Q. We generate F006 filter cake that we ship to a recycling facility that recycles 100% of the waste. As a small quantity generator, must we include this hazardous waste toward our 1,000 kg allowed per month or is this exempt because it’s recycled?
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A. You would not need to include your generated F006 filter cake that you ship to a recycling facility towards your monthly small quantity generator quantity determination if it is excluded from the hazardous waste management requirements. We conclude that it very likely qualifies for the “verified recycler exclusion,” from the definition of solid waste found at 40 CFR 261.4(a)(24).
The regulation that directly addresses generator hazardous waste quantity determinations (i.e. what wastes to count and what wastes not to count) is found at 40 CFR 261.5(c). Although that regulation references hazardous waste exclusions for recyclable materials specified at 40 CFR 261.6(a)(3), your F006 material would not appear to qualify for any of those hazardous waste exclusions nor for the others referenced by 40 CFR 261.5(c).
However, your material would likely qualify for the hazardous secondary material (HSM) exclusion from the definition of solid waste which applies to HSM generated and then transferred to a verified reclamation facility for the purpose of reclamation (40 CFR 261.2(c)(3)). Called the “verified recycler exclusion,” this exclusion applies to sludges listed as hazardous wastes in 40 CFR 261.31 (which includes F006 – wastewater treatment sludges from electroplating operations). Provided your F006 filter cake meets the definition of “sludge” found at 40 CFR 260.10 and provided the conditions of the verified recycler exclusion are met, your material would not be considered a solid waste when reclaimed in accordance with the exclusions requirements.
While not all states have adopted this 2015 verified recycler exclusion, your state, Pennsylvania, has. (If you generate this waste in other states, check with their environmental state agencies as to whether this exclusion applies in that state.) There are numerous conditions that must be met by the generator of HSM to qualify for this exclusion, including notifying the state environmental agency prior to operating under the exclusion and sending the HSM to a RCRA permitted recycler or verified recycler of HSM.
If a material is excluded from being a solid waste, it cannot be a hazardous waste. If it’s not a hazardous waste, it does not need to be counted towards the generator’s monthly quantity of generated hazardous waste.