Utah Admin. Code R315-261-1 - Purpose and Scope
(a) This rule
identifies those solid wastes which are subject to regulation as hazardous
wastes under Rules R315-262 through 265, 268, 270, and 124 and which are
subject to the notification requirements of these rules.
(1) Sections R315-261-1 through 9 define the
terms 'solid waste" and "hazardous waste", identfies those wastes which are
excluded from regulation under Rules R315-262 through R315-266, R315-268 and
R315-270 and establish special management requirements for hazardous waste
produced by very small quantity generators and hazardous waste which is
recycled.
(2) Sections
R315-261-10
and 11 set forth the criteria used to identify characteristics of hazardous
waste and to list particular hazardous wastes.
(3) Sections
R315-261-20
through 24 identify characteristics of hazardous waste.
(4) Sections
R315-261-30
through 35 list particular hazardous wastes.
(b)
(1) The
definition of solid waste contained in this rule applies only to wastes that
also are hazardous for purposes of the rules implementing Title 19 Chapter 6.
For example, it does not apply to materials such as non-hazardous scrap, paper,
textiles, or rubber that are not otherwise hazardous wastes and that are
recycled.
(2) Rule R315-261
identifies only some of the materials which are solid wastes and hazardous
wastes under the Utah Solid and Hazardous Waste Act. A material which is not
defined as a solid waste in Rule R315-261, or is not a hazardous waste
identified or listed in Rule R315-261, is still a solid waste and a hazardous
waste for purposes of these sections if:
(i)
In the case of section
19-6-109,
the Director has reason to believe that the material may be a solid waste
within the meaning of Subsection
19-6-102(13)
and a hazardous waste within the meaning of Subsection
19-6-102(7)
or
(ii) In the case of section
19-6-115,
the material is presenting an imminent and substantial danger to human health
or the environment.
(c) For the purposes of Sections
R315-261-2
and 261-6:
(1) A 'spent material" is any
material that has been used and as a result of contamination can no longer
serve the purpose for which it was produced without processing;
(2) "Sludge" has the same meaning used in
Section
R315-260-10;
(3) A "by-product" is a material that is not
one of the primary products of a production process and is not solely or
separately produced by the production process. Examples are process residues
such as slags or distillation column bottoms. The term does not include a
co-product that is produced for the general public's use and is ordinarily used
in the form it is produced by the process.
(4) A material is "reclaimed" if it is
processed to recover a usable product, or if it is regenerated. Examples are
recovery of lead values from spent batteries and regeneration of spent
solvents. In addition, for purposes of Subsections
R315-261-4(a)(23), and
(24) smelting, melting and refining furnaces
are considered to be solely engaged in metals reclamation if the metal recovery
from the hazardous secondary materials meets the same requirements as those
specified for metals recovery from hazardous waste found in Subsection
R315-266-100(d)(1)
through (3), and if the residuals meet the
requirements specified in Section
R315-266-112.
(5) A material is "used or reused" if it is
either:
(i) Employed as an ingredient,
including use as an intermediate, in an industrial process to make a product,
for example, distillation bottoms from one process used as feedstock in another
process. However, a material will not satisfy this condition if distinct
components of the material are recovered as separate end products, as when
metals are recovered from metal-containing secondary materials; or
(ii) Employed in a particular function or
application as an effective substitute for a commercial product, for example,
spent pickle liquor used as phosphorous precipitant and sludge conditioner in
wastewater treatment.
(6)
"Scrap metal" is bits and pieces of metal parts; for example bars, turnings,
rods, sheets, or wire; or metal pieces that may be combined together with bolts
or soldering; for example radiators, scrap automobiles, or railroad box cars;
which when worn or superfluous can be recycled.
(7) A material is "recycled" if it is used,
reused, or reclaimed.
(8) 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 shall 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 shall 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 Subsection
R315-261-4(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.
(9) "Excluded scrap metal" is processed scrap
metal, unprocessed home scrap metal, and unprocessed prompt scrap
metal.
(10) "Processed scrap metal"
is scrap metal which has been manually or physically altered to either separate
it into distinct materials to enhance economic value or to improve the handling
of materials. Processed scrap metal includes, but is not limited to scrap metal
which has been baled, shredded, sheared, chopped, crushed, flattened, cut,
melted, or separated by metal type, i.e., sorted, and, fines, drosses and
related materials which have been agglomerated. Note: shredded circuit boards
being sent for recycling are not considered processed scrap metal. They are
covered under the exclusion from the definition of solid waste for shredded
circuit boards being recycled Subsection
R315-261-4(a)(14).
(11) "Home scrap metal" is scrap metal as
generated by steel mills, foundries, and refineries such as turnings, cuttings,
punchings, and borings.
(12)
"Prompt scrap metal" is scrap metal as generated by the metal
working/fabrication industries and includes such scrap metal as turnings,
cuttings, punchings, and borings. Prompt scrap is also known as industrial or
new scrap metal.
Notes
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