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EPA530-R-07-003
May 2008
Version 1

Definition of Solid Waste Compendium

Volume H: Spent Materials

Hazardous Waste Identification Division

Office of Solid Waste
U.S. Environmental Protection Agency

This document was prepared by ICF Incorporated, L.L.C. under Contract EP-W-07-003


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RCK 4 Definition of Solid Waste Compendium - Volume H: Spent Materials

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RCRA Definition of Solid Waste Compendium - Volume H: Spent Materials

Main Index

Volume H: Spent Materials

Navigation Tips	i

Main Index	ii

Introduction	iii

Sub topic View	1

Resources by Subtopic	2

CFR View Index	4

Glossary of Acronyms	8

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

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RCK 4 Definition of Solid Waste Compendium - Volume H: Spent Materials

Introduction

Return to: Main Index

About the Compendium

The Definition of Solid Waste Compendium serves as a user-friendly reference to
assist Environmental Protection Agency (EPA) and state staff, industrial facilities
generating and managing solid and hazardous wastes, as well as the general public, in
locating resources addressing specific regulatory issues within the federal Definition of
Solid Waste regulations. Please note that this reference is designed to be web-based;
therefore, the usefulness of the document is maximized when it is viewed on a computer
that is connected to the internet.

A frequently mentioned comment from stakeholders is the need for EPA to
improve the user-friendliness of the existing regulations. Commenters note that the
applicable Definition of Solid Waste regulations and relevant guidance materials are
difficult to locate and use. As a result, stakeholders have difficulty in understanding the
regulations and identifying solid waste. The objective of this document is to address
some of the commenters' concerns by consolidating and streamlining the Definition of
Solid Waste into a helpful reference tool that features a user-friendly format, including
references to EPA FAQs (Frequently Asked Questions), letters, memoranda, and
guidance documents that EPA has provided to the public through the years to help
stakeholders interpret the Definition of Solid Waste. This document does not change any
of the existing solid or hazardous waste requirements.

The resources referenced in the Compendium may include Federal Register (FR)
notices, documents from Resource Conservation and Recovery Act (RCRA) Online (e.g.,
RCRA Hotline Q&A's, letters, and memoranda issued by EPA), and other resources, as
well as relevant Code of Federal Regulations (CFR) language. We have attempted to
identify the relevant resources for each Compendium volume topic. However, please
note that EPA could have inadvertently overlooked a relevant document and did not
reference it. Certain available resources, such as superseded RCRA Online documents
and items that were judged to be not pertinent, have not been referenced. Most of the
referenced resources are not included or reproduced in the Compendium; instead,
hyperlinks to the resources are provided. As an exception, we have included a version of
relevant sections of the most current CFR language (as of the date on the cover of the
Compendium) that we have reformatted to make it easier to read and find citations of
interest. In addition, we also provide links to the Government Printing Office's
Electronic Code of Federal Regulations Web site (e-CFR), which is updated almost daily.

Please note that this document is also not a rulemaking in any way. As well, the
included reformatted CFR language is not a substitute for the CFR itself or the
requirements in the CFR. The Government Printing Office frequently updates the e-CFR

Introduction

iii


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RCK 4 Definition of Solid Waste Compendium - Volume H: Spent Materials

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 Spent Materials Volume

This volume of the Compendium references resources pertaining to spent
materials, 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 "spent materials" appears at
40 CFR 261.1(c)(1).

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 spent materials resources. The
Resources section is comprised of a table, arranged by subtopic, that provides basic
details about and a hyperlink to each resource. The CFR View section provides
reformatted versions of the relevant CFR language. As noted previously, this reproduced
language is not a substitute for the CFR itself or the requirements in the CFR.
Additionally, the Government Printing Office frequently updates the e-CFR Web site to
which the document is linked; where appropriate, hyperlinks to the respective CFR
section at the e-CFR Web site are provided. These three main sections are cross-
referenced, where each section includes hyperlinks to the other sections. Please see the
"Navigation Tips" section for document navigation guidance.

Introduction

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RCK 4 Definition of Solid Waste Compendium - Volume H: Spent Materials

This reference document does not provide guidance on solid waste or hazardous
waste regulations beyond issues concerning the regulation of spent materials 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

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RCK 4 Definition of Solid Waste Compendium - Volume H: Spent Materials

Subtopic View

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

Spent Materials [§§261.1(c)(l), 261.2(c)]

Resource Index:

•	Resources applicable to all subtopics

•	Resources specific to subtopic:
o Contamination

o Mercury switches
o Reclamation
o Solder dross

Subtopic View

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RCK 4 Definition of Solid Waste Compendium - Volume H: Spent Materials

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, 624]

1/4/1985

Federal
Register

Yes

N/A

PDF



2.

§261.1(c)(1) - Definition of "spent material."

N/A

Code of
Federal
Regulations

Yes

N/A

e-CFR



3.

§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







Contamination

1.

WASTES GENERATED IN PROCESS UNITS

12/1/1986

Hotline

Yes

Summary

PDF



2.

CHLOROFLUOROCARBON RECYCLING

7/21/1988

Letter

No

Summary

PDF



3.

CLARIFICATION OF WHEN A SECONDARY
MATERIAL MEETS THE DEFINITION OF
""SPENT MATERIAL""

3/24/1994

Memo

Yes

Summary

PDF



4.

CLARIFICATION OF RCRA REGULATIONS AS
THEY APPLY TO THE USE OF
PERCHLOROETHYLENE IN DRY-CLEANING
PROCESS

6/10/1994

Letter

Yes

Summary

PDF



5.

REGULATORY STATUS OF USED











CRUCIBLES AND CUPELS	3/19/1999 Memo	Yes	Summary	PDF

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

Mercury	1. CLARIFICATION ON WHEN USED MERCURY

switches	RELAYS/SWITCHES BECOME SPENT	9/28/1994 Letter	Yes	Summary	PDF

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

Resources

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RCK 4 Definition of Solid Waste Compendium - Volume H: Spent Materials

Subtopic

Resource

Document
Date

Type

Topic is
Focus?

Link to EPA
Summary

Link to
Resource

Reclamation

1.

SPENT PICKLE LIQUOR, DEFINITION AS
HAZARDOUS

5/20/1987

Letter

Yes

Summarv

I	 i

PDF



2.

PHOTOGRAPHIC FIXER RECYCLING

7/16/1990

Letter

Yes

Summary

PDF



3.

CLARIFICATION OF WHEN A SECONDARY
MATERIAL MEETS THE DEFINITION OF
""SPENT MATERIAL""

3/24/1994

Memo

Yes

Summary

PDF



4.

CLARIFICATION OF THE DEFINITION OF
""SPENT MATERIAL"" AS IT APPLIES TO A
MERCURIC CHLORIDE CATALYST

3/24/1994

Memo

Yes

Summary

PDF



5.

CLARIFICATION OF RCRA REGULATIONS AS
THEY APPLY TO THE USE OF
PERCHLOROETHYLENE IN DRY-CLEANING
PROCESS

6/10/1994

Letter

Yes

Summary

PDF



6.

REGULATORY STATUS OF HIGH PURITY
CHEMICALS THAT ARE INITIALLY USED BY
CUSTOMERS AND THEN SOLD TO OTHER
BUSINESSES FOR FURTHER USE

8/30/1994

Letter

Yes

Summary

PDF



7.

REGULATORY STATUS OF ACRYLIC
PLASTIC DUST

2/6/1995

Memo

Yes

Summary

PDF



8.

REGULATORY STATUS OF CHOPLINE
RESIDUE

11/7/1996

Letter

Yes

Summary

PDF





Return to: SubtoDic View I

CFR View (CFR text) I Main Index







Solder dross

1.

REGULATORY STATUS OF SOLDER DROSS
WHEN SMELTED FOR LEAD RECOVERY

8/13/1985

Letter

Yes

Summary

PDF



2.

SOLDER DROSS GENERATED IN
MANUFACTURING PRINTED CIRCUIT
BOARDS

12/9/1991

Letter

Yes

Summary

PDF





Return to: Subtopic View I

CFR View (CFR text) I Main Index







Resources

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RCK 4 Definition of Solid Waste Compendium - Volume H: Spent Materials

CFR View Index

Return to: Main Index

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

CFR Location

Title/Topic

261.1

Purpose and scope.

261.1(c)

Definitions for the purposes of §§261.2 and 261.6.

261.2

Definition of solid waste.

261.2(c)

Materials are solid wastes if they are recycled.

CFR View - Index

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RCK 4 Definition of Solid Waste Compendium - Volume H: Spent Materials

CFR View

Return to: Main Index
NOTE: The CFR language outline has been formatted
§261.1: Purpose and scope.

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

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

(c) For the purposes of §§261.2 and 261.6:

(1) A "spent material" is any material that has been used and as a result of contamination
can no longer serve the purpose for which it was produced without processing;

[***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 261.1 and 261.2(c)

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RCK 4 Definition of Solid Waste Compendium - Volume H: Spent Materials

§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)

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RCK 4 Definition of Solid Waste Compendium - Volume H: Spent Materials

§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.

[***Remciining section text omitted***]

***End of Spent Materials CFR Excerpts***

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

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RCK 4 Definition of Solid Waste Compendium - Volume H: Spent Materials

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

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