Faxback 13356
9441.1990(09a)

RCRA/Superfund/OUST Hotline Monthly Report Question

March 1990

1. Clarification of By-Product Versus Scrap Metal

A manufacturer of computer circuit boards sends unused
off-specification printed circuit boards and board
trimmings from the production process off-site for
reclamation. The printed circuit boards are made of
alternating layers of thin copper and fiberglass plates
coated with tin lead; containing approximately 30%
copper, 68% fiberglass, and 2% tin lead. How are the
unused boards classified under 40 CFR 261.2, and are the
trimmings by-products or scrap metal? Would these
materials be solid wastes under RCRA?

The unused circuit boards are secondary materials. Under 40 CFR
261.2, the Agency designates those secondary materials which are
RCRA Subtitle C solid wastes when recycled. According to Section
261.2(c)(3), unused off-specification commercial chemical products
listed in 40 CFR 26133 are not considered solid wastes when sent
for reclamation. Although the Agency does not directly address non
listed commercial chemical products in the regulations, their
status would be the same as those that are listed (see 50 FR 14219,
April 11, 1985). The unused circuit boards are considered to be
non-listed commercial chemical products, and thus, are not solid
wastes when reclaimed. If, however, the circuit boards had been
used and were no longer fit for use, they would be considered spent
materials and defined as solid wastes when reclaimed.

The trimmings are inherently unfit for end use and will be
reclaimed. In the January 4, 1985 Federal Register (50 FR 625), the
Agency defines by-products as materials "that are not produced
intentionally or separately, and that are unfit for end use without
substantial processing." The printed circuit board trimmings meet
the definition of characteristic by-product rather than scrap
metal, and are not solid wastes when reclaimed under Section
261.2(c)(3). Although the trimmings are physically similar to scrap
metal, to meet the definition of scrap metal, the material must
have significant metal content, i.e., greater than 50% metal. In
fact, examples given in the Preamble concerning scrap metal were
virtually 100% metal. Materials defined as scrap metal under
Section 261.1 are solid wastes when reclaimed, and, if hazardous,
are presently exempt under Section 261.6(a)(3)(iv) from Subtitle C
regulation. The Agency has deferred hazardous scrap metal from
regulation until appropriate information on types of scrap metal
and industry management practices is made available for study.