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EPA530-R-07-003
May 2008
Version 1
Definition of Solid Waste Compendium
Volume G: Speculative Accumulation
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 G: Speculative Accumulation
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RCRA Definition of Solid Waste Compendium - Volume G: Speculative Accumulation
Main Index
Volume G: Speculative Accumulation
Navigation Tips i
Main Index ii
Introduction iii
Sub topic View 1
Resources by Subtopic 2
CFR View Index 3
Glossary of Acronyms 7
Compendium Volumes
Volume
A
B
C
D
E
F
G
H
I
J
K
L
M
N
0
P
Q
R
S
T
U
V
Main Index ii
Topic
Exclusions
Abandoned Materials
Military Munitions
Use Constituting Disposal (UCD)
Burning for Energy Recovery
Reclamation
Speculative Accumulation
Spent Materials
Sludges
By-Products
Commercial Chemical Products
Inherently Waste-Like Materials
Use/Reuse
Legitimate Recycling
Recyclable Materials
Precious Metals Reclamation
Spent Lead-Acid Batteries
Universal Waste
Case-by-Case Variances
Incidental Processing
(Un)-Contained Gases
Waste-Specific Issues
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RCR, 4 Definition of Solid Waste Compendium - Volume G: Speculative Accumulation
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 G: Speculative Accumulation
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 Speculative Accumulation Volume
This volume of the Compendium lists resources pertaining to the speculative
accumulation provision that appears in the Definition of Solid Waste regulations at 40
CFR 261.2(c)(4). This part indicates which materials are solid wastes, and those that are
not, when accumulated speculatively prior to recycling. The definition of "accumulated
speculatively" is found at 40 CFR 261.1(c)(8).
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 speculative accumulation
resources. The Resources section is comprised of a table, arranged by subtopic, that
provides basic details about and a hyperlink to each resource. The CFR View section
provides reformatted versions of the relevant CFR language. As noted previously, this
reproduced language is not a substitute for the CFR itself or the requirements in the CFR.
Additionally, the Government Printing Office frequently updates the e-CFR Web site to
which the document is linked; where appropriate, hyperlinks to the respective CFR
section at the e-CFR Web site are provided. These three main sections are cross-
referenced, where each section includes hyperlinks to the other sections. Please see the
"Navigation Tips" section for document navigation guidance.
Introduction
iv
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RCR, 4 Definition of Solid Waste Compendium - Volume G: Speculative Accumulation
This reference document does not provide guidance on solid waste or hazardous
waste regulations beyond issues concerning the speculative accumulation provision in the
Definition of Solid Waste regulations. For more information regarding the various
regulations applied to facilities generating or managing hazardous waste, see Hazardous
Waste Generators: A User Friendly Reference Document.
The Compendium volumes are also available in Microsoft Word format from
EPA upon request. For more information on these versions and any other questions or
comments concerning this document, please contact EPA's Office of Solid Waste:
Amanda Geldard
geldard.amanda@epa.gov
(703) 347-8975
Teena Wooten
wooten.teena@epa.gov
(703) 308-8751
Introduction
v
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RCR, 4 Definition of Solid Waste Compendium - Volume G: Speculative Accumulation
Subtopic View
Return to: CFR View (CFR text) | Main Index
Speculative Accumulation [§§261.1(c)(8), 261.2(c)(4)]
Resource Index:
• Resources applicable to all subtopics
• Resources specific to subtopic:
o Applicability
o Purpose and applicability
o Other
Subtopic View
1
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RCR, 4 Definition of Solid Waste Compendium - Volume G: Speculative Accumulation
Resources by Subtopic
Return to: Subtopic View | CFR View (CFR text) | Main Index
Subtopic
Resource
Document
Date
Type
Topic is
Focus?
Link to EPA
Summary
Link to
Resource
Resources
applicable to
all subtopics
1.
48 FR 14472 - Amendments to Definition of
Solid Waste (Proposed) [pp. 14489-14490]
4/4/1983
Federal
Register
Yes
N/A
PDF
2.
50 FR 614 - Amendments to Definition of Solid
Waste (Final) [pp. 617, 634-637, 650, 654]
1/4/1985
Federal
Register
Yes
N/A
PDF
3.
§261.1(c)(8) - Definition of "accumulated
speculatively"
N/A
Code of
Federal
Regulations
Yes
N/A
e-CFR
4.
§261.2(c)(4) - Definition of solid waste
N/A
Code of
Federal
Regulations
Yes
N/A
e-CFR
Return to: Subtopic View I
CFR View (CFR text) I Main Index
Applicability
1.
SPENT SULFURIC ACID ACCUMULATED
SPECULATIVELY
5/26/1988
Letter
Yes
Summary
PDF
2.
SPENT LEAD-ACID BATTERIES
MANAGEMENT
10/19/1989
Letter
No
Summary
PDF
Return to: Subtopic View I
CFR View (CFR text) I Main Index
Purpose and
applicability
1.
CLARIFICATION OF THE TERM ""WHEN"" IN
40 CFR 261.2(C)
5/6/1993
Letter
No
Summary
PDF
2.
PURPOSE AND APPLICABILITY OF
SPECULATIVE ACCUMULATION PROVISION
8/1/1995
Q&A
Yes
Summary
PDF
Return to: Subtopic View I
CFR View (CFR text) I Main Index
Other
1.
LABORATORIES, RCRA REGULATION
IMPACT
11/28/1990
Letter
No
Summary
PDF
2.
SPECULATIVE ACCUMULATION
CALCULATION
2/1/1992
Q&A
Yes
Summary
PDF
3.
INTERACTION OF SPECULATIVE
ACCUMULATION AND GENERATOR
ACCUMULATION PROVISIONS
4/6/1998
Letter
Yes
Summary
PDF
Return to: Subtopic View | CFR View (CFR text) | Main Index
Resources
2
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RCR, 4 Definition of Solid Waste Compendium - Volume G: Speculative Accumulation
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
3
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RCR 4 Definition of Solid Waste Compendium - Volume G: Speculative Accumulation
CFR View
Return to: Main Index
NOTE: The CFR language outline has been formatted
§261.1: Purpose and scope.
View Resources | Go to e-CFR | Return to: CFR Index | Subtopic View | Main Index
[* **1*receding section text omitted***]
(c) For the purposes of §§261.2 and 261.6:
[* * * Preceding part text omitted* * *]
(8) A material is "accumulated speculatively" if it is accumulated before being recycled.
A material is not accumulated speculatively, however, if the person accumulating it can
show that the material is potentially recyclable and has a feasible means of being
recycled; and that—during the calendar year (commencing on January 1)—the amount of
material that is recycled, or transferred to a different site for recycling, equals at least 75
percent by weight or volume of the amount of that material accumulated at the beginning
of the period. In calculating the percentage of turnover, the 75 percent requirement is to
be applied to each material of the same type (e.g., slags from a single smelting process)
that is recycled in the same way (i.e., from which the same material is recovered or that
is used in the same way). Materials accumulating in units that would be exempt from
regulation under §261.4(c) are not to be included in making the calculation. (Materials
that are already defined as solid wastes also are not to be included in making the
calculation.) Materials are no longer in this category once they are removed from
accumulation for recycling, however.
\***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:
CFR View - 40 CFR 261.1(c) and 261.2(c)
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RCR, 4 Definition of Solid Waste Compendium - Volume G: Speculative Accumulation
§261.2: Definition of solid waste (cont.).
View Resources | Go to e-CFR | Return to: CFR Index | Subtopic View | Main Index
(A) Applied to or placed on the land in a manner that constitutes disposal;
or
(B) Used to produce products that are applied to or placed on the land or
are otherwise contained in products that are applied to or placed on the
land (in which cases the product itself remains a solid waste).
(ii) However, commercial chemical products listed in §261.33 are not solid wastes
if they are applied to the land and that is their ordinary manner of use.
(2) Burning for energy recovery.
(i) Materials noted with a in column 2 of Table 1 are solid wastes when they
are:
(A) Burned to recover energy;
(B) Used to produce a fuel or are otherwise contained in fuels (in which
cases the fuel itself remains a solid waste).
(ii) However, commercial chemical products listed in §261.33 are not solid wastes
if they are themselves fuels.
(3) Reclaimed. Materials noted with a in column 3 of Table 1 are solid wastes when
reclaimed (except as provided under §261.4(a)(17)). Materials noted with a "—"in
column 3 of Table 1 are not solid wastes when reclaimed. (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.)
5
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RCR, 4 Definition of Solid Waste Compendium - Volume G: Speculative Accumulation
§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 Speculative Accumulation CFR Excerpts***
CFR View - 40 CFR 261.2(c){cont)
6
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RCR, 4 Definition of Solid Waste Compendium - Volume G: Speculative Accumulation
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
7
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