5EPA
United States
Environmental Protection
Agency
Office o*
Solid Waste and
Emergency Response
DIRECTIVE NUMBER: 9441.21(85)
TITLE: Regulatory Status of Brass Dross Skimmings
*
APPROVAL DATE: 6-6-85
EFFECTIVE DATE: 6-6-85
ORIGINATING OFFICE: office of Solid waste
E FINAL
;D DRAFT
LEVEL OF DRAFT
DA — Signed by AA or OAA
D B — Signed by Office Director
D C — Review & Comment
REFERENCE (other documents):
OSWER OSWER OSWER
VE DIRECTIVE DIRECTIVE Dl
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2.61 SUBPART A - GENERAL
DOC: 9441.21(85)
Key Words:
Regulations:
Subject:
Addressee:
Originator:
Source Doc:
Date:
Summary:
By-Product, Manifest, Recycling
Regulatory Status of Brass Dross Skimmings
Bruce Bzura, Vice President, Madison Industries, Inc.,
Old Waterworks Road, Old Bridge, New jersey 08857
Matthew A. Straus, Chief, Waste Identification Branch
#9441.21(85)
6-6-85
This letter discusses the regulatory status of brass dross skimmings sent
for reclamation as a by-product. It states that, the brass dross skimmings
themselves would not require a manifest if shipped for reclamation or recycling.
HoWever, oxide materials (assuming they exhibit a hazardous waste characteristic)
resulting from processing these skimmings would need to be manifested, and the
processor would need to comply with all applicable regulatory requirements, if
the oxide material is incorporated into a product that is placed on the land.
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9441.21 (85)
Mr. Bruce B»ura JJN ^ ®
Vice-President
Madison Industries, Inc.
Old Waterworks Road
Old Bridge, New Jersey 08857
Mar Mr. Bsuras
This letter is in response to your letter dated May 3,
1985, concerning the regulatory status of brass dross
skimmings that is to be recycled by a domestic or foreign
refinery or a domestic or foreign processor, first, let
me apologise for not getting back to you sooner; I have
been very busy and hope ay lateness has not created a
problem for you. With regard to your questions, I will
answer the* in the sane order as you presented them in
your letter.
* Is the brass dross skimmings a by-product or a
scrap metal?
These skimmings would be defined as a by-product.
(See preamble discussion on pg. 624 of the January 4,
1985 Federal Register (c. Definition of Scrap Metal
and Regulatory Distinctions Between Scrap Metal and
Other Metal-Containing Wastes That Are Recycled for
a detailed explanation.)
• If this material is sent to a domestic refinery,
does it have to be manifested?
Thes* skimmings (defined as a by-product) under the
rul** wjould be sent for reclamation (as- your correctly
notif jta your letter). since this material is not
ctonNtotly listed as a hazardous waste, it aust be
hammrddus due to its exhibiting one or store of the
hsMrdous waste characteristics (i.e., if this material
were not haiardous, the hasardous waste rules would
not apply). Under the rules, the reclamation of a non-
listed by-product would not be defined as a solid
waste (provided the material is not speculatively
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y
Lated). As a result, this Material would not be
a>»swsrdouji waste and, thus, need not be Manifested
«fc>imv»ject to aay of the other applicable requirements.
"~ r is ths same if it is sent to a foreign
A processor processes the brass skimmings by
separating the metal from the oxides. If the oxides
are sold to a domestic or foreign fertilizer company,
does the material have to be manifested?
Yes. Under the rules, any Material (whether it is
a spent Material, sludge, byproduct, commercial
chemical product, or scrap metal) that is placed
directly on the land or Incorporated into a product
that is placed on the land is defined as a solid
waste and if hazardous, a hazardous waste. Thus,
the oxide material (assuming it exhibits a hazardous
waste characteristic) would need to be manifested
to the fertilizer company and the domestic fertilizer
company would need to get a storage permit for this
material. (The processor also would have to comply
with the other applicable regulatory requirements.)
It should also be noted that the brass skimmings
would have to be manifested from the brass mill to
the processor and the processor would need a storage
permit if the ultimate destination of this material
(i.e., the oxides) is to be placed on the land or
incorporated into a product that is placed on the
land.
If the oxide material were used as an ingredient to
make a new product, would the oxides have to be
manifested?
Under the rules, any material that is used or reused
as as ingredient to make a new product would not be
defined as a solid waste, provided the material is
mot speculatlvely accumulated. (The exception to
cj|ia> is when the material is used as an ingredient
im>*9mste*derived fuels or in waste-derived products
will be placed on the land. In these situations,
I/ A material would be speculatlvely accumulated 1ft (1)
it is being accumulated for recycling but no recycling
market exists (or no feasible recycling market exists),
or (2) 751 of the material is not recycled within a
one-year period, see 40 CFR 261.1(o)(8).
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betfe the material being incorporated «n<3
tfarived product remains subject to RCRA
Consequently, this Material would not have to t>«
!'-MKif«ste
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