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04/01/2014APPLICABLE RCRA REGULATIONS FOR RECYCLING CATHODE RAY TUBE (CRT) GLASSMemo
 Description: The regulations at 261.4(a)(22) and 261.39 would apply to the recycling of used cathode ray tubes (CRTs), both intact and broken. The exclusion at 261.39(c) only applies to processed CRT glass sent for recycling to a CRT glass manufacturer or a lead smelter; the provision would not apply to a mechanical process used to recycle CRT glass into lead and silica sand. The generator of the hazardous CRT glass may recycle the glass in an on-site hazardous waste generator accumulation unit without a hazardous waste permit, provided they are in compliance with the applicable requirements in 262.34 and the treatment is not thermal treatment. If the lead or silica were applied to or placed on the land or used in foundations or other land placement activities, EPA would consider it to be a recycled material used in a manner constituting disposal and subject to the regulations in Part 266, Subpart C. These regulations require that the product of the recycling meet the applicable land disposal restriction (LDR) treatment standards in Part 268, Subpart D prior to placing the material on the land. Under RCRA, all recycling must meet the criteria for legitimate recycling.
 
04/24/2013REGULATORY STATUS OF CATHODE RAY TUBE (CRT) PROCESSED GLASS SENT TO COPPER SMELTERSMemo
 Description: Under 40 CFR 261.4(a)(22)(iv), processed cathode ray tube (CRT) glass is excluded from solid and hazardous waste regulation, provided it meets the requirements of 261.39(c). Section 261.39(c) requires that the CRT glass is destined for recycling at a CRT glass manufacturer or a lead smelter and the glass is not speculatively accumulated as defined in 261.1(c)(8). This exclusion does not apply to CRT processed glass sent to copper smelters (SEE ALSO: 71 FR 42928, 42937; July 28, 2006). However, processed CRT glass used as an effective substitute for virgin fluxing agent at copper smelters would be excluded from solid and hazardous waste regulation under 261.2(e)(1)(ii) (SEE ALSO: 71 FR 42928, 42937; July 28, 2006; Memorandum, Shapiro to Richter; March 8, 1995 (RO 11900)).
 
09/01/2009Choosing a Responsible Recycler: A Guide for Generators of Secondary Hazardous MaterialsPublication
 Description: This document discusses what to ask when choosing a hazardous waste recycler: learn the basics, understand the recycling process, and ask about what happens afterwards.
 
04/09/2009REGULATORY STATUS OF GLASS CULLET FROM CATHODE RAY TUBES (CRTS)Memo
 Description: Processed CRT glass is glass that has been broken, separated, and sorted or otherwise managed after it has been removed from CRT monitors. The glass does not have be cleaned. The coatings do not have to be removed. If it is sent to a CRT glass manufacturer or a lead smelter it is not subject to any export requirements, and it need not be packaged or labeled. If glass has been removed from used CRT monitors and has not been sorted, or otherwise managed, it would be considered used broken CRTs. Such glass is also not considered a solid waste or hazardous waste if it is managed in accordance with the requirements of the new rule. However, if it is exported, the glass would be subject to the requirements of 40 CFR 261.39(a)(5), which require notice to EPA and consent from the receiving country. (SEE ALSO: 7 1 FR 42928, July 28, 2006)
 
10/01/2008Environmental Fact Sheet: Modification to the Definition of Solid Waste Aims To Increase RecyclingPublication
 Description: This fact sheet describes the Definition of Solid Waste Final Rule, which establishes streamlined requirements for materials that are generated and legitimately reclaimed under the control of the generator; materials that are generated and transferred to another company for legitimate reclamation under specific conditions; and materials that EPA or an authorized state determines to be non-wastes through a case-by-case petition process. The rule also contains a provision to determine which recycling activities are legitimate under the new exclusions and non-waste determinations.
 
06/01/2008A Collection of Solid Waste Resources, 2008 Edition (CD-ROM)Publication
 Description: This CD contains more than three hundred publications on hazardous and nonhazardous waste including Spanish publications. The publications cover many topics including recycling and reuse, buying recycled, hazardous waste management, composting, and used motor oil. In addition, the CD includes a wide variety of educational materials. The CD also contains information about the Resource Conservation Challenge (RCC), an innovative national effort to find flexible, yet protective, ways to conserve the nation's resources.
 
01/25/2008BLAST FURNACE SLAG AGGREGATE (BFSA) AND STEEL SLAG USAGE IN RECOVERED MINERAL COMPONENTS IN CEMENT AND CONCRETE PROJECTSMemo
 Description: Additional discussion of blast furnace slag aggregate (BFSA) and steel slag, including environmental benefit estimates for the use of BFSA as an aggregate, will be included in the "Study on Increasing Usage of Recovered Mineral Components (RMCs) in Cement and Concrete Projects."
 
08/23/2007RECLAMATION OF MATERIAL RECOVERED FROM CRUDE OIL STORAGE TANKSMemo
 Description: Crude oil tank sediment from petroleum refining operations is listed hazardous waste K169. If the tank is located at or affiliated with a petroleum refinery, and the tank materials are reclaimed on-site at the petroleum refinery, the generated residuals would meet the K169 listing. Crude oil tank materials sent for legitimate reclamation would not be a solid waste. Residuals generated from off-site reclamation would represent a new point of generation, would not meet the K169 listing, and would only need to be assessed for hazardous waste characteristics. No listings apply to discarded tank sediments for crude oil storage not located or affiliated with a petroleum refinery.
 
03/01/2007Environmental Fact Sheet: Proposed Revisions to the Definition of Solid Waste Aim to Increase RecyclingPublication
 Description: This fact sheet discusses the new proposal restructuring the 2003 Definition of Solid Waste proposal. The new proposal streamlines regulation of hazardous secondary materials to encourage beneficial recycling and help conserve resources. By removing unnecessary controls, recycling these materials will not only be safe, but also easier and more cost-efficient.
 
01/26/2007SPENT PICKLE LIQUOR RECYCLED TO PRODUCE HYDROCHLORIC ACID AND IRON OXIDEMemo
 Description: Authorized states regulate spent pickle liquor recycling. EPA expects to publish upcoming proposal on hazardous waste recycling.
 
11/15/2006CRT PROCESSED GLASS RECYCLING AND STORAGEMemo
 Description: Unused CRTs are not regulated when recycled because they are unused chemical products being reclaimed. If unused materials are mixed with recycled materials, they would be subject to the applicable CRT regulations (SEE ALSO: 71 FR 42928, 42929; July 28, 2006). Processed CRT glass has been broken, separated, and sorted or otherwise managed. CRT glass that has been removed from monitors and sorted is regulated as processed CRT glass. Processed CRT glass sent to a CRT glass manufacturer or a lead smelter, is not subject to any storage requirements other than the requirement that it not be speculatively accumulated as defined in 40 CFR 261.1(c)(8). Processed glass is not subject to regulations for CRT glass exported for recycling.
 
10/04/2005GUIDANCE FOR IDENTIFYING INCIDENTAL PROCESSING ACTIVITIESMemo
 Description: Activities that change a material’s physical form without changing the mass of the material or its chemical composition or make only a minor change to the mass of the material, which may also make a minor change to the chemical composition, are considered incidental processing. Incidental processing activities may take place at any step during the use/reuse process. A process may involve more than one incidental processing step as long as the cumulative effect is incidental. Another indicator of incidental processing is whether an analogous process using raw materials includes the same or similar activities at the same point in the process. Provides examples of incidental processing.
 
10/08/2004REUSABLE AND DISPOSABLE SOLVENT-CONTAMINATED INDUSTRIAL WIPESMemo
 Description: Response to concerns about the proposed rags and wipers rule. Includes attachments such as Response to Concerns on Solvent-Contaminated Wipes Proposal (SEE ALSO: Dunne to Clinton, 9/13/04 RO14724).
 
09/13/2004REUSABLE AND DISPOSABLE SOLVENT-CONTAMINATED INDUSTRIAL WIPESMemo
 Description: Many states currently provide regulatory relief for resuable contaminated wipes sent to an industrial laundry for cleaning and reuse with conditions that vary from state to state. Most states require that containers of wipes do not contain free liquids. (Similar letter sent to Waxman, DeLauro, and Boxer)
 
09/13/2004REUSABLE AND DISPOSABLE SOLVENT-CONTAMINATED INDUSTRIAL WIPESMemo
 Description: Many states currently provide regulatory relief for resuable contaminated wipes sent to an industrial laundry for cleaning and reuse with conditions that vary from state to state. Most states require that containers of wipes do not contain free liquids. (SEE ALSO: Dunne to Clinton, 9/13/04 RO14724)
 
09/13/2004REUSABLE AND DISPOSABLE SOLVENT-CONTAMINATED INDUSTRIAL WIPESMemo
 Description: Many states currently provide regulatory relief for resuable contaminated wipes sent to an industrial laundry for cleaning and reuse with conditions that vary from state to state. Most states require that containers of wipes do not contain free liquids. (SEE ALSO: Dunne to Clinton, 9/13/04 RO14724)
 
09/13/2004REUSABLE AND DISPOSABLE SOLVENT-CONTAMINATED INDUSTRIAL WIPESMemo
 Description: Many states currently provide regulatory relief for resuable contaminated wipes sent to an industrial laundry for cleaning and reuse with conditions that vary from state to state. Most states require that containers of wipes do not contain free liquids. (SEE ALSO: Dunne to Clinton, 9/13/04 RO14724)
 
08/01/2004REGULATION OF CRTS AND OTHER COMPUTER ELECTRONICSMemo
 Description: Color computer monitors containing cathode ray tubes (CRTs) are often RCRA hazardous wastes. There is no data suggesting processing units are hazardous wastes. Color monitors may contain high amounts of lead in CRTs and be characteristic wastes. Other hazardous constituents such as mercury, cadmium, and arsenic are sometimes present in CRT glass in low concentrations. Generators of solid waste CRTs and other computer equipment are required to make hazardous waste determiations for these materials by testing them or applying their knowledge.
 
03/29/2004PROPOSED CHANGES TO THE DEFINITION OF SOLID WASTE Memo
 Description: Proposal for changes to the definition of solid waste regulations include how secondary materials are regulated when they are recycled. The two major components of the proposed rule include a regulatory exclusion for materials recycled in a continuous process within the generating industry and codification of criteria for determining whether recycling is legitimate.
 
08/19/2003REGULATORY STATUS OF OIL-BEARING SECONDARY MATERIALS UNDER RCRAMemo
 Description: Oil-bearing hazardous secondary materials generated from petroleum refining operations that can be legitimately recycled at petroleum refineries are excluded in 40 CFR 261.4(a)(12)(i) (SEE ALSO: 63 FR 42110; 8/6/1998). There is no minimum amount of oil required for the exclusion, but there must be recoverable amounts of hydrocarbons for legitimate recycling to occur. This exclusion applies to oil-bearing hazardous secondary materials, irrespective of whether they are listed or characteristic. Spent petroleum catalysts (K171-K172) may qualify for the exclusion. The exclusion only extends to materials actually inserted into the refinery process. The exclusion applies at the point of generation, even if preprocessing occurs, provided the conditions of the exclusion are met. The point of insertion into the refining process must be consistent with the material being recycled, and the material must be suitable for insertion. Materials may be inserted into the same refinery where they were generated or sent to another refinery. The materials cannot be sent to an intermediate non-refinery facility for processing. There is no limit on the number of transfers of the materials if recycling is legitimate and no speculative accumulation occurs. Processing equipment handling the materials is generally exempt from RCRA, since the material is excluded and the equipment is considered a process unit in 261.4(c). The processing equipment may be subject to RCRA if it contains reclamation residuals and no longer meets the process unit exclusion. The refinery does not need to own the equipment used to process and reclaim residuals to meet the exclusion.
 
07/17/2003RCRA REGULATION OF FERTILIZERS MADE FROM RECYCLED HAZARDOUS WASTEMemo
 Description: The Agency reviewed data on fertilizer contaminants (small amounts of lead, cadmium, arsenic, dioxins, and others) and found low risks were posed to people and the environment. Adding hazardous wastes to fertilizers as a way of disposing of them is illegal under RCRA. Fertilizer products may be made with ingredients extracted from certain hazardous waste materials such as zinc "micro-nutrient" fertilizers. Modern technologies are used to process zinc-bearing waste and filter out the hazardous contaminants. Fertilizers made from zinc-bearing waste are of the same purity and quality as fertilizers made from virgin sources of zinc. EPA supports zinc waste fertilizer production as an environmentally beneficial recycling practice.
 
07/02/2003TREATMENT AND DISPOSAL OF MERCURY-BEARING HAZARDOUS WASTE AND DEBRISMemo
 Description: Mercury-bearing hazardous wastes originate from several sources, and waste regulation varies depending on its source. EPA is gathering information on the final disposition of mercury wastes. Only certain mercury-bearing wastes can be treated using the alternative land disposal restrictions (LDR) debris treatment standards. The treatment technologies for metal-bearing debris include source separation, microencapuslation, and macroencapsulation. If the debris treatment technologies cannot be achieved, the wastes are subject to the non-debris treatment standards. Some mercury wastes (e.g., dental amalgam collection devices, batteries) are not debris and cannot be disposed using 268.45. Most household waste collection centers send mercury wastes for recovery.
 
06/26/2003TREATMENT AND DISPOSAL OF MERCURY-BEARING HAZARDOUS WASTEMemo
 Description: EPA is interested in preventing avoidable releases of mercury to the environment. EPA is gathering information from states and Regional offices to determine the ways in which mercury-bearing hazardous waste is recycled, treated, and disposed.
 
06/13/2003TOXIC WASTE IN FERTILIZER Memo
 Description: The small amounts of contaminants in fertilizers pose a very low risk to human health and environment. Sham recycling of hazardous waste in fertilizers is illegal, but not widespread. Zinc fertilizers made using zinc extracted from hazardous wastes are processed to filter out hazardous contaminants, yielding fertilizers of the same purity and quality as ones produced from virgin sources. Fertilizers made from recycled hazardous waste account for one tenth of one percent of fertilizers used. RCRA regulations have been in place since 1985 for the legitimate use of hazardous waste in fertilizers, but RCRA does not regulate non-waste derived fertilizers. States may have requirements for all types of fertilizers produced (SEE ALSO: 67 FR 48393; 7/24/02).
 
04/28/2003TREATMENT OF MERCURY-BEARING HAZARDOUS WASTES BEFORE DISPOSALMemo
 Description: Mercury-bearing hazardous wastes originate from several sources, including households, industry, and cleanup sites. Different federal and state regulations govern such wastes depending on their source. EPA is reaching out to states and municipalities to improve their understanding of the management and disposal of mercury-bearing wastes from different sources. Some mercury-bearing wastes are treated using the alternative land disposal restrictions (LDR) debris treatment standards in 268.45 as opposed to the treatment standards requiring retorting in 268.40. EPA is investigating whether mercury-containing debris are typically disposed of in landfills, with or without treatment, or reclaimed through retorting. (SEE ALSO: 70 FR 45508; 8/5/05)
 
04/14/2003MANAGEMENT OF MERCURY-CONTAINING HAZARDOUS WASTESMemo
 Description: Mercury-containing hazardous wastes come from several sources, including households, industry, and cleanup sites. Federal and state regulations differ for such wastes depending on their source. EPA is working with states to determine how mercury-containing devices are managed by collection programs and is consulting Regional offices to track the disposition of mercury cleanup wastes. In order to divert mercury-containing products from municipal and hazardous wastestreams, EPA has proposed to add mercury-containing equipment to the universal waste rule and has initiated several outreach programs that promote the recycling of mercury lamps and other mercury wastes (SUPERCEDED: 70 FR 45508; 8/5/05).
 
04/01/2003RCRA REGULATIONS FOR ELECTRONIC MATERIALS THAT ARE REUSED OR RESOLDQuestion & Answer
 Description: A business sending electronics to a reseller for reuse is not a RCRA generator. Electronics reused in the same manner without reclamation are still considered commercial products. Repairing electronics before resale is neither reclamation nor waste management. Electronics sent for other types of recycling may be spent materials and thus solid wastes when reclaimed. Electronics users and recyclers should check with their implementing agency to see what RCRA requirements apply. EPA encourages states to take approaches consistent with its cathode ray tube (CRT) proposal to exclude CRTs from the definition of solid waste when recycled under certain conditions (SEE ALSO: 67 FR 40508; 6/12/02).
 
03/31/2003REGULATORY STATUS OF RECYCLING CERTAIN ALLOY SOLDER PASTE RESIDUAL MATERIALSMemo
 Description: EPA has not published an interpretation regarding the regulatory status of recycling certain lead/tin/silver alloy solder paste residual materials (e.g., empty containers, debris, wipes). Refer to the authorized state for a site-specific interpretation.
 
03/21/2003REGULATION OF FERTILIZERS MADE FROM RECYCLED HAZARDOUS WASTEMemo
 Description: Small amounts of contaminants in fertilizers pose a very low risk to human health and the environment. Sham recycling of hazardous waste in fertilizers is illegal and not widespread. The RCRA regulations regarding the legitimate use of hazardous waste in fertilizers were recently updated and strengthened (SEE ALSO: 67 FR 48393; 7/24/02). These regulations ensure that clean, high quality fertilizers are made from recycled hazardous waste by requiring initial processing of harmful contaminants. Fertilizers made from recycled hazardous waste account for one tenth of one percent of the total fertilizer market. RCRA only regulates fertilizers derived from hazardous waste. States may have requirements for all types of fertilizers that are produced.
 
02/27/2003EPA ACTIONS REGARDING FERTILIZER CONTAMINANTSMemo
 Description: EPA data indicate that contaminants in fertilizers pose a low risk. Adding hazardous wastes to fertilizers to simply dispose of them is illegal and an example of "sham" recycling. EPA has invested substantial resources into investigating the fertilizer industry's compliance with RCRA. The use of hazardous wastes to produce fertilizers is a legitimate, beneficial recycling practice, provided the manufacturers first remove harmful contaminants. EPA finalized regulations to strengthen controls over this recycling practice and to ensure that good, clean, high-quality fertilizers are produced as a result (SEE ALSO: 67 FR 48393; 7/24/02). EPA's authority to regulate fertilizer contaminants under RCRA is limited to hazardous waste fertilizers. EPA supports state initiatives to develop programs to control contaminants in all fertilizer products.
 
01/22/2003REGULATORY STATUS OF HAZARDOUS SECONDARY MATERIALS USED AS FEEDSTOCK IN GASIFICATION SYSTEMSMemo
 Description: Hazardous secondary materials that are processed in gasification systems to produce synthesis gas exclusively used or reused in industrial processes to manufacture legitimate products are not subject to RCRA, since such materials are excluded from the definition of solid waste, provided they are not reclaimed, used in a manner constituting disposal, burned for energy recovery, or speculatively accumulated (SEE ALSO: 67 FR 13864; 3/25/02). Materials must be legitimately recycled to satisfy the section 261.2(e) provisions. A legitimate recycling determination is most appropriately made by the implementing agency.
 
12/20/2002MANAGEMENT OF USED ELECTRONICS Memo
 Description: EPA and its state partners have developed detailed regulations to ensure proper waste management to prevent pollution. EPA, states, industry, and nonprofit groups are working to solve challenges presented by used electronics. EPA initiatives currently include proposed changes to the hazardous waste regulations to encourage the recycling of cathode ray tubes (CRTs), the National Electronics Product Stewardship Initiative, and the development of a national electronics recycling outreach campaign (SEE ALSO: 67 FR 40508; 6/12/02).
 
09/23/2002OSWER FEEDBACK ON THE PBT BRIEFING MATERIALSMemo
 Description: EPA's Office of Solid Waste and Emergency Response (OSWER) announced the Resource Conservation Challenge that includes the National Waste Minimization Partnership Program, which strives to reduce the 1991 generation rates of 30 priority chemicals (many of which are considered persistent, bioaccumulative and toxic (PBT) chemicals) by 50 percent by 2005 through voluntary partnerships. OSWER is working on other PBT projects, such as mercury-bearing hazardous waste studies, florescent lamp recycling programs, and studies on gasification technologies. EPA does not currently plan to add other PBTs to the original list of 12, but encourages voluntary actions to reduce the manufacture and use of PBT-like substances.
 
08/16/2002GENERATOR QUANTITY DETERMINATIONS FOR F006 LISTED SLUDGEMemo
 Description: A generator must include all hazardous waste that it generates when making quantity determinations. Hazardous waste generation is determined by the total volume of waste, not just by the quantity of hazardous constituents. Delisting procedures can address the regulation of low-risk, listed wastes. Provisions do not address adjusting the water content of listed waste (e.g., F006) when making quantity determinations. EPA is working with the metal finishing industry to tailor the regulations. EPA extended accumulation times for large quantity generators (LQGs) to 180 or 270 days when recovering metals from F006, and is working on other regulatory changes to encourage metal recovery (SEE ALSO: 65 FR 12377; 3/8/00).
 
08/07/2002RECYCLING OF HAZARDOUS WASTES IN FERTILIZERSMemo
 Description: EPA is updating and strengthening the regulations regarding the use of hazardous waste in fertilizers. There is no widespread evidence of illegal, sham recycling of hazardous waste in fertilizers. Fertilizers from recycled hazardous waste account for less than one-half of one percent of the total fertilizer market. The use of fertilizers derived from K061 is declining. Most fertilizers made from hazardous waste are zinc micronutrient fertilizers. New regulations for zinc fertilizers made from recycled hazardous waste have been finalized (SEE ALSO: 67 FR 48393; July 24, 2002).
 
07/01/2002Environmental Fact Sheet: Better Rules for Zinc Fertilizer RecyclingPublication
 Description: The EPA is improving regulatory controls on the practice of recycling zinc in hazardous waste to make micronutrient fertilizers. While ensuring that recycled zinc fertilizers are clean, high quality products, EPA is streamlining regulatory restrictions on this industry to encourage beneficial recycling of zinc resources. EPA believes this action strikes a good balance by strengthening environmental protection, increasing accountability, and providing incentives for safe, legitimate recycling. These regulations will conserve natural resources, prevent pollution and save money.
 
02/19/2002REGULATORY DETERMINATION ON PURGE MONOMER GENERATED FROM POLYSTYRENE MANUFACTURINGMemo
 Description: NOVA’s purged monomer is a co-product, not a by-product, and is not subject to RCRA Subtitle C when burned on-site for energy recovery. In co-product determination, EPA evaluated whether the purge monomer was intentionally produced, produced to market specifications, and sold to the general public “as is” without substantial processing (SEE ALSO: 1/31/1995 Memo, Shapiro to Gelber). The purge monomer has value as a feedstock for lesser grade polystyrene and as a fuel and there is a history of marketing the material for an intended use. When the purge monomer is used as a fuel, it displays the same characteristics as other fuel sources, such as natural gas.
 
10/11/2001REGULATORY STATUS OF ANTIMONY OXIDE SLAGMemo
 Description: Currently antimony oxide slag is not a hazardous waste because a final decision has not been made to list the slag as hazardous (SEE ALSO: 66 FR 58258; 11/20/01). The management of any secondary material, including use in the production of a product, may be subject to state regulations. A waste that is actively managed after the effective date of a listing would be subject to the listing. Slag used as an ingredient in product asphalt prior to the effective date of the listing would not be a hazardous waste when actively managed after the effective date of the listing, unless it exhibited a hazardous waste characteristic. Since the listing does not apply at the time of use, the use would not be subject to RCRA jurisdiction. Any releases from the material to the environment could be considered wastes and addressed under Section 7003 of RCRA.
 
08/01/2001LAND DISPOSAL RESTRICTIONS AND USE CONSTITUTING DISPOSALQuestion & Answer
 Description: Compliance with the land disposal restrictions (LDR) treatment standards applies to the product that will be used in a manner constituting disposal, not the waste before it becomes a manufactured product. A recyclable material that is used in a manner constituting disposal is not subject to regulation if the product meets the applicable LDR treatment standards for each hazardous waste it contains before it is applied to the land.
 
07/24/2001RECYCLING OF PETROLEUM VAPORS AND LIQUID CONDENSATE FROM PETROLEUM PRODUCT STORAGE TERMINALSMemo
 Description: Volatile hydrocarbons released from petroleum products, which are absorbed on to carbon-containing filters or vapor recovery units (VRUs) and then returned to the front end of the petroleum refinery to be reused, are not solid wastes. The captured hydrocarbons are considered commercial chemical products being reclaimed, which are excluded from the definition of solid waste, even if they are non-listed commercial chemical products. State regulations may be more stringent than the federal regulations.
 
03/28/2001RCRA REQUIREMENTS FOR FOUNDRY SANDS USED IN THE MANUFACTURE OF CASTINGSMemo
 Description: Foundry sand reused on-site within the sand loop for mold-making, including the separation (shakeout) step, is part of a continuous industrial production process, and would not be a solid waste. Sand handled carelessly prior to its reuse may raise questions regarding legitimacy of a continuous production process. Sand removed from the production process for disposal may be subject to the RCRA regulations.
 
01/19/2001SCIENCE ADVISORY BOARD RECOMMENDATIONS TO PROMOTE INCREASED WASTE UTILIZATIONMemo
 Description: This memo contains the OSWER response to Science Advisory Board (SAB) recommendations on overcoming barriers to waste utilization. OSW has amended the definition of solid waste and hazardous waste recycling requirements several times to encourage recovery. OSW has studied cement kiln dust (CKD) and fossil fuel combustion waste utilization. OSW and the Office of Research and Development (ORD) have developed an environmental fate and transport model called the 3MRA Model for estimating "exit levels" for waste. OSW has designated items containing recovered materials in the Comprehensive Procurement Guidelines (CPG) and supported the Extended Product Responsibility (EPR) and the Jobs Through Recycling (JTR) programs. EPA supports the development of guidance manuals on waste utilization and innovative technology development programs for the large-scale utilization of waste materials.
 
08/04/2000GUIDANCE ON WASTEWATER TREATMENTMemo
 Description: EPA has not formally defined “wastewater” in context of wastewater treatment unit (WWTU) exclusion (SEE ALSO: RPC# 7/31/81-01). Tanks in which sludge is heated (i.e., sludge dewatering) could be part of exempt WWTU. Oil recycling unit could be exempt under 261.6(c). There is no minimum percentage of oil that wastewater must contain for legitimate recycling (SEE ALSO: RPC# 4/26/89-02).
 
06/01/2000FREQUENTLY ASKED QUESTIONS ON THE 40 CFR PARTS 264/265, SUBPART CC, AIR EMISSION STANDARDSQuestion & Answer
 Description: Subpart CC does not apply to recycling units (SEE ALSO: 61 FR 59931, 59935; 11/25/96). Recycling units at permitted and interim status facilities are subject to Subparts AA and BB (SEE ALSO: 62 FR 64635, 64638; 12/8/97). Listed hazardous wastes that meet land disposal restrictions (LDR) treatment standards for the organics in the waste are not subject to Subpart CC regulations. Listed hazardous wastes with treatment standards that only address inorganic constituents may not benefit from this exclusion (SEE ALSO: 62 FR 64635, 64643-4; 12/8/97). Subpart CC allows up to 240 hours per year for planned routine maintenance of a control device. Hazardous waste may remain in a unit while the control device is undergoing maintenance. Level 1 tanks that use control devices must meet performance standards in 264.1087 and 265.1088. Tanks that routinely vent to any device or unit do not meet the definition of pressure tank.
 
05/26/2000KODAK CLAIM FOR MANUFACTURING PROCESS UNIT EXEMPTION TO THE RCRA SUBPART BB AIR EMISSIONS REQUIREMENTSMemo
 Description: Piping system leading from reactor unit that at times carries hazardous waste is not part of exempt manufacturing process unit. Piping system that carries hazardous waste with more than 10 percent organics for more than 300 hours per year is subject to Subpart BB (SEE ALSO: RPC# 12/19/86-01; 45 FR 72025; 10/30/80).
 
05/26/2000REGULATORY STATUS OF SULFURIC ACID USED AS A FERTILIZER AND PESTICIDEMemo
 Description: Sulfuric acid residue resulting from emissions control operation is a sludge. Recyclable materials used in a manner that constitutes disposal are solid wastes and must meet applicable land disposal restrictions treatment standards.
 
02/01/2000Environmental Fact Sheet: Final Rule Promotes Metals Recovery from Waste Water Treatment Sludge (F006)Publication
 Description: This factsheet discusses the final rule to promote metals recovery from waste water treatment sludge (F006). EPA is encouraging metals recovery by allowing large quantity generators of F006 waste up to 180 days (or 270 days, if applicable) to accumulate F006 waste on site without a hazardous waste storage permit or interim status, provided that these generators meet certain conditions.
 
08/23/1999RECYCLING OF HAZARDOUS WASTES TO MAKE FERTILIZERSMemo
 Description: EPA believes that recycling of industrial hazardous wastes to make fertilizers can be safe and beneficial. The majority of hazardous waste derived fertilizers are zinc micronutrient fertilizers, many of which are high quality products with low levels of contaminants. Fertilizer contaminant levels depend primarily on feedstock processing not origin. OSW is in process of revising the current regulations that apply to hazardous waste derived fertilizers.
 
06/07/1999MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY (MACT) STANDARDS FOR CEMENT KILNS BURNING HAZARDOUS WASTE FUELSMemo
 Description: Agency response to a Senator regarding risk justification for Maximum Achievable Control Technology (MACT) standards. A beyond-the-floor standard for lead and cadmium would reduce emissions of these metals by 5.5 megagrams per year beyond floor emission level. A beyond-the-floor standard would not affect the quantity of hazardous waste fuels burned in cement kilns. There is a discussion of the Agency initiative to move from an almost exclusively technology-based program to a risk-based program (SEE ALSO: 64 FR 52828; 9/30/99).
 
06/01/1999TRACKING REQUIREMENTS FOR USED OILQuestion & Answer
 Description: A hazardous waste manifest does not need to accompany each shipment of used oil. Used oil transporters, burners, processors/re-refiners, and marketers must maintain records documenting the acceptance and delivery of each used oil shipment. The tracking record need not physically accompany each used oil shipment.
 
04/12/1999RECLAMATION OF FLUORESCENT LAMPSMemo
 Description: Unused mercury lamps are commercial chemical products (CCP) and not solid wastes if reclaimed. Used mercury lamps are spent materials. EPA is considering adding spent lamps to universal waste program (SEE ALSO: 64 FR 36466; 7/6/99).
 
03/22/1999GENERATOR ON-SITE RECYCLING OF HAZARDOUS WASTEMemo
 Description: A generator who does not store or accumulate silver-bearing solution before reclamation need not count the waste toward their generator status. A generator need not install direct piping connections between the waste generation process and the recycling unit in order to meet the conditions for not counting the waste. Silver solution may be transferred via a bucket if the solution is transferred immediately from the photo processing machine to the recycling unit. Solution stored or accumulated prior to recycling is counted toward generator status. Authorized States may adopt more stringent regulations .
 
03/19/1999REGULATORY STATUS OF USED CRUCIBLES AND CUPELSMemo
 Description: Used crucibles and cupels are laboratory wastes. Laboratory wastes are not uniquely associated with mining, and thus are not exempt under the Bevill exclusion for mining and mineral processing wastes (SEE ALSO: 63 FR 28556; 5/26/98). Used crucibles and cupels are spent materials, and therefore would be solid wastes when reclaimed. Reclaimed materials are not eligible for the 261.2(e) use/reuse exemption.
 
03/15/1999CLASSIFICATION OF SPENT FERRIC CHLORIDE MATERIAL USED IN WASTE WATER TREATMENTMemo
 Description: Spent ferric chloride material used as a wastewater treatment conditioner must be legitimately used as an effective substitute to meet the 261.2(e)(1)(ii) exclusion. Case-by-case determinations regarding legitimacy are most appropriately made by the implementing agency. A determination that the toxic constituents in the material do not interfere with its effectiveness is not the only factor affecting legitimacy. Other factors to consider include: whether the spent material contains hazardous constituents not found in analogous raw material, whether hazardous constituents are merely “along for the ride,” and other factors (SEE ALSO: RPC# 4/26/89-02).
 
03/03/1999REGULATORY INTERPRETATION REGARDING THE VARIANCE FROM THE DEFINITION OF SOLID WASTE AT 40 CFR 260.31(B)Memo
 Description: One hundred percent (100%) of a secondary material need not be recycled to qualify for a variance under 260.31(b). If a variance is granted, only those secondary materials meeting the factors that were considered are covered.
 
02/19/1999REGULATORY STATUS OF PETROLEUM PRODUCT CONTAINED IN ABSORBENT PADSMemo
 Description: Absorbent pads used to absorb petroleum products (e.g., gasoline, kerosene, fuel oil) from spills and tank cleanings, which are processed to recover petroleum products, are off-specification CCPs being reclaimed and not wastes. Recovered petroleum products that are reprocessed or burned as fuels are not solid wastes. Residues from spill cleanups are viewed as off-specification products. CCPs not specifically listed in 261.33 have the same regulatory status as CCPs that are listed when determining regulatory status of recycled material (SEE ALSO: 50 FR 14219; 4/11/85).
 
10/01/1998PROHIBITION ON THE USE OF HAZARDOUS WASTE AS DUST SUPPRESSANTQuestion & Answer
 Description: Characteristic waste that has been decharacterized and meets land disposal restriction (LDR) treatment standards (including universal treatment standards for underlying hazardous constituents) may be used as a dust suppressant. Use of the decharacterized waste as a dust suppressant is allowable assuming the resulting product is being legitimately recycled. Use of used oil or listed hazardous waste as a dust suppressant is prohibited.
 
07/15/1998ECONOMICALLY SIGNIFICANT AMOUNTS OF PRECIOUS METALSMemo
 Description: The presence of economically significant amounts of precious metals, efficient recovery operations, no land disposal of wastes, and payment by the reclaimer to the waste generator are indicators of legitimate precious metal recovery. True precious metal recovery is characterized by net financial return to the generator (i.e., sufficient to cover all costs). Persons engaged in recovery operations bear the burden of proving legitimacy.
 
06/11/1998APPLICABILITY OF THE PROCESSED SCRAP METAL EXCLUSION TO USED OIL FILTERSMemo
 Description: Properly drained, processed (crushed) used oil filters that are being recycled meet the processed scrap metal exclusion (SEE ALSO: RPC# 6/2/98-01). Even though used oil filters are not specifically mentioned in the rule, EPA intentionally wrote the exclusion broadly to cover all types of processed scrap metal that can be recycled. Residual oil from filters remains subject to used oil management rules.
 
06/03/1998REGULATORY STATUS OF SPENT METAL FUEL FILTERS UNDER RCRAMemo
 Description: Off-specification gasoline used as a fuel or burned for energy recovery is not a solid waste. Spent metal fuel filters which are drained and no longer contain a significant liquid component meet the definition of scrap metal and are exempt from hazardous waste regulation (Section 261.6(a)(3)(ii)). Hazardous waste determination not necessary if drained metal fuel filters will be recycled as scrap metal.
 
06/02/1998APPLICABILITY OF EXCLUSION FROM THE DEFINITION OF SOLID WASTE FOR PROCESSED SCRAP METAL TO USED OIL FILTERSMemo
 Description: Non-terne-plated used oil filters that are properly drained by a method specified in Section 261.4(b)(13) are not subject to used oil regulation as materials containing used oil, and are exempt from hazardous waste regulation. Once drained, such filters may be disposed of or recycled as nonhazardous waste. Used oil filters are potentially eligible for the scrap metal exemption in Section 261.6(a)(3)(ii) if they do not contain a significant amount of liquid, whether drained by a method specified in Section 261.4(b)(13) or other methods such as shredding with oil recovery. The processed scrap metal exclusion in Section 261.4(a)(13) can apply to used oil filters that meet the definition of scrap metal and undergo processing. The exclusion only applies to processed scrap metal being recycled. Draining a used oil filter is not processing, physical alteration of the filter is required. Materials removed from processed scrap metal are newly generated wastes and are subject to waste determination.
 
06/02/1998MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY (MACT) REGULATIONSMemo
 Description: The 1997 estimates show a reduction of dioxin/furan and mercury emissions from hazardous waste combustors as a result in part to the Hazardous Waste Combustion Strategy and the proposed maximum achievable control technology (MACT) standards. The “fast track” portion of the MACT rule contains waste minimization and pollution prevention requirements (SEE ALSO: 63 FR 33782; 6/19/98). The MACT proposal would require facilities to monitor emissions and conduct performance testing under the Clean Air Act requirements (SEE ALSO: 64 FR 52828; 9/30/99). The MACT floor standard is defined by the technologies used by the best performing (lowest emitting) 6 percent of sources for that hazardous air pollutant.
 
06/01/1998EXEMPTION FOR SCRAP METAL DESTINED FOR RECYCLING APPLIES AT POINT OF GENERATIONQuestion & Answer
 Description: Scrap metal destined for reclamation is exempt from Subtitle C regulation at the point of generation. The facility must ensure that the materials will be reclaimed to prevent subjecting the scrap metal to hazardous waste regulations.
 
04/06/1998INTERACTION OF SPECULATIVE ACCUMULATION AND GENERATOR ACCUMULATION PROVISIONSMemo
 Description: A person accumulating potentially recyclable materials (not solid wastes under Section 261.2) becomes a generator when the materials become solid and hazardous wastes at the end of the speculative accumulation period. The generator can then hold the waste for 90 additional days (or 180/270 for small quantity generators) in compliance with Section 262.34 without a permit.
 
03/25/1998USE OF NONHAZARDOUS PETROLEUM BY-PRODUCTS AS SOIL AMENDMENTSMemo
 Description: EPA does not currently impose regulatory restrictions on the use of nonhazardous wastes (e.g., nonhazardous petroleum by-products) in products that are applied to the land, such as soil amendments; states generally regulate the management of nonhazardous waste.
 
02/13/1998CLARIFICATION OF THE REGULATORY STATUS OF AGGLOMERATED DROSSESMemo
 Description: Agglomerated drosses (from any source, not just scrap metal processing) can be classified as processed scrap metal and, if recycled, are excluded from the definition of solid waste. Agglomerated drosses are solid chunks of metal in a physical state that does not allow them to be easily crushed, split, or crumbled. Dross which has not been agglomerated is by-product, not scrap metal. Agglomerated drosses used in a manner constituting disposal are excluded scrap metal being recycled and thus not solid waste. Drosses that have not been agglomerated are solid wastes when used in a manner constituting disposal.
 
02/02/1998REGULATORY STATUS OF GASOLINE SPILLSMemo
 Description: A gasoline spill on the ground at a product storage facility could be a solid waste because the product has been discarded by being abandoned. Disposal of a hazardous waste has occurred if the spilled and abandoned material exhibits a characteristic. Spilled gasoline becomes a waste when it exits the unit, enters the environment, and is not promptly recovered or cleaned up. An implementing agency can require cleanup of a spill to site-specific levels. In rare cases, the spill area may be considered a land disposal unit (SEE ALSO: RPC# 9/29/1986-02). The recovered free product is potentially not a solid waste if it is reused for its original purpose or reclaimed.
 
12/19/1997CLARIFICATION ON USE OF WASTE HEATING VALUEMemo
 Description: A heating value of 5000 Btu or more is used as a test for determining the applicability of standards for boilers and industrial furnaces (Section 266.103(a)(5)(ii)(B)). The 5000 Btu level is not a cutoff for determining whether a secondary material meets the definition of solid waste or is being recycled legitimately. Such determinations should be made on a case-by-case basis.
 
12/01/1997Environmental Fact Sheet: Waste-Derived FertilizersPublication
 Description: Responds to concerns raised in the American Pacific Northwest regarding waste-derived fertilizers. It reviews current uses of hazardous waste in fertilizers; summarizes current federal and state regulations on hazardous waste used in fertilizers; and discusses current actions being taken by the Environmental Protection Agency.
 
10/20/1997USE OF HAZARDOUS WASTE AS INGREDIENT IN FERTILIZERS AND SOIL AMENDMENTSMemo
 Description: The Agency has created a multi-disciplinary workgroup to evaluate and assess the nature and extent of any possible risks posed by the use of fertilizers that contain heavy metals and other potentially toxic compounds. EPA will then identify whether appropriate government actions are needed. Provides a brief summary of regulatory provisions governing hazardous waste derived fertilizers.
 
10/07/1997NEW STRATEGY FOR MODIFYING THE DEFINITION OF SOLID WASTEMemo
 Description: EPA is not planning to go forward with the in-commerce and transfer-based options for the redefinition of solid waste. Instead, they intend to propose the standardized permit that was part of the transfer-based option, to collect data on the management of exempt recyclable materials, and to improve the definition of solid waste through product stewardship arrangements and the identification of commodity-like materials.
 
08/15/1997REGULATORY STATUS OF METAL-BEARING SECONDARY MATERIALS RECLAIMED FOR USE IN COMMERCIAL FERTILIZERSMemo
 Description: Generally, characteristic by-products and sludges that are reclaimed are not solid wastes, except when they are reclaimed and then used in a manner constituting disposal, used to produce products that are applied to the land, burned for energy recovery, accumulated speculatively, or considered inherently waste like. The reclamation process is not regulated, but a manifest would be required if some portion or all of the secondary material is used in a manner constituting disposal. The end product must meet specific treatment standards before being placed on the land (except for K061 waste-derived products).
 
08/14/1997REGULATORY STATUS OF USED NICKEL CATALYSTMemo
 Description: Discusses the regulatory status of spent catalyst being reclaimed. A material is reclaimed if it is processed to recover a usable product, or if it is regenerated. The hazardous waste determination is the generator’s responsibility. Determination is made by evaluating the waste using a required test or by comparing the properties of the waste with the narrative standard. A lack of required test for ignitability of solids and reactivity does not prohibit consideration of test data where there is reason to question the generator’s RCRA determination.
 
08/12/1997USE OF INDUSTRIAL WASTES TO PRODUCE FERTILIZERSMemo
 Description: One type of zinc-bearing waste (K061) can be legitimately used to produce a zinc micronutrient fertilizer. Other hazardous waste incorporated into fertilizer must first be treated to reduce the toxicity and mobility of any hazardous constituents (i.e., it must meet land disposal restrictions). Persons utilizing hazardous waste to produce a fertilizer must be able to demonstrate that such recycling is legitimate.
 
08/08/1997CLARIFICATION OF REGULATORY STATUS OF WHOLE CIRCUIT BOARDSMemo
 Description: Whole circuit boards containing minimal quantities of mercury and batteries that are protectively packaged to minimize dispersion of metal constituents would qualify for the scrap metal exemption in Section 261.6(a)(3). Shredded circuit boards must be free of mercury switches, mercury relays, nickel-cadmium batteries and lithium batteries to qualify for the exclusion from the definition of solid waste in Section 261.4(a)(14).
 
07/30/1997REGULATORY STATUS OF VITRIFICATION PROCESSES FOR SPENT ALUMINUM POTLINERMemo
 Description: Recycling K088 through vitrification into various glass products can be a legitimate use which could exclude it from the definition of solid waste under Section 261.2(e)(1)(i) (i.e., use/reuse as an ingredient). States must make the determination about specific vitrification facilities.
 
07/07/1997PROPOSED CHANGES TO DEFINITION OF SOLID WASTEMemo
 Description: The Agency is actively considering a number of different options for proposing changes to the definition of solid waste, and currently assessing concerns about the in-commerce and transfer-based options. The streamlined permit will be moved forward on its own rulemaking schedule.
 
06/06/1997INTERPRETATION OF USE CONSTITUTING DISPOSAL PROVISION AS IT APPLIES TO ZINC MICRONUTRIENTS IN FERTILIZERMemo
 Description: Provides an overview of use constituting disposal requirements. K061-derived fertilizer produced for the general public's use need not meet the applicable LDR treatment standards to be exempt. The regulatory status of a secondary material depends on both the nature of the material and the recycling activity involved. Zinc oxide dust would be regulated if used as an ingredient in fertilizer. Zinc oxide dust used or reused as an ingredient in an animal feed supplement would not be regulated.
 
06/03/1997REGULATORY STATUS OF SOLVENT RECOVERY UNITSMemo
 Description: All secondary materials (e.g., process solvents from agricultural chemical manufacturing process and automotive paint manufacturing process) must be returned to the production process to qualify for the closed-loop recycling exclusion. A process which returns 80% of xylene and sends 20% of recovered xylene off as product does not qualify. Production process includes activities that tie directly into the manufacturing operation or are the primary operation at a facility.
 
05/23/1997REGULATORY STATUS OF BURNING SULFUR-CONTAINING SECONDARY MATERIALS TO PRODUCE VIRGIN SULFURIC ACIDMemo
 Description: The heating value of sulfur-containing material inserted in a sulfuric acid regeneration furnace determines if the activity is burning for energy recovery or reclamation. Materials with a heating value greater than 5000 Btu/lb are generally considered to be burned as a fuel rather than for metals recovery or as an ingredient. 5000 Btu/lb is not a regulatory threshold for the purposes of the definition of solid waste, but there is a strong presumption that secondary materials above 5000 Btu are burned for energy recovery and therefore are solid wastes (e.g., as in the case of characteristic by-products recycled by being burned). The section 261.4(a)(7) exclusion applies only to spent sulfuric acid and does not include other sulfur-containing materials.
 
05/19/1997CLARIFICATION OF REACTIVITY CHARACTERISTIC AS IT PERTAINS TO AEROSOL CANSMemo
 Description: EPA is unable to make a categorical determination as to whether various types of aerosol cans that may have contained a wide range of products exhibit the characteristic of reactivity. The generator is responsible for making this determination, Steel aerosol cans that have been punctured and drained would meet the definition of scrap metal. Scrap metal that is recycled is exempt from RCRA, thus generators need not make a hazardous waste determination.
 
05/09/1997EDF/ETC REDEFINITION OF SOLID WASTE PROPOSALMemo
 Description: EPA has reviewed the Environmental Technology Council’s (ETC) and Environmental Defense Fund’s (EDF) joint proposal for the redefinition of solid waste. EPA seeks answers from ETC/EDF to numerous questions concerning the proposal in order to determine the impact of ETC/EDF option on RCRA recycling universe.
 
05/02/1997MACT IMPLEMENTATION PROJECT’S (MIP’S) DRAFT COMPLIANCE PLANMemo
 Description: EPA released for public comment a compliance plan for the maximum achievable control technology (MACT) proposed standards called the public and regulatory notification of intent to comply (PRNIC) (SEE ALSO: PRNIC requirements finalized at 63 FR 33782; 6/19/98). The only enforceable aspects of the PRNIC are that it is submitted on time and that it is complete.
 
04/01/1997GENERATOR STORAGE REQUIREMENTS FOR PART 266, SUBPART F, PRECIOUS METALSQuestion & Answer
 Description: Generators accumulating recyclable materials for precious metal recovery are not required to store the materials in RCRA-regulated accumulation units (i.e., tanks, containers, and containment buildings). EPA assumes these materials will be managed carefully due to their economic value. Precious metals being reclaimed must be counted towards generator monthly determination.
 
03/25/1997DEFINITION OF SOLID WASTE AMENDMENTS FOR PETROLEUM REFINERIESMemo
 Description: The deadline for the petroleum refining listing determination and recycling amendments proposed on November 20, 1995 (60 FR 57747), has been extended. It is now scheduled for promulgation on April 30, 1998 (Rule finalized 8/6/98; 63 FR 42110). Additional time enables EPA to issue a Notice of Data Availability (NODA) and respond to comments. The American Petroleum Institute requested EPA separate the listing determination from the proposed Section 261.4(a)(12) recycling amendments, and expedite (fast track) the latter. The Agency believes it is more efficient to finalize both portions of the rule together.
 
03/25/1997STATUS OF THE RECYCLING AMENDMENTS PROPOSED IN THE LISTING DETERMINATION FOR PETROLEUM REFINING PROCESS WASTESMemo
 Description: The petroleum refining listing determination and recycling amendments proposed on November 20, 1995 (60 FR 57747) are scheduled for promulgation on April 30, 1998 (Rule finalized 8/6/98; 63 FR 42110). Additional time enables EPA to issue a Notice of Data Availability (NODA) and respond to all comments. The American Petroleum Institute asked EPA to separate the listing determination from the proposed Section 261.4(a)(12) recycling amendments, and to expedite (fast track) the latter. The Agency believes it is more efficient to finalize both portions of the rule together.
 
03/21/1997REGULATORY STATUS OF RECLAMATION AND RECLAIMED MATERIALSMemo
 Description: The regulatory status of a material going for reclamation or a material that has undergone some reclamation depends on multiple factors. It is not possible to provide a generic determination of the status of a material without site-specific information. EPA headquarters defers to authorized States or Regional offices for site-specific determinations.
 
03/17/1997REGULATORY STATUS OF LEAD SHOTMemo
 Description: A mixture of spent lead shot and gunpowder may be ignitable. Discusses the regulatory status of lead shot. Discharge of ammunition or lead shot is in the normal and expected use pattern of the product and does not constitute hazardous waste disposal. Ammunition, rounds, expended cartridges, and unexploded bullets that fall to the ground are not discarded (SEE ALSO: 62 FR 6622; 2/12/97). Lead shot may be considered scrap metal, not spent material, and exempt from regulation when recycled. The exemption extends only to the lead shot portion of the waste.
 
02/24/1997SPENT ALUMINUM POTLINER (K088) RECYCLINGMemo
 Description: EPA expects to provide national guidance regarding legitimate recycling of spent aluminum potliners (K088) as soon as possible.
 
02/01/1997K061, K062, AND F006 HTMR SLAG RESIDUES AND USE CONSTITUTING DISPOSALQuestion & Answer
 Description: EPA is reevaluating the proposal on standards for management and use of slag residues derived from high temperature metals recovery (HTMR) treatment of K061, K062, and F006 wastes (12/29/94; 59 FR 67256). EPA may withdraw, repropose, or request additional comment. Use of K061, K062, and F006 slag residue as anti-skid/deicing material is prohibited. Use constituting disposal of slag residue is subject to Section 266.20(b).
 
02/01/1997UNIVERSAL WASTE CONSOLIDATION POINT REGULATIONQuestion & Answer
 Description: A facility that consolidates or collects universal waste from generators or other handlers meets the definition of a universal waste handler, provided the waste is sent on to other handlers, recyclers, or treatment or disposal facilities. If a facility has several locations that serve as consolidation points, each location is regulated as a separate handler. Additional RCRA requirements may apply if the facility is also handling other types of hazardous waste (i.e., non-universal waste).
 
01/21/1997REGULATORY STATUS OF ION EXCHANGE RESIN WASTEMemo
 Description: Ion exchange filter waste used in the treatment of electroplating rinsewaters is F006, even though purified water is recycled to process. An ion exchange filter is classified as a sludge. The definition of sludge is tied to type of unit in which the waste is generated.
 
12/01/1996REBUTTABLE PRESUMPTION FOR CFC CONTAMINATED USED OILQuestion & Answer
 Description: Chlorofluorocarbon (CFC) contaminated used oil is exempt from the rebuttable presumption at the point of draining as long as the CFCs are eventually reclaimed from the used oil to the fullest extent possible. Generally, when the rebuttable presumption applies, it applies at the point of draining. Discusses the definition of processing. CFC reclamation from used oil is not necessarily processing.
 
11/27/1996APPLICABILITY OF 40 CFR PART 279 TO ON-SPECIFICATION USED OILMemo
 Description: On-specification used oil that will be burned for energy recovery is no longer subject to the used oil requirements once the person making the on-specification claim complies with the applicable marketer provisions. Used oil meeting specification that is refined or disposed is subject to the used oil requirements. The regulatory status of the on-specification oil must be reevaluated if some action is taken that may affect the properties of the oil. Blending used oil to meet specification is processing. Used oil storage may be covered under the Spill Prevention Control and Countermeasures (SPCC) regulations and the underground storage tank (UST) requirements.
 
11/25/1996MERCURY-CONTAINING AND RECHARGEABLE BATTERY MANAGEMENT ACTMemo
 Description: The Mercury-Containing and Rechargeable Battery Management Act is effective nationwide on May 13, 1996. Two goals are to limit mercury (Hg) content in consumer batteries, and to promote recycling and proper disposal of used rechargeable nickel cadmium (NiCad) batteries, sealed small lead-acid batteries, and other widely used rechargeable batteries. Law limits Hg content of batteries and prohibits the sale of some Hg-containing batteries. Law requires uniform labeling and requires that collection, storage, and transportation be in accordance with the Universal Waste (UW) standards of Part 273. Law prohibits states from imposing standards not identical to UW standards. Law is not an amendment to RCRA. EPA is investigating implications on RCRA state authorization and is developing a codification rule.
 
11/13/1996DEFINITION OF SOLID WASTE ISSUES RELATED TO CLEANUP OF CULPEPER WOOD PROCESSING FACILITYMemo
 Description: OSW defers to authorized states and regional offices regarding site specific issues. Wastes which undergo some reclamation, including filtration, are not eligible for the use/reuse exclusion. The use/reuse exemption can apply where material is managed in a land based unit, provided waste is not reclaimed, used in a manner constituting disposal, or used to make a product placed on the land.
 
11/07/1996REGULATORY STATUS OF CHOPLINE RESIDUEMemo
 Description: Chopline residues are spent materials and therefore solid wastes when reclaimed or recycled. It is considered spent because it can no longer be used for the original purpose without reprocessing or reclamation. Hazardous waste management requirements apply up to the point of resale as product. Residue generated from the recycling process may be hazardous if characteristic.
 
11/01/1996COOLANT RECYCLING AND USED OIL PROCESSINGQuestion & Answer
 Description: On-site coolant recycling is not used oil processing when intended to extend the life of the oil and when recycling is incidental to the production process. Coolant must be generated on-site and not sent directly off-site to a burner.
 
11/01/1996RECYCLING PRESUMPTION UNDER PART 279Question & Answer
 Description: A generator is not required to conduct a hazardous waste determination for used oil sent to a processor for recycling, even if the processor eventually disposes of the used oil. The used oil handler must conduct a hazardous waste determination when the handler decides that the used oil will be disposed.
 
11/01/1996STATE AUTHORIZATION AND USED OIL RECYCLED THROUGH SOME OTHER MEANS THAN BURNING FOR ENERGY RECOVERYQuestion & Answer
 Description: EPA does not regulate used oil recycled in some manner other than burning for energy recovery, such as re-refining, in states where Part 279 is not in effect.
 
10/24/1996REGULATORY STATUS UNDER RCRA OF COPPER ETCHANTSMemo
 Description: Spent copper etchants used as ingredients in the production of tri-basic copper chloride (TBCC) are not solid wastes under the use/reuse exemption unless the etchants are being reclaimed. Mixing residue from TBCC manufacturing with additional chemicals to produce fresh etchant is not exempt use/reuse if the activity involves reclamation. If both activities are steps in one industrial process, reclamation in the second step (fresh etchant production) would disqualify the whole process from the use/reuse exemption. A determination on whether these operations are one industrial process or two sequential processes is site-specific.
 
10/02/1996JOHNSTON ATOLL CHEMICAL AGENT DISPOSAL SYSTEM (JACADS) RISK RELATED ISSUESMemo
 Description: Discusses the draft site-specific combustion risk assessment, current method for assessing the non-carcinogenic risks associated with dioxin exposure, most appropriate data subsets for determining carcinogenic potency factors, methods for assessing the risks associated with exposure to either the sulfur or brominated analogs of dioxin, EPA’s treatment of putative compound synergistic interactions when applied to the facility assessment. EPA has not yet developed a methodology for quantitative assessment of risks due to exposures to potential endocrine disruptors.
 
09/30/1996PROPOSED MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY (MACT) STANDARDS FOR HAZARDOUS WASTE COMBUSTORSMemo
 Description: The Maximum Achievable Control Technology (MACT) air emission standards will be issued under joint RCRA and Clean Air Act authority (SEE ALSO: 64 FR 52828; 9/30/99). EPA does not have any indication from the regional offices that they intend to impose the proposed MACT standards in permits. The use of the omnibus permit authority under RCRA 3005(c)(3) to incorporate the proposed standards as permit conditions would require site-specific justification and may not rest solely on the proposal of these limits as national standards.
 
09/17/1996MAINTAINING CONSISTENCY REGARDING THE REGULATORY STATUS OF DISPOSABLE AND REUSABLE RAGS AND WIPERSMemo
 Description: EPA recognizes the issues involved with maintaining consistency among the Regions on the regulatory status of disposable and reusable wipers (rags) contaminated with de minimis amounts of solvent. EPA is developing a data collection strategy to draw conclusions on the potential environmental concerns posed by these wipers.
 
09/01/1996TOLLING AGREEMENTS AND EXPORTSQuestion & Answer
 Description: Export standards apply only to primary exporters of waste. The primary exporter is an exporter that requires a manifest. Small quantity generators (SQGs) with contractual reclamation agreements do not require a manifest. SQGs shipping waste under a reclamation agreement are not subject to export requirements because they are not a primary exporter.
 
08/14/1996USED OIL MANAGEMENT STANDARDS TO MATERIALS CONTAMINATED WITH USED OIL AND PROVIDE LITTLE OR NO ENERGY WHEN BURNEDMemo
 Description: Materials contaminated with used oil from which the free flowing oil has been drained are regulated as used oil if the material is burned for energy recovery. Burning for energy recovery for the purposes of used oil is limited to materials that have heating values of at least 5,000 BTUs per pound. A state may have a more stringent definition of burning for energy recovery.
 
08/01/1996DEFINITION OF COMMERCIAL CHEMICAL PRODUCT FOR SOLID WASTE DETERMINATION VS. HAZARDOUS WASTE IDENTIFICATIONQuestion & Answer
 Description: Discusses the definition of commercial chemical product (CCP) for purposes of definition of solid waste v. for purposes of definition of P-listed or U-listed hazardous waste. For purposes of the P- and U-lists, EPA intended to include only those CCPs and manufacturing chemical intermediates known by generic name listed in Section 261.33. P- and U- listed wastes exclude manufactured articles such as thermometers and fluorescent lamps. For purposes of Section 261.2, CCP means all types of unused commercial products, whether chemicals or not. Off-specification thermometers going for reclamation are CCPs going for reclamation and are not solid wastes. Thermometers going for disposal are not U151 and are only regulated if characteristic.
 
07/05/1996CLARIFICATION OF THE DEFINITION OF COMMERCIALLY AVAILABLE TREATMENT TECHNOLOGY & DISPOSAL CAPACITY VIS-A-VIS RCRA SECTION 3004(J)Memo
 Description: EPA’s policy on enforcement of the Section 3004(j) storage prohibition for facilities generating radioactive mixed waste does not exclude legitimate recycling facilities from the definition of commercially available treatment technology and disposal capacity. EPA does not extend the enforcement policy to generators that do not take advantage of legitimate recycling opportunities (SEE ALSO: 64 FR 63464; 11/19/99).
 
06/19/1996JURISDICTIONAL STATUS UNDER THE RCRA OF CERTAIN METAL-RICH SLUDGESMemo
 Description: Wastewater treatment sludge (F006) sent to primary smelters for copper extraction is not eligible for the Section 261.2(e) use/reuse exemption because the sludge is being reclaimed. Sludge may be eligible for a variance from the definition of solid waste under Section 260.30(c) as a partially reclaimed material needing further reclamation.
 
06/19/1996REGULATORY STATUS OF SPENT LEAD-ACID BATTERIES SHIPPED TO A SECONDARY LEAD SMELTER FOR RECLAMATIONMemo
 Description: Lead-acid batteries (battery) that are held at a smelter in a transport truck for less than 24 hours, transported off-site for storage, and then shipped back to the smelter for reclamation remain exempt.
 
06/11/1996USE OF WASTE LEATHER TRIMMINGS IN THE MANUFACTURE OF ABSORBED MATERIALSMemo
 Description: Waste leather trimmings used to manufacture adsorbent product are not eligible for the Section 261.2(e) use/reuse exemption if they are used in a manner constituting disposal. Leather trimmings (and products containing these trimmings) that only exhibit a characteristic for chromium are exempt from hazardous waste regulation under the trivalent chromium exclusion, even when placed on the land. The section 261.4(b)(6) exclusion does not extend to a mixture of sorbent with spilled material (i.e., adsorbent-waste mixture must be evaluated as a newly-generated waste). Shredding and grinding leather trimmings in order to attain a required particle size is not reclamation.
 
06/10/1996HOW TREATING FILTRATION MEDIA COMPARABLE TO ACTIVATED CARBON WOULD BE PERMITTED UNDER RCRAMemo
 Description: A unit regenerating hazardous waste (HW) other than spent activated carbon (e.g., activated alumina) can be a carbon regeneration unit (CRU) if it is used primarily to regenerate spent carbon, and other regeneration activities are similar. Regeneration means restoring HW material to its original use. A CRU regulated as a thermal treatment unit is subject to Part 264, Subpart X, and Part 265, Subpart P, not incinerator standards.
 
06/04/1996CLARIFICATION OF REQUIREMENTS INVOLVING THE COUNTING OF WOOD PRESERVING WATERS FOR BIENNIAL REPORTINGMemo
 Description: Hazardous wastewater from wood preserving plants (F032, F034, and F035) is not subject to quantity determination for the Biennial Report or for determining generator status when recycled in an on-site process without prior storage or accumulation (SEE ALSO: Section 261.4(a)(9)). If the waste is stored or accumulated prior to reuse, the generator must count the waste unless it has already been counted once.
 
05/23/1996EPA'S IMPLEMENTATION OF THE HAZARDOUS WASTE MINIMIZATION AND COMBUSTION STRATEGYMemo
 Description: EPA can require combustion facilities to perform indirect exposure risk assessments under the omnibus authority (Section 3005(c)(3)). EPA does not require the use of a particular risk assessment model. In order to invoke the omnibus authority, EPA must show that additional requirements are necessary to protect human health and the environment. Discusses the scope and limitations of the omnibus provision. The Combustion Strategy does not impose regulatory requirements and is not subject to notice and comment. Discusses EPA rationale for targeting hazardous waste combustors under the Combustion Strategy. Facilities can challenge requests to perform a risk assessment (SEE ALSO: 61 FR 17358, 17371; 4/19/96).
 
05/10/1996APPLICABILITY OF OMNIBUS AUTHORITY AND SITE SPECIFIC RISK ASSESSMENTS TO WASTE MINIMIZATION AND COMBUSTION STRATEGYMemo
 Description: The use of the omnibus authority (Section 3005(c)(3)) in implementing the Combustion Strategy is consistent with the original intent of statute and regulations. The strategy does not impose regulatory requirements, but is a statement of policy. EPA requires a site-specific risk assessment at hazardous waste combustion facilities prior to permit determination under omnibus authority because combustion regulations do not fully account for indirect exposure pathways (SEE ALSO: 61 FR 17358, 17371; 4/19/96).
 
05/01/1996FREQUENTLY ASKED QUESTIONS ON THE UNIVERSAL WASTE REGULATIONSQuestion & Answer
 Description: The universal waste (UW) regulations cover hazardous waste batteries (battery), pesticides, and mercury-containing thermostats (SEE ALSO: 70 FR 45508; 8/5/05). Wastes (e.g., fluorescent mercury lamps) may be added to the UW system (SEE ALSO: 64 FR 36466; 7/6/99). Spent lead-acid batteries may be handled under Part 266, Subpart G, or under Part 273. There are no specific provisions for satellite accumulation of UW. Only large quantity handlers of universal waste (LQHUW) must submit a one-time written notification and obtain an EPA identification number. Handlers may accumulate universal waste at or near point of generation for up to 1 year.
 
04/22/1996REGULATORY STATUS OF RECYCLING FOUNDRY SANDS AND FUTURE CHANGES TO THE REGULATIONS GOVERNING HAZARDOUS WASTE RECYCLINGMemo
 Description: The Agency is engaged in an effort to change the RCRA regulations governing hazardous waste recycling. EPA wants to remove disincentives to recycling, target those recycling practices with greatest environmental concern, and clarify and simplify the regulations. The possible options for these changes are still under evaluation, and may affect the regulatory status of certain foundry sands. Two options being considered would clarify RCRA jurisdiction to exclude legitimate on-site recycling unless it involved burning for energy recovery, land placement or speculative accumulation, and would eliminate the current distinction between reuse and reclamation.
 
04/12/1996USE OF INDUSTRIAL HAZARDOUS AND NON-HAZARDOUS WASTES AS FEEDSTOCK FOR A CATALYTIC EXTRACTION PROCESSING (CEP) UNITMemo
 Description: A catalytic extraction process (CEP) using listed hazardous waste (HW) feedstock to produce synthesis gas (syngas) may be legitimate recycling. A legitimate recycling determination is left to the implementing agency. Once a determination is made, the implementing agency must determine if the HW feedstock is exempt for use/reuse. The exemption does not apply if the resulting product is burned for energy recovery, used to make fuel (261.2(e)(2)(ii)), or used in a manner constituting disposal. Residuals from the CEP are not regulated if they are not listed or characteristic. Listed or characteristic residuals would be a newly generated waste. The current regulations do not characterize HW-derived fuels based on a comparison to product fuels. EPA has proposed a comparable fuels exclusion and syngas exemption (SEE ALSO: the exclusion was finalized 63 FR 33782; 6/19/98).
 
04/10/1996MAXIMUM ACHIEVALBE CONTROL TECHNOLOGY (MACT) RULEMAKING FOR HAZARDOUS WASTE COMBUSTORSMemo
 Description: Improperly designed hazardous waste incinerators and cement and light weight aggregate kilns (BIFs) can pose a hazard. EPA signed the proposed MACT rule on March 20, 1996, (61 FR 17358; 4/19/96) to establish tough dioxin, mercury, and lead emission standards (SEE ALSO: 64 FR 52828; 9/30/99). The Agency will continue to use the omnibus permitting authority (270.32(b)(2) and 3005(c)(3)) to ensure protection on a site-specific basis. The Agency remains committed to developing tailored regulations in conjunction with the existing authorities for Bevill exempt cement kiln dust (CKD). Addresses the risks from CKD management identified in the CKD regulatory determination (60 FR 7366; 2/7/95). The decision affects all CKD, regardless of the fuel burned. The CKD program will be risk-based, flexible, and tailored to site-specific conditions.
 
04/01/1996ABILITY OF A HAZARDOUS WASTE BURNING BIF TO SPIKE METALS AND USE OF TEST DATA IN LIEU OF A TRIAL BURNMemo
 Description: EPA does not recommend spiking toxic metals at high concentrations during BIF trial burns. Burning waste fuels with high metals content in trial burns, compliance tests, or normal operations is an environmentally unsound practice. The Combustion Strategy recommends that toxic metals burned in hazardous waste combustors be addressed in a multi-pathway risk assessment under Section 3005(c)(3) omnibus authority. Decisions to allow the use of data in lieu of a trial burn or compliance test are made on a site-specific basis. Data-in-lieu of provisions are not intended to allow the elimination of retesting requirements.
 
03/29/1996SITE-SPECIFIC RISK ASSESSMENTS UNDER THE HAZARDOUS WASTE COMBUSTION STRATEGYMemo
 Description: The April 1994 draft "Exposure Assessment Guidance for RCRA Hazardous Waste Combustion Facilities" is applicable guidance for site-specific risk assessments (somewhat dated). EPA encourages using the most up-to-date technical information available and other relevant guidance. EPA encourages the use of actual field data when assessing exposures for evaluating modeling results.
 
03/15/1996EPA RESPONSES TO CONCERNS RAISED ON THE MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY (MACT) STANDARDS FOR CEMENT KILNSMemo
 Description: Discusses the Agency response to a Congressman on the approach to combustion emissions regulation, why the Agency is pursuing MACT, and the risk justification for MACT. Addresses whether cement kilns and incinerators are grouped in developing MACT and whether the Agency distinguishes between wet and dry kilns under MACT. Discusses why the Agency established feed rate limits for kilns under MACT (SEE ALSO: 64 FR 52828; 9/30/99), and why the Agency is requiring a site-specifc risk assessment at cement kilns using the omnibus permitting authority (RCRA 3005(c)(3)).
 
02/26/1996APPLICABILITY OF THE OMNIBUS AUTHORITY AND SITE SPECIFIC RISK ASSESSMENTS TO WASTE MINIMIZATION AND COMBUSTION STRATEGYMemo
 Description: The use of omnibus authority (Section 3005(c)(3)) in implementing the Combustion Strategy is consistent with the original intent of the statute and regulations. The strategy does not impose regulatory requirements, but is statement of policy. Under the omnibus authority, EPA requires a site-specific risk assessment at hazardous waste combustion facilities prior to permit determination because combustion regulations do not fully account for indirect exposure pathways (SEE ALSO: 61 FR 17358, 17371; 4/19/96).
 
02/26/1996USED OIL AS A DUST SUPPRESSANTMemo
 Description: EPA prohibits the use of used oil as a dust suppressant, unless a state has successfully petitioned EPA under Section 279.82(b) to allow such use.
 
02/15/1996USE OF USED OIL AS A DUST SUPPRESSANTMemo
 Description: EPA prohibits the use of used oil as dust suppressant. EPA does not have the authority under RCRA to regulate commercial dust suppressants or other commercial products other than waste-derived products and discarded commercial chemical products.
 
02/01/1996FREQUENTLY ASKED QUESTIONS ON THE 40 CFR PART 264/265, SUBPART CC AIR EMISSION STANDARDSQuestion & Answer
 Description: Large quantity generators (LQGs) are subject to Part 265, Subparts AA, BB, and CC. Subpart CC does not apply to satellite accumulation areas. Subpart CC does not require the use of a specific type of equipment or add-on control device.
 
01/26/1996LAND DISPOSAL RESTRICTIONS; PHASE IV SUPPLEMENTAL PROPOSAL ON MINERAL PROCESSING WASTESMemo
 Description: The Phase IV Bevill proposal (61 FR 2338; 1/25/96) would clarify the distinction between in-process materials and wastes in the Bevill exemption for mining and mineral processing wastes. The notice proposes retaining the TCLP and the classification of several wastes, including five smelting wastes that were previously lifted, iron chloride waste acid, and wastes from lightweight aggregate production. The notice proposes to exclude processed scrap metal and shredded circuit boards that are destined for metal recovery and managed in containers. The notice proposes to significantly reduce the land disposal restrictions (LDR) paperwork requirements that apply to hazardous waste generally (SEE ALSO: Phase IV Final Rule, 63 FR 28556; 5/26/98).
 
12/01/1995Environmental Fact Sheet: EPA Encourages Recycling of Mineral Processing Materials By Proposing to Make Changes to the Definition of Solid WastePublication
 Description: This fact sheet summarizes which mineral processing materials are solid and thus potentially hazardous wastes, and which materials may meet conditional exclusions.
 
12/01/1995LEAD-ACID BATTERIES AND UNIVERSAL WASTEQuestion & Answer
 Description: Lead-acid batteries (battery) that are managed under Part 266, Subpart G, are not subject to the universal waste management standards under Part 273.
 
11/30/1995SITE-SPECIFIC RISK ASSESSMENTS AT COMBUSTION FACILITIES THAT ARE REGULATED UNDER RCRAMemo
 Description: As part of the Combustion Strategy, EPA has a policy of strongly recommending site-specific risk assessments for all permits under the Section 3005(c)(3) omnibus provision (when necessary). EPA recommends site-specific risk assessments for all combustors (incinerators, BIFs) (SEE ALSO: 61 FR 17358; 4/19/96).
 
11/27/1995MUNICIPAL SOLID WASTE MANAGEMENT AUTHORITYMemo
 Description: EPA does not make it a practice to endorse or promote products of any kind, nor can EPA require recycling programs to use specific equipment in their operations. Currently, EPA does not have the authority under RCRA to establish regulations or mandate program requirements for recycling. Provides recycling contacts.
 
11/09/1995USE OF METAL SURROGATES IN COMPLYING WITH THE BOILER AND INDUSTRIAL FURNACE (BIF) RULEMemo
 Description: BIF rules do not specifically prohibit testing with surrogate metals, but the use of surrogate metals may be of limited use. Use of a low volatility regulated metal (e.g., chromium, arsenic) as a surrogate for beryllium is discouraged.
 
10/19/1995CLARIFICATION ON THE APPLICABILITY OF RCRA TO A FOUNDRY MANUFACTURING DUCT SYSTEMMemo
 Description: Particulate emissions from a foundry production unit generally are not solid wastes (SW) until removed from the baghouse, when a hazardous waste (HW) determination is made. If the emissions are derived from waste management, the particulate may be a HW and regulated prior to its collection in the baghouse.
 
10/16/1995ADMINISTRATIVE STAY OF USED OIL REGULATORY PROVISIONSMemo
 Description: The administrative stay for used oil (UO) and characteristic hazardous waste (HW) mixtures applies only to 279.10(b)(2). All UO and characteristic HW mixtures are subject to land disposal restrictions, even if they are no longer characteristic. Treatment of a UO mixture or residuals for underlying constituents or by a specified technology may be required (SUPERSEDED: See 61 FR 33691; 6/28/96).
 
10/12/1995CLARIFICATION OF TREATMENT, AS DEFINED AT 40 CFR SECTION 260.10, AS IT RELATES TO HAZARDOUS WASTE FUEL BLENDING ACTIVITIESMemo
 Description: Consolidation of compatible bulk or containerized wastes to facilitate efficient transportation or disposal is not treatment. Blending hazardous waste fuels to meet a specification is treatment and requires a permit.
 
09/15/1995CLARIFICATION OF THE RCRA "CONTAINED-IN" POLICYMemo
 Description: Pursuant to the contained-in policy, environmental media that contains listed hazardous waste (HW) must be managed as HW because, and only so long as, it contains listed HW (SEE ALSO: 66 FR 27266; 5/16/01). Regions and authorized States may apply the contained-in policy to determine site-, media-, exposure pathway-, and contaminant-specific levels either before or after treating media and use any mechanism to document these decisions. A state must only be authorized for part of the base program under which a waste of concern is hazardous to make the contained-in determination. The land disposal restrictions (LDR) treatment standards attach at the point of generation and apply to media that no longer contain HW, and to media exhibiting a characteristic that is subsequently treated to eliminate the characteristic. Contaminated media (groundwater (GW), soil, surface water) is not considered a solid waste (abandoned, recycled, or inherently waste-like). The in-situ treatment and movement of contaminated media within an area of contamination (AOC) is not land disposal. Pursuant to RCRA 3020(b), GW may be treated during a cleanup action and reinjected into an aquifer without meeting LDR. EPA encourages individuals who believe that the universal treatment standards (UTS) are not appropriate for their contaminated media to apply for a site-specific treatability variance (SEE ALSO: 63 FR 28556; 5/26/98).
 
09/14/1995STATUS OF UNUSED OFF-SPECIFICATION LEAD PLATES USED IN LEAD-ACID BATTERY PRODUCTIONMemo
 Description: Unused off-specification lead plates from lead-acid battery (batteries) production (i.e., nonlisted CCP) are not solid wastes when reclaimed. Used plates are spent materials and solid waste when reclaimed.
 
08/25/1995INTERPRETATION OF THE REGULATORY EXEMPTION FOR BURNING USED OIL IN SPACE HEATERSMemo
 Description: Generators who want to burn used oil in space heaters under 279.23(a)(1) may burn only used oil that they generated and used oil collected from Do-It-Yourselfers. A generator with multiple facilities may burn used oil from his other facilities, but not used oil generated by another business. Used oil brought from off site is subject to the 55-gallon limit.
 
08/10/1995CLARIFICATION AS TO WHETHER DEWATERING IS A PROCESS THAT TRIGGERS EPA'S USED OIL PROCESSOR REQUIREMENTSMemo
 Description: Dewatering of oil-based used coolant does not make a generator a processor. If the generator is dewatering and sending used oil (UO) to be burned, then the generator is also a processor.
 
08/10/1995STATUS OF SPENT SILVER-BEARING PHOTOFIXER THAT IS RECLAIMEDMemo
 Description: Used silver-bearing photo fixer that is to be reclaimed is a spent material and a solid waste. Silver recovery units to be reclaimed are characteristic sludges and not a solid waste (SEE ALSO: RPC# 8/4/95-01). A generator who does not accumulate the fixer before reclamation need not count the waste for generator status and may not be subject to regulation.
 
08/04/1995CLARIFICATION OF THE REGULATORY STATUS UNDER RCRA OF SILVER RECOVERY UNITS USED IN PHOTO PROCESSINGMemo
 Description: Silver recovery units used to treat photographic processing wastewaters are characteristic sludges and not a solid waste when reclaimed. This applies regardless of whether the sludge is produced as a result of required or voluntary wastewater treatment.
 
08/01/1995PURPOSE AND APPLICABILITY OF SPECULATIVE ACCUMULATION PROVISIONQuestion & Answer
 Description: Discusses the background and applicability of the speculative accumulation provision. The speculative accumulation provision generally applies to secondary materials that are not solid wastes when recycled. Materials that are over accumulated without being recycled become subject to regulation.
 
07/13/1995REGULATORY STATUS OF SPENT ANTIFREEZEMemo
 Description: Spent antifreeze from radiator flushes may be characteristic. Studies indicate spent antifreeze may be hazardous, primarily due to lead. EPA has not determined the point of generation for like wastes of similar composition when commingled after being produced. Discusses the status of commingling hazardous and nonhazardous antifreeze. If the commingled mixture is no longer hazardous and meets treatment standards, the generator must comply with the Section 268.9 notification requirement. Residues and still bottoms from antifreeze recycling are a newly generated waste. Metal-bearing, high-BTU still bottoms could be burned in a BIF under the dilution prohibition.
 
06/30/1995DETERMINATION WHETHER SECONDARY MATERIAL TRANSPORTED TO A CANADIAN COPPER SMELTER IS A SOLID WASTEMemo
 Description: Although dewatering is reclamation, dried metal hydroxide solids in pellet powder from dewatering electroplating wastewater are F006. The listing applies even if the sludge is reclaimed further. Pellets sent to a smelter to recover metals are reclaimed, not directly used or reused, because distinct components are recovered as separate end products. The sludge is F006 before reclamation unless a variance from the definition of solid waste for partially-reclaimed wastes needing further reclamation (260.30(c)) is obtained.
 
06/23/1995REGULATORY DETERMINATION BY INDIANA FOR COPPER SALT PRODUCTIONMemo
 Description: A liquid ion exchange technology used to remove metal contaminants from wastewater before discharge can be an exempt recycling process when used to recover metals from the wastewater. An explanation of the ion exchange wastewater treatment technology is provided. RCRA 3009 prohibits state governments or other political subdivisions from imposing regulations less stringent than the federal RCRA rules on the same matter.
 
06/19/1995SPENT FOUNDRY SANDS USED AS MOLDS IN THE CASTING PROCESSMemo
 Description: Foundry sands that are used as molds become solid wastes when the molds are broken and the castings are separated from the sands. Sand within a sand loop is not regulated unless it is thermally reclaimed (SEE ALSO: RPC# 3/8/95-02, RPC# 3/28/2001-01).
 
06/05/1995GUIDANCE FROM THE U.S. EPA ON THE CRUSHING OF MERCURY-CONTAINING LAMPSMemo
 Description: Crushing mercury lamps can be part of an exempt legitimate recycling process. The recycling exemption can apply even if portions of recycling are performed at different sites. A crusher carries the burden to ensure bulbs are actually recycled (SUPERSEDED: lamp crushing by universal waste handlers prohibited; see 64 FR 36466, 36477-36478; 7/6/99). EPA is still weighing options proposed in the 7/27/94 Federal Register (59 FR 38288) for streamlining fluorescent lamp regulation. The universal waste rule streamlines the regulations for hazardous waste batteries (battery), pesticides, and mercury thermostats (SEE ALSO: 70 FR 45508; 8/5/05). States may add additional wastes (e.g., fluorescent lamps) to the state universal waste list and establish management standards.
 
06/01/1995SPENT LEAD-ACID BATTERIES AND COUNTING REQUIREMENTSQuestion & Answer
 Description: Spent lead-acid batteries (battery) that will be reclaimed are not subject to the generator’s monthly counting requirements. Wastes are counted only if they are subject to substantive regulation. Substantive regulations are those regulations which directly relate to storage, treatment, or disposal (SEE ALSO: Part 273).
 
05/25/1995REGULATORY STATUS OF A GASIFICATION UNIT PROPOSED BY TEXACO TO BE BUILT IN EL DORADO, KANSASMemo
 Description: Syngas fuel from a gasification unit at a Kansas petroleum refinery is derived from F037, K022, and K051, but is exempt fuel from refining oil-bearing hazardous waste during normal refinery operations per 261.6(a)(3)(iv) (SUPERSEDED: exemption moved to 261.6(a)(3)(iii)). The gasification unit is an exempt recycling unit. No storage permit is needed for listed feedstocks prior to recycling if the generator accumulation limit is not exceeded. This interpretation does not apply to all gasification units.
 
05/03/1995CLARIFICATION AND/OR RECONSIDERATION OF CERTAIN PROVISIONS CONTAINED IN EPA'S FINAL RULE ON RECOVERED OILMemo
 Description: The exclusion for recovered oil from normal petroleum refinery operations inserted into the process prior to catalytic cracking is discussed (SUPERSEDED: exclusion applies to insertion at points other than catalytic cracking, See 61 FR 13103; 3/26/96). The application of the exclusion to refineries and petrochemical facilities that share a wastewater treatment system is outlined (SEE ALSO: 261.4(a)(18)). The exclusion covers oil recovered from off-site petroleum industry activities associated with the exploration, production, and transportation when returned to a refinery. EPA is investigating how to regulate cokers that receive hazardous waste (SEE ALSO: 63 FR 42110; 8/6/98).
 
05/01/1995SOLID WASTE DETERMINATION FOR SPILLED COMMERCIAL CHEMICAL PRODUCTSQuestion & Answer
 Description: An intent to recycle commercial chemical product (CCP) spill residue does not automatically exempt the material from RCRA jurisdiction. The generator has the burden of proving that legitimate recycling will take place. In the absence of strong indicators of recycling, spilled CCP residues are solid wastes.
 
03/22/1995REVISED IMPLEMENTATION STRATEGY FOR CITY OF CHICAGO V. EDF MUNICIPAL WASTE COMBUSTION (MWC) ASH SUPREME COURT DECISIONMemo
 Description: Ash from waste-to-energy facilities burning municipal solid waste (MSW) is no longer exempt from Subtitle C if it exhibits characteristics under 3001(i). Municipal waste combustor ash must be evaluated for characteristics at the point the ash leaves the resource recovery facility, making the mixing of bottom and fly ash prior to a hazardous waste determination impossible in some cases (SEE ALSO: 10/1/94-02; 59 FR 29372; 6/7/94; 60 FR 6666; 2/3/95).
 
03/08/1995REGULATORY STATUS OF SPENT FOUNDRY SAND UNDER RCRAMemo
 Description: Foundry sands normally become wastes when a sand mold is broken at a "shakeout table" and the sand is separated from metal castings. If the sand is destined for reclamation rather than direct reuse, the sand is a spent material and solid waste (SUPERSEDED: SEE RPC# 3/28/2001-01). Nonthermal reclamation of foundry sands (screening sand to remove metal residuals) is an exempt recycling process. Thermal reclamation using a controlled flame to destroy organics in the sand is incineration subject to Subpart O. Spent foundry sand destined for direct reuse as a fluxing agent in primary copper smelting is not a solid waste. Treating hazardous spent foundry sands with iron to stabilize metal contaminants could constitute impermissible dilution (SEE ALSO: 60 FR 11702, 11731; 3/2/95). Most spent foundry sand that is hazardous exhibits the toxicity characteristic for lead (D008) or cadmium (D006). An estimate that 4% of foundry sand sent for disposal is hazardous is provided. Sand used in a leaded brass manufacture is more often hazardous than other foundry sands.
 
02/22/1995REGULATORY DETERMINATION OF CEMENT KILN DUSTMemo
 Description: Cement kiln dust (CKD) is exempt under the 261.4(b)(8) Bevill exclusion until EPA promulgates custom-tailored RCRA Subtitle C rules. The CKD decision (60 FR 7366; 2/7/95) applies to all dust whether or not a hazardous waste fuel is burned in the kiln, although CKD from cement kilns co-burning hazardous waste must qualify for the exclusion through the 266.112 test.
 
02/16/1995RESPONSE TO PETITION ON PROHIBITION OF USE OF SLAG FROM HIGH TEMPERATURE METALS RECOVERY AS ANTI-SKID/DEICING AGENTMemo
 Description: The 266.20 use constituting disposal regulations effectively prohibit the use of slag derived from high temperature metals recovery (HTMR) of K061, K062, and F006 for anti-skid or deicing agents. HTMR residues may contain high concentrations of metals. EPA is not confident that K061, K062, and F006 used in this manner have been treated to minimize any threat.
 
02/07/1995POLICIES REGARDING SELF-CERTIFICATION OF NON-HAZARDOUS WASTEMemo
 Description: There is no RCRA policy for “self-certifying” that a listed waste is nonhazardous. Listed wastes remain listed and hazardous until delisted. Wastes that will be beneficially recycled may still be a solid and thus a hazardous wastes.
 
02/06/1995REGULATORY STATUS OF ACRYLIC PLASTIC DUSTMemo
 Description: Dust collected in an air filtration system is not a sludge since filtration is intended to recover dust, not control pollution. Collected dust is a spent material. Heating and distillation are considered reclamation processes. The regulatory status of recycled acrylic plastic dust generated from plastic media blasting is discussed. Because a spent material is being reclaimed before use, it is not eligible for the 261.2(e) exclusion.
 
02/06/1995REGULATORY STATUS OF RESIDUAL AVIATION FUELS THAT ARE BURNED FOR ENERGY RECOVERYMemo
 Description: Off-specification fuels (e.g. gasoline, kerosene, jet fuel, diesel) are not a solid waste when burned for energy recovery because they are used for their intended purpose. The manner in which fuels become off-specification generally is not relevant, unless the fuels are mixed with or contaminated by a non-fuel hazardous waste. Many uses as a fuel are legitimate burning for energy recovery.
 
01/26/1995CHARACTERIZATION OF WASTE STREAMS FROM POLYMERIC COATING OPERATIONSMemo
 Description: Manufacturing process units may include distillation columns, flotation units, or discharge trays or screens. Rags and wipers can only be defined as listed if they contain a hazardous waste. If a rag or wiper contains a listed waste, it is a hazardous waste via the contained-in policy or it is considered mixed with a listed hazardous waste (SEE ALSO: 2/14/94-01). The final regulatory determination for wipers should be made by the State or Regional office. No test method has been promulgated for spontaneous combustion. A generator is responsible for comparing properties of his/her waste with the narrative definition. The Paint Filter Liquids test is the current test to determine whether a material contains a liquid for the characteristic of ignitability (D001).
 
01/12/1995WOULD REGENERATION EXEMPTION APPLY TO VARIOUS TYPES OF LOCATIONS AT WHICH LEAD-ACID BATTERIES ARE REGENERATED?Memo
 Description: The battery regeneration exemption applies to batteries regenerated at any type of facility. The exemption only covers batteries sent for regeneration. Other types of recycling are subject to Subtitle C regulation. Lead-acid batteries recycled in all ways are covered under Part 266, Subpart G (SUPERSEDED: 261.6(a)(3)(ii) removed, See Part 273 and 60 FR 25535; 5/11/95).
 
12/23/1994HAZARDOUS WASTE DETERMINATION OF ""NICKEL MATTE"" BY-PRODUCTMemo
 Description: Nickel matte being reclaimed in China may be solid waste if it will be used in manner constituting disposal. A Basel Convention party may not import Basel-covered waste from non-parties.
 
12/20/1994REGULATORY STATUS OF AN AIR POLLUTION CONTROL DUST THAT IS FED TO AN ELECTROLYTIC METALS RECOVERY PROCESS TO RECOVER ZINC METALMemo
 Description: Baghouse dust (a sludge exhibiting a characteristic) that is fed to an electrolytic metals recovery process is not a solid waste subject to RCRA Subtitle C regulation. Baghouse dust is regulated as a sludge since it is generated from an air pollution control facility.
 
12/19/1994REGULATORY DETERMINATIONS UNDER RCRA ON THE STATUS OF ZINC OXIDE PRODUCED BY AN ELECTRIC ARC STEEL FURNACEMemo
 Description: Incorporating hazardous waste into animal feeds is generally not considered use in a manner constituting disposal. If zinc oxide produced from the recycling of K061 is completely reclaimed, it is a product and is no longer subject to RCRA provided it is not burned for energy recovery or used in a manner constituting disposal. In cases where the zinc oxide will be further refined to make zinc metal, it is a partially reclaimed listed sludge and is still a hazardous waste subject to regulation.
 
12/16/1994BUBBLER CANISTERS CONTAINING PHOSPHOROUS OXYCHLORIDE ARE NOT WASTE WHEN RETURNED TO THE UNITED STATES FROM JAPAN FOR REGENERATIONMemo
 Description: Bubbler canisters containing unused phosphorous oxychloride is a commercial chemical product (CCP) when reclaimed and not solid waste. A partially empty bubbler canister which is recharged by adding new phosphorous oxychloride to residual phosphorous oxychloride left in the bubbler is continued use of a product, not waste. The bubbler canister is not subject to OECD provisions when imported into U.S. for reclamation, because the bubbler canister is not subject to U.S. laws and regulations. Phosphorous oxychloride is highly corrosive and reacts violently with water, and therefore could be a reactive or corrosive characteristic hazardous waste if it is a solid waste. It is inappropriate to discharge untreated phosphorous oxychloride to a wastewater treatment system or to land dispose. Phosphorous oxychloride is hazardous reactive (D003) and possibly corrosive (D002) when discarded. Phosphorous oxychloride can be destroyed through the addition of a sodium hydroxide solution.
 
12/13/1994LE VALT MERCURY-CADMIUM BATTERIESMemo
 Description: Unused batteries sent for reclamation are CCPs being reclaimed, and are not solid wastes. Mercury-cadmium batteries must be treated by thermal recovery. EPA recognizes that most battery recycling technologies in the U.S. are not designed to treat these wastes (SEE ALSO: Part 273).
 
12/13/1994RESPONSE TO COMMENTS ON REENGINEERING RCRA FOR RECYCLINGMemo
 Description: Issues before the Definition of Solid Waste Task Force concerning the hazardous recyclable materials manifest are discussed.
 
12/05/1994CLARIFICATION OF REGULATION OF FUEL BLENDING AND RELATED TREATMENT AND STORAGE ACTIVITIESMemo
 Description: Eligibility for the Bevill exemption for cement kiln dust (CKD) residues is contingent upon the composition of the residue, not upon the purpose of burning waste. If no treatment or blending occurs, bulking, containerizing, consolidating, and de-consolidating are allowed at transfer facilities.
 
11/28/1994COMMENTS ON NRC’S FINAL RULE AMENDING NRC IMPORT/EXPORT REGULATIONSMemo
 Description: The Basel Convention currently prohibits the movement of hazardous or mixed waste between the U.S. and any nation party to the Convention, unless a pre-existing agreement between the countries exists. Basel Convention restrictions extend to wastes destined for certain types of recycling.
 
11/15/1994APPLICABILITY OF RCRA REGULATIONS TO A PROPOSED FUMING/GASIFICATION UNITMemo
 Description: Discusses the regulatory status of a fuming/gasification (plasma arc) unit as an incinerator, industrial furnace, or miscellaneous unit. Clarifies devices versus process trains (SEE ALSO RPC# 7/29/94- 01). If the process train meets the industrial furnace definition, it may be conditionally exempt under Section 266.100(c) (SEE ALSO: 61 FR 17358; 4/19/96). The Draft Waste Minimization and Combustion Strategy does not apply to combustion facilities that handle only remediation wastes.
 
11/15/1994VARIANCES FROM CLASSIFICATION AS A SOLID WASTE UNDER 40 CFR 260.31(B) FOR SPENT CATALYSTSMemo
 Description: Wastes subject to a variance for secondary materials that are reclaimed and reused within original production process in which generated are not subject to RCRA even if they are burned or incinerated. Provides the criteria or conditions that an applicant must meet to be eligible for a variance. The Agency can weigh criteria differently and add factors (SEE ALSO: Section 261.4(a)(8)).
 
11/10/1994CLARIFICATION OF HOW PROVISIONS IN CERCLA APPLY TO ""SERVICE STATION DEALERS"" THAT HANDLE USED OILMemo
 Description: Clarification of the exemption from CERCLA liability for service station dealers (SSDs) is provided. Fast lube services are eligible for the SSD exemption if they accept Do-It-Yourself (DIY) oil and receive significant income from vehicle maintenance. The SSD exemption applies to both DIY used oil and used oil from customer vehicles. The 279 used oil standards apply to all used oil that is destined for recycling. EPA presumes that used oil will be recycled unless it is being disposed of, or being transported or stored prior to disposal.
 
11/09/1994DETERMINATION REGARDING THE REGULATORY STATUS OF A WASTE RECLAMATION SYSTEMMemo
 Description: Secondary materials used as ingredients to produce products are excluded from the definition of solid waste at the point of generation, provided they are not used in a manner constituting disposal, used to produce a fuel, or accumulated speculatively. Whether a waste is reclaimed or used as an ingredient is case-specific. Waste-derived products that are used in a manner constituting disposal are subject to 266 Subpart C. Waste-derived products that are burned as fuels are subject to 266 Subpart H.
 
11/09/1994RESPONSE TO A REQUEST FOR MODIFICATION OF 40 CFR PART 262 REGARDING TRANSPORTATION OF RECYCLABLE HAZARDOUS WASTESMemo
 Description: EPA is considering new regulations for tracking hazardous wastes destined for recycling since the Definition of Solid Waste Task Force identified high transportation costs for transporters using the Uniform Hazardous Waste Manifest.
 
11/08/1994REGULATORY INTERPRETATIONS UNDER RCRA CONCERNING CERTAIN FUEL BLENDING SCENARIOSMemo
 Description: The 1991 BIF rules superseded the sham recycling policy for hazardous waste fuels, so an as-generated heating value no longer affects the legality of fuel blending prior to burning in BIFs, but it may affect the status of the product created in a BIF. If fuels with low heating values are burned, cement may be considered a waste-derived product and subject to hazardous waste regulation if it is destined for land placement, unless the facility demonstrates legitimate energy recovery. If gravity separates hazardous waste fuel into aqueous and organic phases during storage, mixing the phases together again is not treatment. Decanting the two phases or portions of fuel is treatment.
 
11/04/1994MINIMUM HEAT CONTENT REQUIREMENTS OF WASTE-DERIVED FUEL BLENDED FOR ENERGY RECOVERY IN BIFSMemo
 Description: Blending of hazardous waste to increase the heating value for use as a fuel is not prohibited. Hazardous waste with a heating value of less than 5000 Btu/lb is burned for destruction, not for energy recovery. The resulting cement or aggregate is a waste-derived product subject to hazardous waste regulation unless the facility documents a legitimate energy contribution of the low Btu fuel (SEE ALSO: RPC# 5/20/94-01).
 
11/01/1994REGENERATION VERSUS RECLAMATION FOR SPENT LEAD-ACID BATTERIESQuestion & Answer
 Description: Spent lead-acid batteries returned to a battery manufacturer for regeneration are not subject to Subpart G of Part 266, nor to any other Subtitle C regulations. Battery regeneration is similar to recycling of a commercial chemical product (CCP). (SUPERSEDED: Section 261.6(a)(3)(ii) removed, See Part 273 and 60 FR 25535; 5/11/95)
 
10/17/1994REGULATION OF FUEL BLENDING AND RELATED TREATMENT AND STORAGE ACTIVITIESMemo
 Description: Fuel blenders are subject to 268.7(b) LDR notification and certification. Fuel blending is not exempt from permitting, unless it is done at a generator site in a 262.34 accumulation unit. Fuel blending at a transfer facility is treatment and requires a permit. Most fuel blending units are permitted as tanks or miscellaneous units. Fuel blenders are subject to the air emissions standards (SEE ALSO: RPC# 12/5/94-01; 59 FR 62896; 12/6/94). Thermal treatment units are not eligible for the 262.34 permit exemption. Recycling units at facilities with other permitted units are subject to the air emissions standards (SEE ALSO: 62 FR 25997; 5/12/97). Generators who send waste off-site to a burner are subject to LDR notification. Cement or light-weight aggregate kiln produced by a Bevill device burning both hazardous waste and Bevill-exempt wastes may be exempt from land disposal restrictions (LDR) treatment standards when used in a manner constituting disposal if the residues pass the significantly affected test in 266.112. If neither the products nor the residues are subject to the LDR treatment standards, the original generator's waste is not prohibited from land disposal, and is subject only to 268.7(a)(6) (SEE ALSO: 62 FR 25997; 5/12/97).
 
10/07/1994PROCESSING LEAD ABATEMENT DEBRIS TO MEET HAZARDOUS WASTE RECYCLER'S SPECIFICATIONS IS NOT ""TREATMENT"" AS DEFINED IN 40 CFR 260.10Memo
 Description: Processing (cutting, chopping, shredding, or grinding) of lead-based paint (LBP) waste is treatment, but it is not subject to regulation if it is part of legitimate recycling. The storage of hazardous waste lead-based paint before or after exempt processing is regulated. Recycling is an exempt form of hazardous waste treatment.
 
10/05/1994INTERPRETATION REGARDING THE REGULATORY STATUS OF SILVER RECOVERY UNITS UNDER RCRA REGULATIONSMemo
 Description: If a silver recovery unit that is used to treat wastewater qualifies as a characteristic sludge, it is not a solid waste when destined for reclamation. Materials generated from wastewater treatment are sludges, even if the treatment is not undertaken to meet any discharge requirements. Metals suitable for direct reuse, or that only need minor refining to be usable, are products (e.g., silver flake that is 98% pure refined to 99.99% pure).
 
10/01/1994REGULATORY STATUS OF METALS RECOVERY UNDER RCRAQuestion & Answer
 Description: Lead and nickel-chromium furnaces, and metal recovery furnaces that burn certain baghouse bags are metal recovery units engaged in precious metals recovery and are conditionally exempt from BIF rules. Prior management of precious metals is subject to Part 266, Subpart F. Owners of BIFs that burn hazardous wastes solely for metal recovery are exempt from most BIF regulation. There are three criteria to determine if hazardous waste is processed solely for metal recovery.
 
09/28/1994APPLICABILITY OF USED OIL MANAGEMENT STANDARDS TO ACTIVITIES INVOLVING SEPARATION OF USED OIL FROM SORBENT MATERIALSMemo
 Description: Generators who separate used oil from sorbent materials are not processors provided the used oil is not sent directly off-site to a used oil burner. On-site burning of used oil from incidental processing activities is allowed.
 
09/28/1994CLARIFICATION ON WHEN USED MERCURY RELAYS/SWITCHES BECOME SPENTMemo
 Description: Mercury switches taken out of service and reclaimed are spent materials and solid wastes (SW). Sending a mercury switch for further use as a relay or switch is the continued use of a product. The actual management of a material rather than the potential of a material for a particular end use determines if it is a SW. Whether a switch is spent or directly reusable is determined when it is removed from service. Out-of-date drugs are off-specification CCPs and not a SW when returned to the pharmaceutical manufacturer for reclamation. Persons may petition to include switches/relays as a universal waste (SEE ALSO: 70 FR 45508; 8/5/05).
 
09/28/1994CLARIFICATION ON: MANIFEST DOCUMENT NUMBER; F003, F005, D001; WASTE DESTINED FOR RECYCLING; AND TREATMENT STANDARDS FOR CFCMemo
 Description: F003 and F005 waste exhibiting ignitability must carry a notification for and meet the D001 treatment standard (TS), since F003/F005 does not operate in lieu of D001 (SEE ALSO: 55 FR 22520, 22530; 6/1/90) (USE WITH CAUTION: see RPC# 3/1/94-02). The TS for chlorinated fluorocarbons (CFC) is discussed. A CFC waste may be subject to the California list prohibition for halogenated organic compounds (HOC) (SUPERSEDED: California list removed, see 62 FR 25997; 5/12/97) (SEE ALSO: RPC# 5/16/91-01). Materials that are not a solid waste (SW) when recycled are exempt even if shipped to a recycler via a TSDF. Scrap metal is both a SW and is hazardous, but is exempt if recycled. The legitimacy of recycling must be documented. Use of manifest continuation sheets is outlined.
 
09/21/1994APPLICABILITY OF F006 HAZARDOUS WASTE CODE TO NICKEL RECLAMATION PROCESS FOR ELECTROLESS NICKEL PLATING SPENT SOLUTIONSMemo
 Description: Electroless plating is not covered by the F006 listing. Spent electroless nickel solutions may be hazardous waste if mixed with a listed hazardous waste, if derived from a listed hazardous waste, or if they exhibit a characteristic. Because the scrap metal definition is based on physical form, the determination of whether nickel-plated steel wool generated during nickel-recovery is scrap metal should be made by the State or Regional office.
 
09/19/1994REGULATORY DETERMINATION OF THE PRIMER NEUTRALIZATION UNIT ""POPPING FURNACE""Memo
 Description: Burning hazardous waste in an incinerator is not exempt recycling, but rather is incineration regulated under Parts 264 or 265, even if some energy or material recovery occurs. Demilitarization and munitions popping furnaces are regulated as incinerators. Controlled flame combustion units burning hazardous waste are boilers, industrial furnaces, or incinerators.
 
09/14/1994EXPORT FROM JAPAN OF PHOSPHORUS OXYCHLORIDE CONTAINING BUBBLERSMemo
 Description: The purity of phosphorus oxychloride remaining in a bubbler canister indicates that the phosphorus oxychloride is unused. Therefore, the bubbler canister qualifies as a CCP being reclaimed and is not a solid waste.
 
09/12/1994CLARIFICATION OF THE REBUTTABLE PRESUMPTION PROVISIONS CONTAINED IN THE RECYCLED USED OIL MANAGEMENT STANDARDSMemo
 Description: Documentation that a used oil contains halogens in excess of 1,000 ppm due to the unintentional mixing with residuals from "RCRA empty" containers is sufficient to rebut hazardous waste presumption.
 
09/01/1994USED OIL STORAGE TANK BOTTOMS: HAZARDOUS WASTE OR USED OIL WHEN BURNED FOR ENERGY RECOVERYQuestion & Answer
 Description: Residues or sludges resulting from the storage, processing, or re-refining of used oil are considered used oil when they are recycled by being burned for energy recovery, even if they exhibit a characteristic of hazardous waste.
 
08/30/1994REGULATORY STATUS OF HIGH PURITY CHEMICALS THAT ARE INITIALLY USED BY CUSTOMERS AND THEN SOLD TO OTHER BUSINESSES FOR FURTHER USEMemo
 Description: The definition of a spent material does not include materials reused for their original purpose, provided the materials are not reclaimed or reprocessed prior to reuse. The determining factor is not whether the material is marketable, but whether it is reused in a manner consistent with its original use without prior reclamation.
 
08/19/1994REGULATORY DETERMINATION ON THE STATUS OF A LEAD/COPPER METAL PRODUCED BY METALS RECYCLING TECHNOLOGIES (MRT)Memo
 Description: Hazardous secondary materials sent for thermal treatment at smelters remain hazardous waste until reclamation is complete. Materials that have been reclaimed are not wastes. Metal-bearing material that is 92-99% pure and only needs refining prior to use is considered fully reclaimed. A person who claims that a secondary material is not a solid waste is subject to the 261.2(f) documentation requirement.
 
08/18/1994REGULATORY STATUS OF MUNICIPAL WASTE COMBUSTOR ASH FROM COMBUSTOR THAT BURNS ONLY HOUSEHOLD HAZARDOUS WASTE AND DOES NOT RECOVER ENERGYMemo
 Description: Ash from municipal waste combustors that do not recover energy and that burn only household waste is exempt household hazardous waste (HHW). Ash from resource recovery facilities that burn commercial waste is not exempt. Ash from combustors that burn other wastes in addition to HHW is not exempt (SUPERSEDED: see 60 FR 6666; 2/3/95).
 
08/17/1994ALTERNATIVE METALS ANALYSIS FOR HAZARDOUS WASTE COMBUSTORSMemo
 Description: There is no regulatory requirement to analyze metal emissions from incinerators, which is in contrast to the boiler and industrial furnace (BIF) standards. Inductively coupled plasma/mass spectroscopy (ICP/MS) may be an alternative to inductively coupled plasma/optical emission spectroscopy (ICP/OES) for incinerators (SEE ALSO: 61 FR 17358; April 19, 1996).
 
08/05/1994SALE AND SCRAPPING OF DOT'S MARITIME OBSOLETE VESSELS FROM THE NATIONAL DEFENSE RESERVE FLEETMemo
 Description: Purchasers of ships to be scrapped and sold abroad must determine when export rules apply. Vessels destined for scrap as well as any materials necessary for operating the ship are not discarded while the vessel remains intact because those materials continue to serve a useful purpose. Removal of a material from a ship's structure that is intended for discard is the point of generation. Section 106(a) of the Federal Facilities Compliance Act (FFCA) prohibits the storage of hazardous waste on a public vessel for longer than 90 days after the vessel is placed in reserve or is no longer in service without a RCRA storage permit. Materials from a dismantled ship that are to be recycled may be scrap metal.
 
07/29/1994CLARIFICATION REGARDING SINGLE EMISSION POINT, MULTI-DEVICE COMBUSTION FACILITIESMemo
 Description: Provides clarification of operating and permit conditions for connected combustion units, like incinerators and BIFs, with a single emission point. When regulations conflict, preference is given to the more stringent or more technically appropriate standards. The RCRA Section 3005(c)(3) omnibus provisions may be appropriate. Units receive permits, or interim status, individually. Discusses the definition of a boiler. The industrial furnace definition applies to combustion units on a device-by-device basis (precalciner exception). Plasma arc and infrared units are incinerators when they have afterburners and miscellaneous units when they do not. A hazardous-waste fired afterburner is an incinerator.
 
07/29/1994RCRIS CORRECTIVE ACTION ENVIRONMENTAL INDICATOR EVENT CODES CA725 AND CA750Memo
 Description: Provides definitions of Resource Conservation and Recovery Information System (RCRIS) corrective action indicator event codes CA725 (human exposures controlled determination) and CA750 (groundwater releases controlled determination). Environmental Indicator event codes are used to measure the environmental results of remediation activities (SUPERSEDED: See RPC#2/5/99-01).
 
07/29/1994REGULATORY STATUS OF NATURAL GAS REGULATORS THAT CONTAIN MERCURY UNDER RCRAMemo
 Description: Natural gas regulators that contain mercury are best classified as spent materials. Spent materials are solid wastes when sent for reclamation. Any quantity of liquid mercury, other than trace amounts attached to a material, precludes a waste’s designation as scrap metal. The waste may qualify as scrap metal once the mercury has been removed.
 
07/26/1994FINAL RULE EXEMPTING RECOVERED OIL FROM THE DEFINITION OF SOLID WASTEMemo
 Description: A summary of the 7/28/94 Federal Register (59 FR 38536) excluding recovered oil from the solid waste definition when it is returned to the petroleum refining process prior to distillation or cracking is provided. The rule also excludes oil recovered from certain off-site petroleum activities when the recovered oil is returned to the petroleum refinery and recycled. The expanded exemption for petroleum coke produced from off-site oil-bearing hazardous waste is discussed. The exclusion does not apply to recovered oil stored in land-based units (SEE ALSO: 63 FR 42110; 8/6/98).
 
07/22/1994REGULATION OF SURFACE IMPOUNDMENTS UNDER THE SEPTEMBER 10, 1992 RECYCLED USED OIL MANAGEMENT STANDARDSMemo
 Description: The de minimis used oil exemption does not apply to used oil intentionally introduced into a wastewater treatment system. Surface impoundments managing used oil must operate under RCRA Subtitle C permits or interim status.
 
07/21/1994CLARIFICATION: IS A FACILITY THAT HAS A ""PRIMARY PURPOSE"" OF BURNING HAZARDOUS WASTE FOR DESTRUCTION SUBJECT TO RCRA REGULATIONS?Memo
 Description: Solid waste includes materials that are abandoned by being burned or incinerated. Discusses the history of the incinerator and BIF rules. The BIF rules apply even to BIFs burning hazardous waste (HW) for destruction. A facility with the “primary purpose” of burning HW for destruction is an incinerator. A test to determine whether a device is a BIF is in definition at Section 260.10. The revenue of a facility for treatment versus recycling is not sole factor in identifying the unit, but is factor in determining whether the activity is destruction, or legitimate or sham recycling. Delisting is not a prerequisite to use the Section 266.20 use in manner constituting disposal exemption. Section 266.20 only applies to to legitimate products derived from hazardous waste, not to hazardous waste residues that are merely claimed to be products. HSWA requires that facilities should conduct proper hazardous waste management in order to protect the environment and to achieve the ultimate goals of waste minimization and the reduction of land disposal.
 
07/21/1994REGULATORY INTERPRETATION FOR ION EXCHANGE RESIN USED FOR WATER REUSE ON ELECTROPLATING WASTEWATERSMemo
 Description: The sludge definition is tied to the type of unit in which a waste is generated, not the disposition of the treated effluent or the intent of processing. Ion exchange resin used to filter electroplating wastewater is F006 regardless of whether it exhibits a hazardous characteristic. The act of filtering contaminants from wastewater is pollution control and generates a sludge, even if the intent is to reclaim the wastewater for reuse in a production process.
 
07/20/1994EXCLUSION FROM RCRA REGULATION FOR SECONDARY MATERIALS USED OR REUSED DIRECTLY AS INGREDIENTS IN AN INDUSTRIAL PROCESSMemo
 Description: The heating value of a secondary material inserted in a sulfuric acid regeneration furnace determines if the activity is excluded use or reuse, or burning for energy recovery subject to Part 266, Subpart H. Generally, waste with a heating value at or above 5000 Btu/lb is considered burned as fuel. Hazardous waste burned in a BIF for metals recovery is exempt under 266.100(c) only if the device burns the waste exclusively for metals recovery and not partially for destruction or energy recovery. A secondary material with high sulfur content burned in a sulfuric acid regeneration furnace is not eligible for the 261.4(a)(7) exclusion because the secondary material in question is not spent sulfuric acid.
 
07/14/1994MANAGEMENT OPTIONS FOR MERCURY-CONTAINING LAMPSMemo
 Description: EPA Headquarters does not generally make regulatory decisions concerning the legitimacy of specific recycling operations. These issues are decided on a site-specific basis. Sham recycling is a site-specific issue (SEE ALSO: 64 FR 36466; 7/6/99).
 
07/11/1994APPLICABILITY OF RCRA USED OIL REGULATIONS TO USED OIL CONTAINED IN DISCARDED HOUSEHOLD APPLIANCESMemo
 Description: Discarded household appliances containing used oil are regulated under Part 279 if the oil is recycled, and as hazardous waste if the oil is characteristic and disposed. Chlorinated fluorocarbon (CFC)-contaminated used oil is exempt from the rebuttable presumption at the point of draining provided the CFCs will be reclaimed. Removal of CFCs is not treatment. Appliances from which used oil has been removed such that no visible signs of free-flowing oil remain in or on the material are not subject to Part 279.
 
07/11/1994CLARIFICATION OF HOW RCRA REGULATIONS APPLY TO OFF-SPECIFICATION FUELS THAT ARE BEING BURNED FOR ENERGY RECOVERYMemo
 Description: Characteristic off-specification fuels (e.g., gasoline, kerosene, jet fuel, and diesel) are CCPs and are not solid waste when burned for energy recovery because they are fuels. Section 261.2(c)(2)(ii) applies to both listed and characteristic CCPs. Cleanup levels for spills of gasoline and other fuels are site-specific.
 
07/11/1994CLARIFICATION ON HOW REUSE OF ""WASTE RESINS"" AS FEED STOCK TO MANUFACTURE NEW PRODUCTS ARE REGULATED UNDER RCRAMemo
 Description: Outdated resins qualifying as off-specification CCPs are not solid wastes when recycled, unless they are burned for energy recovery or used in a manner constituting disposal and that was not their originally intended purpose. Secondary materials that are reclaimed or directly reused as feedstocks in industrial processes to make a product, or used as effective substitutes for products, are not solid wastes.
 
07/05/1994GUIDANCE ON TRIAL BURN FAILURESMemo
 Description: Discusses EPA’s guidance on incinerator and BIF trial burns including: what is a successful trial burn, how to handle invalid trial burn data, what is an unsuccessful trial burn. Discuses requests for a trial burn retest, and restriction of operations after unsuccessful trial burn.
 
07/01/1994WASTE MINIMIZATION AND RECYCLING ACTIVITIES THAT RESEMBLE CONVENTIONAL WASTE MANAGEMENT PRACTICESQuestion & Answer
 Description: Burning for energy recovery and use in a manner constituting disposal do not qualify as waste minimization. Source reduction involves decreasing the amount of hazardous substance entering the waste stream. Recycling involves use, reuse, or reclamation.
 
06/10/1994APPLICABILITY OF PART 279 USED OIL MANAGEMENT STANDARDS TO THE OPERATION OF A VEHICLE FLEET SERVICING OPERATIONMemo
 Description: A company which services vehicles at off-site locations and brings used oil to an aggregation point or collection center is subject only to the generator requirements provided each shipment of used oil is 55 gallons or less.
 
06/10/1994CLARIFICATION OF RCRA REGULATIONS AS THEY APPLY TO THE USE OF PERCHLOROETHYLENE IN DRY-CLEANING PROCESSMemo
 Description: Perchloroethylene (PCE) from dry cleaning that is periodically drained from a closed-loop solvent reclamation system, stored temporarily, and reintroduced into the system may be a spent material or product, depending on the level of contamination and where the PCE is being reintroduced into the system.
 
06/10/1994REGULATORY STATUS OF NON-LISTED SLUDGE THAT IS BEING RECYCLEDMemo
 Description: Residues contained in recovery units used to treat wastewater are sludges. Recovery units are classified as sludges if they are used for pollution control. Characteristic sludges sent for reclamation are not solid wastes. The letter from Straus to Dufficy (RPC# 1/6/87-01) reflects current policy. EPA does not differentiate between the regulatory status of steel wool cartridges and copper coated steel mesh type canisters.
 
06/09/1994APPLICABILITY OF RCRA TO VARIOUS PRODUCTS (E.G., CLINKER, FERTILIZER) PRODUCED BY A CEMENT KILN EQUIPPED WITH A RECOVERY SCRUBBERMemo
 Description: Product clinker and fertilizer that are produced using previously landfilled Bevill exempt cement kiln dust are not subject to Subtitle C as long as the products are commercial grade, do not contain hazardous constituents in excess of those found in comparable products, and have met applicable land disposal restrictions (LDR) treatment standards (SEE ALSO: RPC# 5/17/94-01; 60 FR 6666; 2/7/95).
 
06/09/1994TRANSPORTATION OF USED OIL TO LOCATIONS WHERE USED OIL CAN BE MIXED WITH CRUDE OILMemo
 Description: Used oil can be transported to sites where it can be mixed with crude oil (e.g., crude oil pipelines, exploration and production facilities, petroleum refineries, and aggregation points). Refineries receiving off-site used oil are subject to the processor rules until the used oil enters the refining process. An oil and gas exploration and production or refining facility may transport used oil to their aggregation points. The transporter and transfer facility rules apply to used oil transported off-site to a pipeline or to an oil and gas exploration and production facility until it is mixed with crude oil and qualifies for the 279.10(g)(2) exemption.
 
06/08/1994APPLICABILITY OF 261.33 TO DIETHYLHEXYL PHTHALATE-CONTAINING CAPACITORS FROM FLUORESCENT LIGHT BALLASTSMemo
 Description: Capacitors that contain diethylhexyl phthalate (DEHP) that are removed from lamp ballasts have been used, and therefore are not U028. If DEHP from ballasts is reclaimed and then spilled or discarded, the listing could apply.
 
06/07/1994SHAM RECYCLING POLICY AS IT PERTAINS TO THE BOILER AND INDUSTRIAL FURNACE RULEMemo
 Description: The BIF rule supersedes the sham recycling policy of a minimum 5000 Btu/lb heating value for waste (56 FR 7183; February 2, 1991). A product is waste-derived if a furnace burns hazardous waste fuels with a heating values less than 5000 Btu/lb, unless the facility demonstrates legitimate energy recovery, or unless the is waste is excluded via the use in a manner constituting disposal standards in Section 266.20(b). The minimum fuel value is determined on an as-generated, not as-fired basis. Blending to augment the as-generated heating value cannot be used to pass threshold. The heating value can be increased through legitimate treatment.
 
05/27/1994IMPLEMENTATION STRATEGY OF U.S. SUPREME COURT DECISION CITY OF CHICAGO V. EDF FOR MUNICIPAL WASTE COMBUSTOR ASHMemo
 Description: The implementation strategy following the Supreme Court Decision states Section 3001(i) does not exempt ash from resource recovery facilities burning household and nonhazardous commercial wastes. Waste-to-energy facilities must set up programs to determine if ash is hazardous and must manage hazardous ash in an environmentally responsible manner. Discusses factors to consider in an enforcement response (SUPERSEDED: see RPC# 3/22/95-01).
 
05/26/1994CLASSIFICATION OF A MERCURY RECOVERY UNITMemo
 Description: One condition of the exclusion from the BIF rules for furnaces engaged solely in metal recovery is that the heating value of the waste cannot exceed 5000 Btu/lb, otherwise the waste is being burned for energy recovery. The requirement is inconsistent with the land disposal restrictions (LDR) mercury recovery treatment standards (SEE ALSO: RPC# 12/17/93-01).
 
05/23/1994ENHANCED PUBLIC PARTICIPATION AND STRONGER COMBUSTION PERMITTING REQUIREMENTSMemo
 Description: Announces RCRA Expanded Public Participation and Revisions to Combustion Permitting proposed rule, including a list of its principal goals. EPA encourages Regions and states to begin implementing applicable provisions. Permit applicants are also encouraged to meet relevant provisions where feasible.
 
05/20/1994MINIMUM HEAT CONTENT REQUIREMENTS FOR HAZARDOUS WASTES BURNED IN BIFSMemo
 Description: Blending hazardous waste (HW) to increase the heating value is not prohibited, but if a BIF burns the HW with a heating value below 5000 Btu/lb and does not document that it was burned for legitimate energy recovery, and the product derived from the burning is placed on land is use in manner constituting disposal, and would be a HW. Such a HW-derived product could be exempted from compliance with the land disposal restrictions (LDR) and notification requirements. Discusses fuel value based on as-generated, not as-fired basis. Blending cannot be used to meet fuel value test. As-generated fuel value can be increased by legitimate treatment (e.g., decanting).
 
05/19/1994CLARIFICATION OF RCRA HAZARDOUS WASTE REGULATIONS AS THEY APPLY TO CERTAIN SECONDARY MATERIALSMemo
 Description: Hydrochloric acid (HCL) from air pollution control device may be a co-product. Discusses by-product vs co-product criteria, such as separate production streams, fit for end use, intentionally produced, market exists. HCl used as a pickling agent is not a solid waste. HCl injected as a fracturing agent is land disposed.
 
05/17/1994REGULATORY STATUS OF PRODUCTS (INCLUDING CLINKER AND FERTILIZER) PRODUCED IN CEMENT KILNS EQUIPPED WITH A RECOVERY SCRUBBERMemo
 Description: Since cement kiln dust (CKD) is not a hazardous waste, products (e.g., clinker and fertilizer) partially derived from processing CKD are not subject to regulation. Cement kilns that burn or process hazardous waste must meet the requirements in 266.112 for their CKD to be exempt (SEE ALSO: 60 FR 6666; 2/7/95; RPC# 6/9/94-02).
 
05/16/1994ACCEPTABILITY OF IMPORTING NICKEL-CONTAINING CATALYSTS FOR NICKEL RECOVERY AND STAINLESS STEEL SCRAPMemo
 Description: Nickel-containing catalysts and stainless steel scrap that do not exhibit a characteristic may be imported for recovery because they are not hazardous wastes. The applicability of the Basel Convention and bilateral agreements are discussed.
 
05/09/1994EPA’S DRAFT WASTE MINIMIZATION AND COMBUSTION STRATEGY AND IT’S IMPLICATIONS FOR SUPERFUNDMemo
 Description: The Combustion Strategy impact on hazardous waste incineration at CERCLA cleanups is discussed. Hazardous waste combustion remains an appropriate remedy at many sites. The Combustion Strategy is not an ARAR since it is not legally enforceable, but it is regarded as a TBC ("To Be Considered") at CERCLA sites.
 
05/09/1994REGULATORY REQUIREMENTS FOR ON-SITE TREATMENT OF OXYGEN BREATHING APPARATUS (OBA) CANISTERSMemo
 Description: Oxygen breathing apparatus (OBA) used by firefighters could qualify as exempt scrap metal when recycled. There is no need to determine if recycled scrap metal is a hazardous waste (HW). Emptying a steel OBA canister could be an exempt scrap steel recycling process if the canisters are to be recycled (SEE ALSO: 261.4(a)(13) exclusion for processed scrap metal). Emptying canisters to render them nonhazardous prior to disposal may be regulated treatment. HW canisters may be accumulated on-site without a permit under 262.34. Tanks meeting the wastewater treatment unit definition are exempt from permitting requirements.
 
05/05/1994REVISED DRAFT OF RISK ASSESSMENT IMPLEMENTATION GUIDANCE FOR HAZARDOUS WASTE COMBUSTION FACILITIESMemo
 Description: The latest revisions (pursuant to the Combustion Strategy) to the implementation guidance for conducting risk assessments at RCRA hazardous waste combustion facilities are discussed.
 
05/01/1994ENERGY RECOVERY ON-SITE CONSTITUTES REUSE FOR THE GENERATOR PROCESSING EXEMPTIONQuestion & Answer
 Description: Used oil (UO) generators who burn off-specification UO on-site may filter, clean, or otherwise recondition the UO without meeting the processor requirements.
 
04/15/1994REGULATORY STATUS OF NATURAL GAS PIPELINE CONDENSATEMemo
 Description: Although ignitable off-specification fuels, such as natural gas condensate, are usually not solid wastes when burned for energy recovery, sale or use of low energy value condensate as motor fuel or a fuel additive may constitute sham burning for energy recovery. The use of unadulterated natural gas pipeline condensate with a high Btu/lb value can constitute legitimate burning for energy recovery. Factors besides the energy value apply to a sham recycling determination.
 
04/08/1994CLARIFICATION OF USED OIL RULES AS THEY APPLY TO DO-IT-YOURSELF OIL CHANGERSMemo
 Description: Do-It-Yourself (DIY) used oil (UO) generators are not subject to the used oil standards. Do-It-Yourself oil is subject to Part 279 regulation once it has been collected. Collected Do-It-Yourself oil is subject to the rebuttable presumption. The collection center can rebut the presumption based on the household hazardous waste exemption.
 
04/04/1994RESPONSE TO THE PETITION FOR ADMINISTRATIVE ACTION TO CEASE HAZARDOUS WASTE BURNING AND NOTICE OF CITIZEN SUITSMemo
 Description: Interim status is a statutory right when a facility meets all applicable standards. EPA cannot order BIFs that properly qualified for interim status to stop operating. To qualify for interim status, a facility must be in existence on the effective date of the applicable rule.
 
04/01/1994CONDITIONALLY EXEMPT SMALL QUANTITY GENERATOR (CESQG) HAZARDOUS WASTE RECYCLING FACILITIESQuestion & Answer
 Description: Recycling facilities need not be permitted, licensed, or registered by EPA or the State in order to receive CESQG waste.
 
04/01/1994DESIGNATING EXEMPT RECYCLING FACILITIES ON THE MANIFESTQuestion & Answer
 Description: Permit-exempt recycling facilities can be a designated facilities on a manifest. Exempt recycling facility must obtain an EPA identification number and comply with manifest requirements.
 
03/31/1994INTERPRETATION ON REGULATORY STATUS OF MERCURY RELAYS AND SWITCHES WHEN RECLAIMEDMemo
 Description: Clarification of when a secondary material is a spent material and the definition of contamination are discussed. Materials such as used lead-acid batteries (battery), solvents, and mercury thermostats and switches are spent materials when sent for reclamation, even if they can still be used for their original purpose. Characteristic sludges and by-products are not solid wastes when reclaimed. Commercial chemical products (CCPs), whether listed or characteristic, are not solid wastes when reclaimed.
 
03/30/1994FREE-FLOWING MERCURY WHICH IS DISTILLED AND SOLD AS AN INGREDIENT IN AN INDUSTRIAL PROCESSMemo
 Description: In general, wastes destined for reclamation (distillation) prior to use as ingredients are not eligible for the direct reuse exemption. Metals suitable for direct use or that only have to be refined rather than reclaimed to be usable are products, not wastes (e.g., free flowing mercury which is distilled and sold as an ingredient in an industrial process).
 
03/24/1994CLARIFICATION OF THE DEFINITION OF ""SPENT MATERIAL"" AS IT APPLIES TO A MERCURIC CHLORIDE CATALYSTMemo
 Description: Mercuric chloride catalyst used in a production process is a spent material when it is taken out of service, regardless of contamination. Spent materials are solid wastes when sent for reclamation. "Contamination" refers to any impurity, factor, or circumstance which causes a material to be taken out of service for reprocessing.
 
03/24/1994CLARIFICATION OF WHEN A SECONDARY MATERIAL MEETS THE DEFINITION OF ""SPENT MATERIAL""Memo
 Description: Clarification of when a secondary material is a spent material and the definition of contamination are discussed. Materials such as used lead-acid batteries (battery), solvents, and mercury thermostats and switches are spent materials when sent for reclamation, even if they can still be used for their original purpose (See Also: RO 14814). Characteristic sludges and by-products are not solid wastes when reclaimed. Commercial chemical products (CCPs), whether listed or characteristic, are not solid wastes when reclaimed.
 
03/22/1994CLARIFICATION OF RECYCLED USED OIL MANAGEMENT STANDARDS AS THEY APPLY TO WASTEWATER TREATMENT ACTIVITIESMemo
 Description: Wastewater that contains used oil meets the definition of used oil and is subject to Part 279. Used oil-containing residues and sludges from wastewater treatment units (WWTUs) are subject to Part 279. On-site separation of used oil and water to meet CWA requirements does not constitute used oil processing, provided that the recovered used oil is not sent to an off-site used oil burner.
 
02/28/1994APPLICABILITY OF RCRA SUBTITLE C REGULATIONS TO SILVER RECLAMATION OPERATIONS OF SPENT PHOTOGRAPHIC FIXER SOLUTIONSMemo
 Description: Spent photographic fixer solution is a spent material, and subject to regulation as a precious metal when it is reclaimed. Silver-bearing sludge precipitated from spent fixer is not a solid waste when it is reclaimed, and therefore it is not subject to Part 266, Subpart F. The precipitation process is exempt recycling.
 
02/18/1994REGULATORY STATUS OF RAINWATER IN WOOD PRESERVING PROCESS AREASMemo
 Description: Rainwater that contacts drip pad at a wood preserving facility becomes a hazardous waste and remains a hazardous waste until recycled (SEE ALSO: Section 261.3(c)(2)). Quantity of contaminated rainwater generated should be included in the monthly generator reporting requirements.
 
02/08/1994CLARIFICATION OF USED OIL REGULATIONS PERTAINING TO USED OIL BEING RECYCLED AND USED OIL BEING BURNED IN AN INDUSTRIAL BOILERMemo
 Description: Characteristic used oil is subject to Part 279 if it is recycled, and is subject to RCRA Subtitle C when it is sent off-site for disposal if it cannot be recycled. There is no need to test for specification if used oil is burned in 279.61 units. A marketer includes anyone selling used oil to a customer burning it for energy recovery.
 
01/28/1994REGULATORY STATUS OF TREATMENT ASSOCIATED WITH FUEL-BLENDING ACTIVITIESMemo
 Description: The definition of treatment has been upheld in court. Adding materials (e.g., sodium hydroxide) to a waste during fuel blending meets the definition of treatment. Physical manipulation, commingling or consolidation of wastes, distillation to remove contaminants, and processing to remove components (e.g., to accomplish phase separation) could all meet the definition of treatment. The waste treatment codes T50 (blending), T54 (distillation), and T63 (solvent recovery) identified in Part 264 Appendix I are used to identify handling techniques, not to identify all the activities requiring a permit or constituting treatment.
 
01/12/1994REGULATORY STATUS OF AND PROPER DISPOSAL METHODS FOR HYDRAULIC FLUID FILTERS USED IN AIRCRAFTSMemo
 Description: Hydraulic fluid filters are not included in the non-terne plated used oil filter exemption. Hydraulic fluid is regulated as used oil. Hydraulic fluid filters that no longer contain used oil are still regulated as used oil when they are burned for energy recovery. Hydraulic fluid filters from which oil has been removed may be hazardous waste when they are disposed.
 
01/10/1994IMPACT OF DRAFT HAZARDOUS WASTE MINIMIZATION AND COMBUSTION STRATEGY ON OHIO'S REGIONAL IMPLEMENTATION OF AIR REGULATIONSMemo
 Description: Air permits may be more appropriate to address dioxin and particulate matter.However, a RCRA permits may include some limits on dioxins, furans, and particulate matter.
 
01/10/1994USE OF ON-SPECIFICATION USED OIL FUEL AS A SUBSTITUTE FOR #2 FUEL OIL IN MANUFACTURING ANFO BLASTING AGENTSMemo
 Description: On-specification used oil fuel is the equivalent of virgin fuel oil for regulatory purposes. The substitution of specification used oil fuel for #2 fuel oil in ANFO (an explosive based on ammonium nitrate and fuel oil) production is a legitimate recycling activity.
 
01/04/1994REGULATORY STATUS OF WASTE AEROSOL CANSMemo
 Description: No categorical determination is possible as to the reactivity of various types of aerosol cans. A hazardous waste determination is the responsibility of generator. Steel aerosol cans that do not contain a significant amount of liquid (e.g., cans that have been punctured and drained) meet the definition of scrap metal. Aerosol cans that are recycled as scrap metal are exempt, and the generator need not make a hazardous waste determination (SEE ALSO: 261.4(a)(13) exclusion for processed scrap metal).
 
12/27/1993REGULATORY DETERMINATION ON THE STATUS OF PRECIOUS METAL RECOVERY FURNACESMemo
 Description: Addesses the criteria for legitimate precious metal recovery. Furnaces legitimately recovering precious metals fall within the Part 266, Subpart F exemption, and are not subject to the Subpart O incinerator regulations and most BIF rules, except for one-time notification and certification, sampling, and analysis. A precious metal recycler must be able to demonstrate that he is engaged in legitimate recycling.
 
12/23/1993MANAGEMENT OF LEAD-ACID BATTERIES THAT ARE RECYCLEDMemo
 Description: Section 266.80(a) applies to locations where lead-acid batteries are stored, but not reclaimed, regardless of the battery management activities that the owner or operator may conduct at other locations. Section 266.80(b) applies to locations where lead-acid batteries are both stored and reclaimed (SEE ALSO: Part 273).
 
12/17/1993CLASSIFICATION OF OLIN MERCURY RECOVERY UNIT AS AN INDUSTRIAL FURNACEMemo
 Description: A mercury recovery unit is a type of smelting, melting, or refining furnace and is therefore an industrial furnace (BIF). Discusses the elements of classification of a BIF. If the unit is used solely for metal recovery, then it is conditionally exempt from BIF rules. The exemption is conditioned on notification, sampling and analysis, and recordkeeping. Provides a mercury retorter definition.
 
12/10/19931994 JOBS THROUGH RECYCLING INITIATIVEMemo
 Description: Discusses the Jobs Through Recycling Initiative and EPA's plans to provide grants to Solid Waste Recycling and Reuse Business Assistance Centers (RBACs) and Recycling Economic Development Advocates (REDAs).
 
12/06/1993DEFINITION OF INDUSTRIAL FURNACE AS IT APPLIES TO SMELTING, MELTING, AND REFINING FURNACES HANDLING SECONDARY MATERIALSMemo
 Description: Smelting, melting, and refining furnaces processing waste solely for metals recovery is exempt from the BIF permitting and emission standards. Legitimacy of operation is a case-by-case determination (SEE ALSO: 56 FR 7143; February 21, 1991 and 53 FR 522; January 8, 1988).
 
11/29/1993REGULATORY INTERPRETATION OF A MOBILE MERCURY RETORTING PROCESS FOR MERCURY CONTAMINATED SOILS FROM NATURAL GAS PIPELINE METERSMemo
 Description: Mercury roasting and retorting are two methods of reclamation. Discussion of what roasting and retorting furnaces accomplish. Reclamation is a type of recycling. Recycling is generally not subject to regulation, unless recycling is taking place in a BIF. Roasting and retorting meet the definition of industrial furnace (BIF) since they are smelting, melting, or refining furnaces. Retorting solely for metal recovery is conditionally exempt from BIF rules (SEE ALSO: 64 FR 52827; September 30, 1999). Discussion of the elements of the exemption.
 
11/17/1993REGULATORY STATUS AND MANAGEMENT OF LIQUIDS AND ABSORBENT MATERIALS CONTAINING LIQUIDSMemo
 Description: The liquids in landfills prohibition applies only to hazardous waste landfills. Sorbents that are used to clean up non-listed waste are hazardous only if they are characteristic. Liquids must be absorbed prior to placement in municipal solid waste landfills. Used oil is presumed to be recycled until it is sent for disposal. Sorbents containing used oil that will be burned for energy recovery are subject to Part 279. Sorbents that are defined as used oil that will not be burned for energy recovery are managed under Part 279 until they are disposed, even if they are characteristic.
 
11/17/1993REGULATORY STATUS OF USED CUTTING OILS AND USED OIL COATED STEEL TURNINGS GENERATED DURING MACHINING OPERATIONSMemo
 Description: Cutting oils, including those removed from steel turnings, may be regulated as used oil. The steel turnings would be regulated as used oil as a material containing or otherwise contaminated with used oil, if used oil is visibly dripping. After the oil is removed, the steel turnings are not used oil. Steel turnings may meet the definition of scrap metal.
 
11/04/1993REGULATORY STATUS OF HAZARDOUS WASTE FUELS CONTAINING RECOVERED LIGHT HYDROCARBONMemo
 Description: Light hydrocarbon wastestreams generated in the production of a primary product may be either by-products or co-products, depending on site-specific factors. By-products burned for energy recovery are solid wastes, while co-products are not. Discusses the factors that are relevant in determining whether a material is a product or a waste. Discusses clean fuels.
 
11/02/1993REGULATORY STATUS OF CEMENT PRODUCED USING HAZARDOUS WASTE FUELSMemo
 Description: EPA does not currently regulate cement produced with clinker from kilns burning hazardous waste fuels. Such cement is not derived-from hazardous waste based on the understanding that fuel residues do not end up in the cement product.
 
11/01/1993RECYCLED USED OIL PROCESSING STANDARDS AS THEY APPLY TO ON-SITE RECYCLING OF USED OIL RECOVERED FROM A WASTEWATER TREATMENT SYSTEMMemo
 Description: Oil/water separation and recycling metal-working oil on-site are not processing if the recovered oil is not burned for energy recovery. Activities that are ancillary to the normal manufacturing process are not considered processing. USTs containing used oil are subject to Parts 279 and 280.
 
10/22/1993REGULATORY STATUS OF USED NICKEL-CADMIUM BATTERIESMemo
 Description: Used nickel-cadmium batteries (battery) that can no longer be used for the purpose for which they were produced are spent materials and are solid wastes when reclaimed. The nickel-cadmium repair process (replacing damaged separator material and electrolytes) may be a regeneration activity that qualifies for the 261.6(a)(3) exemption for batteries returned to the manufacturer for regeneration because the activity is similar to recycling CCPs (SUPERSEDED: 261.6(a)(3)(ii) removed; See Also Part 273 and 60 FR 25535; 5/11/95).
 
10/13/1993CLARIFICATION OF THE RECYCLED USED OIL MANAGEMENT STANDARDS AS THEY PERTAIN TO IGNITABLE USED OILMemo
 Description: Used oil consolidated from different sources is regulated under Part 279. Used oil that is hazardous solely because it exhibits a characteristic is subject to Part 279. Used oil that cannot be recycled is subject to RCRA Subtitle C if the used oil is hazardous waste. Used oil must meet the criteria in 279.11 to be burned as on-specification fuel.
 
10/07/1993CLARIFICATION OF THE RECYCLED USED OIL MANAGEMENT STANDARDSMemo
 Description: Scrap metal that meets the no free-flowing oil standard is not subject to the used oil transporter standards. Coolant recycling and oil/water separation are not used oil processing when they are incidental to the normal manufacturing process.
 
10/07/1993CLARIFICATION OF THE USE OF UNDERGROUND STORAGE TANKS TO CONTAIN HAZARDOUS WASTE SPILLSMemo
 Description: An underground tank used to contain a spill of hazardous waste solvent is a hazardous waste tank system. An underground tank used to contain a spill of reclaimed solvent not a hazardous waste tank system, but it may be subject to Part 280.
 
10/07/1993REGULATORY STATUS OF USED RESIDENTIAL AND COMMERCIAL/INDUSTRIAL AEROSOL CANSMemo
 Description: EPA is unable to determine if aerosol cans exhibit the characteristic of reactivity (D003). Emptying a steel aerosol can by puncturing and draining it may be exempt as a step in recycling the can as scrap metal. A steel aerosol can qualifies as scrap metal if it does not contain significant liquids (i.e., is fully drained) and is therefore exempt from regulation when sent for recycling. Aerosol cans may be rendered empty in accordance with 261.7. Liquid or gas removed from a can is hazardous waste if it is listed or characteristic. There is no need to determine if a steel aerosol can is empty once it qualifies as scrap metal (i.e., once it no longer contains significant liquids) that is destined for recycling. Aerosol cans generated by households qualify for household hazardous waste exclusion. The exclusion attaches at the point of generation and continues to apply throughout the waste management cycle.
 
10/07/1993REGULATORY STATUS OF USED RESIDENTIAL AND COMMERCIAL/INDUSTRIAL AEROSOL CANSMemo
 Description: Aerosol cans generated by households qualify for the household hazardous waste exclusion. The exclusion attaches at the point of generation and continues throughout the waste management cycle. Steel aerosol cans are scrap metal when they are recycled if they do not contain significant liquids. There is no need to determine if a steel aerosol can is empty once it qualifies as scrap metal. Emptying an aerosol can by puncturing and draining may be exempt as a step in the recycling of the can as scrap metal. EPA is unable to determine if aerosol cans exhibit the characteristic of reactivity (D003). Liquid or gas removed from a can is hazardous waste if it is listed or characteristic. Aerosol cans may be emptied in accordance with 261.7.
 
10/05/1993RESPONSE REGARDING NEEDLESTICK INJURIES IN THE SHARPS RECYCLING INDUSTRYMemo
 Description: EPA plans to update Disposal Tips for Home Health Care to emphasize that containers in which sharps are disposed should not be recycled.
 
09/27/1993REGULATORY STATUS AND MANAGEMENT OF DISPOSABLE AND LAUNDERABLE INDUSTRIAL RAGS AND WIPERSMemo
 Description: Once a rag, wiper, or any solid waste is drained of all free-flowing used oil, the generator must determine its hazardous waste status. Whether or not a rag contains listed hazardous waste, is mixed with listed hazardous waste, exhibits a characteristic, or is not waste at all depends on site-specific factors. Industrial laundries are not POTWs. Therefore, hazardous waste mixed with domestic sewage that is conveyed to laundry by sewer system is not excluded. Discharges from a laundry to a POTW via the sewer system may qualify for the domestic sewage exclusion.
 
09/24/1993CLARIFICATION OF THE USED OIL REGULATIONS APPLICABLE TO MIXTURES OF USED OIL AND CHARACTERISTIC WASTEMemo
 Description: Mixtures of used oil and ignitable-only characteristic wastes (D001) are regulated as used oil if they are no longer D001. Mixtures of used oil and other characteristic wastes are hazardous wastes if they are characteristic, and used oil if they are not. Mixtures of used oil and wastes listed solely for ignitability are regulated as used oil if they are no longer ignitable. Mixtures of used oil and wastes listed for corrosivity, reactivity, or characteristic of toxicity are hazardous wastes if they exhibit a characteristic, and used oil if they do not.
 
09/24/1993REGULATORY STATUS OF SPENT SOLDER BATHS, ALSO KNOWN AS ""POT DUMPS""Memo
 Description: Pot dumps, or spent solder baths, generally meet the definition of scrap metal and are not subject to regulation when reclaimed (SEE ALSO: Section 261.4(a)(13) exclusion for processed scrap metal).
 
09/24/1993SOLDER BATHS AND SCRAP METALMemo
 Description: Spent solder baths generally meet the definition of scrap metal.
 
09/23/1993GUIDANCE ON INDIRECT EXPOSURE ASSESSMENTS FOR HAZARDOUS WASTE COMBUSTION SOURCESMemo
 Description: Provides guidance on indirect exposure assessments for hazardous waste combustion sources. This memo transmits for review and comment the draft addendum to the 1990 Office of Research and Development (ORD) report, "Methodology for Assessing Health Risks Associated with Indirect Exposure to Combustor Emissions.” It also includes EPA’s initial recommendations on dealing with additional risk assessment issues such as the choice of risk levels and how to consider other air emission sources.
 
09/23/1993REGULATORY STATUS OF THE MANUFACTURE AND USE OF WASTE-DERIVED FERTILIZERMemo
 Description: Flue dust used in the production of commercial fertilizer is a characteristic sludge used in a manner constituting disposal and is a solid waste. A solid waste determination is made at the point of generation.
 
09/20/1993REGULATORY DETERMINATION OF SPENT SOLDER BATHS, ALSO KNOWN AS ""POT DUMPS""Memo
 Description: Spent solder baths, or "pot dumps," meet the definition of scrap metal and are exempt when recycled. The 261.2(f) documentation applies to scrap metal that is conditionally exempt based on recycling. Scrap metal that will be recycled is still a solid waste and could be subject to Subtitle C regulation if it is abandoned through disposal (SEE ALSO: 261.4(a)(13)).
 
09/20/1993TRANSPORTING WASTES FROM CONDITIONALLY EXEMPT SMALL QUANTITY GENERATORSMemo
 Description: CESQGs may send waste to a facility that beneficially uses or reuses, or legitimately recycles or reclaims waste. CESQG waste does not need to be accompanied by a manifest.
 
09/15/1993CLARIFICATION OF RCRA REGULATORY APPLICATION TO SOILS CONTAMINATED BY CEMENT KILN DUSTMemo
 Description: Secion 266.112 does not apply retroactively to soil contaminated by cement kiln dust, which is exempt under the Bevill exclusion for fossil fuel combustion wastes, when the soil is removed during corrective action. Discusses the distinction between applying listings retroactively and determining applicability of Bevill exclusion.
 
09/14/1993REGULATORY INTERPRETATION OF AUTOMATIC WASTE FEED CUTOFFS IN BOILERS AND INDUSTRIAL FURNACESMemo
 Description: Automatic waste feed cutoffs (AWFCOs) in BIFs must be triggered if certain parameters are exceeded. If a waste cannot enter a BIF or remain in the combustion chamber after AWFCO, the BIF is not required to maintain minimum combustion temperature after AWFCO.
 
09/14/1993REGULATORY STATUS OF BRASS PARTICLES GENERATED IN THE BELTING AND BUFFING OF BRASS CASTINGSMemo
 Description: Scrap metal that fails the toxicity characteristic for lead is excluded from RCRA Subtitle C regulation when it is recycled. The determination whether brass particles from the belting/buffing of brass castings are scrap metal is made by the state or Regional office (SEE ALSO: 261.4(a)(13) exclusion for processed scrap metal).
 
09/09/1993REGULATORY STATUS OF DRIP GAS GENERATED ALONG NATURAL GAS TRANSMISSION PIPELINESMemo
 Description: Addresses the regulatory status of drip gas from natural gas pipelines that is used as a solvent to remove paraffin buildup. Drip gas may be a hazardous waste used in a manner constituting disposal if it is a by-product rather than a legitimate product. Discusses the criteria for determining if the drip gas is a waste or a product.
 
09/03/1993ANTICIPATED CHANGES TO USED OIL REGULATIONSMemo
 Description: Discusses the anticipated changes to the definition of processor and to the status of used oil that is inserted into the refining process at primary oil refineries ( the changes were finalized; 59 FR 10559; 3/4/94). The majority of the Part 279 used oil regulations were promulgated pursuant to the RCRA Subtitle C base program.
 
09/01/1993HAZARDOUS WASTE RECYCLING REGULATIONS TO A PROPOSED INK RECYCLING PROCESSMemo
 Description: Waste ink is a spent material. Spent materials are solid wastes when they are reclaimed. Process recycling waste ink is not regulated under RCRA Subtitle C. The storage of waste ink prior to recycling is subject to permit standards. Whether a temporary holding area is subject to permitting is decided on a case-by-case basis. Lithographic printers may qualify as CESQGs (SEE ALSO: RPC# 9/20/93-03). Waste ink may be characteristic or listed, depending on the type of solvent used to clean the ink machine. Hazardous waste recyclers must notify EPA under RCRA 3010 and obtain EPA ID numbers. Residues from the recycling process may no longer be solid wastes if they are legitimate products. Discusses the regulatory status of reclaimed materials and legitimacy determinations.
 
08/11/1993RESPONSE TO QUESTIONS ABOUT EPA’S COMBUSTION STRATEGYMemo
 Description: The Combustion Strategy will not impact incinerators at CERCLA sites or the ability of interim status units to continue burning hazardous waste. Provides a summary of the risk assessment guidance. Permit applications for new combustion facilities have a lower priority than pending applications of interim status facilities. Pursuant to the Combustion Strategy, EPA is examining its authority to enforce the generator and TSDF waste minimization and certification requirements.
 
07/28/1993CLARIFICATION OF USED OIL MANAGEMENT STANDARDS PERTAINING TO USED OIL GENERATED AND MANAGED ON-SITEMemo
 Description: Waste remains on-site if its movement does not involve traveling along a public right of way, even if the movement involves traveling directly across a public right of way. Part 279 used oil transporter standards do not apply to the on-site movement of used oil.
 
07/28/1993RESPONSE TO REQUEST FOR RCRA EXEMPTION FOR FLUORESCENT LAMPSMemo
 Description: The crushing of mercury-containing fluorescent lamps constitutes hazardous waste treatment, but it can be exempt from regulation if it is a necessary part of a legitimate recycling process (SUPERSEDED: lamp crushing by universal waste handlers is prohibited; see 64 FR 36466, 36477-36478; 7/6/99). The storage of crushed lamps is still subject to regulation.
 
06/02/1993REGULATORY STATUS OF DISULFIDE OIL WHICH IS BURNED IN A SULFURIC ACID FURNACEMemo
 Description: Discusses by-product versus co-product. Material that must be further processed is considered a by-product. Disulfide oil (by-product) that is recycled as feedstock in sulfuric acid manufacturing is unique in that it provides both material value (sulfur content) and fuel value. Based on all factors, EPA has determined that disulfide oil recycled in this manner is not a solid waste.
 
06/02/1993REGULATORY STATUS OF HAFS AND THE VCR PROCESS UNIT LOCATED AT BORDEN'S GEISMAR, LA FACILITYMemo
 Description: A Valorization of Chlorinated Residuals unit is a halogen acid furnace (HAF) and thus is an industrial furnace that is subject to the BIF rules. EPA designates all hazardous material fed to HAFs as inherently waste-like, since HAFs necessarily destroy toxic constituents in addition to recovering materials or energy.
 
05/06/1993CLARIFICATION OF THE TERM ""WHEN"" IN 40 CFR 261.2(C)Memo
 Description: The term "when" as used in 261.2 applies to the point that a material's ultimate disposition has been determined. Materials that are not solid wastes when they are reclaimed are exempt from the point of generation forward. Secondary materials that are excluded from the definition of solid waste based on claims of recycling are no longer exempt if the materials are accumulated speculatively prior to recycling. Respondents must be able to document their claims of legitimate recycling in accordance with 261.2(f).
 
05/06/1993WASTE MANAGEMENT OPTIONS FOR ZINC-CARBON BATTERIESMemo
 Description: Zinc-carbon batteries that contain cadmium are subject to land disposal restrictions (LDR) only if they fail the TCLP and extraction procedure (EP) (SUPERSEDED: see 63 FR 28556; May 26, 1998). Zinc-carbon batteries are not subject to the cadmium battery recycling standard. The applicable D006 treatment standard is based on stabilization (SEE ALSO: Part 273).
 
04/30/1993CLARIFICATION OF STATE AND FEDERAL APPLICABILITY OF THE BIF RULE TO LIME KILNS BURNING HAZARDOUS WASTEMemo
 Description: Recycling is normally considered a form of hazardous waste treatment that is exempt from regulation. The Part 266, Subpart H rules apply to all BIFs that burn or process hazardous waste, regardless of the purpose of burning (SEE ALSO: 266.100(b), (c), (d)).
 
04/29/1993APPLICATION OF THE SCRAP METAL EXEMPTION TO LEAD FOIL USED IN DENTAL X-RAY PACKAGESMemo
 Description: Lead foil from dental x-ray packages qualifies for the scrap metal exemption when it is recycled.
 
04/29/1993REGULATORY STATUS OF SILVER-CONTAINING WASTEWATER TREATMENT SLUDGES WHEN RECYCLEDMemo
 Description: Silver-containing wastewater treatment sludge is not a solid waste when it is reclaimed, and therefore it is not subject to Part 266, Subpart F. Secondary materials that are solid and hazardous wastes when they are sent for silver recovery are subject to the Part 266, Subpart F requirements.
 
04/29/1993REGULATORY STATUS OF SOLDER DRIPPINGS GENERATED DURING RADIATOR REPAIR OPERATIONSMemo
 Description: Solder drippings that are generated during radiator repair operations qualify for the scrap metal exclusion when they are recycled.
 
04/19/1993DISCUSSION PAPER ON POSSIBLE UNIVERSAL WASTEMemo
 Description: EPA is evaluating the applicability of the household hazardous waste (HHW) exclusion to lead-based paint abatement wastes (SEE ALSO: 63 FR 70233, 70241; 12/18/98). Part 279 prohibits the storage of used oil in unlined surface impoundments and applying used oil to roads. Fluorescent bulbs may be conditionally exempt in the future. EPA does not believe that F001-F005 solvents should be included as universal wastes. EPA is currently studying other solvent wastes to determine if they merit a listing (SEE ALSO: 61 FR 42318; 8/14/96). Spent antifreeze may exhibit the toxicity characteristic for lead and/or benzene. EPA is evaluating toxicity characteristic levels for lead and pentachlorophenol (PCP). New MCLs could affect future toxicity characteristic levels. Sandblast grit from the removal of lead-based paint may be D008.
 
04/05/1993CLARIFICATION OF THE USED OIL MANAGEMENT STANDARDS AND HOW THEY APPLY TO USED OIL CONTAMINATED WITH HCFCSMemo
 Description: To qualify for the rebuttable presumption exemption, used oil that is contaminated with hydrochlorofluorocarbons (HCFCs) must be removed from the refrigeration units and the HCFCs must be destined for recycling. HCFC-contaminated used oil can not be mixed with used oil from other sources.
 
03/23/1993EXPORTING CHARACTERISTICALLY HAZARDOUS SLUDGE FOR RECLAMATIONMemo
 Description: A characteristic sludge that is exported for reclamation is not subject to the export regulations because characteristic sludges are not solid wastes when they are reclaimed. 262.53(a)(2)(vi) refers to regulated hazardous wastes that are exported for recycling operations.
 
03/05/1993RECYCLING PETROLEUM REFINERY OILY WASTES; REGULATORY STATUS OF SEPARATION AND RECOVERY SYSTEMS SAREX PROCESS FOR RECYCLING PETROLEUM REFINERY OILY WASTESMemo
 Description: Effluent from a petroleum recovery process that accepts hazardous waste K048-K051 returned to a wastewater treatment system is not derived from listed waste if it is chemically equivalent to non-listed influent (SEE ALSO: RPC# 8/23/85-01). The closed-loop exemption does not apply to oil being returned to a refinery where it will be used as a fuel. The closed-loop exemption does not apply to reclaimed material that will be used to produce a fuel or produce a product that will be applied to the land.
 
02/23/1993STATUS OF UNLISTED COMMERCIAL CHEMICAL PRODUCTS WHEN RECYCLEDMemo
 Description: For purposes of 261.2, EPA interprets nonlisted CCPs to include all types of unused commercial products that exhibit hazardous waste characteristics, even if these products are not commonly considered chemicals (e.g., circuit boards, batteries (battery), etc.). Unlisted CCPs that are sent for reclamation are not solid waste. Reclamation of CCPs that recovers only a minimal amount of material that is of questionable value may be more similar to waste management than legitimate recycling. Persons claiming that a nonlisted CCP being reclaimed is not a solid waste retain the burden of proving that the recycling is legitimate.
 
02/04/1993PURPOSE OF HOME HEATH CARE BOOKLETMemo
 Description: Containers that are made of recyclable materials that hold sharps (i.e., syringes and needles) cannot be recycled (SEE ALSO: 60 FR 33912; 6/29/95).
 
02/01/1993CLOSED-LOOP RECYCLING EXCLUSIONQuestion & Answer
 Description: Secondary materials stored in open-top tanks may qualify for closed-loop recycling exclusion as long as the system meets requirements in Section 261.4(a)(8). Secondary materials should be managed as valuable materials prior to reclamation to ensure the exclusion will apply.
 
02/01/1993MIXTURES OF USED OIL AND CHARACTERISTIC HAZARDOUS WASTEQuestion & Answer
 Description: A mixture of used oil and ignitable-only hazardous waste (D001) is regulated as used oil if mixture is not ignitable. A mixture of used oil and waste characteristic for a reason other than ignitability is regulated as hazardous waste if it exhibits any characteristic after mixing.
 
01/28/1993MOVEMENT OF NICKEL CADMIUM BATTERIES FROM MEXICO TO JAPAN VIA THE UNITED STATESMemo
 Description: Hazardous waste is subject to RCRA within U.S. borders. Hazardous waste imported to the U.S. from Mexico for subsequent shipment to Japan is subject to RCRA requirements the moment that it enters the U.S., including import provisions and export provisions. Used batteries that are sent to a battery manufacturer for regeneration are not subject to the Part 262 export requirements (SUPERSEDED: 261.6(a)(3)(ii) removed, See Part 273 and 60 FR 25535; 5/11/95).
 
01/28/1993REGULATORY STATUS OF HYDRAULIC FLUIDS AND HEAT TRANSFER FLUIDSMemo
 Description: All synthetic oils (including used nonpolymer-based oils such as synthetic hydraulic and transfer fluids) that function similarly to petroleum-based lubricants, oils, and surface agents are considered used oil and are subject to Part 279.
 
12/30/1992APPLICATION OF THE BIF RULE TO HERITAGE ENVIRONMENTAL SERVICES, INC., LEMONT, ILLINOISMemo
 Description: Unused propellant mixture (butane and propane) from aerosol cans is not a solid waste when it is burned for energy recovery because butane and propane are normally used as fuels. Material remaining in a partially used can is off-specification product that is being burned for its intended use. The burning of the mixture is not subject to the BIF regulations under Part 266, Subpart H.
 
12/04/1992DETERMINATION OF EQUIVALENT TREATMENT FOR METAL RECOVERYMemo
 Description: Incineration followed by treatment of the ash is generally required for waste codes for which metals recovery is the specified technology.
 
12/01/1992REBUTTABLE PRESUMPTION FOR USED OILQuestion & Answer
 Description: There is no definition for “significant concentrations” of Appendix VIII constituents in used oil (UO) for the rebuttable presumption. 100 ppm of halogenated solvent compounds is generally significant. If used oil is known to be mixed with listed hazardous waste, the level of halogenated constituents is irrelevant.
 
12/01/1992STATUS OF ELECTRIC ARC FURNACE DUST INCORPORATED INTO GLASS FRITMemo
 Description: Electric arc furnace dust (K061) used as an ingredient in grit for abrasive blasting, roofing granules, or ceramics is not solid waste as long as the dust is not used in a manner constituting disposal. EPA does not generally consider an end use as roofing granules, glass ceramic, and ceramic glaze to be use in a manner constituting disposal.
 
11/27/1992CLARIFICATION OF STATUS OF TREATMENT ASSOCIATED WITH FUEL BLENDING ACTIVITIESMemo
 Description: Treatment associated with hazardous waste fuel blending is subject to regulation. EPA explicitly interpreted the now deleted Section 266.34, to require tank standards to apply to fuel blending tanks. Non-storage activities at fuel blending facilities (e.g., microwave units and distillation columns) may require a treatment permit. All storage of all hazardous waste fuels subject to regulation.
 
11/25/1992QUESTIONS ON FINAL USED OIL RULEMemo
 Description: The toxicity characteristic rule is federally enforceable in every state until it is adopted by the state and EPA approves its authorization. The used oil filter exclusion applies in Arizona on 6/19/92. Discusses the applicability of the used oil regulations in authorized states.
 
11/25/1992REGULATORY STATUS OF RECOVERED PETROLEUM PRODUCTMemo
 Description: Recovered free product that is to be discarded instead of used in its normal manner is a solid waste (SW). Listed wastes and commercial chemical products (CCPs) that are reclaimed are not SW except when they are used as fuels (unless they are themselves fuels) (SEE ALSO: current 261.38). Free product (e.g., gasoline) that is normally used as a fuel and is recovered from the groundwater table after a spill is not a SW when it is reclaimed to make a fuel. Discusses the requirement to document the claim that the material is exempt from SW definition.
 
11/10/1992REGULATORY STATUS OF SPENT PHOTOCONDUCTOR DRUMS FROM PHOTOCOPYING MACHINESMemo
 Description: The generator is responsible for determining the regulatory status of spent photoconductor drums removed from photocopying machines. Spent photoconductor drums taken from photocopying machines meet the definitions of spent material and scrap metal. Spent drums that are recycled qualify for the scrap metal recycling exclusion. Only wastes that qualify as hazardous are subject to the Part 262 export regulations.
 
11/01/1992RECLAIMED COMMERCIAL PRODUCTS: REGULATORY STATUSQuestion & Answer
 Description: Reclaimed creosote is classified as U051 if discarded. Creosote-contaminated soil is regulated as hazardous waste because it contains U051.
 
10/29/1992RECYCLING OF COKE BY-PRODUCT RESIDUESMemo
 Description: The use of open pits, or flat or low-walled concrete pads to store coke by-product residues is land disposal. Therefore, management of wastes in these units is not exempt under 261.4(a)(10). Wastes managed on the ground or in units constructed so that waste spills or is otherwise disposed are not exempt. Tanks, containers, and containment buildings are units that qualify for the recycling exclusion.
 
10/08/1992RECOVERY OF SULFUR AND CHLORIDE FROM SLURRIED BAGHOUSE DUSTMemo
 Description: The desulfurization process to remove sulfur and chloride from slurried baghouse dust is an exempt recycling process. Desulfurization units are either exempt recycling units or wastewater treatment units (WWTUs).
 
09/24/1992USE OF LEAD SHOT AT SHOOTING RANGESMemo
 Description: The firing of ammunition at shooting ranges is not waste disposal. The interpretation applies to expended cartridges and target fragments that fall to the ground during shooting. The cleanup of the site can be required under RCRA 7002 and 7003 when an imminent hazard exists (SEE ALSO: 62 FR 6622; 2/12/97).
 
09/01/1992FILTERS USED TO RECLAIM CFC REFRIGERANTQuestion & Answer
 Description: Fiters from the chlorofluorocarbon (CFC) refrigerant reclamation process do not qualify for Section 261.4(b)(12) exclusion.
 
08/28/1992REGULATORY STATUS OF SOLDER SKIMMINGSMemo
 Description: All solder dross (skimmings) qualify as by-products. Solder dross consists of oxidized skimmings from solder baths.
 
08/26/1992REGULATORY STATUS OF PRINTED CIRCUIT BOARDSMemo
 Description: Unprocessed, spent printed circuit boards qualify for the scrap metal exclusion as generated. Residuals from the processing of spent circuit boards (e.g., shredded pieces, sweeps, ash, fluff, or baghouse dust) may not qualify as scrap metal, but instead may be spent materials, by-products, or sludges (SEE ALSO: 261.4(a)(14) exclusion for shredded circuit boards). Residual waste generated during scrap metal recycling of printed circuit boards may no longer qualify for the scrap metal exemption, but if it contains significant amounts of precious metals, the waste may be eligible for reduced recycling regulations of Part 266, Subpart F (SEE ALSO: 261.4(a)(13) exclusion for processed scrap metal).
 
08/11/1992COMBINED OPERATION OF THE RESOURCE RECOVERY KILNS AND CEMENT KILNS AT GIANT CEMENT COMPANY, HARLEYVILLE, SCMemo
 Description: Generally, when listed hazardous waste is burned in a cement kiln for a purpose other than just energy recovery and the resulting product is placed on the land, the cement product is a solid and hazardous waste subject to 266.20. However, cement produced from burning off-gases in a cement kiln is not a waste-derived product. Cement produced from treated soil that no longer contains hazardous waste is not a waste-derived product. For the purposes of 266.20(b), EPA may test clinker, rather than product (i.e., cement). 268.7(b)(5), (b)(7) paperwork applies to each shipment of waste-derived product sent to a receiving facility. Discusses the guidelines for determining the regulatory status of two or more hazardous waste treatment units in a series. A cement kiln and resource recovery kiln operating in series are regulated as BIFs. Off-gases from resource recovery kilns are regulated under RCRA Subtitle C if they originate from hazardous waste treatment (SEE ALSO: RPC# 7/29/94-01).
 
08/06/1992BANGLADESHI REQUEST FOR INFORMATION ON LEAD AND CADMIUM IN FERTILIZERMemo
 Description: Hazardous waste-derived fertilizer is subject to Part 266, Subpart C. To qualify for 266.20(b), it must be a legitimate product and meet the land disposal restrictions (LDR) treatment standards. K061-derived zinc fertilizers produced for the general public's use are exempt from regulation, including LDR.
 
07/23/1992REGULATORY INTERPRETATION ON RINSEWATER FROM ALUMINUM ANODIZINGMemo
 Description: Rinsewater from aluminum anodizing that is reused as a source of phosphorous in fertilizer manufacture is not a solid waste if it is purer in acid content and no more contaminated than virgin phosphoric acid that would normally be used (SEE ALSO: RPC# 10/31/91-01).
 
07/09/1992REGULATORY STATUS OF COAL TAR DISTILLATESMemo
 Description: Coal tar distillate marketed for fuel use is a co-product.
 
07/08/1992CLARIFICATION OF LANGUAGE IN THE PREAMBLE TO THE FINAL RULE ON USED OILMemo
 Description: Addresses the applicability of state versus federal transportation regulations (e.g., Hazardous Materials Transportation Act) to used oil handlers. Where federal regulations preempt state regulations, state regulations no longer apply.
 
06/24/1992RECYCLING AND PROCESSING OF SPENT AEROSOL CANSMemo
 Description: Whether aerosol can processing constitutes treatment requiring a permit or qualifies as exempt recycling is a determination made by each Region on a case-by-case basis.
 
06/17/1992REGULATORY DETERMINATION FOR SOIL BEING STOCKPILED AT THE SOUTHERN PACIFIC TRANSPORTATION COMPANY (SPTCO)Memo
 Description: Whether the use of soil as landfill liner cover constitutes use in a manner constituting disposal is a site-specific determination that must be made at the Regional level.
 
05/28/1992REGULATORY STATUS OF RECLAIMED SOLVENT FROM USED DRY CLEANING FILTERSMemo
 Description: Crushing spent dry cleaning filters before removing solvents for reclamation is exempt recycling. Storage prior to recycling may require a permit or may be subject to generator regulations of 262.34 or 261.5.
 
05/07/1992WASTE CODE CARRY THROUGH PRINCIPLE AND IMPORT ON LAND DISPOSAL RESTRICTONS (LDR) STANDARDSMemo
 Description: Under a very narrow set of circumstances (including low levels of recoverable metals), the waste code carry through principle (derived-from rule) does not apply to certain wastes that would otherwise be subject to a specified technology treatment standard of metal recovery because of the derived-from rule.
 
05/04/1992EXPORT OF TREATABILITY SAMPLESMemo
 Description: Treatability study samples that are exported qualify for the exemption from export requirements. A foreign lab does not need an EPA ID number. The Basel Convention may prohibit the movement of treatability study samples between Parties and non-Parties. The Organization of Economic Cooperation and Development Counsel Decision applies to transboundary movements of recyclables, not hazardous waste samples destined for treatability studies.
 
05/01/1992LEAD USED AS SHIELDING IN LOW-LEVEL RADIOACTIVE WASTE DISPOSALQuestion & Answer
 Description: Lead and lead-lined containers used to dispose of low level radioactive waste are not solid wastes and are not regulated as mixed waste if their primary use is for shielding in the disposal operations.
 
05/01/1992SECONDARY MATERIALS USED AS EFFECTIVE SUBSTITUTES FOR COMMERCIAL PRODUCTSQuestion & Answer
 Description: Material requiring reclamation prior to use or reuse as an effective substitute for a commercial product is not being directly used or reused, and would not qualify for Section 261.2(e)(1)(ii) exclusion from the definition of solid waste.
 
04/23/1992REGULATORY STATUS OF UNDEPLOYED AUTOMOTIVE AIRBAG INFLATORSMemo
 Description: Undeployed airbag inflators that fail a quality control program are off-specification CCPs and are not solid wastes when they are reclaimed.
 
03/26/1992REGULATORY STATUS OF SOLDER SCRAPMemo
 Description: Scrap solder removed from an electronics assembler’s solder bath due to its contamination level appears to meet the definition of a spent material. Used solder that is sold and directly reused as solder is not a solid waste if it meets Section 261.2(e) criteria.
 
02/04/1992CLASSIFICATION OF INFILTRATION GALLERIES UNDER THE UIC AND RCRA PROGRAMSMemo
 Description: Discusses the distinction between, and definition of, infiltration galleries (IGs) and SDWA underground injection control (UIC) wells for purposes of the April 2, 1991, rule extending the toxicity characteristic (TC) effective date for reinjection of groundwater pursuant to hydrocarbon recovery operations at petroleum refineries and transportation facilities (56 FR 13406). IGs can be UIC wells. IGs are often trenches. Remediation activities using reinjection may be subject to state groundwater protection statutes, SDWA, RCRA, and/or CERCLA authorities.
 
02/01/1992SPECULATIVE ACCUMULATION CALCULATIONQuestion & Answer
 Description: A characteristic sludge is not accumulated speculatively if, by December 31, the owner/operator can show he has recycled 75% of the amount in storage on January 1.The 75% requirement applies to materials of same class being recycled in the same way.
 
01/22/1992EVALUATING PRECOMPLIANCE CERTIFICATIONS FOR BOILERS AND INDUSTRIAL FURNACESMemo
 Description: Provides interpretation of a "complete and accurate" certification of precompliance. Addresses the use of enforcement authorities when evaluating BIF precompliance certification violations. Possible EPA responses include 3007 information requests and notices of violation.
 
12/30/1991PETITION TO DELIST XENIUM FIBERGLASS CORPORATION WASTEMemo
 Description: The delisting process generally takes two years. Addresses minimum delisting petition requirements. A delisting petition is not necessary for waste which is no longer hazardous via the 261.3(a)(2)(iii) exemption for mixtures of solid waste and hazardous waste listed solely for a characteristic that are no longer characteristic (SEE ALSO: 268.3; 66 FR 27266; 5/16/01). The generator is responsible for demonstrating that an exempt mixture remains nonhazardous and for classification as legitimately used, reused, recycled, or reclaimed.
 
12/09/1991SOLDER DROSS GENERATED IN MANUFACTURING PRINTED CIRCUIT BOARDSMemo
 Description: Solder drosses generated from soldering printed circuit boards are by-products, not spent materials, and so are not solid wastes when reclaimed (SEE ALSO: RPC# 8/28/92-01).
 
12/03/1991RCRA APPLICABILITY TO SOLDER DROSS FROM PRINTED CIRCUIT BOARD MANUFACTURINGMemo
 Description: Clarifies that Clay to Stanga (RPC# 11/27/91-01) applied only to solder dross from printed circuit board manufacturing. The status of solder dross from other industries remains as stated in the 1/4/85 Federal Register (50 FR 614), and the 1986 recycling guidance (SEE ALSO: RPC# 8/28/92-01; RPC# 8/26/92-03).
 
12/01/1991RECLAIMED SPENT WOOD PRESERVATIVE EXCLUSION IN 40 CFR 261.4(A)(9)Question & Answer
 Description: Spent wood preserving solutions that are reclaimed are no longer solid wastes and so are not derived from listed wastes F032, F034, or F035 (SEE ALSO: 63 FR 28556; May 26, 1998). Wood treated with the reclaimed preservative is not a hazardous waste when placed on land.
 
11/27/1991RCRA APPLICABILITY TO SOLDER DROSS FROM PRINTED CIRCUIT BOARD MANUFACTURINGMemo
 Description: Until further study is completed, EPA will continue to treat solder drosses generated from soldering printed circuit boards as by-products, rather than spent materials. Characteristic by-products are not solid waste when they are reclaimed (SEE ALSO: RPC# 8/28/92-01).
 
11/12/1991APPLICABILITY OF SPECIAL COLLECTION SYSTEM PROPOSAL TO BATTERIESMemo
 Description: Hazardous waste batteries (battery) generated by households are not subject to regulations. Batteries generated by a CESQG are subject to limited controls. Until EPA develops special management standards for recycling hazardous waste batteries, generators must still determine whether used nickel-cadmium batteries exhibit the toxicity characteristic (SEE ALSO: Part 273).
 
11/04/1991REGION V FUEL-BLENDING FACILITIES CONCERNSMemo
 Description: An unit used to blend or treat hazardous waste to produce a fuel is subject to permitting. BIFs can burn low-Btu waste after conducting emission testing and certifying compliance. Unit processes used to raise Btu value of a hazardous waste (e.g., phase separation, centrifugation) require a permit.
 
10/31/1991PHOSPHORIC RINSE-ACID USED IN FERTILIZER MANUFACTURINGMemo
 Description: Phosphoric acid from aluminum anodizing is not a solid waste when used in fertilizer manufacturing.
 
10/29/1991TCLP EXTRACTIONS APPLIED TO LIQUID WASTES, OILS AND SOLVENT-BASED PRODUCTSMemo
 Description: Provides suggested analytical steps when inconclusive results are obtained from application of the TCLP to solvent and oily wastes. Generators may always apply their knowledge in lieu of testing. TCLP analysis is unnecessary for used oil destined for recycling.
 
10/11/1991MATERIALS USED IN FERTILIZER PRODUCTION MANAGEMENTMemo
 Description: Characteristic baghouse dust from which lead will be recovered before dust is incorporated into a fertilizer is a solid waste at the point of generation because a portion of the sludge will be used in a manner constituting disposal. A legitimate recycling process is exempt from regulation. Hazardous waste-containing fertilizer is exempt if it meets the conditions in Section 266.20(b).
 
10/11/1991MATERIALS USED IN FERTILIZER PRODUCTION MANAGEMENTMemo
 Description: A characteristic sludge used to make fertilizer is a solid waste, even if it is first sent to a facility for lead reclamation. The solid waste determination for a recycled material is made at the point of generation and must account for the entire recycling process. D008 baghouse dust used in fertilizer production is a solid waste used in a manner constituting disposal. Fertilizer produced for the general public's use that meets land disposal restrictions (LDR) treatment standards is no longer subject to regulation.
 
10/11/1991MATERIALS USED IN FERTILIZER PRODUCTION MANAGEMENTMemo
 Description: Characteristic sludge (D008) used to make fertilizer is a solid waste, even if first sent to a facility for lead reclamation. Fertilizer produced for the general public's use that meets land disposal restrictions (LDR) treatment standards is no longer subject to regulation under the use in a manner constituting disposal exemption. Dicusses the history of use constituting disposal regulations. The solid waste determination for a recycled material must be made at the point of generation and must account for the entire recycling process, not only the first step. Addresses the elements of legitimate recycling.
 
10/01/1991APPLICATION OF THE SHAM RECYCLING POLICY TO CERTIFIED BOILERS AND INDUSTRIAL FURNACESQuestion & Answer
 Description: Certified BIFs are not required to prove that the wastes burned have heating value of 5,000 Btu/lb or more. Certification of compliance with air emission standards satisfies the protection of human health and environment requirements.
 
09/26/1991APPLICABILITY OF THE TOXICITY CHARACTERISTIC TO USED OIL FILTERSMemo
 Description: No hazardous waste determination is necessary for oil filters destined for scrap metal recycling (SEE ALSO: 261.4(b)(13)). Crushed and hot drained oil filters are unlikely to exhibit the toxicity characteristic.
 
09/25/1991TC RULE DELAY OF IMPOSITION ON OIL FILTERSMemo
 Description: Data suggests that crushed oil filters may not exhibit the toxicity characteristic. No toxicity characteristic determination is necessary for oil filters destined for recycling (SEE ALSO: Section 261.4(b)(13)).
 
09/23/1991BIF REGULATIONS EFFECTS ON INDUSTRIAL BOILERMemo
 Description: The BIF regulations exempt units burning low hazard waste from many of the emission standards but not from permitting.
 
08/30/1991UNDERGROUND INJECTION WELLS USED IN HYDROCARBON RECOVERYMemo
 Description: Groundwater reinjected through injection wells following hydrocarbon recovery at certain types of facilities is not subject to the toxicity characteristic rule until January 25, 1993. Disccusion of the rationale for extending the compliance date. OSW and the Office of Water should agree on terms of implementation.
 
08/05/1991REGULATORY STATUS OF RESIDUES FROM SECONDARY LEAD SMELTERS THAT RECYCLE K069 WASTES; RESIDUES FROM SECONDARY LEAD SMELTERS THAT RECYCLE K069 WASTESMemo
 Description: EPA did not intend for slags and drosses from secondary lead smelting where K069 is used as a feedstock to be listed K069 via the derived-from rule. Such smelting residues may be hazardous waste if they are characteristic. Discusses the indigenous principle for recycled furnace wastes.
 
08/02/1991CARBON REGENERATION UNITS - REGULATORY STATUSMemo
 Description: Carbon regeneration units regulated under Part 264, Subpart X or Part 265, Subpart P is Thermal Treatment. Discussion of regulatory status of carbon regeneration units in states authorized and unauthorized for February 21, 1991 BIF rule (56 FR 7134) (SEE ALSO: RPC 1/5/98-01).
 
08/01/1991REGULATORY STATUS OF OFF-SPECIFICATION CIRCUIT PRINTING BOARDSQuestion & Answer
 Description: An unused circuit board is a commercial chemical product (CCP) and is not a solid waste when reclaimed. For purposes of Section 261.2 (SEE ALSO: 261.4(a)(14) exclusion for shredded circuit boards), EPA interprets a CCP to include all types of unused CCPs that exhibit characteristics (e.g., circuit boards, batteries (battery)) (SEE ALSO: 45 FR 78541; November 11 1980 for Section 261.33; RPC# 2/23/93-02). Section 261.2(f) documentation may be required.
 
06/21/1991BAGHOUSE DUSTS USED AS, OR TO PRODUCE, AGGREGATEMemo
 Description: Baghouse dust used as a product or reclaimed as an ingredient in a product (e.g., aggregate) placed on the land is a solid waste and is not exempt per 261.2(e). Products reclaimed from K061 that are not placed on the land are no longer wastes. Discusses the indigenous principle (SUPERSEDED: see 266.100) and the elements of legitimate recycling. If it is not legitimate recycling, the kiln is hazardous waste treatment unit.
 
06/21/1991POSITION PAPER ON SPENT ABSORBENT MATERIALSMemo
 Description: CESQGs may dispose of hazardous waste in a sanitary or municipal solid waste landfill as long as the landfill is permitted, licensed, or registered by the state to manage municipal or industrial solid waste (SEE ALSO: 261.5(g)(3)). An absorbent and waste mixture containing a free liquid phase with a flash point less than 140 F is D001. A sorbent and waste mixture with no free liquid is D001 only if it qualifies as an ignitable solid. DOT hazard classes do not correspond directly to RCRA characteristics. The deliberate mixing of hazardous waste and absorbents to render waste nonhazardous may be treatment subject to permitting (SEE ALSO: 264.1(g)(10)) and 268.3). If an absorbent is mixed with waste that is listed solely for exhibiting a characteristic, the mixture is not hazardous waste if it does not exhibit the characteristic (SEE ALSO: 66 FR 27266; 5/16/01). A mixture of absorbent and used oil is subject to Part 266, Subpart E (SUPERSEDED: See Part 279) if destined for energy recovery.
 
06/21/1991SOLDER SKIMMINGS REGULATORY INTERPRETATIONMemo
 Description: Discusses by-products v. spent materials. Solder skimmings "drosses" are classified either as by-products or spent materials depending on how they are generated. Characteristic by-products are not solid waste when reclaimed. Generally, dross generated from solder production is a by-product, and dross from using solder is spent material. EPA studying the issue further (SUPERSEDED: See RPC# 8/28/92-01).
 
06/20/1991USE OF PETROLEUM-CONTAMINATED SOILS AS AN INGREDIENT IN ASPHALT BATCHINGMemo
 Description: Soil contaminated with listed or characteristic crude oil used in asphalt batching is a solid waste since it is used in manner constituting disposal, unless the crude oil or CCP is a normal ingredient in asphalt batching, or until it meets terms of 266.20(b). Soil may be exempt under 261.4(b)(10). Contaminated soils used in asphalt batching that contain hazardous constituents in significantly higher concentrations than that of analogous raw materials may be considered sham recycling. Includes criteria for evaluating whether a waste is legitimately being recycled.
 
06/19/1991SURROGATE RECOVERYMemo
 Description: Testing surrogate recovery is used to demonstrate correct sample preparation and absence of matrix effects in test method. The omission of surrogates in analysis in which they are called for is a deviation. The absence of surrogate data does not in itself invalidate an analysis.
 
06/14/1991REGULATORY STATUS OF PETROLEUM-WATER MIXTURESMemo
 Description: A mixture of a petroleum fuel product and water is an off-specification CCP and not a solid waste when destined for reclamation. If the mixture is a result of intentional mixing or purposeful nonseparation of product and hazardous wastewater to avoid regulation, the mixture may be solid waste.
 
06/13/1991TCLP EXTRACTIONS AS THEY APPLY TO OILY WASTEMemo
 Description: The Agency does not recommend applying the TCLP test to oily waste. If oily waste is used oil, characterization is unnecessary if going for recycling (SEE ALSO: Part 279). If the TCLP is inconclusive on oily wastes, the generators may use knowledge.
 
06/06/1991INDUSTRIAL FURNACE WHICH CEASES BURNING STATUS UNDER BIF REGULATIONMemo
 Description: If an industrial furnace ceases making product or halts industrial activity and burns hazardous waste for destruction, the unit is no longer a cement kiln, and must obtain Subpart O incinerator permit.
 
06/05/1991TWO WASTE OIL MANAGEMENT PRACTICES REGULATORY STATUSMemo
 Description: Used oil (UO) applied/sprayed as a coal dust suppressant before burning coal as a fuel may be legitimate recycling depending on the amount used and the constituents in the UO. A UO and coal mixture is subject to the Part 266, Subpart E (SUPERSEDED: see Part 279) UO burning requirements. Characteristic UO used as a substitute ingredient for diesel in an ammonium nitrate fuel oil (ANFO) explosive may not be legitimate recycling. If UO is not a legitimate ingredient, mixing it with ammonium nitrate is treatment, and the mixture, when exploded, may be subject to the open burning/open detonation regulations of 265.382. Addresses RCRA/ Mine Safety and Health Administration (MSHA) interface. There is an overlap between EPA and MSHA, but neither agency’s jurisdiction supersedes the other’s.
 
05/30/1991NICKEL-CADMIUM BATTERIES RECYCLINGMemo
 Description: Provides a general discussion of the regulation of nickel-cadmium (NiCad, NiCd) batteries and state legislation requiring manufacturers to take back spent batteries (take-back programs) (SEE ALSO: Part 273).
 
05/29/1991ELECTROPLATING WASTESMemo
 Description: Anode bags are spent materials when removed from electroplating bath for reclamation. Spent anode bags are both reactive (D003) and F007. Bags can be washed in an accumulation tank/container without a permit under Section 262.34. Filter media, and residue from the apparatus used to filter cyanide plating bath are D003 (reactive) and F008, but not F007. A cleaning bath that does not contain cyanides is not F009.
 
05/16/1991RETURNED PHARMACEUTICAL PRODUCTSMemo
 Description: Unused pharmaceuticals returned to the manufacturer (reverse distribution system) are not yet discarded because the decision has not been made whether they are to be reused, reclaimed, or appropriately disposed (point of generation). Returned products are not solid waste until the decision has been made to discard them.
 
05/01/1991REGULATION OF MUNICIPAL WASTE COMBUSTION (MWC) ASHQuestion & Answer
 Description: The Clean Air Act Amendments of 1990 established a two-year exemption for characteristic combustion ash from municipal waste incinerators. The two-year moratorium covered fly and/or bottom ash from both energy recovery and municipal incinerators (SUPERSEDED: October 1, 1994, MRQ, “Status of Municipal Waste Combustion (MWC) Ash”; 59 FR 29372; June 7, 1994; 60 FR 6666; February 3, 1995, and RPC# 3/22/95-01).
 
04/23/1991BURNING COMPRESSOR OIL WITH AMMONIA IN SPACE HEATERSMemo
 Description: Used compressor oil containing ammonia can be burned in a space heater provided the three conditions of 266.41 are met (SUPERSEDED: See 279.23).
 
04/23/1991BURNING USED OIL GENERATED BY PRIVATE BOAT OWNERS ON-SITEMemo
 Description: Off-specification used oil generated by a private boat owners can be burned in a space heater provided the three conditions of Section 266.41 are met (SUPERSEDED: see Section 279.23).
 
04/23/1991LAND DISPOSAL RESTRICTIONS APPLIED TO EXPORTED WASTESMemo
 Description: The land disposal restrictions (LDR) apply to exported hazardous waste (HW), including notification, certification, and demonstration under 268.7(a). The treatment standards need not be met prior to disposal in another country. The regulatory status of a secondary material to be reclaimed depends on the type of material and if it is a characteristic or listed HW.
 
04/02/1991CLARIFICATION OF THE APPLICABILITY OF THE OIL AND GAS EXCLUSION TO CRUDE OIL RECLAIMER WASTESMemo
 Description: Wastes derived from the treatment of exempt wastes are generally exempt. If tank bottoms are created during primary field operations, wastes from the recovery of oil from the tank bottoms are exempt. Solvent wastes from cleaning tank trucks associated with oil and gas exploration and production activities are not exempt (SEE ALSO: 58 FR 15284; 3/22/93).
 
03/29/1991SHAM INCINERATION AND TREATMENT OF K048-K052 WASTES IN CEMENT KILNS AND INDUSTRIAL FURNACESMemo
 Description: Oil cannot be added to a K048-K052 treatment cake to increase fuel value above sham recycling threshold unless the oil is originally part of waste (SUPERSEDED: see RPC# 11/8/94-01; Section 266.100). All wastes derived from listed wastes are subject to land disposal requirements (LDR) except for certain Bevill residues.
 
03/25/1991DILUTION OF TEST SAMPLINGMemo
 Description: TCLP is difficult to use on wastes such as oils and neat solvents because dilution step shifts detection limits are above the toxicity characteristic levels. A generator should apply knowledge in such cases. If no information is available, it would be prudent to handle it as hazardous waste (SEE ALSO: RPC# 8/14/90-01). There is no need to run TCLP on used oil that will be recycled.
 
03/19/1991REGULATORY STATUS OF ELEMENTAL MERCURY RECYCLINGMemo
 Description: Used mercury that is 99% pure is considered product rather than solid waste because it is pure enough to require only minor refining, rather than substantial reclamation, in order to be usable.
 
03/19/1991SOLDER DROSS FROM SKIMMING MOLTEN SOLDER BATHS - REGULATORY STATUSMemo
 Description: Addresses by-product v. spent material (solder dross skimmings). Provides a description of how "drosses" are typically generated. Solder skimmings are spent material and are not exempt characteristic by-products going for reclamation (SUPERSEDED: see RPC# 8/28/92-01).
 
03/04/1991USED BATTERIES RETURNED FOR REGENERATION EXEMPTIONMemo
 Description: EPA draws a clear distinction between regeneration (processing to remove contaminants to restore product) and material recovery (processing to recover material as an end product). Batteries sent for smelting are not exempt under 261.6(a)(3) (smelting is not regeneration) (SUPERSEDED: 261.6(a)(3)(ii) removed, See Part 273 and 60 FR 25535; 5/11/95). Discuses the rationale for the spent lead-acid battery rule.
 
02/15/1991HAZARDOUS WASTEWATERS USED AS QUENCHWATER IN CEMENT PRODUCTIONMemo
 Description: The use of hazardous wastewater as an ingredient (quenchwater and slurry water) in cement production may be a regulated treatment and not exempt recycling. The determination of sham v. legitimate use is based on whether the hazardous constituents in the wastewater are necessary for the production process.
 
02/13/1991HAZARDOUS WASTE DETERMINATIONS FOR NICKEL-CADMIUM BATTERIESMemo
 Description: Unused batteries are CCPs and are not solid waste when destined for reclamation. Used batteries are spent materials and are solid waste when destined for reclamation. Used batteries that are partially reclaimed but need further reclamation are generally solid waste. A variance may be used to show that partially reclaimed used batteries are not solid waste (SEE ALSO: Part 273).
 
02/05/1991EXPORT OF HAZARDOUS WASTES UTILIZED FOR PRECIOUS METALS RECLAMATIONMemo
 Description: Part 266, Subpart F precious metals that are exported for reclamation are also subject to Part 262 export requirements. The export requirements apply to wastes that require a manifest.
 
02/05/1991GENERATOR HAZARDOUS WASTE DETERMINATION AND THE TCLPMemo
 Description: Clarifies a letter (RPC# 11/8/90-04). A generator may always apply knowledge in determining if a waste is hazardous waste. If no information is available except for inconclusive TCLP data, it is prudent for the generator to assume that the waste is hazardous. There is no need to perform TCLP on used oil that is destined for recycling.
 
02/04/1991BURNING HAZARDOUS WASTE IN BOILERS AND INDUSTRIAL FURNACES (BIFS)Memo
 Description: The standards for BIFs are essentially equivalent to the proposed amendments for incinerators. The BIF regulations include performance standards for destruction and removal efficiency (DRE) of organics, hydrogen chloride, particulates, products of incomplete combustion (PIC), metals, and free chlorine. Existing BIFs must meet substantive standards to keep interim status pending permit. BIFs are subject to full permitting. Residues in general are subject to full regulations, some residues are exempt under RCRA Section 3001(b)(3)(A) (SEE ALSO Section 266.112).
 
01/08/1991REGULATION OF OILY HAZARDOUS PETROLEUM REFINERY WASTEMemo
 Description: Fuel produced (and oil reclaimed and used as fuel) from petroleum refining, production, and transportation by processes other than normal refining operations, is eligible for the 261.6(a)(3) exemptions (SEE ALSO: 261.4(a)(12)). Provides a clarification of the petroleum refining process. Certain fuels produced from petroleum refinery wastes that are otherwise exempt under 261.6(a)(3) are hazardous waste and must be burned in BIFs or incinerators if they do not meet the used oil fuel specifications of 266.40(e) (SUPERSEDED: See 279.11).
 
12/21/1990K-WASTE FILTER CAKE IN THE MANUFACTURE OF CEMENTMemo
 Description: K048-K052 filter cake that is used as an ingredient in cement is a solid waste and hazardous waste because it is used to produce a product that is applied to the land. Addresses legitimate recycling (sham recycling) elements. If a waste contains hazardous constituents not found in the raw material, it is not legitimate recycling unless the constituents make the waste function better than the raw material in the manufacturing process.
 
12/20/1990THIRD THIRD LAND DISPOSAL RESTRICTIONS FINAL RULEMemo
 Description: Lab packs going for incineration can be packed in fiber drums, not just metal drums. Discusses the definition of inorganic solid debris. Empty containers may be hazardous if characteristic. A treatment facility must support the determination that waste meets the treatment standard with analytical data. Piped transfers from a recycling facility to an off-site TSDF is subject to land disposal restrictions (LDR) notification (SEE ALSO: 62 FR 25997; May 12, 1997).
 
12/05/1990SOLDER SKIMMINGS AND THE DEFINITION OF SCRAP METALMemo
 Description: Solder skimmings are by-products, not scrap metal. Solder skimmings are more closely identified with the drosses than the turnings (SEE ALSO: 261.4(a)(13) exclusion for processed scrap metal). Characteristic by-products are not solid waste when reclaimed (SEE ALSO: see RPC# 8/28/92-01).
 
11/30/1990USED OIL DEFINITION APPLICABILITY TO OPEN-GEAR LUBRICANT "GEARITE"Memo
 Description: Open-gear lubricant (Gearite) is considered used oil.
 
11/28/1990LABORATORIES, RCRA REGULATION IMPACTMemo
 Description: Surplus chemicals that are intact and unused are classified as commercial chemical products (CCPs), and are not solid wastes until a decision is made to discard them. CCPs are not solid wastes when accumulated speculatively.
 
11/08/1990BIAS CORRECTION APPLIED TO THE TCLPMemo
 Description: Whenever the TCLP is used, all the requirements in the procedure must be met. All results should be corrected for bias, even if below standard. Spike matrix recovery is a bias correction tool (SEE ALSO: 57 FR 26986; November 24, 1992). Data collected before September 25, 1990 need not be corrected for bias per toxicity characteristic rule. The owner/operation may be held liable for the proper disposal of improperly characterized waste.
 
11/01/1990QC REVIEW OF PERMIT DATAMemo
 Description: A matrix spike assists in ascertaining and correcting co-extracted artifacts (analytical bias) and tests laboratory conditions. Discusses performance of matrix spike recovery for TCLP analytes (SEE ALSO: 57 FR 26986; November 24, 1992).
 
10/30/1990TRANSFER FACILITY REGULATION INTERPRETATIONMemo
 Description: A transportation company has one ID number. All company trucks are assigned the same number. Transporters may consolidate hazardous waste (HW) shipments at a transfer facility. They must indicate the new composition and re-manifest the waste to the original designated facility. A TSDF can be a transfer facility if it is not already the designated facility. Waste is in the custody of the last transporter that signed the manifest until the designated facility or the next transporter signs it. Transfer facilities are subject to HW discharge requirements. Burners and marketers must notify EPA of HW fuel activities, even if they already have ID numbers (SUPERSEDED: see Part 266, Subpart H).
 
10/30/1990USED OIL FILTERS - REGULATION; USED OIL FILTERS, REGULATORY DETERMINATIONMemo
 Description: Crushing a filter to remove used oil (UO) is exempt if the removed UO is recycled (SUPERSEDED: see 261.6(a)(4) and 279.10(c)). Generally, used auto oil filters are not containers because they are not storing oil. Filters are not empty containers. A filter with UO removed is exempt scrap metal if it is recycled. Undrained, uncrushed filters have too much oil for the scrap metal exemption (SEE ALSO: 261.4(b)(13)). TCLP is performed on UO filters by crushing, cutting, or grinding filters and their contents until the pieces are smaller than one cm in the narrowest dimension. A characteristic UO filter that is sent for disposal is subject to regulation (SUPERSEDED: see 261.4(b)(13)).
 
10/18/1990USED REFRIGERANTS UNDER 40 CFR 261.2Memo
 Description: Variances from the definition of solid waste (SW) are evaluated on a case-by-case basis. Most used refrigerants being reclaimed do not qualify for a variance from the definition of SW (SUPERSEDED: see 261.4(b)(12)). Reclamation can include filtration to reinsertion into a refrigerant manufacturing unit (SUPERSEDED: see 261.4(b)(12)). Used refrigerants are spent materials, not CCPs or by-products, and are SW if reclaimed. The spent material definition carries a plain language meaning. Used refrigerant that is directly reused as a refrigerant is the continued use of a product and is not SW.
 
10/03/1990LAND DISPOSAL OF UNTREATED HAZARDOUS WASTEMemo
 Description: The processing of a no migration petitions takes 12-18 months. The national lack of capacity for treatment, recovery, or disposal may allow a case by case extension to the land disposal restrictions (LDR) effective date. EPA proposal to grant a no migration or treatability variance that can be used to satisfy the case by case extension criteria.
 
10/01/1990TC RULE - IMPLEMENTATIONMemo
 Description: Discusses the potential impact of the toxicity characteristic final rule on reinjection of petroleum-contaminated groundwater, solvent-contaminated chlorofluorocarbons (CFCs), automobile and appliance fluff, oil-contaminated media, and off-site crude oil reclaimers.
 
09/20/1990PETROLEUM REFINING WASTES AND EXEMPTIONS FOR WWTUSMemo
 Description: INCOMPLETE VERSION IN RCRAONLINE - A tank treating or storing wastewater or a wastewater treatment sludge can be a wastewater treatment unit (WWTU). A tank treating off-site hazardous waste (HW) can be a WWTU if the facility is designated to accept manifested HW. Only tanks and ancillary equipment can be WWTUs. Tank bottoms from fuel storage are CCPs and are not solid waste (SW) when used in fuel. Tank bottoms from refining process units are by-products and are SW when used in fuels. A refinery by-product used in a lubricant is a SW if it is listed (SEE ALSO: 261.4(a)(12) and 261.6(a)(3)).
 
09/20/1990SQG COMPLIANCE WITH TC RULEMemo
 Description: A fuel oil leak from a household tank is exempt household hazardous waste (HHW). EPA does not determine if a particular waste is characteristic. The hazardous waste determination is the generator’s responsibility. SQGs that are newly subject due to the toxicity characteristic (TC) rule had until 11/2/90 to notify the region. SQGs were granted an additional three months to comply with the TC Rule. Spilled petroleum products that are reclaimed from contaminated soil and used to produce fuels are not solid wastes.
 
08/23/1990TREATMENT STANDARDS AND THE BEVILLE EXCLUSIONMemo
 Description: Waste with technology land disposal restrictions (LDR) treatment standard must be treated to that standard. If the method is incineration (INCIN), the waste must be treated in an incinerator subject to Part 264 Subpart O or Part 265 Subpart O. Restricted wastes sent to a Bevill device or a BIF is still subject to LDR notification. Discusses a proposal to determine if resides from the co-processing of Bevill raw materials and hazardous waste remain excluded (SUPERSEDED: see Section 266.100).
 
08/14/1990TCLP APPLICABILITYMemo
 Description: The use of TCLP to evaluate solid waste prior to the effective date of TCLP is valid. Addresses the use of matrix spike recovery. TCLP is difficult to apply to oily or solvent matrices. In the absence of usable data, it is safest to assume the material is a hazardous waste (SEE ALSO: RPC# 3/25/91-01).
 
08/13/1990USED OIL AS A DUST SUPPRESSANTMemo
 Description: Discusses the restrictions on the use of used oil (UO) as a dust suppressant (SUPERSEDED: see 279.12(b)). Toxicity characteristic used oil must not be used as a dust suppressant (SEE ALSO: 279.82).
 
08/01/1990DEFINITION OF A USED OIL MARKETERQuestion & Answer
 Description: A used oil (UO) generator who markets UO to a blender who blends it at one site and burns it at another is not a marketer. A blender who sends UO off-site to a burner is a marketer, even if the blender and the burner are owned by the same company (SUPERSEDED: See Section 279.1).
 
08/01/1990TANK TREATMENT SYSTEM OF METAL-RICH RINSEWATERSMemo
 Description: Generators using AMUSON recycling should not count waste that is not stored prior to placement in the treatment tank. The treatment tank may not be regulated if it is a CESQG or a generator accumulation unit. Treated wastewater is generally not a reclaimed product. In certain cases, treated wastewater that is legitimately reused is considered reclaimed and is not a solid waste.
 
07/16/1990PHOTOGRAPHIC FIXER RECYCLINGMemo
 Description: Precious metal reclamation (silver) from used photographic fixer is subject to Part 266, Subpart F. Used fixer removed for processing due to contamination is spent material. Used fixer sold for further use is not spent material, but continued use of a product. Electrolytic treatment filtration and fixer solution fortifying is reclamation. Used fixer that is spent for a customer's purposes is a solid waste when reclaimed, even though could be used by another person.
 
06/27/1990ACCIDENTAL OMISSION OF 40 CFR 266.80(B)(3) AND (B)(4)Memo
 Description: Section 266.80(b)(3) and (b)(4) were accidentally omitted from the CFR. The regulations read correctly as of 7/1/92 CFR.
 
06/27/1990SECONDARY MATERIALS RECYCLED IN PHOSPHORIC ACID RECIRCULATING SYSTEMSMemo
 Description: Corrosive (D002), low-volume secondary materials (e.g., precipitates and spilled materials) that are recycled in a phosphoric acid plant’s recirculating water systems may cause entire system to be regulated if there is continued circulation of corrosive secondary materials.
 
06/13/1990USED OIL AND IDENTIFICATION OF LISTED HAZARDOUS WASTEMemo
 Description: F001-F005 "before use" is before use at the facility, not when purchased. If pure solvent was purchased, diluted below 10% concentration, and used as solvent, the waste is not F001-F005. Solvent before use has any amount F003 and 10% total F001, F002, F004, or F005, waste F003 and other applicable F001-F005 listings. The K list applies only to wastes from industrial sources in the listing description. In general, the primary SIC code for a facility does not dictate if the facility is within the K-list category. A commercially pure /technical grade undefined for the P- and U-lists. It can include purity grades marketed or in general use by industry. Part 266, Subpart E (SUPERSEDED: see Part 279) applied to used oil (UO) not mixed with listed hazardous waste burned for energy recovery. Characteristic UO recycled in manner other than burning for energy recovery is not subject to RCRA (SUPERSEDED: see Part 279).
 
05/30/1990IRON AND STEEL SLAGS, REGULATORY STATUSMemo
 Description: Iron and steel slags is exempt from RCRA regulation under the Bevill mining and mineral processing exclusion even when used in a manner constituting disposal (SEE ALSO: Section 266.20(c); 59 FR 67256; December 29, 1994).
 
05/23/1990NICKLE/CADMIUM BATTERIES, REGULATORY STATUSMemo
 Description: There is an exemption for a battery (batteries) returned for regeneration, not spent nickel-cadmium battery export for reclamation (SUPERSEDED: see 60 FR 25535; 5/11/95). Draining is not regeneration. A battery does not have to be contaminated to be a spent material. If it is unknown if a battery reusable, generator may consider spent. Generator determines if spent. Must document claims per 261.2(f) (SEE ALSO: Part 273).
 
05/01/1990GROUNDWATER “CONTAINED IN” POLICYQuestion & Answer
 Description: Because groundwater, and other environmental media are not solid wastes, the mixture rule does not apply. Media are identified as hazardous via contained-in policy. Units storing contaminated groundwater are regulated unless exempt recycling units. Recycling of contaminated groundwater may be legitimate.
 
05/01/1990HAZARDOUS WASTE IDENTIFICATIONQuestion & Answer
 Description: Mercury spilled from a used thermometer is a spent material and is a solid waste when reclaimed. Mercury-contaminated soil is a hazardous waste if it exhibits a characteristic. P-list and U-list designation for spill residues applies to a unused CCP, not used mercury.
 
05/01/1990REGULATION OF NICKEL/CADMIUM BATTERIES AS SCRAP METAL WHEN RECLAIMEDQuestion & Answer
 Description: A used nickel/cadmium battery (batteries) is a spent material. Once separated out, metal plates may be exempt scrap metal if recycled. If metal plates are removed and mixed with non-scrap metal, the plates lose their scrap metal designation (SEE ALSO: Part 273).
 
03/29/1990INCINERATOR RESIDUES FROM TRIAL BURNMemo
 Description: The residues from an incinerator trial burn that uses carbon tetrachloride and chlorobenzene are U211 and U037. Using a material for an incinerator trial burn is intent to dispose.
 
03/29/1990MUNICIPAL WASTE COMBUSTION ASHMemo
 Description: Municipal combustion ash exhibiting a characteristic of hazardous waste would be subject to Subtitle C regulation. Ash generated by energy recovery facilities are not specifically exempt from Subtitle C regulation (SEE ALSO: 3/22/95-01; 59 FR 29372; June 7, 1994, 60 FR 6666; February 3, 1995 and 10/1/94-02).
 
03/01/1990BULKING OR CONTAINERIZING COMPATIBLE HAZARDOUS WASTES FOR TRANSPORTATIONMemo
 Description: Bulking or consolidating hazardous waste (HW) shipments for transport may not be treatment. Mixing different HW for fuel is blending subject to permit. The state or Region decides if it is treatment. Fuel blending is not defined. Discussion of blending versus bulking. Non-generator blending tanks need a permit. Blenders must ensure significant heating value (SUPERSEDED: See RPC# 11/8/94-01).
 
03/01/1990CLARIFICATION OF BY-PRODUCT VERSUS SCRAP METALQuestion & Answer
 Description: When reclaimed, unused off-specification printed circuit boards are commercial chemical products. Used circuit boards are spent materials, and circuit board trimmings are byproducts (SEE ALSO: Section 261.4(a)(14) for the exclusion for shredded circuit boards). Discusses the significant metal content (50%) criterion for scrap metal (SUPERSEDED: See RPC# 8/26/92-03).
 
03/01/1990CLARIFICATION OF BY-PRODUCT VS. SCRAP METALQuestion & Answer
 Description: When reclaimed, unused off-specification printed circuit boards are commercial chemical products. Used circuit boards are spent materials, and circuit board trimmings are byproducts (SEE ALSO: 261.4(a)(14) for the exclusion for shredded circuit boards). Discusses the significant metal content (50%) criterion for scrap metal (SUPERSEDED: See RPC# 8/26/92-03).
 
03/01/1990USED OIL USED FOR DUST SUPPRESSION OR ROAD TREATMENTQuestion & Answer
 Description: Used oil that exhibits the toxicity characteristic is prohibited from placement on the land for dust suppression or road treatment. The use of used oil for dust suppression or road treatment is use in a manner constituting disposal (SEE ALSO: 279.82).
 
03/01/1990USED OIL USED FOR DUST SUPPRESSION OR ROAD TREATMENTQuestion & Answer
 Description: Used oil that exhibits the toxicity characteristic is prohibited from placement on the land for dust suppression or road treatment. The use of used oil for dust suppression or road treatment is use in a manner constituting disposal (SEE ALSO: Section 279.82).
 
02/27/1990REGULATION OF DISPOSABLE DENTAL INSTRUMENT TRAYS AS MEDICAL WASTEMemo
 Description: Disposable dental instrument trays could be regulated medical waste if contaminated with blood or isolation wastes. If the trays are recycled into a new product, they may be exempt at the point of recycling. Generators of regulated medical waste to be recycled must track the items to the recycling facility (SUPERSEDED: see 60 FR 33912; 6/29/95).
 
02/14/1990END-USERS OF CHLORDIMEFORM EXEMPTIONMemo
 Description: Chlordimeform not listed, but may be ignitable (D001). Not subject to regulation if returned to the manufacturer for resale or reclamation. If there is a valid market, continued use as product is not solid waste (SW). The burden of proof is on the party making the claim. Canceled pesticides are SW if discarded (abandoned), intended for discard, or fuel.
 
02/13/1990RECYCLING OF K061 AS AN INGREDIENT IN CEMENTMemo
 Description: Discussion of the legitimacy of K061 as an exempt ingredient claim. K061 in cement is not exempt for reuse because it is used in manner constituting disposal. Discussion of a sham determination. K061 cement must meet land disposal restrictions (LDR) for high zinc treatment standard metal recovery and cannot be land disposed (SUPERSEDED: see 268.40). The land application presumption is rebuttable.
 
12/20/1989RECYCLABLE MATERIALS WHERE PRECIOUS METALS ARE RECLAIMEDMemo
 Description: Recyclable materials such as precious metals that are subject to Part 266 are also subject to the 268.7 land disposal restrictions (LDR) notification, certification and demonstrations unless specifically exempted from Part 268 in Part 261 or Part 268. Recyclable materials listed in 261.6(a)(3) are exempt from Part 268 LDR paperwork requirements.
 
11/17/1989RECYCLING OF LEAD-ACID BATTERIESMemo
 Description: Restricted wastes, like lead-acid batteries, may be stored on the land in tanks or containers (i.e., land disposed) without meeting treatment standards if done solely to accumulate as necessary to facilitate proper recovery, treatment, or disposal. Storage must comply with all storage standards, such as secondary containment. the Battery shell (casing/housing) is the container (SEE ALSO: Part 273).
 
11/03/1989BLAST SLAG TESTING PROCEDURESMemo
 Description: Discusses representative sampling for blast slag generated at lead recycling facilities for purposes of extraction procedure (EP) (SUPERSEDED: see Section 261.24).
 
10/19/1989SPENT LEAD-ACID BATTERIES MANAGEMENTMemo
 Description: Speculative accumulation is not applicable to lead-acid batteries (battery) that are reclaimed or any other material already defined as solid waste. Persons who store but do not reclaim batteries are not subject to regulation (SEE ALSO: Part 273).
 
10/17/1989BURNING OF USED OILMemo
 Description: A used oil burner does not need a permit. Off-specification used oil burned in a space heaters must be from household Do-It-Yourselfers (DIYs), or be generated by an used oil burner. Off-specification used oil must be burned in space heater, industrial boiler, or industrial furnace. There are no restrictions on burning on-specification used oil.
 
10/04/1989RECOVERY KILN AS AN INDUSTRIAL FURNACEMemo
 Description: Controlled flame combustion units that are not boilers, and are not on the list of industrial furnaces, are incinerators (SEE ALSO: 56 FR 7134; February 21, 1991). A “recovery kiln” for contaminated soils is an incinerator.
 
09/14/1989STATUS OF SOLID WASTE EXPORT GATHERINGMemo
 Description: Discussion of EPA estimates of quantities of solid waste exported for disposal or recycling.
 
09/12/1989EXCLUSIONS FOR K-WASTES DENIED (LACLEDE STEEL)Memo
 Description: Iron sulfate by-product reclaimed from K062 that is used as an effective substitute for a CCP becomes an unregulated product unless it is to be used on the land. If it is used in a manner constituting disposal, it must meet the land disposal restrictions (LDR) treatment standards prior to placement on the land. K062 that is reclaimed is not eligible for the 261.4(a)(7) exclusion because this activity does not involve the production of virgin sulfuric acid. K062 that is being reclaimed before reuse is not eligible for the 261.2(e) exclusion from the definition of solid waste. Closed-loop recycling only applies to wastes that are piped, not trucked. Secondary materials stored in a closed-loop system are not solid wastes, however, wastes from the management of these secondary materials are solid wastes and are subject to Subtitle C. Non-product residues derived from K062 reclamation are still K062.
 
08/23/1989REGULATORY STATUS OF F006 RECLAMATION PROCESSMemo
 Description: In order for slag residue derived from the processing of F006 and destined for use as an aggregate substitute to qualify as legitimately recycled, slag must be analogous to the normal feedstock it is replacing. The technical feasibility of using slag as substitute for aggregate does not mean slag recycling is legitimate. The state or Region determines the legitimacy of recycling on a site-specific basis. Persons claiming materials being recycled are not solid wastes must be able to document that there is a known (not potential) market for the recycled material. Discussion of sham recycling of F006 electroplating sludges. Slag derived from the treatment of F006 is also F006 in the absence of any exemptions.
 
08/02/1989SATELLITE ACCUMULATION PROVISION, CLARIFICATIONMemo
 Description: The 55-gallon limit applies to the total of all non-acutely hazardous waste in a satellite accumulation area. There is no limit on total number of satellite accumulation areas at a facility. There is no specific size of containers required for satellite accumulation.
 
07/31/1989OFF-SPECIFICATION JET FUELS, RECYCLING OF UNUSEDMemo
 Description: The reprocessing off-specification jet fuel to make new fuel product is reclamation rather than use or reuse as ingredient in industrial process. Off-specification jet fuel to be made into new fuel product is a CCP being reclaimed for its intended purpose and is not a solid waste.
 
07/20/1989REGULATORY STATUS OF SOLDER SKIMMINGS THAT ARE RECLAIMEDMemo
 Description: Solder skimmings are by-products, not scrap metal. The regulatory definition of scrap metal is not based on the value of the material or the process by which it is reclaimed, but rather on the material's physical appearance and previous use (SEE ALSO: 261.4(a)(13) exclusion for processed scrap metal). Characteristic by-products sent for reclamation are not solid wastes.
 
06/30/1989DENTAL AMALGAM DISPOSALMemo
 Description: Dental amalgam is not specifically listed, so the generator is responsible for determining the applicability of hazardous waste characteristics. Silver and mercury are of particular concern. EPA has no plan to develop specific rules regarding the recycling of dental amalgam.
 
06/26/1989MIXED WASTE REGULATION - RCRA REQUIREMENTS VS. NRC REQUIREMENTSMemo
 Description: Activities that do not require a permit include: recycling, resource recovery, totally enclosed treatment, and treatment in a generator’s accumulation tank. EPA is not planning to modify storage rules to allow generators to hold radioactive mixed waste on-site for radionuclide decay beyond 90 days without a permit (SEE ALSO: 64 FR 63464; November 12, 1999). EPA and the Nuclear Regulatory Commission (NRC) are developing guidance to integrate regulations on radioactive mixed waste storage. EPA and the NRC agree on dual manifesting of mixed waste. Hazardous waste can be shipped to a designated facility in a state that does not regulate that waste as hazardous. EPA does not require a transporters to obtain permits, but States may do so. States may list used oil as hazardous waste.
 
06/15/1989SECONDARY MATERIAL SUBJECTED TO NOTICE REQUIREMENTS UNDER THE US-CANADIAN BILATERAL TREATYMemo
 Description: Spent abrasives from sandblasting used as an ingredient in Portland cement are solid wastes because they are used to produce a product that "will be, or is likely to be, placed on the land," and are subject to hazardous waste regulation if characteristic, including manifesting and export notification.
 
06/06/1989RECLAIMING PRECIOUS METALS FROM DISCARDED AUTOMOTIVE AND ELECTRONIC DEVICESMemo
 Description: Discarded automotive parts and electronic devices that meet the definition of scrap metal are exempt from RCRA Subtitle C regulation when sent for reclamation. Circuit boards with relatively small amounts of metal are not scrap metal (SUPERSEDED: See RPC# 8/26/92-03) (SEE ALSO: 261.4(a)(14) exclusion for shredded circuit boards). These materials may be spent materials if not scrap metal.
 
05/15/1989USED OIL BURNED FOR ENERGY RECOVERY, INTERPRETATION OF SUBPART EMemo
 Description: The rebuttable presumption is not limited to the generator of used oil (UO). Any person in possession of UO containing greater than 1000 ppm total halogens must be able to rebut the presumption. If UO failing the presumption is sprayed on (mixed with) coal, then the coal/oil mixture is a hazardous waste fuel that is subject to 266 Subpart D (SUPERSEDED: See 266 Subpart H), even if it has less than 1000 ppm total halogens after mixing. The 1000 ppm limit is not a health-based characteristic, but rather is based on mixing data.
 
05/03/1989INCINERATOR RESIDUES/RECYCLING DEFINED/ACCUMULATIONMemo
 Description: Soft hammer certifications are required when waste or residues are land disposed. An incineration facility must perform an analysis of residues. A waste sent for recycling is subject to land disposal restrictions (LDR) notification. Facilities storing waste to accumulate sufficient quantities are still subject to all other regulatory requirements.
 
05/03/1989RECYCLING ACTIVITIESMemo
 Description: An owner of the solvent and the recycler are cogenerators of the residue that is generated from the mobile recycling unit. Generators are generally only required to notify once. If the recycler takes on generator responsibilities, he needs an EPA ID number for that particular site. The mobile recycler does not need a permit. Generators may accumulate waste for up to 90 days without interim status or a permit. A generator must comply with 265 Subparts I or J for accumulation units as well as emergency response and training provisions. Wastes residues from recycling are newly-generated wastes with a new point of generation and are allowed a 90 day accumulation period. Waste residues are derived-from wastes, and are assigned the same EPA ID number as the waste from which they are derived. Even if a facility does not have a permit, the owner must comply with the land disposal restrictions (LDR) requirements.
 
04/26/1989RECYCLING OF ELECTROPLATING SLUDGES (F006) FOR CEMENT/AGGREGATE MANUFACTUREMemo
 Description: Discussion of sham recycling. Lists criteria to be used in deciding whether processing of secondary material is legitimate recycling or regulated hazardous waste treatment and sham recycling. Cement kiln dust (CKD) generated when F006 is used as ingredient is only exempt if CKD chemical makeup is not significantly affected by the use of hazardous waste (SUPERSEDED: see 266.112). F006 destined for use as ingredient in aggregate, cement, or other products to be placed on the land is regulated as a hazardous waste from the point of generation forward until 266.20(b) is satisfied. Smelting or recovering metals from F006 is not subject to regulation (SEE ALSO: Part 266, Subpart H). Smelter slag residue from F006 metal recovery is hazardous waste via derived-from rule (SEE ALSO: 261.3(c)(2)(ii), 266.20(c), and 59 FR 67256; 12/29/94).
 
04/18/1989STILL BOTTOMS GENERATED AND REMOVED FROM A RECYCLING UNITMemo
 Description: Generators must determine their generator status based on the total amount of hazardous waste generated in a calendar month, including the amount of spent solvent generated before it is recycled (assuming solvent is subject to substantive regulation prior to entering recycling unit). The accumulation time for still bottoms produced in an on-site distillation unit begins when they are removed from the recycling unit. Still bottoms are subject to all applicable 262.34 regulations. The recycling unit is exempt from regulation. Spent solvent still bottoms removed from an exempt distillation unit carry the listing derived from the original listed solvent.
 
04/14/1989REGULATORY STATUS OF SPENT IGNITION TUBES AFTER SENT FOR RECLAMATIONMemo
 Description: Used ignitron tubes sent off-site for mercury reclamation are spent materials and solid wastes, not commercial chemical products (CCPs). The purity of the mercury within the tube is not a consideration when determining whether the ignitron tube itself meets the definition of spent material (the tube is what becomes spent). If mercury is removed from the tube on-site and only mercury is sent for direct reuse or further refining, mercury is product and not solid waste.
 
04/05/1989DROVE RECLAMATION IN BRASS INDUSTRY, BY-PRODUCT DESIGNATIONMemo
 Description: Drove generated by the brass industry is neither a spent material nor a sludge (provided it is not derived from a pollution control device), but rather a co-product or by-product. Some components of drove may meet the definition of scrap metal. Characteristic drove (by-product) generated in the brass industry is not a solid waste when destined for reclamation (SEE ALSO: 261.4(a)(13) exclusion for processed scrap metal).
 
04/02/1989METAL GALVANIZING PROCESS RESIDUES AS BY-PRODUCTS/SECONDARY MATERIALSMemo
 Description: Particles of chrome-coated zinc and charcoal from metal galvanizing are by-products. Dewatering is reclamation.
 
03/27/1989FLUE DUST AND METAL HYDROXIDE SLUDGE RECYCLING/RECLAMATIONMemo
 Description: Flue dust generated by an air pollution control device in a brass mill is a characteristic sludge. Metal hydroxide sludge generated in a wastewater treatment unit at a brass mill is a characteristic sludge. Characteristic sludges from air and water pollution control devices are not solid wastes from the point of generation forward if sludges are destined for reclamation in a manner not involving placement on land. A generator must document the claim that a sludge is excluded from the solid waste definition.
 
03/27/1989STORAGE PERMIT FOR FACILITIES INVOLVED IN HAZARDOUS WASTE RECYCLINGMemo
 Description: Hazardous waste fuel blending tanks are subject to storage regulations (not exempt recycling units). Federal regulations do not specify an allowable holding time before off-loading a shipment of hazardous waste into the recycling process. Some States may allow up to 24 hours before a storage permit is required.
 
03/13/1989APPLICABILITY OF PERMITTING REQUIREMENTS TO SOLVENT RECYCLERSMemo
 Description: The direct transfer of solvents from transportation tanks into distillation equipment does not require a storage permit.
 
02/22/1989REGULATORY STATUS OF SOLVENT, “ULTIMA-GOLD”Memo
 Description: Unused solvent is only subject to regulation as a discarded material when abandoned (i.e., disposed or incinerated) or recycled by being burned for energy. A CCP that is abandoned is a solid waste, while a CCP being reclaimed is not a solid waste. The transportation and sale of unused solvent, Ultima-Gold, is not subject to Subtitle C because it is a product rather than a discarded material. The material safety data sheet for solvent product "Ultima-Gold" indicates potential to be corrosive (D002) and reactive (D003). The product "Ultima-Gold" does not exhibit ignitability (D001) or extraction procedure (EP) toxicity (SUPERSEDED: See 261.24). A product solvent only meets P-listing or U-listing if the chemical on the P-list or U-list serves as the product's sole active ingredient.
 
02/07/1989DROSS FROM ALUMINUM SMELTING USED IN MANUFACTURE OF CEMENTMemo
 Description: The 261.4(b)(7) Bevill exclusion covers wastes from processing ores when the feedstock to smelter is greater than 50% ore or mineral. Feedstock of greater than 50% scrap aluminum would not qualify. Aluminum dross is a by-product. Discussion of use of dross in the manufacture of cement as reclamation. If cement or aluminum dross by-product will be placed on the land or in a product that will be placed on the land, the material is a solid and hazardous waste subject to Part 266, Subpart C and must meet land disposal restrictions (LDR) treatment standards. Discussion of sham recycling (SEE ALSO: 63 FR 28556; 5/26/98).
 
02/01/1989COKE AND COAL TAR RECYCLABLE MATERIAL REQUIREMENTSQuestion & Answer
 Description: Decanter tank tar sludge from coking operations (K087) that is blended with product creosote for use as a fuel in steel production does not meet the 261.6(a)(3)(vii) exclusion. The exclusion applies only to coke and coal tar fuels derived from K087. Includes a detailed explanation of the exclusion (SUPERSEDED: See 56 FR 7203; 2/21/91, and 261.4(a)(10)).
 
01/24/1989REGULATORY STATUS OF CONTAMINATED GROUNDWATER AND LIMITATIONS ON DISPOSAL AND REUSEMemo
 Description: Groundwater contaminated with hazardous waste which is treated so it no longer contains hazardous constituents is no longer regulated and can be beneficially reused under contained-in policy. Since no EPA guidance states at what levels groundwater is no longer hazardous waste, Regions make site-specific determination (SEE ALSO: 61 FR 18779; 4/29/96).
 
01/03/1989EPA POLICY REGARDING STORAGE PERMIT REQUIREMENTS FOR OFF-LOADING HAZARDOUS WASTES DIRECTLY INTO A UNIT WITHOUT PRIOR STORAGEMemo
 Description: The EPA allows time for off-loading waste into the recycling process without obtaining a storage permit. The specific timeframe is determined by the appropriate Region or state implementing agency.
 
01/03/1989REGULATION OF HAZARDOUS WASTE TRANSFER OPERATIONSMemo
 Description: Blending and feed storage tanks may be useful in establishing a uniform feed rate. However, the trial burn should determine if a facility can comply with the emissions performance standards without a feed storage tank.
 
12/09/1988RCRA STORAGE FACILITY REQUIREMENTS, OFF-LOADING FROM TANK TRUCKSMemo
 Description: EPA allows time for off-loading of hazardous waste fuel into an incinerator without requiring a storage permit. The specific time frame determined by the appropriate Region or state implementing agency. The omnibus authority may be used to ensure safe off-loading.
 
12/07/1988INDUSTRIAL PLATING OPERATIONS, STATUS OF VARIOUS WASTES FROMMemo
 Description: Electroless plating is not electroplating. A facility with a recycling unit needs a permit only for hazardous waste storage prior to or after recycling unless the reclamation process involves incineration or land disposal. Partially reclaimed waste which only needs further refining before it can be beneficially used may not be a waste. Partially reclaimed material may be eligible for a variance. Discussion of the regulatory status of filter cake from treatment of plating wastes. Filter cake from thre treatment of an electroplating bath is more likely to be a spent material than a sludge (i.e., plating bath is not wastewater).
 
12/01/1988CLOSED LOOP RECYCLINGQuestion & Answer
 Description: Addresses the closed-loop exemption for secondary materials when reclaimed and returned to the original process in which they were generated. A portion of the secondary material that is returned to the original process is exempted from the definition of solid waste. A portion of the secondary material which is discarded is a solid waste. Discusses a mixture of ignitable gases and liquids that are being reclaimed.
 
11/28/1988APPLICABILITY OF PERMITTING TO SPENT LEAD-ACID BATTERY RECYCLINGMemo
 Description: Pieces of lead metal from batteries can be scrap metal. The exemption no longer applies if metal pieces are mixed with other wastes that are regulated. Wastes derived from spent materials are spent materials. Some lead-acid battery components are not solid wastes when reclaimed. Discussion of the regulatory status of reclaimed battery components. Discussion of the EPA analysis of the regulatory status of 16 materials from spent lead-acid battery recycling, including battery acid, plastic chips, metal battery pieces, and lead sulfates. Spent lead-acid battery components used to produce fertilizer are used in a manner constituting disposal. Fertilizer produced for the general public's use that meets land disposal restrictions (LDR) treatment standards is no longer subject to regulation (SEE ALSO: Part 273).
 
11/07/1988PCB DECHLORINATION TREATMENT PROCESSMemo
 Description: A PCB dechlorination system is exempt under 261.6(a)(3)(iii) as used oil recycled in some other manner than being burned for energy recovery (SUPERSEDED: see Part 279).
 
11/02/1988WASTE LISTINGS FOR COMMERCIAL CHEMICAL PRODUCTS - MERCURYMemo
 Description: The determination of whether mercury-containing thermometers, batteries (battery), and switches are CCPs and solid waste are U151 when discarded depends on the contamination and usage of the material. (SEE ALSO: 70 FR 45508; 8/5/05)
 
11/01/1988USED OIL COURT DECISIONQuestion & Answer
 Description: The U.S. Court of appeals agreed with petitioners’ argument that EPA acted contrary to the law when it based its used oil listing determination on the stigmatic effects of a hazardous waste listing. The court required EPA to make a listing decision on technical criteria (SUPERSEDED: See Part 279).
 
10/27/1988PESTICIDE RINSEATE TREATMENT/RECYCLING SYSTEMMemo
 Description: Tanks with no discharge because effluent is recycled or otherwise handled cannot be wastewater treatment units (WWTU). Tanks that have eliminated discharge of effluent as direct result of CWA rules and limits (zero dischargers) can qualify as WWTUs. Reclaimed wastewaters are generally not products. In certain cases, treated wastewater that is legitimately reused is considered "reclaimed" and loses its solid waste status. Listed rinsewater destined for filtering and reuse is a spent material and a solid waste prior to reclamation. Rinsing nonempty containers that held P-listed or U-listed pesticide CCPs renders rinsate listed hazardous waste.
 
09/22/1988ATOMIZER MULTI-OIL FUELED HEATERS, INSPECTION AND CERTIFICATION CRITERIA FORMemo
 Description: Used oil meeting specifications can be burned in any device. Off-specification used oil can be burned in a space heater. EPA has not developed specific standards for space heaters.
 
09/19/1988QUESTIONS AND ANSWERS REGARDING THE HANDLING OF EXPLOSIVES AND COMMERCIAL FUELSMemo
 Description: Off-specification fuel (i.e., jet fuel, kerosene, gasoline) used to burn planes during a fire training exercise is not subject to regulation. The resulting soil contamination may later be subject to federal cleanup authorities. Law enforcement agents (BATF) transporting and detonating bombs and other reactive wastes may be exempt from RCRA Subtitle C regulation if the action is an immediate response. If it is not an immediate response, an emergency permit may be required (SEE ALSO: 62 FR 6622; 2/12/97). Dropping munitions on land and detonating bombs is not discard and is not regulated because it is the normal pattern of use. Unexploded ordnance or bullets removed from a firing range and sent for destruction via open burning/open detonation (OB/OD) are wastes subject to regulation. The open burning of hazardous waste (other than explosives) is prohibited (SEE ALSO: 62 FR 6622; 2/12/97).
 
09/02/1988SUMMARY OF ASSISTANCE BRANCH PERMITTING COMMENTSMemo
 Description: Aboveground bolted flange joints that are inspected daily do not need secondary containment. Joints where waste may contact the thread must meet the secondary containment requirement for tank ancillary equipment. A trench below tank waste lines may qualify as secondary containment if it is sized to contain a release and if the trench is dry so that leaks can be detected. Discusses the status of new tank systems at facilities permitted between 7/14/86 and 1/12/87. To meet the definition of a boiler, the combustion chamber and energy recovery section must be of integral design. A unit with a “post-combustion” chamber between the combustion and energy recovery sections is not a boiler. A unit with a combustion section connected to an energy recovery unit by a duct and a control system is not a boiler. A unit with innovative insulation installation does not qualify as boiler under a variance petition if the insulation does not provide significantly better performance. The determination of boiler efficiency should be conducted under controlled conditions following a method specified by the American Society of Mechanical Engineers. Thermal relief vents can be used in the design of a new incinerator, but a permit should require backup systems to minimize their use. Addresses the application of the minimum technology requirements (3004(o)) to the vertical and lateral expansions of surface impoundments and landfills. The minimum technology waiver petition was granted due to alternate design and operational factors. The 3004(o)(2) waiver petition that would prevent the migration of contaminated groundwater beyond the waste management area (e.g. surface impoundment) is inadequate because it does not prevent all groundwater contamination. Incinerators may be eligible for research, development, and demonstration (RDD) permits. Provides guidance on the duration of Research, Development, and Demonstration (RDD) permits beyond a calendar year and criteria for renewing RDD permits. Discusses the applicability of the new tank system regulations in authorized v. unauthorized states. Includes guidance on the selection of principal organic hazardous constituent (POHCs) and the use of surrogate v. actual wastes during the incinerator trial burn. The actual waste can be spiked during the trial burn to raise principal organic hazardous constituent levels. Addresses the sampling frequency during a trial burn. The mass feed rate of a principal organic hazardous constituent (POHC) input used for destruction and removal efficiency (DRE) calculations must equal mass feed rate in the wastestream only. When sampling for particulates and semi-volatile POHCs during an incinerator trial burn, two separate Modified Method 5 (MM5) trains should be used. Only one confirmatory sampling event is necessary to trigger compliance monitoring. Discusses the disposal of purged water generated during groundwater sampling and analysis. An owner of a landfill or surface impoundment submitting a no migration waiver petition must use a worst-case soil permeability factor in groundwater modeling. The constituent concentration, retardation factors, and constituent half-life must be evaluated when developing a model for a no migration waiver petition for a surface impoundment or a landfill (3004(o)(2)). The owner of a site with a complex hydrogeology should use a 2 or 3-dimensional model to support a no migration demonstration. Provides criteria for evaluating landfill composite bottom liner equivalency. Addresses the evaluation of a final cover slope using a soil loss equation. EPA recommends the use of glass vessels when performing compatibility testing on a high-density polyethylene (HDPE) liner. Scarifying and remolding do not meet the minimum technological requirements for a landfill secondary soil liner. A contingency plan must designate a sufficient number of emergency coordinators to provide 24-hour and vacation coverage. The federal regulations require a compressive strength test for stabilized wastes (going to a landfill) that pass the paint filter test only if true chemical stabilization has not occurred.
 
09/01/1988STILL BOTTOM WASTE GENERATED DURING THE PRODUCTION OF POLYSTYRENEMemo
 Description: Toluene used as a carrier or diluent during the production of polystyrene is used as a solvent. Still bottoms from the recovery of spent toluene are F005, even if they are generated in a closed-loop recycling process.
 
08/31/1988HAZARDOUS WASTE RECYCLERSMemo
 Description: A recycling facility where waste is directly off-loaded from vehicles into recycling equipment does not need a storage permit. Each facility must be evaluated on a case-by-case basis to determine if storage occurs. The arrival of waste at designated facility is the end of the transportation phase, therefore a designated facility (e.g., recycling facility) cannot be a transfer facility. A piece of property contiguous to a designated facility cannot be a transfer facility.
 
08/26/1988SECONDARY LEAD SMELTER VARIANCESMemo
 Description: Lead plates removed from lead-acid batteries at smelter and awaiting further reclamation in smelter are solid waste. Partially-reclaimed lead at a smelter is typically eligible for a variance from the solid waste definition. Discussion of common lead-acid battery cracking practices at lead smelting facilities (SEE ALSO: Part 273).
 
08/09/1988REGULATORY STATUS OF USED SULFURIC ACIDMemo
 Description: Sulfuric acid from chlorine dehydration that is too dilute for reuse without further processing may meet the definition of spent material. If the secondary use of sulfuric acid has the same purpose as the primary use (e.g., once-used sulfuric acid can be directly reused in same or another alkylation reaction), the once-used sulfuric acid may be exempt from definition of solid waste under 261.2(e). Spent sulfuric acid reused as fertilizer ingredient is considered a solid waste and a hazardous waste used in a manner constituting disposal subject to Part 266, Subpart C.
 
08/01/1988SOURCE REDUCTION AND RECYCLING TECHNICAL ASSISTANCE GRANTS FOR STATESQuestion & Answer
 Description: Explains the Source Reduction and Recycling Technical Assistance Grants (available in 1988) and RITTA (RCRA Integrated Training and Technical Assistance Initiative).
 
07/31/1988RECYCLING UNUSED OFF-SPECIFICATION JET FUELMemo
 Description: Unused off-specification jet fuel is considered a CCP and is not a solid waste when reclaimed to produce new jet fuel, because it is normally used as fuel.
 
07/29/1988CEMENT KILN DUST WASTEMemo
 Description: Cement kiln dust (CKD) is not a hazardous waste (SEE ALSO: 60 FR 7366; 2/7/95). A mixture of exempt cement kiln dust with corrosive liquid (D002) will result in a nonhazardous waste if the mixture no longer exhibits any characteristic (SEE ALSO 261.3(d)(1)). Mixing is considered treatment. No permit is required for treatment performed in generator accumulation tanks subject to 262.34.
 
07/29/1988REGULATORY STATUS OF DRY CLEANERS WHO RECYCLE SPENT CARTRIDGE FILTERSMemo
 Description: A generator should only count hazardous waste that is subject to regulation. Spent dry-cleaning filters placed directly into a distillation unit without intervening storage are not counted.
 
07/27/1988EXEMPTION FOR COMMERCIAL CHEMICAL PRODUCTS BURNED FOR ENERGY RECOVERYMemo
 Description: Reclaimed solvent used as a commercial gun wash solvent is not a solid waste. Reclaimed solvent burned as a fuel is a solid waste. Off-specification solvent products burned for energy recovery in lieu of the intended purpose could be excluded under 261.2(c)(2)(ii) if they are themselves fuels.
 
07/21/1988CHLOROFLUOROCARBON RECYCLINGMemo
 Description: Used refrigerants meet the definition of a spent material. Used CFC refrigerant is not F-listed spent solvent but may exhibit a characteristic. Used refrigerant is not U121 or U075 because it has been used. The P-listings and U-listings do not apply to used chemicals. Cylinders containing used refrigerants to be reclaimed are solid waste (SW). Generators may use knowledge of similar operations at different facilities to characterize waste (SEE ALSO: 261.4(b)(12)). An owner of refrigeration equipment and a company or individual performing servicing may be generators of used refrigerant waste (i.e., cogenerators).
 
06/15/1988RECYCLING OF ELECTRIC ARC FURNACE DUSTMemo
 Description: K061 is a solid waste (SW) until it enters the load cell reactor where reclaimed. Reclamation is not regulated. K061 run through a process associated with primary steel production may not be a SW. Processed zinc-rich metal oxide may no longer be SW per 261.3(c)(2). Discussion of reasons for listing K061. Slag from K061 reclamation used as aggregate is a SW unless the material has undergone a chemical reaction so that hazardous waste is inseparable by physical means (SUPERSEDED: SEE 266.20(c), and RPC# 2/16/95-01).
 
06/06/1988SECONDARY MATERIALS REGULATION - USED SULFURIC ACIDMemo
 Description: The 261.4(a)(7) exemption only applies to sulfuric acid used in production of virgin sulfuric acid. Generators of sulfuric acid must have adequate documentation to support any exemption claims. The regulatory status of spent sulfuric acid depends on how it is recycled. Used sulfuric acid produced by sulfonation, alkylation, and dehydration reactions may be regulated as a by-product or co-product. Materials used as ingredients for product fuels or fertilizers are still solid wastes.
 
05/26/1988SPENT SULFURIC ACID ACCUMULATED SPECULATIVELYMemo
 Description: Discussion of the definition of speculative accumulation. Speculatively accumulated spent sulfuric acid does not qualify for the 261.4(a)(7) exclusion. The exemption is dependent upon sulfuric acid being used in the production of virgin sulfuric acid. Materials which are accumulated in land-based units and leach into the ground are considered disposed if not recovered.
 
05/18/1988THERMAL TREATMENT UNITS, SCOPE OF SUBPART XMemo
 Description: Subpart X covers units that are not regulated under 264 Subpart I - O or Part 146. The open burning or detonation of explosives is not land disposal except where residues remain hazardous. The open burning of solvents is prohibited.
 
05/13/1988INTERPRETATION OF 40 CFR 268.7 REQUIREMENTSMemo
 Description: Listings depend on how materials are used in a process, not only on the hazardous constituents. Restricted wastes that are treated, stored, disposed on site or sent off site are subject to the testing, recordkeeping, and manifest requirements. Wastes sent to a recycling facility are subject to the land disposal restrictions (LDR). Treatment residues are subject to LDR notification (SEE ALSO: 62 FR 25997; 5/12/97).
 
05/13/1988LAND DISPOSAL RESTRICTIONS TESTING AND RECORD KEEPING REQUIREMENTSMemo
 Description: Listings depend on how materials are used in a process, not only on the hazardous constituents. Restricted wastes that are treated, stored, disposed on site or sent off site are subject to the testing, recordkeeping, and manifest requirements. Wastes sent to a recycling facility are subject to the land disposal restrictions (LDR). Treatment residues are subject to LDR notification (SEE ALSO: 62 FR 25997; 5/12/97).
 
05/02/1988DEFINITION OF “HOUSEHOLD WASTE” AND “SCRAP METAL”Memo
 Description: Household-type wastes from other services (i.e. commercial facilities, office buildings) are not covered under the household hazardous waste exclusion. Metal parts that meet the definition of scrap metal in 261.1(c)(6) are not subject to Subtitle C regulation when recycled (SEE ALSO: 261.4(a)(13) exclusion for processed scrap metal).
 
04/21/1988DISTILLATION OR FRACTIONATION COLUMN BOTTOMS FROM THE PRODUCTION OF CHLOROBENZENEMemo
 Description: Persons may petition EPA to add new types of units to the industrial furnace definition. Distillation or fractionation column bottoms from the production of chlorobenzene (K085) are by-products. Discussion of by-product versus co-product. Bottoms that must be further processed before use are not co-products. EPA intends to designate all materials introduced into halogen acid furnaces (HAFs) as inherently waste-like. A chlorinated by-product reused as ingredient in chlorinated feedstocks and muriatic acid is not a solid waste (SW) if no burning, reclamation, disposal, or speculative accumulation is involved (SUPERSEDED: see 56 FR 7134; 2/21/91). A generator must be able to provide supporting documentation for exempt wastes. If a material is a SW depends on the disposition, or intended disposition, of the material. Discussion of the regulatory status of a gas-fired thermal oxidizer. Discussion of the status of an oxidation reactor burning chlorinated benzene process streams in titanium dioxide production depends on if material is burned for energy recovery or as ingredient in industrial product (SUPERSEDED: see Part 266, Subpart H). Burning waste in an incinerator is destruction subject to incinerator standards.
 
04/20/1988GENERATOR COUNTING REQUIREMENT FOR SOLVENT STILLSMemo
 Description: If a generator reclaims hazardous waste spent solvent but does not store it prior to reclamation, only still bottoms are counted toward the generator category determination. If a generator stores a spent solvent before reclamation, the spent solvent is counted, but still bottoms are not.
 
04/06/1988RECYCLING NICKEL, COPPER AND CHROMIUM-CONTAINING ELECTROPLATING SLUDGESMemo
 Description: Smelting wastewater treatment sludge to recover metal is reclamation. Partially reclaimed listed sludge is a solid waste (SW), unless granted a variance. Sis ludge to be smelted not eligible for the reuse exemption. A listed sludge to be smelted is a hazardous waste. A characteristic sludge to be smelted is not a SW.
 
04/01/1988NOTIFICATION REQUIREMENTS FOR RECYCLABLE MATERIALSQuestion & Answer
 Description: Recyclable materials in 261.6(a)(2), such as precious metals, are subject to land disposal restrictions (LDR) notification since 261.6(a)(2) does not specifically exempt them from Part 268. Recyclable materials in 261.6(a)(3) are not subject to Part 268.
 
03/22/1988ASPHALT MATERIALS DISPOSALMemo
 Description: Asphalt used as a commodity (e.g., road paving) is not regulated because it is not a solid waste. When discarded in a trench, it is a solid and potentially a hazardous waste. Product asphalt that contains a hazardous waste ingredient may be subject to RCRA Subtitle C, but asphalt alone is unlikely to be characteristic.
 
03/22/1988COPPER-BEARING SECONDARY MATERIALS AS FEEDSTOCKMemo
 Description: Copper chloride and copper ammonium chloride by-products directly used (i.e., without prior reclamation) in the production of copper sulfate and copper hydroxide are not solid waste if the material is not speculatively accumulated and if the activity is legitimate recycling.
 
03/10/1988REGULATORY STATUS OF RECYCLED SOLVENT PRODUCTMemo
 Description: A determination of the status of a recycled product solvent is facility-specific and can be more appropriately addressed by the region or state implementing agency.
 
03/09/1988PROPOSED BEST DEMONSTRATED AVAILABLE TECHNOLOGY (BDAT) FOR K061 WASTEMemo
 Description: Zinc oxide collected in a baghouse that is sold as a product is no longer derived from K061. Calcining residuals from K061 wastes may exhibit a characteristic. The use of a K061 treatment residual as roadbed and anti-skid material is use in a manner constituting disposal (SEE ALSO: 266.20(c), 59 FR 67256; 12/29/94). The K061 treatment standards are performance standards that are based on a Best Demonstrated Available Technology (BDAT) of high temperature metals recovery (HTMR). EPA does not require or recommend the use of any specific class of high temperature metals.
 
02/01/1988BLENDING OF HAZARDOUS WASTE FUEL BURNED IN CEMENT KILNSQuestion & Answer
 Description: Tanks in which hazardous waste fuels are blended are regulated by 264 Subpart J/265 Subpart J regardless of the type of unit in which the waste will be burned. Blending tanks are subject to the same regulations as storage tanks (266.31(c) cement kiln exclusion SUPERSEDED: See 266 Subpart H).
 
02/01/1988USED OIL MARKETERQuestion & Answer
 Description: A used oil generator sending used oil to a sister corporation to be burned is a marketer. An exchange of funds is not necessary to be a marketer (See Also: Part 279).
 
01/26/1988ZINC OXIDE RECLAIMED FROM KILNSMemo
 Description: Discusses indigenous secondary materials (SEE ALSO: 266.100). Partially reclaimed K061 which must be reclaimed further is still a solid waste and is derived from K061. Kiln residue is not exempt because K061 is from primary steelmaking, not from the processing of ores and minerals. F006, F019, and K062 are not indigenous to zinc smelting. The 3004(u) authority applies to releases of Bevill wastes and to releases from pre-RCRA inactive units. Units holding product are not solid waste management units (SWMUs) unless routine and systematic releases occur. Addresses American Mining Congress (AMC) v. EPA. The status of dust from a kiln burning K061 could change when the BIF regulations are finalized (SEE ALSO: 261.3(c)(2)(iii)(C)(1) and 261.4(a)(11)) (SAME AS 9481.1988(01)).
 
01/25/1988NEW JERSEY ZINC COMPANY K061 STORAGE PILEMemo
 Description: A partially reclaimed waste that must be reclaimed further before it can be used as a product is still a solid and hazardous waste. Discusses the derived-from exemption for residue from processing K061, K062, and F006 in a high temperature metal recovery unit. Addresses American Mining Congress (AMC) v. EPA. The status of dust from a kiln burning K061 could change with the final BIF rule (SEE: 261.4(a)(11) and 261.3(c)(2)(iii)(C)(1)). Discusses indigenous secondary materials (SEE: 266.100). The 3004(u) corrective action authority applies to Bevill waste and releases from pre-RCRA inactive units. Units holding product are not solid waste management units (SWMUs) for purposes of 3004(u) unless routine and systematic releases occur (SAME AS 9444.1988(02a)).
 
01/20/1988MIXED SOLVENT WASTESMemo
 Description: U-listed product residuals flushed from the product line and mixed together results in a waste with multiple U listings. If the CCPs are intended for reclamation, they are not solid wastes. Discusses the use of a manifest continuation sheet v. more than one manifest for multiple waste shipments.
 
01/14/1988WASTE GENERATED BY AN INCINERATOR TRIAL BURN OF SAND SPIKED WITH TRICHLOROBENZENE AND HEXACHLOROETHANEMemo
 Description: A mixture of sand and unused CCP hexachloroethane (U131) for use in an incinerator trial burn is a hazardous waste. Ash derived from burning the mixture carries U131 via the derived-from rule.
 
01/11/1988REGULATORY STATUS OF DUST CONTROL PRODUCTMemo
 Description: A dust control product that is not a hazardous waste or not mixed with a listed dioxin hazardous waste is not subject to the ban on dust suppressants.
 
01/01/1988DEFINITION OF USED OILQuestion & Answer
 Description: Used oil is oil contaminated through use that has been used as a lubricant or a hydraulic or heat transfer fluid. Petroleum distillates used as cleaning agents or for solvent properties are not used oil. Used oil need not be solid waste under 261.2 to be regulated because the authority to regulate it comes from RCRA 3014.
 
12/24/1987COAL TAR DECANTER SLUDGE WASTE PILE (TOLEDO COKE)Memo
 Description: Discusses the regulatory status of a coal tar decanter sludge waste pile. K087 stored before recycling in coke or coal tar production is not exempt under 261.6(a)(3)(vii) (SUPERSEDED: See 56 FR 7203; 2/21/91, 261.4(a)(10), and 261.4(a)(12)).
 
12/15/1987F005 LISTING FOR PYRIDINE STILL BOTTOMSMemo
 Description: Still bottoms from the reclamation of pyridine meet the F005 listing.
 
12/09/1987CLARIFICATION OF SMALL QUANTITY GENERATOR REGULATIONSMemo
 Description: Generators who treat or reclaim solvent waste on site do not need to count distillation bottoms if the original waste has already been counted once. CESQGs may treat, store, or dispose waste on site or off site if they meet 261.5(g)(3). Recycling facilities may accept CESQG waste.
 
12/01/1987BURNING HAZARDOUS WASTE FOR ENERGY RECOVERYQuestion & Answer
 Description: An owner of a cement kiln in an area with a population greater than 500,000 does not have to comply with the incinerator standards when burning hazardous waste for energy recovery if the kiln is not located within the boundaries of an incorporated municipality (SUPERSEDED: cement kilns burning hazardous waste now regulated, See 266, Subpart H).
 
11/10/1987PICKLE LIQUOR RECOVERY UNIT AS AN INDUSTRIAL FURNACEMemo
 Description: An industrial furnace in which spent pickle liquor (K062) is processed to produce a usable product hydrogen chloride and ferrous oxide is not an incinerator, but is a smelting, melting, and refining furnace. The unit is not regulated as an incinerator since the purpose is to produce a product and not to destroy a waste.
 
11/04/1987RECYCLING OF ZINC OXIDE BAGHOUSE DUSTMemo
 Description: The determination of whether a substance is a solid waste depends on the ultimate management. Zinc sulfate recovered from zinc oxide that is used to produce a fertilizer is a solid waste. A facility that treats hazardous sludge to recover a usable material (i.e., zinc sulfate) is subject to the 261.6(c) requirements for recycling facilities.
 
10/23/1987LUBRICATING OIL CONTAMINATED WITH TCDD THROUGH USE AS AN ANALYTICAL STANDARDMemo
 Description: Lubricating oil that is contaminated with dioxins from TCDD use as an analytical standard is not listed, but is hazardous if characteristic. Even if it is characteristic, the oil is subject to Part 266, Subpart E if the used oil is burned for energy recovery (SUPERSEDED: See Part 279).
 
10/16/1987THERMAL OXIDIZER AND HYDRODECHLORINATION PROCESS BY-PRODUCT K-WASTESMemo
 Description: Thermal oxidation and hydrodechlorination are considered reclamation. Distillation bottoms ("polychlor material") from chlorinated benzenes production are by-products and are K085 (SEE ALSO: RPC# 4/21/88-01).
 
10/08/1987ENVIRONMENTAL HAZARDS ASSOCIATED WITH BURNING HAZARDOUS WASTE IN CEMENT KILNSMemo
 Description: Cement kiln dust (CKD) generated during the use of hazardous waste fuel contains elevated lead levels but tends not to leach enough lead to fail the extraction procedure (EP) toxicity test (SUPERSEDED: see 261.24). EPA considers cement kiln dust to be nonhazardous under the Bevill exemption and does not plan on issuing specific guidance (SEE ALSO: 60 FR 7366; 2/7/95).
 
10/01/1987NATURAL GAS PIPELINE CONDENSATE AND ENERGY RECOVERYQuestion & Answer
 Description: Natural gas pipeline condensate can qualify as off-specification fuel and is thus exempt from the definition of solid waste when burned for energy recovery. Off-specification fuels are not by-products (SEE ALSO: RPC# 4/15/94-01).
 
09/17/1987EXPORT OF SPENT BATTERIESMemo
 Description: Intact lead-acid batteries (battery) shipped to Canada are not subject to manifesting or export notification because no reclamation has taken place. (SUPERSEDED: 266.80(a)(6)-(7), 273.40, and 273.56)
 
09/09/1987MATERIALS CONTAMINATED WITH PESTICIDE PRODUCTSMemo
 Description: Listed CCPs (chlordane, heptachlor) are not waste when applied to the land in a manner consistent with their normal use nor when later found in soil, a swimming a pool, carpet, or a wallboard. Unintentionally spilled pesticides (e.g., in soil or carpet) are considered discarded and can be P-listed or U-listed hazardous waste.
 
09/04/1987COAL TAR DECANTER SLUDGE WASTE PILE (TOLEDO COKE)Memo
 Description: The 261.6(a)(3)(v) exemption is only for coke and coal tar products recycled from coal tar decanter sludge (K087), not for K087 stored in a waste pile before recycling. K087 used to produce coke is not an exempt use or reuse because it is used for a fuel (SUPERSEDED: See 56 FR 7203, 2/21/91; and 57 FR 27880, 6/22/92; and 261.4(a)(10), and 261.4(a)(12)).
 
09/03/1987COMMERCIAL FERTILIZERS VERSUS SOIL AMENDMENTSMemo
 Description: The commercial fertilizer definition is the same as normally used in agriculture. The use in a manner constituting disposal exemption applies to fertilizer products that contain hazardous waste (HW). HW that is placed directly on the ground does not qualify for this exemption.
 
09/01/1987LAND DISPOSAL RESTRICTIONS - CALIFORNIA LISTQuestion & Answer
 Description: An off-site shipment of a California list hazardous waste must be accompanied by a manifest, even if the waste code which makes it hazardous is not restricted (SUPERSEDED: California list removed, see 62 FR 25997; 5/12/97). Sludges which result from the treatment of restricted characteristic wastewaters and are destined for reclamation are not subject to the land disposal restrictions (LDR) because they are not solid wastes (SUPERSEDED: see 58 FR 29860; 5/24/93) (SEE ALSO: 60 FR 43654; 8/22/95).
 
09/01/1987STILL BOTTOM WASTE FROM POLYSTYRENE PRODUCTIONMemo
 Description: Diluent (carrier solubilizing process feedstocks or reactant ingredients) is a solvent use for F001-F005 (SUPERSEDED: see RPC# 2/11/88-02). Excess toluene recovered from Chevron's process is a F005 diluent. Secondary materials in a closed-loop reclamation process are exempt. Still bottoms and other wastes formed in the reclamation process are solid wastes.
 
08/31/1987MIXING LOW AND HIGH BTU WASTES - SHAM BURNING, BLENDING, MANIFESTINGMemo
 Description: Sham burning (less that 5000 Btu/lb heating value) determination is site-specific. Blending high and low Btu value waste may not render subsequent burning sham (SUPERSEDED: see 11/8/94-01; 266.100). A listed waste treatment residue retains the listing. EPA waste codes are not required on the manifest by EPA, but States or DOT may require them (SEE ALSO: RPC# 11/17/89-01).
 
08/31/1987MIXTURES OF WASTES AND LEGITIMATE BURNING FOR ENERGY RECOVERYMemo
 Description: A sham recycling of waste by burning (less than 5000 Btu heating value) determination is site-specific. The blending of high and low Btu value waste may not render subsequent burning a sham (SUPERSEDED: RPC# 11/8/94-01; 266.100). A listed waste treatment residue retains its listing. EPA waste codes are not required on the manifest by EPA, but states or DOT may require them (SEE ALSO: RPC# 11/17/89-02).
 
08/17/1987MIXTURE OF F003 AND A SOLID WASTE AND DELISTING REQUIREMENTSMemo
 Description: Still bottoms from methanol recovery are F003, and are regulated hazardous wastes at the source of generation. If still bottoms are mixed with a solid waste and the mixture does not exhibit a characteristic (SEE ALSO: 66 FR 27266; 5/16/01), it is not a hazardous waste via the 261.3(a)(2)(iii) exemption from the mixture rule for wastes listed solely for exhibiting a characteristic (SEE ALSO: 268.3).
 
08/17/1987TOLUENE AS A DILUENT OR CARRIER AND THE SCOPE OF THE F005 LISTINGMemo
 Description: Toluene added as a diluent and carrier in Chevron’s polystyrene production process is used as solvent. Waste (still bottoms) from a recovery tower is F005. Still bottoms from solvent recovery generated in a closed-loop recycling unit can be listed wastes.
 
08/13/1987USED CRANKCASE OIL DISPOSED OF BY DO-IT-YOURSELFERSMemo
 Description: Used oil disposed by “Do-It-Yourselfers” is exempt as household hazardous waste. No federal permits are required for used oil collection, transportation, recycling, or disposal (SEE ALSO: Part 279).
 
08/12/1987ZINC OXIDE DUSTMemo
 Description: Zinc oxide sludge used to make a fertilizer is used in a manner constituting disposal. Reclaimed zinc oxide sludge used to make zinc sulfate is not a solid waste. Sludge reclaimed for both metal and fertilizer is subject to use in a manner constituting disposal rules.
 
08/12/1987ZINC OXIDE DUST RECLAIMED OR USED AS FERTILIZERMemo
 Description: Zinc oxide sludge that is used to make a fertilizer is a solid and hazardous waste used in a manner constituting disposal. Reclaimed zinc oxide sludge that is used to make zinc sulfate is not a solid waste. Sludge reclaimed for both metal and fertilizer is subject to rules for use in a manner constituting disposal.
 
08/01/1987DEFINITION OF SOLID WASTE AND RECLAMATIONQuestion & Answer
 Description: A commercial chemical product (CCP) that has exceeded its shelf-life can be shipped back to the manufacturer for possible reclamation without a manifest (reverse distribution). An unused chemical remains a CCP (not solid waste) until such time that the manufacturer discards or intends to discard the CCP.
 
08/01/1987EXPORTING HAZARDOUS WASTEMemo
 Description: Uncracked lead-acid batteries sent to Canada for recycling are not subject to the export requirements (3017) because they are not subject to manifesting. (SUPERSEDED: See 266.80(a)(6)-(7), 273.20, 273.40, 273.56)
 
07/31/1987BRIQUETTING OF FLUE DUST (K061) FOR STEEL PRODUCTIONMemo
 Description: Briquetting is not reclamation. Flue dust K061 that is mixed with sodium silicate binder and pressed into briquettes is not solid waste if it is directly reused in steel production and is not reclaimed.
 
07/22/1987FIRE TRAINING PITS, REGULATORY REQUIREMENTS FORMemo
 Description: Open pit burning of commercial fuels (kerosene, gasoline, jet fuel) for a fire training exercise is product use. Open burning (except waste explosive detonation) of other chemicals (used oil, spent solvents) that are not commercial fuels needs a permit or interim status. If a listed waste burned in an unlined pit seeps into the soil, the soil is regulated as hazardous until the waste is removed under the contained-in policy. If the original waste was not listed, the soil can still be hazardous waste if it is characteristic (SEE ALSO: 61 FR 18779; 4/29/96).
 
07/21/1987SOURCE REDUCTIONMemo
 Description: EPA’s strategy favors source reduction, waste minimization, and recycling over treatment and land disposal. Includes four reasons why source reduction is preferable to treatment. Not all wastes can be eliminated by source reduction.
 
07/16/1987NON-APPLICABILITY OF THE LESS-THAN-1% EXTENSION TO TREATMENT RESIDUALSMemo
 Description: A national capacity variance for wastes containing less than 1% total solvent constituents does not apply to residuals from the recovery of a restricted waste, but rather to the initial generator of waste before treatment. Treatment residues must meet the applicable land disposal restrictions (LDR) treatment standards.
 
07/14/1987GENERATOR RECYCLING HAZARDOUS WASTE ON-SITEMemo
 Description: EPA does not regulate the actual reclamation process. A generator performing distillation would not need to comply with other requirements. A generator complying with 262.34 can treat in an accumulation unit without a permit or interim status. Treatment equipment marketing is not regulated.
 
06/26/1987TREATMENT AND DISPOSAL METHODS FOR LOW-LEVEL WASTES THAT CONTAIN UNCONTAMINATED OR RADIOACTIVE LEADMemo
 Description: Activated lead may be stored to allow radioactive decay prior to disposal as a hazardous waste. Mixed waste storage requires a permit. Surface-contaminated lead may be decontaminated. EPA may establish below regulatory concern (BRC) levels for radiation. Container liners used as shielding in low-level waste disposal are not RCRA-regulated. Encapsulation may be a viable treatment for lead wastes if the process results in a product that will not degrade after disposal (SEE ALSO: 64 FR 63464; 11/19/99).
 
06/24/1987RECYCLING V. CONTINUED-USE OF LEAD-ACID BATTERIESMemo
 Description: Hazardous spent material (batteries) recycling is regulated. A used lead-acid battery is not a waste until it has served its intended purpose or is spent. A used battery that is not reclaimed in any way can be sold or given away for further battery use without being subject to regulation. A company must document legitimacy (SEE ALSO: Part 273).
 
06/23/1987USE OF THE METHOD OF STANDARD EDITIONSMemo
 Description: SW-846 requires that the method of standard editions be used whenever the percent recovery of a matrix spike is outside the range of 75-125%. The method of standard additions is required, in all cases, when analyzing extraction procedure (EP) toxicity extracts (SEE ALSO: 57 FR 55115; 11/24/92).
 
06/19/1987EXPORT REQUIREMENTS FOR SPENT BATTERIES SENT TO FOREIGN COUNTRIES FOR RECYCLINGMemo
 Description: RCRA 3017 prohibits the export of hazardous waste without prior notification to EPA. Spent batteries sent to a foreign country for recycling are exempt from the export requirements if the batteries are uncracked. Notification and consent can cover a period of up to 12 months. A 60-day waiting period for approval to export applies only to the first shipment. Bilateral agreements can take priority over a written consent requirement. (SUPERSEDED: See 266.80(a)(6)-(7), 273.20, 273.40, and 273.56)
 
06/17/1987METHANOL RECOVERY SYSTEM - CLARIFICATION OF WASTE STATUSMemo
 Description: Volatilized methanol from a pharmaceutical production is not solid waste. Once it is condensed in carbon, the methanol and carbon are F003 (contained gas) (SUPERSEDED: see 56 FR 7200; 2/21/91). The removal of F003 from the carbon is exempt recycling.
 
06/12/1987FILTER PRESS PROPOSED AS PART OF CORRECTIVE ACTION - NOT EXCLUDED FROM PERMITTINGMemo
 Description: A filter press may meet the totally enclosed treatment unit (TETU) definition. The wastewater treatment unit (WWTU) definition has no formal definition of wastewater. A CWA permit is not required for a WWTU, but discharge that occurs needs to be subject to CWA. The exemption from the definition of solid waste for materials that are recycled or reclaimed requires waste to be returned to the manufacturing process, not to another treatment unit.
 
06/09/1987USE/REUSE EXCLUSION TO RED WATER (K047) FROM WHICH SODIUM SULFITE IS RECOVERED AND WHICH IS USED AS A FUELMemo
 Description: A listed spent material, a sludge, and a by-product reclaimed and/or used as a fuel is a solid and hazardous waste. Recycling K047 is not an exempt use or reuse because sodium sulfite is recovered from K047 before reuse. Using K047 as a fuel is ineligible for the use or reuse exclusion.
 
06/01/1987SOLID WASTE CLASSIFICATIONQuestion & Answer
 Description: Solder that becomes contaminated through use is a spent material when reclaimed, it is not scrap metal (SEE ALSO: RPC# 9/20/93-02).
 
05/20/1987SPENT PICKLE LIQUOR, DEFINITION AS HAZARDOUSMemo
 Description: K062 spent pickle liquor that is destined for reclamation on site or off site is solid and hazardous waste subject to regulation until it enters an exempt recycling unit. Pickle liquor that is destined for reclamation becomes a spent material (and K062) when removed from the pickling line. That K062 can be reused does not affect its regulatory status if it is regenerated before reuse. Pickle liquor reused without reclamation may be exempt.
 
05/18/1987CARBON SCRUBBER WASTES IN WHICH PRODUCT MATERIALS ARE CAPTUREDMemo
 Description: EPA regulates listed waste contained-in another material, such as spent carbon scrubbers (SEE ALSO: 66 FR 27266; 5/16/01). Unused Phorate pesticide that is volatilized into the air during production and captured in carbon filters is P094 (USE WITH CAUTION: see 56 FR 7200; 2/21/91). If Phorate is reclaimed or reused rather than destroyed, it is not a solid waste.
 
05/18/1987SPENT CARBON REGULATIONMemo
 Description: EPA regulates listed waste contained-in another material, such as spent carbon scrubbers (SEE ALSO: 66 FR 27266; 5/16/01). Unused Phorate pesticide that is volatilized into the air during production and captured in carbon filters is P094 (USE WITH CAUTION: see 56 FR 7200; 2/21/91). If Phorate is reclaimed or reused rather than destroyed, it is not a solid waste.
 
05/05/1987SPENT ION EXCHANGE RESINS AND FILTER AS HAZARDOUS WASTEMemo
 Description: Filters as well as anionic and cationic ion exchange resins used to remove pollutants from electroplating rinsewater meet the definition of sludges and are F006, even if they are not characteristic. Waste from the regeneration of F006 ion exchange resins is F006 (except recovered metal that is sold as a product).
 
05/01/1987DEFINITION OF SOLID WASTEQuestion & Answer
 Description: Waste sodium hydroxide (NaOH) that is used as a substitute for a commercial product in a tank clean-out is not a solid waste if it would function as a product in normal commercial use, unless it is speculatively accumulated. A generator may increase the effectiveness of a “product” by adding additional NaOH.
 
04/17/1987CLEAN SOLVENT FROM RECYCLED SOLVENT-CONTAINING WASTE - STILL BOTTOMSMemo
 Description: Clean solvent from a recovery process that is beneficially used is not a solid waste and is not subject to the land disposal restrictions (LDR). Still bottoms from solvent recovery are F-listed in 261.31 and are subject to Part 268.
 
04/17/1987SPENT LEAD-ACID BATTERIES BEING RECLAIMEDMemo
 Description: Waste destined for recycling has the same potential for harm as waste destined for treatment or disposal. Only those persons who reclaim lead-acid batteries are subject to regulation for storage prior to recycling (SEE ALSO: Part 273).
 
04/17/1987USED OIL DESTINED FOR RECYCLINGMemo
 Description: The decision to not list used oil (51 FR 41900; 11/18/86) did not constitute a decision to not regulate used oil. EPA will issue used oil management standards and combustion controls (SEE ALSO: Part 279). Used oil mixed with hazardous waste or PCBs is currently regulated. Burning off-specification used oil is regulated.
 
04/15/1987INDUSTRIAL FURNACES BURNING HAZARDOUS WASTES AND THE RESIDUALS GENERATED (LOUISIANA REG)Memo
 Description: The use constituting disposal regulations do not require that wastes be chemically bound or fixed; rather, regulations require that wastes have undergone chemical reaction so as to become inseparable by physical means. The Agency has no guidance as to the level of chemical reaction that must have occurred, but the waste must be chemically transformed and be an effective substitute for a commercial material. Residues from a kiln may be transformed. The Bevill exemption for mining and mineral processing wastes applies to waste, not to kilns which are not processing ores or minerals. The definition of solid waste rule (50 FR 614; 1/4/85) was promulgated pursuant to non-HSWA authority. Non-HSWA rules are not effective in base authorized states until the state revises its program. Louisiana is not authorized for the rule (SUPERSEDED: See 54 FR 48889; 11/28/89). The hazardous waste-derived fuel rule is a HSWA provision and is effective in all states, including Louisiana (SUPERSEDED: See 266.100).
 
04/15/1987SMALL QUANITITY GENERATOR INTERPRETATIONSMemo
 Description: A generator must count still the bottoms if the solvent is directly recycled without any storage. Recycled solvents are only counted once.
 
04/15/1987SPENT AND RECLAIMED SOLVENTS, BLENDING OF RECLAIMED XYLENEMemo
 Description: Blending recycled solvents to produce marketable solvent is not regulated. A solvent and chemical mixture from a blending error that is sold as a fuel becomes a solid and hazardous waste when it is determined that it is not suitable for solvent use. Hazardous waste fuel blending tanks are regulated.
 
04/01/1987STORAGE PRIOR TO RECYCLINGQuestion & Answer
 Description: A recycling facility that holds waste in a receiving bin (tank) when a distillation unit is not operating is subject to storage standards. A recycler who uses a receiving bin to convey solvent to a distillation unit is not subject to storage standards provided the tank never holds waste when the unit is not in operation.
 
03/31/1987SPENT PICKLE LIQUOR, REUSE OFMemo
 Description: Spent pickle liquor (K062) that is reused as a neutralizer may not qualify for the direct reuse exemption from the definition of solid waste (SW) depending on site-specific factors. K062 stored without being used for neutralization is clearly SW. The use in manner constituting disposal regulations only apply to wastes or waste-derived material that is placed on the land as a product.
 
03/26/1987DECISION NOT TO REQUIRE NOTIFICATION FROM GENERATORS WHO BURN SPECIFICATION USED OIL ON-SITEMemo
 Description: Used oil generators who also burn on-specification used oil on site do not need to notify (SEE ALSO: RPC# 1/20/87-03) (SUPERSEDED: see 279.70).
 
03/17/1987RESIDUES FROM U.S. NAVY SALVAGE FUEL BOILERMemo
 Description: Ash from a U.S. Navy salvage fuel boiler plant is not eligible for the household hazardous waste exclusion. The Bevill exemption for fossil fuel combustion wastes includes ash generated from combustion of coal-waste mixtures where coal makes up more than 50% of the fuel mixture (SEE ALSO: see 266.112).
 
03/11/1987REPLACEMENT UNIT, DEFINED - WASTE CONSOLIDATION FROM SEVERAL IMPOUNDMENTSMemo
 Description: A replacement surface impoundment or landfill is a unit that is taken out of service, emptied by removing waste, and reused. A replacement unit must meet minimum technological requirements before reuse. An impoundment may change to a landfill during interim status, but becomes a replacement unit under changes during interim status (SEE ALSO: 270.72(b)).
 
03/11/1987SOILS CONTAMINATED WITH CHLORDANE AND HEPTACHLOR DURING TREATMENT OF BUILDINGS FOR TERMITESMemo
 Description: Soil contaminated from the treatment of a home for termites with chlordane and heptachlor is not P-listed or U-listed, because the contamination is from normal pesticide use. The soil may be hazardous if it is characteristic. Addresses the contained-in policy.
 
03/06/1987AUTOMOTIVE FLUIDS, REGULATION OFMemo
 Description: Automotive fluids are not listed hazardous waste, but they may be characteristic. Some brake and automatic transmission fluids are ignitable (D001). Used crankcase oil may be ignitable and may exhibit EP (extraction procedure) for lead (SUPERSEDED: see 261.24). Used oil (UO) that is recycled by burning is subject to 266 Subpart E; other UO recycling is exempt (SUPERSEDED: see Part 279). Brake fluid, power steering fluid, and automatic transmission fluid would all be considered UO. Antifreeze and windshield wiper fluid are not UO (SEE ALSO: 279.1).
 
03/06/1987AUTOMOTIVE FLUIDS, STATUS OFMemo
 Description: Automotive fluids are not listed hazardous waste, but they may be characteristic. Some brake and automatic transmission fluids are ignitable (D001). Used crankcase oil may be ignitable and may exhibit EP (extraction procedure) for lead (SUPERSEDED: see 261.24). Used oil (UO) that is recycled by burning is subject to 266 Subpart E; other UO recycling is exempt (SUPERSEDED: see Part 279). Brake fluid, power steering fluid, and automatic transmission fluid would all be considered UO. Antifreeze and windshield wiper fluid are not UO (SEE ALSO: 279.1).
 
03/04/1987FOUNDRY SANDS RECYCLED AND RETURNED TO THE FOUNDRYMemo
 Description: Foundry sands that are accumulated for 90 days or less in tanks or containers prior to recycling are subject to 262.34. A storage permit is required if the foundry sands are stored on site for greater than 90 days.
 
03/01/1987GENERATION AND RECYCLINGQuestion & Answer
 Description: Recycling is a form of treatment. Recycling residues (still bottoms) are eligible for 262.34, including satellite accumulation. Still bottoms are not counted toward monthly generator determination if the spent solvents were already counted. The treatment activity is another distinct point of generation.
 
02/24/1987WASTEWATER TREATMENT UNITS ARE NOT DESIGNATED FACILITIES AND MAY NOT RECEIVE OFF-SITE HAZARDOUS WASTESMemo
 Description: A facility with an exempt wastewater treatment unit (WWTU) is usually not a designated facility and cannot accept manifested off-site waste. A POTW with a permit-by-rule is a designated facility. A designated facility is facility permitted, interim status, or a recycler (SUPERSEDED: See RPC# 3/26/98-01).
 
02/19/1987REPROCESSING OF BATTERIESMemo
 Description: Waste destined for recycling has the same potential for harm as waste destined for treatment or disposal. Only persons who reclaim lead-acid batteries are subject to regulation for storage prior to recycling (SEE ALSO: Part 273). RCRA 3017 mandated export regulations unless the Administrator is notified, the receiving country has consented, a copy of the consent is attached to the manifest, and the shipment conforms to the consent.
 
02/12/1987BATTERY RECYCLING AND EXPORTMemo
 Description: Waste destined for recycling has the same potential for harm as waste destined for treatment or disposal. Only persons who reclaim lead-acid batteries are subject to regulation for storage prior to recycling (SEE ALSO: Part 273). RCRA 3017 mandated export regulations unless the Administrator is notified, the receiving country has consented, the copy of consent is attached to the manifest, and the shipment conforms to the consent. EPA expects that exporters will not typically exceed the 90 day generator time limit.
 
02/11/1987SATELLITE ACCUMULATION AREA AND REGULATIONSMemo
 Description: A generator may accumulate up to 55 gallons of hazardous waste, or one quart of acutely hazardous waste, at a satellite accumulation area. EPA believes that only one waste would normally be accumulated at each area. There is no limit to the number of satellite areas at a generator site. A container in a satellite area does not have to be a specific size. There is no limit on the number of containers at a satellite area.
 
02/01/1987SMALL QUANTITY GENERATOR DETERMINATIONQuestion & Answer
 Description: A recycler who receives spent F005 solvents from off site must count both the still bottoms from solvent reclamation and the reclaimed solvent that is burned for energy recovery toward the monthly quantity determination. Reclaimed solvent used for solvent properties is not counted because it is beneficially reused.
 
01/20/1987NOTIFICATION BY BURNERS OF USED OIL WHO FIRST CLAIM THAT USED OIL MEETS SPECIFICATIONSMemo
 Description: 8700-12 notification is required for all persons who claim that their oil meets specifications (marketers). A handler may notify using either 8700-12, or a letter (SEE ALSO: 279.62).
 
01/07/1987BOILER VARIANCE FOR A WASTE HEAT RECOVERY BOILER NOT OF INTEGRAL DESIGN, DENIAL OFMemo
 Description: The definition of boiler and the boiler variance do not apply to combustors that are not of integral design.
 
01/06/1987SILVER RECOVERY IN THE PHOTOGRAPHIC INDUSTRY, CHEMICAL RECOVERY CARTRIDGES FORMemo
 Description: Properly washed photographic silver recovery units (e.g., steel wool cartridges, electrolytic recovery cells, ion exchange resins) are not hazardous waste if they are not characteristic. Residues from recovery units that treat wastewater are sludges and are not solid wastes when reclaimed (SEE ALSO: Part 266, Subpart F).
 
01/01/1987SPENT LEAD-ACID BATTERIESQuestion & Answer
 Description: A person who drains spent acid from battery shells is subject to the generator provisions if the acid exhibits a characteristic. Because the act of draining batteries is not part of the reclamation process, a person who drains but does not crack batteries is not subject to 266.80(b) (SEE ALSO: Part 273).
 
12/31/1986ENFORCEMENT POLICY ON WASTE BURNING FOR ENERGY RECOVERYMemo
 Description: Waste with a heating value below 5000 Btu/lb is not a bona fide fuel and is considered to be incinerated when burned in a BIF. The 5000 Btu/lb criterion of the sham recycling policy does not apply to each individual chemical or constituent of the waste, but applies to the aggregate waste as generated before mixing (SUPERSEDED: see RPC# 11/8/94-01).
 
12/23/1986BURNING CHARACTERISTIC OFF-SPECIFICATION PETROLEUM PRODUCTS FOR ENERGY RECOVERYMemo
 Description: Listed or characteristic off-specification CCPs that are themselves fuels are not solid wastes when burned for energy recovery. Burning in an incinerator is burning for destruction, not energy recovery. Fuel mixed with used oil would be subject to regulation as off-specification used oil if the flash point is under 100 F (SEE ALSO: Part 266).
 
12/19/1986REGULATORY STATUS OF PRECIOUS-METAL CONTAINING WASTES THAT ARE RECLAIMEDMemo
 Description: Reclamation of precious metal-containing hazardous waste is subject to notification, recordkeeping, and manifesting.
 
12/19/1986TANK SYSTEMS APPLICABLE TO PRODUCTION TANKS DURING CLEANOUT, PROCESS TRANSFER EQUIPMENT, AND HOSE LINESMemo
 Description: A manufacturing process tank cleaned within 90 days after production ceases is not an accumulation tank. Discusses the status of a product hose line used for waste. Reused material from incomplete production is not a solid waste. Process equipment transferring hazardous waste (HW) is part of a HW tank system. Engineer certification for tanks must account for all factors in the regulations.
 
12/05/1986SOLVENTS USED AS REACTANT AND SOLVENT WASTES GENERATED BY A PRODUCTION PROCESSMemo
 Description: Process waste containing xylene used as a reactant in the formulation of sodium xylenesulfonate CCP is not F003. Still bottoms from the distillation of excess reactant xylene are not F003. Spent xylene and still bottoms from xylene recovery are not U239. Characteristic still bottoms are not subject to the F001-F005 treatment standards promulgated in the solvents and dioxins rule (51 FR 40638; 11/7/86).
 
12/05/1986SOLVENTS USED AS REACTANT NOT LISTED AS SPENT SOLVENT OR COMMERCIAL CHEMICAL PRODUCTMemo
 Description: Process waste containing xylene used as a reactant in the formulation of sodium xylenesulfonate CCP is not F003. Still bottoms from the distillation of excess reactant xylene are not F003. Spent xylene and still bottoms from xylene recovery are not U239.
 
12/04/1986REGULATORY INTERPRETATION REGARDING SPENT REFRACTORY BRICKS THAT ARE PROCESSED AT THE UNIVERSAL MATERIALS, INC. FACILITY IN MAGADORE, OHIOMemo
 Description: Spent refractory bricks as ingredients in new bricks are not solid waste unless speculatively accumulated. Processing (briquetting, crushing, repackaging) not recovering material values is not reclamation. If direct reuse is exempt, the spent material or by-product status is irrelevant. Waste pile representative sampling should entail dividing the waste pile into quadrants with each quadrant sampled using a two-dimensional grid and a random vertical core sample.
 
12/02/1986SOLVENT RECLAMATION OPERATIONS AT SEMICONDUCTOR FIRMS AND APPLICABLE REGULATIONSMemo
 Description: Spent solvent reclamation at a generator facility is exempt treatment. The spent solvent is subject to regulation prior to reclamation. Generators managing spent solvents under 262.34 prior to reclamation are not subject to permitting.
 
12/01/1986EXISTING UNITS AND MIMIMUM TECHNOLOGY STANDARDSQuestion & Answer
 Description: Removing waste from a landfill, stabilizing it, and replacing it is not reuse or replacement of a landfill provided it is part of closure and no new waste is added. The landfill is still an existing unit and is not subject to the minimum technology standards of section 3004(o) (SEE ALSO: 57 FR 3464-3465; 1/29/92).
 
12/01/1986LAND DISPOSAL RESTRICTIONS - STORAGE OF RESTRICTED WASTESQuestion & Answer
 Description: A restricted waste may be stored for up to one year to facilitate proper recovery, treatment, or disposal. The owner/operator may store waste beyond one year but must bear burden of proof. The storage prohibition does not apply to delays due to maintenance, back-ups, or operational difficulties.
 
12/01/1986WASTES GENERATED IN PROCESS UNITSQuestion & Answer
 Description: Safety-Kleen parts washers are not exempt manufacturing process units under section 261.4(c). A solvent is considered spent when it can no longer be used, and spent materials are solid wastes when they are reclaimed. An operator becomes a generator when the cleaning apparatus is removed from drum.
 
11/28/1986TANK RULES APPLIED TO WWT UNITS AND DISTRIBUTION SYSTEMSMemo
 Description: A wastewater treatment unit (WWTU) is not subject to permitting. The closed-loop exclusion applies to a reclaimed material returned to the production process, production process is the manufacturing or primary activity. A manhole or sump serving as secondary containment must comply with Subpart J except for section 264.193.
 
11/24/1986PROPOSED PERMIT-BY-RULE FOR USED OIL RECYCLERSMemo
 Description: The filing of a used oil burner notification form 8700-12 before the effective date of the used oil rule will not subject the filer to the standards. Filing 8700-12 does not subject the filer to section 3004(u) corrective action. 8700-12 is not a permit application. A discussion of the proposed permit-by-rule provision for used oil recyclers per section 3014(d).
 
11/19/1986RECYCLED PRECIOUS METALS, BATTERIES FROM DEFENSE DEPT. SUPPLIESMemo
 Description: Buttons, glass frames, insignia, electronic scrap, if not exempt scrap metal, are spent material. Recycling non-scrap metal can be precious metal recovery. A silver recovery cartridge only partially reclaimed is subject to regulation (SEE ALSO: RPC# 8/4/95-01, Part 273). Products reclaimed from hazardous waste are not regulated. Waste burned in an incinerator or other non-BIF thermal device are abandoned. Materials or energy recovery that occurs is considered ancillary to incineration.
 
11/12/1986BURNING USED OIL AND THE LEAD SPECIFICATIONMemo
 Description: A decision to set used oil (UO) lead specification at 100 ppm is not affected by the lack of consideration of lead banking. The only effect of lead banking is to modestly increase estimates of the amount of off-specification used oil. EPA must propose action on a petition for rulemaking before taking final action. EPA prohibits nonindustrial boilers from burning off-specification used oil (SEE ALSO: 279).
 
11/08/1986ETCHANTS USED TO MANUFACTURE COPPER SALTSMemo
 Description: Used etchants are spent materials. The reuse of etchants to produce a basic copper sulfate is not solid waste management (SEE ALSO: 50 FR 614; 1/4/85). The production of copper sulfate solution is reclamation and is solid waste management.
 
11/06/1986REGULATORY STATUS OF ETCHANTS USED FOR MANUFACTURE OF COPPER SALTSMemo
 Description: Spent etchants are spent materials. Used etchant destined for processing to produce copper sulfate solution is a reclaimed spent material and a solid waste (SW). Spent etchants (copper chloride, copper ammonium chloride) reused as raw materials for copper salts are not SW if not reclaimed first.
 
11/01/1986HAZARDOUS WASTE FUEL IN INCINERATORSQuestion & Answer
 Description: An off-specification commercial chemical product (CCP) that is itself fuel or a component of fuel (e.g., benzene) is a hazardous waste when burned as a start-up fuel in an incinerator. Incinerators cannot use hazardous wastes as start-up or shut-down fuels unless the incinerator is operating within steady-state conditions or conditions specified in a permit.
 
11/01/1986PROHIBITION ON STORAGE OF RESTRICTED WASTEQuestion & Answer
 Description: A generator of a restricted waste may still obtain a 30 day extension to a 90 day accumulation time limit. In addition, generators who need to store restricted waste for longer than 90 days to facilitate recovery, treatment, or disposal may qualify for interim status and apply for a permit.
 
10/20/1986SCRAP METAL REMOVED FROM SPENT ALKALINE BATTERIES THAT ARE RECYCLEDMemo
 Description: Zinc bar, nickel and cadmium plate, and steel scrap from batteries are scrap metal. Mixtures of scrap metal and non-scrap metal (lead oxide sludge) removed from a spent lead-acid battery are hazardous waste, not scrap metal. Scrap metal is exempt when it is recycled whether it is characteristic or not. Metal that contains only an oily film is still scrap metal (SEE ALSO: 261.4(a)(13) exclusion for processed scrap metal).
 
10/20/1986WASTE ACID AS WASTEWATER CONDITIONER AND AS INGREDIENT IN FERTILIZERMemo
 Description: Phosphoric acid used as a wastewater conditioner is not a solid waste (SW). Phosphoric acid used to produce a fertilizer is not a SW if it is purer in acid content and no more contaminated than virgin phosphoric acid that is typically used. The generator maintains the burden of proof.
 
10/08/1986HAZARDOUS WASTES THAT ARE RECYCLED, HANDLINGMemo
 Description: Transportation and storage before recycling and disposal are equivalent. The value of waste to be recycled is not sufficient to exempt it from regulation. The regulation prior to recycling applies only to hazardous waste.
 
10/01/1986EXPORT OF RECYCLABLE MATERIALSQuestion & Answer
 Description: Primary exporters of recyclable materials that are used for precious metals recovery are subject to the export regulations. Transporters must ensure the Acknowledgment of Consent accompanies the shipment, and that the shipment conforms to the Acknowledgment of Consent.
 
09/29/1986SOIL CONTAMINATED WITH CHLORDANE AS A RESULT OF PESTICIDE APPLICATIONMemo
 Description: While unused CCP chlordane is listed as U036 when it is discarded, land application of chlordane pesticide product does not make it a solid waste even though it is used in a manner constituting disposal, since placement on land is the pesticide’s intended purpose (261.2(c)(1)(B)(ii)). Soil contaminated with chlordane as a result of pesticide application is a hazardous waste only if excavated for disposal and characteristic.
 
09/15/1986USED OIL FIRED SPACE HEATERSMemo
 Description: Used oil (UO) can be burned in a space heater if it is generated on-site or collected from Do-It-Yourselfers (DIYs), it is not mixed with a hazardous waste, the heater has a maximum capacity of less than 0.5 million Btu/hour, and flue gases are vented outdoors (e.g., chimney).
 
09/15/1986USED OIL FOR INDUSTRIAL BURNERSMemo
 Description: Burning on-specification used oil (UO) is not regulated, but the on-site burner must notify as a marketer if the first claim meets the specification. They must be able to demonstrate the UO meets specification. Lab analysis is a good way to demonstrate specification. Burning off-specification UO is regulated. It may only be burned in industrial devices (attachment describes lead banking and relationship between UO regulations and Clean Air Act regulations). A mixture of UO and hazardous waste (HW) is HW. Under the rebuttable presumption, at a 1000 ppm halogen concentration EPA will presume the UO has been mixed with a halogenated HW. The presumption can be rebutted by demonstrating that all halogens are inorganic.
 
09/11/1986COMMERCIAL FERTILIZER THAT CONTAINS K061 WASTEMemo
 Description: A zinc micronutrient fertilizer containing electric arc furnace dust (K061) is exempt from regulation if it is produced for the general public's use and handling is commensurate with zinc fertilizer management. A discussion of the definition of zinc micronutrient fertilizer.
 
09/11/1986COMMERCIAL FERTILIZERS CONTAINING K061 WASTESMemo
 Description: Zinc micronutrient fertilizer containing electric arc furnace dust (K061) is exempt from regulation if it is produced for the general public's use and handling is commensurate with zinc fertilizer management. Discussion of the definition of zinc micronutrient fertilizer.
 
09/08/1986COUNTING DRY CLEANING INDUSTRY WASTE ONLY AFTER REMOVAL FROM THE PROCESS - SQG RULEMemo
 Description: Solvent filter cartridges and still bottoms are only counted to determine a generator’s regulatory status when removed from the dry cleaning process. Materials that are reused one or more times within a calendar month need only be counted once. Solvents in a dry cleaning machine are not subject to counting if the machine qualifies as a closed-loop reclamation process.
 
09/01/1986EXPORT OF HAZARDOUS WASTEQuestion & Answer
 Description: A characteristic by-product being exported for regulation is not a solid waste and not subject to the exporting requirements. A generator exporting a characteristic by-product for recycling is subject to the section 261.2(f) documentation that the material is not a solid waste. The exporter should be able to demonstrate a known market or disposition for material.
 
08/22/1986HYDRAULIC DEVICES CONTAMINATED WITH OIL DURING QUALITY CONTROL TESTINGMemo
 Description: Used oil from hydraulic equipment is hazardous waste if it is characteristic or if the proposed used oil listing is finalized (SUPERSEDED: See 51 FR 41900; 11/19/86, 57 FR 41566; 9/10/92, and Part 279). Hydraulic equipment contaminated with used oil during quality control testing conducted prior to sale and distribution is not subject to the mixture rule because the equipment is a product, not a solid waste.
 
08/21/1986EXEMPTION FOR COMMERCIAL FERTILIZERS ONCE THE FERTILIZER IS PRODUCEDMemo
 Description: K061 as fertilizer is use in manner constituting disposal. Fertilizer production waste is K061 via the derived-from rule. Once K061-derived zinc fertilizer is produced for general public use, it is exempt. Fertilizer should be handled as a comparable fertilizer product. Zinc fertilizer made with HW is not commercial fertilizer until it is reacted with sulfuric acid, granulated, and sized.
 
08/18/1986SPENT PICKLE LIQUOR USED/REUSED IS NOT SOLID WASTEMemo
 Description: Spent pickle liquor that is used or reused as defined in 261.1(c)(5) is not a solid waste and is not subject to hazardous waste regulation.
 
08/12/1986HALOGEN ACID FURNACES AS INDUSTRIAL FURNACES OR BOILERSMemo
 Description: Halogen acid furnaces (HAFs) that burn secondary streams as an ingredient and for energy recovery are not boilers and should be classified as industrial furnaces. Heat from burning streams fuels the furnace reactions. Energy recovery does have to involve export of energy from a combustion device.
 
08/06/1986MOBILE SOLVENT RECYCLER, GENERATOR DETERMINATION FORMemo
 Description: A contractor recycling a solvent at a generator site using a mobile treatment technology is not a cogenerator if the solvent was a hazardous waste before the contractor comes on-site or if the solvent was stored prior to recycling since the contractor activity did not cause a waste to become subject to regulation (SEE ALSO: 45 FR 72024; 10/30/80).
 
08/01/1986SQG QUANTITY DETERMINATIONSQuestion & Answer
 Description: All counting occurs on a month-to-month basis. The multiple counting exemption in section 261.5(d)(3) applies only within one month. Solvent waste counted and reclaimed in October must be counted again if the solvent is reused in November.
 
07/31/1986USED OIL, BURNING OF OFF-SPECIFICATION FUEL - DUMPINGMemo
 Description: Burners of off-specification used oil are only required to notify EPA and comply with the paperwork requirements (SUPERSEDED: see Part 279, Subpart G).
 
07/28/1986BATTERY RECONDITIONINGMemo
 Description: The regeneration and resale of used lead-acid batteries (battery) is exempt from regulation (SUPERSEDED: 261.6(a)(3)(ii) removed in 60 FR 25535; 5/11/95) (SEE ALSO: 266.80(a) and Part 273).
 
07/28/1986HOLDING, TEMPORARY, PERIOD, STORAGE, AND DISPOSAL (DEFINITIONS)Memo
 Description: Holding is not defined in RCRA, but means the containment in a storage unit. A discussion of the definition of storage and disposal. A temporary period is not defined in RCRA, but it is related to closure and financial assurance. A pipe, funnel, or hose used to transfer waste to or from a storage unit is regulated as part of the unit.
 
07/15/1986ACTIVATED CARBON CANISTERS SATURATED WITH SPENT SOLVENTSMemo
 Description: Degreasing vapors with Freon 113, TCE, and methylene chloride are not solid waste until absorbed into carbon (not contained gases) (SEE ALSO: 56 FR 7200; 2/21/91). Spent carbon canister is not hazardous waste via the mixture rule, but may be characteristic.
 
07/11/1986LEAD-ACID BATTERY IMPROPER DISPOSALMemo
 Description: An individual consumer may dispose of lead-acid batteries (battery) (baunder household hazardous waste (HHW) exemption). EPA regulates storage of lead-acid batteries by the reclaimer prior to the reclamation, but not the generation, storage, or transportation by other persons (SEE ALSO: Part 273).
 
07/02/1986REGENERATION OF USED BATTERIES EXEMPTED FROM REGULATIONMemo
 Description: Discusses the regulatory status of regenerated batteries (battery) under Section 261.6(a)(3)(ii) (SUPERSEDED: See Part 273, 60 FR 25535; 5/11/95, and current Section 261.6(a)(3)). Discusses the definition of regeneration.
 
06/30/1986BURNING OF OFF-SPEC USED OILMemo
 Description: Off-specification used oil may be burned in industrial boilers. Only burning of off-specification used oil in nonindustrial boilers is prohibited pursuant to section 266.44 (SUPERSEDED: see 279.61).
 
06/27/1986USED OIL FUELS BURNED IN INCINERATORSMemo
 Description: Used oil (UO) regulations currently do not apply to UO burned as an auxiliary fuel in Subpart O incinerators, unless the UO exhibits a characteristic or is listed (SUPERSEDED: see 279.12, 279.61). Burning of auxiliary fuel in an incinerator is generally burning for destruction and not for energy recovery. Open burning of UO in pits for fire training is not regulated unless it is listed or exhibits a characteristic (SEE ALSO: RPC# 7/22/87-01).
 
06/10/1986MINING WASTE EXCLUSION FOR A FERROALLOY FACILITYMemo
 Description: Wastes from ferroalloy facility producing ferrosilicon (silvery iron) are not excluded under the section 261.4(b)(7) Bevill exemption for mining and mineral processing wastes. Metal scrap is neither an ore nor a mineral. If predominant input is a scrap steel or old batteries (battery) then the wastes from the facility are not excluded by section 261.4(b)(7).
 
06/01/1986REGULATION OF SLUDGES WHEN RECLAIMEDQuestion & Answer
 Description: An explanation of why listed sludges are solid wastes when reclaimed, but characteristic sludges are not solid wastes when reclaimed. An overview of the criteria for listing sludges that are more waste-like than product-like.
 
05/31/1986HSWA PROHIBITION ON THE USE OF HAZARDOUS WASTE AS A DUST SUPPRESSANTMemo
 Description: HSWA prohibits the use of hazardous waste (HW) as a dust suppressant. Used oil may be used as dust suppressant if it is not HW or mixed with HW (SUPERSEDED: see 279.82).
 
05/30/1986MERCURY SUITABLE FOR DIRECT USE (99% PURE) NOT SOLID WASTEMemo
 Description: Used mercury that is 99% pure and is destined for refining is not a solid waste. Used metals that are suitable for direct use or reuse, or that only need to be refined before use, are a product and not a solid waste.
 
05/23/1986USED X-RAY FILMSMemo
 Description: Based on trade association data, x-ray film does not appear to be hazardous waste (HW). Nonetheless, each generator is responsible for making this determination. If HW x-ray film is sent for precious metal recovery, the generator must manifest the waste and get an D number.
 
05/20/1986SPENT SOLVENT RECOVERY, WASTE MANAGEMENT TAXMemo
 Description: Recovered solvents are no longer wastes. Solvents blended with oil and burned are still hazardous wastes. A discussion of taxes on hazardous wastes.
 
05/20/1986USED X-RAY FILM AS A SPENT MATERIAL - SILVER RECLAMATIONMemo
 Description: Used x-ray film is a spent material, but it is not specifically listed hazardous waste (HW). Although trade association data suggest it is not characteristic, each generator is responsible for the HW determination. If HW x-ray film is sent to a silver reclaimer, the generator must get an ID number and manifest the waste.
 
05/12/1986DEIONIZATION ACID REUSED, NOT A WASTEMemo
 Description: Corrosive materials (deionization acid) that are beneficially reused as effective substitutes for a virgin material, meet relevant specifications for contamination levels, and used under controlled conditions are not solid waste. Discussion of the retroactive application of exclusions from the definition of solid waste. A surface impoundment holding waste which has never been solid waste need not be closed.
 
05/01/1986BY-PRODUCT CRUDE OIL TANK BOTTOMSMemo
 Description: Fuels produced at a refinery from crude oil tank bottoms are not solid wastes. Recyclable materials are hazardous waste that are recycled (SEE ALSO: 261.6(a)(3)(iii)). Crude oil tank bottoms are by-products (SEE ALSO: new K169 listing, added 63 FR 42110; 8/6/98). Tank bottoms being refined into fuel are solid wastes, subject to regulation before recycling (SEE ALSO: 261.4(a)(12)).
 
05/01/1986HAZARDOUS WASTE EXPORT RULEMemo
 Description: Spent lead-acid batteries (battery) sent to Taiwan for reclamation are exempt from the hazardous waste exportation regulations since the generator does not reclaim batteries. Section 266.80 exempts the generator from Part 262 requirements. (SUPERSEDED: See 266.80(a)(6)-(7))
 
05/01/1986SPENT SOLVENTSQuestion & Answer
 Description: Clumps of varnish removed from spent methylene chloride that are used as a stripper meet the F002 listing due to the derived-from rule. Methylene chloride is no longer F002 once it has been reclaimed (after varnish clumps have been removed).
 
04/30/1986PROPOSED REGULATION TO LIST USED OIL AS A HAZARDOUS WASTE - MIXTURE RULE EXEMPTIONMemo
 Description: EPA is considering an exemption for scrap metal mixed with used oil (SEE ALSO: 261.4(b)(13) and 279.10(c)).
 
04/28/1986COMMERCIAL CHEMICAL PRODUCTS, RECYCLING A MIXTURE OFMemo
 Description: CCPs or mixtures of CCPs (e.g., methyl isocyanate and methylene chloride) reclaimed or used for their intended purpose (e.g., in manufacturing process) are not solid waste, and are not regulated. The mixture does not need to be manifested and the receiving facility does not need a storage permit.
 
04/21/1986BURNING OF USED OIL IN THE MARINE INDUSTRY AND USED OIL GENERATOR NOTIFICATION REQUIREMENTSMemo
 Description: Used oil (UO) burned in marine engines is not regulated. The burning of UO in a shipboard steam boiler is regulated. A shipboard steam boiler is considered an industrial boiler. Ships burning UO that is generated on board must notify as burners if it is off-specification UO. UO generators are not required to notify unless they market directly to a burner. If a ship transfers UO to a transporter, the transporter, not the ship, may be a marketer.
 
04/16/1986MOBILE RECYCLING UNIT FOR REPROCESSING WASTE SOLVENTSMemo
 Description: Vehicles that do not transport hazardous waste do not need manifests or transporter status. Reclamation activities are not regulated. Storage, transportation associated with recycling are regulated. In authorized states, comply with the state rules.
 
04/11/1986ADMINISTRATIVE CONTROLS AND STORAGE STANDARDS FOR MARKETERS OF HAZARDOUS WASTEMemo
 Description: A historical discussion of regulations applicable to marketers and burners of hazardous waste-derived fuels and used oil fuels. The standards apply to owners and operators of facilities, either owner or operator may choose to comply with the standards (SUPERSEDED: 266, Subpart D, removed by 56 FR 7194; 2/21/91) (SEE ALSO 266.100; 279.60; 279.61; and 279.70).
 
04/11/1986HAZARDOUS WASTE FUEL CADENCE PRODUCT 312, REGULATION OFMemo
 Description: A summary of all hazardous waste-derived fuel storage or transportation that are newly subject to regulation. The exemption for fuels produced by a person who neither generates nor burns them has been removed (SUPERSEDED: 266, Subpart D, removed by 56 FR 7194; 2/21/91; See 266.100).
 
04/08/1986HAZARDOUS WASTE HAS BEEN MIXED WITH USED OIL (1000PPM TOTAL HALOGENS) (REBUTTABLE PRESUMPTION)Memo
 Description: Used oil (UO) failing the rebuttable presumption is presumed to be mixed with a listed hazardous waste (HW) and is itself a listed HW. The owner or operator can rebut the presumption by showing no significant concentrations of Appendix VIII constituents. Fuel produced by treating used oil to remove chlorides, and thus reduce halogen level, is still a HW. This type of treatment requires permit.
 
04/02/1986CARBON REGENERATION FACILITIESMemo
 Description: Spent carbon is normally a spent material unless it is from pollution control, then it is a sludge. It is regulated if it contains a listed or characteristic hazardous waste (HW) (SEE ALSO: 66 FR 27266; 5/16/01). If it contains a characteristic sludge or by-product, it is not a solid waste (SW) when reclaimed. Storage before regeneration is regulated. The regeneration operation (including afterburner) is exempt from regulation (SUPERSEDED: see Part 266, Subpart H, 56 FR 7200; 2/21/91, and 261.6(d)).
 
04/02/1986CARBON REGENERATION FACILITIESMemo
 Description: Spent carbon is a spent material or sludge and a solid waste. Spent carbon may be exempt if the sludge is being reclaimed. It may be hazardous if contains a listed waste or exhibits a characteristic. Carbon regeneration units are exempt recycling units (SUPERSEDED: See 56 FR 7200; 2/21/91). Unlikely off-gas vaporization is a legitimate or bona fide recycling process.
 
04/02/1986CLOSURE OF A DOE SURFACE IMPOUNDMENT THAT LOST INTERIM STATUSMemo
 Description: A waste from a surface impoundment that lost interim status may be removed, treated, and placed back in the unit at closure. The replacement of waste from the same surface impoundment for closure does not constitute reuse. When unable to remove all constituents from the unit the owner or operator should follow section 265.310 closure as a landfill requirements.
 
04/02/1986MERCURY THERMOMETERS, RECLAIMED OFF-SPEC AND BROKENMemo
 Description: Unused off-specification and broken thermometers are CCPs and are not solid waste when reclaimed. Neither listed nor characteristic CCPs are solid waste when reclaimed.
 
03/26/1986REPLACEMENT UNIT, DEFINITION, FOR SURFACE IMPOUNDMENTMemo
 Description: A replacement surface impoundment unit must retrofit to meet the liner and leachate collection system standards. Replacement unit means a unit is taken out of service, all or substantially all of the waste is removed, and the unit is reused. A surface impoundment is out of service if the normal flow of waste ceases. Ninetyfive percent (95%) removal is substantial removal. The receipt of new waste is reuse.
 
03/19/1986RECYCLED GASOLINE/WATER AND FUEL OIL/WATER MIXTURESMemo
 Description: Gas and water or oil and water mixtures are not regulated when reclaimed to produce fuels because they are considered off-specification CCP normally used as fuels. Virgin gas incinerated to recover energy is not a solid waste as gas is typically burned as a fuel.
 
03/19/1986WASTE-AS-FUEL RULES AT DOD FACILITIES, IMPLEMENTATIONMemo
 Description: A historical discussion of the DOD approach to the implementation of hazardous waste-derived fuels and the off-specification used oil fuels marketer and burner regulations (SUPERSEDED: see 56 FR 7194; 2/21/91; see 57 FR 41566; 9/1/92).
 
03/15/1986Guidance Manual on the RCRA Regulation of Recycled Hazardous WastesPublication
 Description: This document provides guidance to state and EPA regional personnel who must determine which materials, when recycled, are solid and hazardous wastes. In addition, persons who recycle materials or generate materials that are recycled may use this manual to determine which regulations apply to them. Guidance is primarily provided in the form of examples illustrating application of the regulations to actual recycling practices.
 
03/13/1986ON-SITE RECYCLING OF SPENT SOLVENTS BY GENERATORSMemo
 Description: Operational units are exempt from regulation when operations involve recycling hazardous waste. Storage before recycling is regulated. The recycling practices constituting disposal are not exempt.
 
03/08/1986OFF-SPECIFICATION JET FUEL BURNED AS KEROSENE FUELMemo
 Description: Off-specification jet fuel being burned as kerosene is not a solid waste, even though it is not fueling jets. Off-specification CCP is not a solid waste if it is used for its original purpose.
 
03/05/1986BURNING OFF-SPECIFICATION USED OIL FUEL IN GREENHOUSESMemo
 Description: An industrial boiler (BIF) is one which produces electric power, steam, or heated or cooled air, or other gases or fluids for the use in a manufacturing process. The definition is meant to distinguish these from non-industrial boilers heating residences or commercial buildings. A boiler used in agricultural processes, such as greenhouses, are industrial boilers. The supplier of off-specification used oil (UO) to the nursery is a marketer and the nursery is subject to the used oil burner standards.
 
03/01/1986FUME INCINERATORSQuestion & Answer
 Description: A fume incinerator used only to destroy gaseous emissions from an industrial process is not subject to RCRA because fume input is an uncontained gas, not a solid waste. The unit burning hazardous waste as a fuel is subject to Subpart O unless it is a BIF.
 
03/01/1986HAZARDOUS WASTE FUELQuestion & Answer
 Description: A hazardous waste fuel produced by blending, or an other treatment is subject to regulation when burned for energy recovery in a BIF. The exemption for fuels produced by a person who neither generates nor burns them has been removed (SUPERSEDED: 266 Subpart D removed by 56 FR 7194; 2/21/91; See 266.100).
 
02/28/1986MIXING HAZARDOUS WASTE WITH USED OIL (REBUTTABLE PRESUMPTION)Memo
 Description: The rebuttable presumption only applies to used oil (UO) to be burned for energy recovery (SUPERSEDED: see 279.10(b)). The rebuttable presumption does not establish a new characteristic. A “significant concentration” that would indicate mixing depends on halogenated compounds found and circumstances of generation and collection. UO with less than 100 ppm of F001 or F002 constituents can rebut the presumption. Rebuttal analysis should measure the Appendix VIII compounds used at a facility and those reasonably expected to enter a UO waste stream.
 
02/25/1986TORPEDO PROPULSION UNITS SHIPPED FOR RECYCLING, REGULATION OFMemo
 Description: Metal torpedo components which must be decontaminated before reuse are not exempt under 261.2(e). Components are scrap metal and are exempt when reclaimed. A sump defined as a tank can be a wastewater treatment unit (WWTU). Hazardous waste (HW) surface impoundments are not WWTUs. If it is storing HW prior to neutralization and is not part of WWTU or other exempt unit, a sump is subject to 262.34 or Parts 264/Part 265.
 
02/13/1986APPLICABILITY OF PERMITTING REGULATIONS TO RECYCLERS Memo
 Description: A recycling facility that does not store waste prior to recycling does not need a RCRA Subtitle C permit. The facility must comply with the 3010 notification requirements and the manifest requirements of 265.71 and 265.72.
 
02/13/1986BURNING USED OIL IN SPACE HEATERS, INDUSTRIAL FURNACES, AND BOILERSMemo
 Description: Pursuant to Part 266 Subpart E (SUPERSEDED: see Part 279) service stations and repair shops are allowed to burn used oil (UO) generated on-site and UO accepted from Do-It-Yourselfers (DIYs), but not UO accepted from other businesses in space heaters. Off-specification used oil can be burned in an industrial boiler, but not in heating boilers, on-site where generated without analysis for specification (SEE ALSO: 50 FR 49191; 11/29/85 and 279.61(a)(2)(ii)).
 
02/11/1986TOTALLY ENCLOSED TREATMENT EXEMPTION FOR SCRAP METAL RECYCLERMemo
 Description: A tank treating emission control dust at a scrap metal recycler is not a totally enclosed treatment unit (TETU) since the treatment occurs downstream of the baghouse, and the baghouse is not part of the production process. Characteristic emission control dust is a sludge, and is not a solid waste if recycled. If the dust is returned to cupola for metal recovery, the process is exempt reuse.
 
02/11/1986USED OIL AND OIL BEARING HAZARDOUS WASTE-DERIVED REFINERY PRODUCTSMemo
 Description: Hazardous waste-derived refinery products are exempted by section 261.6(a)(3)(iv) when both hazardous waste and used oil are introduced into the refining process. Such derived products are not used oils. Refinery products derived solely from used oil are not used oils.
 
02/11/1986USED OIL INTRODUCED INTO REFINERY PROCESS UNDER HAZARDOUS WASTE DERIVED REFINERY FUEL PRODUCTS EXEMPTIONMemo
 Description: Hazardous waste-derived refinery products are exempted by section 261.6(a)(3)(iv) when both the hazardous waste and the used oil are introduced into the refining process. Such derived products are not used oils. Refinery products derived solely from used oil are not used oils.
 
02/09/1986MARKETING OR BURNING HAZARDOUS WASTE FUEL, NOTIFICATION OFMemo
 Description: A historical discussion of the notification and manifest requirements for hazardous waste-derived fuel handlers (SUPERSEDED: see 56 FR 7194; 2/21/91; see 266.100).
 
02/06/1986REUSE/RECYCLE REGULATIONS IMPACT ON SPENT LEAD-ACID BATTERY RECYCLINGMemo
 Description: A request that EPA reconsider a position on whether to regulate battery (batteries) components generated from breaking and separation operations. The lead-acid battery recycle/reuse rules is promulgated to ensure storage and transportation conducted in environmentally safe manner (SEE ALSO: Part 273). The insurance industry has curtailed writing new environmental insurance policies.
 
02/06/1986WASTE MINIMIZATION AND INCLUSION OF RECYCLINGMemo
 Description: The waste minimization certification on the manifest, a biennial report, and a TSDF permit, is mandatory (3002(b)) (SUPERSEDED: no longer required on biennial report, see 1997 Hazardous Waste Report Instructions). There is no guidance on what constitutes a waste minimization program or activity. The generator determines compliance with the waste minimization criteria. Recycling is a form of waste minimization.
 
02/04/1986REGULATORY STATUS OF PHOTOGRAPHIC FILMS AND PAPERS UNDER RCRA SUBTITLE CMemo
 Description: Photo film and paper are not listed hazardous waste (HW). They are HW if characteristic. Data suggest they are usually not toxic by the extraction procedure (EP) (SUPERSEDED: See 261.24). The generator must make the determination. Even if not contaminated, used photo film and paper removed from service to recycle are spent materials. Unless characteristic, spent material status irrelevant.
 
02/01/1986SOLID AND HAZARDOUS WASTE, DEFINED FOR SPENT SULFURIC ACIDQuestion & Answer
 Description: Spent sulfuric acid reintroduced into the sulfuric acid production process is excluded from solid waste definition under section 261.4(a)(7). Spent sulfuric acid is subject to the speculative accumulation provision. Spent sulfuric acid may be a solid and a hazardous waste if disposed rather than used as feedstock.
 
02/01/1986SPECIFICATION USED OIL FUELQuestion & Answer
 Description: A marketer who first claims used oil fuel meets specifications is subject to Part 266, Subpart E. Subsequent marketers of specification fuel are not subject to regulation, unless they mix specification used oil with off-specification oil or hazardous waste (SUPERSEDED: See Part 279).
 
01/24/1986WASTE-DERIVED FUELS AT IRON AND STEEL MILLS AS PRODUCTS OR WASTE FUELS, INFORMATION REQUIREDMemo
 Description: The classification of waste-derived coke/coal tar as a product or waste-derived fuel turns on whether recycling significantly affects the composition, whether waste-derived coke has significantly higher levels of hazardous constituents. The list of constituents to be analyzed, with SW-846 methods (SEE ALSO: 261.4(a)(10)).
 
01/22/1986COPPER PLATING SOLUTIONMemo
 Description: Materials incorporated into products used on the land are a solid waste (SW) and potentially a hazardous waste (HW) under the use in manner constituting disposal provisions. Corrosive (D002) spent copper sulfate bath used in a fertilizer is a SW and a HW. A commercial fertilizer product derived from a characteristic HW is not regulated (SUPERSEDED: see 266.20(b)).
 
01/22/1986COPPER PLATING SOLUTION REACTED WITH A CHELATING AGENT TO PRODUCE A COMMERCIAL FERTILIZERMemo
 Description: Materials incorporated into products used on the land are solid waste (SW) and potentially hazardous waste (HW) under “use in manner constituting disposal“ provisions. Corrosive (D002) spent copper sulfate bath used in fertilizer is SW and HW. Commercial fertilizer product derived from characteristic HW is not regulated (SUPERSEDED: see 266.20(b)).
 
01/21/1986MERCURY, REFINING/REUSE OF SCRAPMemo
 Description: Free-flowing, 99% pure mercury is not a solid waste (SW). Metals suitable for direct use, or that only need to be refined to be usable are products, are not wastes. Any electrical switches, instruments, scrap batteries (battery), or other spent materials from which such pure mercury will be reclaimed are SW.
 
01/21/1986SULFUR RECOVERY FURNACES ARE INDUSTRIAL FURNACES SUBJECT TO THE WASTE-AS-FUEL RULESMemo
 Description: Combustion devices used in the recovery of sulfur values from spent sulfuric acid are boilers. Sulfur recovery furnaces were inadvertently omitted from the 11/29/85 Federal Register (50 FR 49164).
 
01/09/1986BOILERS USED IN GREENHOUSE OPERATIONS ARE INDUSTRIAL BOILERSMemo
 Description: Boilers used in greenhouse operations are industrial boilers since the energy is used in process of producing a product. Greenhouses are considered more like manufacturing facilities, than non-industrial, commercial or residential facilities.
 
01/06/1986RECYCLING OF MOLDING AND CASTING SANDSMemo
 Description: Foundry sands are spent materials and are solid wastes when reclaimed (SEE ALSO: RPC# 3/28/2001-01). Foundry sands are hazardous wastes if they exhibit the toxicity characteristic for lead. Once regenerated or reclaimed, foundry sands are not solid wastes and are exempt even if shipped off-site for coating before use. The reclamation process is exempt. The storage and transportation of spent material before reclamation is subject to regulation.
 
01/03/1986BOILERS AND INCINERATORS, DISTINCTION BETWEEN/INTEGRAL DESIGN STANDARDMemo
 Description: The boiler definition applies to units where the combustion chamber and the heat recovery unit are of integral design. The boiler variance procedures classify units as incinerators. The burning of hazardous waste fuel in a nonindustrial boiler is prohibited (SUPERSEDED: see 56 FR 7134; 2/21/91).
 
01/01/1986HAZARDOUS WASTE FUEL BROKERSQuestion & Answer
 Description: The ownership of a hazardous waste fuel, not the physical possession, is the criterion used in determining if a hazardous waste fuel broker is a “marketer”. A waste broker who owns but never physically possesses a waste must comply with the marketer requirements (SUPERSEDED: See 266 Subpart H, Part 279).
 
12/30/1985INTEGRAL DESIGN STANDARD IN BOILER DEFINITION (LUBRIZOL)Memo
 Description: A rotary bed furnace with secondary combustion and an attached waste heat boiler does not meet the integral design standard of boiler definition nor the fluidized bed or process heater exemption. The unit is an incinerator. The boiler variance is not appropriate for furnaces ducted to heat recovery boilers.
 
12/18/1985BATTERIES, SCRAP METAL, AND PRECIOUS METALSMemo
 Description: Spent lead-acid batteries (battery) are hazardous waste (HW) at generation. Generators, transporters, and persons who store (but not reclaim) batteries for reclamation not subject to regulation (SEE ALSO: Part 273). Discussion of recycled scrap metal with precious metals excluded (SEE ALSO: current 261.6(a)(3)(ii)). Precious metals reclaimed from HW and suitable for direct reuse or only need refining before reuse are products, not wastes.
 
12/13/1985DECHARACTERIZATION AND DISPOSAL OF HAZARDOUS WASTES THAT HAVE UNDERGONE CHEMICAL SOLIDIFICATIONMemo
 Description: Chemically solidified de-characterized wastes are subject to the use in a manner constituting disposal standards. RCRA jurisdiction extends to all secondary materials applied to the land or used in water as a fill or support material. The EPA has decided not to regulate secondary materials formulated into fertilizers sold to the general public (SUPERSEDED: see 266.20(b)).
 
12/12/1985BURNING AND BLENDING OF HAZARDOUS WASTE AND USED OIL FUELSMemo
 Description: A discussion of the 11/29/85 (50 FR 49164) rule to regulate used oil and hazardous waste fuels to be burned for energy recovery (Part 266, Subpart D and Subpart E) (SUPERSEDED: see Part 279). The EPA plans to regulate BIFs in the future (SEE ALSO: Part 266, Subpart H). Although waste reduction and waste recycling are preferred options to manage the waste disposal problem, this does not justify improper handling.
 
12/01/1985BURNING AND BLENDINGQuestion & Answer
 Description: A mixture of used oil and a commercial chemical product (CCP) (xylene) that is itself a fuel or normal component of commercial fuels is regulated as used oil, not hazardous waste fuel, when it is burned for energy recovery. The generator who burns the used oil is subject to 266, Subpart E (SUPERSEDED: See 279.20 and 279.60).
 
12/01/1985BURNING AND BLENDINGQuestion & Answer
 Description: Section 266 Subpart D hazardous waste burning and blending regulations published in the 11/29/85 Federal Register (50 FR 49164) were promulgated pursuant to HSWA, take effect in all states at same time (SUPERSEDED: see 266 Subpart H).
 
12/01/1985BURNING AND BLENDING AND INTERIM STATUSQuestion & Answer
 Description: A facility that has existing tanks but is not storing hazardous waste on the effective date of the 266 Subpart D regulations may qualify for interim status if it has objective evidence that indicates the intent to begin storage within a reasonable time. The facility needs interim status or a permit to store hazardous waste fuel on-site prior to burning in a cement kiln. To qualify for interim status, a facility must be in existence, the owner or operator must obtain an EPA ID number, and they must submit a Part A application. Fuel is regulated when it is blended.
 
12/01/1985USED OIL AS DUST SUPPRESSANTQuestion & Answer
 Description: Used oil that exhibits a characteristic of extraction procedure (EP) toxicity (SUPERSEDED: See 261.24) can be used as a dust suppressant provided it has not been mixed with hazardous waste (SUPERSEDED: See RPC# 3/1/90-05 and 279.82).
 
11/25/1985CHARACTERISTIC SLUDGES RECLAIMED OR PROCESSED PRIOR TO USE AS AN INGREDIENT IN FERTILIZERMemo
 Description: Characteristic sludge (zinc oxide dust) processed to produce ingredient (zinc sulfate) incorporated into fertilizer is solid waste (SW) because zinc oxide will be used in a manner constituting disposal. Sludge generation, transport, storage are subject to regulation. Characteristic sludge from air pollution control sent for recovery not SW unless speculatively accumulated. Characteristic sludge with metal values not SW if reclaimed.
 
11/25/1985RECYCLED CHARACTERISTIC HAZARDOUS WASTE SLUDGESMemo
 Description: Characteristic sludge (zinc oxide dust) processed to produce ingredient (zinc sulfate) incorporated into fertilizer is solid waste (SW) because zinc oxide will be used in a manner constituting disposal. Sludge generation, transport, storage are subject to regulation. Characteristic sludge from air pollution control sent for recovery not SW unless speculatively accumulated. Characteristic sludge with metal values not SW if reclaimed.
 
11/20/1985HEAT RECOVERY UNIT AS A BOILER OR AN INCINERATORMemo
 Description: The definition of a boiler requires that the energy recovery system be of an integral design to the combustion chamber, not merely joined by ducts or connections. Add-on devices are not boilers. Add-on devices may be an incinerator. The variance to classify apply to devices that are not considered by the boiler definition
 
11/14/1985SPENT SULFURIC ACID PICKLE LIQUOR USED TO PRODUCE FERTILIZERMemo
 Description: Waste pickle liquor from steel finishing (K062) is a spent material. K062 used as an ingredient in a fertilizer is use constituting disposal, and is a solid waste and hazardous waste. Fertilizer product is derived from K062 and regulated under Part 266, Subpart C. If produced for the general public use, the product is exempt (SUPERSEDED: see 266.20(b)). K062 is not eligible for a delisting if it is characteristic. Petitioners have the option of withdrawing a petition rather than having EPA publish a denial in the Federal Register.
 
11/01/1985HAZARDOUS WASTE FUEL MARKETERSQuestion & Answer
 Description: A generator who gives hazardous waste fuel to a burner is a marketer. The absence or presence of a monetary transaction has no bearing on the marketer’s status. A hazardous waste fuel blender/processor who ships waste fuel to a burner is a marketer (SUPERSEDED: See 266 Subpart H).
 
11/01/1985USE CONSTITUTING DISPOSALQuestion & Answer
 Description: The act of spraying virgin fuel on the ground for firefighting training is not use in a manner constituting disposal, because fuel is a primary material, not a waste.
 
10/29/1985RECLAMATION OF SPENT ALKALINE ETCHANT-REQUEST FOR VARIANCE UNDER MOD. CLOSED-LOOP PROVISIONMemo
 Description: Reclaimed spent alkaline etchant used as a feedstock in the manufacture of new etchant not eligible for a variance from the solid waste (SW) definition. After reclamation, an etchant destined for use as raw material to produce new etchant is no longer a SW and is not subject to regulation. Discussion of closed-loop recycling.
 
10/23/1985RECLAIMED METHANOL IS A PRODUCT RATHER THAN A WASTEMemo
 Description: Reclaimed methanol (99.5% purity) sent off-site for further reclamation before use in a manufacturing process is more product-like than waste-like, is not a solid waste, and need not be manifested. It is analogous to reclaimed metals that only have to be refined (SEE ALSO: 50 FR 634; 1/4/85).
 
10/11/1985WASTE-DERIVED FUELS BURNED IN CEMENT KILN, REGULATION OFMemo
 Description: Characteristic waste-derived fuels and all waste-derived fuels produced by a person other than the waste generator or burner are exempt (SUPERSEDED: see 50 FR 49164; 11/29/85; see 56 FR 7194; 2/21/91; see 266.100).
 
10/01/1985WASTE MINIMIZATIONQuestion & Answer
 Description: The 3002(b) waste minimization requirements are self implementing and leave the choice of a method to the generator. Waste exchanges, recycling of solvents, on-site reuse and off-site recycling are all legitimate waste minimization.
 
09/01/1985BATTERY REGENERATIONQuestion & Answer
 Description: The Section 261.6(a)(3)(ii) exclusion applies to any facility that regenerates batteries. Spent lead-acid batteries that are regenerated qualify for the 261.6(a)(3)(ii) exclusion unless the battery is cracked for lead recovery (SUPERSEDED: 261.6(a)(3)(ii) removed, See Part 273 and 60 FR 25535; 5/11/95).
 
09/01/1985SOLID WASTE VARIANCEQuestion & Answer
 Description: The solid waste variance in 260.30(b) applies only if the waste is reclaimed in the primary production process that produced the waste.
 
08/13/1985REGULATORY STATUS OF SOLDER DROSS WHEN SMELTED FOR LEAD RECOVERYMemo
 Description: Solder dross is a by-product. An unlisted (characteristic) by-product is not a solid waste when it is reclaimed. Discussion of spent material versus by-product. Spent materials include spent solvents, acids, pickle liquor, catalysts, and lead-acid batteries (battery). By-products include distillation residues, slags, dross, and tank bottoms (SEE ALSO: RPC# 8/28/92-01).
 
08/09/1985REGULATORY STATUS OF CONTAMINATED TORPEDO PROPULSION FUEL DESTINED FOR RECLAMATIONMemo
 Description: Propulsion fuel remaining in a torpedo (after firing) that is contaminated with saltwater is an off-specification CCP, not a solid waste when sent for reclamation. Contaminated propulsion fuel is not a spent material since any fuel that is spent (or used) would no longer exist.
 
08/09/1985REGULATORY STATUS OF STEEL INDUSTRIAL BATTERY CASES SENT OFFSITE FOR RECLAMATIONMemo
 Description: Industrial steel battery (batteries) cases and lead plates with acid and lead removed are scrap metal. Mixtures of scrap metal (battery cases) and other regulated recyclable materials (lead oxides) must be managed as hazardous waste when sent for reclamation (SEE ALSO: Part 273).
 
07/16/1985SPENT PICKLE LIQUOR USED IN PRODUCTION OF FERRIC CHLORIDEMemo
 Description: Spent pickle liquor (K062) is a spent material and a solid waste (SW) when reclaimed. Discussion of ferrous chloride recovery from K062 reclamation. Beneficial reuse of waste after reclamation does not affect SW status before and during reclamation. The use of K062 in ferric chloride production is not exempt use or reuse.
 
07/12/1985DUST SUPRESSION AS ROAD TREATMENTMemo
 Description: HSWA 3004(l) prohibits the use of hazardous waste (HW) for dust suppression or road treatment. Used oil may be used as dust suppressant if it is not HW or mixed with HW (SUPERSEDED: see 279.82).
 
07/10/1985REVISED DEFINITION OF SOLID WASTE PURSUANT TO HSWAMemo
 Description: Carbon regeneration facilities storing carbon before recycling need a permit for storage if they are an incinerator. If they are not an incinerator, they are exempt (may be BIF). Drum recyclers handling empty containers do not need a storage permit. The storage of non-empty containers would require at least a permit for hazardous waste storage. Spent activated charcoal or carbon is usually a spent material. If for pollution control, it would be a sludge. Carbon is hazardous waste (HW) if it contains a listed waste (contained-in policy) or exhibits a characteristic(SEE ALSO: 66 FR 27266; 5/16/01). Carbon is unlikely to exhibit a characteristic. Generators storing HW spent activated carbon are subject to accumulation time regulations. A closed municipal solid waste landfill (MSWLF) suspected of holding HW is subject to corrective action if the facility requires a permit or interim status and is subject to CERCLA.
 
07/01/1985ACCUMULATION OF SECONDARY MATERIAL - ABANDONED VS. DISPOSED OFMemo
 Description: Abandoned means thrown away. Genuine product secondary materials (used as ingredients or substitutes) are not solid waste when temporarily stored on the land, unless speculatively accumulated. If a material escapes a unit, it may be disposal of a solid waste.
 
07/01/1985K051 AND HSWA; K051 SLUDGE RE-USED ON-SITE, EXEMPTIONQuestion & Answer
 Description: Petroleum coke produced from on-site reuse of K051 is exempt from standards for hazardous waste fuel unless coke product exhibits characteristic per section 3004(q)(2)(A) (SEE ALSO: Section 261.4(a)(12)).
 
07/01/1985SQGS, RECLAMATION, AND THE MANIFESTQuestion & Answer
 Description: SQGs producing between 100 and 1000 kg/month of hazardous waste that partially reclaim silver from spent photo fixer prior to shipment off-site for further reclamation are not subject to precious metals recycling recordkeeping, but spent material must be manifested (SEE ALSO: 10/5/94-01, current 261.5, 262.34(d)).
 
06/27/1985SOLVENT STILL AS RECYCLING UNIT - REGULATORY STATUS OFMemo
 Description: A solvent that is still recycling hazardous waste is not subject to regulation. The recycling process itself is not normally subject to regulation unless it is analogous to land disposal or incineration. The storage and transportation of solid wastes which will be recycled are subject to regulation.
 
06/06/1985BRASS DROSS SKIMMINGS, SEPARATION OF METALS AND OXIDES, BY-PRODUCTMemo
 Description: Brass dross skimmings are by-products, not scrap metal, and are not solid waste (SW) if reclaimed. Secondary material (by-product, spent material, sludge, CCP, scrap metal) placed on the land or in a product placed on the land is a SW. Hazardous waste (HW) sent to a fertilizer company (either directly or through a processor) for reuse must be manifested. The fertilizer company and the processor need storage permits for the HW. A material used or reused as an ingredient in a product not is SW if not speculatively accumulated, used for fuel, or use in manner constituting disposal.
 
06/05/1985SPENT PICKLE LIQUOR, USE/REUSE EXEMPTION AS APPLIED TOMemo
 Description: Spent pickle liquor directly used or reused as a wastewater conditioner (ferric chloride substitute) is not a solid waste or K062 provided the material is not speculatively accumulated. Waste used as a water conditioner is not use in a manner that constitutes disposal.
 
06/01/1985CORRECTIVE ACTIONQuestion & Answer
 Description: Because scrap metal is a solid waste, a scrap metal management area can be a solid waste management unit (SWMU) and is subject to section 3004(u) corrective action provisions.
 
05/09/1985HAZARDOUS WASTE RECYCLING REGULATIONSMemo
 Description: Hazardous waste (HW) recycling regulations do not apply to materials (such as nonhazardous scrap, paper, textiles, or rubber) that are not otherwise HW and that are recycled. EPA's approach for regulating certain secondary materials being recycled (or held for recycling) is consistent with Congressional intent.
 
05/01/1985SOLID WASTE DETERMINATION - ACRYLONITRILE ASHQuestion & Answer
 Description: A burned product is viewed as discarded. Ash from the product acrylonitrile that burns in a warehouse fire meets the U009 listing via derived-from rule.
 
04/10/1985PERCHLOROETHYLENE AND SURFACTANT, DISTILLATION OF RESIDUE CONTAININGMemo
 Description: Product perchloroethylene mixed with surfactant is still the CCP U210. CCPs being reclaimed are not solid wastes. The residue from distillation is hazardous.
 
04/01/1985HAZARDOUS WASTE DETERMINATIONQuestion & Answer
 Description: The use as a reaction medium is considered use as a solvent. Methylene chloride used as a reaction medium meets the F002 listing. Spent materials are solid wastes when reclaimed. The recycling process is exempt.
 
03/22/1985REGULATORY STATUS OF WASTE-DERIVED PETROLEUM PRODUCTSMemo
 Description: EPA does not wish to regulate petroleum products whose production involves reintroducing hazardous waste (HW) from refinery back into the refining process (SEE ALSO: 261.6(a)(3)(iv)). EPA will study the issue of oils recovered from refinery HW and returned to refining process (SEE ALSO: 261.4(a)(12)).
 
03/21/1985REGULATORY STATUS OF SCRAP METALMemo
 Description: It is within EPA's jurisdiction, and consistent with Congressional intent, to regulate materials being recycled or held for recycling as solid waste (SW) and hazardous waste (HW). EPA does not regulate hazardous scrap metal being reclaimed (until further study). EPA's authority to regulate recycled materials is limited to materials that are hazardous (i.e., that are listed or characteristic). Definition of SW rules do not apply to nonhazardous materials (e.g., nonhazardous scrap, paper, textiles, and rubber).
 
02/22/1985CLASSIFICATION OF A TANK AS A STORAGE UNIT OR AN OIL RECLAMATION UNITMemo
 Description: Discussion of regulated storage units where incidental reclamation of K048 and K049 takes place versus exempt oil reclamation units. Emulsion storage is subject to regulation before entering and after leaving the reclamation unit. Recovered oil is exempt when introduced into the refining process (SEE ALSO: 261.4(a)(12)).
 
02/13/1985BAGHOUSE FLUE DUST AND ZINC OXIDE SLUDGE USED IN ZINC CHEMICALS PRODUCTIONMemo
 Description: Baghouse flue dust and zinc oxide sludge are not solid waste (SW) when used as raw materials in the manufacture of zinc chemicals provided they are not speculatively accumulated or used in a product that is placed on the land. Characteristic sludges reclaimed to recover zinc are not SW.
 
02/13/1985REGULATORY STATUS OF SCRAP METAL THAT IS SENT FOR RECYCLINGMemo
 Description: EPA has the legal authority to regulate recycled scrap metal. Scrap metal is a solid waste but, pending further study, is exempt when sent for reclamation (SEE ALSO: 261.4(a)(13) exclusion for processed scrap metal). Nonhazardous scrap metal is not subject to Subtitle C regulation.
 
02/01/1985DEFINITION OF MARKETER AND APPLICABLE REGULATIONSQuestion & Answer
 Description: A company that picks up used oil from its own facilities and transports it to another company-owned facility for burning for energy recovery is a marketer under proposed 266.43 (SUPERSEDED: See Part 279).
 
02/01/1985SPENT MATERIAL BURNED FOR ENERGY RECOVERYQuestion & Answer
 Description: Spent materials that are hazardous by characteristic only are exempt from regulation (including management prior to burning) if burned for energy recovery (SUPERSEDED: 266 Subpart H).
 
01/18/1985ACCEPTABLE LEVELS OF RESIDUAL CONTAMINANTS IN THE EPA INCINERATOR RESIDUESMemo
 Description: Provides conservative concentration-based levels for 20 toxic constituents beneath which dioxin-bearing ash would not present substantial hazard to human health or the environment when managed at nonhazardous waste facilities. Discussion of necessary delisting for incinerator trial burn dioxin residues (SEE ALSO: F020-F023, F026-F028) (SEE ALSO: RPC# 4/1/85-08).
 
12/17/1984GASES VENTED FROM COMPRESSED CYLINDERS - TREATING OF FLUORINE AND OTHERSMemo
 Description: Liquid or physical solid wastes removed from compressed gas cylinders are solid wastes. Gaseous residues are not solid wastes.
 
12/07/1984OIL/WATER EMULSIONS GENERATED BY PETROLEUM REFINERY WW SYSTEMS-K049 WASTEMemo
 Description: Slop oil emulsion solids (K049) are generated in the first vessel where the emulsion stratifies. Oil reclaimed in slop oil/oil recovery systems is not a hazardous waste (SEE ALSO: 261.4(a)(12)). Emulsion breaking in surface impoundments/earthen devices is considered storage. Non-reclaimed emulsion is a hazardous waste even if it is reclaimable. Storage not directly related to the reclamation process needs a permit.
 
12/03/1984FACILITY'S OPERATING LIFE, DETERMINATION OFMemo
 Description: A trust fund pay-in period must be calculated for the operating life of an entire facility, not each unit. A facility’s operating life ends in the year in which the owner or operator expects to close the facility. Salable recycled wastes cannot be deducted from closure cost estimates.
 
12/01/1984COGENERATION INTERPRETATIONQuestion & Answer
 Description: A contractor who comes on site with a mobile recycling unit and the owner of the facility are cogenerators. The 90-day accumulation period applies when a contractor leaves waste behind at a facility.
 
10/22/1984USED OIL CONTAMINATION THROUGH NORMAL USE OR MIXING WITH HAZARDOUS WASTES - RECYCLING DEFINEDMemo
 Description: Used oil contaminated with chlorinates (from fuel or salt water) through use is not hazardous. Used oil contaminated from intentional mixing is hazardous, even if it is below rebuttable presumption levels. Burning hazardous waste with low BTUs is not recycling, even if it is mixed with high BTU material.
 
09/01/1984RECYCLING RESIDUESQuestion & Answer
 Description: The original generator is not liable for the mismanagement of residues generated by an off-site recycler. Hazardous wastes generated during a recycling operation are new wastes, and the recycler is viewed as the generator (SEE ALSO: 261.3(c)).
 
08/15/1984MINERAL PROCESSING RESIDUALS FROM COMBUSTION UNITS BURNING HAZARDOUS WASTE FUELMemo
 Description: Heating shale to produce lightweight aggregate is beneficiation, and therefore, wastes from this process are excluded by the 261.4(b)(7) Bevill exemption for mining and mineral processing wastes. Use of hazardous waste fuels does not preclude the 261.4(b)(7) or 261.4(b)(8) (cement kiln dust (CKD)) exclusion. Burning for energy recovery is treatment. Wastes derived from recycled waste are still listed (SEE ALSO: 66 FR 27266; 5/16/01). The mixture-rule de minimis exemption at 261.3(a)(2)(iv) only applies if solvents are commingled with process wastewaters as part of routine housekeeping procedures. The exemption is not applicable to sludges mixed with wastewater or sludges that generate wastewaters.
 
08/13/1984RECYCLING FACILITIES AND THE MANIFEST SYSTEMMemo
 Description: Storage prior to recycling is regulated under RCRA Subtitle C. Recyclers who do not store hazardous waste before recycling are not subject to regulation. Recycling facilities cannot qualify as transfer facilities.
 
08/01/1984METHYL CHLOROFORMQuestion & Answer
 Description: Off-specification methyl chloroform produced from the reclamation of listed solvent (F002) is considered an off-specification CCP when discarded and meets the U226 listing.
 
07/01/1984RECYCLING BAGHOUSE DUSTQuestion & Answer
 Description: Baghouse dust from an incinerator that burns non-fossil fuels is hazardous if it is characteristic. Dust that is not excluded under the 261.4(b)(4) Bevill exemption for fossil fuel combustion wastes is considered a sludge for purposes of the recycling regulations.
 
06/01/1984EXPORT OF HW FOR REUSE IN WASTEWATER TREATMENTQuestion & Answer
 Description: K062 that is exported for reuse in wastewater treatment must be accompanied by a manifest, and the generator must notify the Office of International Activities if the receiving facility does not have NPDES permit (SUPERSEDED: see current 261.2, 261.6, and RPC# 6/5/85-01).
 
04/23/1984RCRA METHODS AND QUALITY ASSURANCE ACTIVITIES (NOTES)Memo
 Description: The spot-check program to collect samples to verify delisting petition data is discussed. A recommendation that audit cylinders containing organic compounds be used during all source measurement programs is provided. Problems with spike recovery for metals in Method 3030 - Acid Digestion of Oils, Greases, and Waxes and pH adjustment for the extraction procedure (EP) are outlined. Materials that do not pass through 0.45 um filter are solids and must be extracted. The pH of oil and grease is discussed. It is impossible to determine the pH of non-aqueous materials. Unless specifically stated in the method, results are to be reported “as received,” and a sample is not dried before analysis.
 
04/01/1984CHARACTERISTIC WASTES EXPORTED FOR RECYCLINGQuestion & Answer
 Description: Characteristic wastes that will be legitimately recycled abroad do not need to be manifested for export. Section 261.6(a) supersedes 262.50 (SUPERSEDED: see current 261.2, 261.6).
 
02/28/1984GUIDANCE ON DETERMINING WHEN A HAZARDOUS WASTE IS A LEGITIMATE FUEL THAT MAY BE BURNED FOR ENERGY RECOVERY IN A BOILER OR INDUSTRIAL FURNACEMemo
 Description: Discussion of determination of when hazardous waste (halogenated solvents) are legitimate fuels burned for energy recovery. Fuel must have a substantial heat value (i.e., 5,000-8,000 BTU/lb) and must be burned in a legitimate energy recovery device (SUPERSEDED: see RPC# 11/8/94-01).
 
01/12/1984CLOSURE COST ESTIMATES BASED ON THIRD PARTY COSTSMemo
 Description: A closure cost estimate for a recycling facility may reflect the owner or operator’s own costs of carrying out his closure plan. Continued recycling at a recycling facility is a form of treatment and is a legitimate closure activity (SUPERSEDED: See current 264.142, 265.142)).
 
01/01/1984BIENNIAL REPORTING FOR GENERATOR WHO CONDUCTS NON-REGULATED ACTIVITYQuestion & Answer
 Description: Provides guidance on completing the biennial report for a generator of lab pack wastes. Provides guidance on completing the biennial report for a generator who accumulates waste prior to conducting a non-regulated activity (e.g., recycling, elementary neutralization). Provides guidance on completing the biennial report for a generator who accumulates waste after 10/1/83, but has not sent the waste off-site by 12/31/83. A generator who manages some waste on-site as an interim status TSDF and ships other waste off-site should prepare a generator report and a TSDF report (SUPERSEDED: see the current biennial reporting requirements).
 
01/01/1984INTERIM STATUS NEEDED FOR OPEN BURNING (OB)Question & Answer
 Description: Open burning used to train soldiers in detonation techniques is not legitimate recycling; therefore, the facility must have interim status.
 
11/01/1983CHLORINE CONTENT IN WASTE BURNED FOR ENERGY RECOVERYQuestion & Answer
 Description: The BTU value of a waste is a crucial factor used to determine whether or not the waste can legitimately be burned for energy recovery. If the heat value is greater than the threshold value, then the chlorine content is not considered.
 
10/21/1983LEACHATE FROM A MUNICIPAL LANDFILL, REGULATION OFMemo
 Description: Leachate from municipal landfills must be handled as hazardous if it is characteristic. The landfill is the generator of the waste. Nonhazardous leachate can be recycled into the landfill. Hazardous leachate must go to a TSDF or POTW unless the landfill is an exempt small quantity generator (SUPERSEDED: for landfill leachate recirculation, see 258.28) (SEE ALSO: 261.31 (F039 listing), 261.5, 262.34).
 
08/01/1983CLOSURE COST ESTIMATEQuestion & Answer
 Description: Closure cost estimates cannot include possible profits from the recycling of waste or the sale of equipment or property in order to reduce closure costs. The closure plan and closure cost estimate must be based on the point in the facility’s life where closure would be the most expensive.
 
07/11/1983K061, EMISSION CONTROL DUST/SLUDGE FROM PRODUCTION OF STEEL IN ELECTRIC FURNACESMemo
 Description: The K061 listing applies to steel produced in electric furnaces, but does not include blast furnaces or foundries. Facilities using scrap metal as raw material are included, but the listing does not include iron making.
 
06/08/1983POPPING FURNACES-DOD DISPOSAL OF OUTDATED ORDNANCE BY INCINERATION - METALS RECOVERYMemo
 Description: An outdated ordnance is reactive (D003). The primary purpose of “popping” furnaces used by the DOD to dispose of waste ordinances is waste disposal, not metal recycling. Therefore, the furnaces are not exempt under 261.6, unless they can substantiate a claim of recycling (SUPERSEDED: 50 FR 614; January 4, 1985).
 
05/01/1983HAZARDOUS WASTE BURNED FOR ENERGY RECOVERY VS. INCINERATIONQuestion & Answer
 Description: The current (1983) recycling regulations consider the intent when distinguishing between burning for legitimate heat recovery and incineration. The 4/4/83 Federal Register proposes that recovery carried out in a unit that meets the incinerator definition must be permitted, regardless of energy and material recovery considerations.
 
04/01/1983SPECULATIVE ACCUMULATIONQuestion & Answer
 Description: EPA’s proposed definition of solid waste includes a conditional exemption for wastes that will be recycled. If insufficient amounts are recycled or the waste is speculatively accumulated, then then waste becomes subject to full regulation (SEE ALSO: 261.2(c)(4) and 261.2(c)(8)).
 
02/01/1982MANIFESTING FOR RECYCLABLE MATERIALSQuestion & Answer
 Description: No manifest is needed for materials handled under 261.6 (SUPERSEDED: see current 261.6).
 
11/13/1980REFINERY WASTEWATERMemo
 Description: Non-listed refinery wastewater is hazardous waste if it is mixed with listed refinery waste (K048, K049, K051). The storage of K048 before recycling is regulated.
 
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