40 CFR 261.4(a)(27) Spent Solvent Remanufacturing Exclusion

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

PRESENTED BY:
Daniels Training Services
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A different kind of training.
@DanielsTraining 240 CFR 261.4(a)(27)

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.
@DanielsTraining 3
Solid
Waste
Hazardous
Waste
40 CFR 261.4(a)(27)

What is Excluded @ 40 CFR 261.4(a)?
1) Domestic sewage.
2) Point source
discharge
3) Irrigation return flow
4) Radioactive waste
5) In-situ mining
6) Pulping liquors
7) Spent sulfuric acid
8) Reclamation in
enclosed tanks
9) Spent wood
preservatives
10) Coke by-product
wastes
11) Splash condenser
dross residue
4@DanielsTraining40 CFR 261.4(a)(27)

12) Hazardous secondary
materials from the
petroleum refining
industry
13) Excluded scrap metal
14) Shredded circuits
boards
15) Pulping condensates
derived from kraft mill
steam strippers
16) Comparable fuels
17) Mineral processing
secondary materials
being recycled
18) Petrochemical
recovered oil
19) Spent caustic
solutions from
petroleum refining

materials used to make
zinc fertilizers
21) Zinc fertilizers made
from hazardous wastes
22) Used cathode ray tubes
(CRTS)
material generated &
reclaimed w/i U.S.
material transferred to
another person for
reclamation
material exported from
U.S. for reclamation
26) Solvent-contaminated
wipes sent for cleaning
& reuse
27) Spent solvent
transferred off-site for
remanufacturing.

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.
@DanielsTraining 7
Overview of 2015 DSW Final Rule
40 CFR 261.4(a)(27)

“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) @DanielsTraining 8

• 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

• Spent solvents must be generated from
commercial grade process of…
• Reacting chemicals
• Extracting chemicals
• Purifying chemicals
• Blending chemicals
Or…
• Rinsing out process lines associated w/ these
functions.

• 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)

• Spent solvents must be sent for
remanufacturing to the following manufacturing
sectors:
325199)
325211)
325510)

• After remanufacturing use of solvents limited to…
• Reacting chemicals
• Extracting chemicals
• Purifying chemicals
• Blending chemicals
Or…
• Rinsing out process lines associated w/ these
functions.
And…
• Use as an ingredient in a product.

• 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.

• After remanufacturing use of solvents limited to
the following manufacturing sectors:
325199)
325211)
325510)

• 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.

“The following materials are not solid wastes
for the purpose of this part…” (10.0)
• 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.

“The following materials are not solid wastes
for the purpose of this part…” (11.0)
• 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.

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 260.10

• Check with your State
as it may not recognize
this Federal exclusion.

• 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.

• 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) 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;

(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).

(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).

• (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);

(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

• (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,

(3) The processes and industry sectors that
generate the spent solvents,
(4) The specific uses and industry sectors for the
remanufactured solvents, and

(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),”;

(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;

(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).

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40 CFR 261.4(a)(27)

40 CFR 261.4(a)(27) Spent Solvent Remanufacturing Exclusion

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