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Document Record Detail

Full Document:
RCRA Online Number:14677
Organization of Recipient:Tetra Process Services, L.C.
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.
Regulatory Citation(s) : 261.2(f), 261.4, 261.4(a)(12)(i), 261.4(c), 261.33, 261.32 EXIT disclaimer
Statutory Citation(s):NA Read US Code 42, Chapter 82 EXIT disclaimer
Topic(s):Exclusions (RCRA); F-wastes; K-wastes; Hazardous Waste Recycling; Oil; Petroleum Refining Wastes
Approximate Number of Hardcopy Pages:10
EPA Publication Number:NA
RPPC Number (if applicable): NA
Official OSW Policy:No


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