Are you sure the beneficial use of your hazardous secondary material is NOT considered waste disposal under RCRA or state law?

The rules can be confusing, but here is the best test: Hazardous Secondary Materials (HSM’s) that are used “as-is” as ingredients for industrial processes are generally NOT considered waste. In this case, the material should be used WITHOUT processing or handling in a way that is any different from virgin products they would use.  Its best when the the material is a direct replacement for a prime material AND the material has CLEARLY RECOGNIZABLE VALUE. On the contrary, if the HSM is recycled, it is a waste unless specifically exempted or excluded.  Even if the HSM is processed in a small way that is different for virgin materials, then it very well may be a violation of RCRA. 

For more information on this topic or other issues associated with the beneficial use or recycling of chemicals or fuels, please email us or call us at 713-568-3651.