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EPA530-R-07-003
May 2008
Version 1
Definition of Solid Waste Compendium
Volume O: Recyclable Materials
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
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RCK 4 Definition of Solid Waste Compendium - Volume O: Recyclable Materials
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i
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RCRA Definition of Solid Waste Compendium - Volume O: Recyclable Materials
Main Index
Volume O: Recyclable Materials
Navigation Tips i
Main Index ii
Introduction iii
Sub topic View 1
Resources by Subtopic 2
CFR View 4
Glossary of Acronyms 8
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
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RCK 4 Definition of Solid Waste Compendium - Volume O: Recyclable Materials
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 Regulations 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
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RCK 4 Definition of Solid Waste Compendium - Volume O: Recyclable Materials
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 Recyclable Materials Volume
This volume of the Compendium references resources pertaining to the regulation
of recyclable materials under the hazardous waste recycling regulations (40 CFR 261.6).
This document is organized into three main sections:
• Subtopic View - lists subtopics for resources
• Resources - lists resources for each subtopic
• CFR View - CFR language we've reformatted for easy reading
The Subtopic View section lists the subtopics among the resources pertaining to the
regulation of recyclable materials. 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 concerning to the regulation of recyclable materials
Introduction
iv
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RCK 4 Definition of Solid Waste Compendium - Volume O: Recyclable Materials
under the hazardous waste recycling regulations. 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
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RCK 4 Definition of Solid Waste Compendium - Volume O: Recyclable Materials
Subtopic View
Return to: CFR View (CFR text) | Main Index
Recyclable Materials [§261.6]
Resource Index:
• Resources applicable to all subtopics
• Resources specific to subtopic:
o LDR requirements
o Scrap metal
o Oil-bearing wastes
Subtopic View
1
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RCK 4 Definition of Solid Waste Compendium - Volume O: Recyclable Materials
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 - Amendments to Definition of Solid
Waste (Final) [pp. 618, 643-652]
1/4/1985
Federal
Register
Yes
N/A
PDF
2.
50 FR 33541 - Amendments to Definition of
Solid Waste (Technical Corrections) [All pages]
8/20/1985
Federal
Register
Yes
N/A
PDF
3.
50 FR 49164 - Burning of Waste Fuel and Used
Oil Fuel in Boilers and Industrial Furnaces
(Final) [pp. 49169-49171]
11/29/1985
Federal
Register
Yes
N/A
PDF
4.
51 FR 28664 - Exports of Hazardous Waste
(Final) [p. 28671]
8/8/1986
Federal
Register
Yes
N/A
PDF
5.
56 FR 7134 - Burning Hazardous Waste in
Boilers and Industrial Furnaces (Final) [pp.
7202-7203]
2/21/1991
Federal
Register
Yes
N/A
PDF
6.
57 FR 41566 - Recycled Used Oil Management
Standards (Final) [pp. 41580-41581]
9/10/1992
Federal
Register
Yes
N/A
PDF
7.
59 FR 38536 - Amendments to Definition of
Solid Waste (Final) [p. 38542]
7/28/1994
Federal
Register
Yes
N/A
PDF
8.
66 FR 28066 - Project XL Site-Specific
Rulemaking for US Filter Recovery Services
(Final) [All pages]
5/22/2001
Federal
Register
Yes
N/A
PDF
9.
§261.6 - Requirements for recyclable materials.
N/A
Code of
Federal
Regulations
Yes
N/A
e-CFR
Return to: Subtopic View | CFR View (CFR text) | Main Index
Resources
2
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RCK 4 Definition of Solid Waste Compendium - Volume O: Recyclable Materials
Subtopic
Resource
Document
Date
Type
Topic is
Focus?
Link to EPA
Summary
Link to
Resource
LDR
requirements
1.
NOTIFICATION REQUIREMENTS FOR
RECYCLABLE MATERIALS
4/1/1988
Q & A
No
Summarv
PDF
2.
RECYCLABLE MATERIALS WHERE
PRECIOUS METALS ARE RECLAIMED
12/20/1989
Memo
Yes
Summary
PDF
Return to: Subtopic View I
CFR View (CFR text) I Main Index
Scrap metal
1.
APPLICATION OF THE SCRAP METAL
EXEMPTION TO LEAD FOIL USED IN DENTAL
X-RAY PACKAGES
4/29/1993
Letter
Yes
Summary
PDF
2.
APPLICABILITY OF EXCLUSION FROM THE
DEFINITION OF SOLID WASTE FOR
PROCESSED SCRAP METAL TO USED OIL
FILTERS
6/2/1998
Letter
No
Summary
PDF
Return to: SubtoDic View I
CFR View (CFR text) I Main Index
Oil-bearing
wastes
1.
FINAL RULE EXEMPTING RECOVERED OIL
FROM THE DEFINITION OF SOLID WASTE
7/26/1994
Memo
Yes
Summary
PDF
2.
REGULATORY STATUS OF A GASIFICATION
UNIT PROPOSED BY TEXACO TO BE BUILT
IN EL DORADO, KANSAS
5/25/1995
Letter
Yes
Summary
PDF
Return to: Subtopic View I
CFR View (CFR text) I Main Index
Resources
3
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RCK 4 Definition of Solid Waste Compendium - Volume O: Recyclable Materials
CFR View
Return to: Main Index
NOTE: The CFR language outline has been formatted
§261.6: Requirements for recyclable materials.
View Resources | Go to e-CFR | Return to: Subtopic View | Main Index
[* **1*receding section text omitted***]
(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).
(3) The following recyclable materials are not subject to regulation under parts 262
through parts 266 or parts 268, 270 or 124 of this chapter, and are not subject to the
notification requirements of section 3010 of RCRA:
(i) Industrial ethyl alcohol that is reclaimed except that, unless provided otherwise
in an international agreement as specified in §262.58:
CFR View - 40 CFR 261.6(a)
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RCK 4 Definition of Solid Waste Compendium - Volume O: Recyclable Materials
§261.6: Requirements for recyclable materials (cont.).
View Resources | Go to e-CFR | Return to: Subtopic View | Main Index
(A) A person initiating a shipment for reclamation in a foreign country,
and any intermediary arranging for the shipment, must comply with the
requirements applicable to a primary exporter in §§262.53, 262.56 (a)(1)—
(4), (6), and (b), and 262.57, export such materials only upon consent of
the receiving country and in conformance with the EPA Acknowledgment
of Consent as defined in subpart E of part 262, and provide a copy of the
EPA Acknowledgment of Consent to the shipment to the transporter
transporting the shipment for export;
(B) Transporters transporting a shipment for export may not accept a
shipment if he knows the shipment does not conform to the EPA
Acknowledgment of Consent, must ensure that a copy of the EPA
Acknowledgment of Consent accompanies the shipment and must ensure
that it is delivered to the facility designated by the person initiating the
shipment.
(ii) Scrap metal that is not excluded under §261.4(a)(13);
(iii) Fuels produced from the refining of oil-bearing hazardous waste along with
normal process streams at a petroleum refining facility if such wastes result from
normal petroleum refining, production, and transportation practices (this
exemption does not apply to fuels produced from oil recovered from oil-bearing
hazardous waste, where such recovered oil is already excluded under
§261.4(a)(12);
(iv) (A) Hazardous waste fuel produced from oil-bearing hazardous wastes
from petroleum refining, production, or transportation practices, or
produced from oil reclaimed from such hazardous wastes, where such
hazardous wastes are reintroduced into a process that does not use
distillation or does not produce products from crude oil so long as the
resulting fuel meets the used oil specification under §279.11 of this
chapter and so long as no other hazardous wastes are used to produce the
hazardous waste fuel;
(B) Hazardous waste fuel produced from oil-bearing hazardous waste
from petroleum refining production, and transportation practices, where
such hazardous wastes are reintroduced into a refining process after a
point at which contaminants are removed, so long as the fuel meets the
used oil fuel specification under §279.11 of this chapter; and
CFR View - 40 CFR 261.6(a){cont)
5
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RCK 4 Definition of Solid Waste Compendium - Volume O: Recyclable Materials
§261.6: Requirements for recyclable materials (cont.).
View Resources | Go to e-CFR | Return to: Subtopic View | Main Index
(C) Oil reclaimed from oil-bearing hazardous wastes from petroleum
refining, production, and transportation practices, which reclaimed oil is
burned as a fuel without reintroduction to a refining process, so long as the
reclaimed oil meets the used oil fuel specification under §279.11 of this
chapter.
(4) Used oil that is recycled and is also a hazardous waste solely because it exhibits a
hazardous characteristic is not subject to the requirements of parts 260 through 268 of
this chapter, but is regulated under part 279 of this chapter. Used oil that is recycled
includes any used oil which is reused, following its original use, for any purpose
(including the purpose for which the oil was originally used). Such term includes, but is
not limited to, oil which is re-refined, reclaimed, burned for energy recovery, or
reprocessed.
(5) Hazardous waste that is exported to or imported from designated member countries of
the Organization for Economic Cooperation and Development (OECD) (as defined in
§262.58(a)(1)) for purpose of recovery is subject to the requirements of 40 CFR part 262,
subpart H, if it is subject to either the Federal manifesting requirements of 40 CFR Part
262, to the universal waste management standards of 40 CFR Part 273, or to State
requirements analogous to 40 CFR Part 273.
(b) Generators and transporters of recyclable materials are subject to the applicable requirements
of parts 262 and 263 of this chapter and the notification requirements under section 3010 of
RCRA, except as provided in paragraph (a) of this section.
(c) (1) Owners and operators of facilities that store recyclable materials before they are
recycled are regulated under all applicable provisions of subparts A though L, AA, BB,
and CC of parts 264 and 265, and under parts 124, 266, 268, and 270 of this chapter and
the notification requirements under section 3010 of RCRA, except as provided in
paragraph (a) of this section. (The recycling process itself is exempt from regulation
except as provided in §261.6(d).)
(2) Owners or operators of facilities that recycle recyclable materials without storing
them before they are recycled are subject to the following requirements, except as
provided in paragraph (a) of this section:
(i) Notification requirements under section 3010 of RCRA;
(ii) Sections 265.71 and 265.72 (dealing with the use of the manifest and manifest
discrepancies) of this chapter.
(iii) Section 261.6(d) of this chapter.
CFR View - 40 CFR 261.6(a)(«w?.)-(c)
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RCK 4 Definition of Solid Waste Compendium - Volume O: Recyclable Materials
§261.6: Requirements for recyclable materials (cont.).
View Resources | Go to e-CFR | Return to: Subtopic View | Main Index
(d) Owners or operators of facilities subject to RCRA permitting requirements with hazardous
waste management units that recycle hazardous wastes are subject to the requirements of
subparts AA and BB of part 264 or 265 of this chapter.
***End of Recyclable Materials CFR Excerpts ***
CFR View - 40 CFR 261.6(d)
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RCK 4 Definition of Solid Waste Compendium - Volume O: Recyclable Materials
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
RCRA
Resource Conservation and Recovery Act
Glossary of Acronyms
8
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