The regulations of the Resource Conservation and Recovery Act (RCRA) require all generators of hazardous waste to conduct a hazardous waste determination for all waste generated, the purpose of which is to answer the following questions:

1. Is the material to be discarded?
2. If yes, is it excluded from regulation as a solid waste?
3. If no, it remains a solid waste; is it a listed or characteristic hazardous waste?
4. If yes, is it excluded from regulation as a hazardous waste?
5. If no, it remains a hazardous waste unless other exclusions exist, eg. universal waste, used oil, recyclable materials, etc.

The purpose of this article is to focus on a specific exclusion in Step 2 of the process:  The exclusion from regulation as a solid waste for by-products that are recycled by reclamation. (more…)