Hazardous Waste Recycling Regulations

Materials Not Subject to RCRA Hazardous Waste Regulation

Certain materials are specifically excluded from the definition of solid waste, and some solid wastes are excluded from the definition of hazardous waste. Furthermore, certain hazardous wastes are exempt from regulation when recycled. These three categories are discussed below.

Recycled materials specifically excluded from the definition of solid waste

The following materials, when recycled, are excluded from the definition of solid waste and are therefore not subject to RCRA Subtitle C regulation:

Pulping Liquors — Pulping liquors (i.e., black liquor) that are reclaimed in a pulping liquor recovery furnace and then reused in the pulping process, unless it is accumulated speculatively as defined in 40 CFR 261.1(c). See 40 CFR 261.4(a)(6).
Spent Sulfuric Acid — Spent sulfuric acid used to produce virgin sulfuric acid, unless it is accumulated speculatively as defined in 40 CFR 261.1(c). See 40 CFR 261.4(a)(7).
Closed-Loop Recycling — Secondary materials that are reclaimed and returned to the original process or processes in which they were generated where they are reused in the production process provided that the system of pipes and tanks is enclosed, reclamation does not involve controlled flame combustion, the secondary materials are not accumulated for over twelve months, and the reclaimed material is not used to produce a fuel, or used to produce products that are used in a manner constituting disposal. See 40 CFR 261.4(a)(8).
Spent Wood Preservatives — Spent wood preserving solutions and wastewaters containing spent preservatives, provided that the materials have been reclaimed and are reused for their original purpose. In addition, wood preserving solutions and wastewaters are excluded from the definition of solid waste prior to reclamation, provided that the facility satisfies the five conditions listed at 40 CFR 261.4(a)(9)(iii)(A)-(E). See 40 CFR 261.4(a)(9).
Coke By-Product Wastes — EPA Hazardous Waste Nos. K060, K087, K141, K142, K143, K144, K145, K147, and K148, and any wastes from the coke by-products processes that are hazardous only because they exhibit the Toxicity Characteristic (TC) specified in 40 CFR 261.24 when, subsequent to generation, these materials are recycled to coke ovens, to the tar recovery process as a feedstock to produce coal tar, or mixed with coal tar prior to the tar's sale or refining. This exclusion is conditioned on there being no land disposal of the wastes from the point they are generated to the point they are recycled to coke ovens or tar recovery or refining processes, or mixed with coal tar. See 40 CFR 261.4(a)(10).
Splash Condenser Dross Residue — Nonwastewater splash condenser dross residue from the treatment of K061 in high temperature metals recovery units, provided it is shipped in drums (if shipped) and not land disposed before recovery. See 40 CFR 261.4(a)(11).
Hazardous Oil-Bearing Secondary Materials and Recovered Oil from Petroleum Refining Operations — Oil-bearing hazardous secondary materials (i.e., sludges, byproducts, or spent materials) and recovered oil (does not include used oil as defined in 40 CFR 279.1) generated at a petroleum refinery and inserted into the petroleum refining process, unless the material is placed on the land, or speculatively accumulated before being so recycled. See 40 CFR 261.4(a)(12) for all conditions that apply for this exclusion.
Processed Scrap Metal — Excluded scrap metal (processed scrap metal, unprocessed home scrap metal, and unprocessed prompt scrap metal) being recycled. See 40 CFR 261.4(a)(13).
Shredded Circuit Boards — Shredded circuit boards being recycled provided that they are stored in containers sufficient to prevent a release to the environment prior to recovery and are free of mercury switches, mercury relays and nickel-cadmium batteries and lithium batteries. See 40 CFR 261.4(a)(14).
Condensates from Kraft Mill Steam Strippers — Condensates derived from the overhead gases from kraft mill steam strippers that are used to comply with 40 CFR 63.446(e). The exemption applies only to combustion at the mill generating the condensates. See 40 CFR 261.4(a)(15).
Comparable Fuels — Comparable fuels or comparable syngas fuels (i.e., comparable/syngas fuels) that meet the requirements of 40 CFR 261.38. See 40 CFR 261.4(a)(16).
Mineral Processing Spent Materials — Spent materials (as defined in 40 CFR 261.1) (other than hazardous wastes listed in subpart D of this part) generated within the primary mineral processing industry from which minerals, acids, cyanide, water, or other values are recovered by mineral processing or by beneficiation, provided that the materials are stored in certain types of units and are not accumulated speculatively. See 40 CFR 261.4(a)(17) for all conditions that apply for this exclusion.
Petrochemical Recovered Oil — Petrochemical recovered oil from an associated organic chemical manufacturing facility, where the oil is to be inserted into the petroleum refining process (SIC code 2911) along with normal petroleum refinery process streams, provided that the oil is hazardous only because it exhibits the characteristic of ignitability (as defined in 40 CFR 261.21) and/or toxicity for benzene (40 CFR 261.24, waste code D018) and the oil is not placed on the land, or speculatively accumulated before being recycled into the petroleum refining process. Definitions of “associated organic chemical manufacturing facility” and “petrochemical recovered oil” are provided at 40 CFR 261.4(a)(18).
Spent Caustic Solutions from Petroleum Refining — Spent caustic solutions from petroleum refining liquid treating processes used as a feedstock to produce cresylic or naphthenic acid unless the material is placed on the land, or accumulated speculatively as defined in 40 CFR 261.1(c). See 40 CFR 261.4(a)(19).
Hazardous Secondary Materials Used to Make Zinc Fertilizers and Zinc Fertilizers Made from Recycled Hazardous Secondary Materials — Hazardous secondary materials that are recycled to make zinc fertilizers are excluded under 40 CFR 261.4(a)(20) and the zinc fertilizers made from hazardous secondary materials are excluded under 40 CFR 261.4(a)(21). See the respective paragraphs for all conditions that apply for these exclusions.
Used Cathode Ray Tubes (CRTs) — Used, intact or broken, cathode ray tubes (CRTs), and glass removed from CRTs, are excluded provided that the conditions listed at 40 CFR 261.4(a)(22) are satisfied.
Hazardous Secondary Materials Generated and Reclaimed Under the Control of the Generator -- Hazardous secondary materials that are generated and reclaimed under the control of the generator (defined as generated and reclaimed on-site, within the same company, or under certain tolling arrangements) are excluded under 40 CFR 261.2(a)(2)(ii) (for materials managed in non-landbased units) or 40 CFR 261.4(a)(23) (for materials managed in land-based units), provided certain requirements are met.
Hazardous Secondary Materials Transferred Off-site for Reclamation-- Hazardous secondary materials that are generated and sent off-site for reclamation are excluded under 40 CFR 261.4(a)(24) or 40 CFR 261.4(a)(25) (for materials exported for reclamation), provided certain conditions and requirements are met.

For more information, see:

For full regulatory text, see 40 CFR 261.4(a)
For introductory information on these exclusions, see pages 11 to 13 of the RCRA Orientation Manual, Section III: Managing Hazardous Waste - RCRA Subtitle C, Chapter 1: Hazardous Waste Identification (PDF) (26 pp, 400K)
To view additional regulatory and interpretative information on this topic, see The Definition of Solid Waste Compendium, Volume A: Exclusions (PDF) (78 pp, 618K)

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Recycled materials that are solid wastes but not hazardous wastes

The following materials, when recycled, are excluded from the definition of hazardous waste and are therefore not subject to RCRA hazardous waste regulation:

Agricultural Waste — Solid wastes generated by the growing and harvesting of agricultural crops or the raising of animals, including animal manures, and which are returned to the soils as fertilizers. See 40 CFR 261.4(b)(2).
Spent Chlorofluorocarbon Refrigerants — Used chlorofluorocarbon refrigerants from totally enclosed heat transfer equipment, including mobile air conditioning systems, mobile refrigeration, and commercial and industrial air conditioning and refrigeration systems that use chlorofluorocarbons as the heat transfer fluid in a refrigeration cycle, provided the refrigerant is reclaimed for further use. See 40 CFR 261.4(b)(12).
Used Oil Filters — Non-terne plated used oil filters that are not mixed with wastes listed in subpart D of this part if these oil filters have been gravity hot-drained using one of the methods listed at 40 CFR 261.4(b)(13).
Used Oil Distillation Bottoms — Used oil re-refining distillation bottoms that are used as feedstock to manufacture asphalt products. See 40 CFR 261.4(b)(14).

For more information, see:

For full regulatory text, see 40 CFR 261.4(b)
For introductory information on these exclusions, see pages 14 and 15 of the RCRA Orientation Manual, Section III: Managing Hazardous Waste - RCRA Subtitle C, Chapter 1: Hazardous Waste Identification (PDF) (26 pp, 400K)

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Solid and hazardous wastes not subject to hazardous waste regulation when recycled

The following materials are hazardous wastes but are not subject to RCRA Subtitle C regulation when recycled:

Industrial ethyl alcohol — Industrial ethyl alcohol that is reclaimed, provided the conditions at 40 CFR 261.6(a)(3)(i), if applicable, are satisfied.
Scrap metal — Scrap metal that is not excluded under 40 CFR 261.4(a)(13). See 40 CFR 261.6(a)(3)(ii).
Waste-derived fuels from refining processes — Fuels produced from the refining of oil-bearing hazardous waste along with normal process streams at a petroleum refining facility if such wastes result from normal petroleum refining, production, and transportation practices (this exemption does not apply to fuels produced from oil recovered from oil-bearing hazardous waste, where such recovered oil is already excluded under 40 CFR 261.4(a)(12)). This would typically mean insertion prior to distillation. See 40 CFR 261.6(a)(3)(iii).
Unrefined waste-derived fuels and oils from petroleum refineries — Hazardous waste fuel produced at a petroleum refinery from oil-bearing hazardous wastes that are introduced into the refining process after the distillation step, or that are reintroduced in a process that does not include distillation, are exempt if the resulting fuel meets the specifications under the federal recycled used oil standards in 40 CFR 279.11. Oil that is recovered from hazardous waste at a petroleum refinery and burned as a fuel is also exempt provided it meets the used oil specifications. See 40 CFR 261.6(a)(3)(iv).

For more information, see:

For full regulatory text, see 40 CFR 261.6(a)(3)
For introductory information on these exclusions, see pages 32 and 33 of the RCRA Orientation Manual, Section III: Managing Hazardous Waste - RCRA Subtitle C, Chapter 2: Hazardous Waste Recycling and Universal Wastes (PDF) (10 pp, 145K)

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Materials Subject to Alternative Standards

Several types of materials are subject to alternative management standards for collection and/or recycling:

Universal Waste

The universal waste program promotes the collection and recycling of certain widely generated hazardous wastes. At present, the universal waste regulations include batteries, pesticides, lamps (e.g., fluorescent bulbs), and mercury-containing equipment (e.g., thermostats). The universal waste rule is designed to reduce hazardous waste in the municipal solid waste stream by making it easier for universal waste handlers to collect these items and send them for recycling or proper disposal. In addition, the regulations also ensure that the wastes subject to this system will go to appropriate treatment or recycling facilities pursuant to the full hazardous waste regulatory controls.

For more information, see:
- EPA's Universal Waste area.
- For full regulatory text, see 40 CFR Part 273
- For introductory information on this topic, see pages 37 to 39 of the RCRA Orientation Manual, Section III: Managing Hazardous Waste - RCRA Subtitle C, Chapter 2: Hazardous Waste Recycling and Universal Wastes (PDF) (10 pp, 145K)
Used Oil

Used oil includes petroleum-based or synthetic oil that has been used. Because used oil has certain unique properties that make it distinct from most hazardous wastestreams and is an easily recyclable material, EPA developed special recycling regulations for used oil that are completely separate from hazardous waste recycling standards.

For more information, see:
- EPA's Used Oil Management Program area.
- For introductory information on this topic, see pages 33 to 37 of the RCRA Orientation Manual, Section III: Managing Hazardous Waste - RCRA Subtitle C, Chapter 2: Hazardous Waste Recycling and Universal Wastes (PDF) (10 pp, 145K)
- For full regulatory text, see 40 CFR Part 279
Recyclable Materials Used in a Manner Constituting Disposal

Use constituting disposal (UCD) is the direct placement of wastes or products containing wastes (e.g., asphalt with petroleum-refining wastes as an ingredient) on the land. To be placed on the land, waste-derived products must: (1) be made for the general public’s use; (2) have undergone a chemical reaction so as to be inseparable by physical means; and (3) meet applicable land disposal restrictions (LDR) treatment standards. Once these waste-derived products meet these standards, they are no longer restricted from placement on the land. Materials that do not meet these criteria remain regulated. There are also special standards for hazardous wastes used to make zinc micronutrient fertilizers.

For more information, see:
- For full regulatory text, see 40 CFR Part 266 Subpart C
- For introductory information on this topic, see page 31 of the RCRA Orientation Manual, Section III: Managing Hazardous Waste - RCRA Subtitle C, Chapter 2: Hazardous Waste Recycling and Universal Wastes (PDF) (13 pp, 92K)
Materials Utilized for Precious Metal Recovery

Precious metals reclamation is the recycling and recovery of precious metals (i.e., gold, silver, platinum, palladium, iridium, osmium, rhodium, and ruthenium) from hazardous waste. Because these materials will be handled protectively as valuable commodities with significant economic value, generators, transporters, and storers of such recyclable materials are subject to reduced requirements.

For more information, see:
- For full regulatory text, see 40 CFR Part 266 Subpart F
- For introductory information on this topic, see pages 31 to 37 of the RCRA Orientation Manual, Section III: Managing Hazardous Waste - RCRA Subtitle C, Chapter 2: Hazardous Waste Recycling and Universal Wastes (PDF) (10 pp, 145K)
- To view additional regulatory and interpretative information on this topic, see the Definition of Solid Waste Compendium, Volume P: Precious Metals Reclamation (PDF) (13 pp, 184K)
Spent Lead-Acid Batteries Being Reclaimed

Persons who generate, transport, regenerate, collect, and store spent lead-acid batteries prior to reclamation, but do not perform the actual reclamation, are not subject to hazardous waste regulation. However, owners and operators of facilities that store spent batteries before reclamation, other than spent batteries that are regenerated (processed to remove contaminants and restore the product to a useable condition), are subject to regulation in a manner similar to hazardous waste treatment, storage, and disposal facilities (TSDFs).

Note: Lead-acid batteries may also be managed as a Universal Waste.

For more information, see:
- EPA's Spent Lead-Acid Batteries web site.
- For full regulatory text, see 40 CFR Part 266 Subpart G
- For introductory information on this topic, see page 31 of the RCRA Orientation Manual, Section III: Managing Hazardous Waste - RCRA Subtitle C, Chapter 2: Hazardous Waste Recycling and Universal Wastes (PDF) (10 pp, 145K)
- To view additional regulatory and interpretative information on this topic, see the Definition of Solid Waste Compendium, Volume Q: Spent Lead-Acid Batteries. (17 pp, 130K)
Hazardous Waste Burned in Boilers and Industrial Furnaces

The process of recycling hazardous waste by burning it for energy recovery may pose significant air emission hazards. Therefore, EPA established specific operating standards for units burning hazardous wastes for energy recovery. These units are known as boilers or industrial furnaces (BIFs).

For more information, see:
- EPA's Hazardous Waste Burned in Boilers and Industrial Furnaces web site.
- For full regulatory text, see 40 CFR Part 266 Subpart H
- For introductory information on this topic, see page 31 of the RCRA Orientation Manual, Section III: Managing Hazardous Waste - RCRA Subtitle C, Chapter 2: Hazardous Waste Recycling and Universal Wastes (PDF) (10 pp, 145K)

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Materials Required to Comply with Full Hazardous Waste Regulations

Most recycled hazardous wastes are subject to full hazardous waste regulation. This means that handlers of these recyclable materials (i.e., persons who generate, transport, or store prior to recycling) are subject to the same regulations as handlers who are managing hazardous wastes prior to disposal.

The requirements for facilities that store and/or recycle hazardous wastes are outlined in 40 CFR 261.6(b)-(c). Additional information on requirements for persons who generate, transport, or store prior to recycling is provided at the Hazardous Waste area.

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Hazardous Waste Recycling Regulations

Related Links

Materials Not Subject to RCRA Hazardous Waste Regulation

Materials Subject to Alternative Standards

Materials Required to Comply with Full Hazardous Waste Regulations

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