^£Dsr% £ (Ql ^ % wj EPA530-R-07-003 February 2008 Version 1 Definition of Solid Waste Compendium Volume S: Case-by-Case Variances Hazardous Waste Identification Division Office of Solid Waste U.S. Environmental Protection Agency This document was prepared by ICF Incorporated, L.L.C. under Contract EP-W-07-003 ------- RCR, 4 Definition of Solid Waste Compendium - Volume S: Case-by-Case Variances Navigation Tips To improve document navigation: Using Microsoft Word 1. Use the C- (back) and (forward) buttons to navigate between document locations accessed via hyperlinks. These buttons can be accessed from the Navigation toolbar (View > Toolbars > Navigation). Alternatively, use ALT + Left (back) and ALT + Right (forward). 2. Use the Document Map. To show the Document Map, go to View > Document Map. Using Adobe Reader (PDF) 1. Use the (back) and J (forward) buttons to navigate between document locations accessed via hyperlinks. These buttons are found on the Navigation bar at the bottom of the document window. 2. Use the Bookmarks listed in the Bookmarks tab (located on the left-hand side of the document window). Document Layout (arrows represent hyperlinks): Proceed to: Main Index Navigation Tips i ------- RCRA Definition of Solid Waste Compendium - Volume S: Case-by-Case Variances Main Index Volume S: Case-by-Case Variances Navigation Tips i Main Index ii Introduction iii Sub topic View 1 Resources by Subtopic 2 CFR View Index 4 Glossary of Acronyms 7 Compendium Volumes Volume Topic A Exclusions B Abandoned Materials C Military Munitions D Use Constituting Disposal (UCD) E Burning for Energy Recovery F Reclamation G Speculative Accumulation H Spent Materials I Sludges J By-Products K Commercial Chemical Products L Inherently Waste-Like Materials M Use/Reuse N Legitimate Recycling 0 Recyclable Materials P Precious Metals Reclamation Q Spent Lead-Acid Batteries R Universal Waste S Case-by-Case Variances T Incidental Processing U (Un)-Contained Gases V Waste-Specific Issues Main Index ii ------- RCR, 4 Definition of Solid Waste Compendium - Volume S: Case-by-Case Variances Introduction Return to: Main Index About the Compendium The Definition of Solid Waste Compendium serves as a user-friendly reference to assist Environmental Protection Agency (EPA) and state staff, industrial facilities generating and managing solid and hazardous wastes, as well as the general public, in locating resources addressing specific regulatory issues within the federal Definition of Solid Waste regulations. 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. A frequently mentioned comment from stakeholders is the need for EPA to improve the user-friendliness of the existing regulations. Commenters note that the applicable Definition of Solid Waste regulations and relevant guidance materials are difficult to locate and use. As a result, stakeholders have difficulty in understanding the regulations and identifying solid waste. The objective of this document is to address some of the commenters' concerns by consolidating and streamlining the Definition of Solid Waste into a helpful reference tool that features a user-friendly format, including references to EPA FAQs (Frequently Asked Questions), letters, memoranda, and guidance documents that EPA has provided to the public through the years to help stakeholders interpret the Definition of Solid Waste. This document does not change any of the existing solid or hazardous waste requirements. The resources referenced in the Compendium may include Federal Register (FR) notices, documents from Resource Conservation and Recovery Act (RCRA) Online (e.g., RCRA Hotline Q&A's, letters, and memoranda issued by EPA), and other resources, as well as relevant Code of Federal Regulations (CFR) language. We have attempted to identify the relevant resources for each Compendium volume topic. However, please note that EPA could have inadvertently overlooked a relevant document and did not reference it. Certain available resources, such as superseded RCRA Online documents and items that were judged to be not pertinent, have not been referenced. Most of the referenced resources are not included or reproduced in the Compendium; instead, hyperlinks to the resources are provided. As an exception, we have included a version of relevant sections of the most current CFR language (as of the date on the cover of the Compendium) that we have reformatted to make it easier to read and find citations of interest. In addition, we also provide links to the Government Printing Office's Electronic Code of Federal Register Web site (e-CFR), which is updated almost daily. Please note that this document is also not a rulemaking in any way. As well, the included reformatted CFR language is not a substitute for the CFR itself or the requirements in the CFR. The Government Printing Office frequently updates the e-CFR Introduction iii ------- RCR, 4 Definition of Solid Waste Compendium - Volume S: Case-by-Case Variances Web site; where appropriate, hyperlinks to the respective CFR section at the e-CFR Web site are provided. This reference document presents only the federal Definition of Solid Waste. Most states are authorized to manage their own solid and hazardous waste generator regulatory program. Therefore, states may have their own set of regulations that apply in lieu of federal regulations, and while most state solid and hazardous waste regulations are based on the federal requirements, some states have developed regulations more stringent than the federal program. We direct you to the following Web site to determine if the state regulatory program is different from the federal program: http://www.epa.gov/epaoswer/osw/stateweb.htm. The Definition of Solid Waste includes multiple subtopics, and is codified under 40 CFR. To help users of the Compendium more quickly identify the information they need, and to make the Compendium more user-friendly in an electronic environment, the Compendium has been divided into multiple volumes. These volumes are available through EPA's Definition of Solid Waste Web site at www.epa.gov/epaoswer/hazwaste/dsw/index.htm. Because regulations are promulgated throughout the year, EPA intends to update the Compendium volumes periodically to remain up-to-date with regulations relating to the Definition of Solid Waste. About the Case-by-Case Variances Volume This volume of the Compendium references resources pertaining to specific case- by-case variances from the Definition of Solid Waste. These variances are provided under 40 CFR 260.30 and 260.31. This document is organized into three main sections: • Subtopic View - lists subtopics for resources • Resources - lists resources for each subtopic • CFR View - CFR language we've reformatted for easy reading The Subtopic View section lists the subtopics among the case-by-case variances resources. The Resources section is comprised of a table, arranged by subtopic, that provides basic details about and a hyperlink to each resource. The CFR View section provides reformatted versions of the relevant CFR language. As noted previously, this reproduced language is not a substitute for the CFR itself or the requirements in the CFR. Additionally, the Government Printing Office frequently updates the e-CFR Web site to which the document is linked; where appropriate, hyperlinks to the respective CFR section at the e-CFR Web site are provided. These three main sections are cross- referenced, where each section includes hyperlinks to the other sections. Please see the "Navigation Tips" section for document navigation guidance. This reference document does not provide guidance on solid waste or hazardous waste regulations beyond issues relating to the case-by-case variances from the Introduction iv ------- RCR, 4 Definition of Solid Waste Compendium - Volume S: Case-by-Case Variances Definition of Solid Waste. 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 Compendium volumes are 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 Solid Waste: Amanda Geldard geldard.amanda@epa.gov (703) 347-8975 Teena Wooten wooten.teena@epa.gov (703) 308-8751 Introduction v ------- RCR, 4 Definition of Solid Waste Compendium - Volume S: Case-by-Case Variances Subtopic View Return to: CFR View (CFR text) | Main Index Case-by-Case Variances [§§260.30, 260.31] Resource Index: • Resources applicable to all subtopics • Resources specific to subtopic: o o Lead smelters Reclamation o Reuse o Solvents o Other Subtopic View 1 ------- RCR, 4 Definition of Solid Waste Compendium - Volume S: Case-by-Case Variances Resources by Subtopic Return to: Subtopic View | CFR View (CFR text) | Main Index Subtopic Resource Document Date Type Topic is Focus? Link to EPA Summary Link to Resource Resources applicable to all subtopics 1. 50 FR 614 - Hazardous Waste Management System (Final) [pp. 634, 654-655] 1/4/1985 Federal Register Yes N/A PDF 2. 59 FR 47982 - Modifications to Hazardous Waste Recycling Regulations (Final) [pp. 48014- 48015] 9/19/1994 Federal Register Yes N/A PDF 3. 67 FR 52617 - Variance from EPA's hazardous waste requirements for certain materials reclaimed from metal-bearing sludges (Final) [All pages] 8/13/2002 Federal Register Yes N/A PDF 4. 71 FR 16862 - Resource Conservation and Recovery Act Burden Reduction Initiative (Final) [p. 16893] 4/4/2006 Federal Register Yes N/A PDF 5. §260.30 - Variances from classification as a solid waste N/A Code of Federal Regulations Yes N/A e-CFR 6. §260.31 - Standards and criteria for variances from classification as a solid waste N/A Code of Federal Regulations Yes N/A e-CFR Return to: SubtoDic View I CFR View (CFR text) I Main Index Lead smelters 1. SECONDARY LEAD SMELTER VARIANCES 8/26/1988 Memo Yes Summary PDF Return to: SubtoDic View I CFR View (CFR text) I Main Index Resources 2 ------- RCR, 4 Definition of Solid Waste Compendium - Volume S: Case-by-Case Variances Subtopic Resource Document Date Type Topic is Focus? Link to EPA Summary Link to Resource Reclamation 1. SOLID WASTE VARIANCE 9/1/1985 Q & A Yes Summary PDF 2. RECLAMATION OF SPENT ALKALINE ETCHANT-REQUEST FOR VARIANCE UNDER MOD. CLOSED-LOOP PROVISION 10/29/1985 Letter Yes Summary PDF 3. SECONDARY LEAD SMELTER VARIANCES 8/26/1988 Memo Yes Summary PDF 4. VARIANCES FROM CLASSIFICATION AS A SOLID WASTE UNDER 40 CFR 260.31(b) FOR SPENT CATALYSTS 11/15/1994 Memo Yes Summary PDF 5. REGULATORY INTERPRETATION REGARDING THE VARIANCE FROM THE DEFINITION OF SOLID WASTE AT 40 CFR 260.31(b) 3/3/1999 Letter Yes Summary PDF Return to: Subtopic View I CFR View (CFR text) I Main Index Reuse 1. SOLID WASTE VARIANCE 9/1/1985 Q & A Yes Summary PDF 2. RECLAMATION OF SPENT ALKALINE ETCHANT-REQUEST FOR VARIANCE UNDER MOD. CLOSED-LOOP PROVISION 10/29/1985 Letter Yes Summary PDF 3. VARIANCES FROM CLASSIFICATION AS A SOLID WASTE UNDER 40 CFR 260.31(b) FOR SPENT CATALYSTS 11/15/1994 Memo Yes Summary PDF Return to: Subtopic View I CFR View (CFR text) I Main Index Solvents 1. SOLID WASTE VARIANCE 9/1/1985 Q & A Yes Summary PDF 2. REGULATORY INTERPRETATION REGARDING THE VARIANCE FROM THE DEFINITION OF SOLID WASTE AT 40 CFR 260.31(b) 3/3/1999 Letter Yes Summary PDF Return to: Subtopic View | CFR View (CFR text) | Main Index Other 1. RECOGNITION OF A STATE VARIANCE FROM THE DEFINITION OF SOLID WASTE BY ANOTHER STATE 9/1/2004 Q & A Yes Summary PDF Return to: Subtopic View | CFR View (CFR text) | Main Index Resources 3 ------- RCR, 4 Definition of Solid Waste Compendium - Volume S: Case-by-Case Variances CFR View Index Return to: Main Index NOTE: The CFR links in the below index are internal to this document. CFR Location Title/Topic 260.30 Variances from classification as a solid waste 260.31 Standards and criteria for variances from classification as a solid waste CFR View - Index 4 ------- RCR, 4 Definition of Solid Waste Compendium - Volume S: Case-by-Case Variances CFR View Return to: Main Index NOTE: The CFR language outline has been formatted §260.30: Variances from classification as a solid waste. View Resources | Go to e-CFR | Return to: CFR Index | Subtopic View | Main Index In accordance with the standards and criteria in §260.31 and the procedures in §260.33, the Administrator may determine on a case-by-case basis that the following recycled materials are not solid wastes: (a) Materials that are accumulated speculatively without sufficient amounts being recycled (as defined in §261.1(c)(8) of this chapter); (b) Materials that are reclaimed and then reused within the original production process in which they were generated; and (c) Materials that have been reclaimed but must be reclaimed further before the materials are completely recovered. §260.31: Standards and criteria for variances from classification as a solid waste. View Resources | Go to e-CFR | Return to: CFR Index | Subtopic View | Main Index (a) The Administrator may grant requests for a variance from classifying as a solid waste those materials that are accumulated speculatively without sufficient amounts being recycled if the applicant demonstrates that sufficient amounts of the material will be recycled or transferred for recycling in the following year. If a variance is granted, it is valid only for the following year, but can be renewed, on an annual basis, by filing a new application. The Administrator's decision will be based on the following criteria: (1) The manner in which the material is expected to be recycled, when the material is expected to be recycled, and whether this expected disposition is likely to occur (for example, because of past practice, market factors, the nature of the material, or contractual arrangements for recycling); (2) The reason that the applicant has accumulated the material for one or more years without recycling 75 percent of the volume accumulated at the beginning of the year; (3) The quantity of material already accumulated and the quantity expected to be generated and accumulated before the material is recycled; (4) The extent to which the material is handled to minimize loss; (5) Other relevant factors. CFR View - 40 CFR 260.30-260.31(a) 5 ------- RCR, 4 Definition of Solid Waste Compendium - Volume S: Case-by-Case Variances §260.31: Standards and criteria for variances from classification as a solid waste (cont.). View Resources | Go to e-CFR | Return to: CFR Index | Subtopic View | Main Index (b) The Administrator may grant requests for a variance from classifying as a solid waste those materials that are reclaimed and then reused as feedstock within the original production process in which the materials were generated if the reclamation operation is an essential part of the production process. This determination will be based on the following criteria: (1) How economically viable the production process would be if it were to use virgin materials, rather than reclaimed materials; (2) The extent to which the material is handled before reclamation to minimize loss; (3) The time periods between generating the material and its reclamation, and between reclamation and return to the original primary production process; (4) The location of the reclamation operation in relation to the production process; (5) Whether the reclaimed material is used for the purpose for which it was originally produced when it is returned to the original process, and whether it is returned to the process in substantially its original form; (6) Whether the person who generates the material also reclaims it; (7) Other relevant factors. (c) The Regional Administrator may grant requests for a variance from classifying as a solid waste those materials that have been reclaimed but must be reclaimed further before recovery is completed if, after initial reclamation, the resulting material is commodity-like (even though it is not yet a commercial product, and has to be reclaimed further). This determination will be based on the following factors: (1) The degree of processing the material has undergone and the degree of further processing that is required; (2) The value of the material after it has been reclaimed; (3) The degree to which the reclaimed material is like an analogous raw material; (4) The extent to which an end market for the reclaimed material is guaranteed; (5) The extent to which the reclaimed material is handled to minimize loss; (6) Other relevant factors. ***End of Case-by Case Variances CFR Excerpts *** CFR View - 40 CFR 260.31(b)-(c) 6 ------- RCR, 4 Definition of Solid Waste Compendium - Volume S: Case-by-Case Variances Glossary of Acronyms Return to: Main Index Acronym Meaning CFR Code of Federal Regulations e-CFR electronic Code of Federal Regulations EPA Environmental Protection Agency FR Federal Register RCRA Resource Conservation and Recovery Act Glossary of Acronyms 7 ------- |