^£Dsr% £ (Ql ^ % wj EPA530-R-07-003 March 2008 Version 1 Definition of Solid Waste Compendium Volume M: Use/Reuse 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 ------- RCK 4 Definition of Solid Waste Compendium - Volume M: Use/Reuse 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. 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Document Layout (arrows represent hyperlinks): Proceed to: Main Index Navigation Tips i ------- RCRA Definition of Solid Waste Compendium - Volume M: Use/Reuse Main Index Volume M: Use/Reuse Navigation Tips i Main Index ii Introduction iii Sub topic View 1 Resources by Subtopic 2 CFR View Index 6 Glossary of Acronyms 9 Compendium Volumes Volume A B C D E F G H I J K L M N 0 P Q R S T U V Main Index ii Topic Exclusions Abandoned Materials Military Munitions Use Constituting Disposal (UCD) Burning for Energy Recovery Reclamation Speculative Accumulation Spent Materials Sludges By-Products Commercial Chemical Products Inherently Waste-Like Materials Use/Reuse Legitimate Recycling Recyclable Materials Precious Metals Reclamation Spent Lead-Acid Batteries Universal Waste Case-by-Case Variances Incidental Processing (Un)-Contained Gases Waste-Specific Issues ------- RCK 4 Definition of Solid Waste Compendium - Volume M: Use/Reuse 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 Regulations 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 ------- RCK 4 Definition of Solid Waste Compendium - Volume M: Use/Reuse 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 Use Reuse Volume This volume of the Compendium references resources pertaining to the "Use/Reuse" provision (i.e., conditions under which materials are not solid waste when recycled) as it appears in the Definition of Solid Waste regulations at 40 CFR 261.2(e). 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 resources pertaining to the "Use/Reuse" provision in the Definition of Solid Waste regulations. 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. Introduction iv ------- RCK 4 Definition of Solid Waste Compendium - Volume M: Use/Reuse This reference document does not provide guidance on solid waste or hazardous waste regulations beyond issues concerning the "Use/Reuse" provision in the Definition of Solid Waste regulations. 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 ------- RCK 4 Definition of Solid Waste Compendium - Volume M: Use/Reuse Subtopic View Return to: CFR View (CFR text) | Main Index Use/Reuse [§§261.1(c)(5), 261.2(e)] Resource Index: • Resources applicable to all subtopics • Resources specific to subtopic: o Burning for energy recovery o Effective substitute for a commercial product o Etchants o Ingredients in an industrial process o Reclamation o Return to original process o Use constituting disposal o Waste water conditioner Subtopic View 1 ------- RCK 4 Definition of Solid Waste Compendium - Volume M: Use/Reuse 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 - Amendments to Definition of Solid Waste (Final) [pp. 619-620, 628, 637-639, 641] 1/4/1985 Federal Register Yes N/A PDF 2. §261.1 (c)(5) - Definition of "used or reused." N/A Code of Federal Regulations Yes N/A e-CFR 3. §261.2(e) - Definition of solid waste: "Use/Reuse" provision. N/A Code of Federal Regulations Yes N/A e-CFR Return to: SubtoDic View I CFR View (CFR text) I Main Index Burning for energy recovery 1. EXCLUSION FROM RCRA REGULATION FOR SECONDARY MATERIALS USED OR REUSED DIRECTLY AS INGREDIENTS IN AN INDUSTRIAL PROCESS 7/20/1994 Letter Yes Summary PDF Return to: Subtopic View I CFR View (CFR text) I Main Index Effective substitute for a commercial product 1. SPENT PICKLE LIQUOR, USE/REUSE EXEMPTION AS APPLIED TO 6/5/1985 Memo Yes Summary PDF 2. DEIONIZATION ACID REUSED, NOT A WASTE 5/12/1986 Letter Yes Summary PDF 3. WASTE ACID AS WASTEWATER CONDITIONER AND AS INGREDIENT IN FERTILIZER 10/20/1986 Letter Yes Summary PDF 4. DEFINITION OF SOLID WASTE 5/1/1987 Q&A Yes Summary PDF 5. SECONDARY MATERIALS USED AS EFFECTIVE SUBSTITUTES FOR COMMERCIAL PRODUCTS 5/1/1992 Q&A Yes Summary PDF 6. REUSE OF REGENERATED HYDROPROCESSING CATALYSTS 1/31/2002 Letter Yes Summary PDF Return to: Subtopic View I CFR View (CFR text) | Main Index Resources 2 ------- RCK4 Definition of Solid Waste Compendium - Volume M: Use/Reuse Subtopic Resource Document Date Type Topic is Focus? Link to EPA Summary Link to Resource Etchants 1. ETCHANTS USED TO MANUFACTURE COPPER SALTS 11/8/1986 Letter Yes Summarv I i PDF 2. REGULATORY STATUS UNDER RCRA OF COPPER ETCHANTS 10/24/1996 Letter Yes Summary PDF Return to: Subtopic View I CFR View (CFR text) I Main Index Ingredients in an industrial process 1. ETCHANTS USED TO MANUFACTURE COPPER SALTS 11/8/1986 Letter Yes Summary PDF 2. COPPER-BEARING SECONDARY MATERIALS AS FEEDSTOCK 3/22/1988 Letter Yes Summary PDF 3. REGULATORY STATUS OF USED SULFURIC ACID 8/9/1988 Letter Yes Summary PDF 4. BAGHOUSE DUSTS USED AS, OR TO PRODUCE, AGGREGATE 6/21/1991 Letter No Summary PDF 5. FREE-FLOWING MERCURY WHICH IS DISTILLED AND SOLD AS AN INGREDIENT IN AN INDUSTRIAL PROCESS 3/30/1994 Letter Yes Summary PDF 6. EXCLUSION FROM RCRA REGULATION FOR SECONDARY MATERIALS USED OR REUSED DIRECTLY AS INGREDIENTS IN AN INDUSTRIAL PROCESS 7/20/1994 Letter Yes Summary PDF 7. REGULATORY STATUS OF ACRYLIC PLASTIC DUST 2/6/1995 Memo Yes Summary PDF 8. JURISDICTIONAL STATUS UNDER THE RCRA OF CERTAIN METAL-RICH SLUDGES 6/19/1996 Letter Yes Summary PDF 9. REGULATORY STATUS UNDER RCRA OF COPPER ETCHANTS 10/24/1996 Letter Yes Summary PDF 10. REGULATORY STATUS OF VITRIFICATION PROCESSES FOR SPENT ALUMINUM POTLINER 7/30/1997 Letter Yes Summary PDF 11. REGULATORY STATUS OF USED CRUCIBLES AND CUPELS 3/19/1999 Memo No Summary PDF 12. SULFURIC ACID RECYCLING IN THE SEMICONDUCTOR INDUSTRY 11/30/2000 Memo Yes Summary PDF 13. REGULATORY STATUS OF HAZARDOUS SECONDARY MATERIALS USED AS FEEDSTOCK IN GASIFICATION SYSTEMS 1/22/2003 Letter Yes Summary PDF Return to: Subtopic View | CFR View (CFR text) | Main Index Resources 3 ------- RCK4 Definition of Solid Waste Compendium - Volume M: Use/Reuse Subtopic Resource Document Date Type Topic is Focus? Link to EPA Summary Link to Resource Reclamation 1. SPENT PICKLE LIQUOR, DEFINITION AS HAZARDOUS 5/20/1987 Letter Yes Summarv I i PDF 2. USE/REUSE EXCLUSION TO RED WATER (K047) FROM WHICH SODIUM SULFITE IS RECOVERED AND WHICH IS USED AS A FUEL 6/9/1987 Letter Yes Summary PDF 3. SECONDARY MATERIALS USED AS EFFECTIVE SUBSTITUTES FOR COMMERCIAL PRODUCTS 5/1/1992 Q&A Yes Summary PDF 4. FREE-FLOWING MERCURY WHICH IS DISTILLED AND SOLD AS AN INGREDIENT IN AN INDUSTRIAL PROCESS 3/30/1994 Letter Yes Summary PDF 5. REGULATORY STATUS OF ACRYLIC PLASTIC DUST 2/6/1995 Memo Yes Summary PDF 6. JURISDICTIONAL STATUS UNDER THE RCRA OF CERTAIN METAL-RICH SLUDGES 6/19/1996 Letter Yes Summary PDF 7. REGULATORY STATUS UNDER RCRA OF COPPER ETCHANTS 10/24/1996 Letter Yes Summary PDF 8. DEFINITION OF SOLID WASTE ISSUES RELATED TO CLEANUP OF CULPEPER WOOD PROCESSING FACILITY 11/13/1996 Memo Yes Summary PDF 9. REGULATORY STATUS OF USED CRUCIBLES AND CUPELS 3/19/1999 Memo No Summary PDF 10. SULFURIC ACID RECYCLING IN THE SEMICONDUCTOR INDUSTRY 11/30/2000 Memo Yes Summary PDF 11. REUSE OF REGENERATED HYDROPROCESSING CATALYSTS 1/31/2002 Letter Yes Summary PDF Return to: SubtoDic View I CFR View (CFR text) I Main Index Resources 4 ------- RCK 4 Definition of Solid Waste Compendium - Volume M: Use/Reuse Subtopic Resource Document Date Type Topic is Focus? Link to EPA Summary Link to Resource Return to original process 1. SPENT PICKLE LIQUOR, DEFINITION AS HAZARDOUS 5/20/1987 Letter Yes Summary I i PDF 2. DEFINITION OF SOLID WASTE ISSUES RELATED TO CLEANUP OF CULPEPER WOOD PROCESSING FACILITY 11/13/1996 Memo Yes Summary PDF Return to: SubtoDic View I CFR View (CFR text) I Main Index Use constituting disposal 1. SPENT PICKLE LIQUOR, USE/REUSE EXEMPTION AS APPLIED TO 6/5/1985 Memo Yes Summary PDF 2. WASTE ACID AS WASTEWATER CONDITIONER AND AS INGREDIENT IN FERTILIZER 10/20/1986 Letter Yes Summary PDF 3. REGULATORY STATUS OF USED SULFURIC ACID 8/9/1988 Letter Yes Summary PDF 4. BAGHOUSE DUSTS USED AS, OR TO PRODUCE, AGGREGATE 6/21/1991 Letter No Summary PDF Return to: Subtopic View I CFR View (CFR text) I Main Index Waste water conditioner 1. SPENT PICKLE LIQUOR, USE/REUSE EXEMPTION AS APPLIED TO 6/5/1985 Memo Yes Summary PDF 2. WASTE ACID AS WASTEWATER CONDITIONER AND AS INGREDIENT IN FERTILIZER 10/20/1986 Letter Yes Summary PDF Return to: SubtoDic View I CFR View (CFR text) I Main Index Resources 5 ------- RCK 4 Definition of Solid Waste Compendium - Volume M: Use/Reuse CFR View Index Return to: Main Index NOTE: The CFR links in the below index are internal to this document. CFR Location Title/Topic 261.1 Purpose and scope. 261.1(c) Definitions for the purposes of §§261.2 and 261.6. 261.2 Definition of solid waste. 261.2(e) "Use/Reuse" provision. CFR View - Index 6 ------- RCK 4 Definition of Solid Waste Compendium - Volume M: Use/Reuse CFR View Return to: Main Index NOTE: The CFR language outline has been formatted §261.1: Purpose and scope. View Resources | Go to e-CFR | Return to: CFR Index | Subtopic View | Main Index [* **1*receding section text omitted***] (c) For the purposes of §§261.2 and 261.6: [* * * Preceding part text omitted* * *] (5) A material is "used or reused" if it is either: (i) Employed as an ingredient (including use as an intermediate) in an industrial process to make a product (for example, distillation bottoms from one process used as feedstock in another process). However, a material will not satisfy this condition if distinct components of the material are recovered as separate end products (as when metals are recovered from metal-containing secondary materials); or (ii) Employed in a particular function or application as an effective substitute for a commercial product (for example, spent pickle liquor used as phosphorous precipitant and sludge conditioner in wastewater treatment). [*** Remaining part text omitted***] [***Remaining section text omitted***] §261.2: Definition of solid waste. View Resources | Go to e-CFR | Return to: CFR Index | Subtopic View | Main Index [***Preceding section text omitted***] (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 CFR View - 40 CFR 261.1(c) and 261.2(e) 7 ------- RCK 4 Definition of Solid Waste Compendium - Volume M: Use/Reuse §261.2: Definition of solid waste. (cont.) View Resources | Go to e-CFR | Return to: CFR Index | Subtopic View | Main Index (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. [***Remaining section text omitted***\ ***End of Use/Reuse CFR Excerpts*** CFR View - 40 CFR 261.2(e)(cont.) 8 ------- RCK 4 Definition of Solid Waste Compendium - Volume M: Use/Reuse 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 9 ------- |