March 15, 2016
How Speculative Accumulation Is Triggered
EPA created the speculative accumulation provision to mitigate the risk posed by facilities that overaccumulate hazardous secondary materials prior to recycling. The §261.1(c)(8) provision serves as a safety net, preventing recyclable materials that are not otherwise regulated under RCRA from being stored indefinitely and potentially causing environmental damage. EPA subjects facilities that accumulate speculatively (i.e., facilities that fail to demonstrate that a feasible means of recycling exists or fail to recycle at least 75% of a recyclable material during the calendar year) to immediate regulation as hazardous waste generators.
The speculative accumulation rules are as follows:
- The speculative accumulation provisions generally apply to secondary materials that are not solid wastes when recycled, such as characteristic sludges and by-products that will be reclaimed.
- The speculative accumulation provisions generally do not apply to secondary materials that are solid wastes when recycled, such as spent materials, sludges, and by-products that will be burned for energy recovery. EPA does not impose speculative accumulation requirements in these situations because these materials are already considered solid wastes when waiting to be burned.
Although the above is fairly straightforward, questions arise as there are certain exceptions to the rules. The table below gives examples, from EPA, of materials that are or are not subject to speculative accumulation when stored prior to recycling.
Examples of When Speculative Accumulation Applies
Material being recycled | Solid waste? | Subject to spec. accumulation? | Additional references |
|---|---|---|---|
Characteristically hazardous baghouse dust in storage waiting to be recycled to an offsite metals recovery facility | No per §261.2(c)(3) and the dash in Table 1 at the intersection of “Characteristic sludges” and “Reclamation” | Yes | 50 FR 635 |
A listed by-product in storage waiting to be recycled to an offsite facility to be burned as a fuel | Yes per §261.2(c)(2) and the asterisk in Table 1 at the intersection of “Listed by-products” and “Energy recovery/fuel” | No | 50 FR 635 |
Oil-bearing secondary material in storage at a refinery waiting to be recycled to the coker | No per §261.4(a)(12)(i) | Yes | |
Spent catalyst containing a precious metal in storage waiting to be recycled to an offsite metals recovery facility | Yes per §261.6(a)(2)(iii) and Part 266, Subpart F | Yes1 | 50 FR 635 |
A batch of product produced in a chemical plant that is found to be off-spec and is in storage waiting to be reworked into on-spec product | No per §261.2(c)(3) and the dash in Table 1 at the intersection of “Commercial chemical products” and “Reclamation” | No2 | |
Spent solvent from a pharmaceutical process in storage before it is reclaimed (in a closed-loop manner) for reuse in the same process | No per §261.4(a)(8) | Yes, or to the very similar requirement in | 50 FR 635; 51 FR 25442 |
Scrap metal generated during a demolition project in storage before being sent to an offsite scrap metal recycler | Yes per §261.2(c)(3) and the asterisk in Table 1 at the intersection of “Scrap metal” and “Reclamation” | No | 50 FR 635 |
Spent sulfuric acid in storage at a refinery waiting to be sent to an offsite facility that will use it to produce virgin sulfuric acid | No per §261.4(a)(7) | Yes | 50 FR 635 |
Used solvent generated in the maintenance shop, which exhibits a characteristic, in storage before being sent to an offsite solvent recycler | Yes per §261.2(c)(3) and the asterisk in Table 1 at the intersection of “Spent materials” and “Reclamation”3 | No | 50 FR 635 |
1This is an exception to the general rule that speculative accumulation does not apply to secondary materials that are solid wastes when recycled.
2This is an exception to the general rule that speculative accumulation applies to secondary materials that are not solid wastes when recycled.
3Except as provided in §261.4(a)(23), 261.4(a)(24), or 261.4(a)(27).
Source: McCoy and Associates, Inc.
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This document addresses issues of a general nature related to the federal RCRA regulations. Persons evaluating specific circumstances dealing with the RCRA regulations should review state and local laws and regulations, which may be more stringent than federal requirements. In addition, the assistance of a qualified professional should be enlisted to address any site-specific circumstances.
