Frequent Questions Related to Hazardous Waste Recycling, the Definition of Solid Waste and Other Exemptions and Exclusions

These frequent questions pertain to the federal regulations. Since most states are authorized to implement the federal regulations and can be more stringent you should contact your state agency to acquire additional information.

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Related Frequent Questions

What is a commercial chemical product (CCP) and what is its regulatory status when reclaimed?

A commercial chemical product (CCP) is an unused chemical intermediate, off-specification variant, or spill or container residues as defined in Section 261.33 (Volume 50 of the Federal Register (FR) starting on 614, guidance on page 618; January 4, 1985). CCPs include all types of unused chemical products, including products that would not commonly be considered chemicals (e.g., circuit boards, batteries, and other types of equipment).

The term also includes chemical products that are not listed in Section 261.33 but exhibit one or more characteristics of hazardous waste (50 FR 14216, 14219; April 11, 1985). Although Section 261.2(c)(3), Table 1, applies this provision to CCPs listed in Title 40 of the Code of Federal Regulations (CFR) Section 261.33, EPA interprets the definition to also include CCPs that are not listed in Section 261.33 but exhibit one or more of the characteristics of hazardous waste.

The regulatory status of a secondary material when reclaimed depends on the type of material reclaimed. CCPs are not regulated as solid wastes when reclaimed. CCPs are also not solid wastes when speculatively accumulated, but are solid waste when used in a manner constituting disposal or burned for energy recovery, used to produce a fuel or contained in fuels (Section 261.2(c)).
 

Additional information on CCPs is available in the following documents: 

50 FR 14216, 14219, April 11, 1985
Monthly Call Center Report Question, August 1996 (RCRA Online #14012)
Memo, Lowrance to Kaul, February 23, 1993 (RCRA Online #11726)
Memo, Clay to Ream; November 28, 1990 (RCRA Online #13431)
Memo, Williams to Gray; January 20, 1988 (RCRA Online #11321)

Are commercial chemical products (CCPs) solid waste when burned as a fuel for energy recovery?

The manner in which a secondary material is recycled determines whether the material is a solid waste and, therefore, potentially regulated as a hazardous waste. The type of recycling called "burning for energy recovery" includes two activities: burning hazardous waste for energy recovery and using waste to produce a fuel (Section 261.2(c)(2) and 50 FR 614, 630; January 4, 1985). All secondary materials that are burned for energy recovery or used to produce a fuel or otherwise contained in fuels are solid wastes (Section 261.2). However, recycled CCPs that are themselves fuels are not considered solid wastes when burned for energy recovery since burning as a fuel is consistent with the product's intended use (Section 261.2(c)(2)(ii)). For example, off-specification jet fuel is not a solid waste when it is burned for energy recovery because it is itself a fuel. 

Additional information on the burning of CCP fuels is available in the following documents:

Memo, Johnson to Wieties, November 1, 2016 (RCRA Online #14883)
Memo, Cotsworth to Wasserstrom; August 8, 2002 (RCRA Online #14609)
Memo, Bussard to Gable; July 11, 1994 (RCRA Online #11848) 
Memo, Denit to Bozaan; November 25, 1992 (RCRA Online #11713) 
Memo, Barnes to Haake; July 31, 1989 (RCRA Online #11449) 
Memo, Williams to Corden; December 23, 1986 (RCRA Online #12825) 
Monthly Call Center Report Question; November 1986 (RCRA Online #12773) 
Memo, Williams to Citizen; March 19, 1986 (RCRA Online #11138) 
Memo, Williams to Weaver; March 8, 1986 (RCRA Online #12578) 
Monthly Report Question; December 1985 (RCRA Online #12505)

At what point does an unused commercial chemical product become a solid waste?

A solid waste is any discarded material that is abandoned, is recycled, is inherently waste-like, or is a military munition as defined in 40 CFR Section 261.2. An unused commercial chemical product (CCP) meets the definition of a solid waste when the generator makes the decision to discard it. Under RCRA, unused products do not become ‘waste’ until they become ‘discarded material.’ EPA believes that an unused product becomes ‘discarded’ when an intent to discard the material is demonstrated (62 FR 6622, 6626; February 12, 1997). EPA did not intend to regulate those cases when the chemical is released into the environment as a result of use (Memo, Claussen to Warren; September 29, 1986, RCRA Online #11182).

Abandoned commercial chemical products may be solid and hazardous waste. (Memo, Devlin to Regional Division Directors, May 14, 2013, RCRA Online #14837),  Spilled commercial chemical products may be a solid and hazardous waste if not promptly cleaned up. A commercial chemical product recovered from a spill is not a solid waste if used for its intended purpose or sent for reclamation. (Memo, Fields to Gable, February 2, 1998, RCRA Online #14650.)

A decision to send potentially creditable pharmaceuticals through reverse distribution to obtain manufacturer credit is considered a decision to discard. Nonprescription pharmaceuticals or other retail items that become unsalable at a retail store can continue to be considered products until a reverse logistics center or other subsequent entity makes the decision to discard it, as long as there is a reasonable expectation of it being legitimately used/reused (e.g., lawfully redistributed for its intended purpose) or reclaimed. (Memo, Johnson to Regional Division Directors, October 17, 2019 RCRA Online #14915)

Additional information regarding the solid waste determination for CCPs is available in the following documents: 

Memo, Johnson to Wieties, November 1, 2016 (RCRA Online #14883)
Memo, Johnson to DeMuth, May 8, 2015 (RCRA Online #14851)
Memo, Devlin to Tuori, April 11, 2014 (RCRA Online #14841)
Memo, Bussard to Caputo; November 20, 1997 (RCRA Online #14163)
Monthly Call Center Report Question; August 1, 1996 (RCRA Online #14012)
Memo, Lowrance to Shultz; May 16, 1991 (RCRA Online #11606) 
Memo, Clay to Ream; November 28, 1990 (RCRA Online #13431) 
Memo, Corson to Wittmer; May 13, 1981 (RCRA Online #11012)

What is a by-product and what is its regulatory status when reclaimed?

A by-product is a material that is not a primary product of a production process and is not solely or separately produced by the production process. By-product is a catch-all term that includes most wastes that are not spent materials or sludges and is meant to include "materials, generally of a residual character, that are not produced intentionally or separately, and that are unfit for end use without substantial processing"(50 FR 614, 625; January 4, 1985). Examples of by-products are process residues such as slags or distillation column bottoms (40 CFR Section 261.1(c)(3)). The term by-product does not include co-products. Co-products are materials produced for use by the general public and are suitable for end use essentially as-is. There are two types of by-product categories, listed by-products, which would be found in 40 CFR 261.31 or 40 CFR 261.32, and by-products exhibiting a hazardous characteristic (Section 261.2, Table 1). 

The regulatory status of a secondary material when reclaimed depends on the type of material reclaimed. Listed by-products are regulated as solid waste when reclaimed but characteristic by-products are not. Both kinds of by-product are regulated as solid waste when used in a manner constituting disposal; burned for energy recovery, used to produce a fuel, or contained in fuels; or accumulated speculatively (Section 261.2, Table 1). 

Additional information on by-products is available in the following documents:

Memo, Cotsworth to Jones; February 19, 2002 (RCRA Online #14589)
Memo, Fields to Wolfe; August 15, 1997 (RCRA Online #14158) 
Memo, Shapiro to Lettow; May 19, 1994 (RCRA Online #13671) 
Memo, Petruska to Farmer; August 4, 1993 ( RCRA Online #11763) 
Memo, Denit to Chambers; June 2, 1993 (RCRA Online #11750) 
Memo, Lowrance to Sinibaldi; April 21, 1988 (RCRA Online #11342) 
Memo, Straus to Martin; June 25, 1987 (RCRA Online #11260) 
Memo, Straus to Bzura; June 6, 1985 (RCRA Online #11083)

What is the difference between a by-product and a co-product?

A by-product is a material that is not a primary product of a production process and is not solely or separately produced by the production process, whereas a co-product is produced for the general public's use and is ordinarily used in the form produced by the process (Section 261.1(c)(3)).

Additional information on by-products is available in the following documents:

Memo, Cotsworth to Jones; February 19, 2002 (RCRA Online #14589)
Memo, Shapiro to Gelber; January 31, 1995  (RCRA Online #11936)
Memo, Shapiro to Lettow; May 19, 1994  (RCRA Online #13671)

What is a scrap metal and what is its regulatory status when reclaimed?

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 Section 261.2(c)(6)). Scrap metal is essentially a product made of metal that has become worn out or is off-specification and is recycled to recover its metal content, or metal pieces generated from machining operations and recycled to recover their metal content. Materials not covered by this term include residues generated from smelting and refining operations (i.e., drosses, slags, and sludges), liquid wastes containing metals (i.e., spent acids, spent caustics, or other liquid wastes with metals in solution), liquid metal wastes (i.e. liquid mercury), or metal-containing wastes with a significant liquid component, such as spent batteries (50 FR 614, 624; January 4, 1985). 

The regulatory status of a secondary material when reclaimed depends on the type of material reclaimed. Some types of scrap metal, including processed scrap metal, unprocessed home scrap metal, and unprocessed prompt scrap metal are not solid waste and hence are not subject to regulation under Subtitle C when recycled (per 40 CFR 261.4(a)(13)). In addition, recycled scrap metal that is not excluded from the definition of solid waste is not subject to the requirements of 40 CFR Parts 262 through Parts 266, or Parts 268, 270, or 124, or the notification requirements of Section 3010 of RCRA (Refer to 40 CFR 261.6(a)(3)(ii).)

Additional information on scrap metal is available in the following documents: 

Memo, Johnson to Regional Division Directors; July 19, 2018 (RCRA Online #14920)
Memo, Johnson to Bryant, February 24, 2017 (RCRA Online #14888)
Memo, Flynn to Hohmann; June 11, 1998 (RCRA Online #14202)
Memo, Bussard to Reilly; February 13, 1998 (RCRA Online #14195)
Memo, Cotsworth to Isaacs, August 8, 1997 (RCRA Online #14155)
Memo, Shapiro to Donovan; August 5, 1994 (RCRA Online #11862)
Memo, Bussard to Sahler; July 29, 1994 ( RCRA Online #11860) 
Memo, Bussard to Mauro; May 9, 1994 (RCRA Online #11835) 
Memo, Petruska to Yazdanpanah; September 14, 1993 ( RCRA Online #11769)
Memo, Lowrance to Truitt; April 29, 1993 (RCRA Online # 11742) 
Memo, Lowrance to Tighe; April 29, 1993 ( RCRA Online #11740) 

What is a spent material and what is its regulatory status when reclaimed?

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 undergoing regeneration, reclamation, or reprocessing (Section 261.1(c)(1)). Examples of spent materials include spent solvents, spent activated carbon, spent catalysts, and spent acids (50 FR 614, 624; January 4, 1985). The regulatory status of a secondary material when reclaimed depends on the type of materials reclaimed. Spent materials are solid wastes when they are reclaimed. Spent materials are also regulated as solid wastes when used in a manner constituting disposal; burned for energy recovery, used to produce a fuel, or contained in fuels; or accumulated speculatively (Section 261.2(c)). 

Additional information on spent materials is available in the following documents: 

Monthly Call Center Report Question; April 1, 2003 (RCRA Online #14668)
Memo, Bussard to Woods; August 30, 1994 (RCRA Online #11868) 
Memo, Shapiro to Directors; March 24, 1994 (RCRA Online #11822) 
Memo, Shapiro to Davis; March 24, 1994 (RCRA Online #11821) 
Memo, Lowrance to Eschborn; July 16, 1990 (RCRA Online #11541) 
Monthly Call Center Report Question; December 1986 (RCRA Online #12790) 
Memo, Straus to Gowen; August 13, 1985 (RCRA Online #11101)

If a hazardous waste is to be reclaimed, when is it no longer regulated?

If a hazardous waste is to be reclaimed, it still is a solid waste until reclamation has been completed. Thus, the fact that wastes may be used after reclamation does not affect their status as wastes before and while being reclaimed (50 FR 614, 633; January 4, 1985). Once legitimately reclaimed, the material is no longer a solid waste. Refer to 40 CFR Section 261.3(c)(2)(i).

How is a secondary material regulated if it is recycled by direct use or reuse without prior reclamation?

Direct use or reuse of a secondary material without prior reclamation is a form of recycling. Section 261.2(e) provides exclusions from the definition of solid waste for materials that are directly used or reused without prior reclamation in one of the following ways:

  • used or reused as an ingredient in an industrial process to make a product, provided the materials are not being reclaimed;
  • used or reused as an effective substitute for a commercial product;
  • or when returned the original production process from which it was generated as a substitute for feedstock materials.

These recycling activities are not considered to involve waste management since they are akin to ordinary production operations or the ordinary use of commercial products (50 FR 614, 619; January 4, 1985).

However, there are certain situations where use or reuse of a material without prior reclamation is still considered to be management of a solid waste. Section 261.2(e)(2) designates as solid wastes the following materials even if they are used or reused directly: materials used in a manner constituting disposal, or used to produce products that are applied to the land; materials burned for energy recovery, used to produce a fuel, or contained in fuels; materials accumulated speculatively; and dioxin-containing wastes considered inherently waste-like (F020, F021, F022, F023, F026, and F028). 

Additional information on recycling of secondary materials by direct use or reuse is available in the following documents: 

Memo, Hale to Regional Division Directors, October 4, 2005 (RCRA Online #14748)
Memo, Anders to Naylor; November 13, 1996 (RCRA Online #14099) 
Memo, Bussard to Woods; August 30, 1994 (RCRA Online #11868) 
Memo, Petruska to Amour; July 11, 1994 (RCRA Online #11849)
Memo, Bussard to Nebrich; March 30, 1994 (RCRA Online #11823) 
Monthly Report Question; May 1992 (RCRA Online #13539)
Memo, Straus to Lawrence; May 30, 1986 (RCRA Online #11159) 
Memo, Straus to Bzura; June 6, 1985 (RCRA Online #11083) 
Memo, Skinner to Scarbrough; June 5, 1985 (RCRA Online #11081)

What are the regulatory requirements for owners and operators of recycling facilities that immediately recycle hazardous waste without prior storage?

The RCRA Subtitle C requirements for owners and operators of facilities that recycle materials without prior storage are outlined in 40 CFR Section 261.6(c)(2) Opens a New Window.  . Owners and operators of these facilities must obtain an EPA ID number and follow guidelines for the use of the manifest and the reporting of manifest discrepancies (Section 261.6(c)(2)(i)-(ii). In addition, recycling units at facilities otherwise subject to RCRA permitting must comply with the air emission standards in Part 264/265, Subparts AA and BB (Section 261.6(d)). Aside from the air emission requirements, the recycling process itself is exempt from Subtitle C requirements (Section 261.6(c)(1)). (62 FR 64635, 64638; December 8, 1997).

Additional information regarding the applicability of air emission standards to recycling units is available in the following document:

Monthly Call Center Report Question; June 2000 (RCRA Online 14461)

What is the manufacturing process tank exclusion and when does it apply to a wastestream?

A hazardous waste that is generated in a product or raw material storage tank, a product or raw material transport vessel, a product or raw material pipeline, or in a manufacturing process unit or an associated non-waste-treatment-manufacturing unit, is not subject to regulation under 40 CFR Parts 262 through 265, 268, 270, 271, and 124 or the notification requirements of Section 3010 of RCRA until it exits the unit in which it was generated, unless the unit is a surface impoundment, or unless the hazardous waste remains in the unit more than 90 days after the unit ceases to be operated for manufacturing, or for storage or transportation of product or raw materials (Section 261.4(c)). If the waste were not generated in the unit, it would not qualify for the exclusion.

Additional information on the manufacturing process unit exclusion is available in the following documents:

Memo, Johnson to RCRA Division Directors, October 3, 2016 (RCRA Online #14884)
Memo, Cotsworth to Pavlou; May 26, 2000 (RCRA Online #14469)
Monthly Call Center Report Question; August 1998 (RCRA Online #14309)
Memo, Shapiro to Sweeney; April 20, 1995 (RCRA Online #11903)
Memo, Petruska to Goldman; March 8, 1995 (RCRA Online #11899)
Memo, Bussard to Duthler; January 26, 1995 (RCRA Online #11935)
Monthly Call Center Report Question; May 1990 (RCRA Online #13374)
Monthly Call Center Report Question; October 1989 (RCRA Online #13321)
Monthly Call Center Report Question; August 1987 (RCRA Online #12997)
Memo, Weil to Baker; June 29, 1987 (RCRA Online #12959),
Williams to Swed; December 22, 1986 (RCRA Online #12824)
Monthly Call Center Report Question; December 1986 (RCRA Online #12790)

Do industrial wastewater discharges regulated under the Clean Water Act (CWA) meet the definition of a solid waste under RCRA?

Industrial wastewater discharges that are point source discharges subject to regulation under CWA Section 402 are excluded from the definition of solid waste (40 CFR Section 261.4(a)(2)). Point source discharges are discernible or discrete conveyances from which pollutants may be discharged, such as from a pipe (Section 260.10). CWA regulates such discharges under the National Pollutant Discharge Elimination System (NPDES) permitting program. The purpose of the industrial point source discharge exclusion is to avoid duplicative regulation of point source discharges under RCRA and CWA (45 FR 33066, 33098; May 19, 1980).
 
The exclusion applies at the discharge point where the wastes are first subject to CWA regulation (Monthly Report Question; October 1987 (RCRA Online #13051)). The exclusion does not apply to industrial wastewaters prior to discharge since most of the environmental hazards posed by wastewaters in treatment and holding facilities cannot be controlled under CWA (45 FR 33066, 33098; May 19, 1980). Therefore, industrial wastewaters must be managed as solid or hazardous waste while they are being collected, stored, or treated before discharge (Memo, Shapiro to Regions; February 17, 1995 (RCRA Online #11895)). In addition, any sludges generated by treating the industrial wastewater must be managed as solid or hazardous waste (Memo, Lowrance to Citizen; July 12, 1991 (RCRA Online #11628). 

Additional information regarding industrial water discharges is available in the following documents: 
Memo, Williams to Dougherty; December 10, 1987 (RCRA Online #11309) 
Memo, Williams to Stringham; January 23, 1986 (RCRA Online #11125) 
Memo, Klepitsch to Straus; June 4, 1984 (RCRA Online #12250)

When does the domestic sewage exclusion apply? Does it apply to wastes removed from a sewer system or if the waste goes to a private sewer system?

The domestic sewage exclusion in 40 CFR Section 261.4(a)(1) applies to domestic sewage and any mixture of domestic sewage and other wastes that pass through a sewer system to a Publicly Owned Treatment Works (POTW) for treatment. Waste falls within the domestic sewage exclusion when it first enters a sewer system that will mix it with sanitary wastes prior to storage or treatment by a POTW.

The domestic sewage mixture must pass through a sewer system to a POTW. The domestic sewage exclusion does not extend to wastes which are transported to the POTW by truck, rail, or dedicated pipe and which do not mix with domestic sewage sludge.

Sludge removed from a sewer line is not excluded because it does not pass through a sewer system to a POTW. Domestic sewage sludge loses excluded status upon removal from the sewer system.

The domestic sewage exclusion does not extend to private or other non-municipal treatment works. Thus, a mixture of sewage with other wastes en route to a non-municipal treatment works does not cease to be a solid waste. Furthermore, although RCRA does not define sewer systems, it is not EPA's intent to include private sewers or wastewater treatment units up-stream from the point where pre-treatment standards (Section 307(b) of CWA) would apply to wastes going by a sewer to a POTW.

Materials in domestic sewage that pass through a federally owned treatment works (FOTW) are excluded from the definition of solid waste if FOTW meets criteria in Section 106 of FFCA.

References:

40 CFR Section 261.4(a)(1); 45 FR 33084, 33097; May 19, 1980
Monthly Call Center Report Question, July 1987 (RCRA Online #12963)
52 FR 23477, 23478, June 22, 1987
Memo, Williams to Stringham, November 30, 1986 (RCRA Online #12789)
Memo, Bussard to Warren, March 10, 1997 (RCRA Online #14068)
Memo, Lowrance to Corbett, February 12, 1990 (RCRA Online #11490)
Memo, Clay to Schafer, June 7, 1991 (RCRA Online #14322)
Monthly Call Center Report Question, October 1982 (RCRA Online #12066)
Monthly Call Center Report Question, January 1988 (RCRA Online #14169)

Does the household hazardous waste (HHW) exclusion extend to HHW collected in HHW collection programs?

The HHW exclusion extends to household wastes accumulated in quantities that would otherwise be regulated or when transported, stored, treated, disposed, recovered, or reused at collection centers or during collection programs. However, if household wastes are mixed with regulated hazardous waste from commercial or industrial sources, the resulting mixture could be subject to RCRA regulation and the collection center could be a hazardous waste generator (Memo, Porter to Directors, Regions 1-10; November 1, 1988 RCRA Online #11377). If a collection center does not wish to segregate HHW from other hazardous waste, or if they wish to adopt the most environmentally conservative approach, they may handle all of the waste as hazardous waste and count it all towards their generator status (Memo, Helms to Toro; July 12, 1996 RCRA Online #11958).

Additional information regarding HHW collection is available in the following documents: 

Memo, Wheeler to U.S. Law Enforcement, September 11, 2018, (RCRA Online #14906)
Memo, Horinko to Niebur; January 21, 2003 (RCRA Online #14647)
Memo, Lehman to Constantelos; January 28, 1986 (RCRA Online #12547)

Additional information regarding HHW.

Is using manure on crops as a fertilizer an activity considered disposal of a hazardous waste and therefore subject to RCRA?

Agricultural wastes, including manures and crop residues, returned to the soil as fertilizers or soil conditioners are excluded from regulation as hazardous waste (40 CFR Section 261.4(b)(2)) (45 FR 33066, 33099; May 19, 1980 (OSW-FR-80-011)).

Additional information regarding the agricultural waste exclusion is available in the following document: Memo, Unknown to Connors; August 19, 1980 (RCRA Online #12002) 

Does the Section 261.4(a)(7) exclusion apply if a facility reclaims the spent sulfuric acid by filtration to produce virgin sulfuric acid?

The Section 261.4(a)(7) exclusion applies only to spent sulfuric acid used as a feedstock in an industrial furnace for the production of virgin sulfuric acid and does not extend to spent sulfuric acid recycled in any other manner. Spent sulfuric acid is frequently burned in industrial furnaces to derive sulfur. As part of the same process, this sulfur is then purified, chemically converted, and absorbed into existing sulfuric acid. EPA has concluded that spent sulfuric acid that undergoes this process is neither regenerated nor recovered, but rather used as an ingredient in a production process (48 FR 14487; April 4, 1983). On the other hand, spent sulfuric acid recycled by another method, such as filtration, is not excluded under Section 261.4(a)(7).

Is a discarded freon cylinder regulated as hazardous waste?

Freon is considered a hazardous waste when used as a refrigerant or blowing agent if the waste generated exhibits a characteristic of a hazardous waste. However, to promote recycling and discourage the practice of venting used chlorofluorocarbon (CFC) refrigerants into the atmosphere in order to avoid Subtitle C regulation, the Agency has provided an exclusion for CFCs that are recycled (i.e., reclaimed for reuse) (56 FR 5910; February 13, 1991 (OSW-FR-91-005)). Used CFCs from totally enclosed heat transfer equipment (i.e., air conditioning and refrigeration systems) are not hazardous wastes when recycled, as long as the refrigerant is reclaimed for further use (40 CFR section 261.4(b)(12)). However, filters from the chlorofluorocarbon (CFC) refrigerant reclamation process do not qualify for the Section 261.4(b)(12) exclusion.

Additional information on the CFC exclusion is available in the following documents:

Memo, Shapiro to Wolf; August 22, 1994 (RCRA Online 14323)
Monthly Call Center Report Question; September 1992 (RCRA Online #13560).

If a batch of whole circuit boards contains mercury switches, mercury relays, nickel-cadmium batteries, and lithium batteries, but the items are removed prior to shredding, are the shredded circuit boards eligible for the Section 261.4(a)(14) exclusion?

Circuit boards that have mercury switches, mercury relays, nickel-cadmium batteries, and lithium batteries removed prior to shredding, and that are containerized prior to recycling, are eligible for the exclusion in Section 261.4(a)(14). EPA limited the scope of the exclusion to circuit boards free of these items to prevent potential releases of mercury, cadmium, and lithium to the environment. "Free of," however, does not mean that the whole circuit boards never contained these items; it simply means these items were not part of the batch of circuit boards when shredded (62 FR 26013; May 12, 1997). If these items are removed from the whole circuit boards prior to shredding, the boards remain within the scope of the exclusion. On the other hand, shredded circuit boards that are not free of mercury switches, mercury relays, nickel-cadmium batteries, and lithium batteries are solid wastes and potentially hazardous wastes when recycled.

Additional information is available in the following documents:

Monthly Call Center Report Question; December 2003 (RCRA Online #14692)

How is spent photographic fixer solution regulated when it is being recycled to recover silver?

Fixer solution itself is a spent material and regulated by 40 CFR Part 266, Subpart F, when reclaimed. A sludge precipitated from that solution is not a solid waste when reclaimed and is not subject to regulation pursuant to Part 266, Subpart F.

The following memoranda provide additional information on the management of spent photographic fixer solution: 

Memo, Petruska to Stoneburner; August 16, 1995 (RCRA Online #13758) 
Memo, Petruska to McCoy; August 10, 1995 (RCRA Online #11914) 
Memo, Shapiro to Donovan; February 28, 1994 (RCRA Online #11814) 
Memo, Lowrance to Eschborn; July 16, 1990 (RCRA Online #11541)
Monthly Call Center Report Question; July 1985 (RCRA Online #12432) 

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