Non-listed commercial chemical products (CCPs) are not considered solid waste when recycled except when they are recycled in ways that differ from their normal manner of use, such as burning for energy recovery or using to produce a fuel.
With regard to the reclamation of non-listed CCPs their status is the same as for listed CCPs. For purposes of Section 261.2, EPA interprets non-listed CCPs to include all types of unused commercial products that exhibit hazardous waste characteristics, even if these products are not commonly considered chemicals.
As applied to Section 261.2, the definition of solid waste, EPA interprets the category of CCPs to include all types of unused commercial products, whether or not they would commonly be considered chemicals (e.g., circuit boards, batteries and other types of equipment). Although Section 261.2(c)(3), Table 1, applies this provision to CCPs listed in 40 CFR 261.33, EPA interprets the definition to also include CCPs that are not listed in Section 261.33 but exhibit one or more of the characteristics of hazardous waste.
References: 50 FR 14216, 14219, April 11, 1985
Memo, Lowrance to Kaul, February 23, 1993 (RCRA Online #11726)
Monthly Call Center Report Question, August 1996 (RCRA Online #14012)
Is a non-listed commercial chemical product treated the same as a listed commercial product listed in 40 CFR Section 261.33 when it is reclaimed? Specifically, if a non-listed chemical product is reclaimed, is it also not a solid waste pursuant to Section
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