Current through Register Vol. 48, No. 9, September 27, 2024
(a)
(1) A solid waste is any discarded material
that is not excluded by Section 261.4(a) or that is not excluded by variance
granted under R.61-79.260.30 and 260.31, or that is not excluded by a non-waste
determination under R.61-79.260.30 and 260.34.
(2) A discarded material is any material
which is:
(i) A discarded material is any
material that is:
(A) Abandoned, as explained
in paragraph (b) of this section; or
(B) Recycled, as explained in paragraph (c)
of this section; or
(C) Considered
inherently waste-like, as explained in paragraph (d) of this section;
or
(D) A military munition
identified as a solid waste in section 266.202.
(ii) [Reserved]
(iii) Considered inherently waste-like, as
explained in paragraph (d) of this section; or
(iv) A "military munition" identified as a
solid waste in 266.202.
(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).
(1) Used in a manner constituting disposal.
(i) Materials noted with an "x" in Column 1
of Table 1 are solid wastes 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 section 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 an
"x" 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 section 261.33 are not solid wastes if
they are themselves fuels.
(3) Reclaimed. Materials noted with an "*" in
column 3 of Table 1 are solid wastes when reclaimed unless they meet the
requirements of section 261.4(a)(17), or section 261.4(a)(23), 261.4(a)(24), or
261.4(a)(27). Materials noted with a "-" in column 3 of Table 1 are not solid
wastes when reclaimed.
(4)
Accumulated speculatively. Materials noted with an "*" in column 4 of Table 1
are solid wastes when accumulated speculatively.
|
261.2 Table 1 Summary of definitions of
Solid Waste |
|
Use Constituting Disposal
(261.2(c)(1)) |
Energy Recovery/Fuel
(261.2(c)(2)) |
Reclamation (261.2(c)(3)), except as
provided in 261.4(a)(17), 261.4(a)(23), 261.4(a)(24), or
261.4(a)(27) |
Speculative Accumulation
(261.2(c)(4)) |
|
(1) |
(2) |
(3) |
(4) |
|
Spent Materials |
(*) |
(*) |
(*) |
(*) |
|
Sludges (listed in sections 261.31 or
261.32) |
(*) |
(*) |
(*) |
(*) |
|
Sludges exhibiting a characteristic of hazardous
waste |
(*) |
(*) |
---- |
(*) |
|
By-products (listed in 261.31 or
261.32) |
(*) |
(*) |
(*) |
(*) |
|
By-products exhibiting a characteristic of
hazardous waste |
(*) |
(*) |
- |
(*) |
|
Commercial chemical products listed in section
261.33 |
(*) |
(*) |
---- |
---- |
|
Scrap metal that is not excluded under section
261.4(a)(13) |
(*) |
(*) |
(*) |
(*) |
Note: The terms "spent materials," "sludges,"
"by-products," "scrap metal," and "processed scrap metal" are defined in
section 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: (revised 12/92; 12/93).
(i) The
material must contain a bromine concentration of at least 45%; and (added
12/93)
(ii) The material must
contain less than a total of 1% of toxic organic compounds listed in appendix
VIII; and (added 12/93)
(iii) The
material is processed continually on-site in the halogen acid furnace via
direct conveyance (hard piping). (added 12/93)
(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 R.61-79.261 of
these Regulations 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 land disposed; or (revised 5/96)
(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. (5/96, 11/99)
(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)-(iii):
(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. (12/93)
(f) Documentation of claims that
materials are not solid wastes or are conditionally exempt from regulation.
Respondents in actions to enforce regulations implementing the SC Hazardous
Waste Management Act sections
44-56-10
et seq. and Subtitle C of RCRA who raise a claim that a certain material is not
a solid waste, or is conditionally exempt from regulation, 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 (revised
12/93).
(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 section 260.43.
