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EPA530-R-07-003
February 2008
Version 1
Definition of Solid Waste Compendium
Volume D: Use Constituting Disposal
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 D: Use Constituting Disposal
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i
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RCRA Definition of Solid Waste Compendium - Volume D: Use Constituting Disposal
Main Index
Volume D: Use Constituting Disposal
Navigation Tips i
Main Index ii
Introduction iii
Sub topic View 1
Resources by Subtopic 2
CFR View Index 5
Glossary of Acronyms 10
Compendium Volumes
Volume
A
B
C
D
E
F
G
H
I
J
K
L
M
N
O
P
Q
R
S
T
U
V
Main Index ii
Topic
Exclusions
Abandoned Materials
Military Munitions
Use Constituting Disposal (UCD)
Burning for Energy Recovery
Reclamation
Speculative Accumulation
Spent Materials
Sludges
By-Products
Commercial Chemical Products
Inherently Waste-Like Materials
Use/Reuse
Legitimate Recycling
Recyclable Materials
Precious Metals Reclamation
Spent Lead-Acid Batteries
Universal Waste
Case-by-Case Variances
Incidental Processing
(Un)-Contained Gases
Waste-Specific Issues
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RCR, 4 Definition of Solid Waste Compendium - Volume D: Use Constituting Disposal
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 D: Use Constituting Disposal
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 Use Constituting Disposal Volume
This volume of the Compendium references resources pertaining to the definition
of "used in a manner constituting disposal" as it appears in the Definition of Solid Waste
regulations at 40 CFR 261.2(c)(1), as well as the hazardous waste recycling regulations
for recyclable materials that are used in a manner constituting disposal located at 40 CFR
266.20-266.23.
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
definition of "used in a manner constituting disposal" as it relates to the Definition of
Solid Waste and the hazardous waste recycling regulations for recyclable materials that
are used in a manner constituting disposal. 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
Introduction
iv
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RCR, 4 Definition of Solid Waste Compendium - Volume D: Use Constituting Disposal
the other sections. Please see the "Navigation Tips" section for document navigation
guidance.
This reference document does not provide guidance on solid waste or hazardous
waste regulations beyond issues concerning resources pertaining to the definition of
"used in a manner constituting disposal" as it relates to the Definition of Solid Waste and
the hazardous waste recycling regulations for recyclable materials that are used in a
manner constituting disposal. 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 D: Use Constituting Disposal
Subtopic View
Return to: CFR View (CFR text) | Main Index
Use Constituting Disposal [§§261.2(c)(l), 266.20-266.23]
Resource Index:
• Resources applicable to all subtopics
• Resources specific to subtopic:
o
Anti-skid asent
o
Chemical reaction
o
Fertilizers
o
Wastewater conditioner
o
Other
Subtopic View
1
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RCR, 4 Definition of Solid Waste Compendium - Volume D: Use Constituting Disposal
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. 627-628, 646-647]
1/4/1985
Federal
Register
Yes
N/A
PDF
2.
52 FR 21306 - Amendments to Definition of
Solid Waste (Technical Corrections) [All pages]
6/5/1987
Federal
Register
Yes
N/A
PDF
3.
53 FR 31138 - Land Disposal Restrictions for
First Third Scheduled Wastes (Final) [pp.
31197-31198]
8/17/1988
Federal
Register
Yes
N/A
PDF
4.
54 FR 36967 - Land Disposal Restrictions
(Correction) [pp. 36969-36970]
9/6/1989
Federal
Register
Yes
N/A
PDF
5.
59 FR 8583 - Amendment to Subpart C -
Recyclable Materials Used in a Manner
Constituting Disposal (Proposed) [All pages]
2/23/1994
Federal
Register
Yes
N/A
PDF
6.
59 FR 43496 - Amendment to Subpart C -
Recyclable Materials Used in a Manner
Constituting Disposal (Final) [All pages]
8/24/1994
Federal
Register
Yes
N/A
PDF
7.
59 FR 67256 - Standards for the Management
and Use of Slag Residues Derived from HTMR
Treatment of K061, K062, and F006 Wastes
(Proposed) [All pages]
12/29/1994
Federal
Register
Yes
N/A
PDF
8.
65 FR 70954 - Requirements for Zinc Fertilizers
Made From Recycled Hazardous Secondary
Materials (Proposed) [pp. 70954-70974]
11/28/2000
Federal
Register
Yes
N/A
PDF
9.
67 FR 48393 - Zinc Fertilizers Made From
Recycled Hazardous Secondary Materials
(Final) [All pages]
7/24/2002
Federal
Register
Yes
N/A
PDF
10.
§261.2(c)(1) - Definition of solid waste: Materials
are solid wastes if they are recycled —or
accumulated, stored, or treated before recycling:
Used in a manner constituting disposal.
N/A
Code of
Federal
Regulations
Yes
N/A
e-CFR
11.
§266.20 - Applicability.
N/A
Code of
Federal
Regulations
Yes
N/A
e-CFR
Resources 2
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RCR, 4 Definition of Solid Waste Compendium - Volume D: Use Constituting Disposal
Subtopic
Resource
Document
Date
Type
Topic is
Focus?
Link to EPA
Summary
Link to
Resource
12.
§266.21 - Standards applicable to generators
and transporters of materials used in a manner
that constitutes disposal.
N/A
Code of
Federal
Regulations
Yes
N/A
e-CFR
13.
§266.22 - Standards applicable to storers of
materials that are to be used in a manner that
constitutes disposal who are not the ultimate
users.
N/A
Code of
Federal
Regulations
Yes
N/A
e-CFR
14.
§266.23 - Standards applicable to users of
materials that are used in a manner that
constitutes disposal.
N/A
Code of
Federal
Regulations
Yes
N/A
e-CFR
Return to: Subtopic View I
CFR View (CFR text) I Main Index
Anti-skid
agent
1.
RESPONSE TO PETITION ON PROHIBITION
OF USE OF SLAG FROM HIGH
TEMPERATURE METALS RECOVERY AS
ANTI-SKID/DEICING AGENT
2/16/1995
Letter
Yes
Summarv
PDF
Return to: SubtoDic View I
CFR View (CFR text) I Main Index
Chemical
reaction
1.
INDUSTRIAL FURNACES BURNING
HAZARDOUS WASTES AND THE RESIDUALS
GENERATED (LOUISIANA REG)
4/15/1987
Letter
No
Summary
PDF
Return to: SubtoDic View I
CFR View (CFR text) I Main Index
Fertilizers
1.
EXEMPTION FOR COMMERCIAL
FERTILIZERS ONCE THE FERTILIZER IS
PRODUCED
8/21/1986
Letter
Yes
Summary
PDF
2.
COMMERCIAL FERTILIZERS VERSUS SOIL
AMENDMENTS
9/3/1987
Memo
Yes
Summary
PDF
3.
MATERIALS USED IN FERTILIZER
PRODUCTION MANAGEMENT
10/11/1991
Letter
No
Summary
PDF
4.
REGULATORY STATUS OF THE
MANUFACTURE AND USE OF WASTE-
DERIVED FERTILIZER
9/23/1993
Letter
Yes
Summary
PDF
Resources
3
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RCR, 4 Definition of Solid Waste Compendium - Volume D: Use Constituting Disposal
Subtopic
Resource
Document
Date
Type
Topic is
Focus?
Link to EPA
Summary
Link to
Resource
5.
INTERPRETATION OF USE CONSTITUTING
DISPOSAL PROVISION AS IT APPLIES TO
ZINC MICRONUTRIENTS IN FERTILIZER
6/6/1997
Letter
Yes
Summary
PDF
6.
SPENT SULFURIC ACID EXCLUSION AND
USE CONSTITUTING DISPOSAL
6/1/1999
Q & A
No
Summary
PDF
Return to: Subtopic View I
CFR View (CFR text) I Main Index
Wastewater
conditioner
1.
SPENT PICKLE LIQUOR, USE/REUSE
EXEMPTION AS APPLIED TO
6/5/1985
Memo
Yes
Summary
PDF
Return to: SubtoDic View I
CFR View (CFR text) I Main Index
Other
1.
USE CONSTITUTING DISPOSAL
11/1/1985
Q & A
Yes
Summary
PDF
2.
LAND DISPOSAL RESTRICTIONS AND USE
CONSTITUTING DISPOSAL
8/1/2001
Q & A
Yes
Summary
PDF
Return to: Subtopic View I
CFR View (CFR text) I Main Index
Resources
4
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RCR, 4 Definition of Solid Waste Compendium - Volume D: Use Constituting Disposal
CFR View Index
Return to: Main Index
NOTE: The CFR links in the below index are internal to this document.
CFR Location
Title/Topic
261.2
Definition of solid waste.
261.2(c)
Materials are solid wastes if they are recycled.
266.20
Applicability (of Subpart C—Recyclable Materials Used in a
Manner Constituting Disposal).
266.21
Standards applicable to generators and transporters of
materials used in a manner that constitutes disposal.
266.22
Standards applicable to storers of materials that are to be
used in a manner that constitutes disposal who are not the
ultimate users.
266.23
Standards applicable to users of materials that are used in a
manner that constitutes disposal.
CFR View - Index
5
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RCR, 4 Definition of Solid Waste Compendium - Volume D: Use Constituting Disposal
CFR View
Return to: Main Index
NOTE: The CFR language outline has been formatted
§261.2: Definition of solid waste.
View Resources | Go to e-CFR | Return to: CFR Index | Subtopic View | Main Index
[* **1*receding section text omitted***]
(c) Materials are solid wastes if they are recycled —or accumulated, stored, or treated before
recycling—as specified in paragraphs (c)(1) through (4) of this section.
(1) Used in a manner constituting disposal.
(i) Materials noted with a in Column 1 of Table 1 are solid wastes when they
are:
(A) Applied to or placed on the land in a manner that constitutes disposal;
or
(B) Used to produce products that are applied to or placed on the land or
are otherwise contained in products that are applied to or placed on the
land (in which cases the product itself remains a solid waste).
(ii) However, commercial chemical products listed in §261.33 are not solid wastes
if they are applied to the land and that is their ordinary manner of use.
(2) Burning for energy recovery.
(i) Materials noted with a in column 2 of Table 1 are solid wastes when they
are:
(A) Burned to recover energy;
(B) Used to produce a fuel or are otherwise contained in fuels (in which
cases the fuel itself remains a solid waste).
(ii) However, commercial chemical products listed in §261.33 are not solid wastes
if they are themselves fuels.
(3) Reclaimed. Materials noted with a in column 3 of Table 1 are solid wastes when
reclaimed (except as provided under §261.4(a)(17)). Materials noted with a "—"in
column 3 of Table 1 are not solid wastes when reclaimed.
CFR View - 40 CFR 261.2(c)
6
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RCR, 4 Definition of Solid Waste Compendium - Volume D: Use Constituting Disposal
§261.2: Definition of solid waste (cont.).
View Resources | Go to e-CFR | Return to: CFR Index | Subtopic View | Main Index
(4) Accumulated speculatively. Materials noted with a in column 4 of Table 1 are
solid wastes when accumulated speculatively.
Use
constituting
disposal
(§261.2(c)(l))
Energy
recovery/ fuel
(§261.2(c)(2))
Reclamation
(§261.2(c)(3))
(except as provided
in 261.4(a)(17) for
mineral processing
secondary
materials)
Speculative
accumulation
(§261.2(c)(4))
Spent Materials
(*)
(*)
(*)
(*)
Sludges (listed
in 40 CFR Part
261.31 or
261.32
(*)
(*)
(*)
(*)
Sludges
exhibiting a
characteristic of
hazardous waste
(*)
(*)
—
(*)
By-products
(listed in 40
CFR 261.31 or
261.32)
(*)
(*)
(*)
(*)
By-products
exhibiting a
characteristic of
hazardous waste
(*)
(*)
—
(*)
Commercial
chemical
products listed
in 40 CFR
261.33
(*)
(*)
—
—
Scrap metal
other than
excluded scrap
metal (see
261.1(c)(9))
(*)
(*)
(*)
(*)
Note: The terms "spent materials," "sludges," "by-products," and "scrap metal" and
"processed scrap metal" are defined in §261.1.
|~***Remaining section text omitted***]
CFR View - 40 CFR 261.2(c){cont)
1
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RCR, 4 Definition of Solid Waste Compendium - Volume D: Use Constituting Disposal
§266.20: Applicability.
View Resources | Go to e-CFR | Return to: CFR Index | Subtopic View | Main Index
(a) The regulations of this subpart apply to recyclable materials that are applied to or
placed on the land:
(1) Without mixing with any other substance(s); or
(2) After mixing or combination with any other substance(s). These materials will
be referred to throughout this subpart as "materials used in a manner that
constitutes disposal."
(b) Products produced for the general public's use that are used in a manner that
constitutes disposal and that contain recyclable materials are not presently subject to
regulation if the recyclable materials have undergone a chemical reaction in the course of
producing the products so as to become inseparable by physical means and if such
products meet the applicable treatment standards in subpart D of part 268 (or applicable
prohibition levels in §268.32 or RCRA section 3004(d), where no treatment standards
have been established) for each recyclable material (i.e., hazardous waste) that they
contain.
(c) Anti-skid/deicing uses of slags, which are generated from high temperature metals
recovery (HTMR) processing of hazardous waste K061, K062, and F006, in a manner
constituting disposal are not covered by the exemption in paragraph (b) of this section
and remain subject to regulation.
(d) Fertilizers that contain recyclable materials are not subject to regulation provided that:
(1) They are zinc fertilizers excluded from the definition of solid waste according
to §261.4(a)(21) of this chapter; or
(2) They meet the applicable treatment standards in subpart D of Part 268 of this
chapter for each hazardous waste that they contain.
[50 FR 666, Jan. 4, 1985, as amended at 52 FR 21307, June 5, 1987; 54 FR 36970, Sept.
6, 1989; 59 FR 43500, Aug. 24, 1994; 67 FR 48414, July 24, 2002]
§266.21: Standards applicable to generators and transporters of materials used in a
manner that constitutes disposal.
View Resources | Go to e-CFR | Return to: CFR Index | Subtopic View | Main Index
Generators and transporters of materials that are used in a manner that constitutes disposal are
subject to the applicable requirements of parts 262 and 263 of this chapter, and the notification
requirement under section 3010 of RCRA.
CFR View - 40 CFR 266.20-266.21
8
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RCR, 4 Definition of Solid Waste Compendium - Volume D: Use Constituting Disposal
§266.22: Standards applicable to storers of materials that are to be used in a manner that
constitutes disposal who are not the ultimate users.
View Resources | Go to e-CFR | Return to: CFR Index | Subtopic View | Main Index
Owners or operators of facilities that store recyclable materials that are to be used in a manner
that constitutes disposal, but who are not the ultimate users of the materials, are regulated under
all applicable provisions of subparts A through L of parts 264 and 265 and parts 270 and 124 of
this chapter and the notification requirement under section 3010 of RCRA.
§266.23: Standards applicable to users of materials that are used in a manner that
constitutes disposal.
View Resources | Go to e-CFR | Return to: CFR Index | Subtopic View | Main Index
(a) Owners or operators of facilities that use recyclable materials in a manner that
constitutes disposal are regulated under all applicable provisions of subparts A through N
of parts 124, 264, 265, 268, and 270 of this chapter and the notification requirement
under section 3010 of RCRA. (These requirements do not apply to products which
contain these recyclable materials under the provisions of §266.20(b) of this chapter.)
(b) The use of waste or used oil or other material, which is contaminated with dioxin or
any other hazardous waste (other than a waste identified solely on the basis of
ignitability), for dust suppression or road treatment is prohibited.
[50 FR 666, Jan. 4, 1985, as amended at 50 FR 28750, July 15, 1985; 59 FR 48042, Sept.
19, 1994]
***End of Use Constituting Disposal CFR Excerpts ***
CFR View - 40 CFR 266.22-266.23
9
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RCR, 4 Definition of Solid Waste Compendium - Volume D: Use Constituting Disposal
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
HTMR
High Temperature Metal Recovery
RCRA
Resource Conservation and Recovery Act
UCD
Use Constituting Disposal
Glossary of Acronyms
10
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