C.F.R. » Title 40 » CHAPTER I—ENVIRONMENTAL PROTECTION AGENCY › SUBCHAPTER I—SOLID WASTES › PART 261—IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Subpart A—General

40 C.F.R. § 261.6

Requirements for recyclable materials

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(a)(1) Hazardous wastes that are recycled are subject to the requirements for generators, transporters, and storage facilities of paragraphs (b) and (c) of this section, except for the materials listed in paragraphs (a)(2) and (a)(3) of this section. Hazardous wastes that are recycled will be known as “recyclable materials.”

(2) The following recyclable materials are not subject to the requirements of this section but are regulated under subparts C through Q of part 266 of this chapter and all applicable provisions in parts 268, 270, and 124 of this chapter.

(i) Recyclable materials used in a manner constituting disposal (40 CFR part 266, subpart C);

(ii) Hazardous wastes burned (as defined in section 266.100(a)) in boilers and industrial furnaces that are not regulated under subpart O of part 264 or 265 of this chapter (40 CFR part 266, subpart H);

(iii) Recyclable materials from which precious metals are reclaimed (40 CFR part 266, subpart F);

(iv) Spent lead-acid batteries that are being reclaimed (40 CFR part 266, subpart G).

(v) Ignitable spent refrigerants recycled for reuse (40 CFR part 266, subpart Q).

(3) The following recyclable materials are not subject to regulation under parts 262 through parts 268, 270 or 124 of this chapter, and are not subject to the notification requirements of section 3010 of RCRA:

(i) Industrial ethyl alcohol that is reclaimed except that exports and imports of such recyclable materials must comply with the requirements of 40 CFR part 262, subpart H.

(A) The person initiating a shipment for reclamation in a foreign country, and any intermediary arranging for the shipment, must comply with the requirements applicable to an exporter in § 262.83 of this chapter with the exception of § 262.83(c);

(B) Transporters transporting a shipment for export or import must comply with the movement document requirements listed in § 263.20(a)(2) and (c) of this chapter.

(ii) Scrap metal that is not excluded under § 261.4(a)(13);

(iii) 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 § 261.4(a)(12);

(iv)(A) Hazardous waste fuel produced from oil-bearing hazardous wastes from petroleum refining, production, or transportation practices, or produced from oil reclaimed from such hazardous wastes, where such hazardous wastes are reintroduced into a process that does not use distillation or does not produce products from crude oil so long as the resulting fuel meets the used oil specification under § 279.11 of this chapter and so long as no other hazardous wastes are used to produce the hazardous waste fuel;

(B) Hazardous waste fuel produced from oil-bearing hazardous waste from petroleum refining production, and transportation practices, where such hazardous wastes are reintroduced into a refining process after a point at which contaminants are removed, so long as the fuel meets the used oil fuel specification under § 279.11 of this chapter; and

(C) Oil reclaimed from oil-bearing hazardous wastes from petroleum refining, production, and transportation practices, which reclaimed oil is burned as a fuel without reintroduction to a refining process, so long as the reclaimed oil meets the used oil fuel specification under § 279.11 of this chapter.

(4) Used oil that is recycled and is also a hazardous waste solely because it exhibits a hazardous characteristic is not subject to the requirements of parts 260 through 268 of this chapter, but is regulated under part 279 of this chapter. Used oil that is recycled includes any used oil which is reused, following its original use, for any purpose (including the purpose for which the oil was originally used). Such term includes, but is not limited to, oil which is re-refined, reclaimed, burned for energy recovery, or reprocessed.

(5) Hazardous waste that is exported or imported for purpose of recovery is subject to the requirements of 40 CFR part 262, subpart H.

(b) Generators and transporters of recyclable materials are subject to the applicable requirements of parts 262 and 263 of this chapter and the notification requirements under section 3010 of RCRA, except as provided in paragraph (a) of this section.

(c)(1) Owners and operators of facilities that store recyclable materials before they are recycled are regulated under all applicable provisions of subparts A though L and AA through DD of 40 CFR parts 264 and 265, and under 40 CFR parts 124, 266, 267, 268, and 270 and the notification requirements under section 3010 of RCRA, except as provided in paragraph (a) of this section. (The recycling process itself is exempt from regulation except as provided in paragraph (d) of this section.)

(2) Owners or operators of facilities that recycle recyclable materials without storing them before they are recycled are subject to the following requirements, except as provided in paragraph (a) of this section:

(i) Notification requirements under section 3010 of RCRA;

(ii) Sections 265.71 and 265.72 (dealing with the use of the manifest and manifest discrepancies) of this chapter.

(iii) Section 261.6(d) of this chapter.

(iv) Section 265.75 of this chapter (biennial reporting requirements).

(d) Owners or operators of facilities subject to RCRA permitting requirements with hazardous waste management units that recycle hazardous wastes are subject to the requirements of subparts AA and BB of part 264, 265 or 267 of this chapter.

[50 FR 49203, Nov. 29, 1985] Editorial Note:For Federal Register citations affecting § 261.6, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov.
Notes of Decisions
Cited in 11 cases, 1983–2017 · leading case: Am. Petroleum Inst. v. Env't Prot. Agency, 862 F.3d 50 (D.C. Cir. 2017).
Sort: Relevance Newest Treatment
Am. Petroleum Inst. v. Env't Prot. Agency, 862 F.3d 50 (D.C. Cir. 2017). · cites it 2× “” 40 C.F.R. § 261.6 (a)(4). III. Verified Recycler Exclusion The Final Rule also amended EPA’s stance on “reclamation,” a type of recycling that occurs when secondary materials are “processed to recover a usable product, or .”
United States of Am., United States of Am. v. Marine Shale Processors, S. Wood Piedmont Co., Intervenor-Appellant, Cross-Appellee, 81 F.3d 1361 (5th Cir. 1996). · cites it 3× “40 C.F.R. § 261.6 (a)(2) declares that “recyclable materials used in a manner constituting disposal” are “not subject to [regulation as listed or characteristic wastes] but are regulated under subpart[ ] C .”
United States v. Hayes Int'l Corp. & Louis H. Beasley, 786 F.2d 1499 (11th Cir. 1986). · cites it 2× “” 40 C.F.R. § 261.6 (a)(1), superseded effective July 5, 1985, 50 Fed.”
United States v. Steven M. Self, 2 F.3d 1071 (10th Cir. 1993). “However, the question here is not whether the natural gas condensate was exempted from regulation as a “recyclable material,” see 40 C.F.R. § 261.6 (a)(2)(ii) (1992), but whether the natural gas condensate was a solid waste as defined under 40 C.”
Vidrine v. United States, 846 F. Supp. 2d 550 (W.D. La. 2011). · cites it 2× “See 40 C.F.R. § 261.6 . The same section then .”
Chatham Steel Corp. v. Brown, 858 F. Supp. 1130 (N.D. Fla. 1994). “See 40 C.F.R. § 261.6 (a)(2)(iv) (1993) (spent lead-acid batteries being reclaimed are subject to regulation under RCRA); United States v.”
Basel Action Network v. Mar. Admin., 370 F. Supp. 2d 57 (D.D.C. 2005). “Of potential relevance, here is the regulation at 40 C.F.R. § 261.6 (a)(3)(h), under which recyclable scrap metal is not subject to RCRA hazardous waste regulations.”
United States v. Conservation Chem. Co. of Illinois, 733 F. Supp. 1215 (N.D. Ind. 1989). · cites it 2× “1-6(a)(l)(i) ( 40 C.F.R. § 261.6 (a)(3)(i)), which exempts from much of the hazardous waste regulatory scheme “a spent pickle liquor which is reused in wastewater treatment at a facility holding a National Pollutant Discharge Elimination System (NPDES) permit, or is being…”
Marine Shale Processors, Inc. v. United States Env't Prot. Agency, 81 F.3d 1371 (5th Cir. 1996). “at 33,120 (promulgating 40 C.F.R. § 261.6 ); see also Final Rule, Hazardous Waste Management System; Definition of Solid Waste, 50 Fed.”
Finish Eng'g Co., Inc., Etc. v. Zerpa Indus., Inc., Etc., 806 F.2d 1041 (Fed. Cir. 1986). “Finish points to 40 C.F.R. § 261.6 7 and states in its brief that “Zerpa .”
Opinion No. (1983) (Mo. Att'y Gen. 1983). · cites it 3× “Therefore, the state regulations provide an exemption from permitting of storage awaiting resource recovery no broader than the federal exemption at 40 CFR 261.6 . In conclusion, we believe that the state regulations regarding short-term on-site storage of wastes are fully…”
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