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Managing Hazardous Waste—RCRA Subtitle C SECTION III SECTION III

Chapter 2: Hazardous Waste Recycling and Universal Wastes

CHAPTER 2

HAZARDOUS WASTE RECYCLING

AND UNIVERSAL WASTES

In this chapter...

Overview........................................................... III-33

Hazardous Waste Recycling ............................ III-33

- Full Regulation .............................................. III-34

- Exemptions.................................................... III-34

- Special Standards ......................................... III-35

Used Oil ............................................................ III-36

- Used Oil Regulation ...................................... III-36

- What is Used Oil?.......................................... III-37

- Used Oil Handlers ......................................... III-37

- Used Oil Management Standards ................. III-38

Universal Waste ............................................... III-41

- Universal Waste Handlers ............................. III-41

- Universal Waste Transporters ....................... III-42

- Universal Waste Destination Facilities .......... III-42

Summary .......................................................... III-42

OVERVIEW

RCRA hazardous wastes do not cease to be

dangerous simply because they are being reused,

recycled, or reclaimed. Many hazardous waste

recycling operations may pose serious health and

environmental hazards and should be subject to

Subtitle C regulation. Reuse, recycling, and

reclamation should be viewed instead as ways of

managing hazardous wastes which, if properly

conducted, can avoid environmental hazards,

protect scarce natural resources, and reduce the

nation’s reliance on raw materials and energy.

Promoting reuse and recovery is certainly one of

the goals of RCRA; however, this goal does not

take precedence over assuring the proper

management of hazardous waste.

EPA has tried, to the extent possible, to

develop regulations for hazardous waste

management that foster environmentally sound

recycling and conservation of resources, but at the

same time provide adequate protection of human

health and the environment. This chapter outlines

the regulations governing recycling of hazardous

wastes, and describes special management

standards for two commonly recycled

wastestreams: used oil and universal wastes.

HAZARDOUS WASTE RECYCLING

The hazardous waste identification process (as

discussed in Section III, Chapter 1) describes how

to determine whether a material is a solid and

hazardous waste. How a material is regulated

under RCRA (i.e., whether or not it is a solid and

potentially a hazardous waste) when it is recycled

THE RECYCLING GOAL OF RCRA

Reuse, recycling, and reclamation are ways of

managing hazardous wastes which, if properly

conducted, can avoid environmental hazards, protect

scarce natural resources, and reduce the nation’s

reliance on raw materials and energy. While

promoting reuse and recovery is certainly one of the

goals of RCRA, this goal does not take precedence

over assuring the proper management of hazardous

waste.
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 SECTION III SECTION III Managing Hazardous Waste—RCRA Subtitle C

Chapter 2: Hazardous Waste Recycling and Universal Wastes

depends on what type of

material it is, and what type

of recycling is occurring. If

the recycled material is not a

solid waste, then it is not a

hazardous waste and is not

subject to RCRA Subtitle C

requirements. However, if the material qualifies

as a solid and hazardous waste, it is subject to

RCRA Subtitle C jurisdiction.

Many hazardous wastes can be recycled safely

and effectively. To address the goal of

encouraging recycling while protecting human

health and the environment, EPA has tried to tailor

the level of regulation to reflect the actual hazard

of the recycling activity. In this approach to

regulation, recycling standards range from full

regulation to specialized standards to exemptions

from regulation. Handlers of hazardous waste

slated for recycling must determine what type of

regulation they fall under based on the recycling

activity being conducted and the type of material

being managed.

■ Full Regulation

Most recycled hazardous wastes are subject to

full hazardous waste regulation. This means that

handlers of these recyclable materials (i.e., persons

who generate, transport, or store prior to

recycling) are subject to the same regulations as

handlers who are managing hazardous wastes

prior to disposal.

While management of the hazardous wastes

prior to recycling is subject to regulation, the

recycling process itself is exempt from RCRA

(except for some air emissions standards as

discussed in Section III, Chapter 5). For example,

if a facility receives hazardous spent solvents from

another facility for redistillation (heating a mixture

to separate it into several pure components), the

recycling units themselves are not required to

follow RCRA design and operating standards for

hazardous waste units. However, the owners and

operators of the recycling facility must follow all

applicable Subtitle C requirements (including the

requirement to obtain a permit) for container or

tank storage areas used to store such wastes prior

to recycling.

■ Exemptions

Not all hazardous wastes pose the same

degree of hazard when recycled. EPA believes

wastes that may be recycled in a protective

manner, or that are addressed under other

environmental regulations, warrant exemptions

from RCRA Subtitle C. Consequently, handlers of

these materials are not subject to any hazardous

waste regulations. These exempt recyclable

hazardous wastes are:

• Industrial ethyl alcohol

• Scrap metal

• Waste-derived fuels from refining processes

• Unrefined waste-derived fuels and oils from

petroleum refineries

• Petroleum coke.

RCRA’S RECYCLING PROCESS EXEMPTION

While management of the hazardous wastes prior to

recycling is subject to regulation, the recycling

process itself is exempt from RCRA (except for

applicable air emission standards). For example, if a

facility receives hazardous spent solvents from

another facility for redistillation (heating a mixture to

separate it into several pure components), the

recycling units themselves are not required to follow

RCRA design and operating standards for hazardous

waste units. However, the owners and operators of

the recycling facility must follow all applicable Subtitle

C requirements (including the requirement to obtain a

permit) for container or tank storage areas used to

store such wastes prior to recycling.
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Industrial Ethyl Alcohol

Industrial ethyl alcohol that is reclaimed is

exempt from RCRA Subtitle C because the U.S.

Bureau of Alcohol, Tobacco and Firearms (BATF)

already regulates it from the point of generation to

redistillation.

Scrap Metal

Scrap metal that is disposed of or recycled is a

solid waste; however, it is exempt from Subtitle C

regulation when it is

reclaimed (i.e., recycled to

recover metal content). This

does not apply to processed

scrap metal which is excluded from

hazardous waste regulation entirely

(as discussed in Section III, Chapter 1).

Waste-Derived Fuels from Refining Processes

Fuels produced by refining oil-bearing

hazardous wastes with normal process streams at

petroleum refining facilities are exempt if such

wastes resulted from normal petroleum refining,

production, and transportation practices. For

these wastes to be considered refined, they must

be inserted into a part of the process designed to

remove contaminants. This would typically mean

insertion prior to distillation.

Unrefined Waste-Derived Fuels and Oils

Fuels produced at a petroleum refinery from

oil-bearing hazardous wastes that are introduced

into the refining process after the distillation step,

or that are reintroduced in a process that does not

include distillation, are exempt if the resulting fuel

meets the specifications under the federal

recycled used oil standards in 40 CFR §279.11 (as

discussed later in this chapter). Oil that is

recovered from hazardous waste at a petroleum

refinery and burned as a fuel is also exempt

provided it meets the used oil specifications.

Petroleum Coke

Petroleum coke produced from petroleum

refinery hazardous waste containing oil is exempt

from Subtitle C regulation if: (1) the coke is

produced by the same person that generated the

hazardous waste; and (2) the coke does not

exhibit a hazardous characteristic.

■ Special Standards

While RCRA specifically exempts some wastes

when recycled, some recycling processes may still

pose enough of a hazard to warrant some degree

of regulation. However, due to the nature of the

recycling process itself, or the nature of the

materials being recycled, these processes may

require a specialized set of standards. These

processes are:

• Use constituting disposal

• Precious metals reclamation

• Spent lead-acid battery reclamation

• Burning for energy recovery.

Use Constituting Disposal

Use constituting disposal refers to the practice

of recycling hazardous wastes by placing them on

the land or using them as ingredients in a product

that will be placed on the land. To be placed on

the land, waste-derived products must: (1) be

made for the general public’s use; (2) have

undergone a chemical reaction so as to be

inseparable by physical means; and (3) meet

applicable LDR treatment standards (as discussed

in Section III, Chapter 6). Once these wastederived products meet these standards, they are

no longer restricted from placement on the land.

Materials that do not meet these criteria remain

regulated.
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Chapter 2: Hazardous Waste Recycling and Universal Wastes

Precious Metals Reclamation

Precious metals reclamation is the recycling

and recovery of precious metals (i.e., gold, silver,

platinum, palladium, iridium, osmium, rhodium,

and ruthenium) from hazardous waste. Because

EPA found that these materials will be handled

protectively as valuable commodities with

significant economic value, generators,

transporters, and storers of such recyclable

materials are subject to reduced requirements.

Spent Lead-Acid Battery Reclamation

Persons who generate,

transport, regenerate, collect,

and store spent lead-acid

batteries prior to reclamation,

but do not perform the actual

reclamation, are not subject to

hazardous waste regulation. EPA

established those provisions to

encourage the recycling of these

batteries. However, owners and operators of

facilities that store spent batteries before

reclamation, other than spent batteries that are

regenerated (processed to remove contaminants

and restore the product to a useable condition),

are subject to regulation in a manner similar to

hazardous waste TSDFs.

Burning For Energy Recovery

The process of recycling hazardous waste by

burning it for energy recovery may pose significant

air emissions hazards. Therefore, EPA established

specific operating standards for units burning

hazardous wastes for energy recovery. These units

are known as boilers or industrial furnaces (BIFs)

(as discussed in Section III, Chapter 7).

USED OIL USED OIL

In developing a hazardous waste regulatory

program to facilitate and encourage recycling,

Congress felt that certain commonly recycled

materials warranted a regulatory program of their

own. As a result, Congress and EPA created

special management

standards for used oil.

Under these standards,

recycled used oil is not

subject to the hazardous

waste regulatory program

applicable to other

recycled materials, but

rather to its own

management provisions.

Used oil has certain

unique properties that

make it distinct from most hazardous

wastestreams. First of all, used oil is generated by

a wide range of entities, including, but not limited

to, large manufacturing facilities, industrial

operations, service stations, quick-lube shops, and

even households. These processes and operations

generate approximately 1.4 billion gallons of used

oil annually. Secondly, used oil is an easily

recyclable material. For example, just one gallon

of used oil provides the same 2.5 quarts of

lubricating oil as 42 gallons of crude oil. However,

even used oil that does not exhibit any

characteristics of hazardous waste can have

harmful effects if spilled or released into the

environment.

■ Used Oil Regulation

In an effort to encourage the recycling of used

oil, and in recognition of the unique properties

and potential hazards posed by used oil, Congress

passed the Used Oil Recycling Act in 1980. This

Act amended RCRA by requiring EPA to study the
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Managing Hazardous Waste—RCRA Subtitle C SECTION III SECTION III

Chapter 2: Hazardous Waste Recycling and Universal Wastes

■ What is Used Oil?

Used oil is any oil that has been refined from

crude oil or any synthetic oil that has been used

and, as a result of such use, is contaminated by

physical or chemical impurities. In other words,

used oil must meet each of the following three

criteria: origin, use, and contamination. First, the

used oil must be derived from crude oil or

synthetic oil (i.e., derived from coal, shale, or

polymers). Second, the oil must have been used

as a lubricant, hydraulic fluid, heat transfer fluid,

or other similar uses. Unused oil such as cleanout

tank bottoms from virgin product fuel oil storage is

not used oil because it has not been used. Finally,

the used oil must be contaminated by physical or

chemical impurities as a result of such use.

Physical impurities could include contamination

by metal shavings, sawdust, or dirt. Chemical

impurities could include contamination by water

or benzene, or degradation of lubricating

additives.

■ Used Oil Handlers

Persons who handle used oil are subject to

specific management requirements depending on

the extent of their used oil recycling activities.

The following handlers are subject to used oil

management standards:

• Generators

• Collection centers and aggregation points

• Transporters

• Transfer facilities

• Processors and rerefiners

• Marketers.

hazards posed by used oil and to develop used oil

management standards to protect human health

and the environment. As a result, EPA developed

special recycling regulations for used oil that are

completely separate from hazardous waste

recycling standards. First, in November 1985, EPA

promulgated restrictions on the burning of used oil

for energy recovery. Second, in September 1992,

EPA developed a more comprehensive used oil

recycling program, codified in 40 CFR Part 279,

that incorporated the existing burning restrictions,

and added used oil management standards for all

facilities that handle used oil.

Since EPA’s used oil program is designed to

encourage used oil recycling, Part 279 includes a

recycling presumption. This is an assumption

that all used oil that is generated will be recycled.

The recycling presumption simplifies the used oil

management system by enabling handlers to only

comply with the used oil regulations, instead of

the hazardous waste regulations. Only when the

used oil is actually disposed of or sent for disposal

must handlers determine whether or not the used

oil exhibits a characteristic of hazardous waste and

manage it in accordance with hazardous waste

regulations.
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Generators

Used oil generators are persons whose act or

process produces used oil, or first causes used oil

to be subject to regulation. Examples of common

generators include car repair shops, service

stations, and metalworking industries. Individuals

who generate used oil through the maintenance of

their own personal vehicles and equipment

(known as used oil do-it-yourselfers) are not

considered used oil generators.

Collection Centers and Aggregation Points

Used oil collection centers and aggregation

points are facilities that accept small amounts (less

than 55 gallons) of used oil and store it until

enough is collected to ship it elsewhere for

recycling. Used oil collection centers typically

accept used oil from multiple sources that include

both businesses and private citizens. Used oil

aggregation points collect oil from places run by

the same owner and operator as the aggregation

point, and also from private citizens.

Transporters

Used oil transporters are persons who haul

used oil in quantities greater than 55 gallons and

deliver it to transfer facilities, rerefiners,

processors, or burners.

Transfer Facilities

 Used oil transfer facilities are any structures

or areas (such as loading docks or parking areas)

where used oil is held for longer than 24 hours,

but not longer than 35 days.

Processors and Rerefiners

Used oil processors and rerefiners are

facilities that process used oil so that it can be

burned for energy recovery or reused.

Burners

Used oil burners are handlers who burn used

oil for energy recovery in boilers, industrial

furnaces, or hazardous waste incinerators.

Marketers

Used oil marketers are handlers who either:

(1) direct shipments of used oil to be burned as

fuel in regulated devices (i.e., boilers, industrial

furnaces, and incinerators); or (2) claim that used

oil to be burned for energy recovery is onspecification. A marketer must already be a used

oil generator, transporter, processor, rerefiner, or

burner.

■ Used Oil Management Standards

The used oil management standards apply to a

wide variety of facilities with very different

business practices. These standards are designed

to establish minimum regulations for all facilities,

addressing such practices as proper storage,

transportation, recordkeeping, and burning.

These standards vary by facility type. The most

stringent requirements apply to facilities that

process or rerefine used oil. Used oil transporters,

transfer facilities, and used oil burners are subject

to a reduced set of standards. Generators have

the fewest requirements.

Used Oil as a Hazardous Waste

Because used oil mixed with hazardous wastes

increases risks to human health and the

environment, all handlers are encouraged to keep

used oil from becoming contaminated with

hazardous wastes. To prevent intentional mixing,

EPA subjects mixtures of used oil and listed

hazardous waste to all applicable hazardous waste

standards.
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From an enforcement point of view, however,

the Agency cannot always determine if used oil

has been mixed with a listed hazardous waste. As

a result, EPA decided to use an objective test that

focused on the halogen level in used oil (listed

spent halogenated solvents were often found to be

mixed with used oil). This objective test is known

as the rebuttable presumption. According to this

test, used oil that contains more than 1,000 parts

per million (ppm) of total halogens is presumed to

have been mixed with a listed hazardous waste,

and is therefore subject to applicable hazardous

waste regulations. A person may rebut this

presumption by demonstrating, through analysis

or other documentation, that the used oil has not

been mixed with listed hazardous waste.

Nevertheless, used oil that is known to have been

mixed with a listed hazardous waste is considered

a listed hazardous waste, regardless of the halogen

level.

The principle for mixtures of used oil and

characteristic hazardous waste is somewhat

different. First, if used oil is mixed with a waste

that only exhibits the characteristic of ignitability,

or is listed solely for ignitability, and the resultant

mixture is no longer ignitable, then the mixture

can be managed as used oil, despite the inherent

characteristics that the used oil may bring to the

mixture. EPA believes that materials that are

ignitable-only should not affect the chemical

constituent or other properties of used oil when

mixed, and therefore, should not add additional

risks to human health and the environment when

burned. However, used oil mixed with a waste

that is hazardous because it exhibits one or more

characteristics of hazardous waste (other than just

ignitability), must no longer exhibit any

characteristics if it is going to be managed as used

oil.

Used Oil Contaminated with PCBs

The use and disposal of PCBs are regulated by

the Toxic Substances Control Act (TSCA). Used oil

contaminated with 50 ppm or greater of PCBs is

not subject to the RCRA used oil management

standards because current TSCA requirements

provide comprehensive management standards for

such oils.

Storage

Although different used oil handlers may have

specific management requirements for their oil, all

handlers must:

• Store used oil in tanks and containers.

Storage of used oil in lagoons, pits, or surface

impoundments is prohibited, unless these

units are subject to hazardous waste TSDF

standards (as discussed in Section III,

Chapter 5)

• Clearly mark containers and tanks with the

words “Used Oil”

• Keep containers and tanks in good condition

and free of leaks

• Respond to releases of used oil from their

storage units.

THE REBUTTABLE PRESUMPTION

EPA presumes that used oil which contains more than

1,000 ppm of total halogens has been mixed with a

listed hazardous waste, and is therefore subject to

applicable hazardous waste regulations, unless the

presumption can be successfully rebutted. A person

may rebut this presumption by demonstrating, through

analysis or other documentation, that the used oil has

not been mixed with listed hazardous waste. For

example, a generator has a drum of used oil

containing 2,000 ppm of halogens. Even though the

used oil was not mixed with a listed hazardous waste,

EPA will presume that is the case. The generator,

however, can rebut this presumption by demonstrating

that the high halogen level is due to mixing with

household hazardous wastes, which are not

considered hazardous under RCRA. As a result, the

drum of oil is regulated as used oil, and not as

hazardous waste.
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 SECTION III SECTION III Managing Hazardous Waste—RCRA Subtitle C

Chapter 2: Hazardous Waste Recycling and Universal Wastes

Transfer facilities, processors and rerefiners,

and burners must also have secondary

containment systems to prevent oil from reaching

the environment in the event of a spill or leak.

Secondary containment consists of an oilimpervious dike, berm, or retaining wall to contain

releases, as well as an oil-impervious floor to

prevent migration.

Burning Restrictions

Levels of contamination in used oils may vary

widely, depending on different types of uses or

length of use. Recognizing this fact, EPA has

established a set of criteria, called used oil

specifications, to evaluate the potential hazards

posed by used oil when burned for energy

recovery. Used oil that is tested and is not within

these set parameters is termed off-specification

used oil.

Parameter Allowable Level

Arsenic 5 ppm maximum

Cadmium 2 ppm maximum

Chromium 10 ppm maximum

Flash point 100° F minimum

Lead 100 ppm maximum

Total Halogens 4,000 ppm maximum

Off-specification used oil may be burned for

energy recovery, but it is strictly regulated. Such

used oil may only be burned in:

• Boilers

• Industrial furnaces

• Hazardous waste incinerators

• Generator space heaters that meet certain

operating conditions.

Conversely, used oil that meets all

specification levels, otherwise known as onspecification used oil, is not subject to any

restrictions when burned for energy recovery. In

fact, on-specification used oil is comparable to

product fuel in terms of regulation. Once the

specification determination is made, and certain

recordkeeping requirements are complied with,

the on-specification oil is no longer subject to

used oil management standards.

Recordkeeping and Reporting

Used oil transporters, transfer facilities,

processors and rerefiners, burners, and marketers

are required to obtain an EPA identification (EPA

ID) number. While generators, collection centers,

aggregation points, and those who transport their

own used oil in shipments of less than 55 gallons

do not need an EPA ID number, they may still

need a state or local permit.

Used oil transporters, processors, burners, and

marketers must also track each acceptance and

delivery of used oil shipments. Records can take

the form of a log, invoice, or other shipping

document and must be maintained for three

years.

In addition, used oil processors and rerefiners

must:

• File a biennial report of used oil activity

• Prepare a contingency plan detailing how

releases will be addressed

• Prepare an analysis plan describing testing

protocols at the facility

• Maintain records of shipment and deliveries of

used oil

• Maintain an operating record at the facility.
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UNIVERSAL WASTE

The special management provisions for used

oil clearly eased the management burden and

facilitated the recycling of such material. EPA also

discovered that subjecting other commonly

recycled materials to hazardous waste regulation

was burdensome on many handlers of these

wastes. This burden has the potential of

discouraging waste recycling by facilities who are

otherwise willing to engage in such activity. In

response to these concerns, in May 1995 EPA

promulgated the universal waste program,

codified in 40 CFR Part 273.

The universal waste program promotes the

collection and recycling of certain widely

generated hazardous wastes, known as universal

wastes. Through this program, EPA intends to

ease the regulatory burden on the facilities that

manage universal wastes, particularly by allowing

more time for accumulation of these wastes in

order to facilitate appropriate recycling or

disposal. Three types of waste are covered under

the universal waste regulations: hazardous waste

batteries, hazardous waste pesticides that are

either recalled or collected in waste pesticide

collection programs, and hazardous waste

thermostats. Other similar wastes may be added

to the universal waste regulations in the future.

The regulated community may also petition the

Agency to include additional wastes in the

universal waste program in the future.

There are four types of regulated participants

in the universal waste system: small quantity

handlers of universal waste (SQHUW), large

quantity handlers of universal waste (LQHUW),

universal waste transporters, and universal waste

destination facilities.

■ Universal Waste Handlers

There are two types of handlers of universal

waste. The first type of handler is a person who

generates, or creates, universal waste. For

example, this may include a person who uses

batteries, pesticides, or thermostats, and who

eventually decides that they are no longer usable.

The second type of handler is a person who

receives universal waste from other handlers,

accumulates the waste, and then sends it on to

other handlers, recyclers, or treatment or disposal

facilities without performing the actual treatment,

recycling, or disposal. This may include a person

who collects batteries, pesticides, or thermostats

from small businesses and sends the wastes to a

recycling facility. The universal waste handler

requirements depend on how much universal

waste a handler accumulates at any one time.

Small Quantity Handlers of Universal Waste

Small quantity handlers of universal waste

accumulate less than 5000 kilograms (kg)

(approximately 11,000 pounds (lbs)) of all

universal waste categories combined at their

location at any time. Accumulation time for

universal wastes at any location is limited to one

year. SQHUW are required to manage universal

waste in a way that prevents releases to the

environment. SQHUW must also immediately

respond to releases of universal waste. SQHUW

must distribute basic waste handling and

WHAT ARE UNIVERSAL WASTES?

Universal wastes are subject to special management

provisions intended to ease the management burden

and facilitate the recycling of such materials. Three

types of waste are currently covered under the

universal waste regulations: hazardous waste

batteries, hazardous waste pesticides that are either

recalled or collected in waste pesticide collection

programs, and hazardous waste thermostats. More

wastes may be added to the universal waste

regulations in the future, but presently only these

wastes are included.
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Chapter 2: Hazardous Waste Recycling and Universal Wastes

emergency information to their employees to

ensure that their staff are aware of proper

handling and emergency procedures.

Large Quantity Handlers of Universal Waste

Large quantity handlers of universal waste

accumulate a total of 5000 kg or more of universal

waste at any time. The designation as a LQHUW

is retained for the remainder of the calendar year

in which the 5000-kg threshold was exceeded,

and may be reevaluated in the following calendar

year. LQHUW must comply with the same

requirements as SQHUW, as well as a few

additional ones. LQHUW must also maintain

basic records documenting shipments received at

the facility and shipments sent from the facility,

must obtain an EPA ID number, and must comply

with stricter employee training requirements.

■ Universal Waste Transporters

Universal waste transporters are persons who

transport universal waste from handlers of

universal waste to other handlers, destination

facilities, or foreign destinations. These wastes do

not need to be accompanied by a RCRA

hazardous waste manifest during transport, but

transporters must comply with applicable DOT

requirements.

Transporters may store universal waste for up

to 10 days at a transfer facility during the course of

transportation. Transfer facilities are transportation

related facilities such as loading docks, parking

areas, and storage areas. If a transporter keeps

universal waste for more than 10 days at one

location, the transporter is subject to all applicable

SQHUW or LQHUW regulations.

■ Universal Waste Destination Facilities

Universal waste destination facilities are

facilities that treat, dispose of, or recycle a

particular category of universal waste. These

facilities are subject to the same requirements as

fully regulated hazardous waste TSDFs. Full

regulation includes permit requirements, general

facility standards, and unit-specific standards (as

discussed in Section III, Chapter 5). The universal

waste program includes only two additional

specific universal waste requirements for

destination facilities. These requirements are

procedures for rejecting shipments of universal

waste and the documentation of the receipt of

universal waste.

SUMMARY

EPA developed a regulatory approach to

regulate different hazardous waste recycling

activities in accordance with the degree of hazard

they pose. The three types of regulation are: full

regulation, exemptions, and special standards.

Persons who generate, transport, and store

hazardous wastes prior to recycling must manage

them in the same manner as persons who handle

hazardous wastes prior to disposal. The recycling

process itself is exempt from regulation.

Certain hazardous wastes, based on the

manner in which they are recycled, or based on

regulation by other environmental statutes, are

exempt from hazardous waste regulation. Those

wastes are:

• Industrial ethyl alcohol

• Scrap metal

• Waste-derived fuels from refining processes
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• Unrefined waste-derived fuels and oils from

petroleum refineries

• Petroleum coke.

Some recycling processes are not fully exempt

from hazardous waste regulation, but are instead

subject to specialized standards. These processes

are:

• Use constituting disposal

• Precious metal reclamation

• Lead-acid battery reclamation (regenerated

batteries are exempt from hazardous waste

regulation entirely)

• Burning for energy recovery.

Certain commonly recycled materials are

subject to streamlined hazardous waste regulation.

One type of material, used oil, is regulated under

its own recycling program. Used oil is defined as

any oil that has been refined from crude oil or any

synthetic oil that has been used and as a result of

such use is contaminated by physical or chemical

impurities.

The used oil recycling provisions include

management standards for used oil:

• Generators

• Collection centers and aggregation points

• Transporters

• Transfer facilities

• Processors and rerefiners

• Burners

• Marketers.

Another type of material, universal waste, is

also subject to streamlined management

provisions. The universal waste program is

designed to encourage the recycling of certain

widely generated hazardous wastes by easing the

regulatory burden on persons who handle,

transport, and collect them. Universal wastes

consist of:

• Hazardous waste batteries

• Hazardous waste pesticides that are either

recalled or collected in waste pesticide

collection programs

• Hazardous waste thermostats.

The universal waste program includes

regulatory provisions for universal waste handlers,

transporters, and destination facilities.