Full Document:
RCRA Online Number: 14818
Title: COMBINING EXCLUDED HAZARDOUS SECONDARY MATERIALS WITH OTHER SIMILAR HAZARDOUS WASTES PRIOR TO RECLAMATION
Document Date: 2011-02-11
To: Schantz and Fusco
From: Rudzinski
Organization of Recipient: Veolia Environmental Services and Safety-Kleen Systems, Inc.
Description: The regulatory status of the material depends on how the generator who sent the materials chose to manage and transfer the materials off-site. A reclaimer mixing excluded hazardous secondary materials with regulated hazardous wastes of the same type may only mix the materials for the purpose of reclamation. The reclaimer must manage the excluded hazardous secondary materials under 261.4(a)(24) up to the point that they mix the excluded materials with similar materials that are regulated hazardous wastes. After mixing the excluded hazardous secondary materials with regulated hazardous wastes, the reclaimer must manage the entire mixture as hazardous waste for the purpose of reclamation and comply with the standard hazardous waste regulations applicable to hazardous waste managed by an off-site reclaimer (i.e., 40 CFR 261.6(c) and (d) or 40 CFR Parts 264 or 265). Mixing 'for the purpose of reclamation' can be satisfied by mixing in units that are dedicated for reclamation, such as storage units that are connected to reclamation units by hard pipes or other conveyances; storage units that are solely used to store materials prior to the reclamation process; and recycling units. Excluded hazardous secondary materials cannot be mixed with regulated hazardous wastes and still maintain the exclusion from the definition of solid waste. If excluded hazardous secondary materials are mixed with hazardous wastes, the resulting mixture is a hazardous waste. This mixing activity by the reclaimer does not affect the requirements applicable to generators who shipped the hazardous secondary materials, provided that the hazardous secondary materials are transferred for the purpose of reclamation andthe reclaimer complies with all applicable conditions of 261.4(a)(24) prior to mixing.
Regulatory Citation(s): 261.6(c), 261.4(a)(24)
Official ORCR Policy: Yes
Associated Topic(s):
Exclusions (RCRA) |