Commercial Chemical Product or Waste? Commercial Chemical Product Checklist

In  2017, EPA provided additional guidance to differentiate between commercial chemical products (CCPs) and manufactured articles in the Resource Conservation and Recovery Act (RCRA) Online Document #14887. In the guidance, EPA noted that manufactured articles, such as batteries, fluorescent lamps, and thermometers, are devices designed for a purpose other than to access the device’s internal chemicals. Specifically, batteries, lamps, and thermometers are used for electrical energy, for light, or to measure temperature, respectively, and not to access the mercury, lead, or other chemicals contained in them. Therefore, batteries, fluorescent lamps, and thermometers are not CCPs.


Abandoned Chemical Products Stored
In Lieu Of Disposal

To assist manufacturers in determining if their waste is regulated as a CCP, EPA offered the following checklist:

Commercial Chemical Product Checklist

Does the facility appear to be managing the material being evaluated in  a manner that suggests it is a product  (as opposed to being abandoned or stored in lieu of abandonment)?
1	Are the containers used to store the material in good condition (vs. crushed, bulging,  corroded, dusty, leaking, incompatible with the contents, open, or overpacked)?
2	Are the containers of concern stored in a manner that suggests the material has value?  (For example, is the material protected from precipitation, locked-up when the facility is not  operating, or stored in a fenced/secure area?)
3	Does the management of the containers appear to preserve the material's integrity and serve to  prevent the material from becoming unstable, unusable or contaminated?
4	Do the containers have labels that identify the contents as product?
5	Do the container labels have information, such as lot number, manufacture date, or  expiration date, to help determine the age/viability of the material, particularly if a recommended  expiration date has been exceeded?
6	If a container is not labeled, can the facility support a claim that the contents is a product  (e.g., provide analytical testing results to verify that the material meets specifications for use,  or explain that it recently had to transfer contents to a new container due to damage to the  original container and can provide record of purchase)?
7	Does the condition of the material suggest it is a valuable product? (For example, no crystals  have formed inside or outside the container, the material is not discolored, there is no phase  separation evident)
8	Does the facility manage the material as a valuable commodity by limiting access to the material  and having security procedures in place to prevent unauthorized removal of the material?
Does the facility appear to be using the material being evaluated in the production  of its products or in support of production operations (as opposed to being abandoned  or stored in lieu of abandonment)?
1	Can the facility describe how the material is used or show where the material is used in the facility?
2	Do the containers storing the material in question appear to be stored in an appropriate location  Is the material stored according to manufacturer recommendations (e.g., recommended  temperatures, light)? Are the containers accessible? Are the materials being stored in the same  location as other similar product materials?
3	Do product specifications exist for the material or process in which it is to be used (e.g., minimum  concentration of an active ingredient, maximum concentrations of contaminants, or dates beyond  which the material should not be used)?
4	Is there a process in place for the facility to compare the properties of the material in question to  specifications that must be met in order for the material to be used for the claimed purpose, or is  documentation available to support a facility claim that the material meets such specifications?
5	Does it appear that the facility has purchased new material that will be used for the same purpose  as the material in question?
6	Are records available to demonstrate that the facility has NOT written off the material as a loss  (indicating that the facility still believes that the material has a use)?
Does the facility appear to be selling into commerce the material being evaluated  (as opposed to being abandoned or stored in lieu of abandonment)?
1	Does the facility have “active” customers or a market for the material?
2	If yes, can the facility provide a list of such customers and document recent shipments  of the material for subsequent distribution in commerce, or provide copies of contracts  from past or future sales?
3	Can the facility identify any competitors for the sale of the material to support a claim that there  is an existing or potential market for the material?
4	Can the facility provide a list of inactive or past customers that purchased the material?
5	Can the facility provide any information about a future market for the material?
6	Is a Material Safety Data Sheet (MSDS) or SDS under OSHA’s new Globally Harmonized System  available for the material (supporting a claim that the material has been in, or will enter, commerce)?
7	Does the facility have a system for accepting/managing returned or off-specification products it  produced and utilizing that material to produce a new product? If so, is this system documented?
8	Has the material been recalled or returned from a customer? If so, can the facility explain how it  intends to use the material? Is there a market for the returned material?

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