Frequent Questions

How is a product that is produced from recycled hazardous waste regulated?

Many hazardous wastes can be recycled to make new products or be processed to recover usable materials with economic value. Such products derived from recycled hazardous wastes are no longer considered to be solid wastes. If the materials are not defined as solid wastes, then they cannot be considered hazardous wastes. This exemption from the "derived-from" rule applies to materials (e.g. products from recycled hazardous waste) that are reclaimed from hazardous wastes and used beneficially. 

Once recycled, products are governed by product safety regulations implemented by other federal agencies, including the Consumer Product Safety Commission (CPSC) and Occupational Safety and Health Administration (OSHA).

Since most states are authorized to implement the Federal regulations, you should contact your state agency for information on the reclamation and beneficial reuse of hazardous waste. State web sites may be found at: http://www.epa.gov/epawaste/wyl/stateprograms.htm

For more information about hazardous waste recycling, please visit: http://www.epa.gov/epawaste/hazard/recycling/

Additional regulatory references to beneficial reuse and hazardous waste recycling regulations and guidance is available in the following resources:

40 CFR §261.3(c)(2)(i)

January 4, 1985, Federal Register (50 FR 633-634) available at: http://www.epa.gov/epawaste/hazard/dsw/fedreg/50fr61401041985.pdf

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