EPA has just issued its new proposed rule on the Definition of Solid Wastes. This was a result of an out-of-court settlement with the Sierra Club concerning the final rule that was passed during the waning days of the Bush Administration in 2008 that excluded reclaimed wastes from the definition of solid waste – and hence from RCRA regulations.
Remember: Only solid waste can become hazardous waste.
Under the Bush rule, you can manage your spent solvents as non-hazardous wastes if you reclaim them on site or if you ship them out for reclamation. The state where you are located must have received approval from EPA to adopt this rule.
The Sierra Club objected to the Bush rule and the Obama EPA agreed to take another look at that this year. The new proposed rule will place more restrictions on the exemption status. There will be a 60-day comment period. The pre-publication proposed rule can be downloaded here.