Current through Register Vol. 47, No. 17, September 10, 2024
(a)
(1) A solid waste is any discarded material
that is not excluded by d§ 261.4(a) or that is not excluded by variance
granted under § 260.30 and § 260.31.
(2) A discarded material is any material
which is:
(i) Abandoned, as explained in
paragraph (b) of this section; or
(ii) Recycled, as explained in paragraph (c)
of this section; or
(iii)
Considered inherently waste-like, as explained in paragraph (d) of this
section.
(b)
Materials are solid waste if they are abandoned by being:
(1) Disposed of; or
(2) Burned or incinerated; or
(3) Accumulated, stored, or treated (but not
recycled) before or in lieu of being abandoned by being disposed of, burned, or
incinerated; or
(4) Sham recycled,
as explained in paragraph (g) of this section.
(c) Materials are solid wastes if they are
recycled or accumulated, stored, or treated before recycling as specified in
paragraphs (c)(1) through (c)(4) of this section.
(1)
Used in a manner constituting
disposal.(i) Materials noted with a
"*" in column 1 of Table I are solid waste when they are:
(A) Applied to or placed on the land in a
manner that constitutes disposal; or
(B) Used to produce products that are applied
to or placed on the land or are otherwise contained in products that are
applied to or placed on the land (in which cases the product itself remains a
solid waste).
(ii)
However, commercial chemical products listed in § 261.33 are not solid
wastes if they are applied to the land and that is their ordinary manner of
use.
(2)
Burning
for energy recovery.(i) Materials
noted with a "*" in column 2 of Table 1 are solid wastes when they are:
(A) Burned to recover energy;
(B) Used to produce a fuel or are otherwise
contained in fuels (in which cases the fuel itself remains a solid
waste).
(ii) However,
commercial chemical products listed in § 261.33 are not solid wastes if
they are themselves fuels.
(3)
Reclaimed. Materials noted
with a "---" in column 3 of Table 1 are not solid wastes when reclaimed.
Materials noted with a "*" in column 3 of Table 1 are solid wastes when
reclaimed unless they meet the requirements of § 261.4(a)(17).
(4)
Accumulated speculatively.
Materials noted with a "*" in column 4 of Table 1 are solid wastes when
accumulated speculatively.
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Table 1
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Use constituting disposal (§
261.2(c)(1))
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Energy recovery/fuel (§
261.2(c)(2))
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Reclamation (§ 261.2(c)(3)) (except as
provided in § 261.4(a)(17) for mineral processing secondary
materials)
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Speculative accumulation (§
261.2(c)(4))
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(1)
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(2)
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(3)
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(4)
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Spent Materials
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(*)
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(*)
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(*)
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(*)
|
|
Sludges (listed in § 261.31 or §
261.32)
|
(*)
|
(*)
|
(*)
|
(*)
|
|
Sludges exhibiting a characteristic of
hazardous waste
|
(*)
|
(*)
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(---)
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(*)
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By-products (listed in § 261.31 or §
261.32)
|
(*)
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(*)
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(*)
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(*)
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By-products exhibiting a characteristic of
hazardous waste
|
(*)
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(*)
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(---)
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(*)
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Commercial chemical products listed in §
261.33
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(*)
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(*)
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(---)
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(---)
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Scrap metal that is not excluded under §
261.4(a)(14)
|
(*)
|
(*)
|
(*)
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(*)
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Note: The terms "spent materials", "sludges",
"by-products", "scrap metal", and "processed scrap metal" are defined in '
261.1.
(d)
Inherently waste-like materials. The following materials are solid wastes when
they are recycled in any manner:
(1) Hazardous
Waste Nos. F020, F021 (unless used as an ingredient to make a product at the
site of generation), F022, F023, F026, and F028.
(2) Secondary materials fed to a halogen acid
furnace that exhibit a characteristic of a hazardous waste or are listed as a
hazardous waste as defined in Subparts C or D of this part, except for
brominated material that meets the following criteria:
(i) The material must contain a bromine
concentration of at least 45%; and
(ii) The material must contain less than a
total of 1% of toxic organic compounds listed in Appendix VIII; and
(iii) The material is processed continually
on-site in the halogen acid furnace via direct conveyance (hard
piping).
(3) The
Department will use the following criteria to add wastes to that list:
(i)
(A) The
materials are ordinarily disposed of, burned, or incinerated; or
(B) The materials contain toxic constituents
listed in Appendix VIII of Part 261 and these constituents are not ordinarily
found in raw materials or products for which the materials substitute (or are
found in raw materials or products in smaller concentrations) and are not used
or reused during the recycling process; and
(ii) The material may pose a substantial
hazard to human health and the environment when recycled.
(e)
Materials that are not
solid waste when recycled.
(1)
Materials are not solid wastes when they can be shown to be recycled by being:
(i) Used or reused as ingredients in an
industrial process to make a product, provided the materials are not being
reclaimed; or
(ii) Used or reused
as effective substitutes for commercial products; or
(iii) Returned to the original process from
which they are generated, without first being reclaimed or land disposed. The
material must be returned as a substitute for feedstock materials. In cases
where the original process to which the material is returned is a secondary
process, the materials must be managed such that there is no placement on the
land. In cases where the materials are generated and reclaimed within the
primary mineral processing industry, the conditions of the exclusion found at
§ 261.4(a)(17) apply rather than this paragraph.
(2) The following materials are solid wastes,
even if the recycling involves use, reuse, or return to the original process
(described in paragraphs (e)(1)(i) through (iii) of this section:
(i) Materials used in a manner constituting
disposal, or used to produce products that are applied to the land;
or
(ii) Materials burned for energy
recovery, used to produce a fuel, or contained in fuels; or
(iii) Materials accumulated speculatively;
or
(iv) Materials listed in
paragraphs (d)(1) and (d)(2) of this section.
(f)
(1)
Documentation of claims that materials are not solid wastes or are
conditionally exempt from regulation. In order to claim that a certain
material is not a solid waste or is conditionally exempt from regulation,
owners or operators must demonstrate that there is a known market or
disposition for the material, and that they meet the terms of the exclusion or
exemption. In doing so, they must provide appropriate documentation (such as
contracts showing that a second person uses the material as an ingredient in a
production process) to demonstrate that the material is not a waste, or is
exempt from regulation. In addition, owners or operators of facilities claiming
that they actually are recycling materials must show that they have the
necessary equipment to do so. Materials that are not legitimately recycled are
discarded and are solid waste. In determining whether their recycling is
legitimate, owners or operators must address the requirements below.
(2) Reserved.
(g)
Sham recycling. A hazardous
secondary material found to be sham recycled is considered discarded and a
solid waste. Sham recycling is recycling that is not legitimate recycling as
defined in § 260.43.
