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TO 8209146401 P004 • V Alan Ito September 16, 1991 Page 2 i ANALYSIS SWPC has declared that its two hazardous wastes are now coproducts. The term "coproduct" is not defined in federal or state hazardous waste control laws or regulations. However, an interpretation appears in Federal Register 50 (3) : 625 (January 4 , 1985) (FR) , and the term itself is used in Section 261. 1 (c) (3) Title 40, Code of Federal Regulations (CFR) and in Section 66260. 10, Title 22, California Code of Regulations (CCR) . The federal interpretation distinguishes between coproducts (federally exempt) and byproducts (federally regulated hazardous wastes) as summarized below: Coproducts Byproducts f Intentionally produced (FR) - Not intentionally produced (FR) - Suitable for end use - Unfit for end use without essentially as-is (FR) substantial processing (FR) - Ordinarily used in the of residual character (FR) form it is produced by the process (CFR) !' - In their existing state are ordinarily used as commodities- in-trade by general public (FR) - Produced for use by the - Not one of primary products general public (FR) of production process (CFR) Not solely or separately produced by production process (CFR) - Exclude byproducts - Exclude coproducts (CFR) - Examples: - Examples : = Sulfuric acid from smelters = Slags (CFR) metallurgical acid plants (FR) Metals produced in tandem = Distillation column by smelting operations bottoms (CFR) (e.g. , lead recovered from primary copper smelting operations) (FR) Kerosene, asphalt or = Drosses (FR) pitch from petroleum refining (CFR) Reactor cleanout materials (CFR) Although the above summary compares coproducts with byproducts, materials might still be wastes (not coproducts) even if they are