⚫T/S/D stands for Treatment, Storage, or Disposal •• 0/0 stands for Owners or Operators -Stop operations, if any -Send waste inventory, if any, to a facility whose owner or operator has interim status, or a permit, following the Part 262 rules -Apply for permit under Part 270 & resume or commence operations only after permit is issued by EPA under Parts 270, 124 and 264, or hy a State with an EPAapproved hazardous waste permit program. [45 FR 33073, May 19, 1980, as amended at 48 FR 14293, Apr. 1, 1983] § 261.1 Purpose and scope. (a) This part identifies those solid wastes which are subject to regulation as hazardous wastes under parts 262 through 265, 268, and parts 270, 271, and 124 of this chapter and which are subject to the notification requirements of section 3010 of RCRA. In this part: (1) Subpart A defines the terms "solid waste" and "hazardous waste", identifies those wastes which are excluded from regulation under parts 262 through 266, 268 and 270 and establishes special management requirements for hazardous waste produced by conditionally exempt small quantity generators and hazardous waste which is recycled. (2) Subpart B sets forth the criteria used by EPA to identify characteristics of hazardous waste and to list particular hazardous wastes. (3) Subpart C identifies characteristics of hazardous waste. (4) Subpart D lists particular hazardous wastes. (b)(1) The definition of solid waste contained in this part applies only to wastes that also are hazardous for purposes of the regulations implementing subtitle C of RCRA. For example, it does not apply to materials (such as non-hazardous scrap, paper, textiles, or rubber) that are not otherwise hazardous wastes and that are recycled. (2) This part identifies only some of the materials which are solid wastes and hazardous wastes under sections 3007, 3013, and 7003 of RCRA. A material which is not defined as a solid waste in this part, or is not a hazardous waste identified or listed in this part, is still a solid waste and a hazard- (i) In the case of sections 3007 and (ii) In the case of section 7003, the statutory elements are established. (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; (2) "Sludge" has the same meaning used in § 260.10 of this chapter; (3) 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. Examples are process residues such as slags or distillation column bottoms. The term does not include a co-product that is produced for the general public's use and is ordinarily used in the form it is produced by the process. (4) A material is "reclaimed" if it is processed to recover a usable product, or if it is regenerated. Examples are recovery of lead values from spent batteries and regeneration of spent solvents. (5) A material is "used or reused" if it is either: (i) Employed as an ingredient (including use as an intermediate) in an industrial process to make a product (for example, distillation bottoms from one process used as feedstock in another process). However, a material will not satisfy this condition if distinct components of the material are recovered as separate end products (as when metals are recovered from metal-containing secondary materials); or (ii) Employed in a particular function or application as an effective substitute for a commercial product (for example, spent pickle liquor used as phosphorous precipitant and sludge conditioner in wastewater treatment). 40 CFR Ch. I (7-1-92 Edition) (6) "Scrap metal" is bits and pieces of metal parts (e.g.,) bars, turnings, rods, sheets, wire) or metal pieces that may be combined together with bolts or soldering (e.g., radiators, scrap automobiles, railroad box cars), which when worn or superfluous can be recy. cled. (7) A material is "recycled" if it is used, reused, or reclaimed. (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 (ie., 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 be included in making the calculation. (Materials that are already defined wastes also are not to be included in as solid making the calculation.) Materials are no longer in this category once they are removed from accumulation for recycling, however. [45 FR 33119, May 19, 1980, as amended at 48 FR 14293, Apr. 1, 1983; 50 FR 663, Jan. 4, 1985; 51 FR 10174, Mar. 24, 1986; 51 FR 40636, Nov. 7, 1986] § 261.2 Definition of solid waste. (a)(1) A solid waste is any discarded material that is not excluded by § 261.4(a) or that is not excluded by variance granted under §§ 260.30 and 260.31. (2) A discarded material is any material which is: (i) Abandoned, as explained in paragraph (b) of this section; or (7-1-92 Edit Environmental Protection Agency bits and pie bars, turni etal pieces t Cher with b Ors, scrap a cars), wh us can be re cled" if it. mulated spe lated befor is not act wever, if th show the recyclab being rec e calenda ry 1)-the ecycled, a for recy ercent by mount of the be culating 75 per plied to De (e.g process y (ie. recov way). : that ation (ii) Recycled, as explained in paragraph (c) of this section; or (iii) Considered inherently wastelike, as explained in paragraph (d) of this section. (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. (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. 6699 (1) Used in a manner constituting disposal. (i) Materials noted with a in Column 1 of Table I 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 ed in rials solid din are ney re at 4, R Spent Materials.. Sludges (listed in 40 CFR part 261.31 or 261.32).. By-products exhibiting a characteristic of hazardous waste (1) (2) CCCCCCC (") (*) CCCCCCC (3) CC C (*) (") Note: The terms "spent materials", "sludges", "by-products," and "scrap metal" are defined in § 261.1. (d) Inherently waste-like materials. The following materials are solid wastes when they are recycled in any manner: (1) Hazardous Waste Nos. F020, F021 (unless used as an ingredient to make a product at the site of generation), F022, F023, F026, and F028. (2) Secondary materials fed to a halogen acid furnace that exhibit a characteristic of a hazardous waste or are listed as a hazardous waste as defined in subparts C or D of this part, 29 (*) (*) CCCCC C except for brominated material that meets the following criteria: (i) The material must contain a bromine concentration of at least 45%; and (ii) The material must contain less than a total of 1% of toxic organic compounds listed in appendix VIII; and (iii) The material is processed continually on-site in the halogen acid furnace via direct conveyance (hard piping). (3) The Administrator will use the following criteria to add wastes to that list: (i)(A) The materials are ordinarily disposed of, burned, or incinerated; or (B) The materials contain toxic constituents listed in appendix VIII of part 261 and these constituents are not ordinarily found in raw materials or products for which the materials substitute (or are found in raw materials or products in smaller concentrations) and are not used or reused during the recycling process; and (ii) The material may pose a substantial hazard to human health and the environment when recycled. (e) Materials that are not solid waste when recycled. (1) Materials are not solid wastes when they can be shown to be recycled by being: (i) Used or reused as ingredients in an industrial process to make a product, provided the materials are not being reclaimed; or (ii) Used or reused as effective substitutes for commercial products; or (iii) Returned to the original process from which they are generated, without first being reclaimed. The material must be returned as a substitute for raw material feedstock, and the process must use raw materials as principal feedstocks. (2) The following materials are solid wastes, even if the recycling involves use, reuse, or return to the original process (described in paragraphs (e)(1) (i) through (iii) of this section): (i) Materials used in a manner constituting disposal, or used to produce products that are applied to the land; or (ii) Materials burned for energy recovery, used to produce a fuel, or contained in fuels; or (iii) Materials accumulated speculatively; or (iv) Materials listed in paragraph (d)(1) of this section. (f) Documentation of claims that materials are not solid wastes or are conditionally exempt from regulation. Respondents in actions to enforce regulations implementing subtitle C of RCRA who raise a claim that a certain material is not a solid waste, or is conditionally exempt from regulation, must demonstrate that there is a known market or disposition for the material, and that they meet the terms of the exclusion or exemption. In doing so, they must provide appropriate documentation (such as contracts showing that a second person uses the material as an ingredient in a production process) to demonstrate that the material is not a waste, or is exempt from regulation. In addition, owners or operators of facilities claiming that they actually are recycling materials must show that they have the necessary equipment to do so. [50 FR 664, Jan. 4, 1985, as amended at 50 FR 33542, Aug. 20, 1985; 56 FR 7206, Feb. 21, 1991; 56 FR 32688, July 17, 1991; 56 FR 42512, Aug. 27, 1991] § 261.3 Definition of hazardous waste. (a) A solid waste, as defined in § 261.2, is a hazardous waste if: (1) It is not excluded from regulation as a hazardous waste under § 261.4(b); and (2) It meets any of the following criteria: (i) It exhibits any of the characteristics of hazardous waste identified in subpart C except that any mixture of a waste from the extraction, beneficiation, and processing of ores and minerals excluded under § 261.4(b)(7) and any other solid waste exhibiting a characteristic of hazardous waste under subpart C of this part only if it exhibits a characteristic that would not have been exhibited by the exIcluded waste alone if such mixture had not occurred or if it continues to exhibit any of the characteristics exhibited by the non-excluded wastes prior to mixture. Further, for the purposes of applying the Toxicity Characteristic to such mixtures, the mixture is also a hazardous waste if it exceeds the maximum concentration for any contaminant listed in table I to § 261.24 that would not have been exceeded by the excluded waste alone if the mixture had not occurred or if it continues to exceed the maximum concentration for any contaminant exceeded by the nonexempt waste prior to mixture. (i) It is listed in subpart D of this part and has not been excluded from the lists in subpart D of this part |