Solid/Hazardous Waste

Exemptions and Exclusions

What is a Solid Waste ?

A solid waste is a discarded material not excluded in 261.4 or by a variance [261.2(a)(1)].

A discarded material is [261.2(a)(2)(i)]:• Abandoned [261.2(a)(2)(i)(A)]• Recycled (with some

exceptions) [261.2(a)(2)(i)(B)]• Inherently waste-like [261.2(a)

(2)(i)(C)]• Some military munitions

[261.2(a)(2)(i)(D)]

Basically anything that you can no longer use for its intended purposed

What is Abandoned ?

Abandoned [261.2(a)(2)(i)(A) and 261.2(b)]:

• Disposed of;• Burned or incinerated; or• Accumulated, stored, or treated (but not recycled) before or

in lieu of being abandoned by being disposed of, burned, or incinerated.

What is Recycled ?

Recycled [261.2(a)(2)(i)(B) and 261.2(c)]:

A material is “recycled” if it is used, reused or reclaimed [261.1(c)(7)].

Materials are solid wastes if they are recycled (or accumulated, stored or treated before recycling): • (1) Used in a manner constituting disposal, • (2) Burning for energy recovery, • (3) Reclaimed• (4) Accumulated speculatively

What is Use Constituting Disposal?

Used in a manner constituting disposal 261.2(c)(1):

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 • (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 – For example – HW added to concrete.

Note, 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 – For example - pesticides

What is Burning for Energy Recovery?

• Burning for Energy Recovery 261.2(c)(2):

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 case the fuel itself remains a solid waste) – For example – F005 spent solvent still bottoms

Note, commercial chemical products listed in 261.33 are not solid wastes if they are themselves fuels – For example – unused benzene since it is a normal component of fuel

What is Reclaimed?

Reclaimed 261.2(c)(3):A material is “reclaimed” if it processed to recover a useable product, or if it is regenerated. Examples are recovery of lead values from spent batteries and regeneration of spent solvents.

Materials noted with a “*” in Column 3 of Table 1 are solid wastes when reclaimed (except as provided in 261.4(a)(17) - some mineral processing wastes). Materials noted with a “--” in column 3 of Table 1 are not solid wastes when reclaimed

Note: Florida has not adopted the new Definition of Solid Waste (2009 regs to present) [261.2(a)(2)(ii) and 261.2(c)(3)]

Reclamation Example?

Silver waste from a photo shop:

Liquid would be a D011 hazardous waste, but it can be managed under 266 Subpart F for precious metal recovery

If they use an on-site recovery unit, waste from the unit would be generated. This is waste from a water pollution control device, so it is a “sludge” by definition. When reclaimed, characteristic sludges reclaimed are not solid wastes.

What is Accumulated Speculatively?

• Accumulated Speculatively 261.2(c)(4):

Materials noted with a “*” in Column 4 of Table 1 are solid wastes when accumulated speculatively.

A material is “accumulated speculatively” when it is accumulated before being recycled [261.1(c)(8)]. In order for it to not be speculative accumulation, a person must show:• That the material is potentially recyclable• Has a feasible means of being recycled• The amount during a calendar year that is recycled or transferred

to different site for recycling equals at least 75% by weight or volume of the amount accumulated at the beginning of the period

What is Inherently Waste-Like?

Inherently Waste-Like 261.2(d):

The following materials are solid wastes when they are recycled in any manner:

• F020, F021 (unless used as an ingredient at the point of generation to make a product), F022, F023, F026, and F028

• Secondary materials fed to a halogen acid furnace that exhibit a characteristic or are listed, except for certain brominated materials

• Other wastes deemed by EPA as Inherently Waste-Like

What is a Military Munition?

Military Munition identified as a solid waste in 266.202:

If unused it is a solid waste when:• It’s abandoned by being disposed of, burned, detonated (except during intended

use), incinerated, or treated prior to disposal; or• It is removed from storage in a military magazine or other storage area for the

purpose of being disposed of, burned, or incinerated, or treated prior to disposal, or• It is deteriorated or damaged to the point that it cannot be put into serviceable

condition, and cannot reasonably be recycled or used for other purposes; or• It has been declared a solid waste by an authorized military official

If used it is a solid waste when:• Transported off-range or from the site of use, where the site of use is not a range,

for the purposes of storage, reclamation, treatment, disposal, or treatment prior to disposal; or

• It is recovered, collected, and then disposed of by burial, or landfilling either on or off a range

40 CFR 261 Table 1 – SW When Recycled?

Classes of Secondary Materials

Use Constituting

Disposal

Energy Recovery

/ FuelReclamation

Speculative Accumulation

Spent Materials * * * *

Sludges (listed) * * * *

Sludges (characteristic) * * Not SW when recycled *

By-Products (listed) * * * *

By-Products (characteristic) * * Not SW when recycled *

Commercial Chemical Products * * Not SW when recycled Not SW when recycled

Scrap Metal not excluded under 261.4(a)(13) * * * *

* Solid waste when recycled

Types of Recycling

Recycling Exemption

Materials are not Solid Waste when recycled by being [261.2(e)]:

• Used or reused as ingredients in an industrial process to make a product, provided they are not being reclaimed; or

• Used or reused as effective substitutes for commercial products; or

• Returned to the original process from which they were generated, without being reclaimed or land disposed (used as a substitute for feedstock materials).

Mechanisms to Ensure Proper Recycling

Legitimate vs. sham recycling:• Legitimate recycling must involve a material

that provides a useful contribution to the recycling process or product.

• Legitimate recycling must produce a product or intermediate that is valuable.

• The generator and recycler should manage the material as a valuable commodity.

• The product of recycling should not contain significant concentrations of hazardous constituents not found in analogous products (i.e. Toxics-Along-for-the-Ride or TARs).

Five Types of Secondary Materials

• Spent Materials• Sludges• By-products• Commercial Chemical Products• Scrap Metal

Spent Material

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 [261.2(c)(1)]

• Spent solvents• Spent catalysts• Spent pickle liquor• Spent plating bath solutions

Sludge

A sludge is any solid, semisolid, 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

• Wastewater treatment plant sludges• Electric arc furnace

dust (K061)• Baghouse dust

By-Product

A “by-product” is a material that is not one of the primary products of a production process and is not solely or separately produced by the production process

• Not intentionally produced• Needs further processing

• Distillation column bottoms• Heavy ends• Slag

Co-Product

A co-product is a material intentionally produced by the manufacturing process and ordinarily used in its existing state as a commodity in trade by the general public

Co-products:• have a recognized use and a legitimate or guaranteed market• are manufactured to specifications• must be usable without reprocessing• are managed as a valuable commodity

Co-products are not subject to RCRA regulation if they are used for their intended purpose.

Example: Gasoline, kerosene, fuel oil, and asphalt are co-products from petroleum refining. Petroleum tank bottoms are a by-product.

Commercial Chemical Product (CCP)

CCP is unused product (e.g., off-specification chemical)• Any kind of unused product – doesn’t have to

be listed in §261.33 (P and U wastes)– paint– batteries– circuit boards– pesticides – off-spec chemical– etc.

Scrap MetalScrap metal is bits and pieces of metal parts …or metal pieces that may be combined together with bolts or soldering … which when worn or superfluous can be recycled

– Sheet metal– Wire– Metal tanks and containers– Scrap automobiles– Machine shop turnings

Scrap Metal

Scrap Metal (cont.)

Regulated scrap metal is scrap metal that is not excluded under 261.4(a)(13).

Examples include scrap metal that is discarded or improperly managed prior to recycling, small fines generated during shredding of circuit boards, solder skimmings or dross.

Solid Waste Exclusions40 CFR 261.4(a)

Materials which are not solid wastes. The following materials are not solid waste:

261.4(a)(1)

Solid Waste Exclusions40 CFR 261.4(a)

Domestic sewage and mixtures of domestic sewage

Domestic sewage or any mixture of domestic sewage and other waste that passes through a sewer system to a publicly-owned treatment works.

62-730.030(4)(a), F.A.C. - “With respect to a claim that a substance…is not a solid waste because it is a mixture of domestic sewage and other wastes that passes through a sewer system to a … POTW for treatment … ‘appropriate documentation’ shall mean a copy of notification to the POTW and the Department …”

This exclusion does not include discharges to septic

tanks.

Solid Waste Exclusions

261.4(a)(2)

261.4(a)(3)

261.4(a)(4)

Solid Waste Exclusions40 CFR 261.4(a)

Industrial point source discharges

Irrigation return flows

Source, spent nuclear or by-product as defined by the AEA

261.4(a)(5)

261.4(a)(6)

261.4(a)(7)

261.4(a)(8)

Solid Waste Exclusions40 CFR 261.4(a)

In-situ mining materials

Pulping liquors

Spent sulfuric acid used to produce sulfuric acid

Secondary materials reclaimed in a closed-loop process in tanks

261.4(a)(9)

261.4(a)(10)

261.4(a)(11)

261.4(a)(12)

Solid Waste Exclusions40 CFR 261.4(a)

Spent wood preservatives (when reused)

Coke by-product wastes (some K-wastes)

Splash condenser dross residues

Oil-bearing hazardous secondary materials generated and recycled within the petroleum refining industry

261.4(a)(13)

261.4(a)(14)

261.4(a)(15)

261.4(a)(16)

Solid Waste Exclusions40 CFR 261.4(a)

Excluded scrap metal

Shredded circuit boards

Pulping condensates derived from Kraft mill steam strippers

Comparable fuels or syngas fuels

261.4(a)(17)

261.4(a)(18)

261.4(a)(19)

261.4(a)(20)

Solid Waste Exclusions 40 CFR 261.4(a)

Mineral processing spent materials being recycled

Petrochemical recovered oil

Spent caustic solutions from petroleum refining

Hazardous secondary materials used to make zinc fertilizers

261.4(a)(21)

261.4(a)(22)

Solid Waste Exclusions40 CFR 261.4(a)

Zinc fertilizers made from hazardous secondary materials

Used cathode ray tubes (CRTs)

Solid Waste Exclusions

Used, intact CRTs are not solid waste if they are:• not disposed• not speculatively accumulated by CRT

collectors or glass processors

Used, intact CRTs are not solid waste when exported if they are: • not speculatively accumulated• notification requirements are met

Used broken CRTs and glass removed from CRTs are not solid waste, provided they meet the requirement of 40 CFR 261.39. (storage, labeling, transportation, UCD, processing and export requirements).

Used Cathode Ray Tubes (CRTs)

261.4(a)(26)

Solid Waste Exclusions40 CFR 261.4(a)

Some solvent-contaminated wipes that are cleaned and reused

Note: Florida has not adopted the SW exclusions in 261.2(a)(2)(ii) and 261.4(a)(23-25) for hazardous secondary materials generated and reclaimed under the control of the generator, transferred to another person for reclamation, or exported and reclaimed in a foreign country.

Available Tools and Information

• http://www.epa.gov/solidwaste/hazard/dsw/resources.htm

• Definition of Solid Waste Decision Tool• A useful tool that has a ten-step process to help make HW

determination and it can generate “Outcome” reports• http://www.epa.gov/osw/hazard/dsw/tool.htm

Definition of Solid Waste Flowchart

Documentation of Claims that Materials are Not Solid Waste or are Conditionally Exempt from

Regulation

Documentation of claims that materials are not solid wastes - 261.2(f):

Respondents in actions to enforce regulations who raise a claim that a certain material is not a solid waste, or is conditionally exempt from regulation must:

• Demonstrate the presence of a known market or disposition for the material

• Demonstrate that they meet the terms of the exclusion or the exemption

• Provide adequate documentation that:

• The material is not a waste or is exempt from regulation

• Recyclers/reclaimers must show they have the necessary equipment to recycle the material

Questions?