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

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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.

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                                                            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

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  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

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