C1.30-.33 or axhlblta ona of tha
ctiaracterietlea of a haiardoua waata 9Ivan in 40 ere 3*1.30-.24,
and la not apaaifically axcludad froa tha daflnition of haiardoua
waata undar 40 CPU 241.4(b).)
(X) yaa ( ) no
U)
If yaa, 90 on to quaatlon (3).
If no, tha Mtarlal la not a solid waata.
3. Is tha Mtarlal a pacifically axcludad fro* tha daflnition of
aolid waata undar 40 CPU 241.4(a) (aaa tha llat in Bxhlbit 9)T
[ ) yaa (XI no
If yaa, tha Mtarlal is not a solid waata.
If no, 90 on to quaatlon (4).
4. la tha Mtarlal inharantly waata-lika (aaa tha llat in Bxhlbit 4)?
C ] yaa (X) no
If yaa, tha Mtarlal la a aolid waata. Saa appllcabla
raqulationa, balow.
If no, 90 on to quaatlon (S).
9. Ooaa tha activity aarva a banaflcial uaa?
C*l yaa ( ] no
If yaa, 90 on to quaatlon (6).
If no, tha activity la not recycling, and tha Mtarlal
la a aolid waata. Saa appllcabla raqulationa,
balow.
«. la thara a faaaibla aaana for racyeling tha waataT
(XI yaa ( ) no
If yaa, 90 on to quaatlon (4a).
If no, 90 on to queetlo^(Cb).
4a. la at luat 79 parcant of tha Mtarlal recycled within
ona oalandar year?
(XJ yaa ( ] no
If yaa, 90 on to ^taation (7).
If no, 90 on to quaatlon (lb).
•b. la tha Mtarlal a coaaerolal cfaeaical product that
- axhlblta a haiardoua waata characterletie or la llatad
aa a haiardoua waata in 40 CPU 241.337
( 1 yaa f J no
If yaa, 90 on to quaatlon (7).
If no, tha praotioa la apaculatlva ecoueula-
tlon, and tha Mtarlal ia a aolid
waata. Baa appllcabla raqulationa,
balow.
7. Ia tha Mtarlal placad on tha ground or wad in a product that ii
plaead on tha ground?
(XI ( ) no
If yaa, 90 on to quaatlon (7a).
If no, qo on to vieatlon (•).
7a. Ia tha Mtarlal a ooaaarcial ohaaioal praduot that
axhlblta a haiardoua waata eharaetarlatie or ia llatad
In 40 cm 341.33 that ia produoad for application to
tha land?
I ) y«a (X) no
If yaa, tha Mtarlal ia not a aolid waata.
If no, tha activity raaulte in uaa conetltu-
tina disposal and tha Mtarlal ia a
aolid waata. Baa appllcabla raqula-
tiona, balow.
4
• . Ia tha Mtarlal uaad aa a fuel or uaad to produc* a fual?
I 1 I i •»
If yaa, go on to quaatlon (la).
If no, qo on to quaatlon (9).
-------
•ft. la tha Mtarial • coaaarclal cheaical produot tb»t
exhlblte a haiardoua waata characteristic or ia ilatad
in 40 CPS 261.33 and that la produced to be burnad aa
fuel?
( 1 yaa | | no
If yaa, tha satarlal la not a aolld waate.
If no, tha activity raaulta in burning for
energy racovary, and tha Mterial la a
aolld waate. Soa applieabla regula-
tiona, below.
la tha aatarial used or rauaad
( 1 aa an ingredient in an industrial procaaa to Mke'
a nan product without intermediate reclamation
(regeneration or racovary of materials),
|| aa an affactlva substitute for eowaarclal producta
in a particular function or application, or
(| aa a aubatituta for raw Mtarial faadatock in tha
prinary production procaaa froa which it waa
generated, without being flrat reelaiaed (a
cloaed-loop procaaa)T
If any of tha abova apply, tha activity la uaa or
rauaa, and tha Mtarial ia not a aolld waata.
Xf nona of tha abova apply, go on to queation (10).
Ia tha Mtarial raganaratad or ara Mtariala with valua raeovarad
froa tha orlgiMl Mtarial?
I 1 yaa ( I m
If yaa, tha activity ia raelaMtion. do on to qua at ion
(10a).
If no, plaaaa ravlaw tha dafinltiona of aetivitiaa in
this Mnual and raconaldar your anawara, or
call tha RCRk Rot Una for aaalatanca.
loa. ia tha Mtarial
( ) a haiardoua waata liatad undar 40 CP*
>•1.11 or >il.3i (thia provialon
axcludee cp—roial chaaical producta,
which ara liatad undar 40 era 241.31),
( ) a apant Mtarial exhibiting ona of tha
charactariatica of a haiardoua waata
glvan in 40 CPR 241.20-.24, or
( ) a acrap MtalT
If any of tha abova apply, tha Mtarial la a
aolld waata. Saa applieabla ragula-
tiona, balow.
If nona of tha abova apply, go on to quaatlon
(10b).
10b. Ia tha Mtarial
( ) aithar a aludge or a by-produot that
exhibits ona of tha charactariatica of a
haiardoua waata glvan in 40 CFK 241.20-
.24, and that ia not liatad undar 40 CP*
241.31-.12, or
(la co—arolal chaalcal produot that a xhi-
blta a hasardoua waata charaotariatlo or
ia liatad undar 40 CP* 241.33?
If any of tha abova apply, tha Mtarial is
not a aolld waata.
If nona of tha abova apply, plaaaa ravlaw tha
dafinltiona of aetivitiaa in thia manual
and raconaldar your aiwwan, or call tha
RCM Hot Una for aaaiatanoa.
Applieabla Haqulationai
1. Ia tha waata exeapt froa regulation (see tha liat in Inhibit •)?
11 ?*a (X) no
If yaa, tha Mtarial ia not regulated.
If no, tha Mtarial ia ragulatad. fee itaa (2), balow.
2. Ttia ganarator of tha oxidea (tha person who aaparataa tha oxidea
froa tha aatala) ia aubjaet to requlreaenta undar 40 CP* 242.
Tranaportara of tha oxldaa ara aubjaet to raquiraaanta undar 40
CPR 243. Oanaratora raoyoling tha oxidaa on-alta, off-aita
recyelere and othar partiea handling tha oxidaa prior to
racy cling My bo aubjaet to atoraga facility raquiraaanta undar
40 CP* 244 and 249 lubparta A through L. Oanaratora who atora tha
oxidaa for no aora than *0 daya in tanka or containara prior to
racy cling ara aubjaet only to tha raquiraaanta for accumulation
undar 40 CP* 242.34. Tha procaaa of incorporating tha oxidaa into
tha fartiliaar ia not itaalf ragulatad. Raalduaa froa raeycllag
the oxidaa auat ba Mnagad aa hasardoua waataa if thay
thaaaalvaa axhibit any hasardoua waata charactariatica.
Diacuaaloni
Separation of tha braas droaa akiaaings into oxidaa and Mtala la
a reclamation procaaa. Mian raelaiaad, a charaotariatlo by-product
ordinarily ia not defined aa a aolid waata. Howavar, tha raelaMtion
atap ia part of a recycling procaaa that anda with the oxidea being
?laced on tha ground. Becauae tha ultlMta uaa of tha oxidea will
nvolva uaa conatituting diapoaal, and the oxidaa exhibit a haiardoua
waata characterlatic, tha oxidaa ara aolid waatea and arc aubject to
RCRA subtitle C regulation.
See Alaot RaelaMtion - By-Product 1
Use Conatituting Diapoaal - By-product 1
Use Constituting Diapoaal - By-Product 2
-------
USE CONSTITUTING DISPOSAL - BY-PRODUCT 4
Deacriptlon of Activityt
Amorphous polypropylene residues (by-producte exhibiting the
characteristic of lgnitabllity) 90 through a processor that extracts
residual solvents for any reuse as degreasers. The polyaerlc resi-
dues, which do not exhibit hazardous waste characteristics, are
blended with asphaltlc aaterlals to Make (a sore crack-resistant)
asphalt for sale. The asphalt also does not exhibit any hazardous
waste characteristics.
Nhat Is the status of the original polypropylene residues?
Questions:
• - ,
1. Is the Material that is recycled a secondary Material?
t*1 y*» 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 CPR 261.4(b).)
[*1 t ] •»
.1 If yes, go on to question (3).
If no, the Material is not a solid waste.
3. Is the Material specifically excluded froa the definition of
solid waste under 40 CFR 261.4(a) (see the list in Exhibit
5)?
t 1 y« (X] no
It 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 J *•» 1*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?
(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.
6.
icycllng the waste?
[X] y«» [ 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?
IX) y«« [ ] no
If yes, go on to question (?).
If no, go on to question (6b).
6b. Is the Material a co—rclal cheMical product that
.exhibits a hazardous waste characteristic or Is listed
as a hazardous waste in 40 CFR 261.33?
I ) yes t ) 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?
IX) yes ( ] no
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 waste characteristic or is listed
in 40 CFR 261.33 that is produced for application to
the land?
[ 1 y«* (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.
B. Is the Material used as a fuel or used to produce a fuel?
| ] 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?
( ) 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
regulations, below.
9. Is the Material used or reused
I ] as an ingredient in an industrial process to mak*
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 proceae from which it was
generated, without being first reclaimed (a
closed-loop process)?
K>
t
K>
r
t ) yes ( ] no
If yes, the activity is reclamation. Co on to question
(10a).
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
( ] a hazardous waste listed under 40 CPU
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 • 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
(10b).
If any of the above apply, the activity is use or
reuse, and the materiel 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?
10b. Is the material
( ] either a sludge or e 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 wasts
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 anawera, or
call the RCRA Hotline for assistance.
Applicable Regulations
1. Is the waste exempt from regulation (see the list in
Exhibit 6)?
( 1 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 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 requlremente under 40 CFR 264 and 26S
Subparts A through L. Generators who store ths 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.
Discussiont
The processor who ssparatea the residual solvents and the
polymeric residues from the polypropylene residuee is reclaiming this
material. Nhen 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 aolid waste, and
is subject to RCRA Subtitle C regulation.
See Also: Other - Non-Secondary Material 13
Other - Non-Hazardous Secondary Material 6
Other - Non-Hazardous Secondary Material 7
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USE CONSTITUTING DISPOSAL - NON-HAZARDOUS SECONDARY MATERIAL 1
D»«cr'pHt>n of Activity!
Sulfuric acid fro* Metal finishing operations (a spent Material
exhibiting the character'.jtic of corroaivity) la uaed aa an Ingredient
in fertilizera that are marketed to the general public. The
fertilizers themselves do not exhibit hazardoua waate characteristics.
What la the atatua of the fertilizer?
Questional
1. Is the Material that la recycled a aecondary material?
1*1 C ] no
If yes, go on to question (2).
If no, the material is not a solid waate.
2. la the Material hazardous? (A Material is hazardous If it la
listed under 40 CPR 261.30-.33 or exhibits one of the
characterlatics of • hazardoua waate given in 40 CFR 261.20-.24,
and la not specifically excluded from the definition of hazardous
waste under 40 CPR 261.4(b).)
( I t*l no
¦ If yes, go on to question (3).
Xj If no, the Material is not a solid waate.
^ 3. lathe Material specifically excluded from the definition of
"»J solid waste under 40 CPR 261.4(a) (aee the list in Exhibit 5)?
V I 1 y«" l 1 no
If yes, the Material is not a solid waate.
If no, go on to queatlon (4).
4. In the Material inherently waste-like (see the list in Exhibit 4)?
( ) yes ( 1 no
If yes, the Material is a solid waate. See applicable
regulationa, below.
If no, go on to queatlon (9).
9. Does the activity serve a beneficial use?
[ ) yes ( ) no
If yes, go on to question (6).
If no, the activity is not recycling, and the Material
ia a solid waate. See applicable regulationa,
below.
6. Is there a feasible Means for recycling the waate?
I ) yes [ ] no
If yes, go on to queatlon (6a).
If no, go on to queatlon (6b).
6a. Ia at leaat 79 percent of the Material recycled within
one calendar year?
[ ) yes I J no
If yes, go on to question (7).
If no, go on to question (6b).
6b. Is the Material a coMaerclal chealcal product that
exhibita a hazardoua waste characteristic or Is Hated
aa a hazardoua waste in 40 CPR 261.33?
I ) yes t 1 no
If yes, go on to question (7).
If no, the practice is speculative
accumulation, and the Material is a
solid waate. see applicable
regulations, below.
7. is the Material placed on the ground or used in a product that la
placed on the ground?
I ) yes I ) no
If yes, go on to question (7a).
If no, go on to queatlon (8).
7a. Is the Material a coHMrcial cheaical product the
exhibits a hazardous waate characteriatic or ia listed
in 40 CPR 261.33 that Is produced for application to
the land?
I ) yes .. [ 1 no
If yes, the Material Is not a solid waate.
If no, the activity reaults In use
constituting disposal and the Material
is a solid waste. See applicable
regulationa, below.
8. Ia the Material uaed as a fuel or uaad to produce a fuel?
I ] yei ( ] no
If yea, go on to question (8a).
If no, go on to question (9).
-------
ta. la tha material a commercial chemical product that
exhibits a hazardous waata charactaristlc or la llatad
in 40 CPR 261.33 and that is produced to b« bumad as
fuel?
t ] yas ( J no
If yas, tha material is not a solid waste.
If no, tha activity results in burning for
enargy racovary, and tha material is a
solid waata. Saa applicable regula-
tions, below.
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 ) as an effective substitute for commercial products
in a particular function or application, or
t ] as a substitute for raw material feedatock in tha
primary production process from which it was
generated, without being first reclaimed (a
closed-loop process)?
If any of tha above apply, the activity is use or
reuse, and tha material is not a solid waata.
If none of the above apply, go on to queation (10).
Ia the material regenerated or are materials with value
recovered from the original material?
( ] yes J J no
If yes, the activity is reclamation. Co on to queation
(10a).
If no, pleaae review the definitions of activities in
thia manual and reconsider your anawers, or
call tha RCRA Hotline for assistance.
loa. Is the material
( ] a hacardoua waste listed under 40 CPR
261.31 or 261.32 (this provision
excludes commercial chemical products,
which are Hated under 40 CPR 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, tha material la a
solid waste. See applicable regula-
tions, below.
If none of the above apply, go on to question
(10b).
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 la not listed under 40 CPR
261>31-.32, or
( ) a commercial chemioal product that exhi-
bits a hazardous waste character1atlc or
is listed under 40 CFR 261.33?
If any of the above apply, tha material is
not a solid waata.
If none of the above apply, pleass review the
definitions of activities in this manual
and reconsider your answara, or call tha
RCRA Hotline for assistance.
Applicable Regulations;
1. Is the waste exempt from regulation (ssa the list in Exhibit •)?
C J yes ( ) no
If yes, the material is not regulated.
If no, the material is regulated. See item (2), below.
Discussioni
The fertiliser is derived from e characteristic hazardous waata
but is not itself a aolid waste because it does not exhibit any
hazardous waata characteriatlca. Therefore, the fertiliser la not
subject to RCRA Subtitle C regulation.
See Alsot
Use Constituting Disposal - Spent Material 2
-------
ENERGY RECOVERY - SPENT MATERIAL 1
Description of Activity:
industrial ethyl alcohol that has been contaminated by oils,
(wrfuhri, or other ' substances added by a variety of Manufacturing
practices (a spent Material exhibiting the characteristic of ignita-
bility) is returned to the ethyl alcohol Manufacturer, where it is
distilled and regenerated into new industrial ethyl alcohol. The
distillation residue (which also exhibits ignltabllity) is burned as a
fuel.
What is the status of the distillation residue?
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. Is the Material hazardous? (A Material is hazardous if it in
listed under 40 crR 261.30-.]] or exhibits one of tho
characteristics ot <• 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 ( ) 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)?
( 1 yes [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)
I ) 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?
(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?
t*l yes l ) 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 chealcal product that
exhibits a hazardous waste characteristic or is listed
' as a hazardous waste in 40 CFR 261.33?
I I y« [ 1 no
If yes, go on to question (7).
If no, the practice is speculative
accuaulation, 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?
C 1 y*« r*J no
If yes, go on to question (7a).
If no, go on to question (B).
7a. Is the Material a coMaercial 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 yes [ ] 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?
(X) yes [ ] no
If yes, go pn to question (8a).
If no, go on to question (9).
-------
•a. 1b 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?
C 1 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. ,
Is the Material used or reused
( ] as an Ingredient In ao>Industrial process to Make
a new product without Intermediate reclamation
(regeneration or recovery of materials),
( J 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 1s 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 val
recovered from the original material?
t 1 y«" C 1 no
If yas, the activity (¦ reclamation. Co on to question
(10a).
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
( ] a. hazardous waste listed under 40 CFR
2(1.31 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, the material is
a solid waste. See applicable
regulations, below.
If none of the above apply, go on to question
(10b).
10b. 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)?
I ) y*» (X) no
If yas, the material is not regulated.
If no, the material Is regulated. See Item (2), below.
2. 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 265 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 Ke 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 266;
the actual burning of these wastes is currently exempt froa
regulation.
Discussion!
Hazardous residues from recycling practices are conaldered
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 2
Descr1 ft Ion of Activity:
Hazardous spent solvents fro* the organic chemicals manufacturing
Industries (producing basic organic chemicals, organic Intermediates,
plasticlzers, etc.) are burned as fuels In an Industrial boiler.
Hhat Is the status of the spent solvents?
Questions:
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.
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).)
[XJ yes [ 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 1 y«» {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)?
f 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?
tX) 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?
t*l y®» 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?
(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 a hazardous waste characteristic or is listed
as a hazardous waste in 40 CFR 261.33?
( ] y«« ( 1 no
If yea, go on to question (7).
If no, the practice is speculative
accumulation, and the material is a
Bolid waste. See applicable
regulations, below.
7. Is the material placed on the ground or used In a product that is
placed on the ground?
t J y«" [X] 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 hazardous waste characteristic or is listed
in 40 CFR 261.33 that is produced for application to
the land?
t 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 a solid waste. See applicable
regulations, below.
8. Is the material used as a fuel or used to produce a fuel?
IX] yes ( ] no
If yes, go on to question (8a).
If no, go on to question (9).
-------
Ha. Is the Material a commercial chemical product that
exhibits a hazardous waste characteristic or is listed
in 40 CFR 261.13 and that is produced to be burned as
fuel?
t ] Y«s 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
[ ] 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 • 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).
t
W lo. Is the material regenerated or are Materials with value
recovered froM the original Material?
( ) yes [ ] no
If yes, the activity is reclaMation. Go on to question
(10a).
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 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
(10b).
10b. 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 cheMlcal 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 Reflations
1. Is the waste exempt from regulation (see the list in Bxhiblt 6)?
t 1 y«s [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 requlresents
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 recyclers 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 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. Burners
of hazardous wastes are only subject to the storage and
transportation requireMents under 40 CFR 266t the actual burning
of these wastes is currently exempt from regulation.
Discussion:
Both listed and characteristic hazardous wastes that are burned
as fuels are solid wastes and thus are subject to RCRA Subtitle C
regulation.
-------
ENERGY RECOVERY - SPENT MATERIAL 3
Description of Activity:
Non-halogenated spent solvents (heavy alcohols, ketones and
hydrocarbons, spent Materials exhibiting the characteristic of
ignitability) and heavy residuals (by-products exhibiting the
characteristic of EP-toxicity) from a chealcal Manufacturing plant are
physically Mixed Into a product that 1s sold as Marine fuel. The fuel
exhibits the characteristic of ignitability.
What is the status of the spent solvents?
QuestIons:
1. Is the Material that la recycled a secondary Material?
[XJ yes [ J 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-.3] 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).)
1*1 y«» t ] 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)?
[ ] 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)?
t J y«» IX) no
If yes, the Material 1s 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?
IX] yes ( ] rib
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 ( ] no
If yes, go on to question (7).
If no, go on to question (6b).
6b. Is the Material a coMMercial chealcal product that
exhibits a hazardous waste characteristic or is listed
as a hazardous waste in 40 CFR 261.33?
( ] yes ( ] no
If yes, go on to question (7).
If no, the practice is speculative accuMula-
tion, and the Material 1s 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"» 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 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 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?
[X] yes J ) no
If yes, go on to question (8a).
If no, go on to question (9).
-------
tit. la the material a commercial chemical product that
•xhibits a hazardous waata characteristic or la listed
In 40 CFR 261.33 and that ia produced to be burned as
fuel?
I ] y«" 1*1 no
If yea, the material la not a solid waata.
If no, tha activity reaulta In burning for
energy recovery, and the material la a
aolld waste. See applicable regula-
tions , below.
Is the aaterial uaed or reused
[ ] as an Ingredient in an Industrial process to Bake
a new product without intermediate reclamation
(regeneration or recovery of materials),
t ) as an effective aubstltuta for coraerclal producta
in a particular function or application, or
J ) as a substitute for raw aaterial feedstock In the
priaary production process froa which it was
generated, without being firat reclaimed (a
closed-loop process)?
If any of the above apply, the activity is use or
reuse, and the aaterial is not a solid waste.
If none of the above apply, go on to question (10).
Is the aaterial regenerated or are materials with value
recovered froa the original aaterial?
( ] yes [ ) no
If yes, the activity Is reclaaatlon. Go on to question
(10a).
If no, please review the definitions of activities in
this manual and reconaider your answers, or
call the RCRA Hotline for assistance.
10a. Is the aaterial
( ] 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
( J a scrap metal?
If any of the above apply, the material ia a
solid waste. See applicable regula-
tions, below.
If none of the above apply, go on to question
(10b).
10b. Is the material
t ) 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 waata characteriatlc or
is Hated under 40 CFR 261.33?
If any of the above apply, the material is
not a aolld waste.
If none of the above apply, please review the
definitions of activitiee In thia manual
and reconsider your anawera, or call tha
RCRX Hotline for aasiatance.
Applicable Regulatlona:
1. Is the waste exempt from regulation (see the list In
Exhibit 6)?
( 1 y*» {XJ no
If yes, the material Is not regulated.
If no, the material is regulated, see ltea (2), below.
2. The generator of tha spent solvents is subject to requirements
under 40 CFR 262. Tranaportera of the apent solvents are subject
to requirements under 40 CFR 263. Generators recycling the spent
solvents on-site, off-site recyclers and other parties handling
tha apent solvents prior to recycling may be subject to storage
facility requirements under 40 CFR 264 and 265 Subparta A through
L. Generators who atore the aolventa for no more than 90 daya in
tanks or containera 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 froa
regulation.
Piacusslom
Characteriatlc spent aaterlala that are burned aa fuela or used
to produce a fuel are solid wastes and are aubject to RCRA Subtitle C
regulation.
See Also: Energy Recovery - By-Product 3
Energy Recovery - Mixed Material 1
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ENERGY RECOVERY - BY-PRODUCT 1
Description of Activity!
Decanter tank tar sludge fro* coking processes (a by-product
listed under EPA Hazardous Haste No. K087) is substituted for a raw
material — coal — in coke ovens, where It is converted into coke.
The coke then is used in blast furnaces as a fuel and as an ingredient
(providing carbon) in the production of steel.
What is the status of the decanter tank tar sludge?
Questions;
1. Is the Material that Is recycled a secondary Material?
IX) 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-.33 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 CPR 261.4(b).)
*>» [*] y®s ( ) no
W
f 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)?
t 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)?
t 1 y«s (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. See applicable regulations,
below.
6. Is there a feasible Means for recycling the waste?
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 Material recycled within
one calendar year?
[X) yes I ] no
If yes, go on to question (7).
If no, go on to question (6b).
6b. Is the Material • coMmerclal cheMlcal product that
exhibits a hazardous waste characteristic or is llsteu
as a hazardous waste in 40 CFR 261.33?
t ] yes ( ) no
If yes, go on to question (7).
If no, the practice is speculative
accUMUlation, and the Material is a
solid waste. Sea applicable
regulations, below.
7. Is the Material placed on the ground or used in a product that It
placed on the ground?
( 1 y«« IX] no
If yes, go on to question (7a).
If no, go on to question (8).
7a. Is the Material a commercial cheMlcal 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 yes ( ) 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.
8. Is the Material used as a fuel or used to produce a fuel?
(X) yes ( ] no
If yes, go on to question (8a).
If no, go on to question (9).
-------
H*. la 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?
( } y*» [X] no
If yes, the material is not a solid waste.
If no, the activity results in burning for
energy recovery, and the naterial 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
t ] 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?
( ] yes ( ] no
If yes, the activity is reclamation. Go on to question
(10a).
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
[ ] 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
(10b).
10b. 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 aaslstance.
Applicable Regulations
1. Is the waste exempt from regulation (see the list in Exhibit 6)?
[ ) 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 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 recyclera 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. 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. Any residues from recycling the sludge must
be managed as hazardous wastes.
Discussion:
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. Becaus.: 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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ENERGY RECOVERY - BY-PRODUCT 2
Description of Activity!
Decanter tank tar sludge froM coking pr ocassea (a by-product
llatad under EPA Hazardous Masts Ho. K0B7) la aubstltutad for a raw
material — coal — ill coka ovens, where It la converted Into coke.
The coka than 1» used In blast furnaces as a fuel and aa an ingredient
(providing carbon) In the production of steal.
What is tha status of the coke?
la tha natarlal that Is recycled a secondary Material?
1*1 y«« l 1 no
If yas, go on to question (2).
If no, tha Material is not a solid waste.
Is tha Material hazardous? (A Material is hazardous if it is
listed under 40 CFR 261.30-.33 or exhibits on* of the
characteristics of a hazardous vasts given in 40 CFR 261.20-.24,
and is not apacifically excluded fro* the definition of hazardous
waste Under 40 CFR 261.4(b).)
ui [X] yes ( ) no
If yas, go on to question (3).
If no, tha Material Is not a solid waste.
3. Is the Material specifically excluded fro* tha definition of
, solid wasta under 40 CFR 261.4(a) (aee the list in Exhibit 5)?
I ] (XJ no
If yes, tha Material Is not a solid wasta.
If no, go on to question (4).
4. Is tha Material Inherently waste-like (sea tha list in Exhibit 4}?
( ] yes (X] no
If yes, the Material is a solid wasta. Sea applicable
regulations, below.
If no, go on to question (5).
5. Does the activity serve a beneficial use?
IX] 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 tha waste?
[X) yes ( ) no
If yes, go on to question (6a).
If no, go on to question (6b).
6a. is at least 75 percant of tha Material recycled within
one calendar yaar?
(XJ yes t 1 no
If yea, go on to question (7).
If no, go on to question (6b).
6b. Is tha Material a commercial chaMical product that
' exhibits a hazardous waste characteristic or is listed
as a hazardous waste in 40 CFR 261.33?
t ] yas [ ) no
If yes, go on to question (7).
If no, tha practice Is speculative
accumulation, and the Material Is a
solid waste. Sea applicable
regulations, below.
1, Is the Material placed on the ground or used in a product that is
placed on the ground?
t 1 1*1 «">
If yes, go on to question (7a).
If no, go on to question (8).
7a. Is the Material a cosMercial cheMlcal product that
exhibits a hazardous wasta characteristic or is list* •
in 40 CFR 261.33 that Is produced for application to
the land?
C J t I no
If yas, the Material is not a solid wasta.
If no, ths activity results in use
constituting disposal and the Material
is a solid waste. Sea applicable
regulations, below.
8. Is the Material used as a fuel or used to produce a fuel?
(X) yes 1 1 no
If yes, go on to question (8a).
If no, go on to question (9).
-------
0a. 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?
t ] y«» (X) no
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.
Is the Material used or reused
t ] 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?
| ] yes ( ) no
If yes, the activity is reclaMation. Go on to question
(10a).
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
cheMlcals),
[ ] 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).
10b. 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)?
[X] y«« t 1 no
If yes, the material is not regulated.
If no, the material is regulated. See item (2), below.
Discussion:
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 fuel 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 exempt
from RCRA Subtitle C regulation (see 40 CFR 261.6(a)(3)(vll).
See also: Energy Recovery - By Product 1
-------
ENERGY RECOVERY - BY-PRODUCT 3
Description of Activityt
Hon-halogenated spent solvents (heavy alcohols, ketones and
hydrocarbons, spent Materials exhibiting the characteristic of
lgnltablllty) and heavy residuals (by-products exhibiting the charac-
teristic of EP-toxlclty) from a chemical manufacturing plant are
physically mixed Into a product that Is sold as marine fuel. The fuel
exhibits the characteristic of lgnltablllty.
What is the status of the heavy residuals?
Questions:
1. Is the material that is recycled a secondary material?
IX) yes ( ] no
If yes, go on to guestlon (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 1s not specifically excluded from the
. definition of hazardous waste under 40 CFR 261.4(b).)
M
U> 1*1 [ 1 no
oo
If yes, go on to question (3).
If no, the material 1s 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 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)?
C ] y«« tXl 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 ] no '
If yes, go on to question (6a).
If no, go on to question (6b).
6a. Is at least 73 percent of the material recycled within
one calendar year?
I*] Y*» 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 waste in 40 CFR 261.33?
[ ] yes 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.
7. Is the material placed on the ground or used In a product
that 1s placed on the ground?
[ 1 y«" (X] 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 hazardous waste characteristic or Is listed
in 40 CFR 261.33 that Is produced for application to
the land?
t ] 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.
8. Is the material used as a fuel or used to produce a fuel?
(X) yes [ ) no
If yes, go on to question (8a).
If no, go on to question (9).
-------
Aa< Is the aatarial a commercial chemical product that
exhibits a hazardous waste characteristic or Is listed
in 40 CPU 261.33 and that is produced to be burned as
fuel?
C J y*» [*] no
If yes, the aatarial is not a solid waste.
If no, the activity results in burning for
energy recovery, and the aatarial is a
solid waste. See applicable regula-
tions, below.
9. Is the aatarial 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 coaaerclal products
in a particular function or application, or
( ) as a substitute for raw material feedstock in the
primary production process froa 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 aatarial is not a solid waste.
If none of the above apply, go on to question (10).
10. Is the aatarial regenerated or are aaterials with value
recovered froa the original aatarial?
I ) yes ( ) no
If yes, the activity is reclamation. Go on to question
("a).
If no, please review the definitions of activities in
this aanual and reconsider your answers, or
call the RCRA Hotline for assistance.
loa. Is the aatarial
I I a hazardous waste listed under 40 CFR
261.31 or 261.32 (this provision
excludes coaaerclal cheaical products,
which are liatad under 40 CFR 261.33),
( ) a spent material exhibiting one of the
characterlatlcs of a hazardous waste
given in 40 CFR 261.20-.24, or
[ ) a scrap aetal?
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
(10b).
t
10b. Is the aatarial
[ ] either a sludga or a by-product that
exhibits one of the characteristics of a
hazardous waste given in 40 CFR 2(1.20-
.24, and that la not listed under 40 CFR
261.31-.32, or
( ) a commercial cheaical product that exhi-
bits a hazardous waste characteristic or
is listed under 40 CFR 261.33?
If any of the above apply, the aatarial is
not a solid waste.
If none of the above apply, please review the
definitions of activities in this aanual
and reconsider your answara, or call the
RCRA Hotline for assistance.
Applicable Regulationsi
1. Is the waste exeapt froa regulation (see the list in
Exhibit 6)?
C 1 y«» (XI no
If yss, the aatarial is not regulated.
If no, the aatarial is regulated. Sea itea (2), below.
2. The generator of the heavy residuals is subject to requireaenta
under 40 CFR 262. Transporters of the realduala are subject to
requirements under 40 CFR 263. Generators recycling the
residuals on-site, off-site recyclers and other parties handling
the residuals prior to recycling Bay be subjsct to storage
facility requireaents under 40 CFR 264 and 265 Subparts A through
L. Generators who store the residuals for no sore than 90 days
in tanks or containers prior to recycling are subjsct only to the
rsquireaents for accumulation under 40 CFR 262.34. The process of
aixlng the heavy residuals to produce the fuel is exeapt from
regulation.
Discussions
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.
SeeAlso:
Energy Recovery - Spent Material 3
Energy Recovery - Nixed Material 1
-------
ENERGY RECOVERY - BY-PRODUCT 4
Description of Activity:
Decanter tank tar sludge froa coking operations (a by-product
listed under EPA Hazardous Waste No. X087) 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 aaterial?
(X] yes [ ] no
If yes, go on to question (2).
If no, the aaterial is not a solid waste.
2. Is the aaterial hazardous? (A aaterial 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 froa the
definition of hazardous waste under 40 CFR 261.4(b).)
(X] yes [ ) no
If yes, go on to question (3).
If no, the aaterial is not a solid waste.
3. Is the aaterial specifically excluded froa the definition of
solid waste under 40 CFR 261.4(a) (see the list in Exhibit
5)?
[ ] y«» [*] no
If yes, the aaterial is not a solid waste.
If no, go on to question (4).
4. Is the aaterial inherently waste-like (see the list in
Exhibit 4)?
I 1 y«» IX] no
If yes, the aaterial is a solid waste. See applicable
regulations, below.
If no, go on to question (5).
5. Does the activity serve a beneficial use?
IX) yes l ] no
If yes, go on to question (6).
If no, the activity is not recycling, and the aaterial
is a solid waste. See applicable regulations,
below.
6. Is there a feasible aeans 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 aaterial 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 aaterial a coaaercial cheaical product that
¦ exhibits a hazardous waste characteristic or is listed
as a hazardous waste in 40 CFR 261.33?
( 1 y«« ( ] no
If yes, go on to question (7).
If no, the practice is speculative accuaula-
tion, and the aaterial is a solid
waste. See applicable regulations,
below.
7. Is the aaterial placed on the ground or used in a product
that is placed on the ground?
[ ) y«» (X] no
If yes, go on to question (7a).
If no, go on to question (8).
7a. Is the aaterial a coaaercial cheaical product that
exhibits a hazardous waste characteristic or is listed
in 40 CFR 261.33 that is produced for application to
the land?
t ) y«» t ] no
If yes, the aaterial is not a solid waste.
If no, the activity results in use
constituting disposal and the aaterial
is a solid waste. See applicable
regulations, below.
8. Is the aaterial used as a fuel or used to produce a fuel?
(XJ yes [ ) no
If yes, go on to question (Ba).
If no, go on to question (9).
-------
8a. Is the material a commercial chemical product that
axhlblta a hazardous waste charactaristic or is listed
in 40 cnt 361.33 and that is produced to ba burned as
ruel?
C 1 (*] no
If yea, 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.
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
[ ] 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?
[ ] yes ( ] no
If yes, the activity Is reclamation. Go on to question
(10a).
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
( ] 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
(10b).
10b. 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)?
I ] 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 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 say
be subject to storage facility requirements under 40 CFR 264 and
265 Subparts A through L. Generators who store the decanter
sludge for no mora 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 sludge are only
subject to storage and transportation requirements under 40 CFR
266; the actual burning of these wastes is currently exempt fron
regulation.
Discussion;
Listed by-products that are burned for energy recovery are solid
wastes and are subject to RCRA Subtitle C regulation.
-------
ENERGY RECOVERY - MIXED MATERIAL 1
Description of Activity:
Non-halogenated spent solvent* (heavy alcohols, ketones and
hydrocnrbons, spent aaterials exhibiting the characteristic of
ignitabillty) and heavy residuals (by-products exhibiting the
characteristic of EP-toxlclty) froa a chealcal manufacturing plant are
physically aixed into a product that is sold as aarine fuel. The fuel
exhibits the characteristic of ignitability.
What is the status of the aarine fuel?
Questions:
1. Is the aaterial that is recycled a secondary aaterial?
(X) y«» [ ] no
If yea, go on to question (2).
It no, the aaterial ia not a solid waste.
2. Is the aaterial hazardous? (A aaterial 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 froa the
definition of hazardous waste under 40 CFR 261.4(b).)
(X) yes ( ] no
If yes, go on to question (3).
If no, the aaterial ia not a solid waste.
3. Is the aaterial specifically excluded froa the definition of
solid waste under 40 CFR *261.4(a) (sea the list in Exhibit
5)?
[ ) y«» IX] no
If yes, the aaterial Is not a solid waste.
If no, go on to question (4).
4. Is the aaterial inherently waste-like (see the list in
Exhibit 4)?
( ] y*» [*) no
If yes, the aaterial 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 aaterial
is a solid waste. See applicable regulations,
below.
6. Is there a feasible aeans for recycling the waste?
(X) yes [ ) no
If yea, go on to question (6a).
If no, go on to question (6b).
6a. Is at least 75 percent of the aaterial 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 aaterial a coaaercial chealcal product that
exhibits a hazardous waste characteristic or is listed
as a hazardous waste in 40 CFR 261.33?
t ] yes t 1 no
If yes, go on to question (7).
If no, the practice is speculative accuaula-
tion, and the aaterial is a solid
waste. See applicable regulations,
bplow.
7. is the aaterial placed on the ground or used in a product
that is placed on the ground?
I ] y«" IX] no
If yes, go on to question (7a).
If no, go on to question (8).
7a. Is the aaterial a coaaercial chealcal 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 aaterial is not a solid waste.
If no, the activity results in use constitu-
ting disposal and the aaterial is a
solid waste. See applicable regula-
tions, below.
8. Is the aaterial used as a fuel or used to produce a fuel?
[X] yes ( ] 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 toe burned as
fuel?
( 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 aaterial is a
solid waste. See applicable regula-
tions, below.
9. Is the Material used or reused
t ] as an ingredient In an industrial process to sake
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?
( ] yes ( ) no
If yes, the activity is reclamation. Go on to question
(10a).
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
( ) a hazardous waste listed under 40 CFR
2(1.31 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 regula-
tions, below.
If none of the above apply, go on to question
(10b).
10b. 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)?
( ) 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 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-site, off-site recyclers
and other parties handling the fuel prior to recycling say be
subject to storage facility requirements under 40 CFR 264 and 265
Subparts A through L. Generators who store the fuel for no sore
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 hazardous waste characteristic.
Therefore, the fuel is a solid and hazardous waste and is subject to
RCRA Subtitle C transportation and storage regulation.
See Also! Energy Recovery - Spent Haterlal 3
Energy Recovery - By-Product 3
-------
ENERGY RECOVERY - NON-SECONDARY MATERIAL 1
Description of Activity:
Pipeline condensate froM natural gas transmission accumulates in
the pipeline as it is generated. When pipelines are cleaned, the
condensate (which exhibits the characteristic of ignitability) is
stored in above-ground steel tanks until it is sold to fims using it
as a fuel.
What is the status of the pipeline condensate?
Questions:
1. Is the Material that is recycled a secondary Material?
[ ] yes [X) no
If yea, 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).)
( 1 yes t 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)?
( ] yes ( ] 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)?
[ ) ye» ( ] 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?
( ] 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?
I ] y«a [ 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?
( ] yes I ] no
If yes, go on to question (7).
If no, go on to question (6b).
6b. Is the Material a coMMercial cheMlcal product that
' exhibits a hazardous waste characteristic or is listed
as a hazardous waste in 40 CFR 261.33?
J ] yes t 1 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?
[ ] yes [ ) no
If yes, go on to question (7a).
If no, go on to question (8).
7a. Is the Material a coMMercial cheMlcal 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 ) 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.
8. 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).
-------
Hi. Is the Material a coMMrcial 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 t ] no
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.
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),
J J as an effective substitute £or 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?
( ) y*« t ] no
If yes, the activity is reclamation. Go on to question
(10a).
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
( ] a hazardous waste listed under 40 CFR
361.31 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
I 1 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
(10b).
10b. Is the material
( ] either a sludgb 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)?
[ ] yes ( ) no
If yes, the material is not regulated.
If no, the material Is regulated. See item (2)', below.
Discussion:
Pipeline condeneate 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.
-------
RECLAMATION - SPENT MATERIAL 1
Description of Activity!
Spent lead-acid batteries (spent Materials exhibiting the
characteristics of corrosivity and EP-toxicity) are split by battery
crackers, and their contents (lead and oxides) are stored in a pile.
The lend and oxides, which still exhibit EP-toxicity, are then shipped
to a secondary lead saelter to recover the lead.
Hhat is the status of the lead-acid batteries?
Questions;
1. Is the Material that is recycled a secondary Material?
(X] yes t ) 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 fro* the definition of hazardous
waste under 40 CPR 261.4(b).)
[X) yes t ] 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 1 . [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 ] 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 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?
IX] yes ( ] no
If yes, go on to question (7).
If no, go on to question (6b).
6b. Is the Material a coMnercial cheMlcal product that
¦ exhibits a hazardous waste characteristic or Is listed
as a hazardous waste in 40 CFR 261.33?
I ) yes ( ) no
If yes, go on to question (7).
If no, the practice is speculative accusula-
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 it
placed on the ground?
( ] yes (X) no
If yes, go on to question (7a).
If no, go on to question (I).
7a. Is the Material a comercial cheMlcal product that
exhibits a hazardous waste characteristic or is listed
in 40 CFR 261.33 that Is produced for application tn
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.
8. Is the Material used as a fuel or used to produce a fuel?
I ] yes (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 ia listed
in 40 CFR 261.13 and that is produced to be burned as
fuel?
[ I 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 aaterial used or reused
( J 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 coanarcial 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)?
If any of tha 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).
In the Material regenerated or are Materials with value
recovered froM the original Material?
1*1 I 1 no
If yes, tha activity is reelaMatlon. Co on to question
(10a).
If no, please review the definitions of activities in
this Manual and reconalder your answers, or
call tha RCRA Hotline for assistance.
10a. 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, tha Material is a
solid waste. See applicable regula-
tions, below.
If none of the above apply, go on to question
(10b).
10b. Is the Material
( ] either a sludge or a by-product that
exhibits one of the charactariatics of a
hazardous waste given in 40 CFR 261.20-
.24, and that la 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 anawers, or call the
RCRA Hotline for assistance.
Applicable Regulations!
1. Is the waste except from regulation (sea tha list in Exhibit 6)?
I J y (XI no
If yes, tha Material is not regulated.
If no, tha material is regulated. See IteM (2), below.
2. Owners or operators of facilities that store spent laad-acid
batteries before reclaiMing them are subjsct to notification
requirements under Section 3010 of RCRA and to storage facility
requirements under 40 CFR 264 and 265 Subparts A through L
(waste analysis requirements under 40 CFR 264.13 and 265.13, and
manifest requirements under 40 CFR 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.
Requirementa applicable to spent lead-acid batteries being
reclaimed are summarized under 40 CFR 266 Subpart G.
Discussion:
Spent lead-acid batteries ara defined as apent materials.
Because material with value — the lead — is recovered from the
batteries, the activity is classified as reclamation. EPA haa 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 whan stored by the person who is
reclaiming them (i.e., the battery cracker) but ara not regulated when
handled by persons other than reclaimers prior to the reclamation.
See Also: Reclamation - Spent Material 2
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RECLAMATION - SPENT MATERIAL 2
Description of Activity:
Spent lead-acid batteries (spent Materials exhibiting the
characteristics of corroslvlty and EP-toxlcity) are split by battery
crackers, and their contents (lead and oxides) are stored in a pile.
The lead and oxides, which still exhibit EP-toxicity, are then shipped
to a secondary lead shelter to recover the lead.
What is the status of the used batteries?
Questions:
1. Is the Material that is recycled a secondary material?
tX] yes J ] 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).)
(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)?
[ ] Y«» 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 (see the list in Exhibit 4)?
t 1 y*s (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 yes l ] 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 ) 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 coMaercial cheMical product that
° exhibits a hazardous waste characteristic or is listed
as a hazardous 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
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 IX) no
If yes, go on to question (7a).
If no, go on to question (8).
7a. Is the Material a coraerclal 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 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 a fuel?
I 1 yes (X) no
If yes, go on to question (8a).
If no, go on to question (9).
-------
8n. Is the Material a coaaercial chemical product that
exhibits a hazardous vasts characteristic or is listed
in 40 CFR 261.33 and that is produced to be burned as
fuel?
t ] y»« I 1 no
It yes, the Material is not a solid waste.
If no, the activity results in burning for
energy recovery, and the notarial is a
solid waste. See applicable
regulations, below.
Is the Material used or reused
( ] as an ingredient in an Industrial process to aake
a new product without Intermediate reclaaation
(regeneration or recovery of aaterlals),
( J as an effective substitute for coaaercial products
in a particular function or application, or
I ) as • substitute for raw Material feedstock in the
primary production process froe which it was
generated, without being first reclaiaed (a
closed-loop process)?
If any of the above apply, the activity is use or
reuse, and the Mtarial 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?
t*1 y*» C 1 no
If yes, the activity is raclaMation. Co on to question
(10a).
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
[ ] 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
(10b).
10b. 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 exeept froM regulation (see the list in Exhibit 6)?
[*) y«» I I no
If yes, the Material is not regulated.
If no, the Material is regulated. See iteM (2), below.
2. The generator of the lead and oxides (the battery cracker) is
subject to requlreaents under 40 CFR 262. Transporters of the
lead and oxides are subject to requlreMents under 40 CFR 263.
Generators recycling the lead and oxides on-site, off-site
recyclers and other parties handling the lead and oxides prior to
recycling May be subject to storage facility requlreMents under
40 CFR 264 and 265 Subparts A through L. Generatora who store
the lead and oxides for no aore than 90 days in tanks or
containers prior to recycling are subject only to the
requlreaents for accumulation under 40' CFR 262.34. The
reclasation process itself is not regulated. Residues fros
recycling the lead and oxides Must be Managed as hazardous wastes
if they theMselves exhibit any hazardous characteristics.
Discussion:
Because bettery cracking does not cosplete the reclaaation
process, the lead and oxides, like the batteries are characteristic
spent Materials. Smelting of these Materials to recover lead
constitutes reclaMation of a characteristic spent Material. Thus, the
lead and oxides are solid wastes and are subject to RCRA Subtitle C
regulation.
Reclaaation - Spent Materials 1
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RECLAMATION - SPENT MATERIAL 3
Description of Activity;
Used batteries froa consuaers (spent aaterials exhibiting the
characteristic of EP-toxicity) 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?
Questions;
1. Is the aaterial that Is recycled a secondary aaterial?
tXJ yes [ J no
If yes, go on to question (2).
If no, the aaterial is not a solid waste.
2. Is the aaterial hazardous? (A aaterial 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 froa the definition of hazardous
waste under 40 CFR 261.4(b).)
[X) yes J ] no
If yes, go on to question (3).
If no, the aaterial is not a solid waste.
3. is the aaterial specifically excluded froa the definition of
solid waste under 40 CFR 261.4(a) (see the list in Exhibit 5)?
I 1 yes (X] no
If yes, the aaterial is not a solid waste.
If no, go on to question (4).
4. is the aaterial inherently waste-like (see the list in Exhibit 4)?
t ) yes [X] no
If yes, the aaterial 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 ( J no
If yes, go on to question (6).
If no, the activity is not recycling, and the aaterial
is a solid waste. See applicable regulations,
below.
6. Is there a feasible aeans 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 aaterial recycled within
one calendar year?
(X] yes ( J no
If yes, go on to question (7).
If no, go on to question (6b).
6b. Is the aaterial a coaaercial chealcal product that
'exhibits a hazardous waste characteristic or is listed
as a hazardous waste in 40 CFR 261.33?
[ ) yes I ) no
If yes, go on to question (7).
If no, the practice is speculative
accuaulation, and the aaterial is a
solid waste. See applicable
regulations, below.
7. Is the aaterial placed on the ground or used in a product that is
placed on the ground?
I J yes (XJ no
If yes, go on to question (7a).
If no, go on to question (8).
7a. Is the aaterial a coaaercial chealcal product that
exhibits a hazardous waste characteristic or is listed
in 40 CFR 261.33 that is produced for application to
the land?
( ) yea [ ) no
If yes, the aaterial is not a solid waste.
If no, the activity results in use
constituting disposal and the aaterial
is a solid waste. See applicable
regulations, below.
8. Is the aaterial used as a fuel or used to produce a fuel?
[ ] yes (XJ no
If yes, go on to question (8a).
If no, go on to question (9).
-------
h.i. Is the material a commercial cheelcal product that
exhibits a hazardous vasts characteristic or is listed
in 40 CFR 261.33 and that is produced to be burned as
fuel?
[ ] yes t ] 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.
Is the material used or reused
t ] as an ingredient in an industrial process to maKe
a new product without intermediate reclamation
(regeneration or recovery of materials),
( ] as an affective 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).
Is the material regenerated or are materials with value
recovered from the original material?
(X) y«" ( 1 no
If yes, the activity is reclamation. Co on to question
(10a).
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
( ] a hazardous waste listed under 40 CFR
2(1.31 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
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
(10b).
10b. 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 listsd under 40 CFR
261.31-.32, or
[ ) a commercial chemical product that ex-
hibits a hazardous wasts 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)?
IX) yes I ) no
If yes, the material is not regulated.
If no, the material is regulated. See Item (2), below.
Dlscusslon>
Because the batteries are regenerated by the manufacturer, the
activity is classified as reclamation. Characteristic spent materials
that are reclaimed are solid wastes. However, EPA has issued an
exemption stating that when they are returned to the manufacturer for
regeneration, used batteries are not subject to RCRA Subtitle C
regulation, unless they are speculatively accumulated (see 40 CFR
261.6(a)(3)(H)).
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RECLAMATION - SPENT MATERIAL 4
Description of Activity:
Spent chronic acid from metal finishing plating baths (a spent
material listed under EPA Hazardous Haste No. F007) is neutralized and
goes through an ion exchange process that removes the chromium. The
acid is regenerated and returned to the metal finishing plating bath.
The ion exchange resin (a listed sludge — the residue derived from
the treatment of a listed waste) is treated with sodium hydroxide
solution to remove any impurities. The resin is then returned to the
ion exchange column.
What is the status of the contaminated ion exchange resin?
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 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).)
IX) y«« ( ] 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*« t*l no
If yea, 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 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 t ) 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 { ) 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 rto
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 ) 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 ] y«» 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 hazardous waste characteristic or is listed
in 40 CFR 261.33 that is produced for application to
the land?
( ) yes 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.
8. 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).
-------
8.i. is the Material a coMMerclal cheaical 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 [ ] 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. 13 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 coMMerclal products
in a particular function or application, or
( ] as a substitute for raw Material feedstock in the
priMary production process troM 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 t 1 no
If yes, the activity is reclaMatlon. Go on to question
(10a).
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 coMMerclal 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
(10b).
a
10b. 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 coMMerclal 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)?
C J (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 chroalc aold is subject to
requirements under 40 CFR 262. Transporters of the spent chroalc
acid are subject to requireeents under 40 CFR 263. Generators
recycling the spent chroalc acid on-site, off-site recyclers and
other parties handling the spent chroMic acid prior to recycling
May be subject to storage facility requlreMents under 40 CFR 264
and 265 Subparts 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
accuaulatlon under 40 CFR 262.34. The reclaMatlon process Itself
is not regulated. Any residues derived froM recycling the spent
chroMic acid (such as the resin) Must be Managed aa hazardous
wastes.
Discussions
Because the acid is regenerated, the process is classified as
reclaeation. 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: ReclaMatlon - Sludge 3
Other - Non-Secondary Material 9
Other - Non-Secondary Material 12
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RECLAMATION - SPENT MATERIAL 5
Description of ActivityI
Spent toluene that was used ¦¦ t solvent in « Manufacturing
process (a spent material listed under EPA Hazardous Haste Ho. F005) is
adsorbed in an on-site carbon adsorption systsa. After the adsorption
and desorption processes, the solvent la decanted from water and reused
in the original process.
What is the status of the spent toluene?
Questions;
1. Is the material that is recycled a secondary material?
[*1 yo« [ J 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 CP* 26V.20-.24,
and is not specifically excluded from the definition of hazardous
waste under 40 CFR 261.4(b).)
t*l yes ( J 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 CPR 261.4(a) (see the list in Exhibit 5)?
C I 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)?
C J y«« CXJ 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 [ J no
If yes, qo 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 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?
1X1 yes 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 waste in 40 CFR 261.33?
[ ) yes J ] no
If yes, qo on to question (7).
If no, the practice is- speculative
accumulation, and the material is a
solid wasts. See applicable
regulations, below.
7. Is the material placed on the ground or used in a product that la
placed on the ground?
C ] y*« IX) no
It yes, go on to question (7a).
If no, go on to question (8).
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?
I ) y»» I )
If yes, the material is not a solid waste.
If no, the activity results in uss
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 a fuel?
( 1 y«" (X| no
If yes, go on to question (8a).
If no, go on to question (9).
-------
a*. la the material a commercial chealcal product that
exhibit* a hazardous waata characteriatic or la Hated
In 40 CPR 261.33 and that la produced to be burned aa
fuel?
t ] yea [ ] no
If yea, the Material la not m aolid waata.
If no, the activity raaulta in burning for
energy recovery, and the Material is a
aolid waata. Sea applicable
regulationa, below.
Ia the Material uaed or reuaed
( ] aa an ingredient in an induatrial proceea to »ak«-
a new product without intermediate reclamation
(regeneration or recovery of materials),
I J aa an effective aubatitute for commercial producta
in a particular function or application, or
( J aa a aubatitute for raw Material feedstock in the
primary production proceaa froa which it was
generated, without being firat reclaimed (a
cloaed-loop proceaa)?
If any of the above apply, the activity la use or
reuse, and the Material ia not a solid waata.
If none of the above apply, go on to queatlon (10).
Is the Material regenerated or are Materlale with value
recovered froM the original Material?
(X] yea ( ) no
If yes, the activity ia reclaMation. Go on to queatlon
(10a).
If no, pleaae review the definitions of activities in
this Manual and reconaidar your answers, or
call the RCRA Hotline for aaaiatance.
loa. Ia the Material
(X] a hatardoua waata llated under 40 CPR
261.31 or 261.32 (this provision
excludes commercial chemical producta,
which are liatad under 40 CFR 261.33),
( ) a apent material exhibiting one of the
characteriatica of a hazardoua waate
given in 40 CFR 261.20-.24, or
( ] a scrap metal?
If any of the above apply, the material Is
a aolid waate. See applicable
regulationa, below.
If none of the above apply, go on to question
(10b).
10b. Ia the material
( ] either a sludge or a by-product that
exhibita one of the characterlatics of a
hazardoua waate given in 40 CFR 261.20-
.24, and that ia not listed under 40 CFR
261.31-.32, or
( J a commercial chemical product that ex-
hibita a hazardoua waste characteristic
or is listed under 40 CFR 261.33?
If any of the above apply, the material is
not a aolid waata.
If none of the above apply, plaaae review
the definitlona of activitiea in thia
manual and reconaidar your anawera, or
call the RCRA Hotline for aaaiatance.
Applicable Regulationa
1. Ia the waate exempt from regulation (aee the liat in Exhibit 6)?
( ] y«« (X) no
If yea, the material ia not regulated.
If no, the material ia regulated. Sea ItaM (2), below.
2. The generator of the apent toluene ia aubject to raquireaenta
under 40 CFR 262. Transportara of the apent toluene are aubject
to requirementa under 40 CFR 263. Generatora recycling the spent
toluene on-alta, off-alta recyclers and other partlea handling
the apent toluene prior to recycling may ba aubject to atorage
facility raquireaenta under 40 CFR 264 and 26S Subparta A through
L. Generatora who store the spent toluene for no more than 90
daya In tanke or contalnara prior to recycling are aubjact only
to the requirements for accumulation under 40 CFR 262.34. The
reclamation proceaa itaelf ia not regulated. Realduea derived
from recycling the apent toluene muat be managed aa hazardous
waatea.
Discussion:
Because the toluene Is recovered, the proceaa la claaelflad as
reclamation. Liated apent matariala that are reclaimed are defined as
aolid waataa and are subject to RCRA Subtitle C regulation.
-------
RECLAMATION - SPENT MATERIAL 6
Description of Activity;
Industrial ethyl alcohol that haa been contaminated by oils,
perfuses, or other substances added by a variety of manufacturing
practices (a spent Material exhibiting the characteristic of
ignitabillty) is returned to the ethyl alcohol Manufacturer, where it
is distilled and regenerated into new Industrial ethyl alcohol. The
distillation residue (which also exhibits ignitabillty) is burned as a
fuel.
What is the status of the original contaminated ethyl alcohol?
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. 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 wast* 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«" t ] 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 J 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)?
C ] 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?
IX) 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 [ 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 ] 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 ) yes [ J no
If yes, go on to question (7).
If no, the practice is speculative accusula-
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?
I 1 y«» IX] no
If yes, go on to question (7a).
If no, go on to question (8).
7a. Is the Material a coMaercial cheMical product that
exhibits a hazardous waste characteristic or is lister
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 a
solid waste. See applicable regula-
tions, below.
8. Is the Material used as a fuel or used to produce a fuel?
I ] yes (X) no
If yes, go on to question (8a).
If no, go on to question (9).
-------
•Si Is the aattrial 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
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 regu-
lations, below.
Is the material used or reused
( ] as an ingredient in an industrial process to maRe
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
t 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, tha 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 va
recovered from the original material?
I*] C ] no
If yes, the activity is reclamation. Go on to question
(10a).
If no, please review the definitions of activities in
this manual and reconsider your answers, or
call the RCRA Hotline for assistance.
10a. Is tha 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 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
(10b).
10b. 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)?
[X) yes ( ] no
If yes, tha material is not regulated.
If no, the material is regulated. See item (2), below.
Discussion:
Because the ethyl alcohol is regenerated, tha process is
classified as reclamation. Characteristic spent materials that are
reclaimed are solid wastes. However, because reclaaation of
Industrial ethyl alcohol is regulated by the Bureau of Alcohol,
Tobacco and Firearms, EPA has exempted the material from RCRA subtitle
C regulation.
See Also:
Energy Recovery - Spent Material 1
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RECLAMATION - SPENT MATERIAL 7
Description of Activity:
Spent pickle liquor (a spent aaterlal listed under EPA Hazardous
Waste No. K062) la placed In an iapoundaent to evaporate water and
recover concentrated ferrous chloride, which Is used as an Ingredient
to produce ferric chloride.
What Is the status of the spent pickle liquor?
Questions:
1. Is the aaterlal that is recycled a secondary aaterlal?
[X] yas I ] no
If yea, go on to question (2).
If no, the aaterlal la not a solid waste.
2. Is the aaterlal hazardous? (A aaterlal Is hazardous If it is
listed under 40 CFR 261.30-.33 or exhibits one of the
characteristics ot a hazardous waste given in 40 CFR 261.20-.24,
and Is not specifically excluded froa the definition of hazardous
waste under 40 CFR 261.4(b).)
(X) yes I J no
If yes, go on to question (3).
. If no, the aaterlal is not a solid waste.
3. Is the aaterlal specifically excluded froa the definition of
solid waste under 40 CFR 261.4(a) (see the list in Exhibit 5)?
I ) IX} no
If yes, the aaterlal is not a solid waste.
If no, go on to question (4).
4. is the aaterlal inherently waste-like (see the list in Exhibit 4)?
( ] yas IX] no
If yes, the aaterlal is a solid waste. Sea applicable
regulations, below.
If no, go on to question (3).
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 aaterlal
is a solid waste. See applicable regulations,
below.
6. Is there a feasible aaans for recycling the waste?
[X] 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 aaterlal recycled within
one calendar year?
(XJ yes [ ] no
If yes, go on to question (7).
If no, go on to question (6b).
6b. Is the aaterlal a coaaerclal chealcal product that
exhibits a hazardous waste characteristic or is listed
as a hazardous waste in 40 CFR 261.33?
( ] yes I ] no
If yes, go on to question (7).
If no, the practice is speculative
accuaulatlon, and the aaterlal Is a
solid waste. See applicable
regulations, below.
7. Is the aatarlal placed on the ground or used in a product that is
placed on the ground?
( ] yas [X) no
If yes, go on to question (7a).
If no, go on to question (8).
7a. Is the aaterlal a coaaerclal chealcal 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 aaterlal Is not a solid waste.
If no, the activity results in use
constituting disposal and the aaterlal
is a solid waste. see applicable
regulations, below.
8. Is the aaterlal used as a fuel or used to produce a fuel?
t 1 yas [X) no
If yes, go on to question (8a).
If no, go on to question (9).
-------
8a. Ia the material a commercial chemical product that
•xhlbita a hazardous waste charactariatic or is listed
in 40 era 261,33 and that la produced to ba burned as
fuel?
t 1 1 1 ««o
If yaa, tha material la not a aolid waata.
If no, tha activity raaulta in burning for
energy recovery, and tha material is a
•olid waata. Saa applicable
Tabulations, Mm.
la tha aatarial uaad or rausad
I ) as an ingredient in an induatrial procasa to make-
a new product without intermediate reclamation
(regeneration or recovery of materials),
J J 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 aolid 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) yas [ ) no
If yas, the activity is reclamation. Co on to question
(10a).
If no, please review the definitions of activities in
this manual and reconaider your answers, or
call the RCRA Hotline for assistance.
10a. Is tha material
(X] a haaardous waste listed under 40 era
261.31 or 261.32 (this provision
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 era 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
(10b).
10b. Is tha material
( ) either a sludge or a by-product 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
axhiblta a hazardous waste
characteristic or is listed under 40
CFR 261.33?
If any of the above apply, tha material is
not a solid waste.
It none of the above apply, please review
the definitions of activities in this
manual and reconsider your answers, or
call ths RCRA Hotline for aaaiatance.
Applicable Regulations
1. Is the waste exempt from regulation (aae the list in Exhibit 6)?
[ ] yas JXJ no
If yes, the material Is not regulated.
If no, the material is regulated. See Item (2), below.
2. The generator of the spent pickle liquor is subject to
requirements under 40 CFR 262. Transporters of the spent pickle
liquor are aubject to requirements under 40 CFR 263. Generators
recycling the spent pickle liquor on-site, off-site recyclers and
other parties handling the spent pickle liquor prior to recycling
may be eubject to storage facility requirements under 40 CFR 264
and 263 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 CFR 262.34. The reclamation process — the
surface impoundment itself — is not regulated. Any residues
from recycling must be managed as hazardous wastes.
Discussion;
The evaporation that occurs in tha surface impoundment is a
reclamation etep. Liated apent materials that are reclaimed are aolid
wastes and thua are subject to RCRA Subtitle C regulation.
-------
RECLAMATION - SPENT MATERIAL 8
DescrlptIon of Activity I
A spent Ziegler Matta polymerization catalyat containing aluainun
trichloride and vanadiua trichloride froa a cheaicals aanufacturing
plant (a spent Baterial exhibiting the characteristic of corrosivity)
is processed to recover vanadium for coaaerclal applications.
What is the status of the spent catalyst?
Questions:
1. Is the Material that is recycled a secondary Baterial?
IX) ye« I ] no
If yes, go on to question (2).
If no, the aatarial is not a solid waste.
2. Is the aaterial hazardous? (A Baterial 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 froa the
definition of hazardous waste under 40 CFR 261.4(b).)
CXJ y*« I ] no
If yes, go on to question (3).
If no, the aaterial is not a solid waste.
3. Is the aaterial specifically excluded froa the definition of
Bolid waste under 40 CFR 261.4(a) (see the list in Exhibit
5)?
[ ] y«" tX] no
If yes, the aaterial is not a solid waste.
If no, go on to question (4).
4. is the aaterial Inherently waste-like (see the list in
Exhibit 4)?
[ ] Y«» IX) no
If yes, the aaterial is a solid waste. See applicable
regulations, below.
If no, go on to question (5).
5. Does the activity serve a beneficial use?
IX) 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 Beans for recycling the waste?
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 aaterial 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 aaterial a coaaerclal cheaical product that
' exhibits a hazardous waste characteristic or is listed
as a hazardous waste in 40 CFR 261.33?
t ) y«» [ ) no
If yes, qo on to question (7).
If no, the practice is speculative accuaula-
tion, and the aaterial is a solid
waste. See applicable regulations,
below.
7. Is the Baterial placed on the ground or used in a product
that is placed on the ground?
C 1 y«" (X) no
If yes, go on to question (7a).
If no, go on to question (8).
7a. Is the aaterial a coaaerclal cheaical product that
exhibits a hazardous waste characteristic or is listed
in 40 CFR 261.33 that is produced for application to
the land?
I ] yes ( ) no
If yes, the aaterial is not a solid waste.
If no, the activity results in use constitu-
ting disposal and the aaterial is a
solid waste. See applicable regula-
tions, below.
8. Is the naterial used as a fuel or used to produce a fuel?
( ) yes (X) no
If yes, go on to question (8a).
If no, go on to question (9).
-------
8a. la the Material a coMMercial cheMlcal product that
exhibita a hazardous waste characteristic or is listed
in 40 CFR 261.33 and that ia produced to be burned aa
fuel?
I ] yaa ( 1 no
If yaa, the Material la not a solid waste.
If no, the activity resulta in burning for
energy recovery, and the aaterlal is
a solid waste. See applicable regu-
lationa, below.
Is the Material used or reused
[ J aa an ingredient in an induatrial process to sake'
a new product without intermediate reclamation
(regeneration or recovery of Materials),
( ] as an effective substitute for conMercial 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 proceaa)?
If any of the above apply, the activity is use or
reuaa, and the Material ia 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 [ J no
If yes, the activity is reclaMation. Go on to question
(10a).
If no, pleaae 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 cheMlcal products,
which are liated under 40 CFR 261.33),
(X] 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
(10b).
10b. Ia the Material
( ] either a aludge or a by-product that
exhibits one of the characteristics of a
hazardous waste given in 40 CFR 261.20-
.24, and that ia not listed under 40 CFR
261.31-.32, or
( ] a coMMercial cheMlcal product that exhi-
bits a hazardous waate character1stic or
is listed under 40 CFR 261.33?
If any of the above apply, the Material ia
not a solid waate.
If none of the above apply, please review the
definitions of activitiea in this Manual
and reconsider your answers, or call the
RCRA Hotline for assistance.
Applicable Regulatlona:
1. Is the waste exeMpt froM regulation (aee the list in
Exhibit 6)?
( ] y*« IX) no
If yes, the Material is not regulated.
If no, the Material is regulated. See IteM (2), below.
2. The generator of the apent catalyst is subject to requireaenta
under 40 CFR 262. Transporters of the catalyst are aub)ect to
requireMenta 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 Subparta A through L.
Generators who store the catalyat 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 catalyat Must be Managed as hazardous
wastes, if they theMselves exhibit any hazardoua waste
characteristics.
Discussion:
Because Material with value — vanadluM — la recovered froM the
catalyst, the activity la claasifled as reclaMation. Characteristic
spent Materials that are reclaiMed are aolid wastes, and are thua
subject to RCRA Subtitle C regulation.
-------
RECLAMATION - SPENT MATERIAL 9
Description of Actlvlty>
spent contaminated solvents from the Manufacture of printed
circuit boards (spent Materials listed under EPA Hazardous Naste Nos.
rooi-FOOS) are regenerated through activated carbon adsorbers. The
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?
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. 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).)
(*] y«« 1 ] n«»
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)?
[ 1 y*« t*l 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)?
C 1 yes IXJ 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 ( 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?
1X1 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) yes ( ] no
If yes, go on to question (7).
If no, go on to question (6b).
6b. Is the Material a coMMercial cheMlcal product that
- exhibits a hazardous waste characteristic or is listed
as a hazardous waste in 40 crR 261.33?
I 1 yes J ] no
If yes, go on to question (7).
If no, the practice is speculative
accuMUlation, and the Material is a
solid waste. Sse applicable
regulations, below.
Is the Material placed on the ground or ussd in a product that 1b
placed on the ground?
t ] y«" IX) no
If yes, go on to question (7a).
If no, go on to question (S).
7a. Is the material a coMMercial cheMlcal product that
exhibits a hazardous waste characteristic or is listed
in 40 CFR 261.33 that is produced for application to
the land?
I ) yes ( 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?
t ) y®» [X] no
If yes, go on to question (8a).
If no, go on to question (9).
-------
8a. Ia the material a commercial chemical product that
•xhibita a hazardoua waata charactariatlc or ia listed
in 40 CFR 261.33 and that ia produced to be burned as
fuel?
[ ] yaa I J no
If yaa, the material la not a aolid vaete.
If no, the activity reaulta in burning for
energy recovery, and the Material is a
aolid waste. See applicable
regulations, below.
9. Is the Material used or reused
[ ] as an ingredient in an industrial process to iaU
a new product without intermediate reclaaation
(regeneration or recovery of Materials),
I J as an effective substitute for couercial producta
in a particular function or application, or
[ ] aa 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 uae or
reuaa, and the Material ia not a aolid waate.
If none of the above apply, go on to queation (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
(10a).
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
(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
(10b).
I
10b.
( ) 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 produot that ex-
hibita a hazardoua waata characteriatla
or ia Hated under 40 CFR 261.33?
If any of the above apply, the material la
not a aolid waate.
If none of the above apply, pleaae review
the definltiona of actlvltiaa in this
manual and reconsider your answers, or
call the RCRA Hotline for assistance.
Applicable Regulations
1. Is the waste exempt from regulation (ssa the liat in Exhibit 6)?
t 1 y*» (X) no
If yea, the material is not regulated.
If no, the material la regulated. See item (2), below.
2. The generator of the apent aolventa la aubject to requirements
under 40 CFR 262. Tranaportera of the apent aolventa are aubjact
to requirementa under 40 CFR 263. Generatora recycling the spent
aolventa on-aita, off-alta recyclera and other parties handling
the spent solvents prior to recycling may be aubjact to atorage
facility requirementa under 40 CFR 264 and 265 Subparta A through
L. Generatora who store the apent aolventa for no more than 90
daya in tanks or contalnera prior to recycling are subject only
to the requirements for accumulation under 40 CFR 262.34. Tha
reclamation process itself is not regulated. Any reaidues derived
from recycling the spent solvents must be .managed as hazardous
wastes.
Discussion:
Because the solvents are regenerated by carbon adaorptlon and
distillation, tha activity la defined aa reclaaation. Listed apent
materlala that are reclaimed are aolid wastea and thus are aubject to
RCRA Subtitle C regulation.
-------
RECLAMATION - SPENT MATERIAL 10
Inscription of Activity»
Contaminated aethylene chloride that was used as a solvent in
industrial applications (a halogenated spent aaterial listed under EPA
Hazardous Haste No. F002) is regenerated through distillation and
reused in the original process.
What Is the status of the contaainated solvent?
Questionsi
1. Ib the aatarlal that is recycled • secondary aaterlal?
IX] y*» C ] no
If yes, go on to question (2).
If no, the aatarlal is not a solid waste.
2. Is the aatarlal 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 froa the definition of hazardous
waste under 40 CPR 261.4(b).)
(X] yes ( ] no
If yea, go on to question (3).
If no, the aatarlal is not a solid waste.
3. Is the aatarlal specifically excluded froa the definition of
solid waste under 40 CFR 261.4(a) (see the list in Exhibit 5)?
I 1 (XI no
If yes, the aaterlal is not a solid waste.
If no, go on to question (4).
4. is the aatarlal inherently waste-like (see the list in Exhibit 4)?
I 1 (X) no
If yes, the aaterlal 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 t ) no
If yes, go on to question (6).
If no, the activity is not recycling, and the aaterial
is a solid waste. See applicable regulations,
below.
6. Is there a feasible Beans 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 aaterial 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 aaterlal a coaaarcial chealcal product that
exhibits a hazardous waste characteristic or is listed
As a hazardous waste in 40 CPR 261.33?
I ) Y«» I ] no
If yes, go on to question (7).
If no, the practice is speculative
accuaulation, and the aaterial is a
solid waste. See applicable
regulations, below.
7. Is the aaterial placed on the ground or used in a product that is
placed on the ground?
C 1 y«» IX) no
If yes, go on to question (7a).
If no, go on to question (8).
7a. Is the aaterlal a coaaerclal chealcal product that
exhibits a hazardous waste characteristic or is listed
in 40 CFR 261.33 that is produced for application to
the land?
( ] yes [ 1 no
If yes, the aaterlal is not a solid waste.
If no, the activity results In use
constituting disposal and the aaterial
is a solid waste. See applicable
regulations, below.
8. is the aaterial 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).
-------
8a. Is tha material a comMrcial chemical product that
•xhlbita a hazardous wast* characteristic or is listed
in 40 era 261.33 and that is produced to be burned as
fuel?
t J yes I J no
If yea, the Material is not a solid waste.
If no, the activity reaults in burning for
energy recovery, and the Mterial is a
solid waste. See applicable
regulations, below.
Is the aaterial used or reused
[ ] as an ingredient in an industrial process to maVe
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
( 1 as a substitute for raw Mterial feedstock in the
priMry production process from which it was
generated, without being first reclaimed (a
oloaed-loop process)?
If any of the above apply, the activity is use or
reuse, and the Mterial 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 Mterial?
[X] yes ( ) no
If yes, the activity la reolaMtion. Go on to question
(10a).
If no, pleas* review tha definitions of activities in
this Mnual and reconsider your answers, or
call the RCRA Hotline for assistance.
10a. Is the Mterial
(X) a hazardous waata listed under 40 CPR
261.31 or 261.32 (this provision
excludes commercial chemical products,
which are listed under 40 CPR 261.33),
[ ] a spent Mterial exhibiting one of the
characteriatics of a hazardous waste
given in 40 CPR 261.20-.24, or
( ) a acrap metal?
If any of the above apply, the Mterial is
a solid waste. See applicable
regulations, below.
If none of the above apply, go on to question
(10b).
10b. Is the material
( ) either a sludge or a by-product that
exhibits one of the characteristics of a
hazardoua 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 a hazardous waste characteristic
or is listed under 40 CPR 261.33?
If any of the above apply, the Mterial is
not a aolid waste.
If none of the above apply, pleaae review
the definitlona 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 ) y« I*] no
If yes, the Mterial is not regulated.
If no, the material la regulated. See item (2), below.
2. The generator of the contaminated methylene chloride is subject
to requlreMnts under 40 CPR 262. Tranaportera of the
contaminated methylene chloride are subject to requirements under
40 CPR 263. Generators recycling the Mthylene chloride on-site,
off-site recyclers and other parties handling the methylene
chloride prior to recycling may be aubject to storage facility
requirements under 40 CPR 264 and 265 Subparts A through L.
Generators who store the Mthylene chloride 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. The
reclamation process Itself is not regulated. Residues derived
from recycling the Mthylene chloride' must be managed as
hazardous wastes.
Discussioni
Becauae the contaminated methylene chloride is regenerated, the
activity is classified as reclaMtion. Listed spent materials that
are reclaimed are solid wastes and are thus aubject to RCRA Subtitle C
regulation.
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RECLAMATION - SPENT MATERIAL 11
Description of Activity<
Splint acid froa a brass aill (a spent aaterial exhibiting the
characteristics of corroslvity and EP-toxlclty) is reclalaed for its
copper content. The copper is then reused as an ingredient In the
production of brass. The regenerated acid is returned to its original
use.
what is the status of the spent acid?
Questions:
1. Is the aatarlal that is recycled a secondary aaterial?
IX] y*« t 3 no
If yes, go on to question (2).
If no, the aaterial is not a solid waste.
2. Is the aaterial hazardous? (A aaterial 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 froa the definition of hazardous
waste under 40 CFR 261.4(b).)
[X] yes J ) no
If yes, go on to question (3).
If no, the aaterial is not a solid waste.
3. Is the aaterial specifically excluded froa the definition of
solid waste under 40 CFR 261.4(a) (see the list in Exhibit 5)?
t 1 y«» IX] no
If yes, the aaterial is not a solid waste.
If no, go on to question (4).
4. Is the aaterial Inherently waste-like (see the list in Exhibit 4)?
( 1 y«« (X] no
If yes, the aaterial Is a solid waste. See applicable
regulations, below.
If no, go on to question (3).
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 aaterial
is a solid waste. See applicable regulations,
below.
6. Is there a feasible aeans 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 aaterial recycled within
one calendar year?
(XJ yes t ) no
If yes, go on to question (7).
If no, go on to question (6b).
6b. Is the aaterial a coaaercial chealcal product that
exhibits a hazardous waste characteristic or is listed
as a hazardous waste in 40 CFR 261.33?
t ] yes J ) no
If yes, go on to question (7).
If no, the practice is speculative accuaula-
tion, and the aaterial is a solid
waste. See applicable regulations,
below.
7. Is the aaterial placed on the ground or used in a product that
placed on the ground?
I 1 y*» IX) no
If yes, go on to question (7a).
If no, go on to question (I).
7a. Is the aaterial a coaaercial chealcal 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 aaterial is not a solid waste.
If no, the activity results in use constitu-
ting disposal and the aaterial is a
solid waste. See applicable regula-
tions, below.
8. Is the aaterial 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).
-------
8*. te tha material a commercial chaalcal product that
•xhlblta a hazardoua waata charactariatlc or ia Hated
In 40 CPR 261.33 and that la produced to ba burned aa
fuel?
[ ] yaa ( ] no
If yaa, the material la not a aolld waata.
If no, the activity raaulta In burning for
energy recovery, and the material la
a aolld waata. 8ae applicable regu-
lations, below.
Is the aaterlal uaad or rauaed
[ ) aa an ingredient In an lnduatrlal procaaa to sake
a new product without Intermediate reclamation
(regeneration or recovery of aateriala),
[ ] as an effective aubstltute for commercial products
in a particular function or application, or
( J aa a aubatituta for raw material feedatock in the
primary production proceas from which it was
generated, without being flrat reclaimed (a
cloaed-loop process)?
If any of the above apply, tha activity ia uaa or
reuae, and the material is not a aolld waate.
It none of tha above apply, go on to quaation (10).
Is tha material regenerated or are materials with value
recovered from the original material?
[X) yes ( ) no
If yes, the activity la reclamation. Go on to queatlon
(10a).
If no, pleaaa review the definitions of activltiea in
this manual and reconsider your anawers, or
call the RCRA Hotline for aaalstanca.
10a. Ia tha material
( ] a hazardoua waate liated under 40 CPU
261.31 or 261.32 (this proviaion
excludea commercial chemical producta,
which are liated under 40 CPR 261.33),
(X] a spent material exhibiting one of the
characterlatica of a hazardoua waate
given in 40 CPR 261.20-.24, or
( ] a acrap metal?
If any of the above apply, • the material ia a
aolld waste. See applicable regula-
tions, below.
If none of the above apply, go on to question
(10b).
10b. Is tha material
( ) either a aludga or a by-product that
exhibits one of the characteristics of a
hazardoua waate given in 40 CPR 261.20-
.24, and that is not listed under 40 CPR
261.31-.32, or
[ ) a commercial chemical product that exhl-
bita a hazardoua waata charactariatlc or
ia liatad under 40 CPR 261.33?
If any of the above apply, tha material ia
not a solid waate.
If none of the above apply, pleaaa review the
daflnitlona of activltiea in this manual
and reconalder your anawera, or call the
RCRA Hotline for aaalatanca.
Applicable Regulatlona>
1. Is the waate exempt from regulation (see tha list in Exhibit 6)?
I ] y*» (X] no
If yes, tha material is not regulated.
If no, the material la regulated. Sea item (2), below.
2. The generator of the waata acid is subject to requirements under
40 CPR 262. Tranaporters of the epent acid are subject to
requirements under 40 CPR 263. Generatora recycling the apent
acid on-site, off-site recyclers and other partlee handling the
apant acid prior to recycling may be aubjact to atoraga facility
requirements under 40 CFR 264 and 265 Subparta A through L.
Generatora who atora the apent acid for no more than 90 daya in
tanka or containers prior to recycling are aubject only to the
requlrementa for accumulation under 40 CPR 262.34. The reclama-
tion proceas itself la not regulated. Any reaiduea froa
recycling muat be managed aa hazardous waataa, if they themselves
exhibit any hazardoua waste characterlatica .
Dlacusslon;
Becauae the apent acid ia regenerated, and material with value —
copper — ia recovered, the activity ia claaaified aa reclamation.
Charactariatlc apent matariale that are reclaimed are aolld wastea and
thus are aubject to RCRA Subtitle c regulation.
See Alaot
Other - Non-Secondary Material 6
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RECLAMATION - SPENT MATERIAL 12
Description of Activity;
Spent carbon froa decolorlzation operations In the production of
veterinary pharmaceuticals from arsenic or organo-arsenic compounds (a
spent material listed under EPA Hazardous Waste No. K102) is
regenerated and reused in the original process.
What is the status of the spent carbon?
Questional
1. Is the aaterlal that is recycled a secondary aaterlal?
(XI y«» C 1 no
If yes, go on to question (2).
If no, the aaterlal is not a solid waste.
2. Is the aaterlal hasardous? (A aaterlal is hazardous if It is
listed under 40 CFR 261.30-.33 or exhibits one of the
characteristics of • hazardous wast* given In 40 CFR 261.20-.24,
and is not specifically excluded froa the definition of hazardous
^ vast* under 40 CFR 261.4(b).)
^ CXJ yea ( ] no
OQ If yes, go on to question (3).
If no, the aaterlal Is not a solid waste.
3. Is the aaterlal specifically excluded froa the definition of
solid waste under <" CFR 261.4(a) (see the list In Exhibit 5)?
t J y«» IX] no
If yes, the aaterlal is not a solid waste.
If no, go on to question (4).
4. Is the aaterlal inherently waste-like (see the list in Exhibit 4)?
( 1 y«» (X) no
If yes, the aaterlal 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 aaterlal
is a solid waste. See applicable regulations,
below.
6. Is there a feasible aeans for recycling the waste?
(X] 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 aaterlal recycled within
one calendar year?
(X) yes I ) no
If yes, go on to question (7).
If no, go on to question (6b).
6b. Is the aaterlal a coaaerclal cheaical product that
¦ exhibits a hazardous waste characteristic or is listed
as a hazardous waste in 40 CFR 261.33?
( ) y«» C ) no
If yes, go on to question (7).
If no, the practice is speculative
accuaulation, and the aaterlal is a
solid waste. See applicable
regulations, below.
7. Is the aaterlal 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 (8).
7a. Is the aaterlal a coaaerclal cheaical 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 aaterlal is not a solid waste.
If no, the activity results in use
constituting disposal and the aaterlal
is a solid waste. See applicable
regulations, below.
8. Is the aaterlal used as a fuel or used to produce a fuel?
I ) yes (X) no
If yes, go on to question (8a).
If no, go on to question (9).
-------
8«. 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 ] [ ] «w
If yes, tha Material is not a solid wasta.
If no, the activity results in burning for
energy recovery, and the aaterial is a
solid waste. See applicable
regulations, below.
Is the material used or reused
t ) aa 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?
(XJ yes ( J no
If yes, the activity is reclamation. Go on to question
(10a).
If no, please review the definitions of activities in
this manual and reconsider your answers, or
call tha RCRA Hotline for assistance.
10a. 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 CRF 261.33),
I 1 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
(10b).
10b. 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 tha above apply, the material is
not a solid waste.
If none of the above apply,' please review
tha 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 yas IX) no
If yes, the material is not regulated.
If no, the material is regulated. See item (2), below.
2. The generator of tha spent carbon is subject to requirements
under 40 CFR 262. Transporters of the spent carbon are subject
to requirements under 40 CFR 263. Generators recycling the apant
carbon on-site, off-site recyclers and other parties handling tha
spent carbon prior to recycling may be subject to storage facili-
ty requirements undsr 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 reclama-
tion process itself is not regulated. Residues derived trow
recycling the spent carbon must be managed'as hazardous wastes.
Discussion:
Because the spent carbon is regenerated prior to reuse, tha
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 13
Description of Activityt
An acid etching solution (a spent Material exhibiting the
characteristic of corroalvlty) la reclaimed (or Its zinc content. The
zinc Is then used as an Ingredient In paint manufacture.
What Is the status of the acid etching solution?
Questions:
1. Is the Material that is recycled a secondary Material?
[*] y«» [ ] 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).)
IX] yea [ ) 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)?
[ 1 [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«» IX) 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?
IX) 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?
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 material recycled within
one calendar year?
[XJ 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 y«» [ 1 no
If yes, go on to question (7).
If no, the practice la speculative accumula-
tion, and the Material la 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?
[ ) yes IX] no
If yea, go on to queation (7a).
If no, go on to question (¦).
7a. Is the Material a couercial 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 I ] no
It 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?
t ] ya« IX] no
If yes, go on to question (8a).
If no, go on to question (9).
-------
8a. Ia the Mterial a commercial chemical product that
exhibits a hazardous waste characteristic or la listed
in 40 CFR 261.31 and that is produced to be burned as
fuel?
I ] yes ( 1 no
If yes, tha Mterial is not • solid waata.
If no, tha activity reaults in burning for
energy recovery, and the material is
a solid waste. See applicable regu-
lations, below.
Is tha aaterial used or reused
[ ] as an Ingredient In an industrial process to Make,
a new product without inter*edlate reclamation
(raganeratlon or recovery of aaterials),
( ] as an effsctive substitute for coaaerclal products
in a particular function or application, or
I ) as • substitute for raw Mterial feedstock in the
primary production process froa which it was
generated, without being first reclaiMd (a
closed-loop process)?
If any of the above apply, the activity is use or
reuse, and the Mterial is not a solid waste.
If none of the above apply, go on to question (10).
Is the Mterial regenerated or are Materials with value
recovered from tha original Mterial?
[XJ yes [ J no
If yes, the activity is reclamation. Go on to question
(10a).
If no, .pleaae review the definitiona of activitiea in
thia Mnual and reconaider your anawera, or
call tha RCRA Hotline for assistance.
10a. Is tha Mterial
[ ) a hazardoua waste listed under 40 CFR
261.31 or 261.32 (this provision
excludes coaaerclal chemical products,
which are listed under CFR 261.33),
(X) a spent aaterial exhibiting one of the
characteristics of a hazardous waste
given in 40 CFR 261.20-.24, or
[ ] a scrap Mtal?
If any of the above apply, the Mterial is a
solid waste. See applicable regula-
tions, below.
If none of the above apply, go on to question
(10b).
lob.
t ] 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 chealcal product that exhi-
bits a hazardous waste characteristic or
is listed under 40 CFR 261.33?
If any of the above apply, the Mterial is
not a solid waste.
If none of the above apply, please review the
definitions of activities in this aanual
and reconsider your answers, or call tha
RCRA Hotline for assistance.
Applicable RegulationsI
1. Is the waste exeapt froa regulation (sea the list in Exhibit 6)?
t ] y«a (X] no
If yea, the aaterial ia not regulated.
If no, the aaterial ia regulated. See ltea (2), below.
2. The generator of the acid etching aolution ia aubject to requlre-
aenta under 40 CFR 262. Tranaportera of tha acid etching aolu-
tion are aubject to requireaenta under 40 CFR 263. Generatora
recycling the acid etching aolution on-alte, off-alte recyclers
and other parties handling tha acid etching solution prior to
recycling Bay be subject to storage facility requirements under
40 CFR 264 and 265 Subparts A through L. Generators who store the
ecld etching solution for no aore than 90 days in tanks or con-
tainers prior to recycling are subject only to the requirements
for accuaulatlon under 40 CFR 262.34. The reclaaation process
itself is not regulated. Residues ftoa recycling the acid
etching aolution auat be Mnaged aa hazardoua waataa if they
theaselves exhibit any hazardous waste characteristics.
Diacuaaion:
Becauae aaterial with value — the tine — ia reclaimed froa the
waate, the activity la claaalfled aa reclaaation. Characteristic
apent Mteriala that are reclaiMd are solid waatea and are thus
aubject to RCRA Subtitle C regulation.
See Alsoi Use Constituting Dlspossl - Spent Material 1
Other - Non-Secondary Material 7
Other - Non-Hazardous Secondary Material 3
Other - Non-Hazardous Secondary Material 4
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RECLAMATION - SPENT MATERIAL 14
Description of Activity!
Spent pickle liquor (a spent aaterial listed under EPA Hazardous
Haste No. K062) Is regenerated by a liquid-liquid extraction process,
and reused in steel pickling operations.
What is the status of the spent pickle liquor?
Questions;
1. Is the material that is recycled a secondary aaterial?
1*1 y*» t ] no
If yes, go on to question (2).
If no, the aaterial is not a solid waste.
2. Is the aaterial hazardous? (A aaterial is hazardous 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 hazardous
waste under 40 CFR 261.4(b).)
CXI y*» t 1 no
If yes, go on to question (3).
If no, the aaterial is not a solid waste.
3. Is the aaterial specifically excluded froa the definition of
solid waste under 40 CPR 261.4(a) (see the list in Exhibit 5)?
I ) yes IX] no
If yes, the aaterial, is not a solid waste.
If no, go on to question (4).
4. Is the aaterial inherently waste-like (see the list in Exhibit 4)?
( J yes [X] no
If yes, the aaterial is a solid waste. See applicable
regulations, below.
If no, go on to question (5).
5. Does the activity serve a beneficial use?
IX] yes [ ) no
If yes, go on to question (6).
If no, the activity is not recycling, and the aaterial
is a solid waste. See applicable regulations,
below.
6. Is there a feasible Beans for recycling the waste?
(Xj 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 aaterial recycled within
one calendar year?
t*J y«» I J no
If yes, go on to question (7).
If no, go on to question (6b).
6b. Is the aaterial a coaaercial chealcal product that
' exhibits a hazardous waste characteristic or is listed
as a hazardous waste in 40 CFR 261.33?
( ) yes ( ) no
If yes, go on to question (7).
If no, the practice is speculative
accuaulation, and the aaterial is a
solid waste. Sea applicable
regulations, below.
7. Is the aaterial placed on the ground or used in a product that is
placed on the ground?
t 1 y«« [X] no
If yes, go on to question (7a).
If no, go on to question (8).
7a. Is the aaterial a coaaercial chealcal 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 yea, the aaterial is not a solid waste.
If no, the activity results in use
constituting disposal and the aaterial
is a solid waste. See applicable
regulations, below.
8. Is the aaterial used as a fuel or used to produce a fuel?
( 1 y«» |XJ no
If yes, go on to question (8a).
If no, go on to question (9).
-------
Ba. Ia the material a commercial chemical product that
exhibit* a hazardous waste characteristic or Is listed
In 40 era 261.33 and that is produced to be burned as
fuel?
[ ] yes t ) 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.
Is the material used or reused
t ] 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).
la the material regenerated or are materials with value
recovered from the original material?
[X] yes [ J no
If yes, the activity is reclamation. Go on to question
(10a).
If no, please review the definitions of activities in
this manual and reconsider your answers, or
call the BORA Hotline for assistance.
10a. Is the material
[X] a hazardous waste listed under 40 CFR
261.31 or 261.32 (this provision
exclude* 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
(10b).
10b. 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
( ] a commercial chemical product that
exhibits a hazardous 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)?
t 1 y«« IX] no
If yes, the material la not regulated.
If no, the material i* regulated. 8ee item (2), below.
2. 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. Generators
recycling the spent pickle liquor on-site, off-site recyclers and
other parties handling the spent pickle liquor prior to recycling
may be subject to storage facility requirements under 40 CFR 264
and 269 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 CFR 262.34. The reclamation process itself
Is not regulated. Any residues derived from recycling the spent
pickle liquor must be managed as hazardous' wastes.
Discussion:
Because the pickle liquor is regenerated prior to reuse, the
activity 1* classified as reclamation. Listed spent materials that
are reclaimed are solid wastes and are thus subject to RCRA Subtitle C
regulation.
-------
RECLAMATION - SPENT MATERIAL IS
Descrlpt ton of Activity:
Spent bright dipping solution — a phosphoric acid/nitric acid
solution — (a spent aaterlal exhibiting tha characteristic of
corrosivLty) goes through an Ion axchanga process. Aluainua Is
racov«r<
-------
8a. Ia the Material a coaaercial Chen leal product that
•xhlbita a hazardous vaata characteristic or ia liated
In 40 CFR 261.33 and that ia producad to ba burned aa
fual?
I ) yaa [ I no
If yaa, tha aatarial ia not a aolid vaata.
If no, tha activity ra8ulta in burning for
energy recovery, and tha aatarial ia
a aolld vaata. Sea applicable regu-
lations , belov.
Is the material uaed or rauaed
[ ] aa an ingredient in an induatrial process to sake
a new product vithout intermediate reclaaation
(regeneration or recovery of aateriala),
[ ) aa an effective aubatituta for coaaercial producte
in a particular function or application, or
( ) aa a aubatituta for raw aatarial feedstock in the
priaary production proceaa froa which it vaa
generated, vithout being firat raclaiaed (a
cloaad-loop proceaa)?
If any of tha above apply, the activity ia uae or
reuae, and the aaterial ia not a aolid vaata.
If none of the above apply, go on to queation (10).
Is the aatarial regenerated or are aateriala vith value
recovered froa the original aatarial?
(X) yaa [ 1 no
If yaa, the activity ia raclaaation. Go on to queation
(10a).
If no, plaaae reviev the definitiona of activitiea in
thia aanual and reconaider your answers, or
call the RCRA Hotline for aaaiatance.
10a. la tha aaterial
( ] a hazardous vaata liated under 40 CFR
261.31 or 261.32 (thia provieion
excludea coaaercial cheaical producta,
which are liated under VFR 261.33),
(X] a spent aaterial exhibiting one of the
charactariatica of a hazardoua vaata
given in 40 CFR 261.20-.24, or
I J a acrap aatal?
If any of the above apply, the aaterial ia a
aolld waste. See applicable regula-
tions, below.
If nona of the above apply, go on to question
(10b).
10b. Is the aaterial
( ) either a sludge or a by-product that
exhibits one of the charactariatica of a
hazardoua vaata given in 40 CFR 261.20-
.24, and that ia not liated under 40 CFR
261.31-.32, or
( ] a coaaercial cheaical product that exhi-
bita a hazardoua vaata characteriatic or
ia liated under 40 CFR 261.33?
If any of the above apply, the aaterial ia
not a aolld vaata.
If nona of the above apply, plaaae reviev the
definitiona of activitiea in thia aanual
and reconaider your anavera, or call tha
RCRA Hotline for aaaiatance.
Applicable Regulations:
1. Ia the vaata exeapt froa regulation (aae the liat in Bxhibit 6)?
I 1 yaa (X) no
If yea, tha aatarial ia not regulated.
If no, the aaterial ia regulated. See ltea (2), belov.
2. The generator of tha apent bright dipping solution ia aubject to
requlreaenta under 40 CPR 262. Tranaportera of tha apent bright
dipping aolution are aub]act to requlreaenta under 40 CFR 263.
Generatora recycling the apent bright dipping aolution on-alte,
off-site recyclere and other partlea handling tha apent bright
dipping aolution prior to recycling aay be aubject to atorage
facility requlreaenta under 40 CFR 264 and 265 Subparts A through
L. Generators vho atora tha apant bright dipping aolution for no
aora than 90 daya in tanks or containers prior to recycling are
subject only to the requlreaents for accuaulation under 40 CFR
262.34. The reclaaation process itself is not regulated. Resi-
dues derived froa recycling the spent bright dipping solution
aust be aanaged as hazardous vastas, if they theaselves exhibit
any hazardous vaata characteriatlcs.
Discussion:
Tha initial ion exchange process is a raclaaation step.
Characteristic spent aateriala that are reclalaed are solid vastes,
and are thua aubject to RCRA Subtitle C regulation.
See Also; Reclaaation - Spent Material 16
Reclaaation - Spent Material 17
-------
RECLAMATION - SPENT MATERIAL 16
Description of Activity:
Spent bright dipping solution — a phosphoric acid/nitric acid
solution — (a spent material exhibiting the characteristic of corro-
sivlty) goes through an ion exchange process. Aluminum is recovered
from the resin (which is EP-toxic) and is treated with sulfuric acid
to produce aluminum sulfate. The liquid (which also exhibits corrosl-
vity) is further evaporated and recondensed to remove impurities, and
the purified acid is reused in the bright dipping process.
Nhat is the status of the corrosive liquid that must be
evaporated and recondensed before reuse?
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.
t. Is the material hazardous? (A material is hazardous if it is
. listed under 40 CFR 261.30-.33 or exhibits one of the
X) characteristics of a hazardous waste given in 40 CFR 261.20-.24,
I and is not specifically excluded from the definition of hazardous
waste under 40 CPR 261.4(b).)
(XJ 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
solid waste under 40 CFR 261.4(a) (see the list in Exhibit 5)?
( ) y«» (XJ1no
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«s (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.
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?
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?
( ] yes ( ) 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 ii
placed on the ground?
( 1 y*» [X] no
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 waste characteristic or is listed
in 40 CFR 261.33 that is produced for application to
the land?
( ) yes I 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.
8. is the material used as a fuel or used to produce a fuel?
[ 1 y«« tX) no
If yes, go on to question (8a).
If no, go on to question (9).
-------
8a. Ia the material a commercial chemical product that
•xhlbita a hazardous waste charactaristic or ia Hated
in 40 crR 261.33 and that is produced to ba burned as
fuel?
[ J yes [ J no
If 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
regulations, below.
is the Material uaed or reused
[ ] as an ingredient in an industrial process to like
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)?
If any of tha above apply, the activity is use or
reuse, and tha material Is not a solid waste.
If none of the above apply, go on to question (10).
Ia 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
(10a).
If no, please review tha definitions of activities in
this manual and reconsider your answers, or
call the RCM Hotline for assistance.
10a. 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 crR 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
(10b).
10b.
( ] 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 actlvitiee In this
manual and reconsider your answers, or
call tha RCRA Hotline for assistance.
Applicable Regulations
1. Ia tha process exempt from regulation (see the list in Exhibit
6)?
[ J yas (X] no
If yes, the material is not regulated.
If no, the material is regulated. See item (2), below.
2. The generator of the liquid Is subject to requirements under 40
CFR 262. Transporters of the liquid are subject to requirements
under 40 CFR 263. Generators recycling the liquid on-site, off-
site recyclers and other parties handling the liquid prior to
recycling may be subject to storage facility requirements under
40 CFR 264 and 269 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 for accumula-
tion under 40 CFR 262.34. The reclamation.process itself is not
requlated. Realdues derived from recycling must be managed as
hazardous wastes, if they themselves exhibit any hazardous waste
characteristics.
Discussion:
The liquid is a product of the reclamation of a characteristic
spent material. Such materials ara not solid wastes themselves unless
they exhibit a hazardous characteristic and (a) ara placed on the
ground in a manner constituting disposal, (b) ara burned as a fuel, or
(c) must be further reclaimed before they can be reused. In this case
the liquid exhibits corrosivity, and further reclamation steps —
evaporation and recondensatlon — are required before the liquid can
be reused. Thus the liquids are solid wastes and therefore ara sub-
ject to RCRA Subtitle C regulation.
See Also;
Reclamation - Spent Material 15
Reclamation - Spent Material 17
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RECLAMATION - SPENT MATERIAL 17
Dcacrlptlon of Activity;
Spent bright dipping solution — a phosphoric acid/nitric acid
solution — (a spsnt aaterial exhibiting tha characteristic of
corronivlty) goas through an Ion exhange process. Aluainun is
recovered froa tha resin (which is EP-toxic), and is treated with
sulftiria acid to produce aluainua aulfate. Tha liquid (which also
exhibits corroslvity) is further evaporated and recondensed to remove
impurities, and tha purified acid is reused in the bright dipping
process.
What is tha status of tha rasin prior to being reclaimed?
Questions:
1. Is the saterial that is recycled a secondary Material?
(X) yes ( ] no
If yes, go on to question (2).
If no, tha aaterial is not a solid waate.
2. Is the saterial hazardous? (A aaterial 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 froa the definition of hazardous
waste under 40 CFR 261.4(b).)
t*l t ] no
If yes, go on to question (3).
If no, tha aaterial is not a solid wasta.
3. Is the aaterial specifically excluded froa the definition of
solid waste under 40 CFR 261.4(a) (see the list in Exhibit 5)?
I 1 y«» IX] no
If yes, tha aaterial is not a solid waste.
If no, go on to question (4).
4. is the aaterial Inherently waate-like (see the list in Exhibit 4)?
( 1 y*» [X] no
If yas, tha aaterial la a solid wasta. See applicable
regulationa, below.
If no, go on to question (3).
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 aaterial
is a solid waste. See applicable regulations,
below.
6. Is there a feasible Beans for recycling the waste?
(X) yes [ ) no
If yes, go on to question (6a).
If no, go on to question (6b).
6a. la at least 75 percent of the aaterial recycled within
one calendar year?
[*] yes I ) no
If yas, go on to question (7).
If no, go on to queation (6b).
6b. Is the aaterial a coaaercial chaaical product that
exhibits a hazardous waste characteristic or ia listed
as a hazardous waste in 40 CFR 261.33?
[ ] yes ( ) no
If yes, go on to question (7).
If no, the practice is speculative
accuaulation, and tha aaterial is a
aolid waata. See applicable
regulationa, below.
7. Is tha aaterial placed on the ground or uaed in a product that i
placed on the ground?
[ 1 y«« (X] no
If yes, go on to question (7a).
If no, go on to question (8).
7a. Is the aaterial a coaaercial chealcal product that
exhibits a hazardous wasta characteristic or is listed
in 40 CFR 261.33 that is produced for application to
the land?
I ] yas ( ) no
If yes, the aaterial la not a solid waste.
If no, the activity results in use
constituting disposal and the aaterial
ia a solid waste. See applicable
regulationa, below.
8. Is the aaterial used aa a fuel or used to produce a fuel?
I ] yas [X] no
If yes, go on to question (8a).
If no, go on to question (9).
-------
fill. Is the aaterlal • commercial cheaical product that
exhibits a hazardous waste characteristic or is listed
in 40 CFR 261.33 and that is produced to be burned as
fuel?
t J yes t J no
It yes, the aaterlal is not a solid waste.
If no, the activity results in burning tor
energy recovery, and the aaterlal Is a
¦olid waste. See applicable
regulations, below.
is the aaterlal used or reused
( ) as an ingredient In an industrial process to aak<
a new product without interaediate reclaaation
(regeneration or recovery of aaterlals),
[ ] as an effective substitute for coaaercial products
in a particular function or application, or
I 1 as a substitute tar raw aaterlal feedstock In the
prlaary production process froa which It was
generated, without being first reclaiaed (a
closed-loop process)?
Xf any of the above apply, the activity Is use or
reuse, and the aaterlal Is not a solid waste.
If none of the above apply, 90 on to question (10).
la the aaterlal regenerated or are aaterlals with value
recovered froa the original aaterlal?
(X) yes [ ) no
If yes, the activity 1s reclaaation. Go on to question
ClOa).
If no, please review the definitions of activities in
this aanual and reconsider your answers, or
call the km Hotline for assistance.
10a. is the aaterlal
( ) a hazardous waste listed under <0 CFR
281.31 or 261.32 (this provision
excludes coaaercial cheaical products,
which are listed under CFR 261.33),
(X] a spent aaterlal exhibiting one of the
characteristics of a hazardous waste
given in 40 CFR 261.20-.24, or
( ] a scrap aetal?
If any of the above apply, the aaterlal is
a solid waste. See applicable
regulations, below.
If none of the above apply, go on to question
(10b).
10b. Is the aaterlal
( ) either a sludge or a by-product that •
exhibits one of the characteristics of a
hazardous wasts given in 40 CFR 261.20-
.24, and that is not listed under 40 CFR ¦
261.31-.32, or
t ) a coaaercial cheaical product that
exhibits a hazardous waste
characteristic or is listed under 40 CFR
261.33?
It any of the above apply, the aaterlal is
not a solid waste.
If none of the above apply, please review
the definitions of activities in this
aanual and reconsider your answers, or
call the RCRA Hotline for assistance.
Applicable Regulations
1. Is the waste exempt froa regulation (see the list in Exhibit 6)?
C 1 I*] »»
It yes, the aaterlal Is not regulated.
If no, the aaterlal is regulated, see itea (2), below,
2. The generator of the 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-site, off-
site recyclers and other parties handling the resin prior to
recycling aay be subject to storage facility requirements under
40 CFR 264 and 269 Subparts X through L. Generators who store the
resin for no aore than 90 days in tanks or containers prior to
recycling are subject only to the requirements for accumulation
under 40 CFR 262.14. The reclaaation process Itself is hot
regulated. Residues (roa recycling aust be aanaged as hazardous
wastes, if they theaaelves exhibit aAy hazardous waste
characteristics.
Discuss ion 1
The resin is a residue derived froa the reclaaation of a
characteristic spent aaterlal. Such residues are solid wastes if they
theaselves exhibit a hazardous characteristic. In this case, the
resin (which exhibits EP-toxicity) is further reclaiaed for its
aluainua 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.
See also;
Reclaaation - Spent Material 15
Reclaaation - Spent Material 16
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RECLAMATION - SPENT MATERIAL 18
Description of Activity*
Spent solvents contaminated by Ink* used In the printing and
publishing (graphic arta) Industry (spent Materials listed under EPA
Hazardous Waste No. K086) are recovered in carbon adsorption systens,
regenerated and returned to their original use.
What is the status of the spent solvents?
Questions:
1. Is the Material that is recycled a secondary Material?
[X] yea I ] no
If yes, go on to question (2).
If no, the aaterial is not a solid waste.
2. Is the aaterial hazardous? (A aaterial 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 froa the definition of hazardous
waste under 40 CFR 261.4(b).)
X» (X) yes I ) no
t
J9 If yes, go on to question (3).
O If no, the aaterial Is not a solid waste.
3. is the aaterial specifically excluded froa the definition of
solid waste under 40 CFR 261.4(a) (see the list in Exhibit 5)?
( ] (X] no
If yes, the aaterial is not a solid waste.
If no, go on to question (4).
4. Is the aaterial inherently waste-Ilka (see the list in Exhibit 4)?
I 1 [X) no
If yes, the aaterial 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 I ] no
If yes, go on to question (6).
If no, the activity is not recycling, and the aaterial
is » solid waste. See applicable regulations,
below.
6. Is there a feasible aeans 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 aaterial recycled within
one calendar year?
t*l y«« I ] no
If yes, go on to question (7).
If no, go on to question (6b).
6b. is the aaterial a coaaercial chaalcal product that
. exhibits a hazardous waste characteristic or is listed
as a hazardous waste In 40 CFR 261.33?
C 1 y" I 1 no
If yes, go on to question (7).
If no, the practice is speculative
accumulation, and the aaterial Is a
solid wasta. Sea applicable
regulations, below.
7. Is the aaterial placed on the ground or used in a product that 1
placed on the ground?
I 1 y*« (X) no
If yes, go on to question (7a).
If no, go on to question (8).
7a. Is the aaterial a coaaercial cheaical product that
exhibits a hazardous waste characteristic or is Hated
In 40 CFR 261.33 that is produced for application to
the land?
( ] yes t ] no
If yes, the aaterial Is not a solid waste.
If no, the activity results In use
constituting disposal and the aaterial
is a solid waste. See applicable
regulations, below.
8. Is the aaterial used as a fuel or used to produce a fuel?
I 1 y«a (X] no
If yes, go on to question (8a).
If no, go on to question (9).
-------
fla. Ia the Material a commercial chemical product that
exhibits a hazardous wast* characteristic or is listed
in 40 cm 261.33 and that is produced to be burned as
fuel?
( ] yea I 1 no
If yea, the Material la not a aolld vaate.
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 lika
a new product without intermediate reclamation
(regeneration or recovery of Materials),
[ ] as an affective substitute for conaercial products
in a particular function or application, or
[ ] aa a aubatituta 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 materiala with value
V) recovered from the original material?
CO (X] yaa ( ) no
If yea, th* activity ia reclamation. Go on to queatlon
(10a).
If no, pleas* r*vl*w th* definitions of activities in
this manual and reconaider your anawera, or
call the RCRA Hotline for aaaiatance.
10a. Is the material
(X) a hazardous waste Hated under 40 CFR
261.31 or 261.32 (this proviaion
excludes commercial chemical products,
which are llated 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
regulations, below.
If none of the above apply, go on to question
(10b).
10b. 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 hazardoua wast* characteristic
or is listed under 40 CFR 261.33?
If any of the abov* apply, th* material la
not a aolid waate.
If none of the abov* apply, pl*as* r*vi*w
th* definitions of activities in this
manual and reconsider your answers, or
call th* RCRA Hotlin* for asaiatanc*.
Applicable Regulation*
1. Ia the waate *x*mpt from regulation (aee the liat in Exhibit 6)?
( ) yea (X] no
If yea, the material la not regulatad.
If no, th* matarlal la r*gulat*d. See Item (2), below.
2. The generator of the apent aolvents ia aubject to requirements
under 40 CFR 262. Transporters of th* spent solvents are subject
to requirements under 40 CFR 263. Generatora recycling the spent
solventa on-site, off-sit* recyclers and other parties handling
the spent solvents prior to carbon adsorption may be subject to
storage facility requirements under 40 CFR 264 and 265 Subparts A
through L. Generatora who atore the apent solvents for no aore
than 90 days in tanks or containers prior to recycling are sub-
ject only to the requirementa for accumulation under 40 CFR
262.34. Th* reclamation proceaa itaelf is not regulated. Any
residues derived from recycling the spent solvents must be
managed as hazardous wastes.
Plscuaslont
Because the solvents are regenerated, the process Is classified
as reclamation. Listed spent materials that are reclaiaed are defined
as solid wastes and are thus subject to RCRA Subtitle C regulation.
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RECLAMATION - SPENT MATERIAL 19
Description of Activity!
A spent cyanide plating bath solution from electroplating
operations (a spent aaterial listed under EPA Hazardous Waste No.
P007) goes through an evaporation process to separate its liquid and
solid constituents. 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 spent cyanide plating bath?
Questionsi
1. Is the Material that is recycled a secondary material?
[XI yes ( ] no
If yes, go on to question (2).
If no, the Material is not a solid waste.
2. Is the Material hazardous? (A Mterial is hazardous if it is
listed under 40 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 froa the definition of hazardous
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.
3. Is the Material specifically excluded froa the definition of
solid waste under 40 CPR 261.4(a) (see the list in Exhibit 5)?
[ 1 y«« (X] no
If yes, the aaterial is not a solid waste.
If no, go on to question (4).
4. Is the aaterial inherently waste-like (see the list In Exhibit 4)?
I ) yes IXJ no
If yes, the aaterial is a solid waste. See applicable
regulations, below.
If no, go on to question (5).
5. Does the activity serve a beneficial use?
IX) yes [ ] no
If yes, go on to question (6).
If no, the activity is not recycling, and the aaterial
is a solid waste. See applicable regulations,
below.
6. Is there a feasible Beans for recycling the waste?
CX] yes ( ) no
If yes, go on to question (6a).
If no, go on to question (6b).
6a. Is at least 75 percent of the aaterial recycled within
one calendar year?
(X) yes ( J no
If yes, go on to question (7).
If no, go on to question (6b).
6b. is the aaterial a coaaercial cheaical product that
¦exhibits a hazardous waste characteristic or is listed
as a hazardous waste in 40 CPR 261.33?
[ ] yes I ] no
If yes, go on to question (7).
If no, the practice is speculative
accuaulatlon, and the aaterial is a
solid waste. See applicable
regulations, below.
7. Is the aaterial 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, qo on to question (•).
7a. Is the aaterial a coaaercial cheaical product that
exhibits a hazardous waste characteristic or is listed
In 40 CPR 261.33 that is produced for application to
the land?
t ) yes I J no
If yes, the aaterial is not a solid waste.
If no, the activity results in use
constituting disposal and the aaterial
is a solid waste. See applicable
regulations, below.
8. Is the aaterial used as a fuel or used to produce a fuel?
t 1 y"» 1*1 no
If yes, go on to question (8a).
It no, go on to question (9).
-------
8a. I« the aatarial a coaaercial chemical product that
exhibits a hazardous vast* character 1 atic or ia listed!
in 40 CTR 261.33 and that la produced to b« burned aa
fuel?
t J yaa l J no
If yaa, tha aatarial la not a aolld waata.
If no, tha activity results in burning for
energy racovary, ami tha matarial ia a
¦olid waata, Sm applicable
regulations, balov.
Is tha aatarial uaad or rauaad
I ] as an ingredient in an industrial procaaa to aaKe
a new product without intermediate reclamation
(regeneration or racovary of materlale),
[ ] as an effective subatituta for coaaercial producta
in a particular function or application, or
( ] as a substitute for raw material faadatock In tha
primary production procaaa from which It waa
generated, without baing firat raclalaad (a
cloaad-loop procaaa}?
If any of tha above apply, tha activity ia uaa or
rauaa, and tha aatarial la not a aolld waste.
If none of tha abova apply, go on to question (10).
Is tha aatarial regenerated or are aatarlala with value
recovered froa the original aatarial?
t*l y*« i ] no
If yea, the activity ia raolaaatlon. Co on to gueatlon
(10a).
If no, pleaaa review tha definltlona of actlvitiaa in
ttila manual and reconsider your answers, or
call tha RCRA Hotline for aaalatanca.
10a. Ia tha aatarial
(X] a hazardoua waata Hated under 40 era
261.31 or 261.32 (this provialon
excludes conarcial chaaical producta,
which are liated under CFR 261.33),
[ ] a apant material exhibiting one of the
characteriatica of a hazardoua waata
given in 40 cm 261.20-.24, or
I ] a acrap aatal?
If any of the abova apply, tha aatarial ia
a aolld waata. S«e applicable
regulations, below.
If none of tha above apply, go on to question
(10b).
10b. la the aatarial
( ) either a sludge or a by-product that
exhibits one of the characteriatica of a
hazardoua waata given in 40 cm 261.20-
.24, and that ia not liated under *0 cm
261.31-.32, or
( ] a coaaarcial cheaical product that
exhlblta a hazardous waata
characteristic or is listed under 40 cm
261.33?
If any of the above apply, tha aatarial is
not a solid waata.
If none of the abova apply, plaaae review
the definltlona of activities in this
aanual and reconelder your anawara, or
call tha RCRA Hotline for aaalatanca.
Applicable Regulation*
1. Is the waata exempt froa regulation (see the llat In Exhibit 6)?
t 1 Y«e 1*1 no
It yaa, tha aatarial la not regulated.
If no, the material Is regulated. See ltea (2), below.
2. The generator of tha apant cyanide plating bath la subject to
requireaenta under 40 CfR 262. Tranaportere Of the apant cyanlda
plating bath are aubject to requireaenta under 40 CFR 263.
Generatore recycling the spent cyanide plating batha on-aite,
off-eita recyclers and other partiea handling tha apant cyanide
plating baths prior to recycling aay be aubject to atorage
facility raquiraaants under 40 CFR 264 and 26S Subparte A through
L. Generators who store the apant cyanide plating bath for no
mora than so daya In tanks or containera prior to recycling are
subject only to the requirements for accumulation under 40 CFR
262.34. Tha raclaaatlon proceaa itaalf is not regulated. Any
raalduea derived froa recycling the apant cyanide plating batha
must be aanagad aa hazardoua waataa.
Discussion:
Since evaporation of the plating bath solution separatee tha
liquid and aolld conatltuenta for recovery and rauaa, the evaporation
proceaa conatltutea raclaaatlon. Liated epent aatarlala that are
raclalaad are aolld waataa and are thus subject to RCRA Subtitle c
regulation.
Sea also! Other - non-Secondary •
Raclaaatlon - Spent Material 20
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RECLAMATION - SPENT MATERIAL 20
Description of Activity»
A spent cyanIds plating bath solution froa electroplating
operations (a spent Material listed under EPA Hazardous Haste No.
F007) goes through an evaporation process to separate its liquid and
solid constituents. 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 must be purified
before they are recycled to the rinsing operations?
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. 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).)
IX) yes t 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)?
( ) 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)?
( 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 shrve 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 tor 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 I 1 no
If yes, go on to question (7).
If no, go on to question (6b).
6b. Is the Material • coMmercial chaMical product that
' exhibits a hazardous waste characteristic or is listed
as a hazardous waste in 40 CFR 261.33?
[ ) yes t 1 no
If yes, go on to question (7).
If no, the practice is speculative
accuMulatlon, 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?
I ) Y*« t*J no
If yes, go on to question (7a).
If no, go on to question (8).
7a. Is the Material a coMMercial che*ical 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 ] 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.
8. Is the Material used as a fuel or used to producs a fuel?
I ] yes IX) no
If yes, go on to question (8a).
If no, go on to question (9).
-------
Si. Is the Material a coaaarcial 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 yes ( J no
If yes, the aaterlal 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.
Is the aaterlal used or reused
( ] as an ingredient in an Industrial process to sake
a new product without intermediate reclaaation
(regeneration or recovery of aaterials),
t ] as an effective substitute for coaaerclal products
in a particular function or application, or
( ) as a substitute for raw aaterlal feedstock in the
primary production process from which it was
generated, without being first reclaiaed (a
closed-loop process)?
If any of the above apply, the activity is use or
reuse, and the aaterlal is not a solid waste.
If none of the above apply, go on to question (10).
Is the aaterlal regenerated or are aaterials with value
recovered from the original material?
CXI yes t ] no
If yes, the activity is reclamation. Go on to question
(10a).
If no, please review the definitions of activities in
this manual and reconsider your answers, or
call the RCRA Hotline tor 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 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 aaterlal is
a solid waste. See applicable
regulations, below.
If none of the above apply, go on to question
(10b).
10b. 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
t 1 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)?
t 1 y«" IX] no
If yes, the material 1s not regulated.
It no, the material is rsgulated. see item (2), below.
2. The generator of the liquids is subject to requireaents under 40
CFR 262. Transporters of the liquids are subject to requirements
undef 40 CFR 263. Generators recycling the liquids on-site, off-
site recyclers and other parties handling the liquids prior to
recycling aay be subject to storage facility requireaents under
40 CFR 264 and 26S Subparts A through L. Generators who store
the liquids for no aore than 90 days in tanks or containers prior
to recycling are subject only to the requireaents for accumula-
tion under 40 CFR 262.34. The reclaaation process Itself is not
regulated. Any residues derived froa recycling the liquids must
be aanaged as hazardous wastes.
Discussion:
The liquids are a product of the reclaaation of a liated hazardous
waste. Such products are not aolld wastes theaeelvee unless they (a)
are placed on the ground in a manner constituting disposal, (b) are
burned as a fuel, or (c) must be further reclaiaed 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
reclaaation. Therefore, the liquids are a solid waste and are subject
to RCRA subtitle c regulation.
See also! Other - Non-Secondary Material 8
Reclaaation - Spent Material 19
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RECLAMATION - SPENT MATERIAL 21
Description of Activity:
Spent solvents from scouring and decreasing operations in the
wool industry, contaminated with lanolin and other greases, (spent
materials listed under EPA Hazardous Waste Nos. F001-F00S) are
distilled and reused in the original process.
what is the status of the spent solvents?
Questions;
1. Is the material that Is recycled a secondary material?
IX] y«» ( J 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).)
[X] yes t ) no
V) If yes, go on to question (3).
I If no, the material is not a solid waste.
00
r* 3. Is the material specifically excluded from the definition of
solid waste under 40 CFR 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)?
C 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 t ] 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 l ) 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?
JX] 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 y«s [ ) 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 i
placed on the ground?
[ 1 y*» JX) 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 hazardous waste characteristic or is listed
in 40 CFR 261.33 that is produced for application to
the land?
I ] yes ( 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.
8. Is the material used as a fuel or used to produce a fuel?
t ] y«» IX) 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 waate charactarlstlc or is listed
in 40 CPR 261.33 and that is produced to be burned as
fuel?
[ ) yes [ J no
If yes, the material is not a solid vasts.
If no, the activity results in burning for
energy recovery, and the material is a
solid waste. See applicable
regulations, below.
Is the Material used or reused
[ ] as an ingredient in an industrial process to sake
a new product without intermediate reclamation
(regeneration or recovery of materials),
( ] as an effactive substitute for comercial products
in a particular function or application, or
[ ] as a aubstitute for raw Material feedstock in the
primary production process froa 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?
IX) 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.
10a. Is the Material
(X) a hazardous waste listed under 40 CFR
261.31 or 261.32 (this provision
excludes commercial cheaical products,
which are listed under 40 CFR 261.33),
( ] a spent Material exhibiting one of the
characteristics of a hazardous waste
given in 40 era 261.20-.24, or
( ] a acrap 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
(10b).
10b. Is the Material
( 1 either a sludge or a by-product that
exhibits one of the characteriatics of a
hazardous waate given in 40 era 261.20-
.24, and that is not listsd under 40 era
261.31-.32, or
( ] a coMMarcial chaaical product that ex-
hibits a hazardous waste characteristic
or is listed under 40 era 261.33?
If any of the above apply, the Material is
not a solid waate.
If none of the above apply, plaaae review
the definitions of activities in this
Manual and reconsider your answers, or
call the RCRA Hotline for assistance.
Applicable Regulations
1. Is tha waste exespt from regulation (see the list in Exhibit 6)?
C 1 *•» [*1 no
If yes, the material is not regulated.
If no, tha Material is regulated. See Item (2), below.
2. The generator of the spent solvents is Subject to requirements
under 40 CFR 262. Transporters of ths spant solvents ara subject
to requirements under 40 CFR 263. Generstors recycling the spent
solvents on-site, off-site recyclers and other parties handling
the apent solvents prior to distillation may be subject to
storage facility requirements under 40 CFR 264 and 265 Subparts A
through L. Generators who store the spent solvents for no mora
than 90 days in tanks or containers prior to rscycling 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 waatas.
Discussion:
Because the solvents are regnerated through distillation, the
process is classified as reclamation. Listed spent materials that ara
reclaimed are solid waatea and are thus subject to RCRA Subtitle C
regulation.
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RECLAMATION - SPENT MATERIAL 22
Deacr I pt Ion o( Activity:
spent acetona uaad In cleaning processes (a spent Material listed
under EPA Hazardoua Waste No. F003) la redistilled in an acetone
recovery machine and reused for cleanup.
What ia the status of the spent acetone?
Quest ions:
1. Is the Material that is recycled a secondary Material?
[XJ ye» [ 1 no
If yes, go on ».o question (2).
If no, the Material ia not a solid waste.
2. is the Material hazardous? (A Material is hazardous if it ia
listed under 40 CFR 261.30-.33 or exhibits one of the
cliaracterietlcs of a hazardous waste given in 40 CFR
261.20-.24, and is not specifically excluded from the
definition of hazardoua waata under 40 CFR 261.4(b).)
(*1 y«» C J no
If yes, go on to question (3).
If no, the Material is not a solid waste.
3. Io the Matarial specifically excluded froM the definition of
BoLld waste under 40 CFR 261.4(a) (see the list in Exhibit
5)?
I J y«" (XJ no
If yes, tha 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 [X] no
If yes, the Material is a solid waate. See applicable
regulations, below.
If no, go on to question (5).
5. Docs the activity serve a beneficial use?
IX) 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 waate?
[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 J no
If yes, go on to question (7).
If no, go on to question (6b).
6b. Is tha Material a commercial chemical product that
¦ exhibits a hazardous waste characteristic or is listed
as a hazardous waste in 40 CFR 261.33?
( ) yes I ] no
If yes, go on to question (7).
If no, the practice is speculative accumula-
tion, and the Material ia a aolld
waste. See applicable regulationa,
below.
7. Is tha Material placed on tha ground or used in a product
that is placed on the ground?
I 1 yea (X) no
If yes, go on to question (7a).
If no, go on to question (8).
7a. Is tha Material a commercial chemical product that
exhlbita a hazardoua waate characteristic or is listed
in 40 CFR 261.33 that is produced for application to
the land?
I ] 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-
tiona, below.
8. Ia the Material used as a fuel or used to produce a fuel?
t ] yes (X) no
If yes, go on to question (8a).
If no, go on to question (9).
-------
8a. Ia the Material a commercial chemical product that
exhibits a hazardous wast* characteristic or ia listed
in 40 CFR 261.13 and that ia produced to be burned as
fuel?
I ] yes C ] 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.
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),
{ ] as an affective 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?
IX) yes f ] no
If yes, the activity la reclamation. Go on to question
(10a).
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),
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 regula-
tions, below.
If none of the above apply, go on to question
(10b).
10b. 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)?
I 1 y*» IX) no
If yes, the material is not regulated.
If no, the material is regulated. See item (2), below.
2. 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 proceas is defined as
reclamation. Listed spent materials that are reclaimed are solid
wastes and thus are subject to RCRA Subtitle C regulation.
-------
RECLAMATION - SPENT MATERIAL 23
Description of Activity:
Pl.itlng bath rlnsewaters (roa copper and zinc electroplating
operations (spent materials exhibiting the characteristic of EP-
toxicity) are concentrated In a reverse osaosls systea and an
evaporator. The distillate, which does not exhibit hazardous
charactertitles, la recycled as process water. The concentrate, which
exhibits the characteristic of EP-toxlclty, Is recycled to the
plating baths.
What Is the status of the plating bath rlnsewaters?
Questional
1. Is the Material that Is recycled a secondary Material?
t*l y«« I J no
If yes, go on to question (2).
If no, the Material Is not a solid waste.
2. Is the aaterlal hazardous? (A material 1s 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
2fil.20-.24, snd Is not specifically excluded froa the
definition of hazardous waste under 40 CFR 261.4(b).)
1*1 y«« t 1 no
If yes, go on to question (3).
If no, the aaterlal is not a solid waste.
3. Is the aaterlsl specifically excluded froa the definition of
solid waste under 40 CFR 261.4(a) (see the list in Exhibit
5)?
( J y«» IX) no
If yes, the aaterlal is not a solid waste.
If no, go on to question (4).
4. Ie the aaterlal inherently waste-like (see the list in
Exhibit 4)?
I ) y«» [XJ no
If yes, the aaterlal is a solid waate. See applicable
regulations, below.
If no, go on to question (5).
5. Does the activity serve a beneficial use?
IX) y«» ( ) no
If yeB, go on to question (6).
If no, the activity Is not recycling, and the aaterlal
is a solid waste. See applicable regulations,
below.
6. Is there a feasible aeans 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 aaterlal 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 aaterlal a commercial chealcal product that
.exhibits a hazardous waste characteristic or is listed
as a hazardous waste in 40 CFR 261.33?
t J ye« ( ) no
If yes, go on to question (7).
If no, the practice is speculative accuaula-
tion, and the aaterlal is a solid ¦
waste. See applicable regulations,
below.
7. Is the aaterlal placed on the ground or ussd in a product
that is placed on the ground?
t 1 y« IX) no
If yes, go on to question (7a).
If no, go on to question (8).
7a. Is the aaterlal a commercial chealcal 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 aaterlal is not a solid waste.
If no, the activity results in use constitu-
ting disposal and the aaterlal is a
solid waste. See applicable regula-
tions, below.
8. Is the aaterlal used as a fusl or used to produce a fuel?
[ ) y«" IX) no
If yes, go on to question (8a).
If no, go on to question (9).
-------
Bill Is tha Material a commercial cheaical product that
exhibits a hazardous wast* characteristic or is listed
in 40 CFR 261.33 and that is produced to be burned as
fuel?
t I y«» 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.
Is tha Material used or reused
{ ] as an ingredient in an Industrial process to Make,
a new product without internedlate reclamation
(regeneration or recovery of Materials),
[ ] as an affective 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 tha Material is not a solid waste.
If none of the above apply, go on to question (10).
Ib the Material regenerated or are Materials with value
recovered froM tha original Material?
[X] y«» ( J no
If yes, the activity la raclaaation. Go on to question
(10a).
If no, please review tha definitions of activities in
this Manual and reconsider your answers, or
call the RCRA Hotline for assistance.
10a. Is the Material
( ] a hazardous waste listed under 40 CFR
261.31 or 261.32 (this provision
excludes coMMerclal 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, tha Material is a
solid waste. See applicable regula-
tions, below.
If none of the above apply, go on to question
(10b).
lob. Is tha 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 cOMMcrcial cheMical product that exhi-
bits a hazardous waste characteristic or
is listed under 40 CFR 261.33?
If any of tha above apply, tha 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 tha list in Exhibit 6)?
t 1 y«" [X] no
If yes, tha Material is not regulated.
If no, tha Material Is regulated, see IteM (2), below.
2. Tha generator of the plating bath rlnsawatar is subject to
requlresents under 40 CFR 262. Transporters of the rinsewater
are subject to requlresents under 40 CFR 263. Generators
recycling the rinsewater on-site, off-site recyclers and other
parties handling the rinsewater prior to recycling May be subject
to storage facility requlresents 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 rinsewater Must be Managed as
hazardous wastes, if they thesselves 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 24
DescrIptlon of Activity:
spent methanol that was used aa a aolvent In pharmaceutical
manufacturing operations (a apant material Hated under EPA Hazardous
Waste 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 of manufacturing processes, it
must undergo further reclamation.
What is tha atatus of the spent methanol?
Questions;
1. Is the material that la recycled a secondary material?
(X) y«s t J no
If yes, go on to question (2).
If no, tha material Is not a solid waate.
2. Is the material hazardoua? (A material la hazardoua If it ia
listed under 40 CFR 261.30-.33 or axhiblta one of the
characteristics of a hazardoua vaate given In 40 CFR
261.20-.24, and la not apeclflcally excluded from the
definition of hazardous waate under 40 CFR 261.4(b).)
(XJ yea { J no
If yea, go on to question (3).
If no, the material la not a solid waste.
3. Is the material apeclflcally excluded from the definition of
solid waste under 40 CFR 261.4(a) (aee the liat in Exhibit
5)?
( ] y«» (XI no
If yes, tha material 1a 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 la a solid waate. See applicable
regulatlona, below.
If no, go on to queation (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 oOlid waste. See applicable regulations,
below.
6. Is there a feasible means for recycling the waste?
(X) yes [ J no
If yes, go on to question (6a).
If no, go on to question (6b).
Is at least 75 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).
Is the material a commercial chemical product that
exhibits a hazardoua waate characteristic or Is listed
as a hazardoua waste in 40 CFR 261.33?
C 1 yea I 1 no
If yes, go on to question (7).
If no, the practice Is speculative accumula-
tion, and tha material 1a a aolld
waste. See applicable regulatlona,
below.
7. Ia the material placed on the ground or uaed In a product
that ia placed on the ground?
( 1 y« (XJ no
If yes, go on to question (7a).
If no, go on to question (8).
7a. Ia the material a commercial chemical product that
exhlblta a hazardoua waste characteristic or is listed
In 40 CFR 261.33 that is produced for application to
the land?
( J yea . ( J no
If yaa, the material Is not a aolld waata.
If no, tha activity reaulta In use constitu-
ting disposal and the material ia a
aolld waste. See applicable regula-
tions, below.
8. Is the material used aa a fuel or used to produce a fuel?
f J y»s fXJ no
6a.
6b.
If yes, go on to question (8a).
If no, go on to question (9).
-------
8a. Is the material a commercial cheaical product that
exhibits a hazardous waste characteristic or is listed
in 40 CFR 261.33 and that is produced to be burned as
fuel?
t ] yes t ] 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.
Is the naterlal 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
[ 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?
(X) yes ( J no
If yes, the activity is reclamation. Go on to question
(10a).
It 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
(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
(10b).
10b. 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 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)?
( ) yes I J no
If yes, the material is not regulated.
If no, the material is regulated. See item (2), below.
2. The generator of the epent 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-site, off-site recyclers and other parties handling the
methanol prior to the on-site 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
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 methanol must be managed as hazardous wastes.
Discussion:
Because the methanol is regenerated, the activity is classified
as reclamation. Listed spent material that are reclaimed are solid
wastes and are subject to RCRA Subtitle C regulation.
See Alsot Other - Non-Secondary Material 15
-------
RECLAMATION - SPENT MATERIAL 25
DescrIpt ton of Activity:
Waste etchants containing chromium and sulfuric acid fro*
surface-finishing operations, (a spent material exhibiting the charac-
teristics of EP-toxicity and corrosivity), are treated with a sub-
strate, producing trivalant chromium. The other metals (which do not
exhibit hazardous characteristics) are transferred to a catholyte and
then sold to a secondary smelter for reclamation, leaving a
regenerated etchant.
What la tha status of the waste etchants?
Questions:
1. Is the Material that is recycled a secondary material?
[XJ 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 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 ( ) 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)?
[ 1 y*« 1*1 no
If yes, the material 1s 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 yes (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.
6. Is there a feasible means for recycling the waste?
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 material recycled wlthi.
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 a hazardous waste characteristic or is listed
as a hazardous waste in 40 CFR 261.33?
t 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.
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 (8).
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 y«» ( ] no
If yes, the material is not a solid waste.
If no, the activity results in use constitu-
ting disposal and tha material Is a
solid waste. See applicable regula-
tions, below.
8. 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).
-------
On. Is 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?
( ] yes t ] no
If yes, the aaterlal 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.
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).
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
(10a).
If no, please revisw the definitions of activities in
this manual and reconsider your answers, or
call the RCRA Hotline for assistance.
10a. 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
(10b).
10b. 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 261.3)?
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 y«» (X] no
If yes, the material is not regulated.
If no, the material is regulated. Sea 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.
Discussion:
Because the etchants are regenerated, the process is classified
as reclamation. Characteristic spent materials that are reclaimed are
solid wastes and thus are subjsct to RCRA Subtitle C regulation.
See Also: other - Non-Hazardous Secondary Material 8
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RECLAMATION - SPENT MATERIAL 26
Description of Activity>
Innpropyl alcohol that has bean contaminated by oils, perfumes,
or other substances added by a variety of manufacturing practices (a
spent material exhibiting the characteristic of corrosivity) is
returned to the lsopropyl alcohol Manufacturer, where it is distilled
and regpnerated into pure lsopropyl alcohol.
Hhat is the status of the contaminated lsopropyl alcohol?
Questions!
1. Is the material that is recycled a secondary material?
[XI yes [ J no
If yes, qo 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).)
(X] yes J } 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 [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)?
t 1 y«» m 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?
JX] yes ( ] no
If yes, go on to question (6).
If no, the activity is not recycling, and the material
1b 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?
(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 a hazardous waste characteristic or is listed
as a hazardous waste in 40 CFR 261.33?
( ) y«« 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 ¦ produc*
that is placed on the ground?
{ J y«» tX) no
If yes, go on to question (7a).
If no, go on to question (S).
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?
! ) yes I 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?
I 1 yes (X) no
If yes, go on to question (Ba).
If no, go on to question (9).
-------
Ba. IB the ¦aterial a coaaercial 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 J J no
If yes, the aaterial Is not a solid waste.
If no, the activity results in burning for
energy recovery, and the aaterial is
a solid waste. See applicable regu-
lations, below.
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 a substitute for raw aaterial 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 aaterial regenerated or are aaterials with value
recovered froa the original aaterial?
(X) yes f ) no
If yes, the activity is reclaaation. Go on to question
(10a).
If no, please review the definitions of activities in
this aanual and reconsider your answers, or
call the RCRA Hotline for assistance.
10a. Is the aaterial
( ] a hazardous waste listed under 40 CFR
261.31 or 261.32 (this provision
excludes coaaercial chemical products,
which are listed under 40 CFR 261.33),
[X] a spent aaterial exhibiting one of the
characteristics of a hazardous waste
given in 40 CFR 261.20-.24, or
[ ] a scrap aetal?
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
(10b).
10b. 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)?
t ] y« [*) no
If yes, the material 1s not regulated.
If no, the aaterial is regulated. See itea (2), below.
2. The generator of the contaminated isopropyl alcohol is subject to
requireaents under 40 CFR 262. Transporters of the alcohol are
subject to requireaents under 40 CFR 263. Generators recycling
the alcohol on-site, off-site recyclers and other parties
handling the alcohol prior to recycling aay be subject to storage
facility requireaents under 40 CFR 264 and 265 Subparts A through
L. Generators who store the alcohol for no aore than 90 days in
tanks or containers prior to recycling are subject only to the
requireaents for accuaulation under 40 CFR 262.34. The
reclaaation process itself is not regulated. Residues derived
froa recycling the alcohol aust be aanaged as hazardous wastes,
if they themselves exhibit any hazardous waste characteristics.
Discussion;
Because the isopropyl alcohol is regenerated, the process is
classified as reclaaation. Characteristic spent aaterials that are
reclaiaed are solid wastes. Although industrial ethyl alcohol is
exempt froa RCRA when regenerated, isopropyl and other alcohols are
subject to RCRA Subtitle C regulation.
See Also; Reclaaation - Spent Haterial 6
Energy Recovery - Spent Material 1
-------
RECLAMATION - SPENT MATERIAL 27
DeacrIrtton of Activity;
Spent aethyl ethyl ketone (a spent Material listed under EPA
Hazardous Haste No. FOOS) la reclaimed and used as an adhesive thinner
for quick drying when applied on the aagnesiua casting in the
assembling of chain saws and string trlaners.
What ia tha status of tha spent methyl ethyl ketone?
I
Questions!
1. Is the Material that la recycled a secondary aaterial?
[XJ yes [ ] no
If yea, go on '.o question (2).
If no, the material is not a solid waste.
2. Is tha aaterial hazardous? (A material ia hazardous if it is
listed under 40 CFR 261.30-.33 or exhibits one of the
character1stlea of a hazardous waste given in 40 CFR
261.20-.24, and is not apecifically excluded froa the
definition of hazardous waata under 40 CFR 261.4(b).)
1X1 yes I ) no
If yes, go on to question (3).
If no, tha aaterial is not a solid waste.
3. Is the aaterial specifically excluded froa tha definition of
solid waste under 40 CFR 261.4(a) (aee the list in Exhibit
5)?
[ ] yas (XJ no
If yea, tha aaterial la not a solid waste.
If no, go on to question (4).
4. Is the aaterial inherently waate-llke (sea the list in
Exhibit 4)?
( 1 yas (X] no
If yes, the aaterial is a aolid waata. See applicable
regulationa, below.
If no, go on to question (5).
5. Docs the activity aerva a beneficial use?
(X] yea [ J no
If yea, go on to quaation (6).
If no, the activity is not recycling, and the aaterial
is a solid waate. See applicable regulations,
below.
6. Is there a feasible aeana for recycling the waste?
(X) yes ( ] no
If yes, go on to question (6a).
If no, go on to question (6b).
6a. Ia at least 75 percent of the aaterial recycled within
one calendar year?
t*l y«a I ] no
If yea, go on to question (7).
If no, go on to question (6b).
6b. Is the aaterial a coaaarclal cheaical product that
. exhibits a hazardous waste characteristic or ia listed
as a hazardoua waste in 40 CFR 261.33?
I ] y«» [ J no
If yes, go on to question (7).
If no, the practice is apeculative accuaula-
tion, and the aaterial ia a solid
waste. See applicable regulationa,
below.
7. Is the aaterial placed on the ground or used in a product
that is placed on the ground?
I 1 y«» (X) no
If yea, go on to quaation (7a).
If no, go on to queatlon (8).
7a. Ia the aaterial a coaaarclal cheaical product that
exhibita a hazardous waste characteristic or is listed
in 40 CFR 261.33 that is produced for application to
the land?
( ] yea ( ] no
If yea, the aaterial la not a solid waste.
If no, the activity results in use constitu-
ting disposal and the aaterial ia a
solid waste. See applicable regula-
tions, below.
8. Is the aaterial used as a fuel or uaed to produce a fuel?
( ] yes (X) no
If yes, go on to question (8a).
If no, go on to question (9).
-------
8a. Is tha Material a commercial chemical product that
exhibits a hazardous waste characteristic or is listed
in 40 CFR 261.33 and that ia produced to b« burned as
fuel?
t 1 y«» t ] no
If yea, 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 regu-
lations, 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
{ ] 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 tha 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 f J no
If yes, the activity Is reclamation. Go on to question
(10a).
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
(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
(10b).
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 tha 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] no
If yes, the material is not regulated.
If no, the material is regulated. See item (2), below.
2. The generator of tha 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-site, off-
site recyclers and other parties handling tha spent methyl ethyl
ketone prior to recycling may be subject to storage facility
requirements under 40 CFR 264 and 2C5 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 - SLUDGE 1
Description of Activity:
Spnnt activated carbon (charcoal) froa the pollution control
treatment of a listed hazardous waste (a listed sludge) is
regenerated.
What is the status of the spent carbon?
Quest 1ons:
1. Is the aaterial 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 waste.
2. Is the aaterial hazardous? (K 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
waste under 40 CFR 261.4(b).)
(X) yes [ ) no
If yes, go on to <)uestion (3).
If no, the aaterial is not a solid waste.
3. Is the aaterial specifically excluded froa the definition of
r.olld waste under 40 CFR 261.4(a) (see the list in Exhibit &)?
I 1 y»« 1*1 no
If yes, the aaterial is not a solid waste.
If no, go on to question (4).
4. is the aaterial in»«rently waste-like (see the list in Exhibit 4)?
I 1 y«» [X] no
If yes, the aaterial is a solid waste. See applicable
regulations, below.
If no, go on to question (S).
3. Does the activity serve a beneficial use?
(X) yes t ] no
If yes, go on to question (6).
If no, the activity is not recycling, and the aaterial
is a solid waste. See applicable regulations,
below.
6. Is there a feasible aeans 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 aaterial 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 aaterial a coaaercial cheaical product that
• exhibits a hazardous waste characteristic or is listed
as a hazardous waste in 40 CFR 261.33?
I 1 y«« I 1 no
If yes, go on to question (7).
If no, the practice is speculative accuaula-
tion, and the aaterial is a solid
waste. See applicable regulations,
below.
7. Is the aaterial 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 (8).
7a. Is the aaterial a coaaercial cheaical product that
exhibits a hazardous waste characteristic or is listed
in 40 CFR 261.33 that is produced for application to
the land?
1 ) y«« ( ) no
If yes, the aaterial Is not a solid waste.
If no, the activity results in use constitu-
ting disposal and the aaterial is a
solid waste. See applicable regula-
tions, below.
8. Is the aaterial used as a fuel or used to produce a fuel?
( 1 y«» (X) no
If yes, go on to question (Ba).
If no, go on to question (9).
-------
8a. Is the material a coaMrcial chemical product that
exhibits a hazardous waste characteristic or is listed
In 40 era 261.3] and that is produced to be burned as
fuel?
( ] yes [ ] 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. 8ee applicable regu-
lations, 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),
I ) 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, and the material Is not a solid waste.
If none of the above apply, go on to guestion (10).
Is the material regenerated or are materials with value
recovered from the original material?
[X) yes [ 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.
10a. 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),
( J 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
(10b).
10b. Is the material
( ] either a sludgM or a by-product that
sxhibits one of the characteristics of a
hazardous waste given in 40 CFR 261.20-
.34, 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 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)?
t ] y«s [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 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-site, 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 must 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 listed
waste. Because the activated carbon is regenerated, the process is
defined as reclamation. Listed sludges that are reclaimed are solid
wastes and are subject to RCRA Subtitle C regulation.
See Also;
Other - Non-Secondary Material 1
-------
RECLAMATION - SLUDGE 2
DescrIptlon of Activity!
Wastewater treatment sludge from metal finishing operations (a
alud'jc listed under EPA Hazardous Waste Ho. F006) is reclaimed for the
precious metals it contains; 9old, silver, platinum, palladium,
iridi uin, osmium, rhodium, or ruthenium. The precious metals are
returned to the metal finishing operation.
what is the status of the sludge?
Questions:
1. Is the material that is recycled a secondary material?
(XI yes t ] no
If yes, go on to question (2).
If no, the materiel is not a solid waste.
2. 16 the material haxardoua? (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).)
IX] *•» 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) (sea the list in Exhibit 5)?
I 1 y« (X] no
If yea, the material Is not a solid waste.
If no, go on to question (4).
i
4. Is the material inherently waate-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?
(XJ 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 ( ) 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
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 i
placed on the ground?
I 1 y«" IX) 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 261.33 that is produced for application to
the land?
( ) yas i ) 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.
Is the material used as a fuel or used to produce a fuel?
I ] y«" tX] no
If yes, go on to question (8a).
If no, go on to question (9).
-------
fin. Ift 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?
t 1 yas ( ) no
If yas, tha Material is not a solid waste,
ir no, the activity results in burning for
energy recovery, and the material is a
aolid waste. See applicable
regulations, below.
Is the aaterlal used or reused
( 1 as an ingredient in an industrial process to make
a new product without Intermediate reclamation
(reganaration 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, tha activity is use or
reuse, and tha 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 va
recovered from tha original material?
(*) yas { ] no
If yas, tha activity is reclamation. Go on to question
(10a).
If no, please review tha definitions of activities in
this manual and reconsider your answers, or
call tha RCRA Hotline for assistance.
loa. Is tha 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 tha
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
(10b).
10b. Is the material
[ 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 ex-
hibits a hazardous waste characteristic
or is listed under 40 CFR 261.33?
If any of the above apply, tha 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.
Appllcable Regulations
1. Is the waste exempt from regulation (sea the list in Exhibit 6)?
I 1 y«» (XI no
If yes, the material is not regulated.
If no, tha material is regulated. Sea item (2), below.
2. Because the sludge is reclaimed to recover economically signifi-
cant amounts of gold, silver, platinum, palladium, iridium,
osmium, rhodium, ruthenium, or any combination of these precious
netala, 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 40 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 speculatively accumulated.
Requirements applicable to precious metal reclamation are
summarized under 40 CFR 266, Subpart F.
DiscussionI
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.
-------
RECLAMATION - SLUDGE 1
Descrlpt ton of Activity:
Spent chromic acid froa aatal finishing plating baths (a spent
¦aterlal listed under EPA Hazardous Waste No. F007) Is neutralized and
goes through an Ion exchange process that removes the chromium. The
acid la regenerated and returned to the aetal finishing plating bath.
The ion exchange resin (a listed sludge — the residue derived froa
the treatment of a listed waste) is treated with sodlua hydroxide
solution to remove any lapurlties. It Is then returned to the ion
exchange coluan.
What Is the status of th« contaalnated Ion exchange resin?
Questions!
1. Is the aaterlal that Is recycled a secondary aaterlal?
IX) yes [ ] no
If yes, go on to question (2).
If no, the aaterlal Is not a solid waste.
2. Is the aaterlal hazardous? (A aaterlal 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 froa the definition of hazardous
waste under 40 CFR 261.4(b).)
(X) yes t ] no
If yes, go on to question (3).
If no, the aaterlal is not a solid waste.
3. In the aaterlal specifically excluded froa the definition of
solid waste under 40 CFR 261.4(a) (see the list in Exhibit 5)?
( ) y«» (X) no
If yes, the aaterlal is not a solid waste.
If no, go on to question (4).
4. Is the aaterlal inherently waste-like (see the list in Exhibit 4)?
[ ) y«s (X) no
If yes, the aaterlal is a solid waste. See applicable
regulations, below.
If no, go on to question (5).
5. Does the activity serve a beneficial use?
IX) 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 aeans 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 aaterlal recycled wlthlr.
one calendar year?
(X) yes [ ] no
I' yes, go on to question (7).
If no, go on to question (6b).
6b.. is the aaterlal a coaaerclal chealcal product that
exhibits a hazardous waste characteristic or Is listed
as a hazardous waste In 40 CFR 261.33?
C J y«" I ] no
If yes, go on to question (7).
If no, the practice Is speculative
accuaulation, and the aaterlal is a
solid waste. See applicable
regulations, below.
Is the aaterlal placed on the ground or used In a product that is
placed on the ground?
C ) y«" [X] no
If yes, go on to question (7a).
If no, go on to question (8).
7a. Is the aaterlal a coaaerclal chealcal product that
exhibits a hazardous waste characteristic or is listed
In 40 CFR 261.33 that is produced for application tu
the land?
t 1 y«» [ ] no
If yes, the aaterlal is not a solid waste.
If no, the activity results in use
constituting disposal and the aaterlal
is a solid waste. See applicable
regulations, below.
Is the aaterlal 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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8
-------
RECLAMATION - SLUDGE 4
Description of Activity:
< ontamlnated ion exchange resins from pollution control Measures
in tho production of phenoxy herbicides and their intermediates (a
sludge exhibiting the characteristic of EP-toxicity) are regenerated
through the addition of aethanol and distillation of the regenerant
solution.
What is the status of the contaminated ion exchange resins?
Quest1onet
1. is the Material that is recycled a secondary material?
IX] yes t ] 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 261.10-.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 hazardous waste under 40 CFR 261.4(b).)
(X) yes t 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
nolid waste under 40 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. In 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?
IX) 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?
(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?
( ] yes ( ] 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 ) yes [X] 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 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 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?
( ] yes (X) no
If yes, go on to question (8a).
If no, go on to question (9).
-------
Sit. Is the material a commercial chemical product that
exhibits a hazardous wast* characteristic or is listed
ill 40 CFR 261.33 and that is produced to be burned as
fuel?
I 1 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.
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 affective 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
(10a).
If no, please review the definitions of activities in
this manual and reconsider your answers, or
call the RCRA Hotline for assistance.
lo.i. Is the material
[ ] a hazardous waste listed under 40 CFR
261.31 or 261.32 (this provision
excludes commercial chemical products,
whichare listed under 40 CFR 261.33),
( J 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
(10b).
10b. 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 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 y«s ( ] no
It 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 30 FR 641.
-------
RECLAMATION - SLUDGE 5
Description of Activity!
Emission control dust from a primary zinc smelting furnace (a
sludge exhibiting tha characteristic of EP-toxlcity) Is reclained to
recover zinc, which Is returned to tha line production process.
What is the status of the mission control dust?
Questions;
1. Is the material that is recycled a secondary material?
(X) yes J 1 no
If yes, go on to question (2).
If no, the aaterial Is not a solid waste.
2. Is the Material hazardous? (A aaterial 1s 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).)
IX] yes ( ) no
If yes, go on to question (3).
If no, tha aaterial Is not a solid waste.
3. Is the aaterial specifically excluded froa the definition of
solid waste under 40 CFR 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 aaterial Inherently waste-like (see the list In Exhibit 4)?
I 1 y«» 1*1 ««>
If yes, the aaterial 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 aaterial
is a solid Waste. See applicable regulations,
below.
Is there a feasible aeans for recycling the waste?
[XJ 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 aaterial recycled within
one calendar year?
[*] y«» C ] no
If yes, go on to question (7).
If no, go on to question (6b).
6b. Is the aaterial a commercial chealcal 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 is speculative
accumulation, and tha 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 y«» (*] 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 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 a solid waste.
If no, the activity results in use
constituting disposal and the aaterial
is a solid waste. See applicable
regulations, below.
Is the material used as a fuel or used to produce a fuel?
t 1 yes (X) no
If yes, go on to question (8a).
If no, go on to question (9).
-------
tl.i. 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 [ ] no
If yes, the aaterial 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 aaterial used or reused
C 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
J ) as a substitute for raw Material feedstock in the
prlMary production process froM which it was
generated, without being first reclained (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).
-------
RECLAMATION - SLUDGE 6
Description of Activity:
Spent carbon from the treatment of wastewater containing
explosives (a sludge listed under EPA Hazardous Haste No. K045) is
regenerated and reused in the wastewater treatment process.
what is the status of the spent carbon?
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. is the material hazardous? (A material is hazardous if it is
listed under 40 CFR 261.30-.]] or exhibits one of the
characteristics of a hazardous waste given in 40 CFR 261.20-.24,
and is not specifically excluded froa the definition of hazardous
u.iste under 40 CFR 261.4(b).)
(X) yes ( ) no
If yes, go on to question (1).
If no, the aaterial is not a solid waste.
3. Is the aaterial specifically excluded froa the definition of
solid waste under 40 CFR 261.4(a) (see the list in Exhibit 5)?
I 1 y«» I*] no
If yes, the material is not a solid waste.
If no, go on to question (4).
4. Is the aaterial Inherently waste-like (see the list in Exhibit 4)
I ] ya" [X) no
If yes, the aaterial is a solid
regulations, below.
If no, go on to question (5).
5. Dons the activity serve a beneficial
(X) yes ( 1 no
If yes, go on to question (6).
If no, the activity is not recycling, and the aaterial
is a solid waste. See applicable regulations,
below.
waste. See applicable
use?
6. Is there a feasible Beans 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 aaterial 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 aaterial a commercial chemical product that
exhibits a hazardous waste characteristic or is listed
as a hazardous waste in 40 CFR 261.]]?
[ ] yes ( J 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 a product that is
placed on the ground?
[ ] y« 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 hazardous waste characteristic or is listed
in 40 CFR 261.3] that is produced for application to
the land?
I ) yes { J 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 ] y«» (X) no
If yes, go on to question (8a).
If no, go on to question (9).
-------
Aa. 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 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.
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),
( ] as an affective 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 tha above apply, tha activity is use or
rausa, and tha material is not a solid waste.
If none of the above apply, go on to question (10).
Is tha material regenerated or are materials with value
recovered from the original material?
IXJ yes ( ] no
If yes, the activity is reclamation. Go on to question
(10a).
If no, please review tha definitions of activities in
this manual and reconsider your answers, or
call the RCRA Hotline for assistance.
10a. is tha material
[X] a hazardous 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 regula-
tions, below.
If none of the above apply, go on to question
(10b).
10b. 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)?
C ] y«» IX) no
If yes, the material is not regulated.
If no, the material is regulated. Sea item (2), below.
2. The generator of the spent carbon is subject to requirements
under 40 CFR 262. Transporters of tha spent carbon are subject
to requirements under 40 CFR 263. 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 tha spent carbon must be managed as
hazardous wastes.
Discussions
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 SO FR at 619 n.7.)
-------
RECLAMATION - SIAJDGE 7
Description of Activity:
Haghouse dusts froa brass Bills (a sludge exhibiting the
characteristic of EP-toxicity) are reclaimed for their line content by
secondary zinc saelters. The line is sold back to the aill for use as
an ingredient in the production of brass.
What is the status of the baghouse dusts?
Questions:
1. is the aaterial that Is recycled a secondary Material?
(X] yes ( ] no
If yes, go on to question (2).
It no, the aaterial is not a solid waste.
2. Is the aaterial hazardous? (A aaterial 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 froa the definition of hazardous
waste under 40 CFR 261.4(b).)
[XI yes I 1 no
If yes, go on to question (3).
If no, the aaterial is not a solid waste.
3. Is the aaterial specifically excluded froa the definition of
solid waste under 40 CFR 261.4(a) (see the list in Exhibit 5)?'
[ ] yes (X) no
If yes, the aaterial is not a solid waste.
If no, go on to question (4).
4. Is the aaterial Inherently waste-like (see the list in Exhibit'4)?
( 1 yes [XJ no
If yes, the aaterial is a solid waste. See applicable
regulations, below. i
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 aaterial
is a solid waste. See applicable regulations,
below.
Is there a feasible Beans 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 aaterial recycled within
one calendar year?
[XJ yea ( ] no
If yes, go on to question (7).
If.no, go on to question (6b).
6b. Is the aaterial a coaaercial cheaical product that
exhibits a hazardous waste characteristic or is listed
as a hazardous waste in 40 CFR 261.33?
[ ) ye® I 1 no
If yes, go on to question (7).
If no, the practice is speculative
accuaulation, and the aaterial is a
solid waste. See applicable
regulations, below.
Is the aaterial placed on the ground or used in a product that it
placed on the ground?
[ 1 y«a (X) no
If yes, go on to question (7a).
If no, go on to question (8).
7a. Is the aaterial a coaaercial cheaical 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 Y«» t 1 no
If yes, the aaterial is not a solid waste.
If no, the activity results in use
constituting . disposal and the aaterial
is a solid waste. see applicable
regulations, below.
Is the aaterial used as 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 (9).
-------
an. 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?
t 1 yes ( J 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
regulations, below.
Is the aaterial 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).
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
(10a).
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
( ) 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 1 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
(10b).
10b. 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 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«» t ] no
If yes, the material is not regulated.
If no, the material is regulated. See item (2), below.
Discussion:
Because material with value -- the sine — is recovered from the
baghouse dusts, the process is classified as reclamation.
Characteristic sludges that are reclaimed are not solid wastes and
thus are not subject to RCRA Subtitle C regulation unless they are
speculatively accumulated or the product of reclamation is used in a
manner constituting disposal or burned as a fuel. Since these
exceptions do not apply to this case, the baghouse dusts are not a
solid waste and are thus not subject to RCRA Subtitle c regulation.
-------
RECLAMATION - SLUDGE 8
Description of Activity:
Ffoinslon control dust from ¦ zinc smelting furnace (a sludge
exhibiting the characteristic of EP-toxicity) Is sent to a by-product
cadmium recovery operation. The cadmium Is then sold to metal
finishers for use In electroplating operations.
what is the status of the emission control dust?
Quest ions:
1. Is the material that is recycled a secondary material?
IX] 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
lir-.ted 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).)
1*1 I J 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)?
[ J y«» (X] no
If yes, the material is not a solid waste.
If no, go on to question (4).
4. It; 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. Dons 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?
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 material recycled within
one calendar year?
IX] y«» [ ) 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?
( ] yes (.] 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 • product that is
placed on the ground?
I J y«" IX] no
If yea, go on to question (7a).
If no, go on to question (8).
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?
( ) yes ( ) 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.
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).
-------
Bit. Is the aaterial a coaaercial 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 J y«» I ] no
If yes, the aaterial is not a solid waste.
If no, the activity results in burning for
energy recovery, and the aaterial is a
solid waste. See- applicable
regulations, below. ,
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),
I J as an affective substitute for coaaercial products
in a particular function or ^plication, or
[ 1 as a substitute for raw material feedstock In the
primary production process froa which it was
generated, without being first reclaiaed (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 aaterial regenerated or are Materials with value
recovered froa the original aaterial?
1*1 y«« I ) no |*
If yes, the activity is reclamation. Go on to question
(10a).
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 aaterial
[ ] a hazardous waste listed under 40 CFR
261.31 or 261.32 (this provision
excludes coaaercial cheaical products,
which are listed under 40 CFR 261.33),
( ] a spent aaterial exhibiting one of the
characteristics of a hazardous waste
given in 40 CFR 261.20-.24, or
( ] a scrap aetal?
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
(10b).
10b. Is the aaterial
[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 coaaercial cheaical product that ex-
hibits a hazardous waste characteristic
or is listed under 40 CFR 261.33?
If any of the above apply, the aaterial 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 exeapt froa regulation (sea the list in Exhibit 6)?
I ] y«» [ ] no
If yes, the aaterial is not regulated.
If no, the material is regulated. See item <2), below. •
Discussion:
Because material with value — the cadmium — is recovered, the
process is classified as reclamation. Characteristic sludges that are
reclaiaed are not solid wastes and are not subject to RCRA Subtitle C
regulation unless thev 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 cadaiua recovery operation is an
ancllliary unit operation to the line smelting furnace.]
-------
RECLAMATION - SLUDGE 9
Description of Activity:
electroplating sludge from the wastewater treatment processes of
an electronics and computer manufacturing firm (a sludge listed under
EPA Hazardous Haste No. F006) is dewatered and reclaimed for its
metals content, after which the metals (mostly copper) are sold.
I
What is the status of the sludge?
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 1s 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).)
(X] 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
solid waste under 40 CFR 261.4(a) (see the list in Exhibit 5)?
t 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)?
( ) 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?
(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?
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 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 a hazardous 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 la speculative
accumulation, and the material is a
solid waste. Sea applicable
regulations, below.
7. Is the material placed on the ground or used in a' product that is
placed on the ground?
t ] Y«« IX] no
If yea, go on to question (7a).
If no, go on to question (8).
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?
( ) yes ( ] 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.
8. Is the material used as a fuel or used to produce a fuel?
t 1 y«s (X] no
If yes, go on to question (8a).
If no, go on to question (9).
-------
8.1- Is the material a commercial chemical product that
exhibits a hazardous wasta characteristic or is listed
in 40 CFR 261.31 and that is produced to be burned as
fuel?
( ] yes [ ] no
If yes, the aaterlal is not a solid waste.
If no, the activity results in burning for
energy recovery, and the aaterlal is a
solid waste. See applicable
regulations, below.
Is the aaterlal used or reused
[ ) as an Ingredient In an industrial process to aake-
a new product without lnteraedlate reclaaation
(regeneration or recovery of aaterials),
I J as an effective substitute for comaerclal products
in a particular function or ^plication, or
( ] as a substitute for raw aaterlal feedstock in the
prlaary production process froa which it was
generated, without being first reclalaed (a
closed-loop process)?
If any of tha above apply, the activity is use or
reuse, and the aaterlal Is not a solid waste.
If none of the above apply, go on to question (10).
Is the aaterlal regenerated or are aaterials with value
recovered froa the original aaterlal?
IX) y«" I 1 no
If yes, the activity is reclaaation. Go on to question
(10a).
If no, please review the definitions of activities in
this aanual and reconsider your answers, or
call the RCRA Hotline for assistance.
10a. Is the aaterlal
(X) a hazardous waste listed under 40 CFR
261.31 or 261.32 (this provision
excludes coaaercial chealcal products,
which are listed under 40 CFR 261.33),
( ) a spent aaterlal exhibiting one of the
characteristics of a hazardous waste
given in 40 CFR 261.20-.24, or
( ) a scrap aetal?
If any of the above apply, the aaterlal is
a solid waste. See applicable
regulations, below.
If none of the above apply, go on to question
(10b).
10b. Is the aaterlal
( ) either a sludge or a by-product that
exhibits one of the characteristics of a
hazardous wasta given in 40 CFR 261.20-
.24, and that is not listed under 40 CFR
261.31-.32, or
( ] a coaaercial chealcal product that ex-
hibits a hazardous waste characteristic
or is listed under 40 CFR 261.33?
If -any of the abova apply, tha aaterlal is
not a solid waste.
If none of the abova apply, please review
the definitions of activities in this
aanual and reconsider your answers, or
call the RCRA Hotline for assistance.
Applicable Regulations
1. Is the waste exeapt froa regulation (sea tha list in Exhibit 6)?
I 1 y«» [*1 no
If yas, tha aaterlal la not regulated.
If no, the aaterlal la regulated. Sea ltaa (2), below.
2. The generator of tha aludga la subject to reguireaents under 40
CFR 262. Transporters of tha aludga are aubject to requirements
under 40 CFR 263. Generators recycling the sludge on-site, off-
site recyclers and other parties handling tha sludge prior to
recycling aay be subject to storage facility requirements under
40 CFR 264 and 265 Subparts A through L. Generators who store the
sludge for no aore than 90 days in tanks or containers prior to
recycling are subject ohly to the requirements for accumulation
under 40 CFR 262.34. The reclaaation process itself is not regu-
lated. Any residues derived froa recycling the sludge nust be
nanaged as hazardous wastes.
Discussion:
Because this sludge Is dewatered and aaterials with value — the
aetals — 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.
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RECLAMATION - SLUDGE 10
Descriplton of Activity:
Hue dusta froa secondary copper smelters (a sludge exhibiting
the characteristic of EP-toxlcity) are reclaimed for their zinc
content by secondary tine smelters. The cine is sold for use as an
ingredient in the production of galvanized Metals.
What is the status of the flue dusts?
Questions:
1. Is the Material that is recycled a secondary Material?
IX] yes [ J no
If yes, go on to question (2).
If no, the Ml-rial is not a solid waste.
2. Is the Material hazardous? (A Material is hazardous if it is
lifted under 40 CFR 261.30-.]! or exhibits one of the
characteristics of a hazardous waste given in 40 CFR 261.20-.24,
ami is not specifically excluded froa 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 1s not a solid waste.
3. I;; the Material specifically excluded froM the definition of
colid waste under 40 CFR 261.4(a) (see the list in Exhibit 5)?
I 1 yea 1*1 no
If yes, the Material is not a solid waste.
It no, go on to question (4).
4. Is the Material inherently waste-like (see the list in Exhibit 4)
I 1 y«» 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.
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 I ] no
If yes, go on to question (7).
If no, go on to question (6b).
6b. Is the Material a coMMercial cheaical product that
' exhibits a hazardous 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
accuaulatlon, 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 (XJ no
If yes, go on to question (7a).
If no, go on to question (8).
7a. Is the Material a coMMercial cheMlcal product that
exhibits a hazardous waste characteristic or is listed
in 40 CFR 261.33 that is produced for application to
the land?
C j y«" I 1 no
If yes, the Material is not a solid waste.
If no, the activity results in use
constituting disposal and the naterlal
is a solid waste. See applicable
regulations, below.
Is the Material used as a fuel or used to produce a fuel?
I 1 yes [X) no
If yes, go on to question (8a).
If no, go on to question (9).
-------
8«. 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?
t 1 y«» M
If yes, the material Is not a solid waste.
If no, the activity results in burning for
energy recovery, and the naterlal Is a
•olid waste. See applicable
regulations, 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
( ) 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 1b not a solid waste.
If none of the above apply, go on to question (10).
Is the material regenerated or are materials with va
recovered from the original material?
IX) yes I ] bo
If yes, the activity is reclamation. Go on to question
(10a).
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
(10b).
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
[ 1 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®» [ ) no
If yes, the material is not regulated.
If no, the material Is regulated. See item (2), below.
Discussion:
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 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 flue dusts are not a solid waste and are thus not
subject to RCRA Subtitle C regulation.
-------
RECLAMATION - SLUDGE 11
Description of Activity:
Electrostatic precipitator ash froM refuse incineration flue gas
in Municipal incinerators (a sludge exhibiting the characteristic of
EP-tox i city) Is extended with a weak acidic solution to dissolve
zinc. The zinc is then extracted with an organic solvent and stripped
electi cilytlcally, yielding 100 percent pure zinc that can be used in
the production of galvanized aetals.
Wh.it is the status of the electrostatic precipitator ash?
Quest Ions:
1. Is the Material that is recycled a secondary Material?
IX) 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 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 ( J no
If yes, go on to question (3).
If no, the Material 1s 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 J Y«» [*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 (see the list in
Exhibit 4)?
t 1 y«« 1*1 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 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.
6. Is there a feasible Means for recycling the waste?
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 Material recycled within
one calendar year?
IX) yes I ) no
If yes, go on to question (7).
If.no, go on to question (6b).
6b. Is the Material a coMaercial cheMlcal product that
exhibits a hazardous waste characteristic or is listed
as a hazardous waste in 40 CFR 261.33?
{ ) yes 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.
7. Is the Material placed on the ground or used in a product
that is placed on the ground?
( ) y«» fX) no
If yes, go on to question (7a).
If no, go on to question (B).
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?
I ) Y«s t ) 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 yes [X) no
If yes, go on to question (8a).
If no, go on to question (9) .
-------
Rn. 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 t ] 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.
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 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 ia 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 I ] no
If yes, the activity is reclamation. Go on to question
(10a).
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
( ) 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
(10b).
10b. 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 1s 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)?
t ] yes I 1 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 precipitator 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 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 thiB case, the ash is not a solid waste and
thus is not subject to RCRA Subtitle C regulation.
-------
RECLAMATION - BY-PRODUCT 1
Description of Activity!
Bi.isa dross sklmlngs (a by-product exhibiting the characteristic
of EP-tuxlclty) go through a processor which separates the Metals from
the oxMcs. The oxides (which exhibit EP-toxicity) are then sold to a
fertilizer company that uses thea as an ingredient in fertilizer. The
fertilizer, which also exhibits EP-toxicity, is sold to the general
public. The metals, which also exhibit EP-toxicity, are sold to a
secondary swelter for recovery of copper and zinc.
Wli.it is the status of the aetals?
Questions:
1. Is tha 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. In the Material hazardous? (A Material is hazardous if it is
listed under 40 CFR 261.30-.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 [ ] 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)?
I 1 y«« (X] no
If yes, tha 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. Dots 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,
be1ow.
Is there a feasible neans 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 ( ] no
If yes, go on to question (7).
If no, go on to question (6b).
6b. Is the Material a commercial cheMlcal product that
• exhibits a hazardous waste characteristic or is listed
as a hazardous waste in 40 CFR 261.11?
( 1 yes ( ] 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 y»» (X) no
If yes, go on to question (7a).
If no, go on to question (S).
7a. Is the Material a commercial cheaical product that
exhibits a hazardous waste characteristic or is listed
in 40 CFR 261.11 that is produced for application to
the land?
( ] y«» ( ] 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?
t 1 yes (X) no
If yes, go on to question (8a).
If no, go on to question (9).
-------
8rt. 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 [ ] 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.
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 affective 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).
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
(10a).
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
( 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 waste. See applicable regula-
tions, below.
If none of the above apply, go on to question
(10b).
10b. 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)?
( ) y«» t 1 no
If yes, the material is not regulated.
If no, the material is regulated. See item (2), below.
Discussion!
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 Also: Use Constituting Disposal - By-Product 1
Use Constituting Disposal - By-Product 2
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RECLAMATION - BY-PRODUCT 2
Description of Activity;
Column bottoas and heavy ends containing hexachlorobutadlene froa
the production of perchlorethlyene (a by-product that is listed under
EPA Hazardous Waste No. K030) are stripped of volatile Materials
(which are recycled back into the perchlorethylene process) and
further distilled to recover Marketable hexachlorobutadlene.
What is the status of the coluan bottoms and heavy ends?
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 waste.
2. Ir. 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 y»s t 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)?
t 1 yes JX) 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 yes (X) no
If yes, the Material is a solid waste. See applicable
regulations, below.
If no, go on to question (5).
5. Dors 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?
[X] yes ( ] no
If yes, go on to question (7).
If no, go on to question (6b).
6b. Is the Material a coaaercial chealcal product that
. exhibits a hazardous waste characteristic or is listed
as a hazardous waste in 40 CFR 261.33?
t ] y«» [ ] no
If yes, go on to question (7).
If no, the practice is speculative accuaula-
tion, and the Material la 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 (7a).
If no, go on to question (8).
7a. Is the Material a coMaerclal cheaical 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 a solid waste.
If no, the activity results in use constitu-
ting disposal and the aaterial 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 [XJ no
If yes, go on to question (8a).
If no, go on to question (9).
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I
I
89. 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 bo burned as
fuel?
I 1 *«• I I no
If yaa, tha Material is not a solid waste,
t ir 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),
( J 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
qanerated, 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 guestion (10).
Xs» 10. is the material regenerated or are materials with value
I recovered from the original material?
1*1 yes I 1 ««>
If yes, the activity la reclamation. Go on to question
(10a).
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
(XI a hazardous waste listed under 40 CFR
261.31 or 261.32 (this provision
excludes commercial chemical products,
vhich 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
I 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?
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 yes [xj no
If yes, the material is not regulated.
If no, the material Is regulated. See item (2), below.
2. 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
bo''0"! and heavy ends prior to recycling may be subject to
storage facility requirements under 40 CFR 264 and 26S 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
hexachlorobutadiene are reclamation steps. Listed by-products that
are reclaimed are solid wastes and are subject to RCRA Subtitle c
regulation.
See Also:
Other - Mon-Secondary Material 5
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RECLAMATION - BY-PRODUCT 3
Description of Activity;
mill bottoaa fro* the distillation of benzyl chloride in
cheaic.i 1 a aanufacturing (a by-product listed under EPA Hazardous Waste
No. vni4) are reclaimed for their chloride content. (The reclamation
operation is not carried out in an incinerator.) The chlorides are
used as an ingredient to produce hydrochloric acid, which is U6ed as a
feedstock in cheaical aanufacturing.
What is the status of the still bottoas prior to being reclaimed?
Questions:
1. Is the aaterlal that is recycled a secondary Material?
(XJ yes ( J no
If yes, go on to question (2).
If no, the aaterlal is not a solid waste.
2. Is the material hazardous? (A material is hazardous if it is
listed under 40 CFR 261.10-.33 or exhibits one of the
characteristics of a hazardous wast* given in 40 CFR 261.20-.24,
ami is not specifically excluded from the definition of hazardous
vaute under 40 CFR 261.4(b).)
1*1 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
solid waste under 40 CFR 261.4(a) (see the list in Exhibit 5)?
( J y*« [X] no
If yes, the material is not a solid waste.
If no, go on to question (4).
4. Is the aaterlal inherently waste-like (see the list in Exhibit 4)?
I ] yes (XJ no
If yes, the aaterlal is a solid waste. See applicable
regulations, below.
If no, go on to question (5).
5. Does the activity serve a beneficial use?
IX) 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?
(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 a hazardous waBte characteristic or is listed
as a hazardous waste in 40 CFR 261.33?
( ] y«« 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.
Is the material placed on the ground or used in a product that is
placed on the ground?
( ) y«s (X) no
If yes, go on to question (7a).
If no, go on to question (B).
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?
( ) yes ( ] no
If yes, the material la not a solid waate.
If no, the activity results in use
constituting . disposal and the aaterlal
is a solid waste. See applicable
regulations, below.
Is the aaterlal used as a fuel or used to produce a fuel?
( ] yea (X) no
If yea, go on to question (8a).
If no, go on to question (9).
-------
8a. Is 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?
[ ] y«" 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.
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 aaterial 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 I 1 no
If yes, the activity is reclamation. Go on to question
(10a).
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 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
(10b).
10b. 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 Bxhibit 6)?
I ] y«s (X) no
If yes, the material is not regulated.
If no, the material is regulated. See item (2), below.
2- 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-site, 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 26S 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 is 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 wastes, and are thus
subject to RCRA Subtitle C regulation.
See Also:
Reclamation - By-Product 4
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RECLAMATION - BY-PRODUCT 4
Description of Activity!
ill ill bottoas from Chan lea Is Manufacturing (a by-product
exhibit ing the characteristic of corrosivlty) are reclaiaed through a
cheiilc.il treataent process for their chloride content. (The
reclamation operation is not carried out in an Incinerator.) The
chlorHes are used as an ingredient to produce hydrochloric acid,
which is used as a feedstock in cheaical aanufacturing.
What 1b the status of the still bottoas prior to being reclaiaed?
Questions; * *
1. Is the aaterlal that is recycled a secondary aaterial?
(X) yes [ ) no
If yes, go on to question (2).
If no, the aaterial is not a solid waste.
2. Is the aaterial hazardous? (A aaterial 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,
nnd is not specifically excluded froa the definition of hazardous
waste under 40 CFR 261.4(b).)
(X) yes ( ) no
If yes, go on to question (3).
If no, the aaterial 1s not a solid waste.
3. Is the aaterial specifically excluded froa the definition of
solid waste under 40 CFR 261.4(a) (see the list in Exhibit 5)?
( 1 yes [X) no
If yes, the aaterial is not a solid waste.
If no, go on to question (4).
4. Is the aaterial inherently waste-like (see the list in Exhibit 4)?
( ) yes (X] no
if yes, the aaterial is a solid waste. See applicable
regulations, below.
If no, go on to question (5).
5. Does the activity serve a beneficial use?
IX) yes [ ) no
If yes, go on to question (6).
If no, the activity is not recycling, and the aaterial
is a solid waste. See applicable regulations,
below.
Is there a feasible aeans for recycling the waste?
[X] 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 aaterial recycled within
one calendar year?
1*1 yes ( ] no
If yes, go on to question (7).
If no, go on to question (6b).
6b. Is the aaterial a coaaercial cheaical product that
' exhibits a hazardous waste characteristic or is listed
as a hazardous waste in 40 CFR 261.33?
[ 1 yes I ] no
If yes, go on to question (7).
If no, the practice is speculative
accuaulation, and the aaterial is a
solid waste. See applicable
regulations, below.
Is the aaterial placed on the ground or used in a product that is
placed on the ground?
I ) yes [X] no
If yes, go on to question (7a).
If no, go on to question (8).
7a. Is the aaterial a coaaercial cheaical product that
exhibits a hazardous waste characteristic or is listed
in 40 CFR 261.33 that is produced for application to
the land?
( 1 y«« t 1 no
If yes, the aaterial 1s not a solid waste.
If no, the activity results in use
constituting disposal and the aaterial
is a solid waste. See applicable
regulations, below.
Is the aaterial used as a fuel or used to produce a fuel?
( ) yes (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?
( ] yes t ] 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
regulations, below.
Is the aaterial used or reused
I ) as an ingredient in an industrial process to lake'
a new product without intermediate reclamation
(regeneration or recovery of Materials),
{ J as an effective substitute for commercial products
in a particular function or application, or
(1 as a substitute for raw aaterial 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?
JX) yes [ ) no
If yes, the activity is reclamation. Go on to question
(10a).
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
( ] 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
(10b).
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 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 process exempt from regulation (see the list in Exhibit
6)?
I 1 y®« [ ] no
If yes, the material is not regulated.
If no, the material is regulated. See item (2), below.
Discussion:
Because materials with value — the 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
these exceptions do not apply In this case, the still bottoms are not
a solid waste and thus are not subject to RCRA Subtitle C regulation.
See Also!
Reclamation - By-Product 3
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RECLAMATION - BY-PRODUCT 5
Description of Activity;
Chlorinated hydrocarbon waate froM tha purification step of the
diaphragm coll process using graphite anodea In chlorine production
(by-products listed under EPA Hazardous Waste No. K073) are saelted to
recover lead.
What is the status of the chlorinated hydrocarbon waste?
Questions;
1. Is the naterial that Is recycled a secondary naterial?
(X) y«s f ] no
If yes, go on to question (2).
If no, the material is not a solid waste.
2. Is the Material hazardous? (A naterial Is hazardous If it is
ll-.ted under 40 CFR 261.30-.33 or exhibits one of the
characteristics of a hazardous waste given in 40 CFR 261.20-.24,
ami is not specifically excluded froM tha definition of hazardous
w;iste under 40 CFR 261.4(b).)
(X) yes t 1 no
If yes, go on to question (3).
If no, the naterial is not a solid waste.
3. Ig the Material specifically excluded fro* the definition of
solid waste under 40 CFR 261.4(a) (aae the list in Exhibit 5)?
[ ) y®s |XJ no
If yes, the saterlal 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 (5).
5. Does the activity serve a beneficial use?
IX) 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 J yes ( ) 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 year7
JXJ yea ( ] no
If yes, go on to question (7).
If no, go on to question (6b).
6b. Is the naterial a commercial chemical product that
. exhibits a hazardous waste characteristic or is listed
as a hazardous waste in 40 CFR 261.33?
I ] y«s I ) no
If yes, go on to question (7).
If no, the practice is speculative
accuaulation, and the material is a
solid waste. See applicable
regulations, below.
Is the Material placed on the ground or used in a product that ia
placed on the ground?
I ] y«» fX) no
If yea, go on to question (7a).
If no, go on to question (¦).
7a. Is the Material a connerclal chenlcal product that
exhibits a hazardous waste characteristic or is listed
in 40 CFR 261.33 that ia produced for application to
tha land?
I J yes 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 uaed to produce a fuel?
C 1 ya» (X) no
If yes, go on to question (8a).
If no, go on to question (9).
-------
p.i. 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 [ ] no
If yes, the eaterlal is not a solid waste.
If no, the activity results in burning for
energy recovery, and the material is a
•olid waste. See applicable
regulations, below.
Is the material used or reused
( ) as an ingredient in an industrial process to make
a new product without internedlate 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).
Is the material regenerated or are materials with value
recovered from the original material?
IX] y*» I ) no
If yes, the activity is reclamation. Go on to question
(10a).
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
(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 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)?
t ] 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 chlorinated hydrocarbon waste is subject to
requirements under 40 CFR 262. Transporters of the 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 6
Description of Activity!
Chloralkall sludges (by-products listed under EPA Hazardous Haste
No. ku71) are dewatered, roasted, condensed and demisted to recover
Mercury.
What Is the status of the sludges?
Questions:
1. Is the material that Is recycled a secondary material?
(X) yes J J 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,
an
-------
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 { ] 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
•olid waste. 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),
( ] 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 va
recovered from the original material?
1*1 y«» ( 1 no
If yes, the activity is reclamation. Go on to question
(10a).
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
(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
(10b).
10b. 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)?
I ] ye» t*l no
If yes, the material is not regulated.
If no, the material is regulated. See item (2), below.
2. The generator of the sludges is subject to requirements under 40
CFR 262. Transporters of the sludges are subject to requirements
under 40 CFR 263. Generators recycling the sludges on-site, off-
site recyclers and other parties handling the sludges prior to
recycling may be subject to storage facility requirements under
40 CFR 264 and 265 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. The reclamation process Itself is not
regulated. Any residues derived from recycling the sludges must
be managed as hazardous wastes.
Discussion;
Because material with value — mercury — is 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 7
Mscri]>! Inn of Activity!
Steam stripper condensate froa the petroleum refining process,
contaminated with phenol (a by-product exhibit ing the characteristic
of ignitability) goes through a solvent extraction process to recover
the phenol, which is reused in petroleum refining to iaprove the
viscosity of lube oils.
Hh.it is the status of the steaa stripper condensate prior to
solvent nxtractlon?
Questions:
1. Is the Material that is recycled a secondary material?
[X] yes I J no
If yes, go on to question (2).
If no, the aaterlal is not a solid waste.
2. Is the aaterlal hazardous? (A aaterlal is hazardous If it |s
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 froa the definition of hazardous
waste under 40 CFR 261.4(b).)
(X) yes [ J no
If yes, go on to question (3).
If no, the aaterlal is not a solid waste.
3. Is the aaterlal specifically excluded froa the definition of
solid waste under 40 CFR 261.4(a) (see the list in Exhibit 5)?
( 1 yes (XJ no
If yes, the aaterlal is not a solid waste.
If no, go on to question (4).
4. Is the aaterlal inherently waste-like (see the list In Exhibit 4)?
( ) yes (X) no
If yes, the aaterlal is a solid waste. 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 aaterlal
is a solid waste. See applicable regulations,
below.
Is there a feasible aeans for recycling the waste?
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 aaterlal 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 aaterlal a coaaerclal chemical product that
. exhibits a hazardous waste characteristic or is listed
as a hazardous waste in 40 CFR 261.33?
I 1 yes [ ] no
If yes, go on to question (7).
If no, the practice is speculative
accuaulation, and the aaterlal is a
solid waste. See applicable
regulations, below.
7. is the aaterlal 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 (8).
7a. Is the aaterlal a coaaerclal 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«" [ 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.
8. Is the aaterlal used as a fuel or used to produce a fuel?
t ] yes (X] no
If yes, go on to question (Ba).
If no, go on to question (9).
-------
#«. 18 the aaterial a coaaercial cheaical product that
exhibits a hazardous waste characteristic or is listed
In 40 CFR 261.31 and that is produced to be burned as
fuel?
| } yes { 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 aaterial used or reused
I i J as an Ingredient in an indust^al process to make .
a new product without intermediate reclamation
(regeneration or recovery of materials),
[ J as an effective substitute for coaaercial products
in a particular function or application, or
( ) as a substitute for raw aaterial feedstock in the
priaary production process frun 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 aaterial is not a solid waste.
If none of the above apply, go on to question (10).
10. Is the aaterial regenerated or are aaterials with value
recovered froa the original aaterial?
IX) yes I J no
If yes, the activity is reclamation. Co on to question
(10a).
If no, please review the definitions of activities in
this aanual and reconsider your answers, or
call the RCRA Hotline for assistance.
I
u>
1
lo.i. Is the aaterial
( ] a hazardous waste listed under 40 CFR
261.31 or 261.12 (this provision
excludes commercial cheaical products,
which are listed under 40 CFR 261.31),
( ] a spent aaterial exhibiting one of the
characteristics of a hazardous waste
given in 40 CFR 261.20-.24, or
( ) a scrap aetal?
If any of the above apply, the aaterial is
a solid waste. See applicable
regulations, below.
If none of the above apply, go on to question
(10b).
10b. Is the material
JX) 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 ia not listed under 40 CFR
261.11-.12, or
I ) a coaaercial cheaical product that ex-
hibits a hazardous waste characteristic
or is listed under 40 CFR 261.31?
If any of the above apply, the aaterial 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 Kotline for assistance.
Applicable Regulations
1. Is the waste exeapt froa regulation (sea the list in Exhibit 6)?
( ] yea ( j no
If yes, the aaterial is not regulated.
If no, the aaterial is regulated. See itea (2), below.
Discussion:
Because solvent extraction recovers aaterials of value — phenol
— froa the condensate, the process is defined as reclaaation.
Characteristic by-products that are reclalaed are not defined as solid
wastes and thus are not subject to RCRA Subtitle C regulation unless
they are speculatively accuaulated, 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 steaa stripper
condensate is not a solid waste and thus is not subject to RCRA
Subtitle C regulation.
-------
RECLAMATION - BY-PRODUCT 8
Dcscrlp*I on of Activity»
A wast* itr«n containing hexachlorobenzene and
hexachlorobutadiene from the manufacture of chloromethanes (by-
product n exhibiting the characteristic of Ignltablllty) Is distilled.
The distillate, which 1s also ignltable, is chlorinated in a nickel
tube to produce carbon tetrachloride. The carbon tetrachloride is
then marketed.
' What Is the status of the waste stress containing
hexachlorobenzene and hexachlorobutadiene?
Questions:
1. Is the material that is recycled a secondary material?
[X] yes [ ) nd
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).)
(X) yea t ] no
If yes, go on to question (3).
If no, the material is not a aolid waste.
3. Is the material specifically excluded froa the definition of
solid waste under 40 CFR 261.4(a) (see the list in Exhibit 5)?
I ) yes (X] no
If yes, tha aaterial is not a solid waste.
If no, go on to question (4).
4. Is the aaterial Inherently waste-like (see the list in Exhibit 4)
( ) yes (X) no
If yes, the aaterial is a solid waste. See applicable
regulations, below.
If no, go on to question (5).
5. Does the activity serve a beneficial use?
(*1 yes [ 1 no
If yes, go on to question (6).
If no, the activity is not recycling, and the aaterial
Is a solid waste. See applicable regulations,
below.
Is there a feasible aeans for recycling the waste?
IXJ yes ( ] no
If yes, go on to question (6a).
If no, go on to question (6b).
6a. is at leaBt 15 percent of the aaterial recycled within
one calendar year?
(XI yes ( 1 no
If yes, go on to question (7).
If no, go on to question (6b).
6b. . is the aaterial a commercial chemical product that
exhibits a hazardous waste characteristic or is listed
as a hazardous waste In 40 CFR 261.33?
( ) yes [ ] no
If yes, go on to question (?).
If no, the practice is speculative
accuaulation, and tha aaterial 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«» IX] no
If yes, go on to question (7s).
If no, go on to question (i).
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?
( ) yes 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?
( ) yes {X] no
If yes, go on to question (8a).
If no, go on to question (9).
-------
8a. Is the material a commercial chemical product that
exhibit* a hazardous waste characteristic or is listed
in 40 cm 261.13 and that is produced to be burned as
(uel?
t ] y«» 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.
Is the material used or reused
[ ] as an ingredient In an industrial process to sake -
a new product without intermediate reclamation
(regeneration or recovery of materials),
( J 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, 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 v
recovered from the original material?
IX] y«» I ] no
If yes, the activity is reclamation. Go on to question
(10a).
If no, please review the definitions of activities in
this manual and reconsider your answers, or
call the RCRA Hotline for assistance.
ion. 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 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
(10b).
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 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 ] y«» ( ) no
If yes, the material Is not regulated.
If no, the material 1s regulated. See item (2), below.
Discussion;
Distillation of the waste stream containing hexachlorobenzene and
hexachlorobutadiene 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 speculatively
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, the initial waste stream Is not a solid waste and
thus Is not subject to RCRA Subtitle C regulation'.
See also; Other - Non-Secondary Material 10
-------
RECLAMATION - BY-PRODUCT 9
Dcscript I on of Actlvltvt
PolyurethJne rasiduaa (a by-product exhibiting the characteristic
o£ lqnlLability) are distilled to recover methylene chloride for use
in industrial applications.
What is the status of the polyurethane residues?
Questions;
1. Is I he 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 hazardous if it is
listed under 40 CIT» 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 ( 1 no
If yes, go on to question (3).
If no, the material is not a solid waste.
l. 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«s CXJ 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«s JX) no
If yes, the material is a solid waste. See applicable
regulations, below.
If no, go on to question (5).
5. Dons the activity serve a beneficial use?
IX) 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 ( ) 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 a hazardous waste characteristic or is listed
as a hazardous waste in 40 CFR 261.33? »
I 1 y«» 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?
( ] JX] 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 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 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 a fuel?
( 1 yes (X) no
If yes, go on to question (8a).
If no, go on to question (9).
-------
fld. Is the notarial a commercial chemical product that
exhibits a hazardous vast* characteristic or Is listed
in 40 CFR 261.33 and that is produced to be burned as
f uol?
t 1 y«« C 1 no
If yea, ths material is not a solid waste.
If no, ths activity results in burning for
energy recovery, and the material is a
solid waste. See applicable
regulations, 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 • particular function or application, or
J 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 question (10).
Is the material regenerated or are materials with value
recovered from the original material?
[X) yes t ] no
If yes, the activity is reclamation. Go on to question
(10a).
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
J J a hazardous waste listed under 40 CFR
261.31 or 261.32 (this provision
excludes commercial chemical products,
which are listed under «0 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
(10b).
10b. 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 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»« C 1 no
If yes, the material is not regulated.
If no, the material is regulated. See item (2), below.
Discussion;
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 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 polyurethane residues are a
solid waste and thus are not subject to RCRA Subtitle C regulation.
-------
RECLAMATION - BY-PRODUCT 10
Description of Activity:
bolder drosses that are generated In soldering Integrated
circuits to printed circuit boards (a by-product exhibiting the
characteristic of EP-toxlcity) are sold to recyclers who recover lead
in secondary smelters. The lead is sold to battery Manufacturers for
use in the production of lead-acid batteries.
What is the status of the solder drosses?
Quest Ions;
1. Is the aaterial that is recycled a secondary aaterial?
I*] V«» I 1 no
If yes, go on to question (2).
If no, the aaterial is not a solid waste.
2. Is the aaterial hazardous? (A aaterial 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 froa 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 aaterial is not a solid waste.
3. Is the aaterial specifically excluded froa the definition of
solid waste under 40 CFR 261.4(a) (see the list in Exhibit 5)?
[ ] yes [X] no
If yes, the aaterial is not a solid waste.
If no, go on to question (4).
4. Is the aaterial inherently waste-like (see the list in Exhibit 4)?
I ) y«» IX] no
If yes, the aaterial la a solid waste. See applicable
regulations, below.
If no, go on to question (5).
3. Does the activity serve a beneficial use?
(XJ yes t ) no
If yes, go on to question (6).
If no, the activity is not recycling, and the aaterial
is a solid waste. See applicable regulations,
below.
6.
Is there a feasible Beans for recycling the waste?
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 aaterial recycled within
one calendar year?
[XJ yes ( ) no
If yes, go on to question (7).
If no, go on to question (6b).
6b. Is the aaterial a coaaercial chealcal product that
' exhibits a hazardous waste characteristic or is listed
as a hazardous waste in 40 CFR 261.33?
I ) yes [ ) no
If yes, go on to question (7).
If no, the practice is speculative
accuaulation, and the aaterial is a
solid waste. See applicable
regulations, below.
7. Is the aaterial placed on the ground or used in a product that is
placed on the ground?
( ] y«" IX) no
If yes, go on to question (7a).
If no, go on to question (8).
7a. Is the aaterial a coaaercial chealcal product that
exhibits a hazardous waste characteristic or is listed
in 40 CFR 261.33 that is produced for application to
the land?
( J yes ( ] no
If yes, the aaterial is not a solid waste.
If no, the activity results in use
constituting disposal and the aaterial
is a solid waste. See applicable
regulations, below.
B. Is the aaterial used as a fuel or used to produce a fuel?
t I y«» [X) no
If yes, go on to question (8a).
If no, go on to question (9).
-------
8n. IB the *aterial 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?
[ ] yea 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.
Is the Material used or reused
( ) as an Ingredient in an industrial process to vaki -
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 fron 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 pn 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
(10a).
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
( ] 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
(10b).
10b. Is the material
(X) either a sludge ot 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«» I 1 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
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 solder drosses are not a
solid waste and thus are not subject to RCRA Subtitle C regulation.
-------
RECLAMATION - BY-PRODUCT XI
Descrlption of Activity:
Aind digested coal ash (a by-product exhibiting the
characteristic of EP-toxlclty) goes through an adsorptive bubble
technique, adding the sulfite ion and adjusting the solution pH, to
recover metal cations of copper, cobalt, nickel, nanganese, iron,
lead, zinc, vanadium, aluminum, and chromium.
What is the status of the acid digested coal ash?
Questions:
1. Is the material that is recycled a secondary material?
IX) ye» [ ) 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
lifted under 40 CFR 2(1.30-.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
drfinition 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.
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 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«» [X] no
If yes, the material is a solid waste. See applicable
regulations, below.
If no, go on to question (5).
5. Dons 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?
[XJ yes 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 waste in 40 CFR 261.33?
( 1 yes ( ) 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?
[ 1 yes (X) no
If yes, go on to question (7a).
If no, go on to question (B).
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?
I 1 yes M 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?
( ) ye» IX] no
If yes, go on to question (Ba).
If no, go on to question (9).
-------
I
8.1. Is 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
fuul?
[ J 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 makd
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 guestion (10).
10. ]:- the material regenerated or are materials with value
I recovered from the original material?
«£, [X) yes ( ) no
U>
If yes, the activity is reclamation. Go on to question
(10a).
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
( ) 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
(10b).
10b. 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)?
I ] yes ( ] no
If yes, the material is not regulated.
If no, the material is regulated. See item (2), below.
Discussion:
Because materials 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 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 acid digested coal ash is not a solid waste and thus is not
subject to RCRA Subtitle c regulation.
-------
RECLAMATION - SCRAP HETAL 1
Descrlptton of Activity!
Nmt-mn
-------
en. 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?
[ 1 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.
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).
Is the material regenerated or are materials with value
recovered from the original material?
IX] V«» t ] no
If yes, the activity is reclamation. Go on to question
(10a).
If no, please review the definitions of activities in
this manual and reconsider your answers, or
call the RCRA Hotline for assistance.
ln.i. 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 regula-
tions, below.
If none of the above apply, go on to question
(10b).
10b. 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 Regulationss
1. Is the waste exempt from regulation (see the list in
Exhibit 6)?
(XI yes ( ) no
If yes, the material is 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 Hetal 3
-------
RECLAMATION - SCRAP METAL 2
oescrliit ion of Activity:
S.:r.ip metal that exhibits the characteristic of EP-toxiclty is
ntlteil to recover lead. The lead la sold and used to aanufacture
batteriob.
Nh.it Is the status of the scrap aetal?
Questions:
1. Iu the material that Is recycled a secondary aaterlal?
[X] yea ( J no
If yes, go on to question (2).
If no, the Material la not a solid waste.
2. Is the Material hazardous? (A aaterlal is hazardous if it is
lifted under 40 CFR 261.30-.33 or exhibits one of the
characteristics of a hazardous waste given in 40 CFR 261.20-.24,
ami is not specifically excluded froa the definition of hazardous
waste under 40 CFR 261.4(b).)
(X) yes I ] no
If yes, go on to question (1).
If no, the aaterlal is not a solid waste.
3. Is the Material specifically excluded froa the definition of
solid waste under 40 CFR 261.4(a) (see the list in Exhibit 5)?
I ] y«» [XJ no
If yes, the aaterlal Is not a solid waste.
If no, go on to question (4).
4. Is the aaterlal Inherently waste-like (see the list in Exhibit 4)?
( J yes (X] no
If yes, the Material is • solid waste. See applicable
regulations, below.
If no, go on to question (5).
5. Docs 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 aaterlal
is a solid waste. See applicable regulations,
below.
Is there a feasible Beans for recycling the waste?
(*1 yes ( ) no '
If yes, go on to question (6a).
If no, go on to guestion (6b).
6a. Is at least 75 percent of the aaterlal 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 aaterlal a coaaercial chealcal product that
' exhibits a hazardous waste characteristic or is listed
as a hazardous waste in 40 CFR 261.33?
I 1 yea I J no
If yes, go on to question (7).
If no, the practice is speculative
accuaulation, and the aaterlal is a
solid waste. See applicable
regulations, below.
7. Is the aaterlal 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 (8).
7a. Is the aaterlal a coaaercial chealcal 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 yes | ] no
If yes, the aaterlal is not a solid waste.
If no, the activity results in use
constituting disposal and the aaterlal
is a solid waste. See applicable
regulations, below.
S. Is the aaterlal used as a fuel or used to produce a fuel?
[ ) yes (X) no
If yes, go on to question (8a).
If no, go on to question (9).
-------
Da. 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?
I J 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.
Is the material used or reused
( ] 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 a particular function or application, or
( ] as a substitute for raw Material feedstock in the
priMary production process front 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?
IX) yes ( ) no
If yes, the activity is reclamation. Go on to question
(10a).
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
I ) 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
(10b).
10b. 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 cheMlcal 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)?
[X] yes ( ] no
If yes, the Material is not regulated.
If no, the Material is regulated. Sea IteM (2), below.
Discussion!
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.
-------
RECLAMATION - SCRAP METAL 3
Pescript Ion of Activity:
Hon-magnetlc automobile shredder rejects (scrap metals exhibiting
the cli iractertistic of EP-toxlclty) go through a water elutrlator
system to recover nonferrous nixed metals (which also exhibit EP-
toxlclty) ( which are sent to a secondary smelter for reclamation.
Hli.it Is the status of the recovered mixed metals?
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. Is the material hazardous? (A material Is hazardous If it is
lifted under 40 '"''R 261.30-.33 or exhibits one of the
characteristics of a hazardous waste given In 40 CFR
2m.20-.24, and 1s not specifically excluded from the
definition of hazardous waste under 40 CFR 261.4(b).)
. (XI yes ( 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 1 (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)?
t J y«» [XJ no
If yes, the material Is a solid waste. See applicable
regulations, below.
If no, go on to question (5).
5. n'irs the activity serve a beneficial use?
IX) 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 7S 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?
t ) yes I ] no
If yes, go on to question (7).
If no, the practice Is speculative accumula-
tion, and the material is a solid
vaBte. 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
It yes, go on to question (7a).
If no, go on to question (8).
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?
I ] yes ( ) no
If yes, the material is not a solid waste.
It no, the activity results in use constitu-
ting disposal and the material is a
solid waste. See applicable regula-
tions, below.
Is the n&terlal 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).
-------
I
8a. 13 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 toe burned as
fuel?
t 1 y«« I 1 no
If yea, the material is not a aolid wast*.
If no, the activity result* in burning for
1 energy recovery, and the material is
a solid waste. See appllcable regu-
lations, below.
I 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),
J 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.
Xj If none of the above apply, go on to question (10).
I
— 10. Is the material regenerated or are materials with value
X recovered from the original material?
*0
{X) yes [ ] no
If yes, the activity is reclamation. Go on to question
(10a).
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
f 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),
( J 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
(10b).
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 * tiasardous wasts 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.
*BPl icable Regulations!
1. Is the waste exempt from regulation (see the list In Exhibit 6)?
(X) yes C 1 no
If yes, the material is not regulated.
if no, the material la regulated. See item (2), below.
Plscussloni
The mixed metals are products of the reclamation of a
characteristic scrap metal. However, they are still scrap metals
exhibiting the characteristic of EP-toxiclty, and must undergo further
reclamation at the secondary smelter, characteristic scrap metals that
are reclaimed are defined as solid wastes but are currently exempt
fro* RCRA Subtitle C regulation.
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USE/REUSE - SPENT MATERIAL 1
Descrlptlnn of Activity:
Spent pink/red water from the production of TNT (a sulfite-
containlnij spent Material listed under EPA Hazardous Haste No. K047)
Is used by the paper Industry as a pulplnq liquor in a ctieaical-based
pulping process.
What Is the status of the pink/red water?
Questions:
1. Is the Material that Is recycled a secondary material?
(X) yes I J 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).)
IX) yes I ) no
If yes, go on to question (3).
If no, the Material Is not a solid waste.
3. Is the naterlal specifically excluded from the definition of
solii] waste under 40 CFR 261.4(a) (see the list in Exhibit 5)?
I 1 yes JX) 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 [XJ no
If yes, the Material is a solid waste. See applicable
regulations, below.
If no, go on to question (5).
5. Dons 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 ( ) 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 ] yes ( ) 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 a product that is
placed on the ground?
t ] yes (X] no
If yes, go on to question (7a).
If no, go on to question (8).
7a. Is the Material a coMaercial 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 yes ( ] 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?
( 1 yes (X] no
If yes, go on to question (8a).
If no, go on to question (9).
-------
I
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 [ ) 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
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),
[X) 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 tha above apply, tha activity is use or
reuse, and the material is not a solid waste.
If none of the above apply, go on to question (10).
I 10. Is the material regenerated or are materials with value
recovered from the original material?
( J yes [ ] no
If yes, the activity is reclamation. Go on to question
(10a).
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
[ ] 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
(10b).
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)?
C 1 y«" [ 1 no
If yes, the material is not regulated.
If no, the material is regulated. See item (2), below.
Discussion;
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. Materials that are used/reused in this
manner are not solid wastes and are not subject to RCRA Subtitle C
regulation, unless they are speculatively accumulated, used in manner
constituting disposal, or burned as a fuel.
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USE/REUSE - SPENT MATERIAL 2
Description of Activityi
Spent pi,ckle liquor (a ap«nt aaterial Hated under EPA Hazardous
Waste No. K062) la used directly as a wastewater conditioner.
What Is the status of the spent pickle liquor?
Questions:
1. Is the aaterial that is recycled a secondary aaterial?
IXI yes t 1 no
If yes( go on to question (2).
If no, the aaterial is not a solid waste.
2. Is the ¦aterial 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 froa the definition of hazardous
waste under 40 CFR 261.4(b).)
[X) yes I 1 no |
If yes, go on to question (3).
If no, the aaterial is not a solid waste.
3. Is the aaterial specifically excluded froa the definition of
solid waste under 40 CFR 261.4(a) (see the list In Exhibit 5)?
( ) yes (X) no
If yes, the aaterial is not a solid waste.
If no, go on to question (4).
4. Is the aaterial Inherently waste-like (see the list in Exhibit 4)7
[ ] yes [X] no
If yes, the aaterial Is a solid waste. See applicable
regulations, below.
If no, go on to question (5).
5. Does the activity serve a beneficial use?
IX) yes I 1 no
If yes, go on '¦ 3 question (6).
If no, the activity is not recycling, and the aaterial
is a solid waste. See applicable regulations,
below.
Is there a feasible Beans for recycling the waste?
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 aaterial 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 aaterial a coaaerclal chealcal product that
exhibits a hazardous waste characteristic or is listed
as a hazardous waste in 40. CFR 261.33?
I 1 yes ( ] no
If yes, go on to question (7).
If no, the practice is speculative
accuaulatlon, and the aaterial Is a
solid waste. See applicable
regulations, below.
Is the aaterial placed on the ground or used in a product that Is
placed on the ground?
I 1 yes (X) no
If yes, go on to question (7a).
If no, qo on to question (8).
7a. Is the aaterial a coaaerclal chealcal product that
exhibits a hazardous waste characteristic or is listed
in 40 CFR 261.33 that is produced for application to
the land?
I ) yes t ] no
If yes, the aaterial is not a solid waste.
If no, the activity results in use
constituting disposal and the aaterial
is a solid waste. See applicable
regulations, below.
Is the aaterial used as a fuel or used to produce a 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 commercial chemical product that
exhibits a hazardous vaata characteristic or is listed
in 40 cn« 261.13 and that is produced to be burned as
fuel?
! 1 ¥•• C 1 no
If yea, 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.
Is tha Material used or reused
[ 1 as an Ingredient In an Industrial process to maVe
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
( } 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 tha above apply, tha activity Is use or
reuse, and tha 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 tha original material?
( ) yes I ) "o
If yes, the activity la reclamation. Go on to question
(10a).
If no, please review tha definitions of activities in
this manual and reconsider your answers, or
call tha RCRA Hotline for assistance.
loa. Is the material
( ] a hazardous waste listed under 40 CFR
261.31 or 261.32 (this provision 1
excludes comMerclal 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 tha above apply, the material is
a aolid waste. See applicable
regulations, below.
If none of the above apply, go on to question
(10b).
10b. 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 la 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, tha material is
not a solid waste.
If none of the abova 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 tha waste exempt from regulation (see tha list in Exhibit 6)?
( 1 y®s { ) no
If yes, tha material is not regulated.
If no, the material Is regulated. See Item (2), below.
Discussion!
Because dumping secondary materials into water to serve aa 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 aa wastewater conditioners, however, Is not use constituting
disposal. Using secondary matarlala aa waatewater conditioners is not
similar to land disposal bacauae the secondary material la chemically
combined as part of the conditioning process and la subsumed as an
ingredient in the conditioned water. In this caae, the pickla liquor
is directly reused without any reclamation as a substitute for a
commercial product. Matarlala 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.
-------
USE/REUSE - SPENT MATERIA!. 3
Description of Activity!
A spent electrolyte froa the primary copper production process (a
spent material that exhibits the characteristic of EP-toxlclty) is
returned without being reclaimed to the copper production process as a
feedstock.
Hint is the status of the spent electrolyte?
Questions:
1. I:; the material that is recycled a secondary Material?
IX] yes ( 1 no
If yes, go on to question (2).
If no, the material la not a solid waste.
2. Is the aaterial 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 froa the definition of hazardous
waste under 40 CFR 261.4(b).)
(X) yea ( I no
If yes, go on to question (3).
If no, the aaterial la not a solid waste.
3. Is the aaterial specifically excluded froa the definition of
solid waste under 40 CFR 261.4(a) (see the list in Exhibit 5)?
I 1 y«« 1*1 no
If yes, tha aaterial Is not a solid waste.
If no, go on to question (4).
4. Is the aaterial inherently waste-like (see the list in Exhibit 4)
( 1 yes (X) no
If yes, the aaterial is a solid waste. See applicable
regulations, below.
If no, go on to question (3).
5. Dues 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 aaterial
is a solid waste. See applicable regulations,
below.
6. Is there a feasible aeans 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 aaterial 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 aaterial a coaaercial chealcal product that
. exhibits a hazardous waste characteristic or is listed
as a hazardous waste in 40 CFR 261.33?
( ] y«» C ] no
If yes, go on to question (7).
If no, the practice is speculative
accuaulation, and tha aaterial Is a
solid waste. Sea applicable
regulations, below.
Is the aaterial placed on tha 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 (8).
7a. Is the aaterial a coaaercial chealcal product that
exhibits a hazardous waste characteristic or is listed
in 40 CFR 261.33 that Is produced for application to
the land?
( ) yes I 1 no
If yes, the aaterial 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.
8. Is the aaterial used as a fuel or used to produce a fuel?
( ) yes (X] no
If yes, go on to question (8a).
If no, go on to question (9).
-------
B,i. ti the Material a coaaercial chemical product that
exhibit* a hazardous waste characteristic or is listed
in 40 CFR 261.13 and that is produced to be burned as
fuel?
I ) yes I 1 no
If yes, the aaterial is not a solid waste.
If no, the activity results in burning for
energy recovery, and the aaterial is a
solid waste. Sea applicable
regulations, below.
9. Is the aaterial used or reused
[ ] as an ingredient in an industrial process to aake
a new product without interaediate reclaaation
(regeneration or recovery of Materials),
( J as an effective substitute for coaaercial products
in a particular function or application, or
[X] as a substitute for raw aaterial feedstock in the
priaary production process froa 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 aaterial is not a solid waste.
If none of the above apply, go on to guestion (10).
. N 10. la the aaterial regenerated or are aaterials with value
I recovered froa the original aaterial?
<3j J ] yes I 1 no
If yes, the activity Is reclaaation. Go on to guestion
(10a).
If no, please review the definitions of activities in
this aanual and reconsider your answers, or
call the RCRA Hotline for assistance.
10a. Is the aaterial
[ ] a hazardous waste listed under 40 CFR
261.31 or 261.32 (this provision
excludes coaaercial cheaical products,
which are listed under 40 CFR 261.33),
( ] a spent aaterial exhibiting one of the
characteristics of a hazardous waste
given in 40 CFR 261.20-.24, or
[ ] a scrap aetal?
If any of the above apply, the aaterial is
a solid waste. See applicable
regulations, below.
If none of the above apply, go on to question
(10b).
10b. Is the aaterial
( ] 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 coaaercial cheaical product that
exhibits a hazardous waste
characteristic or is listed under 40 CFR
261.33?
If any of the above apply, the aaterial is
not a solid waste.
If none of the above apply, please review
the definitions of activities in this
aanual and reconsider your answers, or
call the RCRA Hotline for assistance.
Applicable Regulations
1. Is the waste exeapt froa regulation (see the list in Exhibit 6)?
I 1 yes ( ] no
If yes, the aaterial is not regulated.
If no, the aaterial is regulated. See itea (2), below.
Discussion;
Because the spent electrolyte is directly reintroduced without
interaediate reclaaation as a substitute for raw aaterial feedstock in
the priaary production process froa which it was generated, the
activity is classified as use/reuse in a closed loop process.
Haterials 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 aanner constituting disposal, or burned as a
fuel.
-------
USE/REUSE - SPENT MATERIAL 4
Dcscript 1 on of Activity:
A upent Friedel Krafts catalyst solution fro* a chemical
Manufactuijng plant (a spent Material exhibiting the characteristic of
corrosivity) Is used as an ingredient In aluminun production
processes.
What is the status of the spent catalyst?
Questions:
1. Is the naterlal 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.
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 la not specifically excluded froi» the
definition of hazardous waste under 40 CFR 261.4(b).)
(XI 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)?
( 1 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)?
| ] yes (X] no
If yes, the Material is a solid waste. See applicable
regulations, below.
If no, go on to question (5).
5. Docs 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?
1*1 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 [ ) no
If yes, go on to question (7).
If no, go on to question (6b).
6b. Is the Material a conaercial cheMical product that
• exhibits a hazardous waste characteristic or is lie jd
as a hazardous waste in 40 CFR 261.33?
I ] yea 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 product
that is placed on the ground?
[ 1 yes (X) no
If yes, go on to question (7a).
If no, go on to question (8).
7a. Is the Material a coMnercial 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 ] y«s ( ) 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 [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?
[ ] yes [ ] 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.
is the material used or reused
(X] as an ingredient in an industrial process to make
a new product without interned late 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 question (10).
Is the material regenerated or are materials with value
recovered from the original material?
[ ) yes ( ) no
If yes, the activity is reclamation. Go on to question
(10a).
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
( ] 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
(10b).
10b. 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)?
( 1 yes t 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 a
an ingredient in making aluminum. Haterials that are used/reused ai
not solid wastes, and are not subject to RCRA Subtitle C regulation
unless they are speculatively accumulated, used in a aanm
constituting disposal, or burned as a fuel. ,
-------
USE/REUSE - SPENT MATERIAL S
Dcscript 1011 of Activity:
A r.pcnt olefin polymerization catalyst consisting of phosphori
acid impi
-------
A.i. Is the aaterial a coaaerclal 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?
f J yes [ 1 no
If yes, the raterial Is not a solid waste.
If no, the activity results in burning for
energy recovery, and the aaterial is a
solid waste. See applicable
regulations, below.
Is the aaterial used or reused
(X] as an Ingredient In an industrial process to Bake
a new product without intermediate reclaaation
(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 froa 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 aaterial is not a solid waste.
If none of the above apply, go on to question (10).
Is the aaterial regenerated or are materials with value
recovered froa the original aaterial?
( ) yes J J no
If yes, the activity Is reclaaation. Go on to question
(10a).
If no, please review the definitions of activities in
this aanual and reconsider your answers, or
call the RCRA Hotline for assistance.
10a. Is the aaterial
( ) a hazardous waste listed under 40 CFR
261.31 or 261.32 (this provision
excludes commercial chealcal products,
which are listed under 40 CFR 261.33),
( ] a spent aaterial exhibiting one of the
characteristics of a hazardous waste
given in 40 CFR 261.20-.24, or
( ) a scrap aetal?
If any of the above apply, the aaterial is
a solid waste. See applicable
regulations, below.
If none of the above apply, go on to question
(10b).
10b. Is the aaterial
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
( J a coaaercial chealcal product that
exhibits a hazardous waste
characteristic or is listed under 40 CFR
261.33?
If any of the above apply, the aaterial is
not a solid waste.
If none of the above apply, please review
the definitions of activities in this
aanual and reconsider your answers, or
call the RCRA Hotline for assistance.
Applicable Regulations
1. Is the waste exeapt froa regulation (see the list in
Exhibit 6)?
( ] yes t J no
If yes, the aaterial is not regulated.
If no, the aaterial is regulated. See itea (2), below.
Discussion:
The catalyst is directly used without intermediate reclaaation .i:,
an ingredient in making food-grade phosphoric acid. Materials that
are used/reused are not solid wastes and are not subject to RCRA
Subtitle C regulation, unless they are speculatively accuaulated, used
in a aanner constituting disposal, or burned as a fuel.
-------
USE/REUSE - SPENT MATERIAL 6
Description of Activity8
A spent hydrofluoric acid etching solution fro* metallurgical
Industries (a spent material exhibiting the characteristic of
ccrroslvity) is reacted with potassium hydroxide to produce an impure
potassium fluoride solution, which goes through filtration and
evaporation to purify the potassium fluoride, which is sold for use as
a preservative.
What is the status of the etching solution?
Questionn:
1. Is the material that is recycled a secondary material?
IXJ yes t ] 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 CrR 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 ( 1 no
If yes, go on to question (3).
If no, the mate-'il Is not a solid waBte.
}. Is the material specifically excluded from the definition of
solid waste under 40 CFR 261.4(a) (see the list in Exhibit
5)?
( ] yes {X] no
If yes, the material is not a solid waBte.
If 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. Docs 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.
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 ( ] 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?
[ 1 y«« ( 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 t product
that is placed on the ground?
t ) yes [X] 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 hazardous waste characteristic or is listed
in 40 CFR 261.33 that is produced for application to
the land?
t ) yes t 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 1 y«» [X] 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 vasts characteristic or Is listed
in 40 CFR 261.33 and that is produced to be burned as
fuel?
t ] yes ( 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.
Is the material used or reused
(X) as an Ingredient In an Industrial process to sake
a new product without intermediate reclamation
(regeneration or recovery of materials),
[ 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).
Is the material regenerated or are materials with value
recovered from the original material?
{ ) yes [ J no
If yes, the activity Is reclamation. Go on to question
(10a).
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
( ) a hazardous waste listed under 40 CPU
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
(10b).
10b. 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
( 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)?
t 1 y« ( ] 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 1s not classified as reclamation because potassium fluoride
does not exist In the original substance and thus is not recovered
fro* 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.
-------
USE/REUSE - SPENT MATERIAL 7
Oescrlptton of Activitys
Spout sulfuric acid (a spent aaterial exhibiting the
charact eristic of corrosivity) is used as a raw Material In the
Manufacture of Iron oxide products.
What Is the status of the spent sulfuric acid?
Questions:
1. Is the aaterial that Is recycled a secondary material?
(X) yes [ ] no
If yes, go on to question (2).
If no, the aaterial la not a solid waste.
2. Is the aaterial hazardous? (A aaterial 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).J
(X] yes t J no
I If yes, go on to question (1).
^ If no, the aaterial is not a solid waste.
(\ J. is the aaterial specifically excluded froa the definition of
i« solid waste under 40 CFR 261.4(a) (see the list in Exhibit
5)?
[ ) yes [X] no
If yes, the aaterial Is not a solid waste.
If no, go on to question (4).
4. is the aaterial inherently waste-like (see the list in
Exhibit 4)?
( J yes (*1 no
If yes, the aaterial is a solid waste. See applicable
regulations, below.
If no, go on to question (5).
5. Does the activity serve a beneficial use?
IXJ yes [ 1 no
If yes, go on to question (6).
If no, the activity is not recycling, and the aaterial
Is a solid waste. See applicable regulations,
below.
Is there a feasible Beans for recycling the waste?
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 aaterial recycled within
one calendar year?
[X] yes ( 1 no
If yea, go on to question (7).
If-no, go on to question (6b).
6b. Is the aaterial a conaercial cheaical product that
.exhibits a hazardous waste characteristic or is listed
as a hazardous waste in 40 CFR 261.33?
I ] y®» c ] no
It yes, go on to question (7).
If no, the practice is speculative accuaula-
tion, and the aaterial is a solid
waste. See applicable regulations,
below.
Is the aaterial 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 (8).
7a. Is the aaterial a commercial cheaical product that
exhibits a hazardous waste characteristic or is listed
in *0 CFR 261.33 that is produced for application to
the land?
C ) yes [ j no
If yea, the aaterial 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 aaterial used as a fuel or used to produce a fuel?
I ] y«» C*l no
If yes, go on to question (8a).
If no, go on to question (9).
-------
iiti. Is tha 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 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
[X] as an ingredient in an industrial process to Bake,
a new product without intermediate reclamation
(regeneration or recovery of materials),
( 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).
K)
I 10. Is the material regenerated or are materials with value
recovered from the original material?
t ) yes ( ] no
If yes, the activity is reclamation. Go on to question
(10a).
If no, please review the definitions of activities in
this manual and reconsider your answers, or
call the RCRA Hotline for assistance.
in.i. 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
( J 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
(10b).
10b. 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
[ 1 a commercial chemical product that
exhibits a hazardous waste
characteristic or is listed under 40 CFR
261.33?
If any of the above apply, tha 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)?
( 1 y»» ( 1 no
If yes, the material is not regulated.
If no, the material is regulated. See item (2), below.
Discussion:
The spent sulfuric acid 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 speculatively
accumulated, used in a manner constituting disposal, or burned as a
fuel.
-------
USE/REUSE - SPENT MATERIAL 8
Descrlptton of Activity I
Haute hydrochloric acid froa the production of chlorinated
organic solvents such as methylene chloride (a spent material
exhibiting the characteristic of corrosivity), is used as a pickle
liquor in steel pickling.
What is the status of the waste hydrochloric acid?
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 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 [ ] 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)?
[ ) yes [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)?
t ) y«s (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 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?
[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 a hazardous waste characteristic or is listed
as a hazardous waste in 40 CFR 261.33?
t ] y«s ( ] 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?
C 1 y«s (X) 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 hazardous waste characteristic or is listed
in 40 CFR 261.33 that is produced for application to
the land?
( ) yea t ] 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 ] y»s (X) no
If yes, go on to question (8a).
If no, go on to question (9).
-------
8a. Is the material a commercial chemical product that
exhibits a hazardous waste characteristic or is listed
in 40 CFR 261.33 and that is produced to be burned as
fuel?
( ) yes ( 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 regu-
lations, below.
Is the material used or reused
( J as an Ingredient in an industrial process to makfe-
a new product without intermediate reclamation
(regeneration or recovery of materials),
[X] a* 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 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
(10a).
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
(10b).
10b. 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)?
( J y®» I 1 no
If yes, the material is not regulated.
If no, the material is regulated. See item (2), below.
Discussion:
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.
-------
USB/REUSE - SLUDGE 1
Description of Activity!
A Metal finishing aludge containing chromiua hydroxide (• sludge
1Isted under EPA Hazardous Masts Ho. F006) la treated with sulfuric
acid, y lcldirtg chroaiua sulfate which is used in the leather tanning
industry.
What Is the status of the sludge?
Questions:
1. Is the naterial that Is recycled a secondary Material?
IX] y«» I J »>o
If yes, 90 on to question (2).
If no, the Material is not a solid waste.
2. Is the aaterlal hazardous? (A Material Is hazardous if it is
listed under 40 era 261.30-.33 or exhibits one of the
characteristics of a hazardous waste given in 40 CPR 261.20-.24,
arul is not specifIcally excluded froa the definition of hazardous
waste under 40 CPU 281.4(b).)
[X] y*« t 1
If yes, go on to question (3).
If no, the material Is not a solid waste.
3. Is the aaterlal specifically excluded froa the definition of
solid waste under 40 CPR 261.4(a) (see the list in Exhibit 5)?
I 1 y«» [XI no
If yea, the aaterlal Is not a solid waste.
It no, go on to question (4).
4. Is the aaterlal inherently waste-like (see the list in Exhibit A(?
[ ] yes [X] no
If yes, the aaterlal 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 aeans for recycling the waste?
(X) yes ( ] no •
If yea, go on to question (6a).
If no, go on to question (6b).
6a. Is at least 75 percent of the aaterlal recycled within
one calendar year?
1X1 yes ( ) no
If yea, go on to question (7),
If no, go on to question (6b).
6b. is the aaterlal a coaaerclal cheaical product that
'exhibits a hazardous waste characteristic or is listed
as a hazardous waste in 40 cfr 261.33?
[ J yea [ ) no
If yes, go on to question (7).
If no, the practice is speculative
accuaulation, and the Material is a
solid waste. See applicable
regulations, below.
7. is the aaterlal placed on the ground or used in a product that is
placed on the ground?
t ] y«« t*l no
If yes, go on to question (7a).
If no, go on to question (S).
7a. Is ths aaterlal a coaaerclal cheaical product that
exhibits a hazardous waste characteristic or is listed
in 40 CFR 261.33 that is produced for application to
the land?
J ) yes ! 1 m
If yes, the Material is not a solid waste.
If no, the activity results in use
constituting disposal and the aaterlal
is a solid waste. See applicable
regulations, below.
8. Is the aaterlal used as a fuel or used to produce a fuel?
[ ) yes (X] no
If yes, go on to question (8a).
If no, go on to question (9).
-------
8a. Is the aaterlal a coaaercial cheaical 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 yu ( 1 no
If yea. the aaterlal 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 aatarial used or reused
[X] as an ingredient in an industrial process to aake''
a new product without intermediate reclaaation
(regeneration or recovery of aaterials),
( ] as an effective substitute for coaaercial products
in a particular function or application, or
[ ] as a substitute for raw aaterlal feedstock in the
prlaary production process froa which it was
generated, without being first reclaiaed (a
closed-loop process)?
If any of the above apply, the activity is use or
reuse, and the aaterlal is not a solid waste.
If none of the above apply, go on to question (10).
Xv)
I 10. Is the aaterlal regenerated or are aaterials with value
*"«¦ recovered froa the original aaterlal?
r
x ( 1 y«» C 1 no
If yes, the activity is reclaaation. Go on to question
(10a).
If no, please review the definitions of activities in
this aanual and reconsider your answers, or
call the RCRA Hotline for assistance.
loa. Is the aaterlal
[ ] a hazardous waste listed under 40 CFR
261.31 or 261.32 (this provision
excludes coaaercial cheaical products,
whlcF are listed under 40 CFR 261.33),
( ] a spent aaterlal exhibiting one of the
characteristics of a hazardous waste
given in 40 CFR 261.20-.24, or
( ] a scrap aetal?
If any of the above apply, the aaterlal is
a solid waste. See applicable
regulations, below.
If none of the above apply, go on to question
(10b).
10b. Is the aaterlal
( ) 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 coaaercial cheaical product that
exhibits a hazardous waste
characteristic or is listed under 40 CFR
261.33?
If any of the above apply, the aaterlal is
not a solid waste.
If none of the above apply, please review
the definitions of activities in this
aanual and reconsider your answers, or
call the RCRA Hotline for assistance.
Applicable Regulations
1. Is the waste exeapt froa regulation (see the list in Exhibit 6)?
( J y«» I 1 no
If yes, the aaterlal is not regulated.
If no, the aaterlal Is regulated. See itea (2), below.
Discussions
The sludge Is directly used without interaedlate reclaaation as
an ingredient in Baking chroalua sulfate. The activity is not
classified as reclaaation because chroalua sulfate does not exist in
the original substance and thus is not recovered froa the substance.
Materials that are used/reused are not solid wastes, and are not
subject to RCRA Subtitle C regulation, unless they are speculatively
accuaulated, used in a aanner constituting disposal, or burned as a
fuel.
-------
USE/REUSE - SLUDGE 2
beacrlption of *ctlvlty»
Emission control dust froa a primary sine Melting furnace (a
sludge exhibiting the characteristic of EP-toxiclty) is returned to
the zinc production process without being reclaimed) the eaission
control dust la returned to either the aaelting furnace in the
pyrolltic plant or the droaa furnace.
What la the atatua of the aaiaalon control dust?
Questions:
1. Is the Material that ia recycled a secondary Material?
I*] y«» [ 1 no
If yea, go on to quaation (2).
If no, the Material ia not a aolid waste.
2. Is the Material hazardous? (A aaterial ia hazardous 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,
ami is not specifically excluded froa the definition of hazardous
waste under 40 CFR 261.4(b).)
(X) yea I ) no
If yea, go on to quaation (3).
If no, tha aaterial la not a aolid waste.
3. Is the Material apeciflcally excluded froa the definition of
solid waste under 40 CFR 261.4(a) (see the list in Exhibit 5)?
I 1 yaa (X) no
If yea, tha Material la not a aolid waate.
If no, go on to queation (4).
4. Is the Material Inherently waste-like (see the list in Exhibit 4)?
[ I y«a (X) no
If yea, the Material ia a solid waate. See applicable
regulationa, below.
If no, go on to queation (5).
5. Docs the activity aarva a beneficial use?
[XI yes [ ) no
If yes, go on to queation (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?
I*) yes ( 1 no .
If yes, go on to queation (6a).
If no, go on to queation (6b).
6a. Ia at leaat 75 percent of the Material recycled within
one calendar year?
(XJ yea ( ] no
If yea, go on to queation (7).
If.no, go on to queation (6b).
6b. Ia the Material a coaMerclal chealcal product that
*xhibita a hazardous waate characteristic or ia Hated
aa a hazardous waata in 40 CFR 261.33?
[ ) yea ( J no
If yaa, go on to queation (7).
If no, tha practice la speculative
accuMUlatlon, and tha Material ia a
solid waate. See applicable
regulationa, below.
Ia tha Material placed on tha ground or uaad in a product that is
placed on the ground?
t 1 yaa (X) no
If yea, go on to queation (7a).
If no, go on to queation (6).
7a. Ia tha aaterial a coaaarclal chealcal product that
exhlbita a hazardoua waate charactariatic or la liated
in 40 CFR 261.33 that ia produced for application to
the land?
[ ) yea ( ) no
If yea, the aaterial la not a aolid waste.
If no, the activity results in use
constituting disposal and the Material
is a aolid waste. See applicable
regulations, below.
Ia the aaterial uaed aa a fuel or uaed to produce a fuel?
C J y«a (X) no
If yes, go on to question (8a).
If no, go on to question (9).
-------
8o. Is the materiel a commercial chemical product that
exhibits a hazardous wast* characteristic or is listed
in 40 CFR 261.13 and that is produced to be burned as
fuel?
I J yes I ) no
If yea, the Mtarlal 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.
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 J as an effective substitute for commercial products
in a particular function or application, or
[X] as a substitute for raw Material feedstock in the
priMary production process fros which it was
generated, without being first reclaimed (a
closed-loop process)?
It sny of the above apply, the activity is use or
reuse, and the Material is not a solid waste.
If none of the ebove apply, go on to question (10).
Is the Material regenerated or are Materials with value
recovered froM the original Material?
| ) yes t 1 no
If yes, the activity is reclaMation. Go on to question
(10a).
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
( ) a hatardous waste listed under 40 CFR
261.31 or 261.32 (this provision
excludes commercial chealcal 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
( J 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 queatlon
(10b).
10b. Is the material
( ] either a sludge or a by-product that
exhibits one of the characteristics of a
hazardous waate given in 40 CFR 261.20>-
.24, end that is not listsd 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)?
I 1 y»» I 1 no
I' yes, the material is not regulated.
If no, the Material is regulated. See IteM (2), below.
Discussioni
Because the eMlssion control dust is reintroduced, without prior
reclamation, as a substltuts for raw Material feedstock In the prlaary
production process froe which it was generated, the activity is
defined as a closed-loop process. Materials that are recycled In a
closed-loop process are not solid wastes and thus are not subject to
RCRA Subtitle C regulation, unless they are speculatively accumulated,
burned as a fuel, or used in a manner constituting'disposal.
-------
USE/REUSE - SLUDGE 3
DeacrlptI on of Activity:
Hytlrof luorosiliclc acid, an air mission control dust (a sludge
that exhibits the characteristic of EP-toxicity), is used as a
fluoridating agent in drinking water.
What Is the status of the acid?
Questions:
1. Is the material that is recycled a secondary aaterial?
[X] yes [ J no
If yes, go on to question (2).
If no, the aaterial Is not a solid waste.
2. Is the material hazardous? (A Material is hazardous if It is
li:;tril under 40 CFR 261.10-.33 or exhibits one of the
characteristics of a hazardous wast* given in 40 CFR 261.20-.24,
and Is not specifically excluded froa the definition of hazardous
waste under 40 CFR 261.4(b).)
[X] yes { ) no
if yes, go on to question (3).
If no, the aaterial is not a solid waste.
3. Is the aaterial specifically excluded froa the definition of
solid waste under "* CFR 261.4(a) (see the list in Exhibit 5)?
1 ] [X] no
If yes, the aaterial is not a solid waste.
If no, go on to question (4).
4. Is the aaterial inherently waste-like (see the list in Exhibit 4)
I ) ye» (*] no
If yes, the aaterial is a solid
regulations, below.
If no, go on to question (5).
5. Docs the activity serve a beneficial
(X) yes [ 1 no
If yes, go on to question (6).
If no, the activity is not recycling, and the aaterial
is a solid waste. See applicable regulations,
below.
waste. See applicable
use?
6. Is there a feasible aeans for recycling the waste?
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 aaterial recycled within
one calendar year?
(X) yes I ) no
If yes, go on to question (7).
If no, go on to question (6b).
6b. Is the aaterial a coaaerclal chealcal product that
exhibits a hazardous waste characteristic or is listed
as a hazardous waste in 40 CFR 261.33?
I 1 t J no
If yes, go on to question (7).
If no, the practice la speculative
accuaulatlon, and the aaterial is a
solid waste. See applicable
regulations, below.
7. Is the aaterial placed on the ground or used in a product that is
placed on the ground?
( ) y«" IX] no
If yes, go on to question (7a).
If no, go on to question (8).
7a. Is the aaterial a coaaerclal chealcal 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« [ J no
If yes, the aaterial 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.
8. Is the aaterial used as a fuel or used to produce a fuel?
( 1 y«o fX] no
If yes, go on to question (Ba).
If no, go on to question (9).
-------
8a. Is the aaterlal a coaaercial chealcal product that
exhibits a hazardous wast* characteristic or Is listed
In 40 CFR 261.33 and that is produced to be burned as
fuel?
I ] yes ( ) no
If yes, the aaterlal is not a solid waste.
If no, the activity results in burning for
energy recovery, and the naterlal is a
solid waste. See applicable
regulations, below.
Is the aaterlal used or reused
| ] as an Ingredient in an Industrial process to aakrf -
a new product without interaediate reclaaation
(regeneration or recovery of aaterials),
(X] as an effective substitute for coaaercial products
in a particular function or application, or
( J as a substitute for raw aaterlal feedstock In the
priaary production process froa which it was
generated, without being first reclaiaed (a
closed-loop process)?
If any of the above apply, the activity is use or
reuse, and the aaterlal is not a solid waste.
If none of the above apply, go on to question (10).
Is the aaterlal regenerated or are aaterials with value
recovered froa the original aaterlal?
( ) yes ( ] no
the activity is reclaaation. Go on to question
(10a).
please review the definitions of activities in
this aanual and reconsider your answers, or
call the RCRA Hotline for assistance.
loa. is the aaterlal
( J a hazardous waste listed under 40 CFR
261.31 or 261.32 (this provision
excludes coaaercial chealcal products,
which are listed under 40 CFR 261.33),
( ) a spent aaterlal exhibiting one of the
characteristics of a hazardous waste
given in 40 CFR 261.20-.24, or
( } a scrap aetal?
If any of the above apply, the aaterlal Is
a solid waste. See applicable
regulations, below.
If none of the above apply, go on to question
(10b).
If yea,
If no,
10b. Is the aaterlal
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 coaaercial chealcal product that
exhibits a hazardous waste
characteristic or is listed under 40 CFR
261.33?
If-any of the above apply, the aaterlal is
not a solid waste.
If none of the above apply, please review
the definitions of activities in this
aanual and reconsider your answers, or
call the RCRA Hotline for assistance.
Applicable Regulations
1. Is the waste exeapt froa regulation (see the list in Exhibit 6)?
( 1 yes ( ) no
If yes, the aaterlal is not regulated.
If nc, the aaterlal is regulated. See itea (2), below.
Discussions
Because duaplng secondary aaterials into water to serve as fill
or structural support is siallar to land disposal, this activity
noraally is use constituting disposal! thus, aaterials added to water
ordinarily are considered solid wastes. The use of secondary
aaterials as fluoridating agents, however, is not use constituting
disposal. Using secondary aaterials as fluoridating agents is not
siailar to land disposal because the secondary aaterlal is chenically
combined as part of the fluoridating process and is subsuaed as an
ingredient in the fluoridated water. In this case, the
hydrofluorosillclc acid is directly reused without any reclaaation as
a substitute for a coaaercial 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 aanner constituting disposal, or burned as a fuel.
-------
USE/REUSE - SLUDGE 4
DescrlptIon of Activity!
En Iftnlon control dust from the primary copper production process
(a sludge that exhibits the characteristic of EP-toxiclty) is returned
without being reclaiaed to the copper production process in the
roaster, converter, or tank house as a feedstock.
What is the status of the emission control dust?
Questions:
1. Is the Material that Is recycled a secondary Material?
IXI yes ( J 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,
ami is not specifically excluded froa the definition of hazardous
waste under 40 CFR 261.4(b).)
(X) yes I J no
If yes, go on to question (3).
If no, the Material is not a solid waste.
3. Is the Material specifically excluded froa 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).
4. Is the Material Inherently waste-like (see the list in Exhibit 4)?
t 1 yes [X] no
If yes, the Material Is • 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?
JXJ yes { ) no
If yes, go on to question (7).
If no, go on to question (6b).
6b. Is the Material a coMMarclal chealcal product that
' exhibits a hazardous waste characteristic or is listed
as a hazardous waste in 40 CFR 261.33?
( ] yes M 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?
( ] Y" [*] no
If yes, go on to question (7a).
If no, go on to question (8).
7a. Is the Material a coMMarclal cheMlcal product that
exhibits a hazardous waste characteristic or is listed
in 40 CFR 261.3 3 that is produced for application to
the land?
( 1 yes [ 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.
8. 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).
-------
8a. la the aaterial a coaaercial cheaical product that
exhibits a hazardous wast* characteristic or Is listed
In 40 CFR 261.33 and that is produced to be burned as
luel?
I 1 y«s ( ] no
If yes, the aatarial is not a solid waste.
If no, the activity results in burning for
energy recovery, and the aaterial is a
solid waste. See applicable
regulations, below.
Is the Material used or reused
I 1 as an Ingredient in an Industrial process to aake- -
a new product without intermediate reclamation
(regeneration or recovery of aaterials),
[ ] as an effective substitute for commercial products
in a particular function or application, or
(X) as a substitute for raw aaterial feedstock in the
primary production process froa which it was
generated, without being first reclaiaed (a
closed-loop process)?
if any of the above apply, the activity is use or
reuse, and the aatarial is not a solid waste.
If none of the above apply, go on to question (10).
Is the aatarial regenerated or are aaterials with value
recovered froa the original aaterial?
( ) yes [ ) no
If yes, the activity is raclaaation. Go on to question
(10a).
If no, please review the definitions of activities in
this aanual and reconsider your answers, or
call the RCRA Hotline for assistance.
10a. Is the aaterial
[ ] a hazardous waste listed under 40 CFR
261.31 or 261.32 (this provision
excludes coaaercial cheaical products,
which are listed under 40 CFR 261.33),
( ) a spent aaterial exhibiting one of the
characteristics of a hazardous waste
given in 40 CFR 261.20-.24, or
[ ] a scrap aetal?
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
(10b).
10b. Is the aaterial
I 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 coaaercial cheaical product that
exhibits a hazardous waste
characteristic or is listed under 40 CFR
261.33?
If any of the above apply, the aaterial is
not a solid waste.
If none of the above apply, please review
the definitions of activities in this
aanual and reconsider your answers, or
call the RCRA Hotline for assistance.
Applicable Regulations
1. Is the waste exeapt froa regulation (sea the list in Exhibit 6)?
[ 1 y«s J 1 no
If yes, the aatarial is not regulated.
If no, the aaterial is regulated. See itea (2), below.
Discussion:
Because the eaission control dust is directly reintroduced
without interaediate raclaaation as a substitute for raw aaterial
feedstock in the primary production process froa which it was
generated, the activity is classified as a closed loop process.
Haterials that are recycled in a closed-loop process are not solid
wastes and thus are not subject to RCRA Subtitle C regulation, unless
they are speculatively accuaulated, used in a -manner constituting
disposal, or burned as a fuel.
-------
USE/REUSE - SLUDGE 5
Description of Actlvltyt
B>g filter and ventilation aaterlala from the manufacture of
pentachlorophenol (sludges listed under EPA Hazardous Haste No. F021)
are roused as a substitute for virgin feedstock in the
pentachlorophenol manufacturing process.
What is the status of the bag filter and ventilation materials?
Questions:
1. In the naterial that is recycled a secondary material?
[>] yes ( ] no
If yes, go on to question (2).
If no, the material is not a solid waste.
2. I;; 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-.24i
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.
3. Is the material specifically excluded from the definition of
solid waste under 40 CFR 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-like (see the list in Exhibit 4)
I 1 y«» (X) no
If yes, the material is a solid waate. See applicable
regulations, below.
If no, go on to question (5).
5. Docs 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?
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) yes [ ) no
If yes, go on to question (7).
If.no, go on to question (6b).
6b. Is the naterial a commercial chemical product that
• exhibits a hazardous waste characteristic or is listed
as a hazardous waste in 40 CFR 261.33?
( 1 yes ( ) 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 a product that is
placed on the ground?
( ) y®B 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 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 naterial
is a solid waste. See applicable
regulations, below.
Is the material used as a fuel or used to produce a fuel?
I ] ye» (X) no
If yes, go on to question (Ba).
If no, go on to question (9).
-------
8a. Is the Baterial a commercial chemical product that
exhibits a hazardous waste characteristic or 1s listed
in 40 CFR 261.33 and that is produced to ba burned as
fuel?
I ] yes t ] no
K yes, the Material is not a solid waste.
If no, tha activity results in burning for
energy recovery, and the material is a
solid waste. See applicable
regulations, 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
(X] 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 tha above apply, go on to question (10).
Is the material regenerated or are materials with value
recovered from the original material?
( ] yes ( ] no
If yes, the activity is reclamation. Co on to question
(10a).
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,v the material is
a solid waste. See applicable
regulations, below.
If none of the above apply, go on to question
(10b).
10b. 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 1s
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 tha list in Exhibit 6)?
( ) yes ( 1 no
If yes, the material is not regulated.
If no, the material is regulated. See item (2), below.
Discussion:
Materials that are listed under EPA Hazardous Haste Ho. F021 are
usually considered inherently waste-like, unless they are directly
used/reused in a production process at the site of production, as they
are here (see 40 CFR 261.2(d)(1)). In this case, the process is
use/reuse and the bag filter and ventilation materials are not solid
wastes and are not subject to RCRA Subtitle C regulation.
-------
USE/REUSE - SLUDGE 6
Description of Activity:
Emission control dust from steal production (a sludge exhibiting
the characteristic of EP toxicity) is returned to the sintering plant
for processing before being charged to the blast furnace.
What 1s the status of the emission control dust?
Questions!
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.
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).)
CXJ yes ( ) no
If yes, go on to question (3).
If no, the material 1s 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 1 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)?
( 1 y«s [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.
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 73 percent of the material recycled within
one calendar year?
(X] yes ( 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
exhibits a hazardous waste characteristic or is listed
as a hazardous waste in 40 CFR 261.33?
I 1 yea ( ] no
If yes, go on to question (7).
If no, the practice is speculative
accumulation, and the material is a
solid waste. 8ee applicable
regulations, below.
Is the material placed on the ground or used in a product that is
placed on the ground?
[ ] y«« [X) 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 hazardous waste characteristic or is listed
in 40 CFR 261.33 that is produced for application to
the land?
( I 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.
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).
-------
Bn. 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«s ( ] 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
¦olid waste. See applicable
regulations, 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
[X] 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 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 t 1 no
If yes, the activity is reclamation. Go on to question
(10a).
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
( ] a hazardous waste listed under 40 CFR
261.31 or 261.32 (this provision
excludes comaerclal 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
(10b).
10b. 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. Is the waste exeMpt froM regulation (see the list In Exhibit 6)?
( 1 y«» I 1 no
If yes, the material Is not regulated.
If no, the Material is regulated. See iteM (2), below.
Discussion*
Processing steps that do not themselves regenerate or recover
¦aterlal values and are not necessary to Material recovery are not
reclamation. Therefore, sintering operations, which thermally
aggolomerate iron-bearing Materials before charging to a blast
furnace, are not reclamation. In this case, return of emission
control dusts to the blast furnace as a substitute for raw material
feedstock meets the specifications of blosed-loop recycling.
Materials that are recycled in a closed-loop process are not solid
wastes and are not subject to Subtitle C regulation, unless they are
speculatively accumulated, used in a manner constituting disposal, or
burned as a fuel.
-------
USE/REUSE - SLUDGE 7
Rescript tnn of Activity:
Blnst furnace dusts (a sludge exhibiting the characteristic of
EP-toxiclty) are returned to the blast furnace (without intermediate
reelanal Ion) for reuse.
What is the status of the blast furnace dusts?
Questions:
1. Is the Material th..'_ 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 aaterial 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).)
{*) y«» I ) no
If yes, go on to question (3).
If no, the Material is not a solid waste.
3. Is the Material specifically excluded fron the definition of
solid waste under 40 CFR 261.4(a) (see the list in Exhibit
6)?
I ) 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)?
[ ) 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?
(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?
1*1 yes 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 waste in 40 CFR 261.33?
[ 1 yes ( ) 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?
C 1 yes 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 hazardous waste characteristic or is listed
in 40 CFR 261.33 that is produced for application to
the land?
I ) yes t 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.
8. 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).
-------
8n. Is the material a commercial chemical product that
exhibits a hazardous vasts characteristic or is listed
In 40 CFR 261.31 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
regulations, below.
Is the material used or reused
[ ] as an ingredient in an industrial process to sake '
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
[X] as a substitute for raw material feedstock in the
primary production process fro* 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 aaterials with value
recovered from the original material?
I 1 yes [ 1 no
If yes, the activity is reclamation. Go on to question
(10a).
If no, please review the definitions of activities in
this manual and reconsider your answers, or
call the RCRA Hotline for assistance.
lua. la 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
(10b).
10b. 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)?
I 1 yes ( ) no
If yes, the material is not regulated.
If no, the material is regulated. See item (2), below.
Discussion!
Because the blast furnace dusts are reintroduced, without prior
reclamation, as a substitute for raw material feedstock in the primary
production process in which they were generated, the activity is
use/reuse in a closed loop process. 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.
-------
USE/REUSE - SLUDGE 8
Descript y>n of Activity:
linihouse dust froM the production of steel (a sludge exhibiting
the characteristic of EP-toxicity) Is brlquetted and then reintroduced
to the blast furnace as a feedstock in the steel production process.
Wli.it is the status of the baghouse dust?
Quest Ions:
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 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 [ J 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)?
( 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)?
t 1 y«« 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?
IX) 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 t 1 no
If yes, go on to question (6a).
If no, go on to question (6b).
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).
Is the Material a commercial cheMlcal product tha*-
exhibits a hazardous waste characteristic or is listed
as a hazardous waste in 40 CFR 261.33?
[ J yes ( ) 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 ] y*" [*] 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 hazardous waste characteristic or is listed
in 40 CFR 261.33 that is produced for application to
the land?
( 1 y«» [ ] 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 ] y«s tXJ no
If yes, go on to question (8a).
If no, go on to question (9).
6a.
6b.
-------
Ba. Ia tha 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?
( ] yes [ ] 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.
Ia the material used or reused
| ] as an ingredient in an industrial process to mKi
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
[X] 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 tha material regenerated or are materials with value
recovered from the original material?
( ] yes l ) no
If yes, the activity is reclamation. Go on to question
(10a).
If no, please review the definitions of activities in
this manual and reconsider your answers, or
call tha RCRA Hotline for assistance.
10a. 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
(10b).
10b. 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)?
( ] yes I ) no
If yes, the material is not regulated.
If no, the material is regulated. See item (2), below.
Discussion:
Because it does not change the physical form of the baghouse
dust, but merely collects the dust for easier reuse, briquetting is
not a reclamation step. Thus, the baghouse dust is being
reintroduced, without prior reclamation, as a substitute for a raw
material feedstock in the primary production process in which it was
generated. The activity is defined as use/reuse in a closed loop
process. 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.
-------
USE/REUSE - BY-PRODUCT 1
DescrlptIort of Activity;
Lint* generated In the production of acetylene gas (a by-product
exhibiting the characteristic of corroslvlty) is used as a wastewater
conditioner.
Wh.it Is the status of the liae?
Questions:
1. Is the aaterlal that is recycled a secondary aaterlal?
(X) yes ( ) no
If yes, go on to question (2).
If no, the aaterlal is not a solid waste.
2. Is the aaterlal hazardous? (A saterial 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 froa the definition of hazardous
wautc under 40 CFR 261.4(b).)
(X) yes ( ] no
If yes, go on to question (3).
If no, the aaterlal is not a solid waste.
3. Is .'the aaterlal specifically excluded froa the definition of
solid waste under 40 CFR 261.4(a) (see the list in Exhibit 5)?
( ) y«« [XI no
If yes, the aaterlal is not a solid waste.
If no, go on to question (4).
4. Is the aaterlal Inherently waste-like (see the list in Exhibit 4)?
( ) yes (X] no
If yes, the aaterlal 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 aaterlal
is a solid waste. See applicable regulations,
below.
6. Is there a feasible Beans for recycling tha 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 aaterlal 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 aaterlal a coaaercial chealcal product that
•exhibits a hazardous waste characteristic or is listed
as a hazardous waste in 40 CFR 261.33?
( 1 yes [ ] no
If yes, go on to question (7).
If no, the practice is speculative
accuaulatlon, and the aaterlal is a
solid waste. See applicable
regulations, below.
7. Is the aaterlal 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 (B).
7a. Is the aaterlal a coaaercial chealcal product tha''
exhibits a hazardous waste characteristic or is listed
in 40 CFR 261.33 that is produced for application to
the land?
I 1 yes ( 1 no
If yes, the aaterlal is not a solid waste.
If no, the activity results in use
constituting disposal and the aaterlal
is a solid waste. See applicable
regulations, below.
8. Is the aaterlal used as a fuel or used to produce a fuel?
[ ] yes [X] no
If yes, go on to question (Sa).
If no, go on to question (9).
-------
8s. Is the Material a coaaercial 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 ( ] no
If yes, the aaterial is not a solid waste.
If no, the activity results In burning for
energy recovery, and the aaterial is a
solid waste. See applicable
regulations, below.
Is the aaterial used or reused
[ ] as an ingredient In an industrial process to aake*
a new product without intermediate reclamation
(regeneration or recovery of aaterials),
(X] aa an effective substitute for coaaercial products
In a particular function or application, or
( ) as a substitute for raw aaterial feedstock in the
priaary production process froa which it was
generated, without being first reclained (a
closed-loop process)?
If any of the above apply, the activity is use or
reuse, and the aaterial Is not a solid waste.
If none of the above apply, go on to question (10).
Is the aaterial regenerated or are aaterials with value
recovered froa the original aaterial?
I 1 y«» t ) no
If yes, the activity is reclaaation. Go on to question
(10a).
If no, please review the definitions of activities in
this aanual and reconsider your answers, or
call the RCRA Hotline for assistance.
1(M. Is the aaterial
( ] a hazardous waste listed under 40 CFR
261.31 or 261.32 (this provision
excludes coaaercial cheaical products,
which are listed under 40 CFR 261.33),
( ] a spent aaterial exhibiting one of the
characteristics of a hazardous waste
given in 40 CFR 261.20-.24, or
( ] a scrap aetal?
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
(10b).
10b. Is the aaterial
( ) 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 coaaercial cheaical product that
exhibits a hazardous waste
characteristic or is listed under 40 CFR
261.33?
If.any of the above apply, the aaterial is
not a solid waste.
If none of the above apply, please review
the definitions of activities in this
aanual and reconsider your answers, or
call the RCRA Hotline for assistance.
Applicable Regulations
1. Is the waste exeapt froa regulation (see the list in Exhibit 6)?
( 1 y«» ( 1 no
If yes, the aaterial is not regulated.
If no, the aaterial Is regulated. See itea (2), below.
Discussion:
Because duaping secondary aaterials into water to serve as fill
or structural support is siailar to land disposal, this activity
noraally is use constituting disposals thus aaterials added to water
ordinarily are considered solid wastes. The use of secondary
aaterials as wastewater conditioners, however, is not use constituting
disposal. Using secondary aaterials as wastewater conditioners is not
siailar to land disposal because the secondary aaterial is cheaically
coabined as part of the conditioning process and is subsuaed as an
ingredient in the conditioned water. In this case, the liae is
directly reused without any intermediate reclaaation as a substitute
for a coaaercial 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
aanner constituting disposal, or burned as a fuel.
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USE/REUSE - BY-PRODUCT 2
Desert I't Ion of Activity:
Distillation bottons froa the Manufacture of carbon tetrachloride
(a by-product Hated under EPA Hazardous Haste No. K016) are used as a
feedstock in the production of tetrachloroethlyene.
What is the status of the distillation bottoms?
Questional
1. is the material that is recycled a secondary Material?
[XJ 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 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 [ ) 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)?
( 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)?
I ] 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.
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?
IX) yes ( ) no
If yes, go on to question (7).
If no, go on to question (6b).
6b. Is the Material a cosnercial cheelcal product that
. exhibits a hazardous waste characteristic or is listed
as a hazardous waste in 40 CFR 261.33?
[ ) yes [ ) no
If yes, go on to question (7).
If no, the practice is speculative
accuMUlation, and the Material is a
solid waste. Sea applicable
regulations, below.
7. Is the Material placed on the ground or used in a product that If
placed on the ground?
( 1 I*) no
If yes, go on to question (7a).
If no, go on to question (8).
7a. Is the Material a coraerclal chealcal 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 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 a fuel?
( 1 y«» (X) no
If yes, go on to question (8a).
If no, go on to question (9).
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In. Is the Material a comercla 1 chemical product that
exhibits a hazardous waste characteristic or Is listed
In 40 CPR 261.33 and that Is produced to be burned as
fuel?
J J yes [ J no
If yea, 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.
Is the Material used or reused
[X] as an Ingredient In an Industrial process to uk« '
a new product without internedlate reclamation
(regeneration or recovery of Materials),
I J as an effective substitute for commercial products
in a particular function or application, or
I ] as • substitute for raw Material feedstock in the
priMary production process froM which it was
generated, without being first reclaiMed (a
closed-loop proceas)?
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?
( ] yes I 1 no
If yes, the activity is reclaMatlon. Go on to question
(10a).
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
[ ) 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
(10b).
10b. 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 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 process exempt from regulation (see the list in Exhibit
6)?
t ) yes ( ] no
If yes, the material is not regulated.
If no, the material is regulated. See item (2), below.
DiscussionI
The distillation bottoms are 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 speculatively
accumulated, used in a manner constituting disposal, or burned as a
fuel.
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OTHER - SPENT MATERIAL 1
Description of Actlvitvt
olaua fro* the production of aotor oil (a spent aaterial
that contains aoatly aulfurio acid, and axhiblta tha charactariatic of
corrosivlty) ia aant off-alte to produce virgin sulfuric acid that is
rauaetl in aotor oil production.
What is tha statua of tha spant olaua?
Quasi I onjt
1. In tha aatarlal that la raoyclad a aacondary aatarlal?
(X) yaa I 1 no
If yaa, 90 on to question (3).
If no, tha aatarlal ia not a solid waata.
2. Is tha aatarlal hatardous? (A aatarlal ia hatardous if it ia
listad undar 40 cm 261.30-. 33 or exhibits ona of tha
characteristics of • hatardous waata given in 40 CFR 261.20-.24,
and la not apaclfically excluded froa tha dafinition of haxardoua
wmta undar 40 CFR 261.4(b).)
1*1 y« ( ) no
If yaa, go on to quastlon (3).
If no, tha aatarlal is not a aolld waata.
3. is tha aatarlal apaclfically excluded froa tha dafinition | of
solid waata undar 40 CPR 261.4(a) (aaa tha Hat in Exhibit 5)?
1*1 *•" C 1 no j
If yas, tha aatarlal la not a solid wasta.
If no, go on to quastlon (4).
4. Is the aatarlal lnharantly waata-llka (aaa tha liat in Bxhiblt 4)?
( ) y«" ( 1 no
If yaa, tha aatarlal la a aolld wasta. Sae applicable
regulations, below.
If no, go on to quastlon (9).
5. lioaa tha activity aarva a beneficial use?
[ ] yas t ) no
If yaa, go on to question (6).
If no, tha activity is not recycling, and tha aaterial
ia a solid waata. Sea applicable regulations,
below.
Ia there a feaalble aeana for recycling the waata?
( ) yes ( ) no''
If yes, go on to question (6a).
If no, go on to queation (6b).
6a. Ia at leaat 75 percent of tha aatarlal recycled within
one calendar year?
( 1 *•» I 1 no
If yaa, go on to quastlon (7).
If-no, go on to queation (6b).
6b. Ia tha aatarlal a coaaerclal cheaical product that
¦ exhibits a haxardoua waate characteristic or is listed
aa a hazardous waata in 40 CFR 261.33?
( ) yea ( ] no
If yas, qo on to quastlon (7).
If no, tha practice is speculative accumula-
tion, and tha aaterial la a aolld
waste. Sea applicable regulationa,
below.
Ia the aatarlal placed on tha ground or uaed In A product that 1*
placed on the ground?
I 1 yea [ ) no
If yes, go on to question (7a).
If no, go on to quastlon (6).
7a. Is tha aatarlal a coaaerclal cheaical product that
exhibits a haxardoua waate characteristic or is listed
in 40 CFR 261.33 that la produced for application to
the land?
C ) yea [ ) no
If yea, tha aatarlal la not a aolid waate.
If no, the activity raaulta in uaa consti-
tuting dlspqsal and tha aaterial is a
aolid waate. See applicable regula-
tiona, below.
Is tha aaterial used aa a fuel or used to produce a fuel?
C 1 y«« ( 1 no
If yes, go on to question (8a).
If no, go on to question (9).
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Na. is the material • commercial chemical product that
exhibits a hazardous wast* characteristic or is listed
in 40 CFR 261.33 and that la produced to be burned as
fuel?
J 1 yas I J no
If yea, the Material la not a solid waata.
If no, the activity reaulta in burning for
energy recovery, and the material Is a
solid vaata. See applicable regula-
tlona, below.
Is the material used or reused
[ ) as an Ingredient In an lnduatrlal process to sake
a new product without Intermediate reclaaatlon
(regeneration or recovery of Materials),
| ) as an effective substitute for commercial products
In • 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 proceaa)? |
if any of the above apply, the activity Is use or
reuse, and the material Is not a solid waste. :i
if none of tha above apply, go on to queatlon (10).
Ib the material regenerated or are materials with value
recovered from the original material?
( ) yas I ) no
If yas, the activity Is reclamation. Go on to queatlon
(10a).
If no, pleaae review the deflnltlona of activities In .
this manual and reconsldsr your answers, or
Mil the RCRA Hotline for aaalstance. |
ina. la the material '
( ) a hazardous waste listed under 40 CFR
261.31 or 261.32 (this provision
excludes coaawrclal chemical products,
which are listed under 40 CFR 261.33),
( ] a apent material exhibiting one of the
characteristics of a hazardoua waste
given in 40 CFR 261.20-.24, or
I
( J a scrap metal?
If any of the above apply, the material is
a solid waata. Sea applicable regula-
tions, below.
If none of the above apply, go on to queatlon
(10b).
10b. Is the material
( ] either a sludge or a by-product that
exhibits one of the characteristics of •
hazardoua waate given In 40 CFR 261.20-
.24, and that is not listed under 40 CFR
261.31-.32, or
( ] a commercial chemical product that
exhlbite a hazardous waste characteris-
tic or is listed under 40 CFR 261.33?
If any of the above apply, tha material Is
not a solid waata.
If none of the above apply, pleaae review
the deflnltlona of activities in this
manual and reconaider your anawera, or
call the RCRA Hotline for aaslstance.
Applicable Regulationst
1. Ia the waata exempt from regulation (see the list In exhibit 6)?
( 1 yes ( ] no
If yes, the material Is not regulated.
If no, the material 1s regulated. See item (2), below.
Discussion:
EPA has specifically excluded spent sulfuric acid returned to
produce virgin aulfurlc acid from tha definition of solid waste. Thua
the spent acid is not subject to RCRA Subtitle C regulation, unless it
is speculatively accumulated (see 40 CFR 261.4(a)(7)).
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OTHER - SPENT MATERIAL 2
Dascrlpt Ion of Activityi
Spent pulping liquor* (spent materiala exhibiting the
character! tic of corroalvlty) (roa pulpmaklng operatlona are
recycled in a pulping liquor recovary furnace (on-alta or off-alte)
and reuried In tha pulping procaaa.
What la Lha atatua of tha apant pulping llquora?
Questions:
1. Ia ilio material that la raoyolad a aecondat y Material?
fX) yea ( J no
if yea, go on to question (a).
If no, tha material la not • aolld waeta.
2. Ia Ilia Material hasardoua? (A material la haiardoua If It la
HsLeJ under 40 CFR 2C1.30-.33 or exhlblta one of the
characterlatlca of a haiardoua waste given In 40 CPR 261.20-.24,
and is not apaolfloally excluded from tha definition of hazardous
waste under 40 CFR 261.4(b).)
I*) yea [ ) no
If yea, go on to queation (3).
If no, tha Material la not a aolld waste.
). Is the Material apeclflcally excluded froa the definition of
aolld wasta under 40 CPR 261.4(a) (aea tha Hat In Exhibit 5)?
1*1 y« C J no
If yea, tha material la not a aolld waata.
If no, go on to queation (4).
4. Is the Material Inherently waata-llka (see tha llat In Exhibit 4)?
( 1 yaa ( 1 no
If yea, tha material la a aolld waate. Sea applicable
regulatlona, below.
If no, go on to queation (9).
5. DoiiB the activity aerve a beneficial uae?
( ) yea [ I no
If yaa, go on to queation (6).
If no, tha activity la not recycling, and the material
la a aolld waata. See applicable regulationa,
below.
6. Is there a feaalble aeana for recycling tha waata?
( ) y«» I 1 no 1
If yaa, go on to quaatlon (6a).
If no, go on to queation (6b).
6a. Ia at laaat 75 percent of tha material recycled within
one calendar year?
( 1 ( ) no
If yea, go on to queation (7).
If no, go on to queation (6b).
6b. Ia the material a commercial chemical product that
¦exhlblta a hazardoua waata charactarlatlc or la llatad
aa a hazardoua wasta In 40 CPR 261.33?
[ 1 y«» ( ) no
If yea, go on to queation (7).
If no, the practice la apaculatlva accumula-
tion, and the material la a aolld
waata. Sea applicable regulationa,
below.
7. Ia tha material placed on the ground or uaed In a product that la
placed on the ground?
{ ) yea ( ) no
If yaa, go on to queation (7a).
If no, go on to question (•).
7a. Ia the material a commercial chemical product that
exhlblta a hazardoua waata charactarlatlc or 1a llated
In 40 CFR 261.33 that la produced for application to
tha land?
{ ) yea ( ) no
If yea, tha material la not a aolld waate.
If no, the activity results in use constitu-
ting disposal and tha material is a
aolld wasta. See applicable regula-
tiona, below.
8. Ia tha material uaed aa a fuel or used to produce a fuel?
I I y«s t 1 no
If yes, go on to question (8a).
if no, go on to question (9).
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8,1. is the aatarlal • coaaarclal chealcal product that
oxhlbite a haiardoua waste characteristic or ia Hated
In 40 CrR 261.31 and that ia produced to b« burnad aa
fuel?
t ) yaa [ 1 no
If yaa, tha aatarlal la not a aolid waata.
If no, tha activity raaulta In burning (or
energy recovery, and tha material la a
aolid waata. Saa applicable regula-
tions, below.
in the aatarlal uaed or rauaad
( ] aa an Ingredient In an lnduatrlal procaaa to aake
a new product without intermediate reclaaatlon
(regeneration or recovery of materials),
[ ] aa an effective aubatltuta for coaaarclal producta
in a particular function or application, or
I J aa a aubatltuta for raw aatarlal faadatock in the
primary production procaaa froa which it waa
generated, without being firat reclaimed (a
cloaad-loop procaaa)?
If any of tha above apply, tha activity ia uaa or
rauaa, and the aatarlal ia not a aolid waste.
If none of tha above apply, go on to queation (10).
Is the aatarlal regenerated or ara aatarlala with value
recovered froa the original aatarlal?
( ] yaa J ) no
If yaa, tha activity is raclaaatlon. Go on to queation
(10a).
If no, plaaaa raviaw tha definltlona of actlvltiea in
thia aanual and raconalder your answers, or
call tha RCRA Hotline for aaalatance.
loa. la the aatarlal
( ] a haiardoua waata Hated under 40 CFR
261.31 or 2(1.32 (thle provision
axcludea coaaarclal chemical producta,
which ara llated under 40 CFR 261.33),
I 1 a apent aatarlal exhibiting one of the
charactariatlca of a hazardoua waste
given in 40 CFR 261.20-.24, or
( ) a acrap aatal?
If any of tha above apply, tha aatarlal ia
a aolid waata. See applicable regula-
tiona, below.
If none of the abova apply, go on to queation
(10b).
10b. Ia tha aatarlal
( ) either a eludfga or a by-product that
axhlblta one of the charactariatlca of a
hazardous waata given in 40 CFR 261.20-
.24, and that la not liatad under 40 CFR
261.31-.32, or
( ) a coaaarclal cheaioal product that
exhlblta a hasardoua waata
characteriatic or is listed under 40 CFR
261.33?
If.any of tha abova apply, tha aatarlal is
not a aolid waata.
If nona of tha abova apply, plaaaa raviaw
tha definitions of actlvltiaa In thia
aanual and raconaldar your anawars, or
call tha RCRA Hotline for aasistanca.
Applicable Requlatlonai
1. Is the waata exeapt froa regulation (aee the llat In Exhibit 6)?
I ) yaa J ] no
If yaa, tha aatarlal Is not regulated.
If no, tha aatarlal is regulated. See ltea (2), below.
Discussions
EPA haa excluded apant pulping liquors that ara racyclad In a
pulping liquor recovery furnace and reused in tha pulping procesa froa
the definition of aolid waata, unleaa they ara apeculatively
accuaulated (aee 40 CFR 261.4(a)(6)).
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OTHER - SPENT MATERIAL 3
QoscrlptIon of Activity!
Ha»te sulfuric acid (a spent utwlil exhibiting the
character I title of corroelvity) la decoapoaad Into aulfur dioxide, a
gas that la piped to a aulfurlo aold manufacturing operation for use
aa a raw material In tha production of virgin aulfurlo acid.
What la tha atatua of tha waate sulfuric acid?
Qjeatlonsi
1. Is tlia Material that la recycled a aecondary material?
(X) yaa J J no
If yea, go on to queatlon (2).
If no, the material la not a solid waste.
2. Is the Material hatardoua? (A aaterlal la hasardoue If It la
listed under 40 CFR 261.30-.33 or exhlblta one of the
characterlatlca of a hatardoua waate given In 40 CFR 261.20-.24,
and la not apeclflcally excluded froa the definition of hazardous
waste under 40 CFR 261.4(b).)
1*1 y«« I I M
If yea, go on to quaatlon (1).
If no, tha aaterlal la not a solid waate.
3. Is the aaterlal apeclflcally excluded froa the definition of
eolld waste under 40 CFR 261.4(a) (aee the llet In Exhibit 5)?
(*1 yea J 1 no
If yea, the material la not a eolld waate.
If no, go on to queatlon (4).
4. I» the material Inherently waata-like (see the list In Exhibit 4)?
[ I yea ( ) no
if yee, the aaterlal la a aolld waate. See applicable
regulatlona, below.
If no, go on to queatlon (5).
5. Du<.-s the activity aerve a beneficial uae?
( 1 yaa ( ] no
If yae, go on to queatlon (6).
If no, the activity la not recycling, and tha aaterlal
la a aolld waate. See applicable regulatlona,
below.
la there a feaalbla aeana for recycling the waete?
( 1 y*s I ) no •
If yes, go on to question (6a).
If no, go on to queatlon (6b).
6a. Ia at leaat 75 percent of the material recycled within
one calendar year?
( 1 yea ( ) no
If yee, go on to queatlon (7).
If no, go on to quaetion (6b).
6b. Ia the aaterlal a commercial chemical product that"
exhibits a hatardous waste characterlatic or 1a Hated
aa a haxardoua waate in 40 CFR 261.33?
[ ) yee J ) no
If yea, go on to quaatlon (7).
If no, the practice la apeculatlve accumula-
tion, and the aaterlal la a aolld
waata. See applicable regulatlona,
below.
Ie the aaterlal placed on the ground or uaed In a product that la
placed on the ground?
I ) y*» I I no
If yee, go on to queatlon (7a).
If no, go on to queatlon (S).
7a. Ia the aaterlal a commercial chemical product that
exhlblta a haxardoua waata characterlatic or la liated
in 40 CFR 261.33 that la produced for application to
the land?
I 1 y«a C ) no
If y4a, the material la not a aolld waste.
If no, the activity reeulte In uae constitu-
ting disposal snd the aaterlal Is s
solid waste. See applicable regula-
tlona, below.
Ie the material uaed aa a fuel or uaed to produce a fuel?
( 1 yea • ( ] no
If yes, go on to question (6a).
If no, go on to question (9).
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0a. la the Material • coueroial chemical product that
exhibits a hazardous waata characteristic or la listed
In 40 CrR 261.31 and that Is produced to ba burned as
iuel?
C 1 yas 1 1 no
If yas, tha Material Is not a eolld waata.
If no, tha activity raaults in burning for
energy recovery, and tha Material la a
solid waste. Saa applicable regula-
tions, balow.
Is the Material uaed or raussd
( ) as an ingredient In an induatrial process to lakfc
a new product without interaedlata reclamation
(regeneration or recovery of Materials),
[ ) as an effective substitute for coaaerclal producta
in a particular function or application, or
I ) aa a substitute for raw Material feedstock in the
primary production procaas froa which it was
generated, without baing first reclaiaed (a
cloaed-loop proceaa)?
If any of the above apply, tha activity la uae or
reuse, and the Material ia not a solid waste.
If none of the above apply, go on to question (10).
Is tha Material regenerated or are Materials with value
recovered from the original Material?
J 1 yas ( ) no
If yas, tha activity is reolaMation. Go on to quaation
(10a).
If no, please review the definitiona of activities in
this Manual and reconsider your anawera, or
call the RCRA Hotline for aeaiatance.
10a. is tha Material
( ] a haxardoua waata listed under 40 CFR
261.31 or 261.32 (thla provision
excludes coMMercial ctieMlcal 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
regulationa, balow.
If none of the above apply, go on to question
(10b).
10b. Is the Material
( ] either a eludga or a by-product that
exhibits ons of the charactariatlca of a
haxardoua waate given in 40 CFR 261.20-
.24, and that ia not listed under 40 CFR
261.31-.32, or
( ) a coMMercial cheMical product that exhi-
bits a haxardoua waata charactariatlc or
ia Hated under 40 CFR 261.33?
If any of the above apply, tha Material is
not a solid waate.
If none of the above apply, plaaae review
the definitiona of activltlaa in this
Manual and reconalder your answers, or
call the RCRA Hotline for aaslstanca.
Applicable Requlatlonsi
1. Is the waste exeapt fros regulation (see the list in Exhibit 6)?
( ) yea ( ) no
If yea, tha Material ia not regulated.
If no, the Material la regulated. See ltea (2), below.
Discussions
The process of decoMpoelng sulfuric scld to recover sulfur
dioxide is considered reclamation of a charactariatlc apent Material.
Noraally, characterietic apent Materials that are reclaiaed are solid
wastes. However, EPA has Issued a special exclusion stating that
spent sulfuric acid usad to produce virgin aulfurlc acid la not a
solid wasts, and is not subject to RCRA Subtitle C regulation, unless
it is speculatively accuaulatad (sse 40 CFR 261.4(a)(7)).
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OTHER - 8PENT MATERIAL 4
Deacription of Activity!
Spoilt uulfur lc acid (a spent aatarial exhibiting the
character Iatlo of corroaivlty) la uaad with a coaaercial conditioning
agent as a wastewater conditioner.
ttti.it la the atatua of tha apant aulfurlc aold?
Queatlona;
1. Ie ti.e material that la recyoled a aacondaty aatarial?
l*» *•¦ ( 1 «*<»
If yaa, go on to question (2).
If no. tha aatarial la not a aolid waste.
2. Is tha material hazardous? (A aatarial la liaxardoua If it la
lisitod under 40 CFR 261.30-.33 or exhlblta one of the
characteristics of a hasardoua waste given in 40 CFR
2H1.20-.24, and la not apaciflcally excluded froa the
definition of hasardoua waste under 40 CFR 261.4(b).)
(XI yea ( J no
If yes, go on to question (3).
II no, the aatarial la not a aolid waste.
]. Is tlie aatarial apeclflcally excluded froa the definition of
aolid waate under 40 CFR 261.4(a) (aee the llat in Exhibit
5)?
I ) Y«» (X) no
If yea, tha aatarial la not a aolid waate.
If no, go on to question (4).
4. Is the aatarial' inherently waate-1Ike (aae the list in
Exhibit 4)?
( ) y*» 1*1 no
If yea, the aaterlal la a solid waate. See applicable
regulatlona, below.
If no, go on to question (5).
5. Doeu the activity aerve a beneficial uaa?
( 1 y«» (X) no
It yea, go on to queatlon (6).
If no, the activity la not recycling, and the aaterlal
la a aolid waate. See applicable regulations,
below.
6. la there a feasible aeana for recycling the waate?
t 1 y«" l ] no .
If yea, go on to quaetlon (6a).
If no, go on to queatlon (6b).
6a. Ia at laaat 73 percent of the aatarial recycled within
one calendar year?
I 1 y«" C ) no
If yea, go on to queatlon (7).
If.no, go on to queatlon (6b).
6b. Ia the aaterlal a coaaercial chealcal product that
.exhlblta a hasardoua waate characterlatic or ia listed
ap a hasardoua waata in 40 CFR 261.33?
C ] y«» I 1 no
If yaa, go on to queatlon (7).
If no, the practice la epeculatlve accuaula-
tlon, and tha aatarial la a solid
waate. See applicable regulatlona,
balow.
7. Ia tha aaterlal placed on the ground or uaad In a produr
that la placed on tha ground?
C 1 y*" 1 ) no
If yas, go on to queatlon (7a).
If no, go on to queatlon (I).
7a. Is tha aatarial a coaaercial chaalcal product that
exhlblta a hasardoua waate characterlatic or la Hated
in 40 CFR 261.33 that is produced for application to
the land?
( ] yaa ( ) no
If yaa, tha aatarial ia not a solid waata.
If no, the activity rasulta in uaa conatitu-
tlng disposal and tha aatarial ia a
aolid waate. See applicable regula-
tlona, balow.
S. Is the aatarial uaad aa a fuel or uaad to produce a fuel?
I 1 yea ( ) no
If yea, go on to question (8a).
If no, go on to queatlon (9).
-------
•a. u the aatarlal a coaaerclal cheaical product that
exhibits a hazardous vast* characteristic or ia llstad
In 40 CFR 261.31 and that la produced to ba burned aa
fuel?
( ) yaa ( ] no
If yea, thp aatarlal la not a solid waata.
If no, tha activity rasults In burning for
energy recovery, and the Material Is
a solid waata. Sea applicable regu-
latlona, below.
Is tha Material used or reuaed
( ) as an Ingredient In an Industrial process to aake-
a new product without intersectiate reclamation
(regeneration or recovery of aatarlals),
( ] as an effective substitute for commercial products
in a particular function or application, or
( ) as a substitute for raw aatarlal 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
reuae, and the aatarlal la not a solid waste,
if none of the sbove apply, go on to queation (10).
Ia the material regenerated or are aaterlals with value
recovered froa the original aatarlal?
( ] yes ( ) no
If yes, ths activity is reclaaation. Go on to question
(10a).
If no, pleaae review the deflnltlona of actlvltlaa in
this aanual and raconaldsr your answers, or
call tha RCRA Hotline for aaslatance.
10a. Ia the aaterlal
( ) a hazardous waste Hated under 40 CFR
261.31 or 261.32 (this provision
excludes coaaerclal chaalcal products,
which are liated under 40 CFR 261.33),
( ) a apent aatarlal exhibiting one of the
characteristics of a haxardoua waata
given in 40 CFR 261.20-.24, or
( ) a scrap metal?
If any of the above apply, the material ia a
solid waste. See applicable regula-
tions, below.
If none of the above apply, go on to queation
(10b)*
lob. Is ths material
( ) either a sludge or a by-product that
exhibits one of the charactariatlca of a
hazardous waata given in 40 crR 261.20-
.24, and that is not listsd under 40 cm
261.31-.32, or
( ) a coaaerclal chealcal product that exhi-
bits a haxardoua waate characterlatic or
la liatad under'40 CFR 261.33?
If any of tha above apply, the aatarlal Is
not a solid waate.
If none of the above apply, please review tha
definitlone of actlvltlaa in thia aanual
and reconsider your answera, or call tha
RCRA Hotline for aaaiatance.
Applicable Regulations!
1. Is the waste exeapt froa regulation (see the list in Exhibit 6)?
t 1 y«» [X] no
If yes, the aaterlal ia not regulated.
If no, the aaterlal is rsgulated. See ltea (2), below.
2. The generator of the apent sulfuric acid Is subject to requlre-
aents under 40 CFR 262. Tranaportera of tha acid are subject to
requirements under 40 CFR 263. Generators and other parties
handling the acid may be subject to storage facility requirements
under 40 CFR 264 and 265 aubparta A through L. Generatora who
store the acid in tanka or contalnara for no aore than 90 days
are subject to requirements for accumulation under 40 CFR 2*2.14.
Persons disposing of the waste aay ba subject to requirenents
under 40 CFR 264 and 265.
Discussion!
This is an axaaple of shaa recycling, where the apent sulfuric
acid ia only aarginally affective for the claimed use. The fact that
a commercial conditioning agent must be used along with the sulfuric
acid la an indication that tha claimed recycling is a sham. Thus, the
spent sulfuric acid is a aolid waste and ia subject to RCRA Subtitle C
regulation.
-------
OTHER - HON-8ECONDMW MATER I XL 1
ueacrlnlIon pf_Xctlvlty«
Unun.d propulsion (u«l froa a torpedo that ha* baan fired and
retrieved aust ba raclalaed bafora rauaa for ita original purpose
bacauao U has baan contaalnated with aalt water.
What la tha status of tha unused propulsion fuel?
Quest! on:i:
1. lu ilia aatarlal that la recyolad a secondary material?
t ) y*" 1*1 no
If yea, go on to question (2).
If no, tha material is not a solid waste.
2. is the material hazardous? (A aaterlal la hazardous if it is
lilted under 40 CFR 261.30-.33 or exhibits one of the
cl> it actariatios of * haxardoue waate given in 40 CFR 261.20-.Z4,
an I ia not specifically excluded from the definition of hazardous
va:;to under 40 CrR 261.4(b).) |
I ) yea ( ) no
If yas, go on to question (3).
If no, tha aaterlal Is not a aolid waate.
3. Is the aatarlal apeclflcally excluded froa the definition of
solid waste under 40 CPR 261.4(a) (see the liat in Exhibit 5)?
I ) yea [ J no
If yes, the aatarlal is not a solid waste.
If no, go on to quaatlon (4).
4. In the aatarlal Inherently waata-llke (see the list in Exhibit 4)?
I J yes ( ) no
If yes, tha aatarlal Is a solid waste. see applicable
regulationa below.
If no, go on to quaatlon (9).
5. tha activity aerve a beneficial use?
I 1 yes ( ) no
If yss, go on to question (6).
If no, the activity is not recycling, and the aaterlal
is a solid waata. Sea applicable regulations
below.
6. Is there a feasible aeans for recycling tha waate?
t J y«" I ) no •
If yes, go on to question (6a).
If no, go on to quaatlon (6b).
6a. Ia at leaat 75 percent of tha aatarlal recycled within
one calendar year?
( ) yea ( ) no
If yas, go on to question (7).
If no, go on to question (6b).
6b. Is the aaterlal a coaaerclal chealoal product that
¦ exhibita a hazardous waate characteristic or is listed
as a hazardous waata in 40 CPR 261.33?
I 1 yas ( ) no
It yea, go on to question (7).
If no, the practice Is speculative
accuaulation, and tha aatarlal ia a
solid waata. See applicable
regulationa below.
7. Ia the aaterlal placed on the ground or uaed In a product that Is
placed on the ground?
J ) yes I ) no
If yes, go on to question (7a).
If no, go on to quaatlon (I).
7a. Is the aaterlal a coaaerclal chealcal product that
exhibita a haxardoue waata characteristic or is listed
In 40 CPR 261.33 that ia produced for application to
tha land?
( ) yas ( J no
If yea, tha aatarlal is not a aolid waate.
If no, the activity raaults in uae
constituting disposal and the aaterlal
ia a aolid waste. Sae applicable
regulationa below.
8. Is the aaterlal uaed aa a fual or uaad to produce a fual?
( ) yea ( ) no
If yes, go on to question (6a).
If no, go on to question (9).
-------
8a- la the material a commercial chemical product that
exhibits a hazardous vast* characteristic or la listed
in 40 CFR 261.11 and that is produced to be burned as
fuel?
| J yes I I no
If yes, the material is not a solid waste.
If no, the activity results in burning (or
energy recovery, and the Material is a
solid waste. See applicable regulations
below.
Is the aaterial used or reused
[ ] as an ingredient in an industrial process to »ake- '
a new product without internedlate 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 question (10).
Is the material regenerated or are materials with value
recovered from the original material?
( J yes C J no
If yes, the activity Is reclamation. Go on to question
(10a).
If no, please review the definitions of activities in
this manual and reconsider your answers, or
call the RCRA Hotline for esslstance.
loa. Is the material
( ) a hazardous waste listed under 40 CFR
361.11 or 261.32 (thla provision
excludes commercial chemical producta,
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 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
(10b).
10b. is the material
( ] either a sludge or a by-product that
exhlbite one of the characteriatlcs of a
hazardous waste given In 40'CFR 261.20-
.24, and that Is not llstsd under 40 CFR
261.31-.12, or
( ) a commercial chemical product that
exhibits a hazardous waate
characteristic or Is listed under 40 CFR
261.11?
It any of the above apply, the materiel 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 Regulatlonst
1. Ia the waate exempt from regulation (aae the Hat In Exhibit 6)?
C ) ye» ( ) no
If yea, the material Is not regulated.
If no, the material Is regulated. See item (2), below.
Discussion;
The fuel is not a secondary material, but unreacted raw material
(an unburned fuel). Because It Is not a secondary materiel, it cannot
be a solid waste, and is not subject to RCRA Subtitle C regulation.
-------
OTHER - HON-SECONDARY MATERIAL 2
Daacrj|>l i] no
It yaa( go on to queatlon (2).
If no, tha Material la not a aolld waste.
2. Is tha aatarial haiardoue? (A aatarlal la hatardoua If It la
llr.tcd under 40 CFR 261.30-.31 or exhibita one of the
ch.iracterlatlce of a haxardous waata given In 40 crR 2S1.20-.24,
ami la not apaclflcally excluded froa tha definition of hazardous
wa-ite under 40 CFR 261.4(b).)
I
( ) yea [ ] no
If yea, go on to quaatlon (3). ;i
If no, the aatarlal la not a aolld waata. '
3. I-- the aaterlal a pacifically excluded froa tha definition of
solid waata under 40 CrR 261.4(a) (aae the llat in Exhibit S)?
( ] yea ( ) no
If yea, the aaterlel la not a aolld waata.
If no, go on to quaatlon (4). i
4. la the aaterlal Inherently waate-llke (aae the llat In Exhibit 4)?
i
I ) y«» C 1 »» J
If yaa, tha aatarlal la a aolld waata. See applicable
regulatlona, below.
If no, go on to question (5).
5. Dues the activity aerve a beneficial uae?
I 1 yea I I no
If yea, go on to quaatlon (6).
If no, the activity la not recycling, and tha aaterlal ;
is a aolld waata. See applicable regulatlona,
below.
6. Ia there a feaalbla aeana for recycling the waata?
I ) yaa I ] no ¦
If yaa, go on to quaatlon (6a).
If no, go on to quaatlon (6b).
6a. Ia at laaat 75 percent of the aatarlal recycled within
one calendar year?
( ) yea [ 1 no
If yea, go on to quaatlon (7).
If no, go on to quaatlon (6b).
6b. Ia tha aatarlal a coaaarclal chaalcal product that
• exhibita a hazardous waata charactariatic or la liated
aa a hazardoua waata in 40 CFR 261.33?
J ) yea [ )• no
If yea, go on to queatlon (7).
If no, tha practice la apaculatlve accumula-
tion, and tha aatariel la a aolld
waata. See applicable regulatlona,
below.
7. Ia the aaterlal placed on the ground or uaed In a product that la
placed on the ground?
( ) yea t ) no
If yea, go on to quaatlon (7a).
If no, go on to queatlon (6).
7a. Ia the aaterlal a coaaarcial cheaical product that
exhibita a hasardoua waata charactariatic or ia liated
In 40 CFR 261.33 that la produced for application to
the land?
( 1 yaa ( 1 no
If yaa, the aaterlal ia not a aolld waate.
If no, tha activity reaulta in uaa consti-
tuting dlapoaal and the aatarlal la a
aolld waate. See applicable regula-
tlona, below.
S. Ia the aatarlal uaed aa a fuel or uaad to produce a fuel?
t ) yea I I no
If yea, go on to question (Ba).
If no, go on to question (9).
-------
Ki Is tha material a commercial chaalcal product that
exhibits a hazardous vast* characteristic or la listed
in 40 CFR 261.13 and that Is produced to be burned as
luel?
( 1 yes I J no
If yes, the material Is not a solid waste.
1( no, the activity results In burning for
energy recovery, and the Material 1s a
solid waste. See applicable regula-
tions, below.
Is the Material used or reused
( ] as an ingredient in an industrial process to sake
a new product without intermediate reclamation
(regeneration or recovery of materials),
I ] as an effective substitute tor commercial products
in a particular function or application, or
I 1 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).
Is tha material regenerated or are materials with value
recovered from the original material?
I ) yes t ) no
If yes, the activity is reclamation. Go on to question
(10a).
If no, pleaae review the definitions of activities in
this manual and reconsider your answers, or
call the RCRA Hotline for assistance.
10a. Is the material
( J a hazardous waste listed under 40 cm
261.31 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 CPU 261.20-.24, or
( ) • scrap metal?
If any of tha above apply, tha material la
a solid waste. See applicable regula-
tions, below.
If none of the above apply, go on to question
(10b).
10b. la the material
( ] either a sludge or a by-product that
exhibits one of the characteristics of a
hazardous waste given in 40 CM 261.20-
.24, and that is not listed under 40 cm
261.11-.12, or
( ] a commercial chemical product that
exhibits a hazardous waste characteris-
tic or is listed under 40 CFR 261.11?
If any of tha above apply, the material Is
not a solid waste.
If none of the above apply, pleaae review
the definitions of activities in this
manual and reconsldsr your anawers, or
call tha RCRA Hotline for assistance.
Applicable Regulationst
1. Is the waate exempt from regulation (see the list in Exhibit 6)?
I 1 y«» [ I no
If yes, the material Is not regulated.
If no, the material is regulated. See item (2), below.
Dlscussloni
The hexachlorobutadlene is the product of the recusation of a
listed by-product. Such products are not themaelvea solid wastes
unless they (a) are burned aa a fuel, (b) are placed on the land In a
manner constituting disposal, or (c) require further proceaaing to
complete the reclamation proceas. In this case, the
hexachlorobutadlene is reueed without further reclamation. Thus, tha
hexachlorobutadlene is not a solid waate and Is not subject to RCRA
Subtitle C regulation.
See Also: Reclamation - By-Product 2
Other - Non-Secondary Material S
-------
OTHER - NON-8ECONDARV MATERIAL 1
Ocscript ton of Activityi
To I noci« originally uaed In praaa and roller claanup In printing
and coaling operatlona la aagragatad by ink typa and rauaed as a
ttilnnar at tha aaae facility.
Nhat ta tha atatua of tha contaalnatad toluene?
Questions:
1. Ia thu aatarlal that la recycled a aacondary aatarlal?
I I t*l "*o
i( yaa, go on to queatlon (2).
If no, tha aatarlal la not a aolld vaata.
2. Ia tha aatarlal hatardoua? (A aatarlal la hasardoua If It la
llsteil undar 40 CFR 261.30-.33 or axhlblta ona of tha
characterlatlce of a hatardoua vaata glvan In 40 CFR 261.20-.24,
and I:; not apeclflcally excluded froa tha definition of harardoua
waste undar 40 CFR 261.4(b).)
i J yaa J ) no
If yaa, go on to quaatlon (3).
If no, tha aatarlal la not a aolld vaata.
3. Ia tlie aatarlal (pacifically axcludad froa tha definition of
aolid waste undar 40 CFR 261.4(a) (aea tha Hat in Exhibit S)?
I ) yaa I J no
if yaa, tha aatarlal la not a aolld waata.
If no, go on to quaatlon (4).
4. Ia tha aatarlal Inherently vaata-like (see tha Hat In Exhibit 4)?
| ] yaa I ) no
if yea, tha aatarlal la a aolld waata. see applicable
regulatlona, belov.
If no, go on to quaatlon (5).
5. Doea the activity aarve a beneficial uaa?
| 1 yea I 1 no
if yaa, go on to quaatlon (6).
if no, tha activity la not recycling, and tha aatarlal
la a aolld vaata. See applicable regulatlona,
balov.
6. Ia there a feaalbla aeana for recycling the vaata?
I 1 yaa J | no '
If yaa, go on to quaatlon (6a).
If no, go on to quaatlon (6b).
6a. Ia at laaat 79 percent of the aatarlal recycled within
one calendar year?
I J y«» I 1 no
If yea, go on to quaatlon (7).
If -no, go on to quaatlon (6b).
6b. Ia tha aatarlal a coaaerclal chealcal product that
axhlblta a hasardoua vaata charactarlatle or la Hated
aa a hazardoua vaata In 40 CFR 261.33?
t 1 y«a ( ) no
If yea, go on to quaatlon (7).
If no, the practice la apeculatlva accumula-
tion , and tha aatarlal la a aolld
waata. See applicable regulatlona,
below.
7. la tha aatarlal placed on the ground or used In a product that la
placed on the ground?
( 1 yaa ( ) no
If yaa, go on to quaatlon (7a).
If no, go on to quaatlon (¦).
7a. Ia tha aatarlal a coaaerclal chealcal product that
axhlblta a hatardoua waata charactarlatle or la lleted
In 40 CFR 261.33 that la produced for application to
tha land?
( 1 yaa ( ) no
If yaa, tha aatarlal la not a aolld waata.
If no, the activity reaulta In uaa consti-
tuting disposal and the aatarlal la a
aolld vaata. See applicable regula-
tlona, belov.
6. Ia tha aatarlal uaed aa a fuel or uaed to produce a fuel?
I ) yaa I 1 no
If yea, go on to queatlon (8a).
If no, go on to queatlon (9).
-------
•a. la tha material a commercial chemical product that
exhlblta a haxardoua waate charactariatic or ia listed
In 40 CFR 261.33 and that ia produced to ba burned aa
fuul?
[ J yaa ( J no
It yaa, tha aatarial ia not a aolld waata.
If no, tha activity raaulta in burning for
energy recovery, and the material ia a
aolld waata. 8ae applicable ragula-
tiona, balow.
Ia tha Material uaad or reuaad
() aa an ingredient in an induatrial proceaa to mak'rf
a new product without intermediate reclamation
(regeneration or recovery of materlala),
() aa an affective eubatitute for coaaarclal producta
in a particular function or application, or
( J aa a aubatltuta for raw aatarial feedstock in the
primary production proceaa from which it waa
generated, without being flrat reclaimed (a
cloaed-loop proceaa)?
It any of tha above apply, tha activity la uaa or
reuae, and the material la not a aolld waata.
If none of the above apply, go on to queatlon (10).
Is tha material regenerated or are materials with value
recovered from the original material?
( 1 yaa ( I no
If yaa, tha activity la reclamation. Co on to quaatlon
(10a).
If no, pleaae review tha definitions of activities in
thia manual and reconaidar your anawera, or
call tha RCRA Hotline for aaslstance.
loa. la tha material
( ) a haxardoua waste listed under 40 CFR
261.31 or 261.32 (this provision
excludes commercial chemical products,
which are liatad under 40 CFR 261.33),
( ) a apent material exhibiting one of the
characterlatlca of a hazardoua waste
given in 40 CFR 261.20-.24, or
( ] a acrap metal?
If any of the above apply, the material ia
a aolld waate. See applicable regula-
tions, below.
If none of the above apply, go on to gueatlon
(10b).
10b. Ia the material
( ) either a aludga or a by-product that
exhlblta one of the characteristics of a
hazardous waate given in 40 CFR 261.20-
.24,. and that la not Hated under 40 CFR
261.31-.32, or
( ] a commercial chemical product that
exhlblta a hatardoua waste charactaria-
tic or la liatad under 40 CFR 261.33?
If any of the abova apply, the material ia
not a aolld waata.
If none of the abova apply, plaaaa review
the definitlona of activltiea in this
manual and reconaidar your answara, or
call tha RCRA Hotline for aaaiatanca.
Applicable Regulations;
1. Ia tha waata exempt from regulation (aaa tha llat in Exhibit 6)?
( ] yea ( ] no
If yaa, tha material is not regulated.
If no, the aatarial la regulated. See item (2), balow.
Dlacuaalon:
Tha activity of aagregatlng by ink type doea not conatitute
reclamation, bacauae tha toluene la not regenerated. Because the
aatarial ia uaad without being reclaimed, it la not a apant material,
and thua not a secondary material. Materlala that are not apent are
not aolld waataa and are not aubject to RCRA Subtitle C regulation.
-------
OTIIER - NOM-SECOHDARY MATERIAL 4
Duscript Ion ot Actlvltyi
Sol/outs (exhibiting the characteristic df lgnltablllty)
originally uiitd to clean circuit boards but no longer pura enough for
that purpose, ara rauaad aa la aa aatal degreasers.
What la tha atatua of tha contaalnatad solvants?
Quaatlonui
1. Ia Mil.* a.itarlal that la recycled a secondary aatarlal?
I J y« (*1 no
if yes, go on to question (2).
if no, tha aatarlal ia not a aolid vaata.
2. Ia tha aatarlal hatardoua? (A aatarlal la hatardoua if it li
lliitcl under 40 CPR 2C1.10-.33 or exhlbita ona of tha
characterlatice of a hatardoua vaata qlvan in 40 CPR 261.20-.24,
an.I in nut apaclfically axcludad fro* tha definition of hatardoua
waslt un.iar 40 CFR 261.4(b).)
I I »•• t ] no
If yaa, qo on to quaatlon (3).
If no, tha aatarlal la not a aolld waste.
3. Is the aatarlal apaaiflcally axcludad froa tha definition of
aolld waste under 40 CPR 261.4(a) (aae the llat In Exhibit 5)?
{ | yaa J ) no
If yea, the aatarlal is not a aolid waata.
If no, qo on to quaatlon (4).
4. Ia tha aatarlal inherently waate-llke (aae the llat In Exhibit 4)?
( I yes { J no
If yea, the Material la a aolid waata. See applicable
regulations, below.
If no, qo on to question (5).
5. Docs the activity aerve a beneficial uaa?
J ) yea ( ) no
If yea, qo on to quaatlon (6).
If no, tha activity ia not recycling, and the Material
is a solid wasta. See applicable regulations,
below.
6. Is there a feasible aeana for recycling the waateT
I )*•• l ) no
If yea, go on to quaatlon (6a).
If no, go on to quaatlon (6b).
6a. Ia at leaat 75 percent of the aaterlal recycled withlr
one calendar year?
( J yea ( ) no
If yea, go on to quaatlon (7).
If no, go on to quaatlon (6b).
6b. Ia tha aatarlal a coaaerclal chemical product that
exhlbita a hatardoua waata characterlatic or ia listed
as a hatardoua waata in 40 CFR 261.33?
( } Y«s ( 1 no
If yea, go on to quaatlon (7).
If no, tha practice la apeculatlve accuaula-
tion, and tha aatarlal la a aolld
waata. See applicable regulatione,
below.
7. Ia tha aatarlal placed on the ground or uaad In e produot that la
placed on the ground?
( ) yea ( ] no
If yea, go on to queatlon (7a).
If no, qo on to queatlon (B).
7a. Ia tha Material a coaaerclal chealcal product that
exhlbita a hatardoua waata characterlatic or la Hated
in 40 CPR 261.33 that la produced for application to
the land?
( ) yaa [ ) no
If yea, the aatarlal la not a aolld wasta.
If no, the activity reaulta in use constitu-
ting disposal and the aaterlal ia a
aolid wasta. Sea applicable regula-
tion a, below.
S. Ia tha aatarlal uaad aa a fuel or used to produce a fuel?
I ) yss ( ) no
If yes, go on to question (8a).
If no, go on to question (9).
-------
6n. lu the material a commercial chemical product that
exhibits a hazardous vast* characteristic or is listed
lit 40 crR 261.33 and that la produced to be burned as
fuel?
( ] yaa C I no
If yea, the aaterial la not a aolid vaate.
If no, the activity reaulta in burning for
energy recovery, and the aaterial is a
aolid vaate. See applicable regula-
tions, below.
Is the Material uaed or reused '
( ] as an ingredient in an lnduatrlal process to Bake,
a new product without intermediate reclamation
(regeneration or recovery of aateilals),
| ] as an effective substitute for conaercial products
in a particular function or application, or
I 1 as a substitute for raw material feedstock In the
primary production proceas froe which it was
generated, without being first reclaimed (a
closed-loop proceas)?
If any of the above apply, the activity Is use or
reuse, and the material Is not a solid waata.
It none of the above apply, go on to question (10).
Is the material regenerated or are material* with value1
recovered from the original material?
[ ) yes I ] no
If yes, the activity Is reclamation. Go on to quaatlon
(10a).
If no, please review the definitions of actlvitlaa in
this manual and reconelder your anawara, or |
' call the RCRA Hotline for assistance.
10a. la 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),
( ] a spent material exhibiting one of the
characteristics of a hazardous waate
given in 40 CFR 261.20-.24, or
( ) a scrap metal?
If any of the above apply, the aaterial is
a solid waate. See applicable regula-
tions, below.
If none of the above apply, go on to queation
(10b).
10b. Ia 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 CFR
261.31-.32, or
( ] a commercial chemical product that exhi-
bits a hazardoua waata charactariatio or
is Hated under 40 CFR 261.33?
If any of the above apply, the material is
• not a solid waata.
If none of the above apply, please review
the definitions of activities in this
manual and reconaider your answers, or
call the RCRA Hotline for assistance.
Applicable Requlationst
1. Is the waate exempt from regulation (see the list in Exhibit 6)?
( 1 yes ( ] no
If yes, the material la not regulated.
If no, the material is regulated. See Item (2), below.
Discussion:
Solvents commonly are produced and used as degreasers. As long
as the solvents (in this case) are uaed aa dagraaaers, without being
reclaimed, they are serving a purpose for which they originally were
manufactured} since they are not "apent", they are not secondary
materials. Matarlala that are not secondary materlala are not solid
wastes and thua are not subject to RCRA Subtitle C regulation.
See Alaot
Other - Non-Secondary Material 6
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OTHER - HON-8ECOHDARV MATERIAL 3
Description of Activity!
Column bottoae and heavy anda containing hexachlorobutadiane froa
tha prodtir I ion of perchloroethlyene (a by-product that la Hated under
EPA Hazanloua Maata No. K030) ara atrlppad of volatile Materials
(which are recycled back Into the perchloroethylene proceaa). The
residua Is Jlstllled to recover marketable hexachlorobutadlene.
What In the atetua of the volatile Materials?
Questional
1. Ia t ho Material that la recycled a secondary Material?
I ] *•» t*l no
if yaa, go on to quaatlon (2).
ir no, the material la not • aolld waate.
2. Ia tho Material hazardoua? (A Material la haaardoua If It la
listed under 40 CFR 261.30-.33 or exhibits one of the
chaijctertatlea of • hasardoua waate given In 40 CFR 261.20-.24,
and la not specifically exaluded froa the definition of hatardoua
waste under 40 CFR 261.4(b).)
( ) yaa ( ) no
if yea, go on to queatlon (3).
If no, the material la not a aolld waate.
3. Ja the aatarlal epeclflcally excluded froa the definition of
aolid waste under 40 CFR 261.4(a) (aee the llat In Exhibit 5)?
I J yea I ) no
if yea, the Material la not a solid waata.
If no, go on to quaatlon (4).
4. Ia the Material Inherently waata-llke (aee the llat In Exhibit 4)?
I ) yes | 1 no
If yea, the Material la a aolld waata. See applicable
regulatlona, below.
If no, go on to question (5).
5. Does the activity aarve a beneficial uaa?
[ 1 yea I ) no
If yea, go on to quaatlon (6).
If no, the activity la not recycling, and the Material
la a aolld waate. See applicable regulatlona,
below.
6. Ia there a faaalble Mesne for recycling the waate?
I 1 yea J ) no
If yee, go on to queatlon (6a).
If no, go on to queatlon (6b).
6a. la at laaat 75 percent of the Material recycled within
one calendar year?
( ] *ee I ] no
If yea, go on to quaatlon (7).
It no, go on to quaatlon (6b).
6b. la tha Material a coaaaroial cheMloal product that
exhlblta a hazardoua waate characterletlo or la listed
aa a hazardoua waata in 40 CFR 261.33?
C 1 yea J ) no
If yea, go on to quaatlon (7).
If no, tha practice la apeculatlve accumula-
tion, and the Material la a aolld
waata. Sae applicable regulatlona,
below.
7. Ia tha Material placed on tha ground or uaed In a product tktt la
placed on the ground?
( ) y«» C J no
If yea, go on to quaatlon (7a).
If no, go on to quaatlon (8).
7a. Ia tha Material a coaaerclal chealeal product that
exhlblta a hazardoua waata charactarlatlc or la llated,
in 40 CFR 261.33 that is produced for application to'
the land?
t J yea | ) no
If yea, the Material la not a aolld waata.
If no, tha activity reaulta in uae constitu-
ting dlapoaal and tha Material la a
aolld waata. See epplicable regula-
tlona, below.
8. la tha Material uaed aa a fuel or uaad to produce a fuel?
( ) I 1 no
If yea, go on to queatlon (8a).
If no, go on to-question (9).
-------
In. is the material a commercial chemical product that
exhibits a hazardoua waata charactarlstic or in listed
In 40 CFR 261.31 and that la produced to be burned as
fuel?
( ) yea ( J no
It yea, tha Material la not a aolid waata.
If no, the activity reaulta In burning for
energy recovery, and tha aaterial Is a
aolid waste. See applicable regula-
tion a, below.
Is the aaterial used or reused
I ) aa an Ingredient In an lnduatrlal proceee to sake
a new product without intermediate reclamation
(regeneration or recovery of materials),
( ) aa an affective aubstitute for coaaerclal products
in a particular function or application, or
() as a subatituta 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 tha material Is not a solid waata.
If none of the above apply, go on to quaation (10).
Is the material regenerated or are materlala with value
recovered from the original material?
( ) yea J J no
If yea, the activity la reclamation. Go on to queatlon
(10a).
If no, please review the definitions of activities in
this manual and reconsider your anawara, or
call the RCRA Hotline for aaalstanca.
loa. Is the material
( ) a hazardous waata llated under 40 CFR
261.31 or 261.33 (this provialon
excludes commercial chemical producta,
which ara llated under 40 CFR 261.33),
( ) a spent material exhibiting one of the
characterlatlca of a hazardoua waste
given in 40 CFR 261.20-.24, or
( ] a acrap metal?
If any of the above apply, the aaterial is
a solid waste. See applicable regula-
tions, below.
If none of the above apply, go on to question
(10b).
10b. Is the aaterial
( ) either a sludge or a by-product that
exhibits one of the characterlatlca of a
hazardoua waata given in 40 CFR 261.20-
.24, and that la not llated under 40 CFR
261.31-.32, or
( ] a coaaerclal chealcal product that exhi-
bits a hazardoua waate characteristic or
la llated under 40 CFR 261.33?
If any of tha above apply, the aaterial la
not a aolid waste.
If none of the above apply, please review
the definitions of activities in this
aanual and raconalder your anawara, or
call tha RCRA Hotlina for aaalatanca.
Applicable Regulatlonat
1. Ia the waste exempt from regulation (see the list In Exhibit 6)?
I 1 y«« I J no
If yes, the material is not regulated.
If no, the material Is regulated. See item (2), below.
Discussion!
The volatile materials ara producta of reclamation of a llated
by-product. Such producta are not themaelvee aolid waatea unleaa they
(a) ara burned aa a fuel, (b) ara placed on the land in a manner
conatitutlng dlapoaal, or (c) require further proceaalng to complete
the reclamation process. In this caaa, the volatile materlala ara
reused In the perchloroethylene process without further reclamation.
Thus, they are not aolid waataa and are not aub)ect to RCRA Subtitle
C regulation.
SeeAlsoi
Reclamation - By-Product 2
Other - Non-Secondary Material 2
-------
OTHER - NON-SECONDARY MATERIAL 6
DuacrlplIon of Activity:
Spent acid froa a braea Bill (a apant aatarial exhibiting tha
characteristic of corroaivlty) la nelilMd for ita copper contant.
Tha ooppir la than rausad In tha sill aa an ingredient in tha produc-
tion of la.ias. Tha regenerated aoid la raturned to lta original use.
Mhat la tha atatua of tha coppar?
Queatloim:
1. Ia tlu! arterial that la racyolad a aacondary aatarial?
I 1 IX] no
if yea, go on to quaation (2). 4
If no, tha aatarial ia not a aolid waata. ^
2. Ia ilia aatarial hasardoua? (A aatarial la hasardoua It it la
lintel undar 40 CPR 261.10-. 33 or exh lb lta ona of tha
char n:terlatica of - hasardoua waata glvan in 40 CrR 261.20-.24,
and la not apecifically excluded froa tha dafinltion of hasardoua
waste undar 40 CPR 261.4(b).)
( ) yaa ( 1 no
If yaa, go on to quaation (3).
If no, tha aatarial la not a aolid waata.
1. Ia tha aatarial specifically axcludad froa tha dafinltion of
aolid waata undar 40 CFR 261.4(a) (aaa tha liat in Exhibit 5)?
( ] yaa ( ) no
If yaa, tha aatarial ia not a aolid waata.
If no, go on to quaation (4).
4. Ia ths aatarial lnharantly waata-llka (aaa tha liat in Exhibit 4)?
[ 1 y*» I 1 no
If yaa, tha aatarial la a aolid waata. Saa applicable
regulationa, below.
If no, go on to quaation (3).
5. Dona the activity aarva a beneficial uaa?
I ) Y«» I J no
If yea, go on to quaation (6).
If no, tha activity ia not recycling, and tha aatarial
ia a aolid waata. Sea applicable regulationa,
below.
6. la thera a feaalble aeana for recycling tha waata?
I ) yaa [ ) no '
If yaa, go on to quaation (6a).
If no, go on to quaation (6b).
6a. Ia at laaat 73 percent of tha aatarial recycled within
one calendar year?
( ) yea ( ) no
If yaa, go on to question (7).
If no, go on to quaation (6b).
6b. Ia tha aatarial a coaaercial chaaioal product that
Exhibits a hasardoua waata charactariatlo or ia listed
aa a hasardoua waata in 40 CPR 261.31?
( ) yaa J ) no
If yaa, go on to quaation (7).
If no, tha practice la apeculatlve accumula-
tion, and tha aatarial ia a aolid
waata. Sea applicable regulationa,
below.
7. la tha aatarial placed on the ground or used in a product that ia
placed on the ground?
J 1 yea ( J no
If yea, qo on to question (7a).
If no, go on to queatlon (I).
7a. Ia tha aatarial a coaaercial cheaical product that
exhibita a hasardoua waata characterletic or la lleted
in 40 CFR 261.33 that la produced for application to
tha land?
I ] yaa I 1 no
If yaa, tha aatarial la not a aolid waata.
If no, tha activity reaulta In uaa conatltu-
tina disposal and tha aatarial la a
aolid waata. Saa applicable regula-
tiona, below.
8. Ia the aatarial uaad aa a fuel or uaad to produce a fuel?
[ ] yea M no
If yaa, qo on to queatlon (6a).
If no, go on to question (9).
-------
8a. Is tha Material a commercial ehaalcal product that
exhlbita a hazardoua waste characteristic or ia listed
in 40 CFR 261.3J and that la produced to be burned as
fuel?
( ) yea [ 1 no
It yea, tha Material la not a solid waste.
If no, tha activity raaulta in burning for
energy recovery, and the Material is a
solid waste. See applicable regula-
tions, below.
Is the aatarlal uaad or reused
[ | as an ingredient in an industrial process to mak»-
a new product without intermediate reclamation
(regeneration or recovery of Materials),
( ) as an effective aubatituta for coaaerclal products
in a particular function or application, or
( ) as • aubatituta for raw Material feedstock in the
primary production process froM which it was
generated, without being first reclaiMed (a
closed-loop procese)?
If any of the above apply, the activity ia uae or
reuse, and the Material la not a solid waste.
If none of the above apply, go on to guestlon (10).
Is the Material regenerated or are Matariale with value
recovered froM the original material?
( 1 yea J J no
If yaa, tha activity la reclamation. Go on to question
(10a).
If no, pleaaa review the definitions of activitlea in
thla manual and reconsider your answers, or
call the RCRA Hotline for aaelstance.
10a. Is the material
I ) a hazardous waate Hated under 40 CFR
261.31 or 261.32 (thla provision
excludea commercial chemical products,
which are listed under 40 CFR 261.33),
( ) a spent material exhibiting one of the
characteriatlcs of a hazardoua waste
given in 40 CPR 261.20-.24, or
( ) a acrap metal?
If any of the above apply, tha material is
a solid waste. See applicable regula-
tions, below.
If none of the above apply, go on to question
(10b).
10b. is the material
( ) either a eludge or a by-product that
exhibits one of the characterlatlca 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 hazardoua waste charactariatlc or
ia liatad under 40 CPR 261.33?
If any of tha above apply, the material la
not a solid waate.
If none of the above apply, pleaaa review
the deflnitiona of activitlea in thla
Manual and reconsider your anawera, or
call the RCRA Hotline for aaalstance.
Applicable Regulatlonat
1. Ia the waate exempt from regulation (aee the llat in Exhibit 6)?
( 1 yea I J no
If yea, tha material la not regulated.
If no, the material ia regulated. See item (2), below.
Discussion:
The copper is a product of tha reclamation of a charactariatlc
apant material. Such products are not aolid waatea themselves unless
they exhibit a hazardoua waata charactariatlc and (a) are placed on
the ground in a Manner conatltuting disposal, (b) are burned as a
fuel, or (c) Must be further reclaiMed before they can ba reused. In
thla case, tha copper ia reuaed in the production of brass. Therefore
it la not a aolid waata and la not subject te RCRA Subtitle c
regulation.
See Alsot
Reclamation - Spent Material 11
-------
OTHER - NOD-SECONDARY MATERIAL 7
baacrlpi. !<¦¦> ct Activity I
An »old etching aolution (a apant aatarial exhibiting the
characterIstio of corroalvlty) ia reolaiaed (or Ita tine contant. The
zinc, uhlch doaa not axhlblt any hasardoua waaia charactarlatlca, la'
than uat-.d aa an Ingredient In paint aanufacture.
Nh.>t la tha atatua of tha sine?
Quaatlona:
1. Ia tha aatarial that ia racyolad • aecondary aatarial?
t 1 yaa t*l no
If yes, go on to quaatlon (J).
If no, tha aatarial ia not a aolid waata.
2. Is iha aatarial hacardoua? (A aatarial 1a hasardoua if it ia
llMtid undar 40 CFR 261.30-.33 or axhibita ona of tha
ch.u.ctcrlstlce of a hasardoua waata given in 40 CPR 261.20-.24,
and ia not apaoifically excluded froa tha dafinition of hazardous
wantc under 40 CFR 261.4(b).)
>S> I 1 yaa t J no I
If yaa, 90 on to quaatlon (1).
q If no, tha aatarial la not a aolid waste.
1. Is tha aatarial apaoifically axcludad froa tha dafinition of
aolid waata undar 40 CPR 261.4(a) (aaa tha liat in Exhibit 5)?
( | yaa ( ) no
If yaa, tha aatarial la not a aolid waata.
It no, 90 on to quaatlon (4).
I
4. Ib tha aatarial inherently waata-like (aaa tha liat in Exhibit 4j?
t i yaa C 1 "o
If yea, tha a^'.arial ia a aolid waata. See applicable
regulations, below.
If no, 90 on to quaatlon (9)•
5. Dors tha activity aarva a beneficial use?
( ) yea ( ) no
I
If yea, 90 on to quaatlon (6). '
If no, tha activity la not recycling, and tha aatarial
la a aolid waata. See applicable regulationa,
below.
6. Ia there a feaaible aaana tor recycling the waata?
I ) y«« | ) no ..
If yaa, 90 on to quaatlon (6a).
If no, 90 on to quaatlon (6b).
6a. Ia at laaat 75 percent of the aatarial recycled within
one calendar year?
t ) yaa ( ) no
If yea, 90 on to quaatlon (7).
If .no, 90 on to quaatlon (6b).
6b. Ia the aatarial a coaaarclal cheaical product that
.exhibits a hasardoua waata characterlatio or ia listed
aa a hasardoua waata in 40 CPR 261.33?
I ) y« t 1 no
If yaa, 90 on to quaatlon (7).
If no, tha practice ia apeculative aocuaula-
tlon, and tha aatarial la a solid
waata. 8ae applicable regulationa,
below.
7. Ia tha aatarial placed on the ground or uaad in a product that ia
placed on the ground?
( ) y«a I ] no
If yea, go on to question (7a).
If no, go on to quaatlon (I).
7a. Ia tha aatarial a coaaarclal cheaical product that
axhibita a hasardoua waata charactariatlc or la lletad
in 40 CPR 261.33 that la produced for application to
tha land?
I J yaa ( ) no
If yea, tha aateriel la not a aolid waata.
If no, tha activity reaulta in uaa constitu-
ting diapoaal and the aatarial la a
aolid waata. See applicable regula-
tiona, below.
8. Ia the aaterlal uaed aa a fuel or uaad to produce a fuel?
I J yaa ( ) no
If yea, 90 on to question (8a).
If no, 90 on to question (9).
-------
a*. Is the material a commercial chemical product that
exhibits a hazardoua waata charactarlstlc or la llstad
in 40 era 261.33 and that la producad to b« burned aa
fuel?
[ ) yaa I ) no
If yaa, tha Material la not a aolld waata.
If no, tha activity raaulta In burning (or
energy recovery, and tha material la a
aolld waata. Sea applicable regula-
tions, below.
Is the aatarlal uaad or rauaad
( ) aa an ingredient In an induatrlal procaaa to maK«
a new product without intermediate reclamation
(regeneration or recovery of materials),
( ) aa an effective aubatltuta (or commercial producta
in a particular (unction or application, or
( ) aa a aubstltuta (or raw material feedstock In tha
primary production process (rom which it was
generated, without being (lrat reclaimed (a
cloaad-loop procaaa)?
If any o( tha abova apply, tha activity la use or
rauaa, and tha material la not a solid waata.
If none of tha abova apply, 90 on to queatlon (10).
Ia tha material regenerated or ara materlala with value
recovered (rom tha original material?
( ] yaa ( 1 no
If yea, tha activity la reclamation. Go on to question
|10a).
If no, pleaae ravlaw the daflnitlona of actlvltiaa In
this manual and reconsider your anawara, or
call the RCRA Hotline (or aaalatanca.
10a. Is tha material
( J a hatardoua waata llstad under 40 cm
261.11 or 261.32 (thla provlalon
excludee commercial chemical products,
which ara Hated under 40 CFR 261.33),
I ) a apent material exhibiting ona of tha
characterlatlca of a hazardous waste
given in 40 CFR 261.20-.24, or
( ] a scrap metal?
If any of the abova apply, the material Is
a aolld waste. Sae applicable regula-
tlona, below.
If none of the above epply, go on to question
(10b).
10b. Is tha material
( ] either a aludge or a by-product that
exhlblte ona o( tha characterlatlca o( a
hatardoua waata given In 40 CFR 261.20-
.24, end that la not listed under 40 CFR
261.31-.32, or
[ ) a commercial chemical product that exhl-
blte a haxardoue waata characterlatlc or
Is listed under 40 CFR 261.33?
It any o( tha abova apply, tha material la
not a aolld waata.
It nona of the above apply, plaaaa review
the deflnltlona of actlvltiaa in thla
manual and reconeldar your anawara, or
call tha RCRA Hotline for aaslstanca.
Applicable Requlationai
1. Ia the waata exempt from regulation (aee the llat In Exhibit 6)?
I 1 I ) no
If yea, tha aatarlal la not regulated.
It no, the material la regulated. Sae Item (2), below.
Placusslont
Tha sine la a product o( tha reclamation of a characterlatlc
spent material. Such products ara not aolld waatea theaeelvea unless
they exhibit a haxardoue waste characteristic and (a) ara placed on
the ground In a manner conetltutlng dlapoeal, (b) ara burned aa a
fuel, or (c) muet be further reclaimed before they can be reuaed. In
this case, the alnc doaa not exhibit a haxardoue waate characterlatlc
and la directly uaad aa an Ingredient In paint. .Therefore, It la not
a aolld wasts and Is not subject to RCRA subtitle C regulation.
See Also: Use Constituting Disposal - Spent Material 1
Reclamation - Spent Material 13
Other - Non-Hazardoue Secondary Material 3
Other - Non-Hazardoue Secondary Material 4
-------
OTHER - NON-SECONDARY MATERIAL a
Description ot Activity!
A >i>ent cyanide plating bath aolutlon froa electroplating
operations (a apent Material llated undar EPA Hatardoua Naata No.
F007) ijoob through an avaporatlon procaaa to aeparata lta liquid and
solid constituanta. The liquids ara purified In activated carbon
bada, yielding water, which la recycled to the rinsing operations. The
solids am directly reuaed In the plating operation.
Nh.>t la tha status of the solids that ara recycled to the plating
operation?
Questions;
1. Iii the material that la recycled a secondary Mtarlal?
C I [XJ no
If yea, go on to question (2).
if no, tha Material la not a aolld waata.
2. Is tha aaterlal hatardoua? (A Material la hazardous If It Is
listed undar 40 CFR 261.30-.33 or axhlblta ona of tha
characterlstica of a hatardoua waata given in 40 CFR 261.20-.24,
and la not apeclflcally excluded froa the definition of hatardoua
waste under 40 CTO 261.4(b).)
t 1 yea | ) no
If yea, go on to question (3).
If no, tha Material la not a solid waata.
3. Is tha Material apeclflcally excluded froa tha definition of
solid waste undar 40 CFR 261.4(a) (aae tha llet in Exhibit 5)?
( 1 yea ( 1 no
If yaa, the Material is not a aolld waste.
If no, go on to queatlon (4).
4. Iu the Material Inherently vasta-llka (aea the liat In Exhibit 4)?
I ) yea ( ) no
If yea, the Material la a aolld waata. See applicable
regulationa, below.
If no, go on to queatlon (9).
5. Does tha activity aerve a beneficial uaa?
C J yes ( ) no
If yea, go on to queatlon (6).
If no, tha activity la not recycling, and the Material
la a aolld waata. See applicable regulations,
below.
6. is there a feasible aaana for recycling tha waata?
I J I ) no
If yaa, go on to queatlon (6a).
If no, go on to queatlon (6b).
6a. Ia at laaat 75 percent ot the Material recycled within
one calendar year?
( 1 t 1 no
If yes, go on to question (7).
If no, go on to question (6b).
6b. Is the Material a coaaerclal chaalcal product that
axhlblta a hatardoua waata characteristic or la Hated
as a hatardoua waata in 40 crR 261.33?
( 1 y« ( 1 no
If yee, go on to queatlon (7).
If no, tha practice ia apeculative accuaula-
tion, and tha Material la a aolld
waata. Sae applicable regulations,
below.
7. Ia tha Material placed on the qround or uaad In a product that la
placed on the ground?
( J *•¦ C ) no
If yes, go on to queatlon (7a).
If no, go on to queatlon (•).
7a. Ia the aaterlal a coaaercial chaMlcal produot that
exhibits a hatardoua waate characterlatlc or la liated
in 40 CPR 261.33 that la produced for application to
tha land?
I '1 y«» I I no
If yaa, tha Material ia not a aolld waata.
If no, the activity raaulta In uaa constitu-
ting disposal and tha Material la a
aolld waata. Sae applicable regula-
tiona, below.
I. Ia tha Material uaed as a fuel or uaad to produce a fuel?
t J yea ( ) no
If yaa, go on to queatlon (Sa).
If no, go on to question (9).
-------
•a. is tha satarlal a coaaarclal chaalcal product that
exhibits a hazardous wasta charactarlstlo or is liatad
In 40 CPR 261.33 and that is producad to ba burnad aa
fuel?
[ J yas J J no
If yaa, tha aatarial ia not a aolid wast*.
If no, tha activity rasults in burning for
energy recovery, and tha aatarial is a
solid waata. Saa applicable regula-
tiona, balow.
Is tha satarlal uaad or rausad
I ) as an Ingredient In an lnduatrial procaas to aake
a new product without intermediate reelaaation
(regeneration or racovary of aatarials),
( ) as an affactlva subatituta for coaaarclal producta
In a particular function or application, or
( ) as • subatituta for raw satarlal feedstock in tha
prlaary production procass froa which it waa
generated, without baing first reclaiaed (a
closad-loop process)?
If any of tha abova apply, tha activity is usa or
rausa, and tha aatarial la not a solid wasta.
If itona of tha abova apply, go on to quaation (10).
Ia tha aatarial raganaratad or ara aatariala with valua racovarad
froa tha original aatarial?
I J yaa ( ) no
If yas, tha activity is raolaaation. do on to quaation
(10a).
If no, plaaaa ravlaw tha definitions of activitlaa in
thia aanual and raconaldar your anawara, or
call tha RCRA Hot Una for assistance.
10j. ia tha aatarial
{ ) a hazardous waata liatad undar 40 era
261.31 or 261.32 (thia provlaion
axcludea coaaarclal chaalcal products,
which ara listad undar 40 CPR 261.33),
( ) a apant aatarial exhibiting ona of tha
charactariatlca of a hazardous waata
givan in 40 CPR 261.20-.24, or
( ] a scrap aatal?
If any of tha abova apply, tha aatarial ia
a aolid waata. Saa applicable ragula-
tlona, below.
If none of the abova apply, go on to question
(10b).
lob. Is ths aatarial
( ) either a aludga or a by-product that
exhiblta one of the ctiaractarlatlca of a
hazardous waata given in 40 CFR 261.20-
.24, and that ia not Hated undar 40 CFR
261.31-.32, or
( ] a coaaarclal chaalcal product that exhi-
blta a hazardous waste charactariatic or
ia llated under 40 CFR 261.33?
If any of the abova apply, tha aatarial is
not a aolid wasta.
If none of the abova apply, plaaaa review
the definitions of activities in this
aanual and raconaldar your answara, or
call tha RCRA Hotline for aaaiatance.
Applicable Regulations!
1. Is the waata exeapt froa regulation (aae the list in Exhibit 6)?
J ) yss ( ] no
If yes, the aatarial Is not regulated.
If no, the aatarial la regulated. See itea (2), below.
Discussion:
The solids ara a product of tha raolaaation of a listad
hazardous waata. Such producta ara not aolid waataa thaaselves unless
they (a) are placed on the ground in a Banner constituting disposal,
(b) are burned as a fuel, or (c) auat ba further reclaiaed before they
can be reused. In this case, tha Bolide are reused in the plating
operations. Therefore, they are not a solid waste and are not subject
to Subtitle C regulation.
See Also: Reclamation - Spent Material 19
Reclamation - Spent Material 20
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OTHER - M0M-8EC0MDARV MATERIA!. 9
Description ot Activity!
8|irikt cliroalc acid froa Mtil finishing plating baths (a spent
aaterial listed under EPA Haiardous Masts Ho. F007) la neutralized and
goes through an ion exchange process that reaoveu the chroalua. The
acid la regenerated and returned to the aetal finishing plating bath.
Tha ion exchange resin (a listed sludge — the residue derived froa
the trc.itnunt of a listed waste) is treated with sodiua hydroxide
solution to reaove any iapurltles. Tha resin is then returned to the
ion exchange coluan.
What la the status of tha regenerated acid that is returned to
tl.e aetal finishing plating bath?
Questions:
1. Is ihu aaterial that la recycled a secondary aaterial?
( 1 yea (XI no
If yee, go on to question (2).
If no, the aatarlal Is not a solid waste.
2. Is the aaterial haiardous? (A aaterial la hazardous If it is
ll.-.i.ed under 40 CFR 261.30-. 33 or exhibits one of the
characteristics of a hasardous waste given in 40 CFR 261.20-.24,
and la not specifically excluded froa the definition of hazardous
waste under 40 CFR 261.4(b).)
( J yea t 1 no
If yea, go on to question (3). |
If no, the aaterial la not a aolid waste.
l. is the aaterial specifically excluded froa tha definition of;
solid waste under 40 CFR 261.4(a) (see the list in Exhibit 5)?
( ) yes ( ) no
If yes, the aaterial la not a solid waste.
If no, go on to question (4).
4. Is the aaterial inherently waste-like (see the list in Exhibit 4)?
( ) yes { ) no
If yes, the aaterial is a solid waste. See applicable
regulations, below.
If no, go on to question (5).
5. Docs the activity serve a beneficial use?
I ) yes ( ) no
If yes, go on to question (6).
If no, the activity ie not recycling, and the aatirial
Is a solid waste. See applicable regulations,
below.
6. is there a feasible aeans for recycling the wasts?
( ) yes ( ) no
If yes, go on to question (6a).
If no, go on to question (6b).
6a. Is at least 75 percent of the aaterial recycled within
one calendar year?
I ] yes I ) no
If yes, qo on to question (7).
If no, go on to question (6b).
6b. is ths aaterial a coaaarclal chealcal product that
¦ exhibits a hazardous waste characteristio or is listed
as a hazardous waste in 40 CFR 261.33?
I 1 yes f ) no
If yes, go on to question (7).
If no, the practice Is speculative accuaula-
tion, and the aaterial is a solid
waste. See applicable regulations,
below.
7. Is the aaterial placed on the ground or used In a product that Is
placed on the ground?
( 1 yes ( J no
If yes, go on to question (7a).
If no, go on to question (I).
7a. Is the aaterial a coaaarclal chealcal product that
exhibits a hazardous waste characteristic or Is listed
in 40 CFR 261.33 that is produced for application to
tha land?
( J yes ( J no
If yes, ths aaterial Is not a solid waste.
If no, the activity reaults in use constitu-
ting disposal and the aaterial is a
aolid waste. See applicable regula-
tions, below.
8. Is the aaterial used aa a fuel or used to produce a fuel?
( 1 yes ( ] no
If yes, go on to question (8a).
If no, go on to question (9).
-------
8A. Ia the material a commercial chaaical product that
exhibits a hazardous wast* charactaristlc or Is listad
in 40 era 2(1.33 and that is produced to be burned as
fuel?
I J y*« [ J no
If yes, ths Material ia 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.
Is the Material used or reused
( ) as an ingredient in an induatrial process to Make"'
a new product without intermediate reclamation
(regeneration or recovery of •atarials),
( ) 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 proceas 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 aolld 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?
J 1 yes t J no
If yes, the activity is reclanation. oo on to question
(10a).
If no, please review the definitions of activities in
this Manual and reconsider your answers, or
call the RCRA Hotline for assistance.
loa. Ia the Material
( ) a haiardous waata 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 haiardoua waste
given in 40 CFR 2C1.20-.24, or
( ) a scrap Metal?
If any of tha above apply, the Material is
a aolid waste. See applicable regula-
tions, below.
If none of the above apply, go on to question
(10b).
10b. Is tha Material
[ ) either a aludge 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
[ ] a coMMarclal chemical product that ex-
hibits s hazardous waste characteristic
or ia liatad under 40 CFR 261.33?
If any of tha above apply, tha Material is
not a aolld waata.
If none of the above apply, pleaae review
the definitions of actlvitiea in this
Manual and reconsider your answers, or
call tha RCRA Hotline for assistance.
Applicable Regulations!
1. Is tha waste exempt from regulation (see the list in Exhibit 6)?
( J yes . C 1 no
If yes, the Material Is not regulated.
If no, the Material is regulated. See item (2), below.
Discussion:
The add la tha product of the reclamation of a llated apent
Material. Such products sra not theaselves solid waates unlaaa they
(a) are burned as a fuel, (b) are placed on the land In a Manner
constituting disposal, or (c) require further proceaaing to complete
tha reclamation process. In this cass, the acid la reuaad In metal
plating without further reclamation. Thus, it Is not a aolld waste
and is not subject to RCRA Subtitle C regulation.
See Alaot Reclamation - Spent Material 4
ReclaMation - Sludga 3
other - Non-Secondary Material 12
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OTHER - NON-SECONDARY MATERIAL 10
Deaurlptlc.n ot Activity I
A waito atreaa containing hexachlorobenxena and
hexachlorobutadlene fro* tha Manufacture of chloroaethanea (by-
product* exhibiting tha charactarlatlo of ignitablllty) la dlatlllad.
The diet 11 lata, which la alao lgnltable, la chlorlnatad In a nickel
tubn to produce carbon tetrachloride. Ttia carbon tetrachloride la
then aarkoted.
What- la tho atatua of tha dlatlllate?
QueatIons:
1. la tlie aatarlal that la recycled a aecondary aatarlal?
I I y»» 1*1 no
It yea, go on to question (2).
If no, tha Material ia not a aolld waste.
2. Ia the material haxardoua? (A aatarlal la haxardoua If It la
llatcid under 40 CPR 2S1.30-.13 or exhibita one ot the
characterlatlca of a haxardoua waata given In 40 CPR 261.20-.24,
and la not apeclflcally excluded froa the definition of haxardoua
waate under 40 CfR 261.4(b).)
J 1 yea [ ] no
If yea, go on to quaatlon (3).
If no, tha aatarlal la not a aolld waata.
3. Ia the aatarlal apeclflcally excluded froa tha definition of
aolld waata under 40 CFR 261.4(a) (aee the llat In Exhibit 5)?
( ) yea ( ) no
If yea, tha aatarlal la not a aolld waate.
If no, go on to queatlon (4).
4. Ia the aatarlal Inherently waate-llka (aae the llat In Exhibit 4)?
( ) yea J J no
If yea, tha aatarlal la a aolld waata. See applicable
regulatlona, below.
If no, go on to queatlon (5).
9. Does the activity eerve a beneficial use?
I ) yea ( ) no
If yea, go on to queatlon (6).
If no, tha activity ia not recycling, and the aatarlal
ia a aolld waata. See applicable regulatlona,
below.
6. Ia there a faaaible aeana for recycling the waate?
( 1 ( I no '
If yea, go on to queatlon (6a).
If no, go on to queatlon (6b).
6a. Ia at laaat 79 percent of the aatarlal recycled within
one calendar year?
( 1 yaa [ ) no
If yaa, go on to queatlon (7).
If no, go on to queatlon (6b).
6b. Ia the aatarlal a coaaerclal chealcal product that
'exhibita a haxardoua waata charactarlatlo or la llatad
aa a haxardoua waata In 40 CPR 261.31?
( ) yaa () no
If yea, go on to queatlon (7).
If no, tha practice ia apaculatlva accumula-
tion, and the aatarlal la a aolld
waata. See applicable regulatlona,
below.
7. la tha aatarlal placed on the ground or uaed in a product that la
placed on tha ground?
I 1 y«" I 1 no
If yaa, go on to quaatlon (7a).
If no, go on to queatlon (•).
7a. Ia tha aatarlal a coaaerclal chealcal produot that
exhibita a haxardoua waate characteriatlc or ia llated
in 40 CPR 261.11 that ia produced for application to
tha land?
( ] yaa ( ] no
If yaa, the aaterlol la not a aolld waata.
If no, tha activity raaulta In uae constitu-
ting dlapoaal and tha aatarlal ia a
aolld waste. See applicable regula-
tlona, below.
I. Ia tha aatarlal uaed aa a fuel or uaad to produce a fuel?
t 1 yea ( 1 no
If yea, go on to queatlon (8a).
If no, go on to question (9).
-------
6a. Is the material a commercial chemical product that
exhibits a hazardous vasta characteristic or Is listed
In 40 CFR 261.31 and that Is produced to be burned as
fuelT
I J yas J 1 no .
If yas, tha material Is not a aolld waste.
If no, tha activity results in burning for
energy recovery, and the material is a
solid waste. See applicable regula-
tions, below.
Ia 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),
( J 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
cloeed-loop process)?
If any of tha above apply, the activity is use or
reuse, and tha material is not a aolid waste.
If none of tha above apply, go on to question (10).
Is the material regenerated or are materials with value recovered
from the original material?
I ) yas J ) no
If yes, tha activity is reclamation. Go on to question
(loa).
If no, pleas* review the definitions of ectivltles in
this manual and reconsider your answara, or
call the RCRA Hotline for assistance.
Ida. Is the material
( ) a hazardous waata Hated under 40 CFR
261.11 or 361.12 (this provision
excludes commercial chemical products,
which are liatad under 40 cm 261.11),
[ ) 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 tha above apply, the material is a
solid waste. See applicable regula-
tiona, balow.
If none of the above apply, go on to question
(10b).
10b. Ia the material
( ) either a sludge or a by-product that
exhlblte one of the cheractaristlcs of a
hazardous wasts given in 40 CPR 261.20-
.24, and that is not listed under 40 CPR
261.11-.12, or
( ) a commercial chemical product that exhi-
bits a hazardous waata charecterlstlc or
is listed under 40 CFR 261.11?
If any of the above apply, the material is
not a solid waste.
If none of the above apply, plaaae review
the definitions of activities in this
manual and reconsider your anawers, or
call the RCRA Hotline for aaslstaiice.
Applicable Regulatlonei
1. Is the waste exempt from regulation (aae the llat in Exhibit 6)?
[ ] yes ( ) no
If yes, the material is not regulated.
If no, the material is regulated. See item (2), below.
Dlacuaslont
Tha distillate is a product of tha reclamation of a
characterlatic by-product. Such products ara not aolld wastes
themselves unices they exhibit a hazardoua waata characterlatic and
(a) are placed on the ground in e manner conatitutlng disposal or (b)
are burned as a fuel. In this case, the distillate is directly used
as an ingredient in the production of carbon tetrachloride.
Therefore, it is not a solid'waste and ia not'subject to RCRA Subtitle
C regulation.
See Also:
Reclamation - By-Product S
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OTHER
- NON-SECONDARY MATERIAL 11
Description at Actlvltyt
Ubo.I tiethyl ethyl ketone froa coated fabric production (a
aatarlal liote.l under EPA Hasardoua Maata No. F005 when spent) la uaed
to waah enulpwent In the aynthatio rubber induatry.
What lo the status of tha uaed aethyl ethyl ketone?
Questions:
1. Ia the aatarlal that is raoycled a secondary aaterial?
( 1 y«« 1*1 no
It yes, 90 on to question (2).
If no, tha aatarlal is not a solid waata.
2. Ia the aatarlal hasardous? (A aatarlal Is hazardous if it is
list01) under 40 CFR 261.30-.33 or exhibits one of the
characteristics of 1 hasardous vasts given in 40 CFR
261.20-.24, and is not apacifically excluded froa the
definition of haiardous waste under 40 CFR 261.4(b).)
( J yea { ) no
If yes, 90 on to question (3).
If no, tha aatarlal is not • solid waata.
3. Is the aatarlal specifically excluded froa the definition of
solid waata under 40 CFR 261.4(a) (aae the liat in Exhibit
5)?
( ] yes I J no
If yes, tha aatarlal is not • solid waste.
If no, 90 on to queation (4).
4. ts the aatarlal inherently waata-llke (aea tha liat in
Exhibit 4)7
| ) yes ( ) no
if yes, the aaterlal is a solid waste. See applicable
regulations, below.
1f no, go on to queation (S).
5. Doch tha activity aarve a beneficial uee?
( ) yes ( J no
If yes, 90 on to question"(6).
If no, ths activity Is not recycling, and the aaterial
ia a solid waata. See applicable regulations,
below.
Ia there a faealbla aeana for recycling the waste?
I J y«" t J no •
It yes, go on to question (6a).
If no, 90 on to queation (6b).
6a. Ia at laaat 75 percent of tha aatarial recycled within
one calendar year?
I 1 yea ( ) no
It yaa, 90 on to question (7).
If no, 90 on to question (6b).
6b. Is the aatarlal a coaaerclal chealcal product that
. exhibits a hasardoua waata characteristic or is listed
as a hasardoua waata in 40 CFR 261.33?
J ) yea J J no
If yes, 90 on to queation (7).
If no, tha practice is speculative accumula-
tion, and the aatarial is a solid
waata. See applicable regulations,
below.
Ia tha aatarlal placed on the ground or uaed In a product
that ia placed on the ground?
( ) yes ( J no
If yas, 90 on to queation (7a).
If no, 90 on to queation (6).
7a. Ia tha aaterial a coaaaroial chealcal product that
axhlblta a hazardous wasts charactariatlc or ia Hated
in 40 CFR 261.33 that ia produced for application to
the land?
( ) yaa J J no
If yaa, tha aaterial ia not a solid waata.
If no, tha activity raaulta in uaa constitu-
ting dlapoaal and tha aatarial la a
solid waata. See applicable regula-
tions, below.
Ia tha aatarlal uaed aa a fuel or uaed to produce a fuel?
{ ) yea ( ) no
If yas, go on to question (8a).
If no, go on to queation (9).
-------
•a. la the Material a coaaerclal chemical product that
•xhlblta a haaardoua waata characteristic or ia Xiatad
In 40 CFR 261.31 and that la produced to ba burned aa
fuel?
{ 1 yea J J no
If yaa, tha aatarlai la not a aolld waata.
If no, tha activity raaulta In burning for
energy recovery, and tha aatarlai la
a eolid waata. See applicable regu-
lation* , below.
Ia tha aatarlai uaad or rauaad
( ] aa an ingredient In an lnduatrlal proceaa to aake''
a new product without intermediate reclamation
(raganaratlon or recovery of aateriala),
( ) aa an affactlva aubatltuta for commercial producta
In a particular function or application, or
( J aa a aubatltuta for raw Material faedatock In tha
primary production proceaa froa which It waa
generated, without being flrat raclalaad (a
cloaed-loop proceaa)?
If any of tha abova apply, tha activity ia uae or
rauaa, and tha Material ia not a aolld waata.
If none of tha abova apply, go on to queation (10).
Is tha aatarlai regenerated or ara aateriala with value
recovered froa tha original aatarlai?
J ) yaa J J no
If yea, tha activity ia reclamation, so on to queation
(10a).
If no, plaaaa ravlaw tha daflnltlona of actlvitiaa in
thla aanual and raconaldar your anawara, or
call the RCRA Hotline for aaaiatanca.
10a. Ia tha aatarlai
( ) a haiardoua waata liatad under 40 CFR
261.31 or .261.32 (thla proviaion
axcludea coaaerclal cheaical producta,
which ara liatad under 40 cm 261.33),
( ] a apent material exhibiting one of tha
characteriatica of a hazardoua waata
given in 40 CFR 261.20-.24, or
( ] a scrap aetal?
If any of the abova apply, tha aatarlai ia a
aolld waste. 8ee applicable regula-
tiona, below.
If none of the above apply, go on to question
(10b).
10b. Ia tha aatarlai
( ] either a aludga or a by-product that
axhlblta one of tha characteriatica of a
haaardoua waata given in 40 CPR 261.20-
.24, and that ia not listed under 40 CPR
261.31-.32, or
( ] a coaaerclal chaalcal product that axhl-
blta a haiardoua waata characterletic or
ia liatad under 40 CFR 261.33?
If any of the abova apply, tha aatarlai la
not a aolld waata.
If none of the abova apply, plaaaa review tha
daflnltlona of actlvitiaa in thla aanual
and raconaldar your anawera, or call tha
RCRA Hotline for aaaiatanca.
Applicable Requlatlonai
1. Ia the waata axeapt froa regulation (aee tha liat in
Exhibit 6)?
I ] yaa J J no
If yaa, tha aatarlai la not regulated.
If no, the aatarlai la regulated. See itea (2), below.
Discussion:
Solvents auch aa Methyl athyl ketone ara coaaonly produced and
uaad aa cleaning agenta. Aa long aa tha aathyl ethyl ketone (In thla
case) la uaed aa a claaner/degreaaer, It ia serving a purpoae for
which it originally waa Manufactured! alnce it la not "apent". It ia
not a secondary Material. Materials that ara not secondary aateriala
ara not solid waates and are not aubject, to RCRA Subtitle C
regulation.
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OTHER - HOH-SECONDARV MATERIAL 12
Description of Activityi
S|>n.t chioilo acid from metal finishing plttlna baths (a spent
material 1 luted under EPA Hazardous Hast* Ho. FOOT) is neutralized and
goee tlii.Miqh an ion exchange process that removes the chroalua. The
acid is (^generated and returned to the Mtal fin letting plating bath.
The ion exchange resin (a listed sludge — the residue derived from a
treatment of a listed waste) is regenerated with sodium hydroxide
solution and then neutralised and treated, and returned to the ion
exchange column.
What is the statue of the resin that is returned to the ion
exchange column?
Questions:
1. Is tlie Material that is recycled a secondary material?
I ) yas [X] no
If yes, go on to question (2).
If no, the Material is not a solid waste.
2. Is ihu Material hazardous? (A material is hazardous if it is
listed under 40 CFR 261.30-.33 or exhibits one of the
characteriatlcs of a hazardous waste given in 40 CFR 261.20-.24,
and is not specifically excluded froa the definition of hazardous
waste under 40 CFR 261.4(b).)
I ) yae ( ] no
If yes, go on to question (3).
If no, the material is not a solid waste.
3. Is the material specifically excluded froa the definition of
solid waste under 40 CFR 261.4(a) (see the list In Exhibit 5)?
I ) Vas ( ) no
If yes, the material is not a solid waate.
If no, go on to question (4).
4. Is tlie material inherently waste-like (see the list in Exhibit 4)?
I 1 yes ( ) 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?
I ) y«s [ J 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. Is there a feasible means for recycling the waste?
( 1 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?
( ) yea ( 1 no
If yes, go on to qusstion'(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?
[ ) yes 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.
7. Is the material placed on the ground or used In a product that is
placed on the ground?
I 1 yas J 1 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 hazardous waste characteristic or ia listed
in 40 CFR 261.33 that is produced for application to
the land?
t 1 yas ( 1 no
If yes, the material is not a solid wasts.
If no, the activity reaulte In uaa constitu-
ting disposal and the material la a
solid waste. See applicable regula-
tions, below.
8. Is the material used as a fuel or used to produce a fuel?
( ) yes ( ] no
If yes, gd on to question (8a).
If no, go on to question (9).
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•a. la the material a commercial chemical product that
•xhlbita • hatardous vutt characteristic or la Hated
In 40 CPU 361.13 and that la produced to ba burned aa
fuel? .
t ) C 1 no
If yaa( the aatarlal la not a aolld waste.
Xf no, the activity reaulta In burning (or
energy recovery, and the utirlal la a
aolld waate. See applicable regula-
tlona, below. I
Is the Material used or reused
( ) as an Ingredient in an lnduetrlal proceea to sake - i
a new product without Intermediate reclamation
(regeneration or recovery of materials),
( ) as an effective aubatltuta for commercial product*
In a particular function or application, or
(] aa a aubatltuta for raw aatarlal feedstock In the
primary production procaas froa which It was
generated, without being first reclaimed (a
cloaed-loop proceaa)?
If any of the above apply, the activity la- uae or '
reuee, and tha aatarlal la not a aolld waata. I
It none of the above apply, go on to quaatlon (10).
Is the aatarlal regenerated or are aaterlala with value recovered
froa the original aatarlal?
I J yes ( | no
If yes, tha activity Is reclamation. Go on to quaatlon
(10a).
If no, pleaae review the deflnltlona of actlvltlea In
thla manual and reconalder your anawara, or
call tha RCRA Hotline for aealatance.
loa. Is the aaterlal
( ) a hasardous waate lleted under 40 CFR
261.31 or 261.32 (thla provision
excludes coaaerolal chemical products,
which are Hated under 40 CFR 261.33),
( ) a apent aaterlal exhibiting one of the
characterlatlca of a hazardoua waste
given In 40 CFR 261.20-.24, or
( 1 a acrap metal?
If any of tha above apply, the aaterlal la a aolld
waate. See applicable regulations, below.
If none of the above apply, go on to question
(10b).
10b. la the aatarlal
I ] either a aludg*' or a by-product that
exhlblte one of the characterlatlca of a
hazardoua waate given In 40 cm 261.20-
.24, and that Is not listed under 40 CPU
261.31-.32, or
( J a eoamarclal chaalcal product that ex-
hibits a hazardoua waate characteristic
or Is listed under 40 CFR 261.33?
If any of the above apply, the aatarlal la
not a solid waata.
If none of the above apply, pleaae ravlew
the deflnltlona of actlvltlea In this
aanual and reconalder your anawara, or
call the RCRA Hotline for aaalatance.
Applicable Requlatlona:
1. Ia the waste exeapt froa reguletlon (aee the llat In Exhibit 6)?
I I yea ( ) no
If yee, the aaterlal la not regulated.
If no, the aatarlal la regulated. See ltea (2), below.
Discussion:
Tha regenerated reeln Is the product of the reclaaatlon of a
listed sludge. Such products are not theaaelvea aolld waatee unless
they (a) are burned ea a fuel, (b) are placed on the land In a manner
constituting dlapoeal, or (c) require further proceeelng to complete
the reclaaatlon procaaa. In thla caaa, the realn la reused In the Ion
exchange coluan without further reclaaatlon. Thua, It la not a solid
waste and Is not subject to RCRA Subtitle C regulation.
See Also: Reclamation - Spent Material 4
Reclamation - Sludge 3
Other Non-Secondary Materiel 9
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OTHER - NON-SECOHDARY MATERIAL 11
De.icrlpt Ion of Activityi
A«t>; |.li.job polypropylene residues (by-products exhibiting the
Ch irac •. i Istlc of lgnltablllty) 90 through a processor that extracts
re3idu.1l eulventa for reuse aa degreasers. The polymeric raaiduea,
which do not exhibit any hazardous characteristic*, are blended with
asphalt 1.: BAterlala to Make (a mora crack-resistant) asphalt for sale.
Tho aaph.iit also does not exhibit any hazardous waste characteristics.
What is the status of the extracted residual solvents?
5J*iostlon:i:
1. Is the material that Is recycled a secondary material?
I J y«» |XJ 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 CFR 261.30-.31 or exhibits ons of the
cho1acteristics of a hazardous waste given in 40 CFR
2Cl.20-.24, and is not specifically excluded from the
definition of hazardous waste under 40 CFR 261.4(b).)
( | yes J 1 no
if yes, go on to question (3).
If no, the material Is not a solid waate.
1. la the material specifically excluded from the definition of
noltd waste under 40 CFR 261.4(a) (see the list In Exhibit
5)?
( 1 yes { J no
If yes, the material Is not a solid waste.
If no, go on to question (4).
4. Is the ztaterial inherently waste-like (aee the list in
Exhibit 4)?
I ) yes 1 ] 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?
I J 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 rscycllng the waste?
C 1 yss I ) no '
It 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?
I ) 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 oris listed
es a hazardous waste in 40 CFR 261.33?
I ) yes I ) no
If yes, go on to question (7).
If no, the practice is speculative accumula-
tion, and the material is a solid
waste. Sea applicable regulations,
below.
7. is the material placed on the ground or used in • product
that is placed on the ground?
C 1 yes ( 1 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?
I ] y«» I ) no
If yes, the material 1s 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.
I. Is the material used as a fuel or ueed to produce s fuel?
J 1 yes ( 1 no
If yes, go on to question (8a).
If no, go on to question (9).
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S
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OTHER - MOM-SECONDARY MATERIAL 14
Description of Activity I
Plat in'! bath rlnitmtm fro* copper and clnc electroplating
opacitiana (upent material* axhlbiting th* charactarlatlc of EP-
toxicity) iire concentrated In a ravaraa oamosls 'ayctem and an evapora-
tor. Tha (list 11 lata, which doaa not exhibit any hacardoua waste
characteristics, la recycled as procaaa water. The concentrate, which
exhibits lhe charactarlatlc of EP-toxlcity, Is recycled to the
plating baths.
What lt> Che atatua of tha concentrate?
Questions!
1. la the Material that la recycled a secondary material?
I ) y« 1*1 •»
if yea, go on to queatlon (2).
It no, tha arterial la not a solid waata.
2. la the Kuterlal haiardoua? (A material la hazardous If it la
listed under 40 CFR 261.30-.33 or exhibits one of the
characterlatlca of a haiardoua waata given In 40 CFR
261.20-.24, and la not specifleally excluded f roa tha
definition of hacardoua wast* under 40 CFR 261.4(b).)
{ ) yea I I no
If yea, go on to quaation (3).
If no, the material la not • solid waata.
3. Is the Material specifically excluded from tha definition of
solid waata under 40 CFR 261.4(a) (see tha list In Exhibit
51?
I 1 yes | ) no
if yea, the material Is not a solid waata.
If no, go on to question (4).
4. la the material Inherently waata-llka (aae tha liat In
Exhibit 4)?
r i yea I J no ,
If yea, tha material Is a solid wast*. See applicable
regulations, below.
If no, go on to question (5).
3. Does lhe activity aarv* a b*n*flclal us*?
( I yes C J no
if yes, go on to question (6).
If no, the activity is not recycling, and the material
la a solid waata. See applicable regulations,
below.
6. le there e feaaibl* maans for racyollng the waete?
t I y«s ( 1 no
If yes, go on to question (6a).
If no, go on to question (6b).
6a. is at least 75 percent of th* matarlal r*cycl*d within
on* calendar year?
[ I y*« { ] 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 hacardoua waste characteristic or Is listed
as a hacardoua waata In.40 CFR 261.33?
( J yes ( j no
If yes, go on to question (7).
If no, the practice la speculative accumula-
tion, and tha material is a solid
waata. Sa* applicable regulations,
below.
7. Is th* material placed on th* ground or us*d in a product
that is placed on.the ground?
I 1 y»» I 1 no
If yea, go on to quaatlon (7a).
If no, go on to question (•).
7a. Is th* matarlal a commercial chemical product that
exhlbita a hacardoua waata charactarlatlc or ia Hated
in 40 CFR 261.33 that is produced for application to
the land?
I 1 y»» t 1 no
If yea, th* material la not a solid waate.
If no, th* activity reaulta In uaa constitu-
ting disposal and tha material is a
solid waate. See applicable regula-
, tiona, below.
•• Is th* material used as a fuel or ua*d to produc* a fuel?
I I y»« ( ) no
If yes, go on to question (Ba).
If no, go on to queatlon (9).
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an. Is the aaterlal a coaaarcial chealcal product that
•xlilblta a hazardous vast* characteristic or la listad
In 40 CPS 261.31 and that la producad to b« burned as
fuel?
( ) yas [ J no
If yas, tha material Is not a solid waste.
If no, tha activity rasulta In burning for
energy recovery, and tha aaterlal la
a solid waste. See applicable regu-
lations, below.
Is tha aaterlal ueed or reused
( ] as an Ingredient In an Industrial procaea to Bake,
a new product without lnteraedlate reclamation
(regeneration or recovery of materials),
J ] as an effective substitute for commercial products
in ( particular function or application, or
{ 1 as • substitute for raw aaterlal feedstock In the
primary production procaaa from which it waa
generated, without being flrat reclaimed (a
cloaed-loop process)?
If any of the above apply, the activity is use or
rauae, and the aaterlal Is not a aolid waate.
If none of the above apply, go on to queatlon (10).
Is the aaterlal regenerated or are aaterials with value
recovered froa the original aaterlal?
J 1 yes ( ] no
If yes, tha activity Is reclaaation. Co on to question
(10a).
If no, please review the definitions of activities In
this aanual and reconalder your anawers, or
call the RCRA Hotline for asalatance.
loa. Ia the material
( ) a hazardous waste lieted under 40 CFR
261.31 or 261.32 (this provision
excludes coaaercial cheaical producta,
which are listed under 40 CFR 261.33),
( ] a apent aaterlal exhibiting one of the
charactariatica of a hazardous waate
given In 40 CFR 261.20-.24, or
( ] a scrap aatal?
If any of the above apply, tha aaterlal is a
aolld waate. See applicable regula-
tlona, below.
If none of the above apply, go on to queatlon
(10b).
10b. ia the material
( ) either a sludge or a by-product that
exhlblta one of the charactariatica of a
hazardoua waate given in 40 CFR 261.20-
.24, and that ia not llatad under 40 CFR
261.31-.32, or
( ] a commercial chemical product that
axhlbite a hazardoua waate charactaria-
tic or Is listad under 40 CFR 261.33?
If any of tha above apply, tha aaterlal is
not a aolid waata.
If none of the above apply, plaaae review the
deflnitlona of activltiaa in thla aanual
and reconsider your anawars, or call the
RCRA Hotline for aaalatanca.
Applicable Requlatlo'nai
1. Ia the waate exeapt froa regulation (aae the liat in Exhibit 6)?
[ ) yaa ( ] no
If yas, the aaterlal la not regulated.
If no, the aaterlal la regulated. See itea (2), below.
Dlscussloni
The concentrate ia a product of the reclaaation of a
characterlatic spent aaterlal. Such products are not aolid waatas
theaselvea unleaa thay exhibit a hazardoua waata characterlatic and
(a) are placed on the ground in a Banner conatltutlng disposal, (b)
are burned aa a fuel, or (c) auat ba further reclalaed before they can
be reuaed. In thla caae, the concentrate la directly reused In the
plating baths. Thus, it is not a aolid waata and la not aubject to
RCRA Subtitle C regulation.
See Also; Reclaaation - Spent Material 23
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OTHER - NOM-8ECOHDARY MATERIAL IS
IH«crlpt)ii'i of Activity!
Spent imithdnol that wi uaad a aolvant In pharaaceutlcal
Manufacturing operation* (a apant Material Hated under EPA Hazardous
Haste Ho. Kooi) goes through a reclamation process on site that
regenerate" the Methanol to bettar than 99.3 percent purity. When
sent off-a).
If no, go on to queatlon (9).
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8a. Is the Material a commercial chemical product that
exhibits a hazardous vast* characteristic or is listed
in 40 CFR 261.13 and that is produced to be burned as
fuel?
[ ] yes [ J no
If yes, the Material is not a solid waste.
If no, the activity results in burning (or
energy recovery, and the material is
a solid waste. See applicable regu-
lations, below.
Is the material used or reused
( ] as an Ingredient in an industrial process to sake' -
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?
( ) yes ( 1 no
If yes, the activity Is reclamation. Go on to guestlon
(10a).
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 261.31),
( ) a spent material exhibiting one of the
characteristics of a hazardous waste
given in 40 CPU 261.20-.24, or
( 1 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
(10b).
10b. Is ths 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
261.11-.12, or
( ) a commercial chemical product that exhi-
bit* a hazardous waate characteristic or
is listed under 40 CFR 261.11?
If any of the above apply, the material is
not a solid waste.
If none of the above epply, 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 I) no
If yes, the material Is not regulated.
If no, the material Is regulated. See item (2), below.
Dlscusslont
The 99.9 percent pure methanol Is a product of the reclamation of
a characterletlc spent material. 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, (b)
are burned as a fuel, or (c) must be further reclaimed before they can
be reused. in this case, the methanol undergoee further reclamation
off-site. However, because it is better than 99.5 percent pure, EPA
has ruled that In this case the reclamation is substantially complete
and the material is more product-like than waste-like. (A similar
situation would be metals that must undergo further refining before
they are used.) The methanol is a commercial chemical product, not a
solid waste, and is not subject to RCRA Subtitle C regulation.
See AlsoI
Reclamation - Spent Material 24
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OTHER - HON-HAZARDOUS SECONDARY MAI tRIAL 1
Descrip* I [>n of Activity:
Spent activated carbon (a non-listed eludga that doee not exhibit
a hai.mti.ua waata character latlc) trow tha treataent of a
chdracteiIstlo waata la regenerated.
What is tua atatua of tha apant carbon?
Queatlonm
1. la the aatarlal that la racyclad a eecondary aatarlal?
1*1 C 1 no
if yes, go on to quaatlon (2).
if no, tha aatarlal la not a solid waata.
3. Ia tha aatarlal hasardoua? (A aatarlal la hasardoua If It la
limed undar 40 CFR 361.30-.il or exhibita ona of tha
chaiactarlatlca of a hasardoua waata given In 40 cm 361.30-.24,
and Is not apaclflcally axcludad from tha definition of hasardoua
waste under 40 CPU *61.4(b).)
I ) yaa (XJ no
If yea, go on to quaatlon (3).
If no, tha aatarlal la not a aolld waata.
1. Ia tha aatarlal apaclflcally axcludad froa tha definition of
solid waata undar 40 CPU 261.4(a) (aaa tha list In Exhibit 5)?
( ) yea J J no
If yaa, tha aatarlal la not a solid waata.
If no, go on to quaatlon (4).
4. Ia ihe aatarlal Inherently waste-like (saa tha list in Exhibit 4)?
( ) yaa ( J no
if yaa, tha aatarlal is a aolld wasta. Saa applicable
regulationa, below,
if no, go on to quaatlon (3).
5. Dorn tha activity sarve a beneficial use?
I ) yes I 1 no
if yes, go on to question (6).
if no, the activity la not recycling, and the aaterlal
la a aolld waata. saa applicable regulationa,
below.
6. Ia there a faaaible aeana for recycling the waata?
I ) yes t 1 no •'
If yes, go on to question (6a).
If no, go on to question (6b).
6a. la at laaat 73 percent of the aatarlal recycled within
one calendar year?
I 1 yes l 1 no
If yes, go on to question (7).
If.no, go on to question (6b).
6b. Is ths aatarlal a coaaerclal cheaical product that
¦axhlblta a hasardoua waata charactarlatio or Is listed
aa a hasardoua waste in 40 CFR 261.11?
C 1 Y«s ( 1 no
If yes, go on to qusstlon (?).
If no, the practice is speculative accumula-
tion, and tha aatatlal is a solid waata.
Sae applicable ragulationa, belowt
7. Ia the aaterlal placed on the ground or uaad In a product that la
placed on the ground?
J 1 yes ( 1 no
If yes, go on to question (7a).
If no, go on to quaatlon (•).
7a. Is tha aaterlal a coaaarcial cheaical product that
exhibits a' hasardoua waata charactarlatio or la liatad
in 40 CPU 261.31 that Is produced for application to
tha land?
I 1 yes ( 1 no
If yes, the aatarlal is not a solid waata.
If no, tha activity reaults In use
constituting disposal and tha aatarlal
is a aolld . waata. See applicable
regulationa, below.
8. Is the aatarlal uaad as a fuel or uaad to produce a fuel?
I ) yes ( 1 no
If yes, go on to question (Ba).
If no, go on to quaatlon (9).
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ti <. It. the Material ¦ commercial chemical product that
exhibit* • hatardoua waste characteristic or la Hated
In 40 CFR 261.33 and that la produced to be burned as '
fuel? {
J J yea I J no
If yea, the material la not a solid waate.
If no, the activity raaulta in burning (or
energy recovery, and the material la a
aolld waste. 8aa applicable regula-
tions, below.
Is tha material uaed or reuaed
( ) as an ingredient In an lnduatrlal proceaa to make
a new product without Internedlate reclamation
(regeneration or recovery of Materials),
| ] as an effective substitute for commercial producte
In a particular function or application, or
| ) as a substitute for raw material feedatock In tha
primary production procsaa from which it was
generated ,> without being flrat reclaimed (a
eloaad-loop procsaa)?
If any of tha above apply, tha sctlvlty Is use or
reuss, and tha material 1s not s solid wasta.
If none of tha above apply, go on to queation (10).
la the Material regenerated or are materials with value
recovered from the original material?
[ ) yea ( ) no
If yes, ths activity 1s rsclasatlon. Go on to queation
(10a).
If no, pleaae review the definitions of activities In
this manual and reconaider your anawara, or
call tha RCRA Hotline for aaslstance.
loa. la the material
[ ] a hazardous waate llatad under 40 CFR
361.31 or 261.32 (thia provlaion
excludes commercial chemical producta,
which are listed under 40 CFR 261.33),
( ] a spent material exhibiting one of the
characterlatics of a hazardous waate
given in 40 CFIl 261.20-.24, or
( ) a acrap metal?
If any of tha above apply, the material la
a aolld waate. See applicable regula-
tlona, below.
If none of the above apply, go on to queation
(10b).
10b. Is ths matarlal
( ) either a aludgt or a by-product that
exhibits one of the characterlatics of a
hatardoua waate given in 40 CFR 261.20-
.24, and that la not llatad under 40 CFR
261.31-.32, or
[ J a commercial chemical product that
exhlblta a hatardoua waate characteria-
tlc or la llatad under 40 CFR 261.33?
If any of tha above apply, tha material la
not a solid waate.
If none of the above apply, pleaae review
the deflnltlona of activitiaa in this
manual and reconaldar your anawars, or
call the RCRA Hotline for aaalatance.
Applicable Regulationsi
1. Ia the waate exempt from regulation (see the list In Bxhibit 6)?
J 1 yes I ) no
If yes, the material is not regulated.
If no, the material la regulated. See Item'(2), below.
Dlacuaalont
In this caas, ths spent activated carbon doaa not exhibit any
hatardoua waate characteristics. Secondary matariala that ar<
recycled but are not hatardoua are not aolld waatea and are not
subject to RCRA Subtitle C regulation.
See Alao:
Reclamation - Sludge 1
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OTHER - NON-HAZARDOUS SECONDARY HATtHIAL 2
Description of Actlvltvi
To* I.: natal-containing aludgea froa tha chaalcal industry
(aludges exhibiting the charaotarlatio of EP-toxicity) go through a
raclaaation procaaa that reaulta In • Boll-like solid that can ba used
for landdll covsr aaterial, lavaaa, beraa, or fartillxar. This
resulting ' aatarial doaa not exhibit any hasardoua waste
cha racter1st ics.
What Is tha atatua of tha non-hazardous resulting aaterial?
Oueatlonn:
1. Is the aaterial that ia raoyolad a secondary aatarial?
f X1 yea [ J no
II yes, go on to quaatton (3).
If no, tha aaterial la not a aolid vaata.
2. Is tha aatarial hasardoua? (X aatarial la hatardoua if it la
listed undar 40 CFR 261.30-.33 or axhlblta one of tha
characteristlca of a hasardoua vaata given in 40 CFR 261.30-.24,
and is not specifically excluded froa tha definition of hazardous
waste under 40 CFR 261.4(b).)
I 1 l*] «o I
|
If yes, go on to queatlon (3).
If no, tha aatarial la not a aolid vaata.
3. la the aatarial apeolflcally axoludad froa the definition of
aolid waste undar 40 CFR 261.4(a) (aaa tha liat In Exhibit 5)?
( ] yaa J 1 no
If yea, the aatarial 1a not a aolid vaata.
If no, go on to queatlon (4). ^
4. Ia the aaterial Inherently vaata-lika (aae tha llet In Exhibit 4)?
( ) yaa J | no
If yua, the aatarial la a aolid vaata. Sea applicable
ragulationa, below.
If no, go on to queatlon (9).
3. Does the activity serve a beneficial uae?
( 1 yea ( ) no
lf yes, go on to queatlon (6).
If no, the activity ia not recycling, and tha aaterial
la a solid wasta. See applicable regulations,
below.
6. is there a feaelbla aaana for recycling tha vaata?
( 1 yaa J 1 net •
If yea, go on to queatlon (6a).
If no, go on to queatlon (6b).
6a. Ia at leeat 75 percent of the aatarial recycled within
one calendar year?
[ 1 y«» C 1 no
If yea, go on to queatlon (7).
If no, go on to question (6b).
6b. Ia tha aatarial a coaaaroial chaalcal product that
¦exhlblta a hatardoua waata characteristic or is Hated
as a hazardous waste in 40 CFR 261.33?
I ] y«« ( ) no
If yea, go on to queatlon (7).
If no, the practice la apaculativa
accuaulatlon, and tha Mterlal ia a
aolid waata. see applicable
ragulationa, below.
7. Ia tha aatarial placed on the ground or uaad in a product that la
placed on tha ground?
1 1 y«» ( ) no
If yaa, go on to queatlon (7a).
If no, go on to question (•).
7a. Ia tha aatarial a coaaaroial chaalcal product that
exhlblta a hazardoua waata characterlatlo or is listed
in 40 CFR 261.33 that ia produced for application to
the land?
I I yu I ) no
If yea, the aaterial la not a aolid waste.
If no, tha activity results In use constitu-
ting disposal and the aaterial is a
solid vasta. See applicable ragula-
tiona, below.
6. Ia tha aatarial uaed aa a fuel or ussd to produce a fuel?
C 1 y«« ( I no
If yes, go on to question (Sa).
If no, go on to question (9).
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8n. is the aatarlal a coaaercial chnlcal product that
exhibits a hazardous wast* characteristic or is listed
In 40 CFR 261.31 and that Is produced to bs burned as
fuel?
J 1 yes 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 spplicable regula- :l
tlons, below.
Is the aatarlal used or reussd
I J 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 rsw material feedstock in ths '
prlaary production proceas froa which it was >
generated, without being first reclaimed (a
closed-loop process)?
It 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 ) yes t ) no 1
If yes, the activity is reclaMatlon. Go on to question
(10a).
If no, please review the definitions of activities in
this Manual and reconelder your answers, or
call the RCRA Hotline for aeslstance.
loa. la the Material
J ) a hazardous waste listed under 40 CFR
261.31 or 261.32 (this provision
excludes coaaercial cheaical products,
which are listed under 40 CFR 261.31),
[ ] 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 waate. See applicable regula-
tiona, below.
If none of the above apply, go on to question
(10b).
10b. Is the material
( ) either a sludge or a by-product that
exhibits one of the characteristics of a
hazardous waste given in 40 crR 261.20-
.24, and that ia not listed under 40 CPR
261.31-.32, or
( ) a coaaercial cheaical product that
exhibits a hazardous wasts characteris-
tic or ie 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 reconalder 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 yes ( ) no
If yes, the material is not regulated.
If no, the material la regulated. See Item (2), below.
Discussioni
The products of reclamation of characteristic sludges are not
themselves solid waatee unless they exhibit a hazardous waste
characteristic and are (a) burned for energy recovery or (b) used In a
aanner constituting disposal. This product is placed on the land, but
because the product is not hazardous it Is not a solid wasts and is
not subject to Subtitle C regulation.
»
See Also: Use Constituting Disposal - Sludge 1
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OTHER - NON-HAZARDOUS SECONDARY KATEUIAL 3
Description of Actlvltvi
An u.ld etching aolutlon (• apent Material exhibiting the
charactei l-itic of corroalvity) la reclaimed for ita xlnc content. The
tine (vlilch duia not exhibit any hazardoua vaste characteristics) is
thun uaul In a fertilizer that doaa not exhibit any hazardous waste
character let leu. The recycler uses the fertilizer on his own land but
dooa not maiket it to the general public.
what in the status of the fertilizer?
Pupations;
1. Ia Mm Material that ia recycled a secondary material?
|X) yea J 1 no
1( yus, go on to question (3).
If no, the aatarial ia not a solid waate.
2. Is tlia aatarial hazardoua? (A aatarial la hazardoua if it la
llstcil under 40 CFR 261.30-.13 or exhibits one of the
chatacterlatica of a hazardoua waste given in 40 CFR 261.20-.24,
and is not specifically excluded froa the definition of hazardous
wasio under 40 CFR 261.4(b).)
t ) y« l*J
If yes, go on to queatlon (3).
If no, the Material ia not a solid waate.
3. Is the aatarial apeclfically excluded froa the definition of
aolid waste under 40 CFR 261.4(a) (aee the llat in Exhibit 5)?
( 1 yes ( 1 no
if yes, the Material la not a solid waate.
If no, go on to queetion (4).
4. Ia the Material inherently waate-like (aae the llat in Exhibit 4)?
( I yea { J no
[f yes, the Materiel la a aolid waata. See applicable
regulations, below.
If no, qo on to question (S).
5. Do<:. the activity aerve a beneficial uaa?
| ) yea ( ) no
If yea, go on to question (6).
If no, the activity is not recycling, and the Material
la a aolid waate. See applicable regulatlona,
below.
Ia there a feaalbla Means for recycling the waata?
( ) y«» I ) no
If yea, go on to queetion (6a).
If no, go on to quaatlon (6b).
6a. Ia at laaat 75 percent of the Material recycled within
one calendar year?
( 1 y«» C 1 no
If yea, go on to guaation (7).
If no, go on to guaation (6b).
6b. Ia the Material a coaaercial cheMical product that
•xhiblta a hazardoua waata charactariatic or is lletad
aa a hazardoua waata In 40 CFR 261.33?
{ 1 yea ( ) no
If yea, go on to quaatlon (7).
If no, tha practice is epeculative accumula-
tion, and the Material ia a aolid
waata. See applicable regulatlona,
below.
Ia tha Material placed on the ground or uaad in a product that ia
placed on the ground?
I ) yea I ) no
If yea, go on to queatlon (7a).
If no, qo on to quaatlon (•).
7a. Ia the Material a coaaercial cheaical product that
exhibits a hazardoua waate charactariatic or la Hated
in 40 CFR 261.33 that ia produced for application to
tha land?
J 1 yea ( ) no
If yea, tha Material la not a aolid waate.
If no, the activity reaulta In uaa conatltu-
tlng dlapoaal and the aatarial la a
aolid waata. See applicable regula-
tlona, below.
Ia tha Material uaad aa a fuel or uaad to produce a fuel?
f J yea ( ) no
If yaa, go on to quaatlon (la).
If no, go on to queatlon (9).
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F.i. la th« material • commercial chemical product that
exhibits a hazardous vaate characteriatlo or la liated
in 40 CPU 261.33 and that ii produced to be burned aa
fuel?
I 1 I ] no
If yaa, the Material ia not a aolld vaate.
If no, the activity reaulta in burning for
energy recovery, and the material 1a a
aolld waata. Sea applicable ragula-
tlona, below.
In the Material uaed or reused
( ) aa an ingredient In an industrial process to sake
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 aubstituts for raw material feedstock in the
primary production proceee from which it was
generated, without being first reclaimed (a
closed-loop process)?
If any of the above apply, the activity 1s use or
reuse, and the material la not a aolld waata.
If none of the above apply, go on to question (10).
Ia the material regenerated or are materials with value
recovered from the original material?
I ] [ 1 no
If yes, the activity Is reclamation. Go on to queation
(10a).
If no, please review the definitions of activities In
this manual and reconalder your anawers, or
call the RCRA Hotline for asalatance.
ina. Ia the material
( ) a hazardous waste listed under 40 CFR
261.31 or 261.32 (this provision
excludes commercial chemical products,
which are liated under 40 CFR 261.33),
( ) a apent material exhibiting one of the
characteristics of a hazardoua waste
given in 40 cm 261.20-.24, or
( ) a acrap metal?
If any of the above apply, the material Is a
solid waata. See applicable regula-
tiona, below.
If none of the above apply, go on to queation
(10b).
lob. Is the material
( ] either a sludge or a by-product that
exhibits one of the characteriatlca of a
hatardoua waata given in 40 CFR 261.20-
.24, and that Is not listed under 40 CFR
261.31-.32, or
( ] a commercial chemical product that axhl-
blta a haxardoua waste characterlatlc or
is liated under 40 CFR 261.33?
If any of the above apply, the material is
not a aolld waata.
If none of the above apply, please review
the definitiona of actlvltiee In thie
manual and reconsider your answers, or
call the RCRA Hotline for assistance.
Applicable Regulations}
1. Ia the waata exempt from regulation (see the list in txhlblt 6)?
( ) yee ( ) no
If yes, the material is not regulated.
If no, the material ia regulated. See item (2), below.
Discussion!
The fertilizer ia derived from a characteristic waate but is not
Itself hazardous bscauae it doaa not exhibit any hazardous waata
characterletics. Recycled secondary materials that are not hazardoua
are not aolld waatea and are not subject to RCRA Subtltls C regula-
tion.
See Also: Use Constituting Disposal - Spent Material 1
Reclamation - Spent Material 13
Other - Non-Secondary Material 7
Other - Hon-Hazardoua Secondary Material 4
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OTHER - HON-HAZARDOUS SECONDARY MATERIAL 4
Description of Activity!
An xjIJ etching solution (a spent uUrlil exhibiting the
charactei iotlc of corroalvlty) la reclaimed (or lta line content. Tha
sine (which doea not axhlblt any hazardoua waata characterletles) la
then usi'l in a fertilizer that alao does not axhlblt any hazardous
waste characteristics. Tha racyclar uaaa the fertiliser on hla own
land but .Iota not aarket It to tha general public.
What h. tha atatua of tha sine?
Question;!.
1. Is the aaterlal that la recycled a secondary Material?
1*1 y«« C J no
If yea, go on to qusstion (2).
It no, tha material Is not a solid waata.
2. Is the aaterlal hazardoua? (A material Is hasardoua If It Is
llatcd under 40 CFR 261.30-. 33 or exhlblta ona of tha
charactarlatlca of a hasardoua waata given In 40 CFR 261.20-.24,
and Is not apeclflcally excluded froa the definition of hazardous
waste under 40 CFR 261.4(b).)
( J (*1 no
if yes, go on to question (3).
It no, tha Material Is not a solid waata.
3. Is the material apeclflcally excluded frou tha definition of
aolld waste under 40 CFR 261.4(a) (see the list In Exhibit 5)?
( J yes ( I no
if yes, ths Material Is not a solid waata.
if no, go on to question (4).
4. Is the Material Inherently wasts-llke (see the list In Exhibit 4)?
( ) yes f J no
if yes, the Material Is s solid waste. See sppllcable
regulations, below.
If no, go on to question (5).
5. Docs the activity serve a beneficial use?
( 1 yes ( ) no
If yes, go on to question (6).
If no, the activity Is not recycling, and the Material
Is a aolld waata. See applicable regulations,
below.
6. is there a feasible weans for rscycllng tha wasts?
( 1 yea ( ) no '
If yea, go on to queatlon (6a).
If no, go on to queatlon (6b).
6a. Is at laaat 75 percent of tha Material recycled within
one calendar year?
I ) yea ( 1 no
If yes, go on to question (7).
If.no, go on to queetion (6b).
6b. is the Material a commercial chemical product that:
exhibits s hasardoua waata characteristic or is listed
aa a hazardous waata in 40 CFR 261.33?
[") yea ( ) no
If yaa, go on to quaetion (7).
If no, tha practice is speculative accumula-
tion, and the material is a solid
waate. See applicable regulations,
below.
7. Is ths material placed on tha ground or used in a product that is
placed on the ground?
I 1 ( 1 no
It yea, go on to question (7a).
If no, go on to queatlon (•).
7a. Is ths material a couerclal chemical product that
exhibits a hasardoua waste characterlatlc or la Hated
in 40 CFR 261.33 that Is produced (or application to
the land?
( ) yaa J J no
If yes, the material is not s solid wasts.
It no, ths activity raaulta In use constitu-
ting disposal and the material la a
solid wasta. See applicable regula-
tions, below.
•. Is the material uaad aa a fuel or uaed to produce a fuel?
[ ) yea ( ) no
If yes, go on to question (Ba).
If no, go on to queatlon (9).
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¦a. la tha material a cowarcial Chan leal product that
axliiblta a halardous waata characteristic or la Hated
in 40 CFR 261.33 and that la produced to ba burned aa
fuel?
C J yaa ( } no
If yaa, tha material la not a aolld waata.
X( no, tha activity results In burning for
energy recovery, and tha Material la a
aolld waata. Sea applicable regula-
tions, below.
Is tha Material uaed or reused
I 1 as an Ingredient in an lnduatrlal proceas to make.
a new product without Intermediate reclamation
(regeneration or recovery of materials),
( ) as an affective 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 queation (10).
In the material regenerated or are materials with value
recovered from the original material?
( ) yaa t 1 no
If yes, the activity is reclamation. Go on to queation
(10a).
If no, pleaae review the definltiona of actlvltiaa in
thla manual and reconsider your anawers, or
call the RCRA Hotline for aaalatance.
10a. la tha material
( ) a hazardous waata Hated under 40 CFR
261.31 or 261.32 (this provision
excludes commercial chemical producta,
wlch are listed under 40 CFR 261.33),
| J a apant material exhibiting one of the
characteriatlea 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 waata. See applicable regula-
tiona, below.
If none of tha above apply, go on to queation
(10b).
lob. Is tha material
( ] either a sludge or a by-product that
axhibita one of the characterlatlcs of a
hazardous waata given in 40 CFR 261.20-
.24, and that la not liatad under 40 CFR
261.31-.32, or
I ) a commarolal chemical product that exhi-
bits a hazardoua waste characteristic or
is listed under 40 CFR 261.33?
If any of tha above apply, tha material is
not a solid wasts.
If none of the above apply, please review
the definltiona of activities in this
{ manual and reconaldar your answers, or
call the RCRA Hotline for aaaistance.
Applicable Regulations!
1. Is the waata exempt from regulation (aas the list in Exhibit 6)?
( ) yes I ) no
If yes, the material is not regulated.
If no, the material is regulated. See Item (2), below.
Discussion:
The tine is a product of the reclamation of a characteristic
apent material. Such products are not aolld waataa themselves unless
they exhibit a hazardoua charactarlatlc and (a) are placed on tha
ground in a manner conatltuting diapoaal, (b) are burned aa a fuel, or
(c) must be further reclaimed before they can be reuaad. In this
case, becauaa the zinc doaa not exhibit any hazardoua characterlatlcs,
it is not a solid waste and la not aubjact to RCRA Subtitle C regula-
tion (even though It is being used as an ingredient for a product that
is placed on the land for beneficial usa).
Sea Also: Uee Constituting Diapoaal - Spent Matarlala 1
Reclamation - Spent Haterial 13
Other - Non-Secondary Haterial 7
Other - Non-Hazardous Secondary Material 3
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OTHER - HOW-HAZARDOUS SECONDARY MATERIAL 5
Descript i4
-------
•a. la the material • congolil chemical product that
axhlbita a haiardoua waata characteristic or la llatad
in 40 CFR 241.33 and that la produced to ba burned aa
fuel?
( ] yaa C 1 no
If yaa, tha material la not a aolld waata.
If no, tha aotivlty raaulta In burning for
energy recovery, and the aaterlal la
a aolld waata. Baa applicable regu-
lationa, below.
Is tha aatarial uaad or reused
( ] aa an ingredient In an lnduatrial procaaa to make .
a new product without intermediate reclamation
(regeneration or recovery of materlala),
[ | aa an effective aubatituta tor commercial producta
in a particular function or application, or
( ) aa a aubatituta for raw aatarial feedstock in the
primary production procaaa from which it waa
generated, without being first reclaimed (a
cloaed-loop proceaa)?
If any of tha above apply, tha activity la uae or
reuee, and the aatarial la not a aolid waata.
If none of tha above apply, go on to queatlon (10).
Is tha material regenerated or are materlala with value
recovered from the original material?
( | yaa J J no
If yaa, tha activity la reclamation. Go on to queatlon
(10a).
If no, plaaaa review tha deflnitlona of activltiea in
thia manual and raconaidar your anawera, or
call the RCRA Hotline for aasiatance.
10a. la tha materiel
( J a haiardoua waata liatad under 40 CPR
261.31 or 261.32 (this provision
excludes commercial chemical producta,
which ara Hated under CPR 261.33),
( ) a apent material exhibiting one of the
characteriatica of a hazardoue waata
given in 40 cnt 261.20-.24, or
I J a acrap metal?
If any of the above apply, tha material la a
aolid waata. See applicable regula-
tlona, below.
If none of the above apply, go on to queatlon
(10b).
10b. la tha material
( ] either a aludg* or a by-product that
axhlbita one of the characteriatica of a
hatardoua waata given in 40 CPR 261.20-
.24, and that la not liatad under 40 CPR
261.31-.32, or
( ) a commercial chemical product that exhi-
blta a haiardoua waata characterlatlo or
la liatad under 40 CPU 261.33?
If any of the above apply, tha material la
not a aolld waata.
If none of the above apply, plaaaa review
the deflnitlona of actlvltiaa in thia
manual and raconaidar your anawera, or
call the RCRA Hotline for aaalatanca.
Applicable Regulatlonai
1. Ia tha waata exempt from regulation (aee the llat In Exhibit 6)?
[ ] yaa [ ] no
If yea, tha materiel la not regulated.
If no, the material ia regulated. 8ee item (2), below.
Dlacuaaloni
Tha filter preaa aludga ia not liatad and doea not exhibit any
hazardoua waata characteriaticat therefore it la not hazardous.
Recycled secondary materlala that ara not hazardoua ara not solid
wastee, and are not eubjact to RCRA Subtitle C regulation.
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OTHER - NON-HAZARDOUS SECONDARY MATERIAL 6
UMcrlpl Inn of Activity!
Amorphous polypropylene rtsldui! (by-products exhibiting the
char.i':t.1 istic of ignltabillty) 90 through a processor that extracts
residua 1 solvents for reuse ss degreasers. The polyaeric residues,
which ?
I ) yea I ) no
If yes, the aaterial Is not a solid waste.
If no, go on to question (4).
4. In the aaterial Inherently waste-like (see the list in
Exhibit 4)? • 1
( ) yes J J no
It yes, the aaterial is a solid waste. See applicable
regulations, below.
If no, go on to question (S).
5. lucd the activity serve a beneficial use?
( } yes l 1 no
If yes, go on to question (6).
If no, the activity la not recycling, and the aaterial
Is a solid waate. See applicable regulations,
below.
6. Is there a feasible aaans for recycling the waate?
I 1 I ) no,-
If yes, go on to question (6a).
If no, go on to queatlon (6b).
6a. Is at least 79 percent of the aaterial recycled within
one calendar year?
1 1 y«» t J no
If yes, go on to question (7).
If no, go on to question (6b).
6b. Is ths aaterial a coaaarcial chaaical product that
exhibits a hazardous waste characteristic or is listsd
as a hazardous waste in 40 CFR 261.33?
( J y«« f ) no
If yes, go on to question (7).
If no, the practice is speculative accumula-
tion, and the aaterial is a solid
waste. See applicable regulations,
below.
7. Is the aaterial placed on the ground or used in a product
that is placed on the ground?
C 1 y« I ) no
If yes, go on to question (7a).
If no, go on to question (S).
7a. Is the aaterial a coaaarcial chaaical 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« C 1 no
If yes, the aaterial la not a solid waste.
If no, the activity reaulta in uaa
constituting disposal and the aaterial
is a solid waste. See applicable
regulations, below.
8. Is the aaterial used aa a fuel or uaed to produce a fuel?
t ) yes ( ) no
If yes, go on to question (la).
If no, go on to question (9).
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¦ a. Is the Material t coMaercial chemical product that
exhibits a hazardous wast* characteristic or Is listed
In 40 cnt 261.33 and that la produced to be burned aa
fuel?
C ] yas [ J no
If yea, tha Mterial is not a solid waste.
If no, tha activity results in burning for
energy recovery, and the Material la a
solid waste. See applicable
regulations, below.
Is tha aaterial used or reused
{ J as an ingredient in an industrial process to weke
a new product without interaedlate reclamation
(regeneration or recovery of Materials),
( ) aa an affective aubatltute for commercial producta
in a particular function or application, or
[ ) aa a aubatltute for raw aaterial feedstock in the
prlaary production proceaa froa which it was
gsnsratad, without being firat reclaimed (a
cloaed-loop process)?
If any of tha above apply, tha activity is use or
reuse, and the Material ia 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 froa the original Material?
( ) y«» l 1 «»
If yas, the activity is reclaMation. Go on to question
(10s).
If no, plesss review the definitions of actlvitiea in
this Manual and raconaidar your answers, or
call the RCRA Hotline for assistance.
10a. Ia tha Material
( ) a hasardoua waate listed under 40 era
261.31 or 261.32 (this provision
excludes coaMercial chaaical producta,
which are listed under 40 era 261.33),
( ) s spsnt aaterial exhibiting one of the
characteristics of a hazardous waate
given in 40 era 261.20~.24, or
( ) a scrap aetal?
If any of the above apply, tha Material Is
a solid waste. See applicable
regulations, below.
If none of the above apply, go on to queation
(10b).
10b. Is the Material
( ) either a sludge or a by-product that
exhibits one of the characterlatlcs of a
hasardoua waata given in 40 era 261.20-
.24, and that la not Hated under 40 CPU
261.31-.32, or
( ] a eoaaercial chaaical product that
exhlbita a hasardoua wasts
characteriatic or la liated under 40 CPR
261.33?
If any of the above apply, the aaterial is
not a aolid waate.
If none of the abova apply, pleaae review
the definitions of activities in thla
aanual and reconsldsr your anawers, or
call tha RCRA Hotline for aaalatanca.
Applicable Regulations
1. Is the waate exeapt froa regulation (sse tha llat in
Exhibit 6)?
[ ] yss ( ) no
If yes, the aaterial la not regulated.
If no, the aaterial le regulated. See itea (2), below.
Discussion;
The polyMeric residues are a product of tha reclaMation of
characteriatic by-product. Such producta are not aolld waatea unlai
they exhibit a hazardous characteristic and (a) are placed on tl
ground in a Manner constituting disposal, (b) are burned aa a fuel, <
(c) require further proceaalng to coaplste the reclamation process. )
this case, the polyMeria residues sre used in asphalt that Is placi
on the ground for beneficial uaei however, thess residues do n<
exhibit sny hazardous characteristics. Thus, tha residues are n<
solid wastes and are not eubject to RCRA Subtitle C regulation.
See Also: Othsr - Non-Hazardous Secondary Material 7
Other - Non-Secondary Material 11
Use Constituting Disposal - By-Product 4
-------
OTHER - M0N-KAZMUXW8 SECOHDMW KATtRIM. 7
Pat»crlptl"ni
tootiliciuB polypropylene ruldiiM (by-product® exh lbiting the
ch«ractai >sllc o( ignltability) 90 through a processor that extracts
residual solvents for rauae as degreaaera. The polyaeric residues,
which do not exhibit any haiardous Mast* characteristics, are blended
with asplia 1 tic aatarlala to uki fa acre crack-rasiatant) asphalt for
sale. The asphalt also does not exhibit any haiardous waste
charactaii stlea.
What la the status of the asphalt?
Questions¦
1. Is the Material that la recycled • secondary aatarlal?
IX) yss ( 1 w
1£ y< a, go on to question (2).
It no, the Material ia not a Mild vaeta.
2. Is the aatarial haiardous? (A aatarlal is hazardous if it is
listed under 40 CrR 2tl.30-.33 or exhibits one of the
characteristics of a haiardous waste given in 40 CPR
JSl.20-.24, and is not ¦pacifically excluded froa the
definition of haiardous wast* undar 40 CFR 261.4(b).)
( 1 yaa (X) no
if yea, go on to question (3).
if no, the aatarlal is not a solid wast*.
3. Is the aatarlal specifically excluded froa tti* definition of
solid wast* under 40 CFR 261.4(a) (sa* the liat in Exhibit
5)?
1 J yes J J no
If yea, the aatarlal is not a solid waste.
1f no, go on to question (4).
4. Is tha Material inherently waste-like (see th* list in
Exhibit 4)?
I J yes J J no
If y*a, th* aatarlal la a solid waate. Saa applicable
regulations, below.
If no, go on to queation (5).
5 Doe* the activity aarve a beneficial use?
I I Jt« C I no
1f yes, go on to qusstion (6).
If no, the activity la not recycling, and the aatarlal
la a aolld waste. Saa applicable regulations,
below.
6. Ia there a feaslbl* aeans for recycling the waata?
I 1 yas I | no'
If yes, go on to queation (Sa).
If no, go on to question (lb).
6a. la at laaat 75 percent of th* aatarlal recycled within
one calendar year?
( 1 [ | M
If yas, go on to quaation (7),
If no, go on to queation (*b).
fib. la the aatarlal a coaaarolal chealcal product that
exhibit, a haiardous waata characteristic or is listed
aa a haxardoua waat* in 40 CFR 2*1.33?
I 1 *«• t J no
If yea, go on to question (7).
If no, th* practice ia speculative acousula-
tion, and the aatarlal is a aolid
waata. sa* applicable regulations,
below.
7. Is the aaterial placed on th* ground or used in a prodo.t
that la placed on th* ground?
I ]»•' t 1 no
It yea, go on to queation (7a).
If no, go on to question (¦).
7s. Is th* aatarlal a coaaarcial chaaical product that
exhibits a haiardous waata characterlatic or ia Hated
in 40 CFR 2*1.13 that is produced for application to
the land?
I 1 Sf«« ! 1 no
If yea, th* aatarlal is not a solid wests.
If no, the activity raaulta in uaa
constituting diapoaal and tha aaterial
la a aolid waata. See applicable
regulations, below.
•. ia tha aaterial uaad aa a fuel or uaad to produce a fuel?
I 1 y«a ( 1 no
If yes, go on to question (Sa).
If no, go on to quaation (9).
-------
fl*. la the material a commercial chaalcal product that
•xhlblta a hazardoua waata characterlatio or la Ilatad
lit 40 CFR 261.33 and that la produced to b« burned aa
fuel?
( ) yaa [ ] no
If yaa, tha aatarlal la not a solid waata.
If no, tha activity raaulta In burning for
energy recovery, and the Material la a
aolld waata. See applicable
regulations, below.
in the material uaed or reused
I J an ingredient In an industrial procaaa to uka
a new product without intermediate reclaaation
(regeneration or recovery of Materials),
( ] as an effective subatltute for commercial producta
in • particular function or application, or
( ) as a aubatitute for raw material feedstock In the
primary production procaaa from which it waa
generated, without being flrat reclaimed (a
closed-loop process)?
If any of tha above apply, tha activity Is uae or
reuse, and the material is not a aolld waata.
If none of the above apply, go on to question (10).
la the material regenerated or are materials with value
recovered from tha original material?
I 1 y*" M no
If yes, the activity Is reclamation. Go on to question
(10a).
If no, pleaae review tha definitions of activities In
this manual and reconsider your anawers, or
call the RCRA Hotline for aaslstance.
10a. is the material
I ) a hazardoua waata Hated under 40 CFR
261.31 or 261.32 (this provision
excludes commercial chemical producta,
which are liatad under 40 CFR 261.33),
( ) a spent material exhibiting one of the
characterlatics of a hazardoua waste
given in 40 CFR 261.20-.24, or
( ) a scrap metal?
If any of the above apply, the material is
a solid waata. 6ee applicable
regulations, below.
If none of the above apply, go on to queatlon
(10b).
lob. is the material
( ) either a sludge or a by-product that
exhibits one of the characterlatIce 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
exhiblta a hazardous waate
characteristic or is listed under 40 CFR
261.33?
If any of tha above apply, tha material is
not a aolld waata.
If none of the above apply, pleaae review
the definitions of activities in this
manual and reconsider your anawers, or
call the RCRA Hotline for aaslstance.
Applicable Regulations
1. Is tha waata exempt from regulation (aee the list In
Exhibit 6)?
[ ) yes M no
If yes, the material is not regulated.
If no, the material is regulated. See item (2), below.
Discussiont
This aephalt is produced by blending aaphaltlc materials with tha
polymeric residues. Such products are not aolld waataa unlaaa they
exhibit a hazardous characteristic and (a) are placed on the ground in
a manner constituting disposal, (b) are burned aa a fuel, or (c)
require further processing to complete the reclamation procaaa. In
this case, the asphalt is placed on the ground for beneficial uaet
however, the aephalt doea not exhibit hazardoua waste characteristics.
Thus the asphalt Is not a solid waate and la not subject to RCRA
Subtitle C regulation.
See Alsoi Other - Non-Hazardoua Secondary Material 6
Other - Non-Secondary Material 13
Use Constituting Disposal - By-Product 4
-------
OTHER - MOM-HAZARDOUS SECONDARY MATERIAL 8
De-crlpt |.,n of Activity;
Wafcl •! at chants containing chroalua and sulfuric acid from
¦uifaca-lInitfhlng opeistlons (a apant material exhibiting tha
chnractei hitics of EP-toxicity and corroalvlty), ara traatad with a
substrate, producing trivalent chroalua. Tha other metals (which do
not exhiltlt any hazardous Masts charactariatlca) arc transferred to a
catholyte and than sold to a sscondary saelter for reclamation,
laavlnq a teyenarated «tchant.
Mhat ia tha status of tha aetala that ara transfsrred to tha
catholytef
Questions:
1. Is the material that is recycled a secondary aatarlal?
IXI y*a ( ] no
I< yes, go on to question (2).
It no, tha aatarlal la not a aolld waste.
a. Ia the aatarlal hazardous? (A aatarlal la hazardous If it 1a
listed under *0 Cm Ml.10-.33 or exhibits ona of the
char act eristics of a haiardoua waste gltfan In 40 crR
261.20-.24, and ia not epeelfically excluded froa the
definition of haiardoua waata under 40 CPR 261.4(b).)
I 1 V«» {*1 no
It yea, go on to question (3).
It no, the material ia not a solid waste.
3. Is the aatarlal specifically excluded froa the definition of
•olid waste under 40 CPR 261.4(a) (sea the list in Exhibit
SJ?
I 1 y*a I J no
If yea, tha aatarlal la not a solid waste.
It no, go on to question (4).
4. is tho aatarlal inherently waste-like (sea tha list in
Exhibit 4)?
C 1 Y*» t I no
If yes, tha aatarlal is a solid waste. See applicable
regulations, below.
It no, go on to question (5).
3. Does the activity serve a beneficial use?
f 1 y«» I J no
if yes, go on to question (6).
If no, tha activity Is not recycling, and the material
Is a solid waste. See applicable regulations,
below.
6. Is there s feasible aeans for recycling tha waste?
J } yes J J no
If yea, go on to question (6a).
If no, go on to question (6b).
6a. Is st least 7S percent of the aatarlal recycled within
one calendar year?
f J yes I 1 no
If yes, go on to question (7).
if no, go on to question (6b).
6b. Is ths aatarlal a coaaercial chealcal product that
•xhiblte a hazardous waste characteristic or is llstsd
as a hazardous waste in 40 CFR 261.33?
J J yss C 1 no
If yss, go on to question (7).
If no, tha practice is speculative accuaula-
tion, and the aaterlal is a solid
waste. See applicable regulations,
below.
7. Is the aatarlal placed on tha ground or used In a product
that la placed on the ground?
{ 1 yes ( J no
If yes, go on to question (7s).
If no, go on to question (a).
7a. Is the aaterlal a coaaercial chealcal product that
exhibita a hazardous waste characteristic or is llstsd
in 40 CrR 261.33 that Is produced for application to
the land?
| 1 yes I I no
If yes, ths aaterlal ia not a solid wasts.
If no, tha activity raeults in use constitu-
ting disposal and tha aaterlal is a
solid waste. See applicable regula-
tions, below.
S. Ia tha aaterlal used as a fusl or ussd to produce a fuel?
( ) yes ( 1 no
If yes, go on to question (Ba).
If no, go on to question (9).
-------
an. la tha ntiriit a coaaarelal chaaical product that
axhlbita a hazardous «tit« characteristic or la liatad
in 40 CIK 261.13 and that la produced to ba burned aa
fuel?
I 1 I J no
If yaa, tha aatarlal la not a aolld waata.
If no, tha activity raaulta In burning for
anargy racovary, and tha aatarlal la
a aolld waata. Saa applicable ragu-
latlona, balow.
Ia tlia aatarlal uaad or rausad
( ] aa an ingredient In an lnduatrlal procaaa to aake-
a new product without intermediate reclamation
(regeneration or racovary of aatarlala),
( | aa an affective aubstitute for coaaarelal producta
In a particular function or application, or
I J aa a aubatltuta for raw aatarlal feedetock in tha
prlaary production procaaa froa which it waa
generated, without being firet raclaiaad (a
cloaad-loop procaaa)?
If any of tha abova apply, tha activity la uaa or
rauaa, and tha aatarlal ia not a aolld waata.
if nona of tha abova apply, go on to quaation (10}.
Ia tha aatarlal regenerated or ara aatarlala with valua
recovarad froa tha original aatarlal?
I I ( ] no
If yaa, tha activity ia raclaaatlon. Oo on to quaation
(10a).
If no, plaaaa review tha daflnltlona of activitiaa in
thia aanual and raconaidar your anawara, or
call tha RCRA Notlina for aaalatanca.
10a. la tha aatarlal
| J a haiardoua waata liatad undar 40 CrR
261.31 or 261.32 (thla provlaion
axcludaa coaaarelal chaaical producta,
which ara liatad undar 40 CFR 261.33),
[ ) a apant aatarlal exhibiting ona of tha
charactarlatica of a haiardoua waata
given in 40 cnt 261.20-.24, or
I ) a acrap aatalT
If any of tha abova apply, tha aatarlal ia a
aolld waata. Saa appllcabla ragula-
tlona, balow.
If nona of tha abova apply, go on to quaation
(10b).
10b. la tha aatarlal
[ ] aithar a aludga or a by-product that
axhlbita ona of tha charactarlatica of a
haiardoua waata givan in 40 CP* 261.20-
.24, and that ia not liatad undar 40 cm
261.31-.32, or
I | a coaaarelal chaaical product that axhl-
blta a haiardoua waata charactarlatio or
ia liatad undar 40 cnt 261.33?
If any of tha abova apply, tha aatarlal ia
not a aolld waata.
If nona of tha abova apply, plaaaa ravlaw tha
daflnltlona of activitiaa In thla aanual
and raconaidar your anawara, or call tha
RCRA Hotlina lot aaalatanca.
Appllcabla Regulationsi
1, la tha waata axaapt froa regulation (aaa tha liat in Sxhiblt 6)?
| J yaa I 1 i»
If yaa, tha aatarlal ia not ragulatad.
If no, tha aatarlal ia ragulatad. Saa Itaa (2), balow.
Dlacuaalont
Tha aatala ara tha product of tha raclaaatlon of a charactarlatio
apant aatarlal. Such producta ara not aolld waataa thaaaalvaa unlaaa
thay axhlbit a haiardoua waata charactarlatio and (a) ara placad on
tha ground in a aannar constituting diapoaal, (b) ara burnad aa a
fual, or (c) auat ba furthar raclaiaad bafora thay can ba rauaad. In
thla caaa, tha aatala do not axhlbit haiardoua waata charactarlatica.
Thus thay ara not aolld waataa and ara not aubjact to RCRA Subtltla C
ragulation.
Saa Mm
Raclaaatlon - Spant Matarial 25
-------
OfHER - HON-HAZAROOUS SECONDARY MATERIAL 9
Description n|_ Activltyi
Spent platinua catalyats uaad In chealcals Manufacturing (non-
lib tad D| ont Materials that do not exhibit any hazardous wasta
characteristics) are returned to tha Manufacturer, who regenerates
thee.
What lii tha atatua of the spent catalyats?
Que ations:
1. Is the aatarial that la reoycled a secondary aaterial?
(X| yes ( ) no
If yea, go on to question (2).
If no, the aaterial Is not a solid waata.
2. la the aatarial hazardous? (A aatarial is hazardous It it la
listed under 40 CFR 261.30-.33 or exhibits one of the
characteristics of a hatardous wasta given in 40 CFR
261.20-.24, and is not specifically excluded froa the
definition of hazardous wasta under 40 CFR 261.4(b).)
( J yea (*| no
If yes, go on to question (3).
If no, the aatarial Is not a solid waste.
3. Is the aatarial specifically excluded froa tha definition of
solid wasta under 40 CFR 261.4(a) (aee tha list in Exhibit
5)7
( ) yas I J no
If yea, the aatarial Is not a solid waate.
If no, go on to question (4).
4. Is the aaterial inherently waste-like (see the list in
Exhibit 4)7
( J yea ( ) no
If yes, tha aatarial is • solid waste. see applicable
regulations, below.
If no, go on to question (S).
5. Does the activity serve a beneficial use?
I 1 y«» t ) no
K yes, go on to question (6).
If no, the activity la not recycling, and the aaterial
is a aolid wasta. See applicable regulations,
below.
6. la there a feaaibla aaana for recycling the waata?
C ) yes ( 1 no
If yes, go on to question (6a).
If no, go on to question (6b).
6a. la at least 75 percent of the aatarial recycled within
one calendar year?
( J *•» ( 1 no
If yes, go on to question (7).
It no, go on to question (6b).
6b. Is the aatarial a coaaeroial chaaical product t at
exhlbita a hazardous waata characteristic or is lisied
aa a hazardous wasta In 40 CFR 261.33?
J I yes ( J no
If yes, go on to question (7).
If no, tha practice la speculative accuaula-
tlon, and tha aatarial is a aolid
waate. See applicable regulations,
below.
7. Is tha aatarial placed on tha ground or uaad in a product
that is placed on the ground?
( ) yas M no
If yas, go on to question (7a).
If no, go on to queetlon (•).
7a. Is the aaterial a coaaeroial chaaical product that
exhibits a hazardoua waate characteriatlc or is listed
In 40 CFR 261.33 that is produced for application to
tha land?
( ) yas M no
If yes, the aatarial is not a solid waata.
If no, tha activity raaulta In uae
constituting disposal and tha aaterial
la a solid waste. See applicable
regulations, below.
8. Is tha aaterial uaad aa a fuel or used to produce a fuel?
( ) yes I ) no
If yes, go on to question (8a).
If no, go on to question (9).
-------
ii.i. la tha material • commercial chenlcal product that
exhibits a hazardous waata characteristic or la lleted
lit 40 CFR 241.33 and that la produced to be burned as
fuel?
C J yaa I J m>
If yaa, the material is not a solid waata.
If no, tha activity raaulta in burning for
energy recovery, and tha material is a
solid waata. Saa applicable
regulations, below.
Is the material used or reused
I ) aa an ingredient in an industrial process to sake
a naw product without intermediate reclamation
(regeneration or recovery of materials),
( ) as an effective substitute for commercial product*
in a particular function or application, or
| ] as a aubatitute for raw material feedstock in ths
primery production process from which it waa
generated, without being first reclaimed (a
closed-loop proceee)?
It any of the above apply, the activity is use or
reuse, end tha material is not a aolid waste.
If none of the above apply, go on to question (10).
I a the material regenerated or are matariala with value
tacovered from the original material?
| 1 yes J J no
If yes, the activity is reclamation. Co on to question
(10a).
If no, please review tha definitions of activitias in
this manual and reconsider your anawars, or
call tha RCRA Hotline for aaalstance.
lOi. is the matarlal
( 1 a hatardoua waata listed under 40 CPU
2(1.31 or 261.12 (this provision
excludes commercial chemical products,
which are llatad under 40 CFR 261.33),
( ) a spent material exhibiting one of the
charactariatics of a hatardoua waata
given in 40 CFR 261.20-.24, or
( ) a scrap metalT
If any of tha above apply, the matarlal Is
a solid waata. see applicable
regulations, balow.
If none of the ebove apply, go on to queatlon
(10b).
10b. Is tha material
I ] either a sludge or a by-product that
exhibits ons of the charactarletica of a
hazardous wasta given in 40 CFR 261.20-
.24, and that la not listed under 40 CFR
261.31-.32, or
[ J a commercial chemical product that
exhibits a hazardous waata
characteristic or is listed under 40 CFR
261.33?
If any of tha above apply, tha material is
not a solid waste.
If none of the above apply, pleaaa review
the definitions of activities in this
manual and reconsldsr your answers, or
call tha RCRA Hotline for aaslstanca.
Applicable Requlatlone
1. Is the waste exempt from regulation (see the liat in
Exhibit 6)?
I ) y«« C J no
If yae, the matarlal la not rsgulatad.
If no, the material la regulated. See Item (2), below.
Discussion!
The catalysts are not Hated and do not exhibit any
charactariatics of hazardous wasteat therefore, they era not
hazardous. Recycled secondary materiala that are not hazardoua arc
not solid wastes and are not subject to RCRA Subtitle C regulation.
-------
INDEX
CHAPTER 3
This chapter presents em index to the examples in Chapter 2.
Each example (cited by example number rather than by page number)
is referenced by key words that describe the recycled material,
the recycling process, the processes that generate and/or use the
recycled material, or the industry of interest.
The user can consult this index to locate examples similar
to the practice of interest, based on the key words provided.
Acetone
Reclamation - Spent Material 22
Acetylene Gas
Use/Reuse - By-Product 1
Acid Digested Coal Ash
Reclamation - By-Product 11
Acid Etching Solution
Other - Non-Secondary Material 7
Other - Non-Hazardous Secondary Material 3
Other - Non-Hazardous Secondary Material 4
Reclamation - Spent Material 13
Use Constituting Disposal - Spent Material 1
Acid, Spent
Reclamation - Spent Material 11
Activated Carbon Adsorption
(See Carbon adsorption)
3-1
-------
Addition to Water
Use/Reuse - By-Product l
Use/Reuse - Spent Material 2
Use/Reuse - Sludge 3
Adhesive Thinner
Reclamation - Spent Material 27
Adsorptive Bubble Technique
Reclamation - By-Product 11
Air Emission Control Dust
Use/Reuse - Sludge 3
Alcohol
Reclamation - spent Material 26
Alcohols, Heavy
Energy Recovery
Energy Recovery
Energy Recovery
Spent Material 3
By-Product 3
Mixed Material 1
Aluminum
Reclamation
Reclamation
Reclamation
Reclamation
By-Product 11
Spent Material 15
Spent Material 16
Spent-Material 17
Aluminum Production
Use/Reuse - Spent Material 4
Aluminum Sulfate
Reclamation
Reclamation
Reclamation
Spent Material 15
Spent Material 16
Spent Material 17
Aluminum Trichloride
Reclamation - Spent Material 8
Amorphous Polypropylene Residues
Other - Non-Hazardous Secondary Material 6
Other - Non-Hazardous Secondary Material 7
Other - Non-Secondary Material 13
Use Constituting Disposal - By-Product 4
3-2
-------
Arsenic Compounds
Reclamation - Spent Material 12
Asphalt
Other - Non-Hazardous Secondary Material 6
Other - Non-Hazardous Secondary Material 7
Other - Non-Secondary Material 13
Use Constituting Disposal - By-Product 4
Assembly of Chain Saws
Reclamation - Spent Material 27
Assembly of String Trimmers
Reclamation - Spent Material 27
Automobile Shredder Rejects
Reclamation - Scrap Metal 1
Reclamation - Scrap Metal 3
Bag Filter Materials
Use/Reuse - Sludge 5
Baghouse Dust
Reclamation - Sludge 7
Use/Reuse - Sludge 8
Basic Organic Chemicals.
Energy Recovery - Spent Material 2
Battery Crackers
Reclamation - Spent Material 1
Reclamation - Spent Material 2
Battery Manufacturing
Reclamation - By-Product 10*
Reclamation - Scrap Metal 2
Reclamation - Spent Material 3
Benzyl Chloride
Reclamation - By-Product 3
Berms
Other - Non-Hazardous Secondary Material 2
Use Constituting Disposal - Sludge 1
3-3
-------
Blast. Furnace
Energy Recovery - By-Product 1
Energy Recovery - By-Product 2
Use/Reuse - Sludge 6
Use/Reuse - Sludge 7
Blending
Other - Non-Secondary Material 13
Other - Non-Hazardous Secondary Material 6
Other - Non-Hazardous Secondary Material 7
Use Constituting Disposal - By-Product 4
Brass
Reclamation - Sludge 7
Brass Dross Skimmings
Reclamation - By-Product 1
Use Constituting Disposal - By-Product l
Use Constituting Disposal - By-Product 2
Use.Constituting Disposal - By-Product 3
Brass Mill
Other - Non-Secondary Material 6
Reclamation - Sludge 7
Reclamation - Spent Material 11
Brass Production - -
Other Non-Secondary Material 6
Reclamation - Sludge 7
Reclamation - Spent Material 11
Bright Dipping
Reclamation - Spent Material 15
Reclamation - Spent Material 16
Reclamation - Spent Material 17
Briquetting
Use/Reuse - Sludge 8
By-Product
(See Listed By-Product or Characteristic By-Product)
By-Product Recovery
Reclamation - Sludge 8
3-4
-------
Cadmium
Reclamation - Sludge 8
Us* Constituting Disposal - Sludge 6
Carbon
Energy Recovery - By-Product l
Energy Recovery - By-Product 2
Carbon Adsorption
Other - Non-Secondary Material 8
Reclamation - Spent Material 5
Reclamation - Spent Material 9
Reclamation - Spent Material 18
Reclamation - Spent Material 19
Reclamation - Spent Material 20
Carbon Tetrachloride
Other .- Non-Secondary Material 10
Reclamation - By-Product 8
Use/Reuse - By-Product 2
Catalysts
Other - Non-Hazardous Secondary Material 9
Reclamation - Spent Material 8
Use/Reuse - Spent Material 4
Use/Reuse - Spent Material 5 _
Catholyte <
Other - Non-Hazardous Secondary Material 8
Reclamation - Spent Material 25
Chain Saw Assembly
Reclamation - Spent Material 27
Characteristic By-Product
Energy Recovery - By-Product 3
Energy Recovery - Mixed Material 1
Energy Recovery - Spent Material 3
Other - Non-Hazardous Secondary Material 6
Other - Non-Hazardous Secondary Material 7
Other - Non-Secondary Material 10
Other - Non-Secondary Material 13
Reclamation - By-Product 1
Reclamation - By-Product 4
Reclamation - By-Product 7
Reclamation - By-Product 8
3-5
-------
Characteristic By-Product, continued
Reclamation - By-Product 9
Reclamation - By-Product 10
Reclamation - By-Product 11
Use Constituting Disposal - By-Product 1
Use Constituting Disposal - By-Product 2
Use Constituting Disposal - By-Product 3
Use Constituting Disposal - By-Product 4
Use/Reuse - By-Product 1
Use/Reuse - Sludge 7
Characteristic Scrap Hetal
Reclamation - Scrap Metal l
Reclamation - Scrap Metal 2
Reclamation - Scrap Hetal 3
Characteristic Sludge
Other 7 Non-Hazardous Secondary Material 2
Reclamation - Sludge 4
Reclamation - Sludge 5
Reclamation - Sludge 7
Reclamation - Sludge 8
Reclamation - Sludge 10
.Reclamation - Sludge 11
Use Constituting Disposal - Sludge 1
Use Constituting Disposal - Sludge 2
Use Constituting Disposal-- Sludge 3 -
Use Constituting Disposal - Sludge 4
Use Constituting Disposal - Sludge 5
Use Constituting Disposal - Sludge 6
Use/Reuse - Sludge 2
Use/Reuse - sludge 3
Use/Reuse - Sludge 4
Use/Reuse - Sludge 6
Use/Reuse - Sludge 8
Characteristic Spent Material
Energy Recovery - By-Product 3
Energy Recovery - Mixed Material 1
Energy Recovery - Spent Material 1
Energy Recovery - Spent Material 3
Other - Non-Hazardous Secondary Material 3
Other - Non-Hazardous Secondary Material 4
Other - Non-Hazardous Secondary Material 8
Other - Non-Secondary Material 6
Other - Non-Secondary Material 7
-------
Characteristic Spent Material (continued)
Other - Non-Secondary Material 14
Other - Spent Material 1
Other - Spent Material 2
Other - Spent Material 3
Other - Spent Material 4
Reclamation - Spent Material 1
Reclamation - Spent Material 2
Reclamation - Spent Material 3
Reclamation - Spent Material 6
Reclamation - Spent Material 8
Reclamation - Spent Material 11
Reclamation - Spent Material 13
Reclamation - Spent Material 15
Reclamation - Spent Material 16
Reclamation - Spent Material 17
Reclamation - Spent Material 23
Reclamation - Spent Material 25
Reclamation - Spent Material 26
Use Constituting Disposal - Non-Hazardous Secondary Material 1
Use Constituting Disposal - Spent Material 1
Use Constituting Disposal - Spent Material 2
Use/Reuse - Spent Material 3
Use/Reuse - Spent Material 4
Use/Reuse - Spent Material 5
Use/Reuse - Spent Material 6
Use/Reuse - Spent Material 7
Use/Reuse - Spent Material 8
Chemical Manufacturing
Energy Recovery - By-Product 3
Energy Recovery - Mixed Material 1
Energy Recovery - Spent Material 3
Other - Non-Hazardous Secondary Material 2
Other - Non-Hazardous Secondary Material 9
Reclamation - Spent Material 8
Reclamation - By-Product 3
Reclamation - By-Product 4
Use Constituting Disposal - Sludge 1
Use/Reuse - Spent Material 4
Use/Reuse - Spent Material 5
Chloralkali Sludges
Reclamation - By-Product 6
3-7
-------
Chloride
Reclamation
Reclamation
- By-product 3
- By-Product 4
Chlorinated Organic Solvents
Use/Reuse - Spent Material 8
Chlorination
Other - Non-Secondary Material 10
Reclamation - By-Product 8
Chlorine
Reclamation - By-Product 3
Reclamation - By-Product 4
Chlorine Production
Reclamation - By-Product 5
Chioromethanes
Other - Non-Secondary Material 10
Reclamation - By-Product 8
Chlorinated Hydrocarbon Waste
Reclamation - By-Product 5
Chromic Acid
Other - Non-Secondary Material 9
Other - Non-Secondary Material 12
Reclamation - Sludge 3
Reclamation - Spent Material 4
Chromium
Other - Non-Hazardous Secondary Material 8
Other - Non-Secondary Material 9
Other - Non-Secondary Material 12
Reclamation - By-Product 11
Reclamation - Sludge 3
Reclamation - Spent Material 4
Reclamation - Spent Material 25
Chromium Hydroxide
Use/Reuse - Sludge 1
Chromium Sulfate
Use/Reuse - Sludge 1
3-8
-------
Circuit Boards
Other "- Non-Secondary Material 4
Cleaning
Other - Non-Secondary Material 11
Reclamation - Spent Material 22
Closed Loop Process
Use/Reuse - Sludge 2
Use/Reuse - Spent Material 3
Use/Reuse - Sludge 4
Use/Reuse - Sludge 5
Use/Reuse - Sludge 6
Use/Reuse - Sludge 7
Use/Reuse - Sludge 8
Coal
Energy Recovery - By-Product 1
Energy.Recovery - By-Product 2
Coal Ash
Reclamation - By-Product 11
Coated Fabric Production
Other - Non-Secondary Material 11
Cobalt
Reclamation - By-Product 11
Coke
Energy Recovery - By-Product 1
Energy Recovery - By-Product 2
Energy Recovery - By-Product 4
Collection
Use/Reuse - Sludge 8
Column Bottoms
other - Non-Secondary Material 2
Other - Non-Secondary Material 5
Reclamation - By-Product 2
Commercial Chemical Product
Other - Non-Secondary Material 15
Reclamation - Spent Material 24
3-9
-------
Commercial Conditioning Agent
Other - Spent Material 4
Commercial Product substitute
(See substitute for commercial product)
Computer Manufacturing
Reclamation - Sludge 9
Concentrate
Other - Non-Secondary Material 14
Reclamation - Spent Material 23
Concentration
Other - Non-Secondary Material 14
Reclamation - Spent Material 7
Reclamation - Spent Material 23
Condensate
Reclamation - By-Product 7
Condensation
Reclamation - By-Producrt 6
Reclamation - Spent Material 15
Reclamation - Spent Material 16
Reclamation - Spent Material 17
Continued Use of Material
Other - Non-Secondary Material 1
Other - Non-Secondary Material 3
Other - Non-Secondary Material 4
Converter
Use/Reuse - Sludge 4
Copper
Other - Non-Secondary Material 6
Other - Non-Secondary Material 14
Reclamation - By-Product 1
Reclamation - By-Product 11
Reclamation - By-Product 18
Reclamation - sludge 9
Reclamation - Sludge 10
Reclamation - Spent Material 23
Use Constituting Disposal - Sludge 6
Use/Reuse - Spent Material 3
3-10
-------
Copper Electroplating
Other - Non-Secondary Material 14
Reclamation - Spent Material 23
Copper Production
Use/Reuse - Spent Material 3
Use/Reuse - Sludge 4
Cyanide Plating Bath
Other - Non-Secondary Material 8
Reclamation - Spent Material 19
Reclamation - Spent Material 20
Decanter Tank Tar Sludge
Energy Recovery - By-Product 1
Energy Recovery - By-Product 2
Energy Recovery - By-Product 4
Decanting
Reclamation - Spent Material 5
Decolorization Operations
Reclamation - Spent Material 12
Degreesing
Other - Non-Hazardous Secondary Material 6
Other - Non-Hazardous Secondary Material 7
Other - Non-Secondary Material 13
Reclamation - Spent Material 21
Use Constituting Disposal - By-Product 4
Demisting
Reclamation - By-Product 6
Dewacering
Reclamation - By-Product 6
Reclamation - Sludge 9
Diaphragm Cell Process
Reclamation - By-Product 5
Diluents
Reclamation - Spent Material 18
3-11
-------
Distillate
Other - Non-Secondary Material 14
Reclamation - Spent Material 23
Distillation
Energy Recovery - Spent Material 1
Other - Non-Secondary Material 10
Reclamation
Reclamation
Reclamation
Reclamation
Reclamation
Reclamation
Reclamation
Reclamation
Reclamation
Reclamation
Reclamation
By-Product 3
By-Product 4
By-Product 7
By-Product 8
By-Product 11
By-Product 16
Sludge 4
Spent Material 10
Spent Material 21
Spent Material 22
Spent Material 26
Distillation Bottoms
Use/Reuse - By-Product 2
Distillation Residue
Energy Recovery - Spent Material 1
Dredging
Energy Recovery - Non-Secondary Material 1
Dross Furnace
Use/Reuse - Sludge 2
Dross Skimmings
Reclamation - By-Product l
Use Constituting Disposal - By-Product 1
Use Constituting Disposal - By-Product 2
Use Constituting Disposal - By-Product 3
Dusts, Blast Furnace
Use/Reuse - Sludge 7
Electrolytes
Reclamation - Spent Material 3
Electrolytic Stripping
Reclamation - Sludge 11
3-12
-------
Electronics Manufacturing
Reclamation - Sludge 9
Electroplating
Other - Non-Secondary Material 8
Other - Non-Secondary Material 14
Reclamation - Sludge 8
Reclamation - Spent Material 19
Reclamation - Spent Material 20
Reclamation - Spent Material 23
Electroplating Sludge
Reclamation - Sludge 9
Electrostatic Precipitator Ash
Reclamation - Sludge 11
Emission Control Dust
Reclamation - Sludge 5
Reclamation - Sludge 8
Use/Reuse - Sludge 2
Use/Reuse - Sludge 4
Use/Reuse - Sludge 6
Equipment Washing
Other - Non-Secondary Material 11
Etchants
Other- Non-Hazardous Secondary Material 8
Reclamation - Spent Material 25
Etching Solution
Use/Reuse - Spent Material 6
Ethyl Alcohol
Energy Recovery - Spent Material 1
Reclamation - Spent Material 6
Evaporation
Other - Non-Secondary Material 8
Other - Non-Secondary Material 14
Reclamation - Spent Material 7
Reclamation - Spent Material 15
Reclamation - Spent Material 16
Reclamation - Spent Material 17
Reclamation - Spent Material 19 .
3-13
-------
Evaporation, continued
Reclamation - Spent Material 20
Reclamation - Spent Material 23
Use/Reuse - Spent Material 6
Excluded
Other - Spent Material 1
Other - Spent Material 2
* Other - Spent Material 3
Exempt
Energy Recovery - By-Product 2
Reclamation - Scrap Metal 1
Reclamation - Scrap Metal 2
Reclamation - Scrap Metal 3
Reclamation - Sludge 2
Reclamation - Spent Material 1
Reclamation - Spent Material 3
Reclamation - Spent Material 6
Use Constituting Disposal - Sludge 4
Explosives
Reclamation - Sludge 6
F001 Waste
Reclamation - Spent Material 5
F001-F005 Wastes
Reclamation - Spent Material 9
Reclamation - Spent Material 21
F002 Waste
Reclamation - Spent Material 10
F003 Waste
Reclamation - Spent Material 22
F005 Waste
Other - Non-Secondary Material 11
Reclamation - Spent Material 27
F006 Waste
Reclamation - Sludge 2
Reclamation - Sludge 9
Use/Reuse - Sludge 1
3-14
-------
F007 Wast*
Other - Non-Secondary Material 8
Other - Non-Secondary Material 9
Other - Non-Secondary Material 12
Reclamation - Spent Material 4
Reclamation - Sludge 3
Reclamation - Spent Material 19
Reclamation - Spent Material 20
F021 Waste
Use/Reuse - Sludge 5
Ferric Chloride
Reclamation - Spent Material 7
Ferrous Chloride
Reclamation - Spent Material 7
Fertilizer
Other - Non-Hazardous Secondary Material 2
Other - Non-Hazardous Secondary Material 3
Other - Non-Hazardous Secondary Material 4
Reclamation - By-Product 1
Use Constituting Disposal - By-Product 1
Use Constituting Disposal - By-Product 2
Use Constituting Disposal - By-Product 3
Use Constituting Disposal - Non-Hazardous Secondary Material 1
Use Constituting Disposal - Sludge 1
Use Constituting Disposal - Sludge 2
Use Constituting Disposal - Sludge 3
Use Constituting Disposal - Sludge 4
Use Constituting Disposal - Sludge 5
Use Constituting Disposal - Sludge 6
Use Constituting Disposal - Spent Material 1
Use Constituting Disposal - Spent Material 2
Filter Press Sludge
Other - Non-Hazardous Secondary Material 5
Filtration
Use/Reuse - Spent Material 6
3-15
-------
Flu* Dusts
Reclamation - Sludge 10
Use Constituting Disposal - Sludge 2
Use Constituting Disposal - Sludge 3
Use Constituting Disposal - Sludge 4
Use Constituting Disposal - Sludge 5
Flue Gas
Reclamation - Sludge 11
Fluoridating Agent
Use/Reuse - Sludge 3
Food-Grade Phosphoric Acid
Use/Reuse - Spent Material 5
Friedel Krafts Catalyst
Use/Reuse - Spent Material 4
Fuel
Energy Recovery - By-Product 4
Further Reelamation
Other - Non-Secondary Material 15
Reclamation Spent Material 24
Galvanized Metals
Reclamation - Sludge"10
Reclamation - Sludge 11
Gold
Reclamation - Sludge 2
Graphic Arts Industry
Reclamation - Spent Material 18
Graphite Anodes
Reclamation - By-Product 5
Greases
Reclamation - Spent Material 21
Halogenated Solvents
Reclamation - Spent Material 10
3-16
-------
Heavy Alcohols
Energy Recovery - By-Product 3
Energy Recovery - Mixed Material 1
Energy Recovery - Spent Material 3
Heavy Ends
Other - Non-Secondary Material 2
Other - Non-Secondary Material 5
Reclamation - By-Product 2
Heavy Metals
Use Constituting Disposal - Sludge 6
Heavy Residuals
Energy Recovery - By-Product 3
Energy Recovery - Spent Material 3
Herbicides
Reclamation - Sludge 4
Hexachlorobenzene
Other - Non-Secondary Material 10
Reclamation - By-Product 8
Hexachlorobutadiene
Other - Non-Secondary Material 2
Other - Non-Secondary Material 5
Other - Non-Secondary Material 10
Reclamation - By-Product 2
Reclamation - By-Product 8
Hydrocarbon Waste
Reclamation - By-Product 5
Hydrocarbons
Energy Recovery - By-Product 3
Energy Recovery - Mixed Material 1
Energy Recovery - Spent Material 3
Hydrochloric Acid
Reclamation - By-Product 3
Reclamation - By-Product 4
Use/Reuse - Spent Material 8
Hydrofluoric Acid
Use/Reuse - Spent Material 6
3-17
-------
Hydrofluorosilicic Acid
Use/Reuse - Sludge 3
Incinerator
Reclamation - Sludge 11
Industrial Boiler
Energy Recovery - Spent Material 2
Industrial Ethyl Alcohol
Energy Recovery - Spent Material 1
Reclamation - Spent Material 6
Ingredient
Use/Reuse - By-Product 2
Use/Reuse - Sludge 1
Use/Reuse - Spent Material 6
Use/Reuse - Spent Material 7
Inherently Waste-Like
Use/Reuse - Sludge 5
Inks
Reclamation - Spent Material 18
Integrated Circuits
Reclamation - By-Product 10
Ion Exchange
Other - Non-Secondary Material 9
Other - Non-Secondary Material 12
Reclamation - Sludge 3
Reclamation - Sludge 4
Reclamation - Spent Material 4
Reclamation - Spent Material 15
Reclamation - Spent Material 16
Reclamation - Spent Material 17
Iridium
Reclamation - Sludge 2
Iron
Reclamation - By-Product 11
3-18
-------
Iron Oxide
Use/Reuse - Spent Material 7
Iaopropyl Alcohol
Reclamation - Spent Material 26
K014 Haste
Reclamation - By-Product 3
K016 Waste
Use/Reuse - By-Product 2
K030 Waste
Other - Non-Secondary Material 2
Other - Non-Secondary Material 5
Reclamation - By-Product 2
K045 Waste
Reclamation - Sludge 6
K047 Waste
Use/Reuse - Spent Material 1
K061 Waste
Use/Reuse - Sludge 6
Use/Reuse - Sludge 8
K062 Waste
Other- Non-Secondary Material 6
Reclamation - Spent Material 7
Reclamation - Spent Material 11
Reclamation - Spent Material 14
Use/Reuse - Spent Material 2
X071 Waste
Reclamation - By-Producrt 6
K073 Waste
Reclamation - By-Product 5
K086 Waste
Reclamation - Spent Material 18
3-19
-------
K087 Waste
Energy Recovery - By-Product 1
Energy Recovery - By-Product 2
Energy Recovery - By-Product 4.
K102 Waste
Reclamation - Spent Material 12
Ketones
Energy Recovery - By-Product 3
Energy Recovery - Mixed Material l
Energy Recovery - Spent Material 3
Kieselguhr Clay
Use/Reuse - Spent Material 5 -
Landfill Cover Material
Other - Non-Hazardous Secondary Material 2
Use Constituting Disposal - Sludge 1
Lanolin
Reclamation - Spent Material 21
Lead
Reclamation - By-Product 5
Reclamation - By-Product 10
Reclamation - By-Product 11
Reclamation - Spent Material 1
Reclamation - Spent Material 2
Use Constituting Disposal - Sludge 6
Lead Acid-Batteries
Reclamation - By-Product 10
Leather Tanning
Use/Reuse - Sludge 1
Levees
Other - Non-Hazardous Secondary Material 2
Use Constituting Disposal - Sludge 1
Lime
Use/Reuse - By Product 1
3-20
-------
Liquid-Liquid Extraction
Reclamation - Spent Material 14
Listed
(See numerical listing, e.g., K062)
Listed By-Product
Energy Recovery - By-Product l
Energy Recovery - By-Product 2
Energy Recovery - By-Product 4
Other - Non-Secondary Material
Other - Non-Secondary Material
Reclamation - By-Product 2
Reclamation - By-Product 3
Reclamation - By-Product 5
Reclamation - By-Product 6
Use/Reuse - By-Product 2
Listed Sludge
Other - Non-
Reclamation
Reclamation
Reclamation
Reclamation
Reclamation
Reclamation
Use/Reuse -
Use/Reuse -
Reclamation
Reclamation
Reclamation
Reclamation
Reclamation
Reclamation
Reclamation
Reclamation
Reclamation
¦Secondary Material 12
- Sludge 1
- Sludge 2
- Sludge 3
- Sludge 6
- Sludge 9
- Spent Material 4
Sludge 1
Sludge 5
Listed Spent Material
Other - Non-Secondary Material 8
Other - Non-Secondary Material 9
Other - Non-Secondary Material 11
Other - Non-Secondary Material 12
Sludge 3
Spent
Material
4
Spent
Material
5
Spent
Material
7
Spent
Material
9
Spent
Material
10
Spent
Material
11
Spent
Material
12
Spent
Material
14
Spent
Material
18
3-21
-------
Listed Spent Material, continued
Reclamation - spent Material 19
Reclamation - Spent Material 20
Reclamation - Spent Material 21
Reclamation - spent Material 22
Reclamation - Spent Material 24
Reclamation - Spent Material 27
Use/Reuse - Spent Material 1
Use/Reuse - Spent Material 2
Magnesium Casting
Reclamation - Spent Material 27
Manganese
Reclamation - By-Product 11
Marine Fuel
Energy Recovery - By-Product 3
Energy Recovery - Mixed Material 1
Energy Recovery - Spent Material 3
Mercury
Reclamation - By-Product 6
Metal Cations
Reclamation - By-Product 11
Metal degreasers
Other - Non-Secondary Material 4
Metal Finishing
Other - Non-Secondary Material 9
Other - Non-Secondary Material 12
Reclamation - Sludge 2
Reclamation - Sludge 3
Reclamation - Sludge 8
Reclamation - Spent Material 4
Use Constituting Disposal - Non-Hazardous Secondary Material 1
Use Constituting Disposal - Spent Material 2
Use/Reuse - Sludge 1
Metal Refining
Use Constituting Disposal - Sludge 2
Use Constituting Disposal - Sludge 3
Use Constituting Disposal - Sludge 4
Use Constituting Disposal - Sludge 5
3-22
-------
Metallurgical Industries
Use/Reuse - Spent Material 6
Metals
Other - Non-Hazardous Secondary Material 8
Reclamation - By-Product 1
Reclamation - Spent Material 25
Use Constituting Disposal - Sludge 1
Metals, Galvanized
Reclamation - Sludge 10
Reclamation - Sludge 11
Metals, Heavy
Use Constituting Disposal - Sludge 6
Metals, Non-Ferrous Mixed
Reclamation - Scrap Metal 1
Reclamation - Scrap Metal 3
Metals, Unspecified
Other - Non-Hazardous Secondary Material 2
Reclamation - Sludge 9
Methanol
Other - Non-Secondary Material 15
Reclamation - Sludge 4
Reclamation - Spent Material 24
Methyl Ethyl Ketone
Other - Non-Secondary Material 17
Reclamation - Spent Material 27
Methylene Chloride
Reclamation - By-Product 9
Reclamation - Spent Material 10
Use/Reuse - Spent Material 8
Mixed Metals
Reclamation - Scrap Metal 1
Reclamation - Scrap Metal 3
3-23
-------
Mixing
Energy Recovery - By-Product 3
Energy Recovery - Mixed Material l
Energy Recovery - Spent Material 3
Motor Oil Production
Other - Spent Material 1
Municipal Incinerator
Reclamation - Sludge 11
Municipal Wastewater Treatment Sludge
Use Constituting Disposal - Sludge 6
Natural Gas Transmission
Energy Recovery - Non-Secondary Material 1
Neutralization
Other - Non-Secondary Material 9
Other - Non-Secondary Material 12
Reclamation - Sludge 3
Reclamation - Spent Material 4
Reclamation - Spent Material 7
Nickel
Reclamation - By-Product 11
Use Constituting Disposal - Sludge 6
Nickel Tube
Other - Non-Secondary Material 10
Reclamation - By-Product 8
Nitric Acid
Reclamation - Spent Material 15
Reclamation - Spent Material 16
Reclamation - Spent Material 17
Non-Beneficial Use
Other - Spent Material 4
Non-Magnetic Shredder Rejects
Reclamation - Scrap Metal 1
Reclamation - Scrap Metal 3
3-24
-------
Non-Ferrous Mixed Metals
Reclamation - scrap Metal 1
Reclamation - Scrap Metal 3
Oils
Reclamation - Spent Material 26
Olefin Polymerization Catalyst
Use/Reuse - Spent Material 5
Oleum
Other - Spent Material 1
Organic Chemicals Manufacturing
Energy Recovery - Spent Material 2
Organic Intermediates
Energy Recovery - Spent Material 2
Organic Solvents
Use/Reuse - Spent Material 8
Organo-Arsenic Compounds
Reclamation - Spent Material 12
Organo-Tin Manufacturing
Other - Non-Hazardous Secondary Material
Osmium
Reclamation - Sludge 2
Oxides
Reclamation - By-Product 1
Reclamation - Spent Material 1
Reclamation - Spent Material 2
Use Constituting Disposal - By-Product 1
Use Constituting Disposal - By-Product 2
Use Constituting Disposal - By-Product 3
Paint Manufacture
Other - Non-Secondary Material 7
Reclamation - Spent Material 13
Palladium
Reclamation - Sludge 2
3-25
-------
Paper Industry
Use/Reuse - Spent: Material 1
Pentachlorphenol
Use/Reuse - Sludge 5
Perchloroethylene
Other - Non-Secondary Material 2
Other - Non-Secondary Material 5
Reclamation - By-Product 2
Perfumes
Reclamation - Spent Material 26
Petroleum Fractionalization
Use/Reuse - Spent Material 5
Petroleum Refining
Reclamation - By-Product 7
pH Adjustment
Reclamation - By-Product 11
Pharmaceutical Manufacturing
Other - Non-Secondary Material 15
Reclamation - Spent Material 24
Phenol
Reclamation - By-Product 7
Phenoxy Herbicides
Reclamation - Sludge 4
Phosphoric Acid
Reclamation - Spent Material 15
Reclamation - Spent Material 16
Reclamation - Spent Material 17
Use/Reuse - Spent Material 5
Pickle Liquor
Other - Non-Secondary Material 6
Reclamation - Spent Material 7
Reclamation - Spent Material 14
Use/Reuse - Spent Material 2
Use/Reuse - Spent Material 8
3-26
-------
Pickling
Reclamation - Spent Material 14
Use/Reuse - Spent Material 8
Pink/Red Water
Use/Reuse - Spent Material 1
Pipeline Condensate
Energy Recovery - Non-Secondary Material 1
Plasticizers
Energy Recovery - Spent Material 2
Plating Bath
Other - Non-Secondary Material 9
Other - Non-Secondary Material 12
Other - Non-Secondary Material 14
Reclamation - Sludge 3
Reclamation - Spent Material 4
Reclamation - Spent Material 23
Plating Bath Rinsewaters
Other - Non-Secondary Material 14
Reclamation - Spent Material 23
Platinum -
Reclamation - Sludge 2
Platinum Catalysts
Other - Non-Hazardous Secondary Material 9
Pollution Control
Reclamation - Sludge 4
Polymeric Residues
Other - Non-Hazardous Secondary Material 6
Other - Non-Hazardous Secondary Material 7
Other - Non-Secondary Material 13
Use Constituting Disposal - By-Product 4
Polypropylene
Other - Non-Hazardous Secondary Material 6
Other - Non-Hazardous Secondary Material 7
Other - Non-Secondary Material 13
Use Constituting Disposal - By-Producrt 4
3-27
-------
Polyurethane Waste
Reclamation - By-Product 9
Potassium Fluoride
Use/Reuse - Spent Material 6
Potassium Hydroxide
Use/Reuse - Spent Material 6
Precious Metals
Reclamation - Sludge 2
Preservative
Use/Reuse - Spent Material 6
Press and Roller Cleanup
Other - Non-Secondary Material 3
Primary Smelting
Reclamation - Sludge 5
Reclamation - Sludge 8
Use/Reuse - Sludge 2
Printed Circuit Boards
Reclamation - By-Product 10
Reclamation - Spent Material 9
Printing and Coating Operations
Other Non-Secondary Material 3
Printing and Publishing Industry
Reclamation - Spent Material 18
Process Water
Other - Non-Secondary Material 14
Reclamation - Spent Material 23
Processor
Other - Non-Hazardous Secondary Material 6
Other - Non-Hazardous Secondary Material 7
Other - Non-Secondary Material 13
Use Constituting Disposal - By-Product 4
3-28
-------
Product of Reclamation
Energy Recovery - Spent Material l
Other - Non-Hazardous Secondary Material 2
Other - Non-Hazardous Secondary Material 3
Other - Non-Hazardous Secondary Material 4
Other - Non-Hazardous Secondary Material 6
Other - Non-Hazardous Secondary Material 7
Other - Non-Hazardous Secondary Material 8
Other - Non-Secondary Material 2
Other - Non-Secondary Material 5
Other - Non-Secondary Material 7
Other - Non-Secondary Material 8
Other - Non-Secondary Material 9
Other - Non-Secondary Material 10
Other - Non-Secondary Material 12
Other - Non-Secondary Material 13
Other - Non-Secondary Material 14
Other - Non-Secondary Material 15
Reclamation - Scrap Metal 3
Reclamation - Spent Material 2
Reclamation - Spent Material 16
Reclamation - Spent Material 17
Reclamation - Spent Material 20
Pulping Liquor
Use/Reuse - Spent Material 1
. - Other - Spent Material 2
Purification
Reclamation - By-Product 5
Reclamation - Spent Material 19
Reclamation - Spent Material 20
Use/Reuse - Spent Material 6
Pyrolitic Plant
iJse/Reuse - Sludge 2
Quick Drying
Reclamation - Spent Material 27
Refuse Incineration
Reclamation - Sludge 11
3-29
-------
Regeneration
Other - Non-Secondary Material 9
Other - Non-Secondary Material 12
Other - Non-Secondary Material 15
Other - Non-Hazardous Secondary Material 8
Other - Non-Hazardous Secondary Material 9
Reclamation - Sludge 1
Reclamation - Sludge 3
Reclamation - Sludge 4
Reclamation - Sludge 6
Reclamation - Spent Material 3
Reclamation - Spent Material 4
Reclamation - Spent Material 5
Reclamation - Spent Material 6
Reclamation - Spent Material 9
Reclamation - Spent Material 10
Reclamation - Spent Material 11
Reclamation - Spent Material 12
Reclamation - Spent Material 14
Reclamation - Spent Material 18
Reclamation - Spent Material 21
Reclamation - Spent Material 22
Reclamation - Spent Material 24
Reclamation - Spent Material 25
Reclamation - Spent Material 26
Residuals, Heavy
Energy Recovery - By-Product 3
Energy Recovery - Mixed Material 1
Energy Recovery - Spent Material 3
Residue from Reclamation
Energy Recovery - Spent Material 1
Resin
Other - Non-Secondary Material 9
Other - Non-Secondary Material 12
Reclamation - Sludge 3
Reclamation - Sludge 4
Reclamation - Spent Material 4
Reclamation - Spent Material 15
Reclamation - Spent Material 16
Reclamation - Spent Material 17
3-30
-------
Reverse Osmosis System
Other - Non-Secondary Material 14
Reclamation - Spent Material 23
Rhodium
Reclamation - Sludge 2
Rinsewaters
Other - Non-Secondary Material 14
Reclamation - Spent Material 23
Rinsing Operations
Other - Non-Secondary Material 8
Reclamation - Spent Material 19
Reclamation - Spent Material 20
Roasting
Reclamation - By-Product 6
Use/Reuse - Sludge 4
Ruthenium
Reclamation - Sludge 2
Scouring Operations
Reclamation - Spent Material 21
Scrap*Metal
Reclamation - Scrap Metal 1
Reclamation - Scrap Metal 2
Reclamation - Scrap Metal 3
Secondary Smelting
Other - Non-Hazardous Secondary Material 5
Other - Non-Hazardous Secondary Material 8
Reclamation - By-Product 1
Reclamation - By-Product 5
Reclamation - By-Product 10
Reclamation - Scrap Metal 1
Reclamation - Scrap Metal 2
Reclamation - Scrap Metal 3
Reclamation - Sludge 7
Reclamation - Sludge 8
Reclamation - Sludge 10
Reclamation - Spent Material 1
Reclamation - Spent Material 2
3-31.
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Secondary Smelting, continued
Reclamation - Spent Material 25
Use Constituting Disposal - By-Product 1
Use Constituting Disposal - By-Product 2
Use Constituting Disposal - By-Product 3
Segregation
Other - Non-Secondary Material 3
Separation
Reclamation - By-Product 1
Sham Recycling
Other - Spent Material 4
Shredder Rejects
Reclamation - Scrap Metal 1
Reclamation - Scrap Metal 3
Silver
Reclamation - Sludge 2
Sintering Plant
Use/Reuse - Sludge 6
Sludge
(See Listed Sludge or Characteristic Sludge)
Smelting
(See Primary Smelting or Secondary Smelting)
Sodium Hydroxide
Other - Non-Secondary Material 9
Other - Non-Secondary Material 12
Reclamation - Sludge 3
Reclamation - Spent Material 4
Solder Drosses
Reclamation - By-Product 10
3-32
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Solvents
Energy Recovery - By-Product 3
Energy Recovery - Mixed Material 1
Energy Recovery - Spent Material 2
Energy Recovery - Spent Material 3
Other - Non-Hazardous Secondary Material 6
Other - Non-Hazardous Secondary Material 7
Other - Non-Secondary Material 4
Other - Non-Secondary Material 13
Reclamation - Spent Material 5
Reclamation - Spent Material 9
Reclamation - Spent Material 10
Reclamation - Spent Material 18
Reclamation - Spent Material 21
Use Constituting Disposal - By-Product 4
Use/Reuse - Spent Material 8
Solvent Extraction
Reclamation - By-Product 7
Spent Activated Carbon
Reclamation - Sludge 1
Spent Carbon
Other - Non-Hazardous Secondary Material 1
Reclamation - Sludge 6
Reclamation --Spent Material*12
Spent Electrolyte
Use/Reuse - Spent Material 3
Spent Lead-Acid Batteries
Reclamation - Spent Material 1
Reclamation - Spent Material 2
Use Constituting Disposal - Non-Hazardous Secondary Material 1
Use Constituting Disposal - Spent Material 2
Spent Material
(See Listed Spent Material or Characteristic Spent Material)
Steam Stripper Condensate
Reclamation - By-Product 7
3-33
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Steel
Energy Recovery - By-Product 1
Energy Recovery - By-Product 2
Reclamation - Spent Material 14
Use/Reuse - sludge 6
Steel Pickling
Use/Reuse - Spent Material 8
Steel Production
Use/Reuse - Sludge 8
Still Bottoms
Reclamation - By-Product 3
Reclamation - By-Product 4
String Trimmer Assembly
Reclamation - Spent Material 27
Substantially Complete Reclamation
Other - Non-Secondary Material 15
Reclamation - Spent Material 24
Substitute for Commercial Product
Use/Reuse - By-Product 1
Use/Reuse - Sludge 3
Use/Reuse - Sludge 8
Use/Reuse - Spent Material 1
Use/Reuse - Spent Material 2
Use/Reuse - Spent Material 8
Substitute for Raw Material
Energy Recovery - By-Product l
Energy Recovery - By-Product 2
Substrate
Other - Non-Hazardous Secondary Material 8
Reclamation - Spent Material 25
Sulfite
Reclamation - By-Product 11
Use/Reuse - Spent Material 1
Sulfur Dioxide
Other - Spent Material 3
3-34
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Sulfuric Acid
Other - Non-Hazardous Secondary Material 8
Other - Spent Material 1
Other - Spent Material 3
Other - Spent Material 4
Reclamation - Spent Material 15
Reclamation - Spent Material 16
Reclamation - Spent Material 17
Reclamation - Spent Material 25
Use Constituting Disposal - Non-Hazardous Secondary Material 1
Use Constituting Disposal - Spent Material 2
Use/Reuse - Sludge 1
Use/Reuse - Spent Material 7
Surface Finishing
Other - Non-Hazardous Secondary Material 8
Reclamation - Spent Material 25
Synthetic Rubber
Other - Non-Secondary Material 11
TNT Production
Use/Reuse - Spent Material 1
Tank House
Use/Reuse - Sludge 4
Tetradhloroethy1ene
Use/Reuse - By-Product 2
Thinner
Other - Non-Secondary Material 3
Thinner, Adhesive
Reclamation - Spent Material 27
Tin
Other - Non-Secondary Material 18
Toluene
Other - Non-Secondary Material 3
Reclamation - Spent Material 5
Torpedo
Other - Non-Secondary Material 1
3-35
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Treatment
Other - Non-Secondary Material 9
Other - Non-Secondary Material 12
Reclamation - Sludge 3
Reclamation - Spent Material 4
Trivalent Chromium
Other - Non-Hazardous Secondary Material 8
Reclamation - Spent Material 25
Unreacted Raw Material
Other - Non-Secondary Material 1
Unused Propulsion Fuel
Other - Non-Secondary Material 1
Used Batteries
Reclamation - Spent Material 3
Vanadium
Reclamation - By-Product 11
Reclamation - Spent Material 8
Vanadium Trichloride
Reclamation - Spent Material 8
Veterinary Pharmaceuticals
Reclamation - Spent Material 12
Volatile Materials
Other - Non-Secondary Material 2
Other - Non-Secondary Material 5
Reclamation - By-Product 2
Washing
Other - Non-Secondary Material 11
Waste-Derived Fuel
Energy Recovery - Mixed Material 1
Wastewater
Reclamation - Sludge 6
3-36
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Wastewater Conditioner
Other - Spent Material 4
Use/Reuse - By-Product 1
Use/Reuse - Spent Material 2
Wastewater Treatment
Reclamation - Sludge 6
Reclamation - Sludge 9
Wastewater Treatment Sludge
Reclamation - Sludge 2
Reclamation - Sludge 6
Reclamation - Sludge 9 .
Use Constituting Disposal - Sludge 6
Water Elutriator System
Reclamation - Scrap Metal.,
Reclamation - Scrap Metal 3
Water Fluoridating Agent
Use/Reuse - Sludge 3
Wet Process Phosphoric Acid Production
Use/Reuse - Spent Material 5 ,
.Wool Industry
Reclamation - Spent Material .21
-• -•»
Ziegler Natta Polymerization Catalyst -
Reclamation - Spent Material 8
Zinc
Other - Non-Hazardous Secondary Material 3
Other - Non-Hazardous Secondary Material 4
Other - Non-Secondary Material 7
Other - Non-Secondary Material 14
Reclamation - By-Product 1
Reclamation - .By-Product 11
Reclamation - Sludge 5
Reclamation - Sludge 7
Reclamation - Sludge 3
Reclamation - Sludge 10
Reclamation - Sludge 11
Reclamation - Spent Material 13
Reclamation - Spent Material 23
Use Constituting Disposal - Sludge 6
3-37
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Zinc, continued
Use Constituting Disposal - Spent Material 1
Use/Reuse - Sludge 2
Zinc Electroplating
Other - Non-Secondary Material 14
Reclamation - Spent Material 23
3-38
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