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EPA530-R-07-003
May 2008
Version 1
Definition of Solid Waste Compendium
Volume I: Sludges
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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RCR, 4 Definition of Solid Waste Compendium - Volume I: Sludges
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i
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RCRA Definition of Solid Waste Compendium - Volume I: Sludges
Main Index
Volume I: Sludges
Navigation Tips i
Main Index ii
Introduction iii
Sub topic View 1
Resources by Subtopic 2
CFR View Index 6
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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RCR, 4 Definition of Solid Waste Compendium - Volume I: Sludges
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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RCR, 4 Definition of Solid Waste Compendium - Volume I: Sludges
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 Sludges Volume
This volume of the Compendium references resources pertaining to sludges, a
group of materials that appears as included in the Definition of Solid Waste regulations at
40 CFR 261.2(c), Table 1. The definition of "sludge" appears at 40 CFR 261.10.
This document is organized into three main sections:
• Subtopic View - lists subtopics for resources
• Resources - lists resources for each subtopic
• CFR View - CFR language we've reformatted for easy reading
The Subtopic View section lists the subtopics among the resources pertaining to the
regulation of sludges under the Definition of Solid Waste regulations. The Resources
section is comprised of a table, arranged by subtopic, that provides basic details about
and a hyperlink to each resource. The CFR View section provides reformatted versions
of the relevant CFR language. As noted previously, this reproduced language is not a
substitute for the CFR itself or the requirements in the CFR. Additionally, the
Government Printing Office frequently updates the e-CFR Web site to which the
document is linked; where appropriate, hyperlinks to the respective CFR section at the e-
CFR Web site are provided. These three main sections are cross-referenced, where each
section includes hyperlinks to the other sections. Please see the "Navigation Tips"
section for document navigation guidance.
Introduction
iv
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RCR, 4 Definition of Solid Waste Compendium - Volume I: Sludges
This reference document does not provide guidance on solid waste or hazardous
waste regulations beyond issues concerning the regulation of sludges under the Definition
of Solid Waste regulations. For more information regarding the various regulations
applied to facilities generating or managing hazardous waste, see Hazardous Waste
Generators: A User Friendly Reference Document.
The Compendium volumes are also available in Microsoft Word format from
EPA upon request. For more information on these versions and any other questions or
comments concerning this document, please contact EPA's Office of Solid Waste:
Amanda Geldard
geldard.amanda@epa.gov
(703) 347-8975
Teena Wooten
wooten.teena@epa.gov
(703) 308-8751
Introduction
v
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RCR, 4 Definition of Solid Waste Compendium - Volume I: Sludges
Subtopic View
Return to: CFR View (CFR text) | Main Index
Sludges [§§260.10, 261.2(c)]
Resource Index:
• Resources applicable to all subtopics
• Resources specific to subtopic:
o Characteristic sludges
o Definition of sludge
o Listed sludges
o Silver-containing sludges
o Use constituting disposal
Subtopic View
1
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RCR, 4 Definition of Solid Waste Compendium - Volume I: Sludges
Resources by Subtopic
Return to: Subtopic View | CFR View (CFR text) | Main Index
Subtopic
Resource
Document
Date
Type
Topic is
Focus?
Link to EPA
Summary
Link to
Resource
Resources
applicable to
all subtopics
1.
50 FR 614 - Amendments to Definition of Solid
Waste (Final) [pp. 618, 619, 641]
1/4/1985
Federal
Register
Yes
N/A
PDF
2.
65 FR 12377 - 180-Day Accumulation Time
Under RCRA for Waste Water Treatment
Sludges From the Metal Finishing Industry
(Final) [All pages]
3/8/2000
Federal
Register
Yes
N/A
PDF
3.
§260.10 - Definition of "sludge".
N/A
Code of
Federal
Regulations
Yes
N/A
e-CFR
4.
§261.2(c) - Definition of solid waste: Materials
are solid wastes if they are recycled —or
accumulated, stored, or treated before recycling.
N/A
Code of
Federal
Regulations
Yes
N/A
e-CFR
Return to: Subtopic View I
CFR View (CFR text) I Main Index
Characteristic
sludges
1.
CHARACTERISTIC SLUDGES RECLAIMED
OR PROCESSED PRIOR TO USE AS AN
INGREDIENT IN FERTILIZER
11/25/1985
Letter
Yes
Summarv
PDF
2.
MATERIALS USED IN FERTILIZER
PRODUCTION MANAGEMENT
10/11/1991
Letter
Yes
Summary
PDF
3.
REGULATORY STATUS OF SILVER-
CONTAINING WASTEWATER TREATMENT
SLUDGES WHEN RECYCLED
4/29/1993
Letter
Yes
Summary
PDF
4.
APPLICABILITY OF RCRA SUBTITLE C
REGULATIONS TO SILVER RECLAMATION
OPERATIONS OF SPENT PHOTOGRAPHIC
FIXER SOLUTIONS
2/28/1994
Letter
No
Summary
PDF
5.
INTERPRETATION REGARDING THE
REGULATORY STATUS OF SILVER
RECOVERY UNITS UNDER RCRA
REGULATIONS
10/5/1994
Letter
Yes
Summary
PDF
Resources 2
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RCR, 4 Definition of Solid Waste Compendium - Volume I: Sludges
Subtopic
Resource
Document
Date
Type
Topic is
Focus?
Link to EPA
Summary
Link to
Resource
6.
CLARIFICATION OF THE REGULATORY
STATUS UNDER RCRA OF SILVER
RECOVERY UNITS USED IN PHOTO
PROCESSING
8/4/1995
Letter
Yes
Summarv
PDF
7.
REGULATORY STATUS OF METAL-BEARING
SECONDARY MATERIALS RECLAIMED FOR
USE IN COMMERCIAL FERTILIZERS
8/15/1997
Letter
Yes
Summary
PDF
Return to: SubtoDic View I
CFR View (CFR text) I Main Index
Definition of
sludge
1.
SILVER RECOVERY IN THE PHOTOGRAPHIC
INDUSTRY, CHEMICAL RECOVERY
CARTRIDGES FOR
1/6/1987
Letter
No
Summary
PDF
2.
SPENT ION EXCHANGE RESINS AND FILTER
AS HAZARDOUS WASTE
5/5/1987
Letter
Yes
Summary
PDF
3.
REGULATORY STATUS OF NON-LISTED
SLUDGE THAT IS BEING RECYCLED
6/10/1994
Letter
Yes
Summary
PDF
4.
REGULATORY INTERPRETATION FOR ION
EXCHANGE RESIN USED FOR WATER
REUSE ON ELECTROPLATING
WASTEWATERS
7/21/1994
Letter
Yes
Summary
PDF
5.
INTERPRETATION REGARDING THE
REGULATORY STATUS OF SILVER
RECOVERY UNITS UNDER RCRA
REGULATIONS
10/5/1994
Letter
Yes
Summary
PDF
6.
REGULATORY STATUS OF AN AIR
POLLUTION CONTROL DUST THAT IS FED
TO AN ELECTROLYTIC METALS RECOVERY
PROCESS TO RECOVER ZINC METAL
12/20/1994
Letter
Yes
Summary
PDF
7.
IS SCRUBBER WASTE FROM A SCRUBBER
IN A CLOSED-LOOP FLUE GAS
DESULFURIZATION CONSIDERED A SOLID
WASTE?
4/12/1995
Letter
Yes
Summary
PDF
8.
REGULATORY STATUS OF ION EXCHANGE
RESIN WASTE
1/21/1997
Letter
Yes
Summary
PDF
9.
REGULATORY STATUS OF SPENT
GRANULATED ACTIVATED CARBON AND
ION EXCHANGE COLUMNS
3/18/1999
Letter
Yes
Summary
PDF
Return to: SubtoDic View I
CFR View (CFR text) I Main Index
Resources
3
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RCR, 4 Definition of Solid Waste Compendium - Volume I: Sludges
Subtopic
Resource
Document
Date
Type
Topic is
Focus?
Link to EPA
Summary
Link to
Resource
Listed sludges
1.
CHARACTERISTIC SLUDGES RECLAIMED
OR PROCESSED PRIOR TO USE AS AN
INGREDIENT IN FERTILIZER
11/25/1985
Letter
Yes
Summary
I i
PDF
2.
REGULATION OF SLUDGES WHEN
RECLAIMED
6/1/1986
Q&A
Yes
Summary
PDF
3.
SPENT ION EXCHANGE RESINS AND FILTER
AS HAZARDOUS WASTE
5/5/1987
Letter
Yes
Summary
PDF
4.
REGULATORY INTERPRETATION FOR ION
EXCHANGE RESIN USED FOR WATER
REUSE ON ELECTROPLATING
WASTEWATERS
7/21/1994
Letter
Yes
Summary
PDF
5.
REGULATORY STATUS OF ION EXCHANGE
RESIN WASTE
1/21/1997
Letter
Yes
Summary
PDF
Return to: SubtoDic View I
CFR View (CFR text) I Main Index
Silver-
containing
sludges
1.
REGULATORY STATUS OF SILVER-
CONTAINING WASTEWATER TREATMENT
SLUDGES WHEN RECYCLED
4/29/1993
Letter
Yes
Summary
PDF
2.
APPLICABILITY OF RCRA SUBTITLE C
REGULATIONS TO SILVER RECLAMATION
OPERATIONS OF SPENT PHOTOGRAPHIC
FIXER SOLUTIONS
2/28/1994
Letter
No
Summary
PDF
3.
INTERPRETATION REGARDING THE
REGULATORY STATUS OF SILVER
RECOVERY UNITS UNDER RCRA
REGULATIONS
10/5/1994
Letter
Yes
Summary
PDF
4.
CLARIFICATION OF THE REGULATORY
STATUS UNDER RCRA OF SILVER
RECOVERY UNITS USED IN PHOTO
PROCESSING
8/4/1995
Letter
Yes
Summary
PDF
Return to: SubtoDic View I
CFR View (CFR text) I Main Index
Resources
4
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RCR, 4 Definition of Solid Waste Compendium - Volume I: Sludges
Subtopic
Resource
Document
Date
Type
Topic is
Focus?
Link to EPA
Summary
Link to
Resource
Use
constituting
disposal
1.
CHARACTERISTIC SLUDGES RECLAIMED
OR PROCESSED PRIOR TO USE AS AN
INGREDIENT IN FERTILIZER
11/25/1985
Letter
Yes
Summary
I i
PDF
2.
ZINC OXIDE DUST RECLAIMED OR USED AS
FERTILIZER
8/12/1987
Letter
Yes
Summary
PDF
3.
MATERIALS USED IN FERTILIZER
PRODUCTION MANAGEMENT
10/11/1991
Letter
Yes
Summary
PDF
4.
REGULATORY STATUS OF METAL-BEARING
SECONDARY MATERIALS RECLAIMED FOR
USE IN COMMERCIAL FERTILIZERS
8/15/1997
Letter
Yes
Summary
PDF
Return to: Subtopic View I
CFR View (CFR text) I Main Index
Resources
5
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RCR, 4 Definition of Solid Waste Compendium - Volume I: Sludges
CFR View Index
Return to: Main Index
NOTE: The CFR links in the below index are internal to this document.
CFR Location
Title/Topic
260.10
Definition of sludge.
261.2
Definition of solid waste.
261.2(c)
Materials are solid wastes if they are recycled.
CFR View - Index
6
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RCR, 4 Definition of Solid Waste Compendium - Volume I: Sludges
CFR View
Return to: Main Index
NOTE: The CFR language outline has been formatted
§260.10: Definitions.
View Resources | Go to e-CFR | Return to: CFR Index | Subtopic View | Main Index
When used in parts 260 through 273 of this chapter, the following terms have the meanings
given below:
[* **1*receding section text omitted***]
Sludge means any solid, semi-solid, or liquid waste generated from a municipal, commercial, or
industrial wastewater treatment plant, water supply treatment plant, or air pollution control
facility exclusive of the treated effluent from a wastewater treatment plant.
\***Remaining section text omitted***\
§261.2: Definition of solid waste.
View Resources | Go to e-CFR | Return to: CFR Index | Subtopic View | Main Index
[***Preceding section text omitted***]
(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.
CFR View - 40 CFR 260.10 and 261.2(c)
7
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RCR, 4 Definition of Solid Waste Compendium - Volume I: Sludges
§261.2: Definition of solid waste (cont.).
View Resources | Go to e-CFR | Return to: CFR Index | Subtopic View | Main Index
(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. (4) Accumulated speculatively.
Materials noted with a in column 4 of Table 1 are solid wastes when accumulated
speculatively.
(4) Accumulated speculatively. Materials noted with a in column 4 of Table 1 are
solid wastes when accumulated speculatively.
CFR View - 40 CFR 261.2(c){cont)
8
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RCR, 4 Definition of Solid Waste Compendium - Volume I: Sludges
§261.2: Definition of solid waste (cont.).
View Resources | Go to e-CFR | Return to: CFR Index | Subtopic View | Main Index
Table 1
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))
1
2
3
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.
|~***Remaining section text omitted***]
***End of Sludges CFR Excerpts***
CFR View - 40 CFR 261.2(c){cont)
9
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RCR, 4 Definition of Solid Waste Compendium - Volume I: Sludges
Glossary of Acronyms
Return to: Main Index
Acronym
Meaning
CFR
Code of Federal Regulations
e-CFR
electronic Code of Federal Regulations
EPA
Environmental Protection Agency
FR
Federal Register
RCRA
Resource Conservation and Recovery Act
Glossary of Acronyms
10
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