| waste as defined by the
administrator of the United States Environmental Protection Agency
in accordance with the federal Solid Waste Disposal Act, 42 United
States Code, §§6901 et seq., as
amended; or
(iv) a material excluded by 40 Code of Federal Regulations
(CFR) §§261.4(a)(1) - (22), and (26), 261.39, and 261.40,
as amended through July 31, 2013 (78 FR 46448), subject to the changes
in this clause, or by variance granted under §335.18 of this
title (relating to Variances from Classification as a Solid Waste)
and §335.19 of this title (relating to Standards and Criteria
for Variances from Classification as a Solid Waste). For the purposes
of the exclusions under 40 CFR §261.39 and §261.40, 40 CFR
§261.41 is adopted by reference as amended through July 28, 2006
(71 FR 42928). For the purposes of the exclusion under 40 CFR §261.4(a)(16),
40 CFR §261.38 is adopted by reference as amended through July
10, 2000 (65 FR 42292), and is revised as follows, with "subparagraph
(A)(iv) under the definition of 'solid Waste' in 30 TAC §335.1"
meaning "subparagraph (A)(iv) under the definition of 'solid Waste'
in §335.1 of this title (relating to Definitions)":
(I) in the certification statement under 40 CFR §261.38(c)(1)(i)(C)(4),
the reference to "40 CFR §261.38" is changed to "40 CFR §261.38,
as revised under subparagraph (A)(iv) under the definition of 'solid
Waste' in 30 TAC §335.1," and the reference to "40 CFR §261.28(c)(10)"
is changed to "40 CFR §261.38(c)(10)";
(II) in 40 CFR §261.38(c)(2), the references to
"§260.10 of this chapter" are changed to "§335.1 of this
title (relating to Definitions)," and the reference to "parts 264
or 265 of this chapter" is changed to "Chapter 335, Subchapter E of
this title (relating to Interim Standards for Owners and Operators
of Hazardous Waste Treatment, Storage, or Disposal Facilities) or
Chapter 335, Subchapter F of this title (relating to Permitting Standards
for Owners and Operators of Hazardous Waste Treatment, Storage, or
Disposal Facilities)";
(III) in 40 CFR §261.38(c)(3) - (5), the references
to "parts 264 and 265, or §262.34 of this chapter" are changed
to "Chapter 335, Subchapter E of this title (relating to Interim Standards
for Owners and Operators of Hazardous Waste Treatment, Storage, or
Disposal Facilities) and Chapter 335, Subchapter F of this title (relating
to Permitting Standards for Owners and Operators of Hazardous Waste
Treatment, Storage, or Disposal Facilities), or §335.69 of this
title (relating to Accumulation Time)";
(IV) in 40 CFR §261.38(c)(5), the reference to
"§261.6(c) of this chapter" is changed to "§335.24(e) and
(f) of this title (relating to Requirements for Recyclable Materials
and Nonhazardous Recyclable Materials)";
(V) in 40 CFR §261.38(c)(7), the references to
"appropriate regulatory authority" and "regulatory authority" are
changed to "executive director";
(VI) in 40 CFR §261.38(c)(8), the reference to
"§262.11 of this chapter" is changed to "§335.62 of this
title (relating to Hazardous Waste Determination and Waste Classification)";
(VII) in 40 CFR §261.38(c)(9), the reference to
"§261.2(c)(4) of this chapter" is changed to §335.1(140)(D)(iv)
" of this title (relating to Definitions)"; and
(VIII) in 40 CFR §261.38(c)(10), the reference
to "implementing authority" is changed to "executive director."
(B) A discarded material is any material which is:
(i) abandoned, as explained in subparagraph (C) of
this paragraph;
(ii) recycled, as explained in subparagraph (D) of
this paragraph;
(iii) considered inherently waste-like, as explained
in subparagraph (E) of this paragraph; or
(iv) a military munition identified as a solid waste
in 40 CFR §266.202.
(C) Materials are solid wastes if they are abandoned
by being:
(i) disposed of;
(ii) burned or incinerated; or
(iii) accumulated, stored, or processed (but not recycled)
before or in lieu of being abandoned by being disposed of, burned,
or incinerated.
(D) Except for materials described in subparagraph
(H) of this paragraph, materials are solid wastes if they are "recycled"
or accumulated, stored, or processed before recycling as specified
in this subparagraph. The chart referred to as Table 1 indicates only
which materials are considered to be solid wastes when they are recycled
and is not intended to supersede the definition of solid waste provided
in subparagraph (A) of this paragraph.
(i) Used in a manner constituting disposal. Materials
noted with an asterisk in Column 1 of Table 1 are solid wastes when
they are:
(I) applied to or placed on the land in a manner that
constitutes disposal; or
(II) 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). However, commercial chemical products listed
in 40 CFR §261.33 are not solid wastes if they are applied to
the land and that is their ordinary manner of use.
(ii) Burning for energy recovery. Materials noted with
an asterisk in Column 2 of Table 1 are solid wastes when they are:
(I) burned to recover energy; or
(II) used to produce a fuel or are otherwise contained
in fuels (in which cases the fuel itself remains a solid waste). However,
commercial chemical products, which are listed in 40 CFR §261.33,
not listed in §261.33, but that exhibit one or more of the hazardous
waste characteristics, or will be considered nonhazardous waste if
disposed, are not solid wastes if they are fuels themselves and burned
for energy recovery.
(iii) Reclaimed. Materials noted with an asterisk in
Column 3 of Table 1 are solid wastes when reclaimed (except as provided
under 40 CFR §261.4(a)(17)). Materials without an asterisk in
Column 3 of Table 1 are not solid wastes when reclaimed.
(iv) Accumulated speculatively. Materials noted with
an asterisk in Column 4 of Table 1 are solid wastes when accumulated
speculatively.
Attached Graphic
(E) Materials that are identified by the administrator
of the EPA as inherently waste-like materials under 40 CFR §261.2(d)
are solid wastes when they are recycled in any manner.
(F) 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;
(ii) used or reused as effective substitutes for commercial
products;
(iii) returned to the original process from which they
were generated, without first being reclaimed or land disposed. The
material must be returned as a substitute for feedstock materials.
In cases where the original process to which the material is returned
is a secondary process, the materials must be managed such that there
is no placement on the land. In cases where the materials are generated
and reclaimed within the primary mineral processing industry, the
conditions of the exclusion found at 40 CFR §261.4(a)(17) apply
rather than this provision; or
(iv) secondary materials that are reclaimed and returned
to the original process or processes in which they were generated
where they are reused in the production process provided:
(I) only tank storage is involved, and the entire process
through completion of reclamation is closed by being entirely connected
with pipes or other comparable enclosed means of conveyance;
(II) reclamation does not involve controlled flame
combustion (such as occurs in boilers, industrial furnaces, or incinerators);
(III) the secondary materials are never accumulated
in such tanks for over 12 months without being reclaimed; and
(IV) the reclaimed material is not used to produce
a fuel, or used to produce products that are used in a manner constituting
disposal.
(G) Except for materials described in subparagraph
(H) of this paragraph, the following materials are solid wastes, even
if the recycling involves use, reuse, or return to the original process,
as described in subparagraph (F) of this paragraph:
(i) materials used in a manner constituting disposal,
or used to produce products that are applied to the land;
(ii) materials burned for energy recovery, used to
produce a fuel, or contained in fuels;
(iii) materials accumulated speculatively; or
Cont'd... |
