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EXCLUSIONS FROM REGULATION AS SOLID WASTEOne presentation in a series that briefly explains the Federal exclusions from full regulation for certain materials under the Resource Conservation and Recovery Act (RCRA).

This presentation: 40 CFR 261.4(a)(27):The Remanufacturing Exclusion for Spent Solvents

40 CFR 261.4(a)(27)

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PRESENTED BY:

Daniels Training Services815.821.1550www.DanielsTraining.comInfo@DanielsTraining.com

A different kind of training.

40 CFR 261.4(a)(27)

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40 CFR 261.4(a)• Paragraph ‘a’ of section 261.4 identifies 27 materials excluded from regulation as a solid waste.

• If a material does not meet the definition of a solid waste, it cannot be a hazardous waste.

Solid Waste

Hazardous Waste

40 CFR 261.4(a)(27)

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What is Excluded @ 40 CFR 261.4(a)?

1) Domestic sewage.2) Point source

discharge3) Irrigation return flow4) Radioactive waste 5) In-situ mining6) Pulping liquors7) Spent sulfuric acid8) Reclamation in

enclosed tanks9) Spent wood

preservatives10) Coke by-product

wastes11) Splash condenser

dross residue

40 CFR 261.4(a)(27)

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What is Excluded @ 40 CFR 261.4(a)?

12) Hazardous secondary materials from the petroleum refining industry

13) Excluded scrap metal14) Shredded circuits

boards15) Pulping condensates

derived from kraft mill steam strippers

16) Comparable fuels17) Mineral processing

secondary materials being recycled

18) Petrochemical recovered oil

19) Spent caustic solutions from petroleum refining

40 CFR 261.4(a)(27)

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What is Excluded @ 40 CFR 261.4(a)?

20) Hazardous secondary materials used to make zinc fertilizers

21) Zinc fertilizers made from hazardous wastes

22) Used cathode ray tubes (CRTS)

23) Hazardous secondary material generated & reclaimed w/i U.S.

24) Hazardous secondary

material transferred to another person for reclamation

25) Hazardous secondary material exported from U.S. for reclamation

26) Solvent-contaminated wipes sent for cleaning & reuse

27) Spent solvent transferred off-site for remanufacturing.

40 CFR 261.4(a)(27)

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Remanufacturing Exclusion for Spent Solvents

The remanufacturing exclusion encourages the recycling of 18 higher-value and lightly-contaminated hazardous spent solvents used for reacting, extracting, blending, or purifying chemicals in the pharmaceutical, organic chemical, plastics and resins, and the paint and coatings sectors.

Overview of 2015 DSW Final Rule

40 CFR 261.4(a)(27)

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“The following materials are not solid wastes for the purpose of this part…” (1.0)

• Hazardous secondary material that after generation is transferred to another person for remanufacturing.• i.e. extending useful life of spent solvents by recycling in a manufacturing setting.

solvent use

spent solvent

transfer off-site

Reman-ufactured

reusable solvent

40 CFR 261.4(a)(27)

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“The following materials are not solid wastes for the purpose of this part…” (2.0)• One or more of the

following spent solvents:• Toluene• Xylenes• Ethylbenzene• 1,2,4-trimethylbenzene• Chlorobenzene• N-Hexane• Cyclohexane• Methyl tert-butyl ether

• Acetonitrile• Chloroform• Chloromethane• Dichloromethane• Methyl isobutyl ketone• NN-dimethylformamide• Tetrahydrofuran• N-Butyl alcohol• Ethanol• Methanol

40 CFR 261.4(a)(27)

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“The following materials are not solid wastes for the purpose of this part…” (3.0)• Spent solvents must be generated from commercial grade process of…• Reacting chemicals• Extracting chemicals• Purifying chemicals• Blending chemicalsOr…• Rinsing out process lines associated w/ these functions.

40 CFR 261.4(a)(27)

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“The following materials are not solid wastes for the purpose of this part…” (4.0)• Spent solvents must be generated from the following manufacturing sectors:• Pharmaceutical manufacturing (NAICS 325412)• Basic organic chemical manufacturing (NAICS 325199)

• Plastics & resins manufacturing (NAICS 325211)

• Paints & coatings manufacturing (NAICS 325510)

40 CFR 261.4(a)(27)

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“The following materials are not solid wastes for the purpose of this part…” (5.0)• Spent solvents must be sent for remanufacturing to the following manufacturing sectors:• Pharmaceutical manufacturing (NAICS 325412)• Basic organic chemical manufacturing (NAICS 325199)

• Plastics & resins manufacturing (NAICS 325211)

• Paints & coatings manufacturing (NAICS 325510)

40 CFR 261.4(a)(27)

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“The following materials are not solid wastes for the purpose of this part…” (6.0)

• After remanufacturing use of solvents limited to…• Reacting chemicals• Extracting chemicals• Purifying chemicals• Blending chemicalsOr…• Rinsing out process lines associated w/ these functions.

And…• Use as an ingredient in a product.

40 CFR 261.4(a)(27)

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“The following materials are not solid wastes for the purpose of this part…” (7.0)

• After remanufacturing solvents are forbidden for use as:• Cleaning or degreasing of…• Oil, grease, or similar materials.

From…• Textiles, glassware, metal surfaces, or other articles.

40 CFR 261.4(a)(27)

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“The following materials are not solid wastes for the purpose of this part…” (8.0)• After remanufacturing use of solvents limited to the following manufacturing sectors:• Pharmaceutical manufacturing (NAICS 325412)• Basic organic chemical manufacturing (NAICS 325199)

• Plastics & resins manufacturing (NAICS 325211)

• Paints & coatings manufacturing (NAICS 325510)

40 CFR 261.4(a)(27)

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“The following materials are not solid wastes for the purpose of this part…” (9.0)• Both the generator of the spent solvents and the remanufacturer must:• Notify EPA using form 8700-12.Or…• State agency if authorized for the DSW 2015.And…• Update by March 1 of each even-numbered year thereafter.

• Notification requirement at 40 CFR 260.42.

40 CFR 261.4(a)(27)

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“The following materials are not solid wastes for the purpose of this part…” (10.0)• Both the generator of the spent solvents and the remanufacturer must:• Develop & maintain a remanufacturing plan.

• Contents specified in regulations.• Include certification from solvent remanufacturer.

• Maintain records of shipments & confirmation of receipts for 3 years from effective dates.

40 CFR 261.4(a)(27)

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“The following materials are not solid wastes for the purpose of this part…” (11.0)• Both the generator of the spent solvents and the remanufacturer must:• Prior to remanufacturing store spent solvents in tanks or containers that comply w/ new 40 CFR 261, subparts I & J, respectively.• Essentially identical to existing tank & container storage regulations at 40 CFR 264, subparts I & J.

• Comply w/ new requirements to avoid speculative accumulation.

40 CFR 261.4(a)(27)

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More to Consider (1)…• Remanufacturing means processing a higher-value hazardous secondary material in order to manufacture a product that serves a similar functional purpose as the original commercial-grade material. For the purpose of this definition, a hazardous secondary material is considered higher-value if it was generated from the use of a commercial-grade material in a manufacturing process and can be remanufactured into a similar commercial-grade material.

40 CFR 261.4(a)(27)

40 CFR 260.10

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More to Consider (2)…• Check with your State as it may not recognize this Federal exclusion.

40 CFR 261.4(a)(27)

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More to Consider (3)…• The recycling of spent solvents by their generator without transfer to another person is covered by the Generator Controlled Exclusion @ 40 CFR 261.4(a)(23).

• It’s OK if solvent remanufacturer sells recycled solvent to another facility w/i listed industry sectors. (80 FR 1715-6)

However…• Remanufacturer must not be a commercial recycler.

40 CFR 261.4(a)(27)

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More to Consider (4)…• The allowed uses of remanufactured solvents in this conditional exclusion correspond to chemical functional uses enumerated under the Chemical Data Reporting Rule of the Toxic Substances Control Act (40 CFR parts 704, 710-711), including Industrial Function Codes U015 (solvents consumed in a reaction to produce other chemicals) and U030 (solvents become part of the mixture).

• The disallowed uses of remanufactured solvents in this conditional exclusion correspond to chemical functional uses in Industrial Function Code U029 under the Chemical Data Reporting Rule of the Toxics Substances Control Act.)

40 CFR 261.4(a)(27)

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40 CFR 261.4(a)(27) Verbatim:(a) Materials which are not solid wastes. The following materials are not solid wastes for the purpose of this part:…(27) Hazardous secondary material that is generated and then transferred to another person for the purpose of remanufacturing is not a solid waste, provided that:(i) The hazardous secondary material consists of one or more of the following spent solvents: Toluene, xylenes, ethylbenzene, 1,2,4-trimethylbenzene, chlorobenzene, n-hexane, cyclohexane, methyl tert-butyl ether, acetonitrile, chloroform, chloromethane, dichloromethane, methyl isobutyl ketone, NN-dimethylformamide, tetrahydrofuran, n-butyl alcohol, ethanol, and/or methanol;

40 CFR 261.4(a)(27)

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40 CFR 261.4(a)(27) Verbatim:(ii) The hazardous secondary material originated from using one or more of the solvents listed in paragraph (a)(27)(i) of this section in a commercial grade for reacting, extracting, purifying, or blending chemicals (or for rinsing out the process lines associated with these functions) in the pharmaceutical manufacturing (NAICS 325412), basic organic chemical manufacturing (NAICS 325199), plastics and resins manufacturing (NAICS 325211), and/or the paints and coatings manufacturing sectors (NAICS 325510).

40 CFR 261.4(a)(27)

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40 CFR 261.4(a)(27) Verbatim:(iii) The hazardous secondary material generator sends the hazardous secondary material spent solvents listed in paragraph (a)(27)(i) of this section to a remanufacturer in the pharmaceutical manufacturing (NAICS 325412), basic organic chemical manufacturing (NAICS 325199), plastics and resins manufacturing (NAICS 325211), and/or the paints and coatings manufacturing sectors (NAICS 325510).

40 CFR 261.4(a)(27)

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40 CFR 261.4(a)(27) Verbatim:• (iv) After remanufacturing one or more of the solvents listed in

paragraph (a)(27)(i) of this section, the use of the remanufactured solvent shall be limited to reacting, extracting, purifying, or blending chemicals (or for rinsing out the process lines associated with these functions) in the pharmaceutical manufacturing (NAICS 325412), basic organic chemical manufacturing (NAICS 325199), plastics and resins manufacturing (NAICS 325211), and the paints and coatings manufacturing sectors (NAICS 325510) or to using them as ingredients in a product. These allowed uses correspond to chemical functional uses enumerated under the Chemical Data Reporting Rule of the Toxic Substances Control Act (40 CFR parts 704, 710-711), including Industrial Function Codes U015 (solvents consumed in a reaction to produce other chemicals) and U030 (solvents become part of the mixture);

40 CFR 261.4(a)(27)

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40 CFR 261.4(a)(27) Verbatim:(v) After remanufacturing one or more of the solvents listed in paragraph (a)(27)(i) of this section, the use of the remanufactured solvent does not involve cleaning or degreasing oil, grease, or similar material from textiles, glassware, metal surfaces, or other articles. (These disallowed continuing uses correspond to chemical functional uses in Industrial Function Code U029 under the Chemical Data Reporting Rule of the Toxics Substances Control Act.); and

40 CFR 261.4(a)(27)

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40 CFR 261.4(a)(27) Verbatim:• (vi) Both the hazardous secondary material generator and the remanufacturer must:

• (A) Notify EPA or the State Director, if the state is authorized for the program, and update the notification every two years per 40 CFR 260.42;

• (B) Develop and maintain an up-to-date remanufacturing plan which identifies:

• (1) The name, address and EPA ID number of the generator(s) and the remanufacturer(s),

• (2) The types and estimated annual volumes of spent solvents to be remanufactured,

40 CFR 261.4(a)(27)

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40 CFR 261.4(a)(27) Verbatim:(3) The processes and industry sectors that generate the spent solvents,(4) The specific uses and industry sectors for the remanufactured solvents, and

40 CFR 261.4(a)(27)

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40 CFR 261.4(a)(27) Verbatim:(5) A certification from the remanufacturer stating “on behalf of [insert remanufacturer facility name], I certify that this facility is a remanufacturer under pharmaceutical manufacturing (NAICS 325412), basic organic chemical manufacturing (NAICS 325199), plastics and resins manufacturing (NAICS 325211), and/or the paints and coatings manufacturing sectors (NAICS 325510), and will accept the spent solvent(s) for the sole purpose of remanufacturing into commercial-grade solvent(s) that will be used for reacting, extracting, purifying, or blending chemicals (or for rinsing out the process lines associated with these functions) or for use as product ingredient(s). I also certify that the remanufacturing equipment, vents, and tanks are equipped with and are operating air emission controls in compliance with the appropriate Clean Air Act regulations under 40 CFR part 60, part 61 or part 63, or, absent such Clean Air Act standards for the particular operation or piece of equipment covered by the remanufacturing exclusion, are in compliance with the appropriate standards in 40 CFR part 261, subparts AA (vents), BB (equipment) and CC (tank storage),”;

40 CFR 261.4(a)(27)

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40 CFR 261.4(a)(27) Verbatim:(C) Maintain records of shipments and confirmations of receipts for a period of three years from the dates of the shipments;(D) Prior to remanufacturing, store the hazardous spent solvents in tanks or containers that meet technical standards found in subparts I and J of 40 CFR part 261, with the tanks and containers being labeled or otherwise having an immediately available record of the material being stored;

40 CFR 261.4(a)(27)

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40 CFR 261.4(a)(27) Verbatim:(E) During remanufacturing, and during storage of the hazardous secondary materials prior to remanufacturing, the remanufacturer certifies that the remanufacturing equipment, vents, and tanks are equipped with and are operating air emission controls in compliance with the appropriate Clean Air Act regulations under 40 CFR part 60, part 61 or part 63; or, absent such Clean Air Act standards for the particular operation or piece of equipment covered by the remanufacturing exclusion, are in compliance with the appropriate standards in 40 CFR part 261 subparts AA (vents), BB (equipment) and CC (tank storage); and(F) Meet the requirements prohibiting speculative accumulation per 40 CFR 261.1(c)(8).

40 CFR 261.4(a)(27)

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Got Questions About RCRA or HazMat Transportation?

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Daniels Training Services815.821.1550Info@DanielsTraining.comwww.DanielsTraining.com

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40 CFR 261.4(a)(27)