June 2010
Version 1
Revisions to the Definition of Solid Waste Final
Rule Compilations: The Contained Standard
Materials Recovery and Waste Management Division
Office of Resource Conservation and Recovery
U.S. Environmental Protection Agency
EPA530-R-10-005
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Revisions to the Definition of Solid Waste Final Rule Compilations:
The Contained Standard
INTRODUCTION
Contents
Click a topic below to go to a section
INTRODUCTION I
THE CONTAINED STANDARD 1
• Applicability 1
• Contained 1
• Land-based Units, Non-land-based
Units, and Other Management Units 2
• Managed as a Valuable Raw Material,
Intermediate, or Product 3
• Significant Release 5
• Post-closure Care 7
CFR LANGUAGE 9
ACRONYMS 11
INDEX 12
About the 2008 DSW Rule
On October 30, 2008, the U.S.
Environmental Protection Agency (EPA)
published a final rule that streamlines
regulation of hazardous secondary
materials to encourage beneficial
recycling and to help conserve resources.
The Revisions to the Definition of Solid
Waste (DSW) Final Rule ("DSW rule")
amends and clarifies the Resource
Conservation and Recovery Act (RCRA)
definition of solid waste (40 CFR 261.2).
In particular, this rule establishes three
self-implementing exclusions to the
definition of solid waste for hazardous
secondary materials that are reclaimed.
One of the exclusions involves
hazardous secondary materials that are
legitimately reclaimed under the control
of the generator (onsite reclamation,
reclamation by the same company, and
reclamation under certain tolling
arrangements). The second exclusion
involves hazardous secondary materials
that are transferred to another company
for reclamation. The last exclusion
involves hazardous secondary materials
that are exported for reclamation. In
addition, the 2008 DSW rule outlines a
procedure for case-by-case non-waste
determinations.
For more information on the DSW rule,
see EPA's DSW Federal Register
Notices web page.
About the "Revisions to the Definition of Solid Waste Final
Rule Compilations"
The Revisions to the Definition of Solid Waste Final Rule Compilations provide easy
access for EPA, the states, the regulated community, and the public to important
information regarding three provisions under the DSW rule: legitimate recycling,
reasonable efforts and the contained standard. This user-friendly reference tool reduces
the need for stakeholders to search through multiple Federal Register notices and will
improve understanding of each of these three subjects. For each compilation, EPA has
incorporated information from relevant preambles, regulations, and other materials.
Introduction
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Revisions to the Definition of Solid Waste Final Rule Compilations:
The Contained Standard
Please note that this reference is designed to be web-based; therefore, the usefulness of
the document is maximized when it is viewed on a computer that is connected to the
Internet.
This volume of the Compilations series provides information about the contained
standard under the DSW rule. The compilations covering the legitimacy standard and the
reasonable efforts condition will be available at
http ://www. epa. gov/epawaste/hazard/dsw/impresource.htm#guide.
This document is not a rulemaking and does not change any existing solid or hazardous
waste requirements. Any reformatting of regulatory language for the new exclusions is
only intended to make the language easier to read. Moreover, EPA's intention is to
include only that CFR language that is directly relevant to the contained standard. Note:
other relevant language to this standard may exist and may not be included in this
document; users of this document are responsible for examining all CFR language and
other information that may be relevant to the reasonable efforts condition. Any language
in this document, including any reformatted CFR language to assist in ease of reading, is
not a substitute for the CFR itself or the requirements in the CFR. In addition, we also
provide links to the Government Printing Office's Electronic Code of Federal
Regulations Web site (e-CFR), which is updated almost daily.
In addition, this reference document presents matters related only to the contained
standard of the federal definition of solid waste and hazardous waste recycling
regulations. Most states are authorized to manage their own solid and hazardous waste
regulatory programs. Therefore, states may have their own regulations that apply in lieu
of federal regulations. While most state regulations are based on the federal requirements,
some states have developed regulations that are more stringent than the federal program.
We direct you to the following Web site to determine if your state regulatory program is
different from the federal program: http://epa.gov/waste/wyl/stateprograms.htm.
For a collection of written materials about other issues related to the definition of solid
waste, see the Definition of Solid Waste Compendium. For more information regarding
the various regulations applied to facilities generating or managing hazardous waste, see
Hazardous Waste Generators: A User Friendly Reference Document.
The Compilations series is also available in Microsoft Word format from EPA upon
request. For more information on these versions and any other questions or comments
concerning this document, please contact EPA's Office of Resource Conservation and
Recovery:
Amanda Geldard Tracy Atagi
geldard.amanda@epa.gov atagi.tracy@epa.gov
(703) 347-8975 (703) 308-8672
Introduction
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Revisions to the Definition of Solid Waste Final Rule Compilations:
The Contained Standard
About "The Contained Standard" Compilation
Under the 2008 DSW rule, EPA requires that hazardous secondary materials must be
contained. Materials that are not contained are considered discarded and are solid wastes.
This condition applies to each of the exclusions under the DSW rule. This compilation
discusses the following subjects (click a topic below to jump to a section):
• Applicability
• Contained standard
• Land-based units, non-land-based units, and other management units
• Management as a valuable raw material, intermediate, or product
• When a release is significant
• Post-closure care
• Regulatory text
The text in the following sections is taken nearly verbatim from the preamble to the 2008
final rule and from final regulatory language. The excerpts presented in this compilation
do not necessarily appear in the same order as in the original source. In some cases, we
have reformatted passages to improve readability. Where the language in this compilation
does not exactly match preamble or regulatory language, we have indicated this by
bracketing the text (with the exception of headings and bold titles, as well as lists of
related resources). As noted above, any changes to the preamble or regulatory text are for
the convenience of the reader and are not to be taken as substitutes for the actual
language of the regulations or the preamble.
Introduction iii
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The Contained Standard
THE CONTAINED STANDARD
Applicability
The regulations at 40_CFR26L2(a)(2)(ii) and 40 CFR261.4(a)(23) apply to hazardous
secondary materials that are generated and legitimately reclaimed under the control of the
generator in the United States or its territories. Under these provisions, the hazardous
secondary materials must be contained, whether they are stored in land-based units or
non-land-based units [73 FR 64680-64681]. EPA [also finalized] an exclusion [40 CFR
26L4(a)(24)-(25)] from the definition of solid waste for hazardous secondary materials
that are generated and subsequently transferred to another company or person for the
purpose of reclamation (i.e., "transfer-based exclusion"), provided that certain
conditions are met. [73 FR 64683] [One] condition of the transfer-based exclusion
applicable to hazardous secondary material generators, reclamation facilities, and
intermediate facilities is that the hazardous secondary materials must be contained in their
management units. [73 FR 64685]
Contained
Under [the rule], the hazardous secondary materials must be contained, whether they are
stored in land-based units or non-land-based units. Generally, such material is
"contained" if it is placed in a unit that controls the movement of the hazardous
secondary material out of the unit and into the environment. These restrictions support
EPA's determination that materials managed in this manner are not discarded. [73 FR
64681]
By "contained," EPA means not released to the environment. It is a self-evident fact that
hazardous secondary materials released to the environment (e.g., causing soil and
groundwater contamination) are not "destined for recycling" or "recycled in a
continuous process"; thus, they are part of the waste management problem. Moreover, as
discussed [...] in section VII.C [of the preamble to the final rule], to the extent that
significant releases to the environment from a storage unit have occurred and remain
unaddressed, it is reasonable to conclude that the material remaining in the unit is also
actively being discarded. It is important to note that the hazardous secondary materials
that remain in the unit are not solid wastes, unless the releases from the storage unit
indicate that these materials are not being managed as valuable commodities and are, in
fact, discarded. [73 FR 64720]
The Agency has decided not to add performance standards or other requirements for
managing hazardous secondary materials excluded under any of the of the exclusions
promulgated [at] (§§ 261.2(a)(2)(ii), 261.4(a)(23), or 261.4(a)(24)). Such detailed
The Contained Standard
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measures are unnecessary for hazardous secondary materials that are handled as valuable
products that are destined for recycling. Under [the 2008 DSW rule], regulatory
authorities can determine whether such materials in a unit are contained by considering
all such site-specific circumstances. For example, local conditions can greatly affect
whether hazardous secondary materials managed in a surface impoundment are likely to
leak and cause damage, and, therefore, whether the materials in the unit could be
considered contained. Similarly, facilities may employ such measures as liners, leak
Damage Cases and the Contained Standard
The goal of the environmental problems study [38FL4n Assessment of Environmental
Problems Associated With Recycling of Hazardous Secondary Materials} was to identify and
characterize environmental problems that have been attributed to some types of hazardous
secondary material recycling activity that are relevant for the purpose of this rulemaking
effort. [73 FR 64673] The pattern of environmental damages that resulted from the
mismanagement of recyclable materials (including contamination of soils, groundwater,
surface water and air) is a strong indication that the hazardous secondary materials were
generally not managed as valuable commodities and were discarded. Of the 208 damage cases,
81 cases (40%) primarily resulted from the mismanagement of recyclable hazardous
secondary materials. Mismanagement of recycling residuals was the primary cause in 71 cases
(34%). Often, in the case of mismanagement of recycling residues, reclamation processes
generated residuals in which the toxic components of the recycled materials were separated
from the non-toxic components, and these portions of the hazardous secondary material were
then mismanaged and discarded. Examples of this include a number of drum reconditioning
facilities, where large numbers of used drums were cleaned out to remove small amounts of
remaining product such as solvent, and these wastes were then improperly stored or disposed.
[73 FR 64673-64674]
detection measures, inventory control and tracking, control of releases, or monitoring and
inspections. Any or all of these practices may be used to determine whether the
hazardous secondary materials are contained in the unit. [73 FR 64729]
A few commenters [on the supplemental proposed rule] indicated that hazardous
secondary materials managed in units complying with state regulatory programs to
address releases should be considered contained. Because of the variety of such
programs, and because the Agency has not conducted an in-depth evaluation of such state
requirements, [EPA is] not adding a definition of "contained" that would incorporate
this suggested element. However, regulatory authorities may consider compliance with
such requirements as one of the factors in determining whether the hazardous secondary
materials are contained in the units. [73 FR 64729]
Land-based Units, Non-land-based Units, and Other
Management Units
Hazardous secondary materials released to the environment are not destined for recycling
and are clearly discarded whether they originated from a land-based unit or not. Thus, for
[this] final rule, EPA is requiring that hazardous secondary materials must be contained
The Contained Standard
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Revisions to the Definition of Solid Waste Final Rule Compilations:
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(whether it is managed in land-based units or non-land-based units) in order to identify
the hazardous secondary materials that are not being discarded and, therefore, are not
solid wastes. [73 FR 64667]
A land-based unit is defined in 40 CFR260.10 as an area where hazardous secondary
materials are placed in or on the land before recycling, but this definition does not include
land-based production units. Examples of land-based units include surface impoundments
and piles. [73 FR 64680]
[Examples of non-land-based units include] tanks, containers, or containment buildings.
[73 FR 64669]
[As defined in 40 CFR 260.10, "container" means any portable device in which a
material is stored, transported, treated, disposed of, or otherwise handled. Further, EPA
has concluded that containers that meet Department of Transportation standards for the
transportation of containerized materials (49 CFRPart 173) are also acceptable from an
environmental protection perspective.]1
Managed as a Valuable Raw Material, Intermediate, or
Product
Under the first paragraph of 40 CFR 260.43, hazardous secondary materials that are not
legitimately recycled are discarded materials and, therefore, are solid wastes. This
paragraph also states that anyone claiming an exclusion at §261.2(a)(2)(ii),
§261.4(a)(23),§ 261.4(a)(24), or § 261.4(a)(25) or using a non-waste determination at
§260.30(d) or (e) must be able to demonstrate that its recycling activity is legitimate. [73
FR 64701]
[Under] Factor 3—Managed as a Valuable Commodity. "The generator and the recycler
should manage the hazardous secondary material as a valuable commodity. Where there
is an analogous raw material, the hazardous secondary material should be managed, at a
minimum, in a manner consistent with the management of the raw material. Where there
is no analogous raw material, the hazardous secondary material should be contained.
Hazardous secondary materials that are released to the environment and are not recovered
immediately are discarded" (40 CFR 260.43(c)(l)). [73 FR 64703]
[This factor] that must be considered expresses the principle that hazardous secondary
materials being recycled should be managed in the same manner as other valuable
materials. This factor requires those making a legitimacy determination to look at how
For more information on EPA's determination that containers that meet DOT standards are also
acceptable from an environmental protection perspective, see Containers Storing Hazardous Waste,
Requirements, January 21. 1986. RCRA Online Document No. 12543. See also, Tank Storage at Transfer
Facilities, June 1, 1996, RCRA Online Document No. 13786.
The Contained Standard
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the hazardous secondary material is managed before it enters the recycling process. In
EPA's view, a recycler will value hazardous secondary materials that provide an
important contribution to its process or product and, therefore, will manage those
hazardous secondary materials in a manner consistent with how it manages a valuable
feedstock. If, on the other hand, the recycler does not manage the hazardous secondary
materials as it would a valuable feedstock, that behavior may indicate that the hazardous
secondary materials may not be recycled, but rather released into the environment and
discarded. [73 FR 64703]
This factor addresses the management of hazardous secondary materials in two distinct
situations. The first situation is when a hazardous secondary material is analogous to a
raw material which it is
replacing in the process. Definition of "analogous raw material"
An "analogous raw material" is a material for which a
^aco
L/doC, .1t. 11-1
, , , hazardous secondary material substitutes and which serves
hazardous secondary , ., . J .. ... , • , , , • ,
' 1 Vi 1H h the same function and has similar physical and chemical
ma ena s ou e properties as the hazardous secondary material. A raw
managed prior to material that has significantly different physical or chemical
recycling similarly to the properties would not be considered analogous even if it
way the analogous raw serves the same function. For example, a metal-bearing ore
materials are managed in might serve the same function as a metal-bearing air pollution
the course of normal control dust, but because the physical properties of the dust
manufacturing. EPA would make it more susceptible to wind dispersal, the two
expects that all parties would not be considered analogous. Similarly, hazardous
handling hazardous secondary materials with high levels of toxic volatile
secondary materials chemicals would not be considered analogous to a raw
, , • , r- i • material that does not have these volatile chemicals or that
destined tor recycling — . . ,, . /^/cnn
has only minimal levels or volatile chemicals. 73 FR 64691
generators, transporters,
intermediate facilities and
reclamation facilities — will handle them in generally the same manner in which they
would handle the valuable raw materials they might otherwise be using in their process.
[73 FR 64703]
The second situation the factor addresses is the case where there is no analogous raw
material that the hazardous secondary material is replacing. This could be either because
the process is designed around a particular hazardous secondary material — that is, the
hazardous secondary material is not replacing anything — or it could be because of
physical or chemical differences between the hazardous secondary material and the raw
material that are too significant for them to be considered "analogous." Hazardous
secondary materials that have significantly different physical or chemical properties when
compared to the raw material would not be considered analogous even if they serve the
same function because it may not be appropriate to manage them in the same way. In this
situation, the hazardous secondary material would have to be contained for this factor to
be met. A hazardous secondary material is "contained" if it is placed in a unit that
controls the movement of that material out of the unit. This requirement is consistent with
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Revisions to the Definition of Solid Waste Final Rule Compilations:
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the idea that normal manufacturing processes are designed to use valuable material inputs
efficiently rather to than allow them to be released into the environment. [73 FR 64703]
For example, if a manufacturer has an ingredient that is a dry raw material managed in
supersacks, the Agency would expect that a hazardous secondary material that is a similar
dry material also would be managed in supersacks or in a manner that would provide
equivalent protection. If, on the other hand, the hazardous secondary material was instead
managed in an outdoor pile without appropriate controls in place to address releases to
the environment, it may indicate that it was not being handled as a valuable commodity.
If, however, the manufacturer decided to replace the dry raw material in its process with a
liquid having the same constituents, it would not be sufficient, nor would it make sense,
for the liquid to be managed in supersacks. Instead, the liquid would have to be
"contained" (for example in a tank or surface impoundment). [73 FR 64703-64704]
An important part of this factor is the statement in the regulatory text clarifying that
hazardous secondary materials that are released to the environment and not recovered
immediately are discarded. Valuable products should not be allowed to escape into the
environment through poor management and this factor clarifies that those hazardous
secondary materials that do escape (and are not immediately recovered) are clearly
discarded. Either a large release or ongoing releases of smaller amounts could indicate
that, in general, the hazardous secondary material is not being managed as a valuable
product, which could potentially lead to the recycling process being found not to be
legitimate. Hazardous secondary materials that are immediately recovered before they
disperse into the environment—air, soil, or water—and are reintroduced in the recycling
process are not discarded. This determination must be made on a case-by-case basis,
however. [73 FR 64704]
EPA has determined that it is appropriate that this factor is one of the two that must be
considered rather than a factor that must be met because there are situations in which this
factor is not met, but recycling appears to be legitimate. An example of this kind of
situation is described in the March 2007 supplemental proposal [72 FR 14199]. In the
example, a hazardous secondary material that is a powder-like material is shipped in a
woven super sack and stored in an indoor containment area, whereas the analogous raw
material is shipped and stored in drums. A strict reading of this factor may determine that
the hazardous secondary material is not being managed in a manner consistent with the
raw material even if the differences in management are not actually impacting the
likelihood of a release. By designing the legitimacy factors so that this one has to be
considered, but not necessarily met, the individual facts of situations like the one
described here can be evaluated on a case-by-case basis to determine if they affect the
legitimacy of the recycling activity. [73 FR 64704]
Significant Release
Hazardous secondary materials released to the environment from any unit are discarded
and would be subject to the hazardous waste regulations, unless they are immediately
The Contained Standard
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The Contained Standard
cleaned up. Hazardous secondary materials remaining in a unit that experiences a release
may also be considered discarded in certain cases. [73 FR 64685]
In the event of a release from a unit to the environment, the hazardous secondary
materials that remain in the unit may or may not meet the terms of the exclusions. They
would be considered solid wastes if they are not managed as a valuable raw material,
intermediate, or product, and as a result, a "significant" release of hazardous secondary
materials from the unit to the environment were to take place and the materials were not
immediately recovered. If such a significant release were to occur, the hazardous
secondary materials remaining in the unit would be considered solid and hazardous
wastes and the unit would be subject to the appropriate hazardous waste regulations. [73
FR 64681]
Disposal and the Contained Standard
"Disposal" is defined in 39H40 CFR260.10 as "the discharge, deposit, injection, dumping,
spilling leaking or placing of any solid waste or hazardous waste into or on any land or water
so that such solid waste or hazardous waste or any constituent thereof may enter the
environment or be emitted into the air or discharged into any waters, including ground
waters." Thus a hazardous secondary material that is land disposed would not meet the
"contained" standard. [73 FR 64713, footnote 13]
For example, an acidic hazardous secondary material undergoing reclamation could be
stored in a tank that experienced a failure. A facility might fail to monitor the structural
integrity of the tank, as most product tanks are monitored, or the tank might not be
constructed to contain acidic hazardous secondary materials, causing a significant release
of such materials into the environment that is not immediately recovered. The unit itself
would consequently be considered a hazardous waste management unit because the
hazardous secondary materials were not being managed as a valuable raw material,
intermediate, or product, as evidenced by the failure to monitor it for structural integrity,
resulting in the release. Thus, the unit and any remaining waste would be subject to
Subtitle C controls because the hazardous secondary materials in the unit have been
discarded. In addition, any of the released materials that were not immediately recovered
would also be considered discarded and, if hazardous, subject to appropriate federal or
state regulations and applicable authorities. Thus, to be excluded from the definition of
solid waste, the facility has an obligation to manage the material as it would any raw
material, intermediate or product because of its value. This includes, for example,
operating and maintaining storage units in the same manner as product units. In the above
example, whether by mismanagement of the hazardous secondary materials or by storing
acidic materials in a tank not constructed to handle them or because of the failure to
monitor the structural integrity of the unit, the result is that the unit would come under
Subtitle C regulation. [73 FR 64681]
Conversely, a tank or a surface impoundment in good condition may experience small
releases resulting from normal operations of the facility. Sometimes a material may
escape from primary containment and may be captured by secondary containment or
The Contained Standard
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some other mechanism that would prevent the material from being released to the
environment or would allow immediate recovery of the material. In that case, the unit
would retain its exclusion from RCRA hazardous waste regulation and the hazardous
secondary materials in the unit would still be excluded from the definition of solid waste,
even though any such materials that had been released would be considered discarded if
not immediately recovered and would be subject to appropriate regulation. One specific
example of "contained" hazardous secondary materials would be furnace bricks
collected from production units and stored on the ground in walled bins before being used
as feedstocks in the metals production process. If there were very small releases from the
walled bins due to precipitation runoff, such releases would not cause the storage bins to
be subject to Subtitle C controls. [73 FR 64681]
It should be noted that a "significant" Examples of "significant" release
release is not necessarily large in . [A] mstmg tank Qr contamers that are
volume. Such a release could include an deteriorating may have a slow leak that, if
unaddressed small release to the unaddressed, could, over time, cause a
environment from a unit that, if allowed significant environmental impact.
to continue over time, could cause • [A] surface impoundment with a slow,
significant damage. Any one release unaddressed leak to groundwater could
may not be significant in terms of result, over time, in significant damage.
volume. However, if the cause of such a • [A] large pile of lead-contaminated finely
release remains unaddressed over time ground dust without any provisions to
and hazardous secondary materials are Prevent wmd dispersal of the dust [could
managed in such a way that the release result' °™time' m significant damage (73
. ,., , . .. * . . , . +u FR64681).]
is likely to continue, the materials in the 'J
unit would not be contained. [73 FR
64681] Such releases [see Examples box], if unaddressed over time and likely to
continue, would mean that the hazardous secondary materials remaining in the unit were
not being managed as a valuable raw material, intermediate, or product and that the
materials had been discarded. As a result, the hazardous secondary materials in the unit
would be hazardous wastes and these units would be subject to the RCRA hazardous
waste regulations. [73 FR 64681]
Post-closure Care
Post-closure care (e.g., groundwater monitoring, maintenance of waste containment
systems) only applies to land disposal units, where hazardous waste remains in the unit or
other contamination is present after Subtitle C closure. However, the conditional
[transfer-based] exclusion [...] only applies to hazardous secondary materials intended
for reclamation. In no cases should the storage of these materials be designed or managed
with the intent of leaving these hazardous secondary materials in place. [73 FR 64692]
Unlike the need for closure, which could occur at a reclamation or intermediate facility
which meets all the conditions of the exclusion, but then becomes subject to forces
beyond its control (such as a sudden downturn in the market for its recycled product), the
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need for post-closure care would only apply to a facility that does not meet the condition
that the hazardous secondary materials are contained in the unit. Thus, the Agency has
determined that the issue of post-closure care is most appropriately dealt with by
enforcement of the condition that the hazardous secondary materials must be contained.
If, during the life of the unit, there is a significant release that indicates that the hazardous
secondary materials are discarded, and thus are wastes, then such waste is subject to the
RCRA Subtitle C requirements, including the post-closure care requirements. See
discussion of the condition that the hazardous secondary materials must be "contained"
found in section VII.C. [of the preamble]. [73 FR 64692]
Related Resources:
Post-closure care requirements at 40 CFR part 265 subpart H.
The Contained Standard
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CFR LANGUAGE
260.43 Legitimate Recycling of Hazardous Secondary Materials Regulated
under §260.34, §261.2(a)(2)(ii), and §261.4(a)(23), (24), or (25).
[CFR text not included]
§260.43(c): The following factors must be considered in making a determination as to the
overall legitimacy of a specific recycling activity.
(1) The generator and the recycler should manage the hazardous secondary
material as a valuable commodity. Where there is an analogous raw material, the
hazardous secondary material should be managed, at a minimum, in a manner
consistent with the management of the raw material. Where there is no analogous
raw material, the hazardous secondary material should be contained. Hazardous
secondary materials that are released to the environment and are not recovered
immediately are discarded.
[Remaining CFR text not included]
261.2(a)(2)(ii) Exclusion for Hazardous Secondary Materials That Are
Legitimately Reclaimed Under the Control of the Generator in Non-Land-
Based Units.
§261.2(a)(2)(ii):A hazardous secondary material is not discarded if it is generated and
reclaimed under the control of the generator as defined in § 260.10, it is not speculatively
accumulated as defined in § 261.1(c)(8), it is handled only in non-land-based units and is
contained in such units, it is generated and reclaimed within the United States and its
territories, it is not otherwise subject to material-specific management conditions under §
261.4(a) when reclaimed, it is not a spent lead acid battery (see § 266.80 and § 273.2), it
does not meet the listing description for K171 or K172 in § 261.32, and the reclamation
of the material is legitimate, as specified under § 260.43. (See also the notification
requirements of § 260.42). (For hazardous secondary materials managed in land-based
units, see §261.4(a)(23)).
261.4(a)(23) Exclusion for Hazardous Secondary Materials That Are
Legitimately Reclaimed Under the Control of the Generator in Land-Based
Units.
§26L4(a)(23): Hazardous secondary material generated and reclaimed within the United
States or its territories and managed in land-based units as defined in §260.10 of this
chapter is not a solid waste provided that:
(i) The material is contained;
CFR Language 9
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[Remaining CFR text not included]
261.4(a)(24) Exclusion for Hazardous Secondary Materials That Are
Transferred for the Purpose of Legitimate Reclamation.
§26L4(a)(24): Hazardous secondary material that is generated and then transferred to
another person for the purpose of reclamation is not a solid waste, provided that:
[CFR text not included]
(v) The hazardous secondary material generator satisfies all of the following
conditions:
(A) The material must be contained.
[Remaining CFR text not included]
(vi) Reclaimers of hazardous secondary material excluded from regulation under
this exclusion and intermediate facilities as defined in §260.10 of this chapter
satisfy all of the following conditions:
[CFR text not included]
(D) The reclaimer and intermediate facility must manage the hazardous
secondary material in a manner that is at least as protective as that
employed for analogous raw material and must be contained. An
"analogous raw material" is a raw material for which a hazardous
secondary material is a substitute and serves the same function and has
similar physical and chemical properties as the hazardous secondary
material.
[Remaining CFR text not included]
261.4(a)(25) Exclusion for Hazardous Secondary Materials Exported for
Reclamation.
§261.4(a)(25): Hazardous secondary material that is exported from the United States and
reclaimed at a reclamation facility located in a foreign country is not a solid waste,
provided that the hazardous secondary material generator complies with the applicable
requirements of paragraph (a)(24)(i)-(v) of this section (excepting paragraph (a)(v)(B)(2)
of this section for foreign reclaimers and foreign intermediate facilities)[....]
[Remaining CFR text not included]
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ACRONYMS
CFR Code of Federal Regulations
DSW definition of solid waste
e-CFR electronic Code of Federal Regulations
EPA U.S. Environmental Protection Agency
FR Federal Register
RCRA Resource Conservation and Recovery Act
Acronyms 11
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The Contained Standard
INDEX
analogous 4, 9, 10
closure iii, 7, 8
container 3
containment buildings 3
discard, discarded iii, 7, 8, 9
disposal, disposed 3, 7
immediately recovered 6, 9
intermediate iii, 3, 6, 7, 10
land-based unit iii, 1, 2, 3, 9
management units iii, 1, 2
non-land-based unit iii, 1, 2, 3, 9
performance standards 1
piles 3
post-closure 8
product iii, 3, 6, 7
reclaim, reclamation i, 7, 9, 10
release, released iii, 5, 6, 7, 8, 9
significant release 6, 8
site-specific circumstances 2
surface impoundment 2, 3, 5
tank 5
transfer i
transferred 10
valuable iii, 2, 3, 6, 7, 9
Index 12
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