| (iii) the quality of the product is not degraded by
substitution of raw material/product with the recycling material;
(iv) the use of the recycling material is an ordinary
use and it meets or exceeds the specifications of the product it is
replacing without treatment or reclamation, or if the recycling material
is not replacing a product, the recycling material is a legitimate
ingredient in a production process and meets or exceeds raw material
specifications without treatment or reclamation;
(v) the recycling material is not burned for energy
recovery, used to produce a fuel, or contained in a fuel;
(vi) the recycling material can be used as a product
itself or to produce products as it is generated without treatment
or reclamation;
(vii) the recycling material must not present an increased
risk to human health, the environment, or waters in the state when
applied to the land or used in products which are applied to the land
and the material, as generated:
(I) is a Class 3 waste under Subchapter R of this chapter
(relating to Waste Classification), except for arsenic, cadmium, chromium,
lead, mercury, nickel, selenium, and total dissolved solids; and
(II) for the metals listed in subclause (I) of this
clause:
(-a-) is a Class 2 or Class 3 waste under Subchapter
R of this chapter; and
(-b-) does not exceed a concentration limit under §312.43(b)(3),
Table 3 of this title (relating to Metal Limits); and
(viii) with the exception of the requirements under §335.17(a)(8)
of this title (relating to Special Definitions for Recyclable Materials
and Nonhazardous Recyclable Materials):
(I) at least 75% (by weight or volume) of the annual
production of the recycling material must be recycled or transferred
to a different site and recycled on an annual basis; and
(II) if the recycling material is placed in protective
storage, such as a silo or other protective enclosure, at least 75%
(by weight or volume) of the annual production of the recycling material
must be recycled or transferred to a different site and recycled on
a biennial basis.
(I) Respondents in actions to enforce the industrial
solid waste regulations 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 and that
the recycling activity is legitimate and beneficial.
(J) A hazardous secondary material found to be sham
recycled is considered discarded and a solid waste. Sham recycling
is recycling that is not legitimate recycling as defined in §335.27
of this title (relating to Legitimate Recycling of Hazardous Secondary
Materials).
(K) Materials that are reclaimed from solid wastes
and that are used beneficially are not solid wastes and hence are
not hazardous wastes under 40 CFR §261.3(c) unless the reclaimed
material is burned for energy recovery or used in a manner constituting
disposal.
(L) Other portions of this chapter that relate to solid
wastes that are recycled include §335.6 of this title (relating
to Notification Requirements), §§335.17 - 335.19 of this
title, §335.24 of this title (relating to Requirements for Recyclable
Materials and Nonhazardous Recyclable Materials), and Subchapter H
of this chapter (relating to Standards for the Management of Specific
Wastes and Specific Types of Facilities).
(M) Steel slag may not be considered as solid waste
if the steel slag is an intended output or result of the use of an
electric arc furnace to make steel, introduced into the stream of
commerce, and managed as an item of commercial value, including through
a controlled use in a manner constituting disposal, and not as discarded
material.
(147) Solvent-contaminated wipe--A wipe that, after
use or after cleaning up a spill, either:
(A) contains one or more of the F001 through F005 solvents
listed in 40 Code of Federal Regulations (CFR) §261.31 or the
corresponding P- or U-listed solvents found in 40 CFR §261.33;
(B) exhibits a hazardous characteristic found in 40
CFR Part 261, Subpart C, when that characteristic results from a solvent
listed in 40 CFR Part 261; and/or
(C) exhibits only the hazardous waste characteristic
of ignitability found in 40 CFR §261.21 due to the presence of
one or more solvents that are not listed in 40 CFR Part 261. Solvent-contaminated
wipes that contain listed hazardous waste other than solvents, or
exhibit the characteristic of toxicity, corrosivity, or reactivity
due to contaminants other than solvents, are not eligible for the
exclusions at 40 CFR §261.4(a)(26) and (b)(18).
(148) Sorbent--A material that is used to soak up free
liquids by either adsorption or absorption, or both. Sorb means to
either adsorb or absorb, or both.
(149) Spill--The accidental spilling, leaking, pumping,
emitting, emptying, or dumping of solid waste or hazardous wastes
or materials which, when spilled, become solid waste or hazardous
wastes into or on any land or water.
(150) Staging pile--An accumulation of solid, non-flowing
"Remediation waste," as defined in this section, that is not a containment
building and that is used only during remedial operations for temporary
storage at a facility. Staging piles must be designated by the executive
director according to the requirements of 40 Code of Federal Regulations §264.554,
as adopted by reference under §335.152(a) of this title (relating
to Standards).
(151) Standard permit--A Resource Conservation and
Recovery Act permit authorizing management of hazardous waste issued
under Chapter 305, Subchapter R of this title (relating to Resource
Conservation and Recovery Act Standard Permits for Storage and Treatment
Units) and Subchapter U of this chapter (relating to Standards for
Owners and Operators of Hazardous Waste Facilities Operating Under
a Standard Permit). The standard permit may have two parts, a uniform
portion issued in all cases and a supplemental portion issued at the
executive director's discretion.
(152) Storage--The holding of solid waste for a temporary
period, at the end of which the waste is processed, disposed of, recycled,
or stored elsewhere.
(153) Sump--Any pit or reservoir that meets the definition
of "Tank" in this section and those troughs/trenches connected to
it that serve to collect solid waste or hazardous waste for transport
to solid waste or hazardous waste treatment, storage, or disposal
facilities; except that as used in the landfill, surface impoundment,
and waste pile rules, "sump" means any lined pit or reservoir that
serves to collect liquids drained from a leachate collection and removal
system or leak detection system for subsequent removal from the system.
(154) Surface impoundment or impoundment--A facility
or part of a facility which is a natural topographic depression, man-made
excavation, or diked area formed primarily of earthen materials (although
it may be lined with man-made materials), which is designed to hold
an accumulation of liquid wastes or wastes containing free liquids,
and which is not an injection well or a corrective action management
unit. Examples of surface impoundments are holding, storage, settling,
and aeration pits, ponds, and lagoons.
(155) Tank--A stationary device, designed to contain
an accumulation of solid waste which is constructed primarily of non-earthen
materials (e.g., wood, concrete, steel, plastic) which provide structural
support.
(156) Tank system--A solid waste or hazardous waste
storage or processing tank and its associated ancillary equipment
and containment system.
(157) TEQ--Toxicity equivalence, the international
method of relating the toxicity of various dioxin/furan congeners
to the toxicity of 2,3,7,8-tetrachlorodibenzo-p-dioxin.
(158) Thermal processing--The processing of solid waste
or hazardous waste in a device which uses elevated temperatures as
the primary means to change the chemical, physical, or biological
character or composition of the solid waste or hazardous waste. Examples
of thermal processing are incineration, molten salt, pyrolysis, calcination,
wet air oxidation, and microwave discharge. (See
also "Incinerator" and "Open burning.")
(159) Thermostat--Has the definition adopted under §335.261
of this title (relating to Universal Waste Rule).
Cont'd... |
