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EPA530-R-07-003
February 2008
Version 1

Definition of Solid Waste Compendium

Volume K: Commercial Chemical Products

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


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RCK 4 Definition of Solid Waste Compendium - Volume K: Commercial Chemical Products

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i


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RCRA Definition of Solid Waste Compendium - Volume K: Commercial Chemical Products

Main Index

Volume K: Commercial Chemical Products

Navigation Tips	i

Main Index	ii

Introduction	iii

Sub topic View	1

Resources by Subtopic	2

CFR View Index	5

Glossary of Acronyms	10

Compendium Volumes

Volume

A

B

C

D

E

F

G

H

I

J

K

L

M

N

O

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


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RCK 4 Definition of Solid Waste Compendium - Volume K: Commercial Chemical Products

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


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RCK 4 Definition of Solid Waste Compendium - Volume K: Commercial Chemical Products

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 Commercial Chemical Products Volume

This volume of the Compendium references resources pertaining to the regulation
of commercial chemical products under the Definition of Solid Waste regulations, as
provided at 40 CFR 261.2(c). The commercial chemical products referenced in the
Definition of Solid Waste regulations are those listed at 40 CFR 261.33.

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 commercial chemical products
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.

Introduction

iv


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RCK 4 Definition of Solid Waste Compendium - Volume K: Commercial Chemical Products

This reference document does not provide guidance on solid waste or hazardous
waste regulations beyond issues concerning commercial chemical products as they relate
to the 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


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RCK 4 Definition of Solid Waste Compendium - Volume K: Commercial Chemical Products

Subtopic View

Return to: CFR View (CFR text) | Main Index

Commercial Chemical Products [§§261.2(c), 261.33]

Resource Index:

•	Resources applicable to all subtopics

•	Resources specific to subtopic:

o

Mixtures

o

Off-specification CCP

o

Unlisted CCP

o

Unused CCP

o

Other

Subtopic View

1


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RCK 4 Definition of Solid Waste Compendium - Volume K: Commercial Chemical Products

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.

48 FR 14347 - Amendments to Definition of
Solid Waste (Proposed) [pp. 14476,14485]

4/4/1983

Federal
Register

Yes

N/A

PDF



2.

50 FR 614 - Amendments to Definition of Solid
Waste (Final) [pp. 618, 629]

1/4/1985

Federal
Register

Yes

N/A

PDF



3.

50 FR 14216 - Amendments to Definition of
Solid Waste (Technical Corrections) [p. 14219]

4/11/1985

Federal
Register

Yes

N/A

PDF



4.

§261.2(c) - Definition of solid waste

N/A

Code of
Federal
Regulations

Yes

N/A

e-CFR



5.

§261.33 - Discarded commercial chemical
products, off-specification species, container
residues, and spill residues thereof

N/A

Code of
Federal
Regulations

Yes

N/A

e-CFR





Return to: Subtopic View I

CFR View (CFR text) I Main Index







Mixtures

1.

COMMERCIAL CHEMICAL PRODUCTS,
RECYCLING A MIXTURE OF

4/28/1986

Memo

Yes

Summarv

PDF



2.

REGULATORY STATUS OF PETROLEUM-
WATER MIXTURES

6/14/1991

Letter

No

Summary

PDF





Return to: Subtopic View I

CFR View (CFR text) I Main Index







Off-

specification
CCP

1.

REGULATORY STATUS OF CONTAMINATED
TORPEDO PROPULSION FUEL DESTINED
FOR RECLAMATION

8/9/1985

Letter

Yes

Summary

PDF



2.

OFF-SPECIFICATION JET FUEL BURNED AS
KEROSENE FUEL

3/8/1986

Letter

Yes

Summary

PDF



3.

BURNING CHARACTERISTIC OFF-
SPECIFICATION PETROLEUM PRODUCTS
FOR ENERGY RECOVERY

12/23/1986

Letter

No

Summary

PDF



4.

OFF-SPECIFICATION JET FUELS,
RECYCLING OF UNUSED

7/31/1989

Letter

Yes

Summary

PDF

Resources	2


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RCK4 Definition of Solid Waste Compendium - Volume K: Commercial Chemical Products

Subtopic

Resource

Document
Date

Type

Topic is
Focus?

Link to EPA
Summary

Link to
Resource

5.

REGULATORY STATUS OF OFF-
SPECIFICATION CIRCUIT PRINTING
BOARDS

8/1/1991

Q & A

Yes

Summary

PDF

6.

REGULATORY STATUS OF UNDEPLOYED
AUTOMOTIVE AIRBAG INFLATORS

4/23/1992

Letter

Yes

Summary

PDF

7.

CLARIFICATION OF HOW RCRA
REGULATIONS APPLY TO OFF-
SPECIFICATION FUELS THAT ARE BEING
BURNED FOR ENERGY RECOVERY

7/11/1994

Letter

Yes

Summary

PDF

8.

REGULATORY STATUS OF RESIDUAL
AVIATION FUELS THAT ARE BURNED FOR
ENERGY RECOVERY

2/6/1995

Letter

Yes

Summary

PDF

9.

CLASSIFICATION OF SPILLED TOLUENE AS
U220 HAZARDOUS WASTE

1/6/1998

Letter

Yes

Summary

PDF

10.

REGULATORY STATUS OF PETROLEUM
PRODUCT CONTAINED IN ABSORBENT
PADS

2/19/1999

Letter

Yes

Summary

PDF



Return to: Subtopic View I

CFR View (CFR text) I Main Index







Unlisted CCP

1.

STATUS OF UNLISTED COMMERCIAL
CHEMICAL PRODUCTS WHEN RECYCLED

2/23/1993

Letter

Yes

Summary

PDF

2.

DEFINITION OF COMMERCIAL CHEMICAL
PRODUCT FOR SOLID WASTE
DETERMINATION VS. HAZARDOUS WASTE
IDENTIFICATION

8/1/1996

Q & A

Yes

Summary

PDF

3.

RECYCLING OF PETROLEUM VAPORS AND
LIQUID CONDENSATE FROM PETROLEUM
PRODUCT STORAGE TERMINALS

7/24/2001

Letter

No

Summary

PDF



Return to: Subtopic View I

CFR View (CFR text) I Main Index







Unused CCP

1.

DEFINITION OF SOLID WASTE AND
RECLAMATION

8/1/1987

Q & A

Yes

Summary

PDF

2.

EXPORT FROM JAPAN OF PHOSPHORUS
OXYCHLORIDE CONTAINING BUBBLERS

9/14/1994

Letter

No

Summary

PDF

3.

BUBBLER CANISTERS CONTAINING
PHOSPHOROUS OXYCHLORIDE ARE NOT
WASTE WHEN RETURNED TO THE UNITED
STATES FROM JAPAN FOR REGENERATION

12/16/1994

Letter

Yes

Summary

PDF

4.

RECLAMATION OF FLUORESCENT LAMPS

4/12/1999

Letter

No

Summary

PDF

Resources

3


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RCK 4 Definition of Solid Waste Compendium - Volume K: Commercial Chemical Products

Subtopic

Resource

Document
Date

Type

Topic is
Focus?

Link to EPA
Summary

Link to
Resource



5.

SAFE DELIVERY SYSTEMS (SDS) GAS
CYLINDERS

2/13/2007

Letter

Yes

Summarv

PDF





Return to: Subtopic View I

CFR View (CFR text) I Main Index







Other

1.

REGULATORY STATUS OF RECOVERED
PETROLEUM PRODUCT

11/25/1992

Letter

No

Summary

PDF



2.

SOLID WASTE DETERMINATION FOR
SPILLED COMMERCIAL CHEMICAL
PRODUCTS

5/1/1995

Q & A

No

Summary

PDF



3.

REGULATORY STATUS OF CRUDE SULFATE
TURPENTINE (CST) UNDER RCRA

8/8/2002

Letter

No

Summary

PDF





Return to: Subtopic View I

CFR View (CFR text) I Main Index







Resources

4


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RCK 4 Definition of Solid Waste Compendium - Volume K: Commercial Chemical Products

CFR View Index

Return to: Main Index

NOTE: The CFR links in the below index are internal to this document.

CFR Location

Title/Topic

261.2

Definition of solid waste

261.2(c)

Materials are solid wastes if they are recycled —or
accumulated, stored, or treated before recycling—as specified
in paragraphs (c)(1) through (4) of this section.

261.33

Discarded commercial chemical products, off-specification
species, container residues, and spill residues thereof.

CFR View - Index

5


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RCK 4 Definition of Solid Waste Compendium - Volume K: Commercial Chemical Products

CFR View

Return to: Main Index
NOTE: The CFR language outline has been formatted
§261.2: Definition of solid waste.

View Resources | Go to e-CFR | Return to: CFR Index | Subtopic View | Main Index

[* **1*receding section text omitted***]

(c) Materials are solid wastes if they are recycled —or accumulated, stored, or treated before
recycling—as specified in paragraphs (c)(1) through (4) of this section.

(1)	Used in a manner constituting disposal.

(i)	Materials noted with a 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 §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 a 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 §261.33 are not solid wastes
if they are themselves fuels.

(3)	Reclaimed. Materials noted with a in column 3 of Table 1 are solid wastes when
reclaimed (except as provided under §261.4(a)(17)). Materials noted with a "—"in
column 3 of Table 1 are not solid wastes when reclaimed.

CFR View - 40 CFR 261.2(c)

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RCK 4 Definition of Solid Waste Compendium - Volume K: Commercial Chemical Products

§261.2: Definition of solid waste (cont.).

View Resources | Go to e-CFR | Return to: CFR Index | Subtopic View | Main Index

(4) Accumulated speculatively. Materials noted with a in column 4 of Table 1 are
solid wastes when accumulated speculatively.



Use
constituting

disposal
(§261.2(c)(l))

Energy
recovery/ fuel
(§261.2(c)(2))

Reclamation
(§261.2(c)(3))
(except as provided
in 261.4(a)(17) for
mineral processing
secondary
materials)

Speculative
accumulation
(§261.2(c)(4))

Spent Materials

(*)

(*)

(*)

(*)

Sludges (listed
in 40 CFR Part

261.31	or

261.32

(*)

(*)

(*)

(*)

Sludges
exhibiting a
characteristic of
hazardous waste

(*)

(*)

—

(*)

By-products
(listed in 40
CFR 261.31 or
261.32)

(*)

(*)

(*)

(*)

By-products
exhibiting a
characteristic of
hazardous waste

(*)

(*)

—

(*)

Commercial
chemical
products listed
in 40 CFR

261.33

(*)

(*)

—

—

Scrap metal
other than
excluded scrap
metal (see
261.1(c)(9))

(*)

(*)

(*)

(*)

Note: The terms "spent materials," "sludges," "by-products," and "scrap metal" and
"processed scrap metal" are defined in §261.1.

CFR View - 40 CFR 261.2(c){cont)

1


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RCK 4 Definition of Solid Waste Compendium - Volume K: Commercial Chemical Products

§261.33: Discarded commercial chemical products, off-specification species, container
residues, and spill residues thereof.

View Resources | Go to e-CFR | Return to: CFR Index | Subtopic View | Main Index

The following materials or items are hazardous wastes if and when they are discarded or
intended to be discarded as described in §261.2(a)(2)(i), when they are mixed with waste oil or
used oil or other material and applied to the land for dust suppression or road treatment, when
they are otherwise applied to the land in lieu of their original intended use or when they are
contained in products that are applied to the land in lieu of their original intended use, or when,
in lieu of their original intended use, they are produced for use as (or as a component of) a fuel,
distributed for use as a fuel, or burned as a fuel.

(a)	Any commercial chemical product, or manufacturing chemical intermediate having
the generic name listed in paragraph (e) or (f) of this section.

(b)	Any off-specification commercial chemical product or manufacturing chemical
intermediate which, if it met specifications, would have the generic name listed in
paragraph (e) or (f) of this section.

(c)	Any residue remaining in a container or in an inner liner removed from a container
that has held any commercial chemical product or manufacturing chemical intermediate
having the generic name listed in paragraphs (e) or (f) of this section, unless the container
is empty as defined in §261.7(b) of this chapter.

[Comment: Unless the residue is being beneficially used or reused, or legitimately
recycled or reclaimed; or being accumulated, stored, transported or treated prior to such
use, re-use, recycling or reclamation, EPA considers the residue to be intended for
discard, and thus, a hazardous waste. An example of a legitimate re-use of the residue
would be where the residue remains in the container and the container is used to hold the
same commercial chemical product or manufacturing chemical intermediate it previously
held. An example of the discard of the residue would be where the drum is sent to a drum
reconditioner who reconditions the drum but discards the residue.]

(d)	Any residue or contaminated soil, water or other debris resulting from the cleanup of
a spill into or on any land or water of any commercial chemical product or manufacturing
chemical intermediate having the generic name listed in paragraph (e) or (f) of this
section, or any residue or contaminated soil, water or other debris resulting from the
cleanup of a spill, into or on any land or water, of any off-specification chemical product
and manufacturing chemical intermediate which, if it met specifications, would have the
generic name listed in paragraph (e) or (f) of this section.

CFR View - 40 CFR 261.33(a)-(d)

8


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RCK 4 Definition of Solid Waste Compendium - Volume K: Commercial Chemical Products

§261.33: Discarded commercial chemical products, off-specification species, container
residues, and spill residues thereof (cont.).

View Resources | Go to e-CFR | Return to: CFR Index | Subtopic View | Main Index

[Comment: The phrase "commercial chemical product or manufacturing chemical
intermediate having the generic name listed in . . refers to a chemical substance which
is manufactured or formulated for commercial or manufacturing use which consists of the
commercially pure grade of the chemical, any technical grades of the chemical that are
produced or marketed, and all formulations in which the chemical is the sole active
ingredient. It does not refer to a material, such as a manufacturing process waste, that
contains any of the substances listed in paragraph (e) or (f). Where a manufacturing
process waste is deemed to be a hazardous waste because it contains a substance listed in
paragraph (e) or (f), such waste will be listed in either §261.31 or §261.32 or will be
identified as a hazardous waste by the characteristics set forth in subpart C of this part.]

(e)	The commercial chemical products, manufacturing chemical intermediates or off-
specification commercial chemical products or manufacturing chemical intermediates
referred to in paragraphs (a) through (d) of this section, are identified as acute hazardous
wastes (H) and are subject to the small quantity exclusion defined in §261.5(e).

\***Comment and list of hazardous wastes omitted (see e-CFR for this information)***\

(f)	The commercial chemical products, manufacturing chemical intermediates, or off-
specification commercial chemical products referred to in paragraphs (a) through (d) of
this section, are identified as toxic wastes (T), unless otherwise designated and are
subject to the small quantity generator exclusion defined in §261.5 (a) and (g).

\***Comment and list of hazardous wastes omitted (see e-CFR for this information)***\
View Resources | Go to e-CFR | Return to: CFR Index | Subtopic View | Main Index

***End of Commercial Chemical Products CFR Excerpts ***

CFR View - 40 CFR 261.33(d)(«w£)-(f)

9


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RCK 4 Definition of Solid Waste Compendium - Volume K: Commercial Chemical Products

Glossary of Acronyms

Return to: Main Index

Acronym

Meaning

CCP

Commercial Chemical Products

CFR

Code of Federal Regulations

CST

Crude Sulfate Turpentine

e-CFR

electronic Code of Federal Regulations

EPA

Environmental Protection Agency

FR

Federal Register

RCRA

Resource Conservation and Recovery Act

SDS

Safe Delivery Systems

Glossary of Acronyms

10


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