This document discusses the closed loop recycling exclusion under 40 CFR 261.4(a)(8) for materials that would otherwise be considered solid wastes under RCRA. The exclusion applies if: 1) Spent materials are reclaimed and returned through enclosed piping to the original production process. 2) The reclamation process involves only tank storage and is enclosed, without controlled flame combustion. 3) The materials are not stored in tanks for over 12 months without being reclaimed. 4) The reclaimed materials are not used to produce fuels or products disposed of in a manner constituting disposal.

1. EXCLUSIONS FROM
REGULATION AS SOLID
WASTE
One presentation in a series that briefly explains
the Federal exclusions from full regulation for
certain materials under the Resource
Conservation and Recovery Act (RCRA).
40 CFR 261.4(a)(8) @DanielsTraining 1
This presentation: 40 CFR 261.4(a)(8):
The Closed Loop Recycling Exclusion

2. PRESENTED BY:
Daniels Training Services
815.821.1550
www.DanielsTraining.com
Info@DanielsTraining.com
A different kind of training.
@DanielsTraining 240 CFR 261.4(a)(8)

3. 40 CFR 261.4(a)
• Paragraph „a‟ of section 261.4 identifies 25
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.
40 CFR 261.4(a)(8) @DanielsTraining 3
Solid
Waste
Hazardous
Waste

4. Closed Loop Recycling
“To further promote waste reduction and recycling, spent materials that
are reclaimed and returned to the original process in an enclosed
system of pipes and tanks are excluded from the definition of solid
waste, provided that:
• Only tank storage is involved, and the entire process, through
reclamation, is closed to the air (i.e., enclosed)
• Reclamation does not involve controlled flame combustion, such as
that which occurs in boilers, industrial furnaces, or incinerators
• Waste materials are never accumulated in tanks for more than 12
months without being reclaimed
• Reclaimed materials are not used to produce a fuel, or used to
produce products that are used in a manner constituting disposal.
An example of such a closed-loop system might include a closed
solvent recovery system in which the dirty solvents are piped from the
degreasing unit to a solvent still where the solvent is cleaned, and then
piped back to the degreasing unit.”
40 CFR 261.4(a)(8) @DanielsTraining 4
2011 RCRA Orientation Manual

5. “The following materials are not solid
wastes for the purpose of this part…” (1.0)
• Waste-like materials
generated during the
production of a product
or delivery of service
(ie. secondary
materials)
If…
• Reclaimed and
returned to original
process generated.
Production
Process
Secondary
Material
Reclamation
Process
Reclaimed
Material
40 CFR 261.4(a)(8) @DanielsTraining 5
And…

6. “The following materials are not solid
wastes for the purpose of this part…” (2.0)
• Only tank storage is
involved.
• Entire process is
enclosed within piping
or other conveyances.
40 CFR 261.4(a)(8) @DanielsTraining 6

7. “The following materials are not solid
wastes for the purpose of this part…” (3.0)
40 CFR 261.4(a)(8) @DanielsTraining 7
• Reclamation does not
involve controlled
flame combustion
(such as occurs in
boilers, industrial
furnaces, or
incinerators).

8. “The following materials are not solid
wastes for the purpose of this part…” (4.0)
• The secondary
materials are never
accumulated in such
tanks for over twelve
months without being
reclaimed.
40 CFR 261.4(a)(8) @DanielsTraining 8

9. “The following materials are not solid wastes
for the purpose of this part…” (5.0)
• The reclaimed
material is not used
to produce a fuel.
Or…
• Used to produce
products that are
used in a manner
constituting disposal.
40 CFR 261.4(a)(8) @DanielsTraining 9

10. More to Consider (1.0)…
• Secondary Material is a term used by USEPA at a
particular stage of the Hazardous Waste
Determination: 40 CFR 261.2 – Definition of solid
waste. It is not defined @ 40 CFR
260.10, though Hazardous Secondary Material is:
• Hazardous secondary material means a
secondary material (e.g., spent material, by-
product, or sludge) that, when discarded, would
be identified as hazardous waste under part
261 of this chapter.
40 CFR 261.4(a)(8) @DanielsTraining 10

11. More to Consider (2.0)…
• Secondary Materials consist of:
• Spent Materials
• Sludges
• By-Products
• Commercial Chemical Products
• Scrap Metal
40 CFR 261.4(a)(8) @DanielsTraining 11

12. More to Consider (3.0)…
• [40 CFR 261.1(c)(1)]: A “spent material” is any
material that has been used and as a result of
contamination can no longer serve the purpose for
which it was produced without processing.
• [40 CFR 261.1(c)(3)]: A “by-product” is a material
that is not one of the primary products of a production
process and is not solely or separately produced by
the production process. Examples are process
residues such as slags or distillation column bottoms.
The term does not include a co-product that is
produced for the general public's use and is ordinarily
used in the form it is produced by the process.
40 CFR 261.4(a)(8) @DanielsTraining 12

13. More to Consider (4.0)…
• (40 CFR 260.10): Sludge means any solid, semi-
solid, or liquid waste generated from a municipal,
commercial, or industrial wastewater treatment
plant, water supply treatment plant, or air
pollution control facility exclusive of the treated
effluent from a wastewater treatment plant.
• [40 CFR 261.1(c)(6)]: “Scrap metal” is bits and
pieces of metal parts (e.g.,) bars, turnings, rods,
sheets, wire) or metal pieces that may be
combined together with bolts or soldering (e.g.,
radiators, scrap automobiles, railroad box cars),
which when worn or superfluous can be recycled.
40 CFR 261.4(a)(8) @DanielsTraining 13

14. More to Consider (5.0)…
• Table 1 of 40 CFR 261.2 identifies Commercial
Chemical Products listed in 40 CFR 261.33. In
other words, P- & U-listed hazardous waste.
However, USEPA interpretations expand this
definition.
• [40 CFR 261.1(b)(4)]: A material is “reclaimed”
if it is processed to recover a usable product, or if
it is regenerated. Examples are recovery of lead
values from spent batteries and regeneration of
spent solvents.
40 CFR 261.4(a)(8) @DanielsTraining 14

15. More to Consider (6.0)…
• Check with your State
as it may not recognize
this Federal exclusion.
40 CFR 261.4(a)(8) @DanielsTraining 15

16. 40 CFR 261.4(a)(8) Verbatim (1.0):
(a) Materials which are not solid wastes. The following
materials are not solid wastes for the purpose of this
part:
…
(8) Secondary materials that are reclaimed and
returned to the original process or processes in which
they were generated where they are reused in the
production process provided:
(i) Only tank storage is involved, and the entire
process through completion of reclamation is closed
by being entirely connected with pipes or other
comparable enclosed means of conveyance;
40 CFR 261.4(a)(8) @DanielsTraining 16

17. 40 CFR 261.4(a)(8) Verbatim (2.0):
(a) Materials which are not solid wastes. The following
materials are not solid wastes for the purpose of this
part:
…
(ii) Reclamation does not involve controlled flame
combustion (such as occurs in boilers, industrial
furnaces, or incinerators);
(iii) The secondary materials are never accumulated in
such tanks for over twelve months without being
reclaimed; and
(iv) The reclaimed material is not used to produce a
fuel, or used to produce products that are used in a
manner constituting disposal.
40 CFR 261.4(a)(8) @DanielsTraining 17

18. Got Questions
About RCRAor
HazMat
Transportation?
I provide:
Annual RCRA
Training for
Hazardous Waste
Personnel
and
Triennial HazMat
Employee Training
Public Seminar or
Onsite Training
Daniels Training Services
815.821.1550
Info@DanielsTraining.com
www.DanielsTraining.com
18@DanielsTraining40 CFR 261.4(a)(8)