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RCR, 4 Definition of Solid Waste Compendium - Volume B: Abandoned Materials

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 (forward) buttons to navigate between document locations
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2.	Use the Bookmarks listed in the Bookmarks tab (located on the left-hand side of the
document window).

Proceed to: Main Index

Navigation Tips

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RCRA Definition of Solid Waste Compendium - Volume B: Abandoned Materials

Main Index

Volume B: Abandoned Materials

Navigation Tips	i

Main Index	ii

Introduction	iii

Resources	1

CFR View	2

Glossary of Acronyms	3

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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RCR, 4 Definition of Solid Waste Compendium - Volume B: Abandoned 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 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

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RCR, 4 Definition of Solid Waste Compendium - Volume B: Abandoned 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 Abandoned Materials Volume

This volume of the Compendium references resources pertaining to the definition
of "abandoned materials" as it appears in the Definition of Solid Waste regulations at 40
CFR 261.2(b).

This document is organized into two main sections:

•	Resources - lists resources

•	CFR View - CFR language we've reformatted for easy reading

The Resources section is comprised of a table 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 two main sections are cross-referenced, where each section includes hyperlinks to
the other section. 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 the definition of "abandoned materials" as it
relates to the Definition of Solid Waste. For more information regarding the various

Introduction

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RCR, 4 Definition of Solid Waste Compendium - Volume B: Abandoned Materials

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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RCR, 4 Definition of Solid Waste Compendium - Volume B: Abandoned Materials

Resources

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

Resource

Document
Date

Type

Topic is
Focus?

Link to EPA
Summary

Link to
Resource

1.

50 FR 614 - Amendments to Definition of Solid
Waste (Final) [p. 627]

1/4/1985

Federal
Register

Yes

N/A

PDF

2.

ACCUMULATION OF SECONDARY
MATERIAL - ABANDONED VS. DISPOSED OF

7/1/1985

Letter

Yes

Summary

PDF

3.

DETONATING EXPLOSIVE WASTES

11/30/1987

Letter

No

Summary

PDF

4.

SLUDGES WITHIN SURFACE
IMPOUNDMENTS, NEWLY REGULATED DUE
TO TC RULE

3/8/1991

Memo

No

Summary

PDF

5.

REGULATORY STATUS OF GASOLINE
SPILLS

2/2/1998

Letter

Yes

Summary

PDF

6.

§261.2(b) - Definition of solid waste: Abandoned
materials

N/A

Code of
Federal
Regulations

N/A

N/A

e-CFR

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

Resources

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RCR, 4 Definition of Solid Waste Compendium - Volume B: Abandoned Materials

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: Main Index
[* **1*receding section text omitted***]

(b) Materials are solid waste if they are abandoned by being:

(1)	Disposed of; or

(2)	Burned or incinerated; or

(3)	Accumulated, stored, or treated (but not recycled) before or in lieu of being
abandoned by being disposed of, burned, or incinerated.

[***Remaining section text omitted***\

***End of Abandoned Materials CFR Excerpts ***

CFR View - 40 CFR 261.2(b)

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RCR, 4 Definition of Solid Waste Compendium - Volume B: Abandoned 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

TC

Toxicity Characteristics

Glossary of Acronyms

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