[Code of Federal Regulations]
[Title 40, Volume 23]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR261.6]

[Page 54-56]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 261--IDENTIFICATION AND LISTING OF HAZARDOUS WASTE--Table of Contents
 
                           Subpart A--General
 
Sec. 261.6  Requirements for recyclable materials.

    (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 
O of part 266 of this chapter and all applicable provisions in parts 270 
and 124 of this chapter:
    (i) Recyclable materials used in a manner constituting disposal 
(subpart C);
    (ii) Hazardous wastes burned for energy recovery in boilers and 
industrial

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furnaces that are not regulated under subpart O of part 264 or 265 of 
this chapter (subpart H);
    (iii) Recyclable materials from which precious metals are reclaimed 
(subpart F);
    (iv) Spent lead-acid batteries that are being reclaimed (subpart G).
    (v) U.S. Filter Recovery Services XL waste (subpart O).
    (3) The following recyclable materials are not subject to regulation 
under parts 262 through parts 266 or 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, unless 
provided otherwise in an international agreement as specified in Sec. 
262.58:
    (A) A person initiating a shipment for reclamation in a foreign 
country, and any intermediary arranging for the shipment, must comply 
with the requirements applicable to a primary exporter in Secs. 262.53, 
262.56 (a)(1)-(4), (6), and (b), and 262.57, export such materials only 
upon consent of the receiving country and in conformance with the EPA 
Acknowledgment of Consent as defined in subpart E of part 262, and 
provide a copy of the EPA Acknowledgment of Consent to the shipment to 
the transporter transporting the shipment for export;
    (B) Transporters transporting a shipment for export may not accept a 
shipment if he knows the shipment does not conform to the EPA 
Acknowledgment of Consent, must ensure that a copy of the EPA 
Acknowledgment of Consent accompanies the shipment and must ensure that 
it is delivered to the facility designated by the person initiating the 
shipment.
    (ii) Scrap metal that is not excluded under Sec. 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 Sec. 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 Sec. 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 Sec. 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 Sec. 
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 to or imported from designated 
member countries of the Organization for Economic Cooperation and 
Development (OECD) (as defined in Sec. 262.58(a)(1)) for purpose of 
recovery is subject to the requirements of 40 CFR part 262, subpart H, 
if it is subject to either the Federal manifesting requirements of 40 
CFR Part 262, to the universal waste management standards of

[[Page 56]]

40 CFR Part 273, or to State requirements analogous to 40 CFR Part 273.
    (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, AA, BB, and CC of parts 264 and 265, 
and under parts 124, 266, 268, and 270 of this chapter 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 Sec. 261.6(d).)
    (2) Owners or operators of facilities that recycle recyclable 
materials without storing them before they are rcycled 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.
    (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 or 265 of this chapter.

[50 FR 49203, Nov. 29, 1985, as amended at 51 FR 28682, Aug. 8, 1986; 51 
FR 40637, Nov. 7, 1986; 52 FR 11821, Apr. 13, 1987; 55 FR 25493, June 
21, 1990; 56 FR 7207, Feb. 21, 1991; 56 FR 32692, July 17, 1991; 57 FR 
41612, Sept. 10, 1992; 59 FR 38545, July 28, 1994; 60 FR 25541, May 11, 
1995; 61 FR 16309, Apr. 12, 1996; 61 FR 59950, Nov. 25, 1996; 62 FR 
26019, May 12, 1997; 63 FR 24968, May 6, 1998; 63 FR 42185, Aug. 6, 
1998; 66 FR 28085, May 22, 2001]