United States Solid Waste and EPA530-R-99-046
Environmental Emergency Response PB2000-101 886
Protection Agency (5305W) February 2000
RCRA, Superfund & EPCRA
Hotline Training Module
Introduction to:
Definition of Solid Waste and
Hazardous Waste Recycling
(40 CFR §§261.2 and 261.9)
Updated October 1999
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DISCLAIMER
This document was developed by Booz-Allen& Hamilton Inc. under contract 68-W 0-0039 to EPA. It is intended to
be used as a training tool for Hotline specialists and does not represent a statement of EPA policy.
The information in this document is not by any means a complete representation of EPA's regulations or policies.
This document is used only in the capacity of the Hotline training and is not used as a reference toolon Hotline calls.
The Hotline revises and updates this document as regulatory pro gram areas change.
The information in this docume ntmay not necessarily reflect the current position of the Agency. This document is
not intended and cannot be relied upon to create any rights, substantive or procedural, enforceable by any party in
litigation with the United States.
RCRA, Superfund & EPCRA Hotline Phone Numbers
National toll-free (outs ide of DC area) (800) 424-9346
Loca I num ber (with! n DC a rea) (703) 412-9810
National toll-free for the hearing impaired (TDD) (800) 553-7672
The Hotline is open from 9 am to 6 pm Eastern Time,
Monday through Friday, except for federal holidays.
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DEFINITION OF SOLID WASTE AND
HAZARDOUS WASTE RECYCLING
CONTENTS
1. Introduction 1
2. Regulatory Summary 2
2.1 Solid Waste Definition 2
2.2 Classification of Recycled Materials 5
2.3 Recycling Solid Waste Exclusions in §261.2(e) 8
2.4 Hazardous Waste Recycling Requirements 10
3. Special Issues 18
3.1 Refining Versus Reclamation 18
3.2 Recycling Process Not Regulated 18
3.3 Sham Recycling 18
4. Regulatory Developments 19
4.1 Use Constituting Disposal: Amendments 19
4.2 Cathode Ray Tubes 19
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Definition of Solid Waste and Hazardous Waste Recycling - 1
1. INTRODUCTION
As mandated by Subtitle C of the Resource Conservation and Recovery Act (RCRA),
EPA promulgated hazardous waste regulations in 1980 to ensure that wastes which
pose a threat to human health and the environment would be managed safely. In order
to be regulated as a hazardous waste under RCRA, a material must first be classified as
a solid waste. After confirming that a material is a solid waste, the generator of the
solid waste must determine if it is a hazardous waste. The important concept to
remember is that hazardous wastes are a subset of solid wastes. In other words, a
material cannot be classified as a hazardous waste if it is not within the universe of solid
wastes.
This module explains the statutory and regulatory definitions of solid waste, including
the standards governing the recycling and management of specific types of waste.
When you have completed this module, you will be able to explain the definition of
solid waste in 40 CFR §261.2, as well as its relationship to the definition of hazardous
waste in §261.3. You will also become familiar with the regulations governing the
recycling of hazardous wastes, found in §261.6 and Parts 266, 273, and 279.
Use the following list of objectives to check your knowledge of this topic after you
complete the training session:
Explain and cite the regulatory and statutory definitions of solid waste
Cite and use the table in §261.2 and the preamble to the January 4, 1985, Federal
Register (50 FR 614)
List and cite three use/reuse scenarios where the materials are not solid wastes
and state the requirement for documentation
List the conditions under which hazardous waste-derived products may be
excluded from regulation
Discuss the special recycling standards for use constituting disposal, precious
metal recovery, and spent lead-acid batteries
Discuss potential regulatory developments affecting the definition of solid waste
and hazardous waste recycling.
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Hotline training purposes.
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2 - Definition of Solid Waste and Hazardous Waste Recycling
2. REGULATORY SUMMARY
Under RCRA Subtitle C, Congress granted EPA the authority to regulate hazardous
wastes. The principle objective of hazardous waste regulation is the protection of
human health and the environment. RCRA regulation is also intended to encourage the
conservation and recovery of valuable materials. The definition of solid waste under
RCRA, which serves as the starting point for the hazardous waste management system,
reflects EPA's effort to obtain the proper balance between these two underlying
objectives.
According to RCRA regulations, a material must be defined as a solid waste before it
can be considered a hazardous waste. The regulatory definition of solid waste, found in
§261.2(a), encompasses the following materials: (1) materials that are abandoned; (2)
materials that are recycled; (3) materials that are inherently waste-like; and (4) waste
military munitions. Materials that do not fall within one of these categories are not
subject to Subtitle C regulation.
Materials that are recycled are a special subset of the solid waste universe. When
recycled, some materials may qualify for an exclusion from the definition of solid waste
and fall out of RCRA regulation or be subject to less-stringent regulatory controls.
Based on the material and the type of recycling, the generator of a recyclable solid waste
must determine if it is subject to reduced requirements or full regulation.
This module discusses the criteria found in the §261.2 definition of solid waste. It also
explains the range of RCRA Subtitle C management standards for different types of
hazardous waste recycling, as dictated by §261.6 and Parts 266, 273, and 279. This range
of management from no regulation to full regulation is essentially based on the
type of recycling activity involved and the hazards posed, and demonstrates EPA's
intent to encourage recycling while still protecting human health and the environment.
2.1 SOLID WASTE DEFINITION
The statutory definition of a solid waste is not based on the physical form of the
material, (i.e., whether or not it is a solid as opposed to a liquid or gas), but on the fact
that the material is a waste. RCRA §1004(27) defines solid waste as:
Any garbage, refuse, sludge from a wastewater treatment plant, water
supply treatment plant, or air pollution control facility, and other
discarded material, including solid, liquid, semisolid, or contained
gaseous material, resulting from industrial, commercial, mining, and
agricultural operations and from community activities.
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Hotline training purposes.
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Definition of Solid Waste and Hazardous Waste Recycling - 3
The regulatory definition of solid waste, found in §261.2, is narrower than the statutory
definition. Under §261.2(a), a solid waste is any discarded material that is not excluded
by §261.4(a) or that is not excluded by a regulatory variance.
Section 261.4(a) specifically excludes certain materials from the definition of solid waste,
such as domestic sewage and special nuclear material covered by the Atomic Energy
Act (see the module entitled Solid and Hazardous Waste Exclusions). Materials listed
in §261.4(a) are not solid wastes and so cannot be further classified as hazardous waste.
Other materials that would normally be classified as solid wastes may qualify for
exclusions from regulation if a generator petitions for a variance from classification as a
solid waste.
If a discarded material is not excluded by §261.4 or by a variance, it may meet the
definition of a solid waste. The basis of the solid waste definition is set forth in §261.2,
which defines a solid waste as a material that is discarded by being abandoned,
inherently waste-like, recycled, or a military munition identified as a solid waste in
§266.202.
ABANDONED
The term abandoned simply means thrown away. Under §261.2(b), a material is
abandoned if it is disposed of, burned, or incinerated. In addition, a material that is stored
prior to, or in lieu of, one of these activities, is also considered to be abandoned. In
addition to obvious examples of abandonment, such as land disposal, EPA also includes
activities such as incineration within the definition of the term (50 FR 627; January 4, 1985).
INHERENTLY WASTE-LIKE
Some materials are always considered solid wastes under §261.2(d), even if they are
recycled in some manner (i.e., they are considered to be inherently waste-like). Because
these materials may pose a threat to human health and the environment when they are
recycled, they do not qualify for any recycling exemptions. Examples of inherently
waste-like materials are the dioxin-containing listed wastes F020, F022, F023, F026 and
F028. Hazardous waste meeting the F021 listing is also considered inherently waste-like
unless it is used at the site of generation as an ingredient in a product.
In addition, any secondary materials that are characteristic or listed hazardous wastes
are considered to be inherently waste-like when they are fed to a halogen acid furnace.
This provision was added to ensure that halogen acid furnaces, which burn some of the
most toxic wastes generated in this country, would be regulated when burning any type
of hazardous waste (56 FR 7141; February 21, 1991). Note, there is an exception for
certain highly brominated materials burned in halogen acid furnaces under certain
conditions (§261.2(d)(2)).
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Hotline training purposes.
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4 - Definition of Solid Waste and Hazardous Waste Recycling
RECYCLING
A material is recycled if it is used, reused, or reclaimed (§261.1(c)(7)). These three terms
have specific regulatory definitions. A material is reclaimed if it is processed to recover
a usable product or if it is regenerated (e.g., regeneration of spent solvents)
(§261.1 (c) (4)). A material is used or reused if it is either employed as an ingredient in an
industrial process to make a product (e.g., distillation bottoms from one process used as
feedstock in another process) or if it is employed as an effective substitute for a
commercial product (e.g., spent pickle liquor used as a sludge conditioner in
wastewater treatment) (§261.1(c)(5)).
Some materials that are recycled are classified as solid wastes, while others are exempt
from regulation. Section 261.2(c) designates as solid wastes certain materials that are
recycled in particular manners (i.e., used in a manner constituting disposal, burned for
energy recovery, reclaimed, and speculatively accumulated). Other materials that are
recycled through use or reuse of the material may qualify for exemptions from the solid
waste definition under §261.2(e).
MILITARY MUNITIONS
Over the years, the applicability of RCRA to military munitions has been the subject of
some controversy. On February 12, 1997, EPA finalized a rule that specified when
unused and used military munitions are considered discarded and become solid wastes
(62 FR 6622). Unused military munitions become solid wastes when the munitions are
removed from storage for disposal or treatment prior to disposal; when the munitions
are leaking or deteriorated so that they cannot be recycled or reused; or when declared
a solid waste by an authorized military official. Unused munitions that are repaired,
recycled, or reclaimed, are not considered solid wastes, nor are they considered solid
wastes while in storage in demilitarization accounts (e.g., scheduled for treatment or
disposal). Only when these munitions are finally removed from storage for the
purposes of disposal do they become solid wastes.
Used military munitions become solid wastes when they are buried or landfilled on-
site, or when they are removed from their landing spot for subsequent management
(storage, reclamation, treatment, or disposal) off-range. Note that munitions that have
been used for their intended purpose (e.g., fired munitions or munitions used in
training exercises) are not considered solid wastes when they land on a firing range,
because landing on the ground is part of their intended use (rather than disposal). Once
these military munitions are collected and sent off-site for further management,
however, they become solid and potentially hazardous wastes. Standards applicable to
military munitions are codified in Part 266, Subpart M.
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Hotline training purposes.
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Definition of Solid Waste and Hazardous Waste Recycling - 5
2.2 CLASSIFICATION OF RECYCLED MATERIALS
As stated above, one way a material may meet the definition of a solid waste in §261.2 is
if it is recycled in a certain manner. When a material is recycled, its regulatory
classification (i.e., whether or not it is a solid waste, and potentially a regulated
hazardous waste) depends on two factors: first, what type of secondary material is
being recycled; and second, what type of recycling is occurring. The following
discussion describes the three types of recycling regulated in §261.2(c), and notes the
various exclusions associated with specific types of secondary materials when they are
recycled in certain ways. Depending on these determinations, a waste destined for
recycling may or may not be regulated.
SECONDARY MATERIALS
A secondary material is a material that potentially can be a solid and hazardous waste
when recycled (50 FR 616; January 4, 1985). Used or residual waste-like materials are
called secondary materials and are divided into five groups. Table 1 of §261.2(c) lists
five types of secondary materials: spent materials, sludges, by-products, commercial
chemical products, and scrap metal. All waste-like materials fit into one of these five
secondary material categories, which are discussed below.
Spent Materials
Spent materials, as defined in §261.1(c)(l), are those used materials that can no longer
serve the purpose for which they were produced without undergoing regeneration,
reclamation, or reprocessing. Examples include spent solvents, spent activated carbon,
spent catalysts, and spent acids (50 FR 624; January 4, 1985).
Sludges
A sludge is any solid, semisolid, or liquid waste generated from a wastewater treatment
plant, water supply treatment plant, or air pollution control device (e.g., baghouse
dust). Table 1 contains two sludge categories: those sludges listed on the F or K lists
(e.g., F037 petroleum refinery oil/water/solids separation sludge), and those exhibiting
a hazardous characteristic under Part 261, Subpart C.
By-Products
A by-product as defined in §261.1(c)(3) is a material that is not one of the primary
products of a production process and is not solely or separately produced by the
production process. An example is a distillation column bottom. A by-product is a
catch-all term, and includes most wastes that are not spent materials or sludges (50 FR
618; January 4, 1985). There are two types of by-product categories in Table 1: those
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Hotline training purposes.
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6 - Definition of Solid Waste and Hazardous Waste Recycling
listed (e.g., wood preserving wastewaters -- K001), and those exhibiting a hazardous
characteristic.
Commercial Chemical Products
Commercial chemical products (CCPs) include unused chemical intermediates, off-
specification variants, and spill or container residues, as defined in §261.33 (e.g., unused
sodium cyanide). The definition of CCP, which is also part of the hazardous waste
identification process for P- or U-listed wastes, is expanded for the purposes of defining
a material as a solid waste. For this purpose, the term CCP also includes chemicals that
are not listed in §261.33 but exhibit a hazardous characteristic (e.g., off-specification jet
fuel) (50 FR_14219; April 11, 1985), as well as other unused commercial products that
exhibit a characteristic of hazardous waste, even though they are not commonly
considered chemicals (e.g. unused circuit boards, unused batteries).
Scrap Metal
Scrap metal is defined as bits and pieces of metal parts that are worn or superfluous
(e.g., scrap turnings and wire) (§261.1(c)(6)). This term also includes products made of
metal that become worn out such as scrap automobiles and radiators (50 FR 624;
January 4, 1985). Excluded scrap metal (processed scrap metal, unprocessed home
scrap metal, and unprocessed prompt scrap metal) is not a secondary material because
it is excluded from the definition of solid waste under §261.4(a) (13).
TYPES OF RECYCLING
There are three types of recycling activities over which EPA currently asserts
jurisdiction: use constituting disposal, burning waste fuels, and reclamation. As
stated previously, to determine whether a material is a solid waste, you must
determine what kind of material is being recycled. Once the type of secondary
material (e.g., spent material, sludge, or scrap metal) is known, the manner in
which it is recycled will determine whether or not the material is a solid waste
and therefore potentially regulated as a hazardous waste.
Use Constituting Disposal
Directly placing wastes or products containing wastes on the land is considered
to be use constituting disposal (§261.2(c)(l) and 50 FR 627; January 4, 1985). If,
however, direct placement of a CCP on the land is consistent with its normal use
(e.g., pesticides), then the material is not regulated as a solid waste
(§261.2(c)(l)(ii)). For example, heptachlor can potentially be a P-listed waste.
This pesticide is not regulated as a solid waste, however, when it is used as a
pesticide.
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Hotline training purposes.
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Definition of Solid Waste and Hazardous Waste Recycling - 7
Burning Waste Fuels
Burning hazardous waste for energy recovery and using waste to produce a fuel are
both covered under burning waste fuels (§261.2(c)(2) and 50 FR 630; January 4, 1985).
CCPs that are themselves fuels are not considered solid wastes when burned, however,
since burning is consistent with the product's intended use §261.2(c)(2)(ii)). For
example, off-specification jet fuel is not a solid waste when it is burned for energy
recovery because it is itself a fuel.
Reclamation
As discussed above, reclamation is the regeneration of wastes or recovery of usable
materials from wastes (e.g., regenerating spent solvents in a solvent still). Wastes are
regenerated when they are processed to remove contaminants in a way that restores
them to their usable condition (50 FR 633; January 4, 1985).
Speculative Accumulation
Certain materials are exempt from the definition of solid waste in §261.2 when destined
for recycling (see Table 1). In order to ensure these materials are actually recycled, EPA
established a provision in §261.2 that penalizes facilities that recycle insufficient
amounts of these materials. This provision designates as solid wastes certain materials
that are accumulated speculatively. A material is accumulated speculatively if it has no
viable market (50 FR 634; January 4, 1985) or if the person accumulating the material
cannot demonstrate that 75 percent or more of the material is recycled in a calendar
year, commencing on January 1 (§261.1(c)(8)). For example, on December 15, 1991, a
facility generates 200 kg of D008 sludge, a characteristic sludge that is normally
excluded from the definition of solid waste when reclaimed. The facility has this entire
quantity of D008 sludge in storage on-site on January 1, 1992. If by the end of that
calendar year (December 31, 1992), less than 75 percent (i.e., less than 150 kg) of the
sludge has been reclaimed or sent off-site for reclamation, the sludge has been
accumulated speculatively and no longer is excluded from the definition of solid waste.
Once it is a solid waste, it must be managed as a hazardous waste since it exhibits a
characteristic. In other words, while providing incentives for recycling by excluding
certain hazardous wastes from the definition of solid waste, EPA is ensuring that
legitimate quantities of the waste are being recycled rather than simply being stored to
avoid regulation.
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Hotline training purposes.
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8 - Definition of Solid Waste and Hazardous Waste Recycling
Table 1
Spent Materials
Sludges listed in
40 CFR §§261.31
or 261.32
Sludges
exhibiting a
characteristic
By-products
listed in 40 CFR
§§261. 31 or
261.32
By-products
exhibiting a
characteristic
Commercial
Chemical
Products listed in
40 CFR §261. 33
Scrap Metal other
than excluded
scrap metal (see
§261.1(c)(9))
Use Constituting
Disposal
§261.2(c)(l)
YES
YES
YES
YES
YES
YES*
YES
Energy
Recovery/
Fuel
§261.2(c)(2)
YES
YES
YES
YES
YES
YES**
YES
Reclamation
§261.2(c)(3)
YES
YES
NO
YES
NO
NO
YES
Speculative
Accumulation
§261.2(c)(4)
YES
YES
YES
YES
YES
NO
YES
Once the type of secondary material and the recycling method are known, you can determine whether the
material will be a solid waste according to §261.2(c) and therefore possibly a hazardous waste. Materials
that are solid wastes when recycled in a particular manner are marked with a "YES" in that column;
materials that are not solid wastes when recycled in that manner are marked with a "NO."
* Commercial products are not solid wastes when applied to the land if that is their normal use.
** Commercial products are not solid wastes when burned for energy recovery if they are already fuels
or normal constituents of fuels.
2.3 RECYCLING SOLID WASTE EXCLUSIONS IN §261.2(e)
Under the RCRA regulations, EPA defines recycling broadly. Use constituting disposal,
burning for energy recovery, and reclamation are all forms of recycling. The direct use
or reuse of a secondary material is also a form of recycling. Section 261.2(e)(l) provides
exclusions from the definition of solid waste for materials that are used or reused in one
of the following ways: used or reused as an ingredient, used or reused as a product
substitute, or returned to the production process.
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Hotline training purposes.
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Definition of Solid Waste and Hazardous Waste Recycling - 9
USED AS AN INGREDIENT
If a secondary material is directly used as an ingredient in a production process without
first being reclaimed (e.g., carbon tetrachloride still bottoms used in producing
tetrachloroethylene), then that material is not a solid waste (§261.2(e)(l)(i)).
USED AS A PRODUCT SUBSTITUTE
If a secondary material is used as an effective substitute for a commercial product
without first being reclaimed (e.g., hydrochloric acid by-product from chemical
manufacturing used by the steel industry for pickling steel), it is exempt from the
definition of solid waste (§261.2(e)(l)(ii)).
RETURNED TO THE PRODUCTION PROCESS
When a material is returned to the original production process from which it was
generated, it is not a solid waste (§261.2(e)(l)(iii)). When this exclusion was originally
promulgated (50 FR 614; January 4, 1985), it applied only to materials returned to a
primary production process. The September 19, 1994, Federal Register extended this
exemption, however, to include materials returned to secondary processes; a secondary
process uses waste materials as its principal feedstock (59 FR 47982; 48041). This
exclusion only applies if the material is used as a raw material or feedstock in the
production process and if it is not reclaimed prior to its reintroduction into the system
(e.g., emission control dust returned directly to a primary zinc smelting furnace). The
material does not have to be returned to the exact unit, but may be returned to any unit
associated with the production of a particular product (50 FR 619, 640; January 4, 1985).
Material returned to a secondary process must be managed without placement on the
land.
EXCEPTIONS
There are certain situations where use or reuse of a material without prior reclamation
is still considered to be management of a solid waste. Section 261.2(e)(2) designates as
solid wastes the following materials, even if they are used or reused directly: materials
used in a manner constituting disposal; materials burned for energy recovery, used to
produce a fuel, or contained in fuels; materials accumulated speculatively; and dioxin-
containing wastes considered inherently waste-like (F020, F021, F022, F023, F026, and
F028). For example, an F002 spent solvent is used in the formulation of a pesticide,
without prior reclamation. While this particular waste is recycled without reclamation
(a condition of §261.2(e)(l)), it would not qualify for the exclusion because the manner
in which it is recycled is one of the activities listed in §261.2(e)(2).
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Hotline training purposes.
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10 - Definition of Solid Waste and Hazardous Waste Recycling
DOCUMENTATION OF CLAIMS
A person claiming that a waste is not a solid waste or that a waste is conditionally
exempt from regulation (e.g., because it is recycled in accordance with §261.2(e)) must
be prepared to demonstrate that the conditions for the exclusion are being met. In the
case of an enforcement action, generators must provide documentation supporting their
claim, such as proof the material is being reused in a production process or that there is
a known market for the material (§261.2(f)).
SUMMARY OF SOLID WASTE DEFINITION
A solid waste is a material of any physical form (e.g., contained gas, solid, or liquid)
that is being discarded by meeting any of the following conditions:
The material is abandoned via disposal or incineration
The material is inherently waste-like (e.g., dioxin-containing wastes)
The material is recycled in specific ways that are considered waste management
(i.e., burning for energy recovery, reclamation, use constituting disposal).
In summary, if a material has been classified as a solid waste (thus not meeting any of the
solid waste exclusions or exemptions), the next step in the hazardous waste identification
process is to determine if the solid waste meets the definition of a hazardous waste.
2.4 HAZARDOUS WASTE RECYCLING REQUIREMENTS
RCRA Subtitle C has jurisdiction over hazardous waste recycling. Hazardous wastes
that are recycled are known as recyclable materials. When a material is classified as a
solid waste because it is recycled (and does not qualify for any exemptions in §261.2(e))
and it meets the definition of a hazardous waste, §§261.6 and 261.9 are used to
determine the level of regulation placed on the waste and the recycling activity. These
standards range from no regulation to full regulation, with the amount of regulation
depending on the type of material and manner of recycling (see Figure 1).
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Hotline training purposes.
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Definition of Solid Waste and Hazardous Waste Recycling - 11
Figure 1
ANALYSIS OF HAZARDOUS WASTE RECYCLING REQUIREMENTS
Is hazardous waste
recycling activity listed in
§261.6(a)(2)?
NO
Is hazardous waste
recycling activity listed in
§261.6(a)(3)?
NO
Is hazardous waste
recycling activity listed
in§261.6(a)(4)?
NO
Is hazardous waste
being exported or
imported fom OECD
countries for the
purposes of recovery?
NO
Fully regulated under
§§261.6(b), (c), &(d)
YES
YES
YES
YES
Subject to special
standards under
Part 266, Subparts C-H
and applicable provisions
in Part 270 & Part 124
(i.e., permitting).
Recyclable material
exempt from regulation
See Part 279,
Used Oil Standards
See Part 262,
Subpart H
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Hotline training purposes.
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12 - Definition of Solid Waste and Hazardous Waste Recycling
SPECIAL RECYCLING STANDARDS IN §261.6(a)(2)
The recyclable materials listed in §261.6(a)(2) are subject to regulation under Part 266,
which provides special standards for hazardous wastes recycled in certain ways. These
materials include the following:
Recyclable materials used in a manner constituting disposal (Subpart C)
Recyclable materials from which precious metals are reclaimed (Subpart F)
Spent lead-acid batteries that are being reclaimed (Subpart G)
Hazardous waste burned for energy recovery (Subpart H).
Use Constituting Disposal
Part 266, Subpart C, regulates recyclable materials that are placed on the land either
directly or after mixing with other materials. This type of reuse of a recyclable material
is regulated as land treatment or landfilling when the material being applied to the land
is a hazardous waste or contains a hazardous waste. The Agency regulates the
placement of hazardous secondary materials on the land due to the similarity of this
practice to simple land disposal.
Under §266.20(b), commercial hazardous waste-derived products are not regulated
when recycled by application to the land, provided the products meet the following
three conditions: (1) they are made for the general public's use; (2) they have
undergone a chemical reaction so as to be inseparable by physical means; and (3) they
meet applicable Part 268 land disposal restrictions treatment standards. Examples of
such products may include asphalt and cement. Also, commercial fertilizers produced
from mixing recyclable material containing nutrients or micronutrients with other
ingredients are exempt from regulation if they meet the Part 268 land disposal
treatment standards for each recyclable material they contain. Zinc-containing
fertilizers produced from hazardous waste K061 for the general public's use, however,
are not subject to regulation and thus are not required to meet Part 268 treatment
standards. If a material does not meet the conditions in §266.20(b), it must be managed
as a hazardous waste when applied to the land, a result that effectively prohibits
placement on the land in anything but a hazardous waste landfill.
Under §266.21, the management of these recyclable materials prior to being used in a
manner constituting disposal is fully regulated as hazardous waste management.
Generators and transporters of these materials, therefore, are subject to Part 262
(generator) and Part 263 (transporter) regulations, and to RCRA §3010 notification
procedures for obtaining EPA identification numbers. Under §266.22, facility owners
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Hotline training purposes.
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Definition of Solid Waste and Hazardous Waste Recycling - 13
and operators who are not the ultimate users of the materials are also subject to
notification requirements and applicable Parts 264/265 facility standards.
Owners or operators of facilities that use recyclable materials in a manner constituting
disposal are subject to RCRA §3010 notification and applicable Parts 264/265 facility
standards. Products meeting the requirements under §266.20(b) as described above are
the sole exception.
In addition to the above regulations on use constituting disposal, additional restrictions
may apply to the placement of hazardous waste on the land. The Hazardous and Solid
Waste Amendments of 1984 (HSWA) amended RCRA §3004(1) to prohibit use of waste
oil, used oil, or other materials contaminated with hazardous waste (other than waste
hazardous for ignitability only) for dust suppression or road treatment. This
prohibition was effective November 8, 1984 (§§266.23(b) and 279.82).
Precious Metal Reclamation
Subpart F of Part 266 applies to recyclable materials from which precious metals are
recovered (i.e., gold, silver, platinum, palladium, iridium, osmium, rhodium, and
ruthenium). Generators, transporters, and storers of recyclable materials intended for
precious metal recovery are subject to notification under RCRA §3010 and manifest
requirements under Part 262, Subpart B (for generators), §§263.20 and 263.21 (for
transporters), and §§265.71 and 265.72 (for storers).
While hazardous wastes that will be reclaimed for their precious metal content are
exempt from much of the Subtitle C regulations, these materials lose any applicable
exemptions if they are accumulated speculatively, and become subject to all applicable
requirements under Parts 262 and 264/265. The provisions barring speculative
accumulation are set out in §266.70(c). To document that speculative accumulation is
not occurring, generators must keep records showing the volume of materials on hand
at the beginning of the calendar year, the amount of materials generated or received
during the calendar year, and the amount of waste remaining at the end of the calendar
year.
Although the storage of recyclable materials that will be reclaimed for their precious
metal content is not normally subject to Subtitle C regulation, under §§260.40 and
260.41, the Regional Administrator may regulate storage of precious metal wastes on a
case-by-case basis if the wastes are not being stored safely. This case-by-case regulation
subjects the generator or storer/recycler to §§261.6(b) and (c) (full regulation) rather
than Part 266, Subpart F.
In addition, if precious metal reclamation takes place in an industrial furnace, then Part
266, Subpart H, standards may apply to the unit. If, however, the owner or operator
meets a series of conditions in §266.100(f), the unit is exempt from full Subpart H
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Hotline training purposes.
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14 - Definition of Solid Waste and Hazardous Waste Recycling
regulation. This is discussed further in the module entitled Boilers and Industrial
Furnaces.
Spent Lead-Acid Battery Reclamation
Part 266, Subpart G, covers spent lead-acid batteries that will be reclaimed. These
provisions apply only to spent lead-acid batteries. Under Subpart G, the requirements
focus on storage of the batteries by persons who reclaim the batteries. Persons who
generate, transport, regenerate, collect, and/or store spent lead-acid batteries without
reclaiming them are not subject to hazardous waste regulation.
According to §266.80(b), owners or operators of facilities that store spent batteries
before recycling are subject to §§266.80(b)(l)-(4). Storers must comply with §3010
notification, and all applicable provisions in Part 264/265, Subparts A through L. The
exceptions are §264.13 (waste analysis plan) and §§264.71 and 264.72 (use of the
manifest requirements). The permitting requirements of Parts 270 and 124 are also
applicable.
Burning Hazardous Waste
Part 266, Subpart H, governs hazardous waste burned for energy recovery in boilers
and industrial furnaces as defined in §260.10. Originally, these units were considered to
be exempt recycling units (50 FR 631; January 4, 1985). EPA determined, however, that
there was a need for regulatory action to control this type of burning. The Agency
promulgated these regulations on February 21, 1991 (56 FR 7134). These requirements
are presented in the module entitled Boilers and Industrial Furnaces.
EXEMPT RECYCLABLE MATERIALS IN §261.6(a)(3)
Certain recyclable materials are exempt from hazardous waste regulation under
§261.6(a)(3) when recycled in specific ways. These materials are exempt from the
notification requirements of RCRA §3010, 40 CFR Parts 262 through 266, and Parts 268,
270, and 124. All of these materials meet the definition of a solid waste and hazardous
waste, but are not required to be managed as hazardous wastes if recycled according to
the provisions in §261.6(a)(3).
Industrial Ethyl Alcohol
Industrial ethyl alcohol that is reclaimed is exempted from RCRA Subtitle C regulation
because the Bureau of Alcohol, Tobacco and Firearms already regulates it from the
point of generation to redistillation (§261.6(a) (3) (i) and 50 FR 649; January 4, 1985).
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Hotline training purposes.
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Definition of Solid Waste and Hazardous Waste Recycling - 15
Scrap Metal
Scrap metal other than excluded scrap metal that is disposed of or reclaimed is a solid
waste under the definition of hazardous waste (§261.2); however, it is exempted from
Subtitle C regulation when it is reclaimed (§261.6(c)(3)(ii)). As was mentioned earlier,
scrap metal is defined as products made of metal that become worn out (or are off-
specification) or metal pieces that are generated from machining operations. Examples
of scrap metal are scrap automobiles, machine turnings, pieces of wire, sheets of metal,
and scrap radiators (50 FR 624; January 4, 1985). When these materials are recycled to
recover their metal content, they are exempted from regulation.
Waste-Derived Fuels from Refining Processes
Fuels produced by refining oil-bearing hazardous wastes, along with normal process
streams at a petroleum refining facility, are exempt under §261.6(a)(3)(iii) if such wastes
resulted from normal petroleum refining, production, and transportation practices. For
these wastes to be considered to be "refined," they must be inserted into a part of the
process designed to remove contaminants; this would typically mean insertion prior to
distillation. Consequently, if a facility takes an oil-bearing hazardous waste and
processes it without distillation to produce a fuel, the resulting fuel is not covered by
this exemption.
Waste-Derived Fuels and Oils That Are Not Refined
Fuels produced at a petroleum refinery from oil-bearing hazardous wastes that are
introduced into the refining process after the distillation step, or that are reintroduced
in a process that does not include distillation, may also be exempt under
§§261.6(a)(3)(iv)(A) and (B). Since these hazardous waste do not undergo a distillation
step that would ensure contaminant removal, the resulting fuel must meet the used oil
specifications in §266.40(e) to meet this exemption.
Oil that is reclaimed from oil-bearing hazardous wastes generated by petroleum refining,
production, and transportation practices is exempted under §261.6(a)(3)(iv)(C). This
exemption applies to oil that is burned as a fuel without reintroduction into the refining
process, provided it meets the used oil specifications in §266.40(e).
MANAGEMENT STANDARDS FOR RECYCLING IN §§261.6(b), (c) AND (d)
Recyclable materials that do not meet an exemption or that are not subject to special
requirements are regulated under §§261.6(b), (c), and (d). Generators and transporters
of recyclable materials that are solid and hazardous wastes are subject to the same
regulations as other generators and transporters of hazardous waste. Facilities that
store these materials prior to recycling are subject to the applicable TSDF standards. As
discussed below, however, the recycling process itself is not subject to regulation.
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Hotline training purposes.
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16 - Definition of Solid Waste and Hazardous Waste Recycling
Generators and Transporters
Generators of recyclable hazardous wastes are required to follow all the applicable
requirements of Part 262 (§261.6(b)). Likewise, transporters of recyclable materials must
comply with Part 263 standards.
Treatment, Storage, and Disposal Facilities
Owners or operators of facilities that store hazardous materials prior to recycling are
subject to all of the requirements of treatment, storage, and disposal facilities (§261.6(c)).
In other words, storage is fully regulated. Pursuant to §261.6(c)(2), however, if the
recyclable material is not stored before reuse or recycling but put immediately into the
reuse/recycling unit, a storage permit or interim status may not be necessary. The
facility must only obtain an EPA ID number and comply with the manifest
requirements under §§265.71-265.72 and §265.76.
An important component to §261.6(c) is that while storage of a hazardous waste is
regulated, the recycling process itself is generally exempt from RCRA regulation,
including permitting requirements. (The one exception is that the unit may have to
comply within some air emission regulations that are discussed below.) State
hazardous waste regulations and other federal or state environmental laws or
regulations may be applicable.
As mentioned above, the recycling units are potentially subject to air emission
standards, if located at a permitted or interim status treatment, storage, or disposal
facility (§261.6(d)). Part 264/265, Subparts AA and BB, require air emission controls for
specific units that manage waste with a minimum organic content. If recycling units
meet these criteria, the units would need to comply with the appropriate regulations.
The Subpart CC air emissions standards do not apply to recycling units.
MANAGEMENT STANDARDS FOR USED OIL AND UNIVERSAL WASTE
There are two additional categories of wastes that have special recycling regulations.
The first category is used oil sent for recycling. When recycled, used oil is subject to the
standards found in Part 279 (§261.6(a) (4)). Universal wastes comprise the second
category of wastes subject to special standards. Hazardous waste batteries, hazardous
waste pesticides that are recalled or sent to a collection program, hazardous waste
thermostats, and hazardous waste lamps are subject to the standards of Part 273
(§261.9) when recycled or disposed.
Used Oil
Used oil represents a rather unusual case. Because EPA introduced a new used oil
management program in 1992 to replace the existing standards, there are overlapping
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Hotline training purposes.
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Definition of Solid Waste and Hazardous Waste Recycling - 17
sets of regulations. Under the existing program, which EPA promulgated in 1985, used
oil burned for energy recovery is subject to the standards of Part 266, Subpart E. Under
the new program, used oil being recycled in any manner is subject to the standards of
Part 279 (§261.6(a)(4)). The relationship between these two programs and the used oil
management requirements are discussed in detail in the module entitled Used Oil.
Universal Waste
On May 11, 1995 (60 FR 25492), EPA promulgated regulations which streamline the
collection of certain hazardous wastes. The rule, known as the "Universal Waste Rule,"
creates special management standards in Part 273 for hazardous waste batteries,
hazardous waste pesticides that are either recalled or collected in waste pesticide
collection programs, and hazardous waste thermostats. Section 261.9 requires that
these wastes be managed under Part 273, regardless of whether they are sent for
disposal or for recycling. The rule also contains provisions for adding other wastes to
the universal waste system. On July 6, 1999 (64 FR 36466), EPA published a final rule
which added hazardous waste lamps to the universal waste regulations in Part 273.
Examples of common universal waste lamps include fluorescent, high intensity
discharge, neon, mercury vapor high-pressure sodium, and metal halide lamps (§273.9).
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Hotline training purposes.
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18 - Definition of Solid Waste and Hazardous Waste Recycling
3. SPECIAL ISSUES
Some areas of the solid and hazardous waste recycling regulations can be difficult to
master. The topics discussed below are often misunderstood by callers and should be
thoroughly understood by Information Specialists.
3.1 REFINING VERSUS RECLAMATION
There is often uncertainty about when a reclamation process is complete and when the
recycled material is a final product rather than a partially reclaimed material.
Sometimes a product must be further purified to be sold or used, and this is viewed as
refining or purification of the product, and not reclamation. When in doubt, the
generator must consult the appropriate EPA Regional or authorized state personnel.
3.2 RECYCLING PROCESS NOT REGULATED
In general, the actual recycling activity and treatment prior to recycling are not
regulated. Thus, only storage prior to such recycling is regulated. If the waste is not
stored prior to recycling, the recycler only needs to notify of the activity and comply
with the use of the manifest when receiving shipments of recyclable materials from off-
site (§261.6(c)(2)).
3.3 SHAM RECYCLING
For all recycling activities, the premise is that legitimate reclamation or reuse is taking
place. To encourage recycling, EPA subjects these activities to reduced regulation.
Some facilities, however, may claim that they are "recycling" a material in order to
avoid being subject to RCRA regulation, when in fact the activity is not legitimate
recycling. Therefore, EPA has established guidelines for what constitutes legitimate
recycling and has described activities it considers to be "sham recycling."
Considerations include whether the secondary material is effective for the claimed use,
whether the secondary material is used in excess of the amount necessary, and whether
or not the facility has maintained records of the recycling transactions (Memo,
Lowrance to Regions; April 26, 1989).
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Hotline training purposes.
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Definition of Solid Waste and Hazardous Waste Recycling - 19
4. REGULATORY DEVELOPMENTS
The definition of solid waste has changed substantially since the promulgation of the
original RCRA regulations in 1980, and continues to evolve as EPA gathers more
information about solid waste management and recycling. Currently, EPA is
considering amending several aspects of the solid waste regulatory scheme.
4.1 USE CONSTITUTING DISPOSAL: AMENDMENTS
On August 24, 1994, EPA promulgated a final rule which amended §266.20 by
prohibiting anti-skid/deicing uses of slag residues produced from the treatment of the
listed wastes K061, K062, and F006 (59 FR 43496). Currently, these waste residues are
conditionally exempt from hazardous waste regulation under §261.3(c)(2). On
December 29, 1994, EPA proposed to further amend §266.20 with respect to these
wastes (59 FR 67256). Specifically, these slags would be prohibited from any use
constituting disposal unless they meet the conditions of the exemption under
§261.3(c)(2). EPA is presently reevaluating the proposed rule due to significant issues
raised by public comment.
4.2 CATHODE RAY TUBES
Cathode ray tubes (CRTs) are the main components of televisions and computer
monitors. A typical CRT is mainly composed of specialized glasses that often contain
lead to protect the user from X-rays inside the CRT. When discarded, CRTs may fail the
TCLP for lead, subjecting them to full hazardous waste regulations. Currently, EPA has
not issued specific guidance related to CRTs. Therefore, generators must make a
hazardous waste determination at the point of generation, to identify any characteristics
that may be present in the monitor or television (Part 261 Subpart C). EPA is expected
to issue a proposal regarding the regulation of CRTs in the Spring of 2000. The
proposal will consider recommendations made by the Common Sense Initiative (CSI)
Council from June, 1998 that would minimize RCRA requirements for glass-to-glass
recycling of CRTs.
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Hotline training purposes.
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