^£Dsr%

£ (Ql ^

% wj

EPA530-R-07-003
February 2008
Version 1

Definition of Solid Waste Compendium

Volume P: Precious Metals Reclamation

Hazardous Waste Identification Division

Office of Solid Waste
U.S. Environmental Protection Agency

This document was prepared by ICF Incorporated, L.L.C. under Contract EP-W-07-003


-------
RCR 4 Definition of Solid Waste Compendium - Volume P: Precious Metals Reclamation

Navigation Tips

To improve document navigation:

Using Microsoft Word

1.	Use the C- (back) and (forward) buttons to navigate between document locations
accessed via hyperlinks. These buttons can be accessed from the Navigation toolbar
(View > Toolbars > Navigation). Alternatively, use ALT + Left (back) and ALT +
Right (forward).

2.	Use the Document Map. To show the Document Map, go to View > Document Map.

Using Adobe Reader (PDF)

1. Use the (back) and J (forward) buttons to navigate between document locations
accessed via hyperlinks. These buttons are found on the Navigation bar at the bottom
of the document window.

2. Use the Bookmarks listed in the Bookmarks tab (located on the left-hand side of the
document window).

Document Layout (arrows represent hyperlinks):

Proceed to: Main Index

Navigation Tips

i


-------
RCRA Definition of Solid Waste Compendium - Volume P: Precious Metals Reclamation

Main Index

Volume P: Precious Metals Reclamation

Navigation Tips	i

Main Index	ii

Introduction	iii

Sub topic View	1

Resources by Subtopic	2

CFR View Index	4

Glossary of Acronyms	7

Compendium Volumes

Volume

A

B

C

D

E

F

G

H

I

J

K

L

M

N

0

P

Q

R

S
T
U
V

Main Index	ii

Topic

Exclusions

Abandoned Materials

Military Munitions

Use Constituting Disposal (UCD)

Burning for Energy Recovery

Reclamation

Speculative Accumulation
Spent Materials
Sludges
By-Products

Commercial Chemical Products
Inherently Waste-Like Materials
Use/Reuse

Legitimate Recycling
Recyclable Materials
Precious Metals Reclamation
Spent Lead-Acid Batteries
Universal Waste
Case-by-Case Variances
Incidental Processing
(Un)-Contained Gases
Waste-Specific Issues


-------
RCR 4 Definition of Solid Waste Compendium - Volume P: Precious Metals Reclamation

Introduction

Return to: Main Index

About the Compendium

The Definition of Solid Waste Compendium serves as a user-friendly reference to
assist Environmental Protection Agency (EPA) and state staff, industrial facilities
generating and managing solid and hazardous wastes, as well as the general public, in
locating resources addressing specific regulatory issues within the federal Definition of
Solid Waste regulations. Please note that this reference is designed to be web-based;
therefore, the usefulness of the document is maximized when it is viewed on a computer
that is connected to the internet.

A frequently mentioned comment from stakeholders is the need for EPA to
improve the user-friendliness of the existing regulations. Commenters note that the
applicable Definition of Solid Waste regulations and relevant guidance materials are
difficult to locate and use. As a result, stakeholders have difficulty in understanding the
regulations and identifying solid waste. The objective of this document is to address
some of the commenters' concerns by consolidating and streamlining the Definition of
Solid Waste into a helpful reference tool that features a user-friendly format, including
references to EPA FAQs (Frequently Asked Questions), letters, memoranda, and
guidance documents that EPA has provided to the public through the years to help
stakeholders interpret the Definition of Solid Waste. This document does not change any
of the existing solid or hazardous waste requirements.

The resources referenced in the Compendium may include Federal Register (FR)
notices, documents from Resource Conservation and Recovery Act (RCRA) Online (e.g.,
RCRA Hotline Q&A's, letters, and memoranda issued by EPA), and other resources, as
well as relevant Code of Federal Regulations (CFR) language. We have attempted to
identify the relevant resources for each Compendium volume topic. However, please
note that EPA could have inadvertently overlooked a relevant document and did not
reference it. Certain available resources, such as superseded RCRA Online documents
and items that were judged to be not pertinent, have not been referenced. Most of the
referenced resources are not included or reproduced in the Compendium; instead,
hyperlinks to the resources are provided. As an exception, we have included a version of
relevant sections of the most current CFR language (as of the date on the cover of the
Compendium) that we have reformatted to make it easier to read and find citations of
interest. In addition, we also provide links to the Government Printing Office's
Electronic Code of Federal Register Web site (e-CFR), which is updated almost daily.

Please note that this document is also not a rulemaking in any way. As well, the
included reformatted CFR language is not a substitute for the CFR itself or the
requirements in the CFR. The Government Printing Office frequently updates the e-CFR

Introduction

iii


-------
RCR 4 Definition of Solid Waste Compendium - Volume P: Precious Metals Reclamation

Web site; where appropriate, hyperlinks to the respective CFR section at the e-CFR Web
site are provided.

This reference document presents only the federal Definition of Solid Waste.

Most states are authorized to manage their own solid and hazardous waste generator
regulatory program. Therefore, states may have their own set of regulations that apply in
lieu of federal regulations, and while most state solid and hazardous waste regulations are
based on the federal requirements, some states have developed regulations more stringent
than the federal program. We direct you to the following Web site to determine if the
state regulatory program is different from the federal program:
http://www.epa.gov/epaoswer/osw/stateweb.htm.

The Definition of Solid Waste includes multiple subtopics, and is codified under
40 CFR. To help users of the Compendium more quickly identify the information they
need, and to make the Compendium more user-friendly in an electronic environment, the
Compendium has been divided into multiple volumes. These volumes are available
through EPA's Definition of Solid Waste Web site at

www.epa.gov/epaoswer/hazwaste/dsw/index.htm. Because regulations are promulgated
throughout the year, EPA intends to update the Compendium volumes periodically to
remain up-to-date with regulations relating to the Definition of Solid Waste.

About the Precious Metals Reclamation Volume

This volume of the Compendium references resources pertaining to the hazardous
waste recycling regulations for precious metals reclamation. These regulations are found
at 40 CFR 266.70.

This document is organized into three main sections:

•	Subtopic View - lists subtopics for resources

•	Resources - lists resources for a subtopic

•	CFR View - CFR language we've reformatted for easy reading

The Subtopic View section lists subtopics among precious metals reclamation resources.
The Resources section is comprised of a table, arranged by subtopic, that provides basic
details about and a hyperlink to each resource. The CFR View section provides
reformatted versions of the relevant CFR language. As noted previously, this reproduced
language is not a substitute for the CFR itself or the requirements in the CFR.
Additionally, the Government Printing Office frequently updates the e-CFR Web site to
which the document is linked; where appropriate, hyperlinks to the respective CFR
section at the e-CFR Web site are provided. These three main sections are cross-
referenced, where each section includes hyperlinks to the other sections. Please see the
"Navigation Tips" section for document navigation guidance.

This reference document does not provide guidance on solid waste or hazardous
waste regulations beyond issues relating to the hazardous waste recycling regulations for

Introduction

iv


-------
RCR 4 Definition of Solid Waste Compendium - Volume P: Precious Metals Reclamation

precious metals reclamation. For more information regarding the various regulations
applied to facilities generating or managing hazardous waste, see Hazardous Waste
Generators: A User Friendly Reference Document.

The Compendium volumes are also available in Microsoft Word format from
EPA upon request. For more information on these versions and any other questions or
comments concerning this document, please contact EPA's Office of Solid Waste:

Amanda Geldard
geldard.amanda@epa.gov
(703) 347-8975

Teena Wooten
wooten.teena@epa.gov
(703) 308-8751

Introduction

v


-------
RCR 4 Definition of Solid Waste Compendium - Volume P: Precious Metals Reclamation

Subtopic View

Return to: CFR View (CFR text) | Main Index

Precious Metals Reclamation [§§261.1(c)(4), 261.6(a)(2)(iii); 266.70]

Resource Index:

•	Resources applicable to all subtopics

•	Resources specific to subtopic:
o Legitimacy

o Silver

o Other requirements

Subtopic View

1


-------
RCR 4 Definition of Solid Waste Compendium - Volume P: Precious Metals Reclamation

Resources by Subtopic

Return to: Subtopic View | CFR View (CFR text) | Main Index

Subtopic

Resource

Document
Date

Type

Topic is
Focus?

Link to EPA
Summary

Link to
Resource

Resources
applicable to
all subtopics

1.

50 FR 614 - Hazardous Waste Management
System (Final) [pp. 633, 648-649]

1/4/1985

Federal
Register

Yes

N/A

PDF



2.

§261.1(c)(4) - Definition of "reclaimed"

N/A

Code of
Federal
Regulations

No

N/A

e-CFR



3.

§261.6(a)(2) - Materials not subject to the
requirements under this section

N/A

Code of
Federal
Regulations

No

N/A

e-CFR



4.

§266.70 - Applicability and requirements

N/A

Code of
Federal
Regulations

Yes

N/A

e-CFR





Return to: Subtopic View I

CFR View (CFR text) I Main Index







Legitimacy

1.

2.

REGULATORY DETERMINATION ON THE
STATUS OF PRECIOUS METAL RECOVERY
FURNACES

ECONOMICALLY SIGNIFICANT AMOUNTS OF

12/27/1993

Memo

Yes

Summary

PDF

PRECIOUS METALS	7/15/1998 Memo	Yes	Summary	PDF

Return to: Subtopic View | CFR View (CFR text) | Main Index

Resources

2


-------
RCR 4 Definition of Solid Waste Compendium - Volume P: Precious Metals Reclamation

Subtopic

Resource

Document
Date

Type

Topic is
Focus?

Link to EPA
Summary

Link to
Resource

Silver

1.

PHOTOGRAPHIC FIXER RECYCLING

7/16/1990

Memo

Yes

Summarv

I	 i

PDF



2.

REGULATORY STATUS OF SILVER-
CONTAINING WASTEWATER TREATMENT
SLUDGES WHEN RECYCLED

4/29/1993

Memo

Yes

Summary

PDF



3.

APPLICABILITY OF RCRA SUBTITLE C
REGULATIONS TO SILVER RECLAMATION
OPERATIONS OF SPENT PHOTOGRAPHIC
FIXER SOLUTIONS

2/28/1994

Memo

Yes

Summary

PDF



4.

INTERPRETATION REGARDING THE
REGULATORY STATUS OF SILVER
RECOVERY UNITS UNDER RCRA
REGULATIONS

10/5/1994

Memo

No

Summary

PDF





Return to: SubtoDic View I

CFR View (CFR text) I Main Index







Other

requirements

1.

BATTERIES, SCRAP METAL, AND PRECIOUS
METALS

12/18/1985

Memo

No

Summary

PDF



2.

RECYCLED PRECIOUS METALS, BATTERIES
FROM DEFENSE DEPT. SUPPLIES

11/19/1986

Letter

No

Summary

PDF



3.

RECYCLABLE MATERIALS WHERE
PRECIOUS METALS ARE RECLAIMED

12/20/1989

Memo

No

Summary

PDF



4.

GENERATOR STORAGE REQUIREMENTS
FOR PART 266, SUBPART F, PRECIOUS
METALS

4/1/1997

Q&A

Yes

Summary

PDF





Return to: Subtopic View I

CFR View (CFR text) I Main Index







Resources

3


-------
RCR 4 Definition of Solid Waste Compendium - Volume P: Precious Metals Reclamation

CFR View Index

Return to: Main Index
NOTE: The CFR links in the below index are internal to this document.

CFR Location

Title/Topic

261.1

Purpose and scope

261.1(c)

(definitions) For the purposes of §§261.2 and 261.6

261.6

Requirements for recyclable materials

261.6(a)

Hazardous wastes that are recycled are subject to the
requirements for generators, transporters, and storage facilities
of paragraphs (b) and (c) of this section, except for the
materials listed in paragraphs (a)(2) and (a)(3) of this section.

266.70

Applicability and requirements

CFR View - Index

4


-------
RCR 4 Definition of Solid Waste Compendium - Volume P: Precious Metals Reclamation

CFR View

Return to: Main Index
NOTE: The CFR language outline has been formatted
§261.1: Purpose and scope.

View Resources | Go to e-CFR | Return to: CFR Index | Subtopic View | Main Index

[* **1*receding section text omitted***]

(c) For the purposes of §§261.2 and 261.6:

\***Preceding subsection text omitted* **\

(4) A material is "reclaimed" if it is processed to recover a usable product, or if it is
regenerated. Examples are recovery of lead values from spent batteries and regeneration
of spent solvents.

[***Remaining section text omitted***\

§261.6: Requirements for recyclable materials.

View Resources | Go to e-CFR | Return to: CFR Index | Subtopic View | Main Index

(a) (1) Hazardous wastes that are recycled are subject to the requirements for generators,

transporters, and storage facilities of paragraphs (b) and (c) of this section, except for the
materials listed in paragraphs (a)(2) and (a)(3) of this section. Hazardous wastes that are
recycled will be known as "recyclable materials."

(2) The following recyclable materials are not subject to the requirements of this section
but are regulated under subparts C through O of part 266 of this chapter and all applicable
provisions in parts 270 and 124 of this chapter:

(i)	Recyclable materials used in a manner constituting disposal (40 CFR part 266,
subpart C);

(ii)	Hazardous wastes burned for energy recovery in boilers and industrial
furnaces that are not regulated under subpart O of part 264 or 265 of this chapter
(40 CFR part 266, subpart H);

(iii)	Recyclable materials from which precious metals are reclaimed (40 CFR part
266, subpart F);

(iv)	Spent lead-acid batteries that are being reclaimed (40 CFR part 266, subpart
G).

(v)	U.S. Filter Recovery Services XL waste (40 CFR part 266, subpart O).

[ * * *Remaining section text omitted* * *]

CFR View - 40 CFR 261.1(c) and 261.6(a)

5


-------
RCR 4 Definition of Solid Waste Compendium - Volume P: Precious Metals Reclamation

§266.70: Applicability and requirements.

View Resources | Go to e-CFR | Return to: CFR Index | Subtopic View | Main Index

(a)	The regulations of this subpart apply to recyclable materials that are reclaimed to recover
economically significant amounts of gold, silver, platinum, palladium, iridium, osmium,
rhodium, ruthenium, or any combination of these.

(b)	Persons who generate, transport, or store recyclable materials that are regulated under this
subpart are subject to the following requirements:

(1)	Notification requirements under section 3010 of RCRA;

(2)	Subpart B of part 262 (for generators), §§263.20 and 263.21 (for transporters), and
§§265.71 and 265.72 (for persons who store) of this chapter; and

(3) For precious metals exported to or imported from designated OECD member countries for
recovery, subpart H of part 262 and §265.12(a)(2) of this chapter. For precious metals exported
to or imported from non-OECD countries for recovery, subparts E and F of 40 CFR part 262.

(c)	Persons who store recycled materials that are regulated under this subpart must keep the
following records to document that they are not accumulating these materials speculatively (as
defined in §261.1(c) of this chapter);

(1)	Records showing the volume of these materials stored at the beginning of the calendar
year;

(2)	The amount of these materials generated or received during the calendar year; and

(3)	The amount of materials remaining at the end of the calendar year.

(d)	Recyclable materials that are regulated under this subpart that are accumulated speculatively
(as defined in §261.1(c) of this chapter) are subject to all applicable provisions of parts 262
through 265, 270 and 124 of this chapter.

View Resources | Go to e-CFR | Return to: CFR Index | Subtopic View | Main Index

***End of Precious Metals Reclamation CFR Excerpts ***

CFR View - 40 CFR 266.70

6


-------
RCR 4 Definition of Solid Waste Compendium - Volume P: Precious Metals Reclamation

Glossary of Acronyms

Return to: Main Index

Acronym

Meaning

CFR

Code of Federal Regulations

e-CFR

electronic Code of Federal Regulations

EPA

Environmental Protection Agency

FR

Federal Register

OECD

Organisation for Economic Co-operation and
Development

RCRA

Resource Conservation and Recovery Act

Glossary of Acronyms

7


-------