The Current Regulatory Framework. In the current RCRA regulatory framework, the definition of solid waste (and thus, RCRA jurisdiction) is embodied in RCRA Section 1004(27) and 40 CFR Part 261.2. Pursuant to the federal rule, the definition is structured such that, in determining whether a recycled material meets the definition of solid waste and may therefore be subject to RCRA regulations, one must know both the type of material (e.g., whether it is a spent material, a sludge, etc.) and how the material will be recycled (e.g., reclamation, burning for energy recovery, use constituting disposal, etc.). As a listed waste (F006) being used in a manner constituting disposal (i.e., wastewater treatment sludge from electroplating operations being used to produce cement), the sludge would continue to meet the definition of solid waste (and thus, hazardous waste). EPA exerts RCRA jurisdiction over hazardous waste that are recycled to make products used on the land because such placement on the land has environmental impacts that are similar to those associated with disposal in a landfill. In addition, EPA has historically noted that products typically used on the land (e.g., fertilizer, asphalt, aggregate, cement, etc.) tend to have relatively lower economic value than other commercial products and very rarely have product specifications that address the potential presence and release of hazardous constituents not normally found in such products. Consequently, while EPA does not prohibit the use of such sludges in the production of cement, such a recycling scenario would be subject to RCRA Subtitle C management standards and the cement kiln would likely require a RCRA permit. Further, the cement product produced from a hazardous waste (referred to as a hazardous waste-derived product) would be required to meet the Land Disposal Restrictions treatment standards, which are standards (e.g., numeric concentration levels for specific hazardous constituents) that must be met before a hazardous waste may be disposed of in a hazardous waste landfill. The cement product itself, assuming it meets the applicable treatment standards, would be exempt from any further requirements, including those pertaining to storage, transportation, labeling and use pursuant to 40 CFR 266.20(b). Legally, however, the cement product would still be a hazardous waste.
