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EXCLUSIONS FROM REGULATION AS SOLID WASTEOne presentation in a series that briefly explains the Federal exclusions from full regulation for certain materials under the Resource Conservation and Recovery Act (RCRA).

40 CFR 261.4(a)(8)

This presentation: 40 CFR 261.4(a)(8):The Closed Loop Recycling Exclusion

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PRESENTED BY:

Daniels Training Services815.821.1550www.DanielsTraining.comInfo@DanielsTraining.com

A different kind of training.

40 CFR 261.4(a)(8)

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40 CFR 261.4(a)

• Paragraph ‘a’ of section 261.4 identifies 25 materials excluded from regulation as a solid waste.

• If a material does not meet the definition of a solid waste, it cannot be a hazardous waste.

40 CFR 261.4(a)(8)

Solid Waste

Hazardous Waste

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Closed Loop Recycling“To further promote waste reduction and recycling, spent materials that are reclaimed and returned to the original process in an enclosed system of pipes and tanks are excluded from the definition of solid waste, provided that: • Only tank storage is involved, and the entire process, through

reclamation, is closed to the air (i.e., enclosed) • Reclamation does not involve controlled flame combustion, such as

that which occurs in boilers, industrial furnaces, or incinerators • Waste materials are never accumulated in tanks for more than 12

months without being reclaimed • Reclaimed materials are not used to produce a fuel, or used to

produce products that are used in a manner constituting disposal.

An example of such a closed-loop system might include a closed solvent recovery system in which the dirty solvents are piped from the degreasing unit to a solvent still where the solvent is cleaned, and then piped back to the degreasing unit.”

40 CFR 261.4(a)(8)

2011 RCRA Orientation Manual

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“The following materials are not solid wastes for the purpose of this part…” (1.0)

• Waste-like materials generated during the production of a product or delivery of service (ie. secondary materials)

If…• Reclaimed and returned to original process generated.

Production Process

Secondary Material

Reclamation Process

Reclaimed Material

40 CFR 261.4(a)(8)

And…

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“The following materials are not solid wastes for the purpose of this part…” (2.0)

• Only tank storage is involved.

• Entire process is enclosed within piping or other conveyances.

40 CFR 261.4(a)(8)

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“The following materials are not solid wastes for the purpose of this part…” (3.0)

40 CFR 261.4(a)(8)

• Reclamation does not involve controlled flame combustion (such as occurs in boilers, industrial furnaces, or incinerators).

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“The following materials are not solid wastes for the purpose of this part…” (4.0)

• The secondary materials are never accumulated in such tanks for over twelve months without being reclaimed.

40 CFR 261.4(a)(8)

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“The following materials are not solid wastes for the purpose of this part…” (5.0)

• The reclaimed material is not used to produce a fuel.

Or…• Used to produce products that are used in a manner constituting disposal.

40 CFR 261.4(a)(8)

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More to Consider (1.0)…

• Secondary Material is a term used by USEPA at a particular stage of the Hazardous Waste Determination: 40 CFR 261.2 – Definition of solid waste. It is not defined @ 40 CFR 260.10, though Hazardous Secondary Material is:• Hazardous secondary material means a secondary material (e.g., spent material, by-product, or sludge) that, when discarded, would be identified as hazardous waste under part 261 of this chapter.

40 CFR 261.4(a)(8)

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More to Consider (2.0)…

• Secondary Materials consist of:• Spent Materials• Sludges• By-Products• Commercial Chemical Products• Scrap Metal

40 CFR 261.4(a)(8)

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More to Consider (3.0)…• [40 CFR 261.1(c)(1)]: A “spent material” is any

material that has been used and as a result of contamination can no longer serve the purpose for which it was produced without processing.

• [40 CFR 261.1(c)(3)]: A “by-product” is a material that is not one of the primary products of a production process and is not solely or separately produced by the production process. Examples are process residues such as slags or distillation column bottoms. The term does not include a co-product that is produced for the general public's use and is ordinarily used in the form it is produced by the process.

40 CFR 261.4(a)(8)

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More to Consider (4.0)…

• (40 CFR 260.10): Sludge means any solid, semi-solid, or liquid waste generated from a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility exclusive of the treated effluent from a wastewater treatment plant.

• [40 CFR 261.1(c)(6)]: “Scrap metal” is bits and pieces of metal parts (e.g.,) bars, turnings, rods, sheets, wire) or metal pieces that may be combined together with bolts or soldering (e.g., radiators, scrap automobiles, railroad box cars), which when worn or superfluous can be recycled.

40 CFR 261.4(a)(8)

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More to Consider (5.0)…

• Table 1 of 40 CFR 261.2 identifies Commercial Chemical Products listed in 40 CFR 261.33. In other words, P- & U-listed hazardous waste. However, USEPA interpretations expand this definition.

• [40 CFR 261.1(b)(4)]: A material is “reclaimed” if it is processed to recover a usable product, or if it is regenerated. Examples are recovery of lead values from spent batteries and regeneration of spent solvents.

40 CFR 261.4(a)(8)

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More to Consider (6.0)…

• Check with your State as it may not recognize this Federal exclusion.

40 CFR 261.4(a)(8)

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40 CFR 261.4(a)(8) Verbatim (1.0):

(a) Materials which are not solid wastes. The following materials are not solid wastes for the purpose of this part:…(8) 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:(i) Only tank storage is involved, and the entire process through completion of reclamation is closed by being entirely connected with pipes or other comparable enclosed means of conveyance;

40 CFR 261.4(a)(8)

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40 CFR 261.4(a)(8) Verbatim (2.0):

(a) Materials which are not solid wastes. The following materials are not solid wastes for the purpose of this part:

…

(ii) Reclamation does not involve controlled flame combustion (such as occurs in boilers, industrial furnaces, or incinerators);

(iii) The secondary materials are never accumulated in such tanks for over twelve months without being reclaimed; and

(iv) The reclaimed material is not used to produce a fuel, or used to produce products that are used in a manner constituting disposal.

40 CFR 261.4(a)(8)

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Got Questions About RCRA or HazMat Transportation?

I provide:

Annual RCRA Training for Hazardous Waste Personnel

and

Triennial HazMat Employee Training

Public Seminar or Onsite Training

Daniels Training Services815.821.1550Info@DanielsTraining.comwww.DanielsTraining.com

40 CFR 261.4(a)(8)