^£Dsr% £ (Ql ^ % wj EPA530-R-07-003 February 2008 Version 1 Definition of Solid Waste Compendium Volume A: Exclusions 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 A: Exclusions 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 A: Exclusions Main Index Volume A: Exclusions Navigation Tips i Introduction iii Topic View 1 Topic View - Subtopics 3 Resources by Topic & Subtopic 9 CFR View 43 Glossary of Acronyms 56 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 A: Exclusions 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 A: Exclusions 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 Exclusions Volume This volume of the Compendium references resources pertaining to specific exclusions from the current Definition of Solid Waste. These exclusions are located in Title 40 of the CFR at Part 261.4. Specifically, the referenced exclusions are those at 261.4(a) and 261 4(b)(13). This document is organized into three main sections: Topic View - lists topics and subtopics Resources - lists resources for a topic or subtopic CFR View - CFR language we've reformatted for easy reading The Topic View section lists the exclusions and their subtopics. The Resources section is comprised of tables, arranged by exclusion topics and subtopics, which provide basic details about and a hyperlink to each resource. The CFR View section provides reformatted versions of the relevant CFR language by topic. 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 for the respective topic, as well as each section beginning. Please see the "Navigation Tips" section for document navigation guidance. Introduction iv ------- RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions This reference document does not provide guidance on solid waste or hazardous waste regulations of beyond determining whether materials are excluded from 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 ------- RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions Topic View Return to: Main Index A. Resources Applicable to All Exclusions B. Specific Exclusions Exclusions at §261.4(a) 1. Domestic sewage (Publicly Owned Treatment Works (POTW) exclusion) [§261.4(a)(1)] Show Subtopic Outline | CFR View (CFR text) 2. Industrial wastewater point source discharges [§261.4(a)(2)] Show Subtopic Outline | CFR View (CFR text) 3. Irrigation return flows [§261.4(a)(3)] Show Subtopic Outline | CFR View (CFR text) 4. Source, special nuclear, or by-product material as defined by the Atomic Energy Act [§261.4(a)(4)] Show Subtopic Outline | CFR View (CFR text) 5. Materials subject to in-situ mining techniques [§261.4(a)(5)] Show Subtopic Outline | CFR View (CFR text) 6. Pulping liquors [§261.4(a)(6)] Show Subtopic Outline | CFR View (CFR text) 7. Spent sulfuric acid [§261.4(a)(7)] Show Subtopic Outline | CFR View (CFR text) 8. Reclaimed secondary materials [(§261.4(a)(8)] Show Subtopic Outline | CFR View (CFR text) 9. Wood preserving wastes and drip pads [§261.4(a)(9)] [drip pad definition from §260.10] Show Subtopic Outline I CFR View (CFR text) 10. Coke by-products wastes [§261.4(a)(10)] Show Subtopic Outline | CFR View (CFR text) Topic View 1 ------- RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions 11. Nonwastewater splash condenser dross residue from the treatment of K061 [§261.4(a)(l 1)] Show Subtopic Outline | CFR View (CFR text) 12. Petroleum refinery wastes [§261.4(a)(12)] Show Subtopic Outline | CFR View (CFR text) 13. Scrap metal [§261.4(a)(13)] Show Subtopic Outline | CFR View (CFR text) 14. Shredded circuit boards being recycled [§261,4(a)(14)] Show Subtopic Outline | CFR View (CFR text) 15. Condensates from kraft mill steam strippers [§261.4(a)(15)] Show Subtopic Outline | CFR View (CFR text) 16. Comparable fuels or comparable syngas fuels [§261.4(a)(16)] Show Subtopic Outline | CFR View (CFR text) 17. Spent materials from the primary minerals processing industry for recovery or beneficiation [§261.4(a)(17)] Show Subtopic Outline | CFR View (CFR text) 18. Petrochemical recovered oil [§261,4(a)(18)] Show Subtopic Outline | CFR View (CFR text) 19. Spent caustic solutions from petroleum refining liquid treating processes used as a feedstock to produce cresylic or naphthenic acid [§261,4(a)(19)] Show Subtopic Outline | CFR View (CFR text) 20. Hazardous secondary materials used to make zinc fertilizers [§261.4(a)(20)] Show Subtopic Outline | CFR View (CFR text) 21. Zinc fertilizers made from hazardous wastes or hazardous secondary materials [§261.4(a)(20) and 261.4(a)(21)] Show Subtopic Outline | CFR View (CFR text) 22. Used cathode ray tubes (CRTs) [§261.4(a)(22)] Show Subtopic Outline | CFR View (CFR text) Exclusions at §261.4(b) 23. Used oil filters [§261.4(b)(13)] Show Subtopic Outline | CFR View (CFR text) Topic View 2 ------- RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions Topic View - Subtopics Return to: Main Index A. Resources Applicable to All Exclusions B. Specific Exclusions Exclusions at §261.4(a) 1. Domestic sewage (Publicly Owned Treatment Works (POTW) exclusion) [§261.4(a)(1)] Y Close Subtopic Outline | CFR View (CFR text) Resource Index: All resources for this exclusion Resources applicable to all subtopics Resources specific to subtopic: o Characteristic wastes o Disposal of specific wastes o Mode of conveyance to POTW o Sludges o Other 2. Industrial wastewater point source discharges [§261.4(a)(2)] Y Close Subtopic Outline | CFR View (CFR text) Resource Index: All resources for this exclusion Resources applicable to all subtopics Resources specific to subtopic: o Clean Water Act o Contaminated sediment o Ground water 3. Irrigation return flows [§261.4(a)(3)] Y Close Subtopic Outline | CFR View (CFR text) Resource Index: All resources for this exclusion Resources applicable to all subtopics Resources specific to subtopic: o No subtopics Topic View Subtopics 3 ------- RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions 4. Source, special nuclear, or by-product material as defined by the Atomic Energy Act [§261.4(a)(4)] Y Close Subtopic Outline | CFR View (CFR text) Resource Index: All resources for this exclusion Resources applicable to all subtopics Resources specific to subtopic: o By-product material o Radioactive mixed waste o Specific wastes 5. Materials subject to in-situ mining techniques [§261.4(a)(5)] Y Close Subtopic Outline | CFR View (CFR text) Resource Index: All resources for this exclusion Resources applicable to all subtopics Resources specific to subtopic: o No subtopics 6. Pulping liquors [§261.4(a)(6)] Y Close Subtopic Outline | CFR View (CFR text) Resource Index: All resources for this exclusion Resources applicable to all subtopics Resources specific to subtopic: o No subtopics 7. Spent sulfuric acid [§261.4(a)(7)] Y Close Subtopic Outline I CFR View (CFR text) Resource Index: All resources for this exclusion Resources applicable to all subtopics Resources specific to subtopic: o Other Topic View Subtopics 4 ------- RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions 8. Reclaimed secondary materials [§261.4(a)(8)] Y Close Subtopic Outline | CFR View (CFR text) Resource Index: All resources for this exclusion Resources applicable to all subtopics Resources specific to subtopic: o Closed-loop recycling o Other 9. Wood preserving wastes and drip pads [§261.4(a)(9); drip pad definition from §260.10] Y Close Subtopic Outline | CFR View (CFR text) Resource Index: All resources for this exclusion Resources applicable to all subtopics Resources specific to subtopic: o Other 10. Coke by-products wastes [(§261.4(a)(10)] Y Close Subtopic Outline | CFR View (CFR text) Resource Index: All resources for this exclusion Resources applicable to all subtopics Resources specific to subtopic: o Gasifier/syngas o Other 11. Nonwastewater splash condenser dross residue from the treatment of K061 [§261.4(a)(l 1)] Y Close Subtopic Outline | CFR View (CFR text) Resource Index: All resources for this exclusion Resources applicable to all subtopics Resources specific to subtopic: o Other Topic View Subtopics 5 ------- RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions 12. Petroleum refinery wastes [§261.4(a)(12)] Y Close Subtopic Outline | CFR View (CFR text) Resource Index: All resources for this exclusion Resources applicable to all subtopics Resources specific to subtopic: o Closed-loop exemption o Emulsions materials o Petroleum coke o Recovered oil o Wastewater treatment and Wastewater Treatment Units (WWTUs) o Other 13. Scrap metal [§261.4(a)(13)] Y Close Subtopic Outline | CFR View (CFR text) Resource Index: All resources for this exclusion Resources applicable to all subtopics Resources specific to subtopic: o Aerosol cans o Lead o Processed scrap o Solder o Used oil filters o Other 14. Shredded circuit boards being recycled [§261,4(a)(14)] f Close Subtopic Outline I CFR View (CFR text) Resource Index: All resources for this exclusion Resources applicable to all subtopics Resources specific to subtopic: o Scrap metal o Other 15. Condensates from kraft mill steam strippers [§261.4(a)(15)] Y Close Subtopic Outline | CFR View (CFR text) Resource Index: All resources for this exclusion Resources applicable to all subtopics Resources specific to subtopic: o No subtopics Topic View Subtopics 6 ------- RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions 16. Comparable fuels or comparable syngas fuels [§261.4(a)(16)] Y Close Subtopic Outline | CFR View (CFR text) Resource Index: All resources for this exclusion Resources applicable to all subtopics Resources specific to subtopic: o Gasifier/syngas o Other 17. Spent materials from the primary minerals processing industry for recovery or beneficiation [§261.4(a)(17)] Y Close Subtopic Outline | CFR View (CFR text) Resource Index: All resources for this exclusion Resources applicable to all subtopics Resources specific to subtopic: o No subtopics 18. Petrochemical recovered oil [§261,4(a)(18)] Y Close Subtopic Outline I CFR View (CFR text) Resource Index: All resources for this exclusion Resources applicable to all subtopics Resources specific to subtopic: o No subtopics 19. Spent caustic solutions from petroleum refining liquid treating processes used as a feedstock to produce cresylic or naphthenic acid [§261,4(a)(19)] Y Close Subtopic Outline I CFR View (CFR text) Resource Index: All resources for this exclusion Resources applicable to all subtopics Resources specific to subtopic: o No subtopics Topic View Subtopics 7 ------- RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions 20. Hazardous secondary materials used to make zinc fertilizers [§261.4(a)(20)] Y Close Subtopic Outline | CFR View (CFR text) Resource Index: All resources for this exclusion Resources applicable to all subtopics Resources specific to subtopic: o Other 21. Zinc fertilizers made from hazardous wastes or hazardous secondary materials [§261.4(a)(20) and 261.4(a)(21)] Y Close Subtopic Outline | CFR View (CFR text) Resource Index: All resources for this exclusion Resources applicable to all subtopics Resources specific to subtopic: o Other 22. Used cathode ray tubes (CRTs) [§261.4(a)(22)] Y Close Subtopic Outline | CFR View (CFR text) Resource Index: All resources for this exclusion Resources applicable to all subtopics Resources specific to subtopic: o No subtopics Exclusions at §261.4(b) 23. Used oil filters [§261.4(b)(13)] Y Close Subtopic Outline | CFR View (CFR text) Resource Index: All resources for this exclusion Resources applicable to all subtopics Resources specific to subtopic: o No subtopics Topic View Subtopics 8 ------- RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions Resources by Topic & Subtopic Resources Applicable to All Exclusions Return to: Topic View | CFR View (CFR text) | Main Index Subtopic Resource Document Date Type Topic is Focus? Link to EPA Summary Link to Resource N/A 1. 45 FR 33066 - Hazardous Waste Management System (Interim Final) [pp. 33096-33102] 5/19/1980 Federal Register Yes N/A PDF 2. 50 FR 614 - Amendments to Definition of Solid Waste (Final) [pp. 641-642] 1/4/1985 See Also: Federal Register Yes N/A PDF 3. 40 CFR §260.10-Definitions N/A Code of Federal Regulations No N/A e-CFR 4. 40 CFR §261.2 - Definition of solid waste N/A Code of Federal Regulations No N/A e-CFR 5. 40 CFR §261.3 - Definition of hazardous waste N/A Code of Federal Regulations No N/A e-CFR Return to: Topic View I CFR View (CFR text) I Main Index Resources Resources applicable to all Exclusions 9 ------- RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions 1. Domestic sewage (POTW exclusion) Return to: Topic 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. 45 FR 33066 - Hazardous Waste Management System (Interim Final) [p. 33097] 5/19/1980 Federal Register Yes N/A PDF 2. 53 FR 47632 - The National Pollutant Discharge Elimination System (Proposed) [pp. 47632-33] 11/23/1988 Federal Register Yes N/A PDF 3. 55 FR 22520 - Land Disposal Restrictions for Third Scheduled Wastes (Final) [p. 22660] 6/1/1990 Federal Register Yes N/A PDF Return to: Topic View I CFR View (CFR text) I Main Index Characteristic wastes 1. RCRA APPLICABILITY TO POTASSIUM PERMANGANATE AND MANGANESE DISPOSAL 7/12/1991 Letter No Summarv PDF 2. TOTAL WASTE ANALYSIS ON POTW BIOSOLIDS AND CERCLA LIABILITY 5/25/2000 Letter No Summary PDF Return to: Topic View I CFR View (CFR text) I Main Index Disposal of specific wastes 1. BATTERIES, WASTE ELECTROLYTE FROM RECHARGEABLE NICKEL-CADMIUM 5/15/1985 Letter No Summary PDF 2. SILVER IN WASTES AND IN SEWER DISCHARGES FROM THE PHOTO-FINISHING INDUSTRY 6/26/1986 Letter No Summary PDF 3. MIXED RADIOACTIVE HOSPITAL WASTES AND THE DOMESTIC SEWAGE EXCLUSION 12/19/1986 Letter No Summary PDF 4. DOMESTIC SEWAGE EXCLUSION 6/10/1987 Letter No Summary PDF 5. PROPER DISPOSAL OF OLD MEDICATIONS 11/28/1990 Letter No Summary PDF 6. REGULATORY STATUS AND MANAGEMENT OF DISPOSABLE AND LAUNDERABLE INDUSTRIAL RAGS AND WIPERS 9/27/1993 Letter No Summary PDF Return to: Topic View I CFR View (CFR text) I Main Index Resources Domestic sewage 10 ------- RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions Subtopic Resource Document Date Type Topic is Focus? Link to EPA Summary Link to Resource Mode of conveyance to 1. MANAGEMENT OF WASTES PRIOR TO INTRODUCTION INTO SEWER 9/25/1986 Memo No Summary PDF POTW 2. TRUCK OR RAIL SHIPMENTS OF A HAZARDOUS WASTE TO A POTW 12/12/1986 Memo Yes Summary PDF 3. DOMESTIC SEWAGE EXCLUSION 6/10/1987 Q & A Yes Summary PDF 4. DOMESTIC SEWAGE SLUDGE EXCLUSION 2/12/1990 Letter Yes Summary PDF Return to: Topic View I CFR View (CFR text) I Main Index Sludges 1. DOMESTIC SEWAGE EXCLUSION 6/10/1987 Q & A Yes Summary PDF 2. DOMESTIC SEWAGE SLUDGE EXCLUSION 2/12/1990 Letter Yes Summary PDF 3. SCOPE OF THE F006 LISTING 6/7/1991 Letter No Summary PDF 4. RCRA APPLICABILITY TO POTASSIUM PERMANGANATE AND MANGANESE DISPOSAL 7/12/1991 Letter No Summary PDF 5. LDR NOTIFICATION REQUIREMENTS FOR WASTEWATERS AND SLUDGES 5/1/1997 Letter No Summary PDF 6. PLACEMENT OF SEWAGE SLUDGE ON FARMS 3/28/2000 Letter Yes Summary PDF Return to: ToDic View I CFR View (CFR text) I Main Index Other 1. PRIVATELY OWNED SEWERS AND WASTEWATER TREATMENT UNITS WHICH DISCHARGE TO A POTW 10/1/1982 Q & A Yes Summary PDF 2. TOTALLY ENCLOSED TREATMENT FACILITY, REGULATORY CLARIFICATION OF 2/18/1983 Letter No Summary PDF 3. APPLICABILITY OF THE DOMESTIC SEWAGE EXCLUSION 3/10/1997 Letter Yes Summary PDF 4. APPLICABILITY OF THE DOMESTIC SEWAGE EXCLUSION TO FOTWS 1/1/1998 Q & A Yes Summary PDF Return to: Topic View I CFR View (CFR text) I Main Index Resources Domestic sewage 11 ------- RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions 2. Industrial wastewater point source discharges Return to: Topic 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. 45 FR 33066 - Hazardous Waste Management System (Interim Final) [p. 33098] 5/19/1980 Federal Register Yes N/A PDF 2. APPLICABILITY OF THE §261.4(A)(2) EXCLUSIONS 10/1/1987 Q & A Yes Summarv PDF 3. EXEMPTION FOR WASTEWATER DISCHARGES AND GENERATOR ACCUMULATION PROVISIONS 12/10/1987 Letter Yes Summary PDF 4. INTERPRETATION OF INDUSTRIAL WASTEWATER DISCHARGE EXCLUSION FROM THE DEFINITION OF SOLID WASTE 2/17/1995 Memo Yes Summary PDF Return to: Topic View I CFR View (CFR text) I Main Index Clean Water Act (CWA) 1. APPLICABILITY OF THE §261.4(A)(2) EXCLUSIONS 10/1/1987 Q & A Yes Summary PDF 2. PERMIT REQUIREMENTS FOR ZERO WASTEWATER TREATMENT SYSTEM 3/20/1989 Letter No Summary PDF 3. DREDGE SEDIMENTS 8/11/1989 Memo No Summary PDF 4. RCRA APPLICABILITY TO POTASSIUM PERMANGANATE AND MANGANESE DISPOSAL 7/12/1991 Letter Yes Summary PDF 5. EXEMPTION FROM PERMITTING REQUIREMENTS FOR WASTE WATER TREATMENT UNITS 1/16/1992 Letter Yes Summary PDF Return to: Topic View | CFR View (CFR text) | Main Index Resources Industrial wastewater point source discharges 12 ------- RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions Subtopic Resource Document Date Type Topic is Focus? Link to EPA Summary Link to Resource Contaminated Sediment 1. LEAKS, SPILLS, AND ILLEGAL DISCHARGES OF LISTED WASTES TO SURFACE WATERS, MIXTURE RULE APPLIED TO 1/23/1986 Memo No Summary PDF 2. DREDGE SEDIMENTS 8/11/1989 Memo No Summary PDF Return to: Topic View I CFR View (CFR text) I Main Index Ground water 1. EXEMPTION FOR WASTEWATER DISCHARGES AND GENERATOR ACCUMULATION PROVISIONS 2/10/1987 Letter No Summary PDF 2. INTERPRETATION OF INDUSTRIAL WASTEWATER DISCHARGE EXCLUSION FROM THE DEFINITION OF SOLID WASTE 2/17/1995 Memo Yes Summary PDF Return to: Topic View | CFR View (CFR text) | Main Index Resources Industrial wastewater point source discharges 13 ------- RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions 3. Irrigation return flows Return to: Topic 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. 45 FR 33066 - Hazardous Waste Management System (Interim Final) [p. 33098] Return to: Topic View I 5/19/1980 CFR View (CFR text) Federal Register I Main Index Yes N/A PDF Resources Irrigation return flows 14 ------- RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions 4. Source, special nuclear, or by-product material as defined by the Atomic Energy Act Return to: Topic 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. 45 FR 33066 - Hazardous Waste Management System (Interim Final) [p. 33098] 5/19/1980 Federal Register Yes N/A PDF Return to: ToDic View I CFR View (CFR text) I Main Index By-product material 1. BYPRODUCT MATERIAL AND MIXED WASTE, AEA AND DOE INTERFACE 6/2/1986 Memo No Summary PDF 2. DISPOSAL OF SPENT HOUSEHOLD SMOKE DETECTORS 12/5/2000 Letter Yes Summary PDF Return to: Topic View I CFR View (CFR text) I Main Index Radioactive mixed waste 1. MIXED WASTE (DOE FACILITIES), DEFINITION OF 5/10/1985 Letter Yes Summary PDF 2. JURISDICTION AND REGULATION OF MIXED WASTE MANAGEMENT INCLUDING INCINERATION AND LOCATION CRITERIA 7/3/1986 Letter Yes Summary PDF 3. MIXED WASTE STATUS OF NATURALLY RADIOACTIVE MATERIALS (NORM) 9/1/1998 Q & A Yes Summary PDF Return to: Topic View I CFR View (CFR text) I Main Index Specific wastes 1. MIXED WASTE (DOE FACILITIES), DEFINITION OF 11/22/1993 Letter Yes Summary PDF 2. DISPOSAL OF SPENT HOUSEHOLD SMOKE DETECTORS 12/5/2000 Letter Yes Summary PDF Return to: Topic View I CFR View (CFR text) I Main Index Resources Source, special nuclear, or by-product material as defined by the Atomic Energy Act 15 ------- RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions 5. Materials subject to in-situ mining techniques Return to: Topic View I 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. 45 FR 33066 - Hazardous Waste Management System (Interim Final) [pp. 33099-33101] Return to: Topic View I 5/19/1980 CFR View (CFR text) Federal Register I Main Index Yes N/A PDF Resources Materials subject to in-situ mining techniques 16 ------- RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions 6. Pulping liquors Return to: Topic View | CFR View (CFR text) | Main Index Document Topic is Link to EPA Link to Subtopic Resource Date Type Focus? Summary Resource Resources applicable to all 1. 50 FR 614 - Amendments to Definition of Solid Federal subtopics Waste (Final) [pp. 641-642] 1/4/1985 Register Yes N/A PDF 2. 50 FR 14216 - Amendments to Definition of Solid Federal Waste (Technical Corrections) [p. 14218] 4/11/1985 Register Yes N/A PDF Return to: Topic View | CFR View (CFR text) | Main Index Resources Pulping liquors 17 ------- RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions 7. Spent sulfuric acid Return to: Topic 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) [p. 642] 1/4/1985 Federal Register Yes N/A PDF 2. 60 FR 57747 - Identification and Listing of Hazardous Wastes (Proposed) [p. 57768] 11/20/1995 Federal Register Yes N/A PDF Return to: Topic View I CFR View (CFR text) I Main Index Other 1. SOLID AND HAZARDOUS WASTE, DEFINED FOR SPENT SULFURIC ACID 2/1/1986 Q & A Yes Summary PDF 2. SPENT SULFURIC ACID ACCUMULATED SPECULATIVELY 5/26/1988 Letter Yes Summary PDF 3. SECONDARY MATERIALS REGULATION - USED SULFURIC ACID 6/6/1988 Letter Yes Summary PDF 4. EXCLUSIONS FOR K-WASTES DENIED (LACLEDE STEEL) 9/12/1989 Memo No Summary PDF 5. REGULATORY STATUS OF BURNING SULFUR- CONTAINING SECONDARY MATERIALS TO PRODUCE VIRGIN SULFURIC ACID 5/23/1997 Letter No Summary PDF 6. SPENT SULFURIC ACID EXCLUSION AND USE CONSTITUTING DISPOSAL 6/1/1999 Q & A Yes Summary PDF 7. SCOPE OF THE SPENT SULFURIC ACID EXCLUSION 9/1/2001 Q & A Yes Summary PDF 8. SPENT SULFURIC ACID USED AS FEEDSTOCK 7/21/2004 Letter Yes Summary PDF Return to: Topic View | CFR View (CFR text) | Main Index Resources Spent sulfuric acid 18 ------- RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions 8. Reclaimed secondary materials Return to: Topic 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. 51 FR 25422 - Systems for Hazardous Waste Storage and Treatment Tank Systems (Final) [pp. 25441-25443] 7/14/1986 Federal Register Yes N/A PDF 2. 53 FR 519 - Amendments to Definition of Solid Waste (Proposed) [pp. 525, 527] 1/8/1988 Federal Register Yes N/A PDF 3. 59 FR 47982 - Land Disposal Restrictions Phase II (Final) [pp. 48014-48015] 9/19/1994 Return to: Topic View I CFR View (CFR text) Federal Register I Main Index Yes N/A PDF Closed-loop recycling 1. RECLAMATION OF SPENT ALKALINE ETCHANT-REQUEST FOR VARIANCE UNDER MOD. CLOSED-LOOP PROVISION 10/29/1985 Letter Yes Summarv PDF 2. COUNTING DRY CLEANING INDUSTRY WASTE ONLY AFTER REMOVAL FROM THE PROCESS - SQG RULE 9/8/1986 Letter Yes Summary PDF 3. CLOSED LOOP RECYCLING 12/1/1988 Q & A Yes Summary PDF 4. EXCLUSIONS FOR K-WASTES DENIED (LACLEDE STEEL) 9/12/1989 Memo No Summary PDF 5. CLOSED-LOOP RECYCLING EXCLUSION 2/1/1993 Q & A Yes Summary PDF 6. RECYCLING PETROLEUM REFINERY OILY WASTES; REGULATORY STATUS OF SEPARATION AND RECOVERY SYSTEMS SAREX PROCESS FOR RECYCLING PETROLEUM REFINERY OILY WASTES 3/5/1993 Letter Yes Summary PDF Resources Reclaimed secondary materials 19 ------- RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions Subtopic Resource Document Date Type Topic is Focus? Link to EPA Summary Link to Resource 7. CLARIFICATION OF RCRA REGULATIONS AS THEY APPLY TO THE USE OF PERCHLOROETHYLENE IN DRY-CLEANING PROCESS 6/10/1994 Letter Yes Summarv PDF 8. REGULATORY STATUS OF SOLVENT RECOVERY UNITS 6/3/1997 Letter Yes Summary PDF Return to: Topic View I CFR View (CFR text) I Main Index Other 1. STILL BOTTOM WASTE FROM POLYSTYRENE PRODUCTION 9/1/1987 Memo No Summary PDF 2. RCRA REGULATIONS FOR ELECTRONIC MATERIALS THAT ARE REUSED OR RESOLD 4/1/2003 Q & A No Summary PDF Return to: Topic View | CFR View (CFR text) | Main Index Resources Reclaimed secondary materials 20 ------- RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions 9. Wood preserving wastes and drip pads Return to: Topic 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. 55 FR 50450 - Identification and Listing of Hazardous Waste (Final) [pp. 50459-50461] 12/6/1990 Federal Register Yes N/A PDF 2. 56 FR 30192 - Identification and Listing of Hazardous Waste (Technical Correction) [p. 30192] 7/1/1991 Federal Register Yes N/A PDF 3. 63 FR 28555 - Exclusion of Recycled Wood Preserving Wastewaters (Final) [pp. 28627-28630] 5/26/1998 Federal Register Yes N/A PDF Return to: Topic View I CFR View (CFR text) I Main Index Other 1. ENVIRONMENTAL RELEASES FROM WOOD PRESERVING PLANTS 4/7/1986 Letter Yes Summarv PDF 2. RECLAIMED SPENT WOOD PRESERVATIVE EXCLUSION IN 40 CFR §261.4(A)(9) 12/1/1991 Q & A Yes Summarv PDF 3. RESOLUTION OF RCRA ISSUES RELATING TO THE WOOD PRESERVING INDUSTRY 5/1/1996 Memo No Summary PDF 4. CLARIFICATION OF REQUIREMENTS INVOLVING THE COUNTING OF WOOD PRESERVING WATERS FOR BIENNIAL REPORTING 6/4/1996 Letter No Summary PDF Return to: Topic View I CFR View (CFR text) I Main Index Resources Wood preserving wastes and drip pads 21 ------- RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions 10. Coke by-products wastes including K060, K087, K141-K145, K157 andK148 Return to: Topic 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. 52 FR 16982 - Burning Hazardous Waste in Boilers and Industrial Furnaces (Proposed) [pp. 17019- 17020] 5/6/1987 Federal Register Yes N/A PDF 2. 56 FR 7134 - Burning Hazardous Waste in Boilers and Industrial Furnaces (Final) [pp. 7202-7203] 2/21/1991 Federal Register Yes N/A PDF 3. 56 FR 35758 - Hazardous Waste Management Systems (Proposed) [pp. 35777-35780] 7/26/1991 Federal Register Yes N/A PDF 4. 57 FR 27880 - Hazardous Waste Management System (Final) [pp. 27880-27881, 27883-27886] 6/22/1992 Federal Register Yes N/A PDF 5. 57 FR 37284 - Identification and Listing of Hazardous Waste (Final) [pp. 37284-37285, 37297-37299] 8/18/1992 Federal Register Yes N/A PDF Return to: Topic View I CFR View (CFR text) I Main Index Gasifier/syngas 1. APPLICABILITY OF COKE BY-PRODUCTS EXCLUSION TO COAL GASIFIER 3/26/1999 Letter Yes Summarv PDF Return to: Topic View I CFR View (CFR text) I Main Index Other 1. WASTE-DERIVED FUELS AT IRON AND STEEL MILLS AS PRODUCTS OR WASTE FUELS, INFORMATION REQUIRED 1/24/1986 Letter Yes Summary PDF 2. WASTES GENERATED BY COKE AND COAL TAR PLANTS 7/24/1987 Letter No Summary PDF 3. REGULATORY STATUS OF COAL TAR DISTILLATES 7/9/1992 Letter Yes Summary PDF Resources Coke by-products wastes including K060, K087, K141-K145, K157 and K148 22 ------- RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions Document Topic is Link to EPA Link to Subtopic Resource Date Type Focus? Summary Resource 4. RECYCLING OF COKE BY-PRODUCT RESIDUES 10/29/1992 Letter Yes Summary PDF 5. REGULATORY STATUS OF A DISSOLVED AIR FLOATATION FLOAT STORAGE TANK USED TO FEED MATERIAL INTO A PETROLEUM COKER 11/1/1993 Letter No Summary PDF Return to: Topic View | CFR View (CFR text) | Main Index Resources Coke by-products wastes including K060, K087, K141-K145, K157 and K148 23 ------- RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions 11. Nonwastewater splash condenser dross residue from the treatment of K061 Return to: Topic 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. 56 FR 41164 - Land Disposal Restrictions for Electric Arc Furnace Dust (Final) [pp. 41170- 41174] 8/19/1991 Federal Register Yes N/A PDF Return to: Topic View I CFR View (CFR text) I Main Index Other 1. NEW JERSEY ZINC COMPANY K061 STORAGE PILE 1/25/1988 Memo No Summary PDF Return to: Topic View I CFR View (CFR text) I Main Index Resources Nonwastewater splash condenser dross residue from the treatment of K061 24 ------- RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions 12. Petroleum refinery wastes Return to: Topic 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. 59 FR 38536 - Amendments to Definition of Solid Waste (Final) [pp. 38539-385343] 7/28/1994 Federal Register Yes N/A PDF 2. 60 FR 57747 - Identification and Listing of Hazardous Wastes (Proposed) [pp. 57764, 57766] 11/20/1995 Federal Register Yes N/A PDF 3. 61 FR 13103 - Amendments to Definition of Solid Waste (Final) [pp. 13103-13105] 3/26/1996 Federal Register Yes N/A PDF 4. 63 FR 42110 - Hazardous Waste Management System; Identification and Listing of Hazardous Waste (Final) [pp. 42118,42127-42128] 8/6/1998 Federal Register Yes N/A PDF 5. 67 FR 13684 - Regulation of Hazardous Oil- Bearing Secondary Materials From the Petroleum Refining Industry and Other Hazardous Secondary Materials Processed in a Gasification System To Produce Synthesis Gas (Proposed) 3/25/2002 Federal Register Yes N/A PDF Return to: Topic View I CFR View (CFR text) I Main Index Closed-loop exemption 1. RECYCLING PETROLEUM REFINERY OILY WASTES; REGULATORY STATUS OF SEPARATION AND RECOVERY SYSTEMS SAREX PROCESS FOR RECYCLING PETROLEUM REFINERY OILY WASTES 3/5/1993 Letter Yes Summary PDF Return to: Topic View I CFR View (CFR text) I Main Index Emulsions materials 1. OIL/WATER EMULSIONS GENERATED BY PETROLEUM REFINERY WW SYSTEMS-K049 WASTE 12/7/1984 Memo Yes Summary PDF 2. CLASSIFICATION OF A TANK AS A STORAGE UNIT OR AN OIL RECLAMATION UNIT 2/22/1985 Letter No Summary PDF Return to: Topic View | CFR View (CFR text) | Main Index Resources Petroleum refinery wastes 25 ------- RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions Subtopic Resource Document Date Type Topic is Focus? Link to EPA Summary Link to Resource Petroleum coke 1. K051 AND HSWA; K051 SLUDGE RE-USED ON- SITE, EXEMPTION 7/1/1985 Q & A Yes Summary PDF 2. FINAL RULE EXEMPTING RECOVERED OIL FROM THE DEFINITION OF SOLID WASTE 7/26/1994 Memo No Summary PDF Return to: Topic View I CFR View (CFR text) I Main Index Recovered oil 1. OIL/WATER EMULSIONS GENERATED BY PETROLEUM REFINERY WW SYSTEMS-K049 WASTE 12/7/1984 Memo Yes Summary PDF 2. CLASSIFICATION OF A TANK AS A STORAGE UNIT OR AN OIL RECLAMATION UNIT 2/22/1985 Letter No Summary PDF 3. RECYCLING PETROLEUM REFINERY OILY WASTES; REGULATORY STATUS OF SEPARATION AND RECOVERY SYSTEMS SAREX PROCESS FOR RECYCLING PETROLEUM REFINERY OILY WASTES 3/5/1993 Letter No Summary PDF 4. FINAL RULE EXEMPTING RECOVERED OIL FROM THE DEFINITION OF SOLID WASTE 7/26/1994 Memo No Summary PDF 5. CLARIFICATION AND/OR RECONSIDERATION OF CERTAIN PROVISIONS CONTAINED IN EPA'S FINAL RULE ON RECOVERED OIL 5/3/1995 Letter Yes Summary PDF 6. REEXAMINATION OF PROPOSED EXCLUSION FOR OIL-BEARING RESIDUALS 10/1/1997 Letter Yes Summary PDF 7. RECYCLED ARCTIC GRADE DIESEL 5/2/2001 Memo Yes Summary PDF Return to: Topic View | CFR View (CFR text) | Main Index Resources Petroleum refinery wastes 26 ------- RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions Subtopic Resource Document Date Type Topic is Focus? Link to EPA Summary Link to Resource Wastewater treatment and Wastewater Treatment Units (WWTUs) 1. PETROLEUM REFINING WASTES AND EXEMPTIONS FOR WWTUS 9/20/1990 Letter No Summarv PDF 2. RECYCLING PETROLEUM REFINERY OILY WASTES; REGULATORY STATUS OF SEPARATION AND RECOVERY SYSTEMS SAREX PROCESS FOR RECYCLING PETROLEUM REFINERY OILY WASTES 3/5/1993 Letter No Summary PDF 3. CLARIFICATION AND/OR RECONSIDERATION OF CERTAIN PROVISIONS CONTAINED IN EPA'S FINAL RULE ON RECOVERED OIL 5/3/1995 Letter Yes Summary PDF 4. PETROLEUM REFINERY TANKS AS WASTEWATER TREATMENT UNITS Return to: Topic View I 4/15/1998 CFR View (CFR text) Letter I Main Index Yes Summary PDF Other 1. REGULATORY STATUS OF OIL-BEARING SECONDARY MATERIALS UNDER RCRA Return to: Topic View I 8/19/2003 CFR View (CFR text) Letter I Main Index Yes Summary PDF Resources Petroleum refinery wastes 27 ------- RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions 13. Scrap metal Return to: Topic View | CFR View (CFR text) I 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) [p. 624] 1/4/1985 Federal Register Yes N/A PDF 2. 61 FR 2338 - Land Disposal Restrictions- Supplemental Proposal to Phase IV (Proposed) [pp. 2361-2362] 1/25/1996 Federal Register Yes N/A PDF 3. 62 FR 25998 - Land Disposal RestrictionsPhase IV (Final) [p. 26011] 5/12/1997 Federal Register Yes N/A PDF 4. 63 FR 28555 - Clarification of the RCRA Exclusion of Shredded Circuit Boards (Final) [p. 28629] 5/26/1998 Federal Register Yes N/A PDF 5. APPLICABILITY OF THE TOXICITY CHARACTERISTIC TO USED OIL FILTERS 9/26/1991 Letter Yes Summarv PDF Return to: Topic View I CFR View (CFR text) I Main Index Aerosol cans 1. REGULATORY STATUS OF USED RESIDENTIAL AND COMMERCIAL/INDUSTRIAL AEROSOL CANS 10/7/1993 Letter Yes Summary PDF 2. REGULATORY STATUS OF WASTE AEROSOL CANS 1/4/1994 Letter Yes Summary PDF Return to: Topic View I CFR View (CFR text) I Main Index Lead 1. APPLICATION OF THE SCRAP METAL EXEMPTION TO LEAD FOIL USED IN DENTAL X- RAY PACKAGES 4/29/1993 Letter Yes Summary PDF 2. REGULATORY STATUS OF LEAD SHOT 3/17/1997 Letter Yes Summary PDF Return to: Topic View | CFR View (CFR text) I Main Index Resources Scrap metal 28 ------- RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions Subtopic Resource Document Date Type Topic is Focus? Link to EPA Summary Link to Resource Processed scrap 1. CLARIFICATION OF THE REGULATORY STATUS OF AGGLOMERATED DROSSES 2/13/1998 Letter Yes Summary PDF 2. APPLICABILITY OF EXCLUSION FROM THE DEFINITION OF SOLID WASTE FOR PROCESSED SCRAP METAL TO USED OIL FILTERS 6/2/1998 Letter Yes Summary PDF 3. APPLICABILITY OF THE PROCESSED SCRAP METAL EXCLUSION TO USED OIL FILTERS 6/11/1998 Letter Yes Summary PDF Return to: TodIc View I CFR View (CFR text) I Main Index Solder 1. REGULATORY STATUS OF SOLDER SKIMMINGS THAT ARE RECLAIMED 7/20/1989 Letter Yes Summary PDF 2. SOLDER SKIMMINGS AND THE DEFINITION OF SCRAP METAL 12/5/1990 Letter Yes Summary PDF 3. REGULATORY STATUS OF SOLDER DRIPPINGS GENERATED DURING RADIATOR REPAIR OPERATIONS 4/29/1993 Letter Yes Summary PDF 4. REGULATORY DETERMINATION OF SPENT SOLDER BATHS, ALSO KNOWN AS ""POT DUMPS"" 9/20/1993 Letter Yes Summary PDF Return to: Topic View I CFR View (CFR text) I Main Index Used oil filters 1. APPLICABILITY OF THE TOXICITY CHARACTERISTIC TO USED OIL FILTERS 9/26/1991 Letter Yes Summary PDF 2. APPLICABILITY OF EXCLUSION FROM THE DEFINITION OF SOLID WASTE FOR PROCESSED SCRAP METAL TO USED OIL FILTERS 6/2/1998 Letter Yes Summary PDF 3. APPLICABILITY OF THE PROCESSED SCRAP METAL EXCLUSION TO USED OIL FILTERS 6/11/1998 Letter Yes Summary PDF Return to: Topic View I CFR View (CFR text) I Main Index Resources Scrap metal 29 ------- RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions Subtopic Resource Document Date Type Topic is Focus? Link to EPA Summary Link to Resource Other 1. SCRAP METAL REMOVED FROM SPENT ALKALINE BATTERIES THAT ARE RECYCLED 10/20/1986 Letter Yes Summary PDF 2. DEFINITION OF "HOUSEHOLD WASTE" AND "SCRAP METAL" 5/2/1988 Letter Yes Summary PDF 3. REGULATORY STATUS OF PRINTED CIRCUIT BOARDS 8/26/1992 Memo Yes Summary PDF 4. REGULATORY STATUS OF NATURAL GAS REGULATORS THAT CONTAIN MERCURY UNDER RCRA 7/29/1994 Letter Yes Summary PDF 5. EXEMPTION FOR SCRAP METAL DESTINED FOR RECYCLING APPLIES AT POINT OF GENERATION 6/1/1998 Q & A Yes Summary PDF 6. REGULATORY STATUS OF SPENT METAL FUEL FILTERS UNDER RCRA 6/3/1998 Letter Yes Summary PDF Return to: Topic View I CFR View (CFR text) I Main Index Resources Scrap metal 30 ------- RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions 14. Shredded circuit boards being recycled Return to: Topic 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. 61 FR 2338 - Land Disposal Restrictions- Supplemental Proposal to Phase IV (Proposed) [pp. 2362-2363] 1/25/1996 Federal Register Yes N/A PDF 2. 62 FR 25998 - Land Disposal RestrictionsPhase IV (Final) [pp. 26011-26013] 5/12/1997 Federal Register Yes N/A PDF 3. 63 FR 28555 - Clarification of the RCRA Exclusion of Shredded Circuit Boards (Final) [pp. 28629- 28630] 5/26/1998 Federal Register Yes N/A PDF Return to: Topic View I CFR View (CFR text) I Main Index Scrap metal 1. REGULATORY STATUS OF PRINTED CIRCUIT BOARDS 8/26/1992 Letter Yes Summarv PDF Return to: Topic View I CFR View (CFR text) I Main Index Other 1. REGULATORY STATUS OF OFF- SPECIFICATION CIRCUIT PRINTING BOARDS 8/1/1991 Q & A Yes Summary PDF 2. CLARIFICATION OF REGULATORY STATUS OF WHOLE CIRCUIT BOARDS 8/8/1997 Letter Yes Summary PDF 3. SCOPE OF THE SHREDDED CIRCUIT BOARDS EXCLUSION 12/1/2003 Q & A Yes Summary PDF Return to: Topic View | CFR View (CFR text) | Main Index Resources Shredded circuit boards being recycled 31 ------- RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions 15. Condensates from kraft mill steam strippers Return to: Topic 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. 61 FR 9383 - National Emission Standards for Hazardous Air Pollutants for Source Category: Pulp and Paper Production (Announcement of availability of supplemental information) [p. 9396] 2. 63 FR 18504 - National Emission Standards for Hazardous Air Pollutants for Source Category: Pulp 3/8/1996 Federal Register Federal Yes N/A PDF and Paper Production (Final) [p. 18533] 4/15/1998 Register Yes N/A PDF Return to: Topic View | CFR View (CFR text) | Main Index Resources Condensates from kraft mill steam strippers 32 ------- RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions 16. Comparable fuels or comparable syngas fuels Return to: Topic 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. 61 FR 17358 - Revised Standards for Hazardous Waste Combustors (Proposed) [pp. 17459-17469] 4/19/1996 Federal Register Yes N/A PDF 2. 63 FR 33782 - RCRA Comparable Fuel Exclusion (Final) [pp. 33783-33799] 6/19/1998 Federal Register Yes N/A PDF 3. 64 FR 25408 - Land Disposal Restrictions Phase IV (Technical Correction) [pp. 25408- 25409] 5/11/1999 Federal Register Yes N/A PDF 4. 72 FR 33284 - Expansion of RCRA Comparable Fuel Exclusion (Proposed) [pp. 33284-33334] 6/15/2007 Federal Register Yes N/A PDF Return to: Topic View I CFR View (CFR text) I Main Index Gasifier/syngas 1. REGULATORY STATUS OF A GASIFICATION UNIT PROPOSED BY TEXACO TO BE BUILT IN EL DORADO, KANSAS 5/25/1995 Letter No Summarv PDF Return to: Topic View I CFR View (CFR text) I Main Index Other 1. LIMITING METAL CATALYSTS IN COMPARABLE FUELS 2/26/1998 Letter Yes Summary PDF 2. COMPARABLE FUELS EXCLUSION 6/1/1998 Letter Yes Summary PDF Return to: Topic View I CFR View (CFR text) I Main Index Resources Comparable fuels or comparable syngas fuels 33 ------- RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions 17. Spent materials from the primary minerals processing industry for recovery or beneficiation Return to: Topic 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. 61 FR 2338 - Land Disposal Restrictions- Supplemental Proposal to Phase IV (Proposed) [pp. 2339-2350] 1/25/1996 Federal Register Yes N/A PDF 2. 63 FR 28555 - LDR Phase IV, Treatment Standards for Mineral Processing Wastes (Final) [pp. 28583-28590] 5/26/1998 Federal Register Yes N/A PDF 3. 64 FR 25408 - Land Disposal Restrictions Phase IV (Technical Correction) [p. 25409] 5/11/1999 Federal Register Yes N/A PDF 4. 67 FR 11251 - Definition of Solid Waste (Final) [pp. 11252-11253] 3/13/2002 Federal Register Yes N/A PDF Return to: Topic View | CFR View (CFR text) | Main Index Resources Spent materials from the primary minerals processing industry for recovery or beneficiation 34 ------- RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions 18. Petrochemical recovered oil Return to: Topic 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. 60 FR 57747 - Identification and Listing of Hazardous Wastes (Proposed) [pp. 57755-57756] 11/20/1995 Federal Register Yes N/A PDF 2. 63 FR 42110 - Hazardous Waste Management System; Identification and Listing of Hazardous Waste (Final) [p. 42130] 8/6/1998 Federal Register Yes N/A PDF Return to: Topic View | CFR View (CFR text) | Main Index Resources Petrochemical recovered oil 35 ------- RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions 19. Spent caustic solutions from petroleum refining liquid treating processes used as a feedstock to produce cresylic or naphthenic acid Return to: Topic 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. 60 FR 57747 - Identification and Listing of Hazardous Wastes (Proposed) [pp. 57769-57770] 11/20/1995 Federal Register No N/A PDF 2. 63 FR 42110 - Hazardous Waste Management System; Identification and Listing of Hazardous Waste (Final) [p. 42119] 8/6/1998 Federal Register Yes N/A PDF Return to: Topic View | CFR View (CFR text) | Main Index Resources Spent caustic solutions from petroleum refining liquid treating processes used as a feedstock to produce cresylic or naphthenic acid 36 ------- RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions 20. Hazardous secondary materials used to make zinc fertilizers Return to: Topic 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. 65 FR 70954 - Requirements for Zinc Fertilizers Made From Recycled Hazardous Secondary Materials (Proposed) [pp. 70954-70982] 11/28/2000 Federal Register Yes N/A PDF 2. 67 FR 48393 - Zinc Fertilizers Made From Recycled Hazardous Secondary Materials (Final) [pp. 48396-48403] 7/24/2002 Federal Register Yes N/A PDF Return to: Topic View I CFR View (CFR text) I Main Index Other 1. EPA ACTIONS REGARDING FERTILIZER CONTAMINANTS 2/27/2003 Letter Yes Summarv PDF 2. REGULATION OF FERTILIZERS MADE FROM RECYCLED HAZARDOUS WASTE 3/21/2003 Letter Yes Summary PDF 3. TOXIC WASTE IN FERTILIZER 6/13/2003 Letter Yes Summary PDF Return to: Topic View I CFR View (CFR text) I Main Index Resources Hazardous secondary materials used to make zinc fertilizers 37 ------- RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions 21. Zinc fertilizers made from hazardous wastes or hazardous secondary materials Return to: Topic 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. 65 FR 70954 - Requirements for Zinc Fertilizers Made From Recycled Hazardous Secondary Materials (Proposed) [pp. 70954-70982] 11/28/2000 Federal Register Yes N/A PDF 2. 67 FR 48393 - Zinc Fertilizers Made From Recycled Hazardous Secondary Materials (Final) [pp. 48403-48407] 7/24/2002 Federal Register Yes N/A PDF Return to: Topic View | CFR View (CFR text) | Main Index ' Other 1 RCRA REGULATION OF FERTILIZERS MADE ' FROM RECYCLED HAZARDOUS WASTE 7/17/2003 Letter Yes Summary PDF Return to: Topic View | CFR View (CFR text) | Main Index Resources Zinc fertilizers made from hazardous wastes or hazardous secondary materials 38 ------- RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions 22. Used cathode ray tubes (CRTs) Return to: Topic 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. 67 FR 40508 - Cathode Ray Tubes and Mercury- Containing Equipment (Proposed) [pp. 40508- 40528] 6/12/2002 Federal Register Yes N/A PDF 2. 71 FR 42928 - Cathode Ray Tubes (Final) [All pages] 7/28/2006 Federal Register Yes N/A PDF 3. REGULATION OF CRTS AND OTHER COMPUTER ELECTRONICS 8/1/2004 Q & A Yes Summary PDF 4. CRT PROCESSED GLASS RECYCLING AND STORAGE 11/15/2006 Letter Yes Summary PDF Return to: Topic View I CFR View (CFR text) I Main Index Resources Used cathode ray tubes 39 ------- RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions 23. Used oil filters Return to: Topic 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. 56 FR 48000 - Hazardous Waste Management System; General; Identification and Listing of Hazardous Waste; Used Oil (Supplemental Notice of Proposed Rulemaking) [pp.48024-48025, 48048] 9/23/1991 Federal Register Yes N/A PDF 2. 57 FR 21524 - Hazardous Waste Management System; General; Identification and Listing of Hazardous Waste; Used Oil (Final) [pp. 21531- 21532] 5/20/1992 Federal Register Yes N/A PDF 3. USED OIL FILTERS CLASSIFICATION 8/17/1990 Memo Yes Summarv PDF 4. TC RULE DELAY OF IMPOSITION ON OIL FILTERS 4/16/1991 Memo Yes Summary PDF 5. REGULATORY STATUS OF USED OIL FILTERS 10/23/1992 Memo Yes Summary PDF 6. USED OIL FILTERS 6/13/1993 Memo Yes Summary PDF 7. APPLICABILITY OF EXCLUSION FROM THE DEFINITION OF SOLID WASTE FOR PROCESSED SCRAP METAL TO USED OIL FILTERS 6/2/1998 Memo Yes Summary PDF Return to: Topic View | CFR View (CFR text) | Main Index Resources Used oil filters 40 ------- RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions CFR View Index Return to: Main Index NOTE: The CFR links in the below index are internal to this document. CFR Location Title/Topic Additional Selected Topics 261.4 Exclusions 261.4(a Materials which are not solid wastes. 261.4(a m Domestic sewage (POTW exclusion) 261.4(a 121 Industrial wastewater point source discharges 261.4(a (3) Irrigation return flows 261.4(a (4) Source, special nuclear or by-product material as defined by the Atomic Energy Act Nuclear By-Product/AEA 261.4(a (5) Materials subjected to in-situ mining techniques 261.4(a m Pulping liquors 261.4(a m Spent sulfuric acid 261.4(a m Reclaimed secondary materials 261.4(a m Wood preserving wastes and drip pads 261.4(a (10) Coke by-products wastes 261.4(a (id Nonwastewater splash condenser dross residue from the treatment of K061 261.4(a (12) Petroleum refinery wastes 261.4(a (13) Scrap metal Electronic Waste 261.4(a (14) Shredded circuit boards being recycled Recycling; Electronic Waste 261.4(a (15) Condensates from kraft mill steam strippers 261.4(a (16) Comparable fuels or comparable syngas fuels 261.4(a (17) Spent materials from the primary mineral processing industry for recovery or benefication Mineral Processing Recovery 261.4(a (18) Petrochemical recovered oil 261.4(a (19) Spent caustic solutions from petroleum refining liquid treating processes used as a feedstock to produce cresylic or naphthenic acid 261.4(a (20) Hazardous secondary materials used to make zinc fertilizers CFR View Index 41 ------- RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions CFR Location Title/Topic Additional Selected Topics 261,4(a)(21) Zinc fertilizers made from hazardous wastes or hazardous secondary materials Cadmium; Lead; Mercury 261.4(a)(22) Used cathode ray tubes (CRTs) 261.4(b) Solid wastes which are not hazardous wastes. 261.4(b)(13) Used oil filters Return to: Tod of CFR Index I Main Index CFR View Index (cont.) 42 ------- RCR 4 Definition of Solid Waste Compendium - Volume A: Exclusions CFR View Return to: Main Index NOTE: The CFR language outline has been formatted §261.4: Exclusions. View Resources | Go to e-CFR | Return to: CFR Index | Topic View | Main Index (a) Materials which are not solid wastes. The following materials are not solid wastes for the purpose of this part: Domestic sewage (POTW exclusion) View Resources | Go to e-CFR | Return to: CFR Index | Topic View | Main Index (1) (i) Domestic sewage; and (ii) Any mixture of domestic sewage and other wastes that passes through a sewer system to a publicly-owned treatment works for treatment. "Domestic sewage" means untreated sanitary wastes that pass through a sewer system. Industrial wastewater point source discharges View Resources | Go to e-CFR | Return to: CFR Index | Topic View | Main Index (2) Industrial wastewater discharges that are point source discharges subject to regulation under section 402 of the Clean Water Act, as amended. [Comment: This exclusion applies only to the actual point source discharge. It does not exclude industrial wastewaters while they are being collected, stored or treated before discharge, nor does it exclude sludges that are generated by industrial wastewater treatment.] Irrigation return flows View Resources | Go to e-CFR | Return to: CFR Index | Topic View | Main Index (3) Irrigation return flows. CFR View - 40 CFR 261.4(a)(l)-(3) 43 ------- RCR 4 Definition of Solid Waste Compendium - Volume A: Exclusions Source, special nuclear or by-product material as defined by the Atomic Energy Act View Resources | Go to e-CFR | Return to: CFR Index | Topic View | Main Index (4) Source, special nuclear or by-product material as defined by the Atomic Energy Act of 1954, as amended, 42 U.S.C. 2011 et seq. Materials subjected to in-situ mining techniques View Resources | Go to e-CFR | Return to: CFR Index I Topic View | Main Index (5) Materials subjected to in-situ mining techniques which are not removed from the ground as part of the extraction process. Pulping liquors View Resources | Go to e-CFR | Return to: CFR Index | Topic View | Main Index (6) Pulping liquors (i.e., black liquor) that are reclaimed in a pulping liquor recovery furnace and then reused in the pulping process, unless it is accumulated speculatively as defined in §261.1(c) of this chapter. Spent sulfuric acid View Resources | Go to e-CFR | Return to: CFR Index I Topic View | Main Index (7) Spent sulfuric acid used to produce virgin sulfuric acid, unless it is accumulated speculatively as defined in §261.1(c) of this chapter. Reclaimed secondary materials View Resources | Go to e-CFR | Return to: CFR Index | Topic View | Main Index (8) Secondary materials that are reclaimed and returned to the original process or processes in which they were generated where they are reused in the production process provided: (i) Only tank storage is involved, and the entire process through completion of reclamation is closed by being entirely connected with pipes or other comparable enclosed means of conveyance; (ii) Reclamation does not involve controlled flame combustion (such as occurs in boilers, industrial furnaces, or incinerators); (iii) The secondary materials are never accumulated in such tanks for over twelve months without being reclaimed; and CFR View - 40 CFR 261.4(a)(4)-(8) 44 ------- RCR 4 Definition of Solid Waste Compendium - Volume A: Exclusions Reclaimed secondary materials (cont.) View Resources | Go to e-CFR | Return to: CFR Index | Topic View | Main Index (iv) The reclaimed material is not used to produce a fuel, or used to produce products that are used in a manner constituting disposal. Wood preserving wastes and drip pads View Resources | Go to e-CFR | Return to: CFR Index | Topic View | Main Index (9) (i) Spent wood preserving solutions that have been reclaimed and are reused for their original intended purpose; and (ii) Wastewaters from the wood preserving process that have been reclaimed and are reused to treat wood. (iii) Prior to reuse, the wood preserving wastewaters and spent wood preserving solutions described in paragraphs (a)(9)(i) and (a)(9)(ii) of this section, so long as they meet all of the following conditions: (A) The wood preserving wastewaters and spent wood preserving solutions are reused on-site at water borne plants in the production process for their original intended purpose; (B) Prior to reuse, the wastewaters and spent wood preserving solutions are managed to prevent release to either land or groundwater or both; (C) Any unit used to manage wastewaters and/or spent wood preserving solutions prior to reuse can be visually or otherwise determined to prevent such releases; (D) Any drip pad used to manage the wastewaters and/or spent wood preserving solutions prior to reuse complies with the standards in part 265, subpart W of this chapter, regardless of whether the plant generates a total of less than 100 kg/month of hazardous waste; and (E) Prior to operating pursuant to this exclusion, the plant owner or operator prepares a one-time notification stating that the plant intends to claim the exclusion, giving the date on which the plant intends to begin operating under the exclusion, and containing the following language: "I have read the applicable regulation establishing an exclusion for wood preserving wastewaters and spent wood preserving solutions and understand it requires me to comply at all times with the conditions set out in the regulation." The plant must maintain a copy of that document in its on-site records until closure of the facility. The exclusion applies so long as the plant meets all of the conditions. If the plant goes out of compliance CFR View - 40 CFR 261.4(a)(8)(«w£)-(9) 45 ------- RCR 4 Definition of Solid Waste Compendium - Volume A: Exclusions Wood preserving wastes and drip pads (cont.) View Resources | Go to e-CFR | Return to: CFR Index | Topic View | Main Index with any condition, it may apply to the appropriate Regional Administrator or state Director for reinstatement. The Regional Administrator or state Director may reinstate the exclusion upon finding that the plant has returned to compliance with all conditions and that the violations are not likely to recur. Coke by-products wastes View Resources | Go to e-CFR | Return to: CFR Index | Topic View | Main Index (10) EPA Hazardous Waste Nos. K060, K087, K141, K142, K143, K144, K145, K147, and K148, and any wastes from the coke by-products processes that are hazardous only because they exhibit the Toxicity Characteristic (TC) specified in section 261.24 of this part when, subsequent to generation, these materials are recycled to coke ovens, to the tar recovery process as a feedstock to produce coal tar, or mixed with coal tar prior to the tar's sale or refining. This exclusion is conditioned on there being no land disposal of the wastes from the point they are generated to the point they are recycled to coke ovens or tar recovery or refining processes, or mixed with coal tar. Nonwastewater splash condenser dross residue from the treatment of K061 View Resources | Go to e-CFR | Return to: CFR Index | Topic View | Main Index (11) Nonwastewater splash condenser dross residue from the treatment of K061 in high temperature metals recovery units, provided it is shipped in drums (if shipped) and not land disposed before recovery. Petroleum refinery wastes View Resources | Go to e-CFR | Return to: CFR Index | Topic View | Main Index (12) (i) Oil-bearing hazardous secondary materials (i.e., sludges, byproducts, or spent materials) that are generated at a petroleum refinery (SIC code 2911) and are inserted into the petroleum refining process (SIC code 2911including, but not limited to, distillation, catalytic cracking, fractionation, or thermal cracking units (i.e., cokers)) unless the material is placed on the land, or speculatively accumulated before being so recycled. Materials inserted into thermal cracking units are excluded under this paragraph, provided that the coke product also does not exhibit a characteristic of hazardous waste. Oil-bearing hazardous secondary materials may be inserted into the same petroleum refinery where they are generated, or sent directly to another petroleum refinery, and still be excluded under this provision. Except as provided in paragraph (a)(12)(ii) of this section, oil-bearing hazardous secondary materials generated elsewhere in the petroleum CFR View - 40 CFR 261.4(a)(9)(cwrt.)-(12) 46 ------- RCR 4 Definition of Solid Waste Compendium - Volume A: Exclusions Petroleum refinery wastes (cont.) View Resources | Go to e-CFR | Return to: CFR Index | Topic View | Main Index industry (i.e., from sources other than petroleum refineries) are not excluded under this section. Residuals generated from processing or recycling materials excluded under this paragraph (a)(12)(i), where such materials as generated would have otherwise met a listing under subpart D of this part, are designated as F037 listed wastes when disposed of or intended for disposal. (ii) Recovered oil that is recycled in the same manner and with the same conditions as described in paragraph (a)(12)(i) of this section. Recovered oil is oil that has been reclaimed from secondary materials (including wastewater) generated from normal petroleum industry practices, including refining, exploration and production, bulk storage, and transportation incident thereto (SIC codes 1311, 1321, 1381, 1382, 1389, 2911, 4612, 4613, 4922, 4923, 4789, 5171, and 5172.) Recovered oil does not include oil-bearing hazardous wastes listed in subpart D of this part; however, oil recovered from such wastes may be considered recovered oil. Recovered oil does not include used oil as defined in 40 CFR 279.1. Scrap metal View Resources | Go to e-CFR | Return to: CFR Index | Topic View | Main Index (13) Excluded scrap metal (processed scrap metal, unprocessed home scrap metal, and unprocessed prompt scrap metal) being recycled. Shredded circuit boards being recycled View Resources | Go to e-CFR | Return to: CFR Index | Topic View | Main Index (14) Shredded circuit boards being recycled provided that they are: (i) Stored in containers sufficient to prevent a release to the environment prior to recovery; and (ii) Free of mercury switches, mercury relays and nickel-cadmium batteries and lithium batteries. Condensates from kraft mill steam strippers View Resources | Go to e-CFR | Return to: CFR Index | Topic View | Main Index (15) Condensates derived from the overhead gases from kraft mill steam strippers that are used to comply with 40 CFR 63.446(e). The exemption applies only to combustion at the mill generating the condensates. CFR View - 40 CFR 261.4(a)(12)(«w£)-(15) 47 ------- RCR 4 Definition of Solid Waste Compendium - Volume A: Exclusions Comparable fuels or comparable syngas fuels View Resources | Go to e-CFR | Return to: CFR Index | Topic View | Main Index (16) Comparable fuels or comparable syngas fuels (i.e., comparable/syngas fuels) that meet the requirements of §261.38. Spent materials from the primary mineral processing industry for recovery or benefication View Resources | Go to e-CFR | Return to: CFR Index | Topic View | Main Index (17) Spent materials (as defined in §261.1) (other than hazardous wastes listed in subpart D of this part) generated within the primary mineral processing industry from which minerals, acids, cyanide, water, or other values are recovered by mineral processing or by beneficiation, provided that: (i) The spent material is legitimately recycled to recover minerals, acids, cyanide, water or other values; (ii) The spent material is not accumulated speculatively; (iii) Except as provided in paragraph (a)(17)(iv) of this section, the spent material is stored in tanks, containers, or buildings meeting the following minimum integrity standards: a building must be an engineered structure with a floor, walls, and a roof all of which are made of non-earthen materials providing structural support (except smelter buildings may have partially earthen floors provided the secondary material is stored on the non-earthen portion), and have a roof suitable for diverting rainwater away from the foundation; a tank must be free standing, not be a surface impoundment (as defined in 40 CFR 260.10), and be manufactured of a material suitable for containment of its contents; a container must be free standing and be manufactured of a material suitable for containment of its contents. If tanks or containers contain any particulate which may be subject to wind dispersal, the owner/operator must operate these units in a manner which controls fugitive dust. Tanks, containers, and buildings must be designed, constructed and operated to prevent significant releases to the environment of these materials. (iv) The Regional Administrator or State Director may make a site-specific determination, after public review and comment, that only solid mineral processing spent material may be placed on pads rather than tanks containers, or buildings. Solid mineral processing spent materials do not contain any free liquid. The decision-maker must affirm that pads are designed, constructed and operated to prevent significant releases of the secondary material into the environment. Pads must provide the same degree of containment afforded by the non-§tanks, containers and buildings eligible for exclusion. CFR View - 40 CFR 261.4(a)(16)-(17) 48 ------- RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions Spent materials from the primary mineral processing industry for recovery or benefication (cont.) View Resources | Go to e-CFR | Return to: CFR Index | Topic View | Main Index (A) The decision-maker must also consider if storage on pads poses the potential for significant releases via groundwater, surface water, and air exposure pathways. Factors to be considered for assessing the groundwater, surface water, air exposure pathways are: The volume and physical and chemical properties of the secondary material, including its potential for migration off the pad; the potential for human or environmental exposure to hazardous constituents migrating from the pad via each exposure pathway, and the possibility and extent of harm to human and environmental receptors via each exposure pathway. (B) Pads must meet the following minimum standards: Be designed of non-earthen material that is compatible with the chemical nature of the mineral processing spent material, capable of withstanding physical stresses associated with placement and removal, have run on/runoff controls, be operated in a manner which controls fugitive dust, and have integrity assurance through inspections and maintenance programs. (C) Before making a determination under this paragraph, the Regional Administrator or State Director must provide notice and the opportunity for comment to all persons potentially interested in the determination. This can be accomplished by placing notice of this action in major local newspapers, or broadcasting notice over local radio stations. (v) The owner or operator provides notice to the Regional Administrator or State Director providing the following information: The types of materials to be recycled; the type and location of the storage units and recycling processes; and the annual quantities expected to be placed in land-based units. This notification must be updated when there is a change in the type of materials recycled or the location of the recycling process. (vi) For purposes of paragraph (a)(7) of this section, mineral processing spent materials must be the result of mineral processing and may not include any listed hazardous wastes. Listed hazardous wastes and characteristic hazardous wastes generated by non-mineral processing industries are not eligible for the conditional exclusion from the definition of solid waste. CFR View - 40 CFR 261.4(a)(17){cont) 49 ------- RCR 4 Definition of Solid Waste Compendium - Volume A: Exclusions Petrochemical recovered oil View Resources | Go to e-CFR | Return to: CFR Index | Topic View I Main Index (18) Petrochemical recovered oil from an associated organic chemical manufacturing facility, where the oil is to be inserted into the petroleum refining process (SIC code 2911) along with normal petroleum refinery process streams, provided: (i) The oil is hazardous only because it exhibits the characteristic of ignitability (as defined in §261.21) and/or toxicity for benzene (§261.24, waste code DO 18); and (ii) The oil generated by the organic chemical manufacturing facility is not placed on the land, or speculatively accumulated before being recycled into the petroleum refining process. An "associated organic chemical manufacturing facility" is a facility where the primary SIC code is 2869, but where operations may also include SIC codes 2821, 2822, and 2865; and is physically co-located with a petroleum refinery; and where the petroleum refinery to which the oil being recycled is returned also provides hydrocarbon feedstocks to the organic chemical manufacturing facility. "Petrochemical recovered oil" is oil that has been reclaimed from secondary materials (i.e., sludges, byproducts, or spent materials, including wastewater) from normal organic chemical manufacturing operations, as well as oil recovered from organic chemical manufacturing processes. Spent caustic solutions from petroleum refining liquid treating processes used as a feedstock to produce cresylic or naphthenic acid View Resources | Go to e-CFR | Return to: CFR Index | Topic View | Main Index (19) Spent caustic solutions from petroleum refining liquid treating processes used as a feedstock to produce cresylic or naphthenic acid unless the material is placed on the land, or accumulated speculatively as defined in §261.1(c). Hazardous secondary materials used to make zinc fertilizers View Resources | Go to e-CFR | Return to: CFR Index | Topic View | Main Index (20) Hazardous secondary materials used to make zinc fertilizers, provided that the following conditions specified are satisfied: (i) Hazardous secondary materials used to make zinc micronutrient fertilizers must not be accumulated speculatively, as defined in §261.1 (c)(8). (ii) Generators and intermediate handlers of zinc-bearing hazardous secondary materials that are to be incorporated into zinc fertilizers must: CFR View - 40 CFR 261.4(a)(18)-(20) 50 ------- RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions Hazardous secondary materials used to make zinc fertilizers (cont.) View Resources | Go to e-CFR | Return to: CFR Index | Topic View | Main Index (A) Submit a one-time notice to the Regional Administrator or State Director in whose jurisdiction the exclusion is being claimed, which contains the name, address and EPA ID number of the generator or intermediate handler facility, provides a brief description of the secondary material that will be subject to the exclusion, and identifies when the manufacturer intends to begin managing excluded, zinc-bearing hazardous secondary materials under the conditions specified in this paragraph (a)(20). (B) Store the excluded secondary material in tanks, containers, or buildings that are constructed and maintained in a way that prevents releases of the secondary materials into the environment. At a minimum, any building used for this purpose must be an engineered structure made of non-earthen materials that provide structural support, and must have a floor, walls and a roof that prevent wind dispersal and contact with rainwater. Tanks used for this purpose must be structurally sound and, if outdoors, must have roofs or covers that prevent contact with wind and rain. Containers used for this purpose must be kept closed except when it is necessary to add or remove material, and must be in sound condition. Containers that are stored outdoors must be managed within storage areas that: (7) Have containment structures or systems sufficiently impervious to contain leaks, spills and accumulated precipitation; and (2) Provide for effective drainage and removal of leaks, spills and accumulated precipitation; and (5) Prevent run-on into the containment system. (C) With each off-site shipment of excluded hazardous secondary materials, provide written notice to the receiving facility that the material is subject to the conditions of this paragraph (a)(20). (D) Maintain at the generator's or intermediate handlers's facility for no less than three years records of all shipments of excluded hazardous secondary materials. For each shipment these records must at a minimum contain the following information: (7) Name of the transporter and date of the shipment; CFR View - 40 CFR 261.4(a)(20)(«w£) 51 ------- RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions Hazardous secondary materials used to make zinc fertilizers (cont.) View Resources | Go to e-CFR | Return to: CFR Index | Topic View | Main Index (2) Name and address of the facility that received the excluded material, and documentation confirming receipt of the shipment; and (5) Type and quantity of excluded secondary material in each shipment. (iii) Manufacturers of zinc fertilizers or zinc fertilizer ingredients made from excluded hazardous secondary materials must: (A) Store excluded hazardous secondary materials in accordance with the storage requirements for generators and intermediate handlers, as specified in paragraph (a)(20)(ii)(B) of this section. (B) Submit a one-time notification to the Regional Administrator or State Director that, at a minimum, specifies the name, address and EPA ID number of the manufacturing facility, and identifies when the manufacturer intends to begin managing excluded, zinc-bearing hazardous secondary materials under the conditions specified in this paragraph (a)(20). (C) Maintain for a minimum of three years records of all shipments of excluded hazardous secondary materials received by the manufacturer, which must at a minimum identify for each shipment the name and address of the generating facility, name of transporter and date the materials were received, the quantity received, and a brief description of the industrial process that generated the material. (D) Submit to the Regional Administrator or State Director an annual report that identifies the total quantities of all excluded hazardous secondary materials that were used to manufacture zinc fertilizers or zinc fertilizer ingredients in the previous year, the name and address of each generating facility, and the industrial process(s) from which they were generated. (iv) Nothing in this section preempts, overrides or otherwise negates the provision in §262.11 of this chapter, which requires any person who generates a solid waste to determine if that waste is a hazardous waste. CFR View - 40 CFR 261.4(a)(20)(«w£) 52 ------- RCR 4 Definition of Solid Waste Compendium - Volume A: Exclusions Hazardous secondary materials used to make zinc fertilizers (cont.) View Resources | Go to e-CFR | Return to: CFR Index | Topic View | Main Index (v) Interim status and permitted storage units that have been used to store only zinc-bearing hazardous wastes prior to the submission of the one-time notice described in paragraph (a)(20)(ii)(A) of this section, and that afterward will be used only to store hazardous secondary materials excluded under this paragraph, are not subject to the closure requirements of 40 CFR Parts 264 and 265. Zinc fertilizers made from hazardous wastes or hazardous secondary materials View Resources | Go to e-CFR | Return to: CFR Index | Topic View | Main Index (21) Zinc fertilizers made from hazardous wastes, or hazardous secondary materials that are excluded under paragraph (a)(20) of this section, provided that: (i) The fertilizers meet the following contaminant limits: (A) For metal contaminants: Constituent Maximum Allowable Total Concentration in Fertilizer, per Unit (1%) of Zinc (ppm) Arsenic 0.3 Cadmium 1.4 Chromium 0.6 Lead 2.8 Mercury 0.3 (B) For dioxin contaminants the fertilizer must contain no more than eight (8) parts per trillion of dioxin, measured as toxic equivalent (TEQ). (ii) The manufacturer performs sampling and analysis of the fertilizer product to determine compliance with the contaminant limits for metals no less than every six months, and for dioxins no less than every twelve months. Testing must also be performed whenever changes occur to manufacturing processes or ingredients that could significantly affect the amounts of contaminants in the fertilizer product. The manufacturer may use any reliable analytical method to demonstrate that no constituent of concern is present in the product at concentrations above the applicable limits. It is the responsibility of the manufacturer to ensure that the CFR View - 40 CFR 261.4(a)(20)(«w£)-(21) 53 ------- RCR 4 Definition of Solid Waste Compendium - Volume A: Exclusions Zinc fertilizers made from hazardous wastes or hazardous secondary materials (cont.) View Resources | Go to e-CFR | Return to: CFR Index | Topic View | Main Index sampling and analysis are unbiased, precise, and representative of the product(s) introduced into commerce. (iii) The manufacturer maintains for no less than three years records of all sampling and analyses performed for purposes of determining compliance with the requirements of paragraph (a)(21)(ii) of this section. Such records must at a minimum include: (A) The dates and times product samples were taken, and the dates the samples were analyzed; (B) The names and qualifications of the person(s) taking the samples; (C) A description of the methods and equipment used to take the samples; (D) The name and address of the laboratory facility at which analyses of the samples were performed; (E) A description of the analytical methods used, including any cleanup and sample preparation methods; and (F) All laboratory analytical results used to determine compliance with the contaminant limits specified in this paragraph (a)(21). Used cathode ray tubes (CRTs) View Resources | Go to e-CFR | Return to: CFR Index | Topic View | Main Index (22) Used cathode ray tubes (CRTs) (i) Used, intact CRTs as defined in §260.10 of this chapter are not solid wastes within the United States unless they are disposed, or unless they are speculatively accumulated as defined in §261.1(c)(8) by CRT collectors or glass processors. (ii) Used, intact CRTs as defined in §260.10 of this chapter are not solid wastes when exported for recycling provided that they meet the requirements of §261.40. (iii) Used, broken CRTs as defined in §260.10 of this chapter are not solid wastes provided that they meet the requirements of §261.39. (iv) Glass removed from CRTs is not a solid waste provided that it meets the requirements of §261.3 9(c). CFR View - 40 CFR 261A(n)(21)(cont.)-(22) 54 ------- RCR 4 Definition of Solid Waste Compendium - Volume A: Exclusions (b) Solid wastes which are not hazardous wastes. The following solid wastes are not hazardous wastes: [* * * Preceding text omitted* * *] Used oil filters View Resources | Go to e-CFR | Return to: CFR Index | Topic View | Main Index (13) Non-terne plated used oil filters that are not mixed with wastes listed in subpart D of this part if these oil filters have been gravity hot-drained using one of the following methods: (i) Puncturing the filter anti-drain back valve or the filter dome end and hot- draining; (ii) Hot-draining and crushing; (iii) Dismantling and hot-draining; or (iv) Any other equivalent hot-draining method that will remove used oil. [***Remaining text omitted***] ***End of Exclusions CFR Excerpts *** CFR Index | Go to e-CFR | View Resources | Topic View | Main Index CFR View - 40 CFR 261.4(b)(13) 55 ------- RCR, 4 Definition of Solid Waste Compendium - Volume A: Exclusions Glossary of Acronyms Return to: Main Index Acronym Meaning CFR Code of Federal Regulations CRT Cathode Ray Tube DOE Department of Energy e-CFR electronic Code of Federal Regulations EPA Environmental Protection Agency FR Federal Register NORM Naturally Occurring Radioactive Materials POTW Publicly Owned Treatment Works RCRA Resource Conservation and Recovery Act TC Toxicity Characteristic WWTU Wastewater Treatment Unit Glossary of Acronyms 56 ------- |