---
kind: "section"
citation: "40 C.F.R. § 261.6"
title: "40"
number: "261.6"
heading: "Requirements for recyclable materials."
url: "https://uscodex.org/cfr/40/261.6"
---

# §261.6. Requirements for recyclable materials.

- (a)
  - (1) Hazardous wastes that are recycled are subject to the requirements for generators, transporters, and storage facilities of paragraphs [(b)](#b) and [(c)](#c) of this section, except for the materials listed in paragraphs [(a)(2)](#a-2) and [(a)(3)](#a-3) of this section. Hazardous wastes that are recycled will be known as “recyclable materials.”
  - (2) The following recyclable materials are not subject to the requirements of this section but are regulated under subparts [C](/cfr/40/part266-subpartC.md) through [Q](/cfr/40/part266-subpartQ.md) of part 266 of this chapter and all applicable provisions in parts [268](/cfr/40/part268.md), [270](/cfr/40/part270.md), and 124 of this chapter.
    - (i) Recyclable materials used in a manner constituting disposal ([40 CFR part 266](/cfr/40/part266.md), [subpart C](/cfr/40/subpartC.md));
    - (ii) Hazardous wastes burned (as defined in [section 266.100(a)](/cfr/40/266.100.md?p=a)) in boilers and industrial furnaces that are not regulated under [subpart O of part 264](/cfr/40/part264-subpartO.md) or 265 of this chapter ([40 CFR part 266](/cfr/40/part266.md), [subpart H](/cfr/40/subpartH.md));
    - (iii) Recyclable materials from which precious metals are reclaimed ([40 CFR part 266](/cfr/40/part266.md), [subpart F](/cfr/40/subpartF.md));
    - (iv) **Spent lead-acid batteries that are being reclaimed (40 CFR part 266, subpart G).**
    - (v) **Ignitable spent refrigerants recycled for reuse (40 CFR part 266, subpart Q).**
  - (3) The following recyclable materials are not subject to regulation under [parts 262](/cfr/40/part262.md) through parts [268](/cfr/40/part268.md), [270](/cfr/40/part270.md) or 124 of this chapter, and are not subject to the notification requirements of [section 3010](/cfr/40/3010.md) of RCRA:
    - (i) Industrial ethyl alcohol that is reclaimed except that exports and imports of such recyclable materials must comply with the requirements of [40 CFR part 262](/cfr/40/part262.md), subpart H.
      - (A) The person initiating a shipment for reclamation in a foreign country, and any intermediary arranging for the shipment, must comply with the requirements applicable to an exporter in [§ 262.83](/cfr/40/262.83.md) of this chapter with the exception of [§ 262.83(c)](/cfr/40/262.83.md?p=c);
      - (B) Transporters transporting a shipment for export or import must comply with the movement document requirements listed in § [263.20(a)(2)](/cfr/40/263.20.md?p=a-2) and [(c)](/cfr/40/263.20.md?p=a-c) of this chapter.
    - (ii) Scrap metal that is not excluded under [§ 261.4(a)(13)](/cfr/40/261.4.md?p=a-13);
    - (iii) Fuels produced from the refining of oil-bearing hazardous waste along with normal process streams at a petroleum refining facility if such wastes result from normal petroleum refining, production, and transportation practices (this exemption does not apply to fuels produced from oil recovered from oil-bearing hazardous waste, where such recovered oil is already excluded under [§ 261.4(a)(12)](/cfr/40/261.4.md?p=a-12);
    - (iv)
      - (A) Hazardous waste fuel produced from oil-bearing hazardous wastes from petroleum refining, production, or transportation practices, or produced from oil reclaimed from such hazardous wastes, where such hazardous wastes are reintroduced into a process that does not use distillation or does not produce products from crude oil so long as the resulting fuel meets the used oil specification under [§ 279.11](/cfr/40/279.11.md) of this chapter and so long as no other hazardous wastes are used to produce the hazardous waste fuel;
      - (B) Hazardous waste fuel produced from oil-bearing hazardous waste from petroleum refining production, and transportation practices, where such hazardous wastes are reintroduced into a refining process after a point at which contaminants are removed, so long as the fuel meets the used oil fuel specification under [§ 279.11](/cfr/40/279.11.md) of this chapter; and
      - (C) Oil reclaimed from oil-bearing hazardous wastes from petroleum refining, production, and transportation practices, which reclaimed oil is burned as a fuel without reintroduction to a refining process, so long as the reclaimed oil meets the used oil fuel specification under [§ 279.11](/cfr/40/279.11.md) of this chapter.
  - (4) Used oil that is recycled and is also a hazardous waste solely because it exhibits a hazardous characteristic is not subject to the requirements of parts [260](/cfr/40/part260.md) through [268](/cfr/40/part268.md) of this chapter, but is regulated under [part 279](/cfr/40/part279.md) of this chapter. Used oil that is recycled includes any used oil which is reused, following its original use, for any purpose (including the purpose for which the oil was originally used). Such term includes, but is not limited to, oil which is re-refined, reclaimed, burned for energy recovery, or reprocessed.
  - (5) Hazardous waste that is exported or imported for purpose of recovery is subject to the requirements of [40 CFR part 262](/cfr/40/part262.md), subpart H.
- (b) Generators and transporters of recyclable materials are subject to the applicable requirements of parts [262](/cfr/40/part262.md) and [263](/cfr/40/part263.md) of this chapter and the notification requirements under [section 3010](/cfr/40/3010.md) of RCRA, except as provided in [paragraph (a)](#a) of this section.
- (c)
  - (1) Owners and operators of facilities that store recyclable materials before they are recycled are regulated under all applicable provisions of [subparts A](/cfr/40/subpartA.md) though L and AA through DD of 40 CFR parts [264](/cfr/40/part264.md) and [265](/cfr/40/part265.md), and under 40 CFR parts [124](/cfr/40/part124.md), [266](/cfr/40/part266.md), 267, 268, and 270 and the notification requirements under [section 3010](/cfr/40/3010.md) of RCRA, except as provided in [paragraph (a)](#a) of this section. (The recycling process itself is exempt from regulation except as provided in [paragraph (d)](#d) of this section.)
  - (2) Owners or operators of facilities that recycle recyclable materials without storing them before they are recycled are subject to the following requirements, except as provided in [paragraph (a)](#a) of this section:
    - (i) Notification requirements under [section 3010](/cfr/40/3010.md) of RCRA;
    - (ii) Sections [265.71](/cfr/40/265.71.md) and [265.72](/cfr/40/265.72.md) (dealing with the use of the manifest and manifest discrepancies) of this chapter.
    - (iii) [Section 261.6(d)](#d) of this chapter.
    - (iv) [Section 265.75](/cfr/40/265.75.md) of this chapter (biennial reporting requirements).
- (d) Owners or operators of facilities subject to RCRA permitting requirements with hazardous waste management units that recycle hazardous wastes are subject to the requirements of subparts [AA](/cfr/40/part264-subpartAA.md) and [BB](/cfr/40/part264-subpartBB.md) of part 264, 265 or 267 of this chapter.

## Notes

### Amendments

[50 FR 49203, Nov. 29, 1985]

### Authority

Authority: 42 U.S.C. 6905, 6912(a), 6921, 6922, 6924(y) and 6938.

### Source

Source: 45 FR 33119, May 19, 1980, unless otherwise noted.

### Amendments

[50 FR 49203, Nov. 29, 1985]