	RCRA REVISION CHECKLIST 233C
Speculative Accumulation
More stringent for all state programs
                  Revisions to the Definition of Solid Waste
                                80 FR 1694-1814
	January 13, 2015
	(RCRA Cluster XXIV, Non-HSWA)
Name of State:	Virginia
State Statutory Authority:	§ 10.1-1402 of the Code of Virginia
Title of Regulations: 	Virginia Hazardous Waste Management Regulations, 9VAC20-60
Effective Date:  Annual Update 2015 effective on January 27, 2016 (Virginia Register, Volume 32, Issue 09)
Date Checklist Completed: 	December 8, 2015
                                       
                                       
                                       
                                       
                             FEDERAL REQUIREMENTS
                             FEDERAL RCRA CITATION
                           ANALOGOUS STATE CITATION
                                       
                               STATE ANALOG IS:
                                                                               




                                  EQUIV-ALENT

                                     LESS
                                    STRIN-
                                     GENT

                                MORE STRIN-GENT

                               BROADER IN SCOPE
                                                                               
            PART 261 IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
                                                                               
                               SUBPART A GENERAL
                                                                               
Revise to read: 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. Materials must be placed in a storage unit with a label indicating the first date that the material began to be accumulated. If placing a label on the storage unit is not practicable, the accumulation period must be documented through an inventory log or other appropriate method. 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 (i.e., 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 to be included in making the calculation. Materials that are already defined as solid wastes also are not to be included in making the calculation. Materials are no longer in this category once they are removed from accumulation for recycling, however. 
261.1(c)(8)
9VAC20-60-18.
Incorporated by reference (IBR) in 9VAC20-60-261A.
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