November 13, 2025

RCRA Recycling Regulations Differences and Guidance

When a material is recycled, it may still be a solid (and potentially hazardous) waste depending on a variety of factors. These include the type of material, the method of recycling employed, whether it falls under one of the recycling exclusions outlined in §§261.2 or 261.4, whether the recycling is legitimate or sham, and other relevant factors. To assist the regulated community, EPA updated its guidance on regulatory exclusions and alternative standards when recycling certain materials. The agency balances the goals of encouraging recycling and protecting human health and the environment by tailoring the degree of regulation to reflect the hazards of the recycling activity. Recycled materials can fall into one of three categories:

Not subject to RCRA hazardous waste regulation,
Subject to alternative controls when recycled, or
Subject to full RCRA hazardous waste regulation.

Not subject to RCRA hazardous waste regulation

Certain materials are specifically excluded from the definition of solid waste, and some solid wastes are excluded from the definition of hazardous waste. Because these materials are not wastes, the term “secondary material” is commonly used instead. Secondary materials that are not burned for energy recovery or applied to the land are excluded when used as an ingredient, used as a product substitution, or returned to the production process. [§261.2(e)(1)] If one of these exclusions is not available, generators may be able to claim an exclusion from the definition of solid waste in §261.4(a) or an exclusion from the definition of hazardous waste in §261.4(b). Common examples of such exclusions include closed-loop recycling with reclamation [§261.4(a)(8)], oil-bearing secondary materials recycling [§261.4(a)(12)], shredded circuit board recycling [§261.4(a)(14)], and using agricultural waste as fertilizer [§261.4(b)(2)].

When a material can’t be managed through one of the above exclusions and it is listed as a hazardous waste or exhibits a characteristic of a hazardous waste, it may be exempt from full hazardous waste regulation when recycled. Such exemptions are found in §261.6(a)(3) and include reclaimed industrial ethyl alcohol, scrap metal that is not excluded under §261.4(a)(13), waste-derived fuels from petroleum refining, and unrefined waste-derived fuels and oils from petroleum refineries. Materials managed under these exemptions are hazardous wastes; however, they are not subject to hazardous waste regulations.

Subject to alternative controls when recycled

Several types of hazardous wastes are subject to alternative management standards when recycled. These standards are part of RCRA but differ from the core hazardous waste program. Such provisions include:

The universal waste program (Part 273),
The used oil program (Part 279),
Hazardous wastes recycled in a manner constituting disposal (Part 266, Subpart C),
Precious metals recovery (Part 266, Subpart F),
Reclaimed spent lead-acid batteries (Part 266, Subpart G),
Hazardous waste burned in boilers and industrial furnaces (Part 266, Subpart H), and
Ignitable spent refrigerants recycled for reuse (Part 266, Subpart Q).

Subject to full RCRA hazardous waste regulation.

If a recycled hazardous waste isn’t managed in a way mentioned above, it is subject to full hazardous waste regulation. When managing these wastes, facilities are subject to the same regulations as when managing any other non-recycled hazardous waste, including the provisions in §261.6(b–d).

Additional resources are available to help facilities manage recycled materials, including a hazardous secondary material recycling checklist, frequent questions on hazardous waste recycling and other provisions, and a guide for recycling industrial hazardous waste.

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Disclaimer

Considerable care has been exercised in preparing this document; however, McCoy and Associates, Inc. makes no representation, warranty, or guarantee in connection with the publication of this information. McCoy and Associates, Inc. expressly disclaims any liability or responsibility for loss or damage resulting from its use or for the violation of any federal, state, or municipal law or regulation with which this information may conflict. McCoy and Associates, Inc. does not undertake any duty to ensure the continued accuracy of this information.

This document addresses issues of a general nature related to the federal environmental regulations. Persons evaluating specific circumstances dealing with the environmental regulations should review state and local laws and regulations, which may be more stringent than federal requirements. In addition, the assistance of a qualified professional should be enlisted to address any site-specific circumstances.