Frequent Questions

Are commercial chemical products (CCPs) solid waste when burned as a fuel for energy recovery?

The manner in which a secondary material is recycled determines whether the material is a solid waste and, therefore, potentially regulated as a hazardous waste. The type of recycling called "burning for energy recovery" includes two activities: burning hazardous waste for energy recovery and using waste to produce a fuel (§261.2(c)(2) and 50 FR 614, 630; January 4, 1985). All secondary materials that are burned for energy recovery or used to produce a fuel or otherwise contained in fuels are solid wastes (§261.2). However, recycled CCPs that are themselves fuels are not considered solid wastes when burned for energy recovery since burning as a fuel is consistent with the product's intended use (§261.2(c)(2)(ii)). For example, off-specification jet fuel is not a solid waste when it is burned for energy recovery because it is itself a fuel. 

Additional guidance on the burning of CCP fuels is available in the following documents: 
Memo, Cotsworth to Wasserstrom; August 8, 2002 (RCRA Online #14609)
 Memo, Bussard to Gable; July 11, 1994 (RCRA Online #11848
Memo, Denit to Bozaan; November 25, 1992 (RCRA Online #11713
Memo, Barnes to Haake; July 31, 1989 (RCRA Online #11449
Memo, Williams to Corden; December 23, 1986 (RCRA Online #12825
Monthly Call Center Report Question; November 1986 (RCRA Online #12773
Memo, Williams to Citizen; March 19, 1986 (RCRA Online #11138
Memo, Williams to Weaver; March 8, 1986 (RCRA Online #12578
Monthly Report Question; December 1985 (RCRA Online #12505)

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