^£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 ------- |