(a) Hazardous wastes that are recycled are subject
to the requirements for generators, transporters, and storage facilities
of subsections (d) - (f) of this section, except for the materials
listed in subsections (b) and (c) of this section. Hazardous wastes
that are recycled will be known as recyclable materials. Nonhazardous
industrial wastes that are recycled will be known as nonhazardous
recyclable materials. Nonhazardous recyclable materials are subject
to the requirements of subsections (h) - (l) of this section.
(b) The following recyclable materials are not subject
to the requirements of this section, except as provided in subsections
(g) and (h) of this section, but are regulated under the applicable
provisions of Subchapter A of this chapter (relating to Industrial
Solid Waste and Municipal Hazardous Waste in General), Subchapter
H of this chapter (relating to Standards for the Management of Specific
Wastes and Specific Types of Facilities) and all applicable provisions
in Chapter 305 of this title (relating to Consolidated Permits); Chapter
1 of this title (relating to Purpose of Rules, General Provisions);
Chapter 3 of this title (relating to Definitions); Chapter 10 of this
title (relating to Commission Meetings); Chapter 17 of this title
(relating to Tax Relief for Property Used for Environmental Protection);
Chapter 20 of this title (relating to Rulemaking); Chapter 37 of this
title (relating to Financial Assurance); Chapter 39 of this title
(relating to Public Notice); Chapter 40 of this title (relating to
Alternative Dispute Resolution Procedure); Chapter 50 of this title
(relating to Action on Applications and Other Authorizations); Chapter
55 of this title (relating to Requests for Reconsideration and Contested
Case Hearings; Public Comment); Chapter 70 of this title (relating
to Enforcement); Chapter 80 of this title (relating to Contested Case
Hearings); and Chapter 86 of this title (relating to Special Provisions
for Contested Case Hearings).
(1) recyclable materials used in a manner constituting
disposal;
(2) hazardous wastes burned for energy recovery in
boilers and industrial furnaces that are not regulated under Subchapter
E of this chapter (relating to Interim Standards for Owners and Operators
of Hazardous Waste Treatment, Storage, or Disposal Facilities) or
Subchapter F of this chapter (relating to Permitting Standards for
Owners and Operators of Hazardous Waste Treatment, Storage, or Disposal
Facilities);
(3) recyclable materials from which precious metals
are reclaimed;
(4) spent lead-acid batteries that are being reclaimed.
(c) The following recyclable materials are not subject
to regulation under Subchapters B - I or O of this chapter (relating
to Hazardous Waste Management General Provisions; Standards Applicable
to Generators of Hazardous Waste; Standards Applicable to Transporters
of Hazardous Waste; Interim Standards for Owners and Operators of
Hazardous Waste Treatment, Storage, or Disposal Facilities; Permitting
Standards for Owners and Operators of Hazardous Waste Treatment, Storage,
or Disposal Facilities; Location Standards for Hazardous Waste Storage,
Processing, or Disposal; Standards for the Management of Specific
Wastes and Specific Types of Facilities; Prohibition on Open Dumps;
and Land Disposal Restrictions); Chapter 1 of this title; Chapter
3 of this title; Chapter 10 of this title; Chapter 17 of this title;
Chapter 20 of this title; Chapter 37 of this title; Chapter 39 of
this title; Chapter 40 of this title; Chapter 50 of this title; Chapter
55 of this title; Chapter 70 of this title; Chapter 80 of this title;
Chapter 86 of this title; or Chapter 305 of this title, except as
provided in subsections (g) and (h) of this section:
(1) Industrial ethyl alcohol that is reclaimed except
that exports and imports of such recyclable materials must comply
with the requirements of 40 Code of Federal Regulations (CFR) Part
262, Subpart H, as adopted under §335.58 of this title (relating
to Transboundary Movements of Hazardous Waste for Recovery or Disposal).
Transporters transporting a shipment for export may not accept a shipment
if they know the shipment does not conform to the United States Environmental
Protection Agency (EPA) acknowledgment of consent, must ensure that
a copy of the EPA acknowledgment of consent accompanies the shipment,
and must ensure that it is delivered to the facility designated by
the person initiating the shipment;
(2) scrap metal that is not already excluded under
40 CFR §261.4(a)(13) as adopted under §335.504 of this title
(relating to Hazardous Waste Determination);
(3) fuels produced from the refining of oil-bearing
hazardous waste along with normal process streams at a petroleum refining
facility if such wastes result from normal petroleum refining, production,
and transportation practices (this exemption does not apply to fuels
produced from oil recovered from oil-bearing hazardous waste, where
such recovered oil is already excluded under 40 CFR §261.4(a)(12),
as adopted under §335.504 of this title; and
(4) the following hazardous waste fuels:
(A) Hazardous waste fuel produced from oil-bearing
hazardous wastes from petroleum refining, production or transportation
practices, or produced from oil reclaimed from such hazardous wastes
where such hazardous wastes are reintroduced into a process that does
not use distillation or does not produce products from crude oil so
long as the resulting fuel meets the used oil specification under
40 CFR §279.11 and so long as no other hazardous wastes are used
to produce the hazardous waste fuel;
(B) Hazardous waste fuel produced from oil-bearing
hazardous waste from petroleum refining production, and transportation
practices, where such hazardous wastes are reintroduced into a refining
process after a point at which contaminants are removed, so long as
the fuel meets the used oil fuel specification under 40 CFR §279.11;
(C) Oil reclaimed from oil-bearing hazardous wastes
from petroleum refining, production, and transportation practices,
which reclaimed oil is burned as fuel without reintroduction to a
refining process, so long as the reclaimed oil meets the used oil
fuel specification under 40 CFR §279.11.
(d) Generators and transporters of recyclable materials
are subject to the applicable requirements of Subchapter A of this
chapter (relating to Industrial Solid Waste and Municipal Hazardous
Waste in General), Subchapter C of this chapter, Subchapter D of this
chapter, and Subchapter R of this chapter, and the notification requirements
of §335.6 of this title (relating to Notification Requirements),
except as provided in subsections (a) - (c) of this section.
(e) Owners or operators of facilities that store recyclable
materials before they are recycled are regulated under all applicable
provisions of this chapter, and Chapter 305 of this title; Chapter
1 of this title; Chapter 3 of this title; Chapter 10 of this title;
Chapter 17 of this title; Chapter 20 of this title; Chapter 37 of
this title; Chapter 39 of this title; Chapter 40 of this title; Chapter
50 of this title; Chapter 55 of this title; Chapter 70 of this title;
Chapter 80 of this title; and the notification requirements under §335.6
of this title, except as provided in subsections (a) - (c) of this
section. The recycling process itself is exempt from regulation.
(f) Owners or operators of facilities that recycle
recyclable materials without storing them before they are recycled
are subject to the following requirements, except as provided in subsections
(a) - (c) of this section:
(1) notification requirements under §335.6 of
this title;
(2) Section 335.12 of this title (relating to Shipping
Requirements Applicable to Owners or Operators of Treatment, Storage,
or Disposal Facilities);
(3) Section 335.15 of this title (relating to Recordkeeping
and Reporting Requirements Applicable to Owners or Operators of Treatment,
Storage, or Disposal Facilities); and
(4) the biennial reporting requirements of 40 Code
of Federal Regulations §264.75 or §265.75 as adopted under §335.112
or §335.152 of this title (relating to Standards; or Standards).
(g) Recyclable materials (excluding those listed in
subsections (b)(4), and (c)(1) - (5) of this section) remain subject
to the requirements of §§335.4, 335.6, and 335.9 - 335.15
of this title (relating to General Prohibitions; Notification Requirements;
Recordkeeping and Annual Reporting Procedures Applicable to Generators;
Shipping and Reporting Procedures Applicable to Generators of Hazardous
Waste or Class 1 Waste; Shipping Requirements for Transporters of
Hazardous Waste or Class 1 Waste; Shipping Requirements Applicable
to Owners or Operators of Treatment, Storage, or Disposal Facilities;
Recordkeeping and Reporting Procedures Applicable to Generators Shipping
Hazardous Waste or Class 1 Waste; Recordkeeping Requirements Applicable
to Transporters of Hazardous Waste or Class 1 Waste; and Recordkeeping
and Reporting Requirements Applicable to Owners or Operators of Treatment,
Storage, or Disposal Facilities, respectively), as applicable. Recyclable
materials listed in subsections (b)(4) and (c)(2) of this section
remain subject Cont'd... |