Q: In the new OSHA standard for Crystalline Silica, does sand used with a small percentage of Crystalline Silica in our metals treatment process come under the Resource Conservation and Recovery Act (RCRA) requirements for disposal as hazardous or non-hazardous?
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A: The new OSHA standard for Crystalline Silica does not address the management of this substance under the RCRA regulations.
If discarded in its purchased form, Crystalline Silica would not be considered a hazardous waste either by listing or characteristic. Under RCRA, however, it is the responsibility of a product user to determine at the time of disposal, whether a material containing the product (in your example, the sand) should be classified as a hazardous waste. Since Crystalline Silica is not a listed hazardous waste, it would appear likely that the only way that the sand could exhibit a hazardous waste characteristic (corrosivity, ignitability, reactivity, or toxicity) is through its use with the Crystalline Silica in the metals treatment process. If you make the determination that the waste sand does not exhibit any hazardous characteristics, then it can be disposed of as nonhazardous waste.