PA
United States
Environmental Protection
Agency
Office of
Solid Waste ana
Emergency Response
DIRECTIVE NUMBER:
9441.25(85)
TITLE: Scope of the Term "Abandoned" under Revised 40
CFR 261.2
•
APPROVAL DATE: 7-1-85
EFFECTIVE DATE: 7-1-35
ORIGINATING OFFICE: office of solid waste
0 FINAL
; D DRAFT
LEVEL OF DRAFT
DA — Signed by AA or DAA
D B — Signed by Office Director
DC — Review & Comment
REFERENCE (other documents):
OSWER OSWER OSWER
VE DIRECTIVE DIRECTIVE Dl
-------
26 Y? SUBPART A - GENERAL
DOC: 9441.25(85)
Key Words:
Regulations:
Subject:
Addressee:
Originator:
Source Doc:
Date:
Summary:
Discarded Materials, Storage
40 CFR 261.2, 261.2(a)(2)(i), 261.2(b)(l), 260.10
Scope of the Term "Abandoned" under Revised 40 CFr 261.2
John A. Quinlan, Legal Assistant, Evans, Kitchel, and Jenckes, P.C.,
2600 North Central Avenue, Phoenix, Arizona 85004-3099
Matthew A. Straus, Chief, Waste Identification Branch
#9441.25(85)
7-1-85
The Agency generally does not intend to regulate those secondary materials
that are bona fide products (e.g., secondary materials used as ingredients or
feedstocks in production processes or as a substitute for commercial chemical
products) even though they are stored on the land. Therefore, a listed emis-
sion control dust stored in piles on the land and used as an ingredient in a
production process would not be defined as a solid waste if the material is not
speculatively accumulated.
However, if the material escaped from the unit (leaching), it would
constitute disposal and meet the definition of abandoned and therefore be
defined as a solid waste.
-------
9441.25 (85) -
JUL I
Mr. John A. Quinlan
Legal Assistant
Bvans, Kitchel, and Jenckes, P.C.
2600 North Central Avenue
Phoenix, Arizona 85004-3099
Dear Mr. Quinlans
This letter is in re»pon»e to your letter dated May 1,
1985, regarding the scope of the term "abandoned" under
revised 40 CPR 52*1.2. In particular, you indicate that
S261.2(a)(2)(i) provides that a material nay be discarded
by being abandoned and S261.2(b)(i) defines abandoned to
mean disposed of. You further state that disposal (as defined
in 5260.10)includes the "placing of any solid waste or
hasardoua waste into or on any land or water..." Therefore,
you are concerned that read together, these sections would
state that any material that is placed on the land is a
solid waste, and that if the Material is hazardous (i.e.,
if listed in Subpart D of Part 261 or exhibits one or more
of the characteristics in Subpart C of part 261), the
regulations relating to hazardous wastes would apply.
As we discussed previously, the Agency generally does
not intend to regulate those secondary materials that are
bona fide products (e.g., secondary materials used as
ingredients or feedstocks in production processes or as a
substitute for comaereial chemical products) even though
they may be temporarily stored on the land. Thus, a listed
emission control dust that is stored in piles on the land
and is used as an ingredient in a production process would
not be defined as a solid waste, provided that the material
is not speettlatively accumulated.!/ This position is
supported (a* you state in your letter) by the parenthetical
I/ A material is considered speculatively accumulated if
~~ it is being accumulated without having a Known recycling
market or disposition, or no feasible means of recycling,
and during a one-year calendar period, 75 percent of
the material is not recycled, or transferred to a
different site for recycling.
-------
int in ths> preamble, "By saying 'abandon**},
intend any complioated concept, but simply n«*n t^^° not
Se+ SO r» t27> *as«ary 4, ISO.
worny : w• - .
On the other hand, if the material were to
the malt (.!••* leach from the waste and contaminate
waterfc* thliTaction would constitute diapoaal and
definition of abandoned and, thus, would be defined a»
•olid vaate. In addition, if the material ia hasardotii,
pursuant to I2il.3, the material would be subject to th«
hasardoua waate regulations. This point is discussed in the
preamble to the regulations where we indicate *Xn addition,
«m note that black liquor that ia disposed of and not
is a waste, and if haaardousf a hasardoua waste. This
black liquor that leaks, leacfaaa, or overflows from an
meat and is not reoycled.* See 50 PR 642, 1st-column* .
'.. '>'.".'•*'• •
f hope this letter *adequately responds to your question
fsol free to give me a call if I cam b» of, any
further assistancei my telephone number is (202) 475*tSSl*
Sincerely yours.
Matthew A. Straus, Chief
Waste Identification Branch
TO-562fr/IIST!tJUJS/pes/475-8551/6-20-85/Dia* US850208
------- |