United States Environmental Protection Agency OH.ce of Solid Waste ana Emergency Response PA DIRECTIVE NUMBER: 9441.24(85) TITLE: Clarification of Recycling Under Revised Solid Waste Rules APPROVAL DATE: 6-27-85 EFFECTIVE DATE: 6-27-85 ORIGINATING OFFICE: office of solid waste 0 FINAL D DRAFT LEVEL OF DRAFT DA — Signed by AA or DAA D B — Signed by Office Director D C — Review & Comment REFERENCE (other documents): OSWER OSWER OSWER VE DIRECTIVE DIRECTIVE Dl ------- 26*1 SUBPART A - GENERAL DOC: 9441.24(85) Key Words: Recycling Regulations: 40 CFR 26l.6(a)(2) and (3) Subject: Clarification of Recycling Under Revised Solid Waste Rules Addressee: Dan Summers, Senior Corporate Attorney, McDonnell Douglas Corporation, St. Louis, Missouri 63166 Originator: Matthew A. Straus, Chief^, Waste Identification Branch X X Source Doc: #9441.24(85) Date: Summary: 6-27-85 According to the new solid waste rules, EPA normally will not regulate the actual recycling process (e.g., solvent stills, etc.) itself, except when the recycling activity is analagous to land disposal or incineration. ------- 9441.24 (85) 2 Mr. Dan Summers Senior Corporate Attorney McDonnell Douglas Corporation Saint Louia, Missouri 63166 D«ar Mr* Summers t Thia letter ia in response to your letter dated April 15, 1985, concerning the regulatory atatua of equipment, auch as a solvent still, which ia uaed to legitimately recycle hasardous vaate. In particular, you indicate that in amending the regulations on January 4, 1985 regarding recycle/ reuse , the exemption from regulation for unita (treatment unita) which are conducting legitimate recycling had been deleted, except for those facilities "managing recyclable materiala deacribed in $261.6(a)(2) and (3)...* Subjecting these unita to full regulation under Subtitle C of RC&A, you believe, would be a substantial impediment to the continuation of on-site recycling activities. Therefore, you request clarification aa to whether the actual recycling unit (i.e., solvent still) is subject to regulation under the revised solid waste rules. As we discussed during our telephone conversation, the Agency normally will not regulate the actual recycling process itself (i.e., a diatillation column in which solvents are reclaim** or a smelting: furnace in which metala are recovered); the only exception to this is when the recycling activity is analogoua to land disposal or incineration. Although this point nay not be entirely clear in the rule, we believe the preamble to this rulemaking clearly states this point. See, for example, 50 PR 643, 1st column, where we state "As in the proposal (and aa under current regulatiosa) t hazardous wastes to be recycled'— called "recyclable materials" in the regulation—are ordinarily subject t» reflation under Parts 262 and 263 of the regulations) (when generated and transported) and to the storage facility requirements in Parta 264 and 265 (when stored before recycling). We usually do not regulate the recycling procesa itself, except when the recycling is analogous to land disposal or incineration"; see also 50 FR 650, 2nd column, where we state "These provisions state that persons generating, transporting, or storing recyclable materials, who are not explicitly addressed in ------- S261.6(a), are subject to all of the applicable requirements of Parts.2«2, 263, 264, and 265 of the regulations, as well aa to applicable permit requirements.* Therefore, under the January 4, 1985 solid waste rules, your solvent still would not be subject to regulation. Please fsel free to give oe a call if I can be of any further assistance; my telephone number is (202) 475-8551. X Sincerely yours, Matthew A. Straus, Chief Waste Identification Branch WH-562B/M8TRA03/pes/475-8551/6-25-85/Disk MS850207 ------- |