Memo Detail

Full Document:PDF Link
RCRA Online Number: 14850
Document Date: 2015-05-08
To: DeWitt
From: Johnson
Organization of Recipient: Warner, Norcross & Judd LLP
Description: Nicotine is a commercial chemical product listed in 40 CFR 261.33(e) and is an acute hazardous waste (EPA waste code P075) when disposed. EPA has concluded that nicotine is the sole active ingredient of the e-liquid in e-cigarettes and thus a commercial chemical product, e-cigarettes are not manufactured articles, and e-cigarette cartridges are considered containers of nicotine. Therefore, e-cigarettes may be regulated as acute hazardous waste P075 when disposed. If the nicotine e-liquid is legitimately recycled, it is not considered a solid waste under 261.2 because it is considered a commercial chemical product, and therefore it is not subject to hazardous waste regulation. E-cigarettes that are disposed of by consumers at their residences are considered exempt household hazardous waste under 261.4(b)(1) and are not subject to regulation as hazardous waste under the federal RCRA regulations.
Regulatory Citation(s): 261.4(b)(1), 261.33, 261.2
Statutory Citation(s): 3006 Read US Code 42, Chapter 82
Official ORCR Policy: Yes
Associated Topic(s): Hazardous Waste Recycling, Identification of Hazardous Waste, Listing Hazardous Waste, P-wastes