Utah Admin. Code R315-261-6 - Requirements for Recyclable Materials
(a)
(1)
Hazardous wastes that are recycled are subject to the requirements for
generators, transporters, and storage facilities of Subsections
R315-261-6(b)
and R315-261-6(c),
except for the materials listed in Subsections
R315-261-6(a)(2)
and R315-261-6(a)(3).
Hazardous wastes that are recycled shall be known as recyclable
materials.
(2) The recyclable
materials listed in Subsections
R315-261-6(a)(2)(i)
through R315-261-6(a)(2)(iv)
are not subject to the requirements of Section
R315-261-6 but are regulated
under Sections R315-266-20 through
R315-266-23, Section
R315-266-70, Section
R315-266-80, Sections
R315-266-100 through
R315-266-112, Section
R315-266-202, and Rules
R315-268, R315-270, and R315-124:
(i)
recyclable materials used in a manner constituting disposal, Sections
R315-266-20 through
R315-266-23;
(ii) hazardous wastes burned, as defined in
Subsection R315-266-100(a),
in boilers and industrial furnaces that are not regulated under Sections
R315-264-340 through
R315-264-345,
R315-264-347, and
R315-264-351 or R315-265-340
through R315-265-369, Sections
R315-266-100 through
R315-266-112;
(iii) recyclable materials that precious
metals are reclaimed from, Section
R315-266-70; and
(iv) spent lead-acid batteries that are being
reclaimed, Section R315-266-80.
(3) The recyclable materials listed
in Subsections R315-261-6(a)(3)(i)
through R315-261-6(a)(3)(iv)
are not subject to regulation under Rules R315-262 through R315-268, R315-270,
and R315-124, and are not subject to the notification requirements of section
3010 of RCRA:
(i) industrial ethyl alcohol
that is reclaimed except that exports and imports of these recyclable materials
shall comply with the requirements of Sections
R315-262-80 through
R315-262-84;
(ii) scrap metal that is not excluded under
Subsection R315-261-4(a)(13);
(iii) fuels produced from the refining of
oil-bearing hazardous waste along with normal process streams at a petroleum
refining facility if the 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, if the
recovered oil is already excluded under Subsection
R315-261-4(a)(12);
and
(iv)
(A) hazardous waste fuel produced from
oil-bearing hazardous wastes from petroleum refining, production, or
transportation practices, or produced from oil reclaimed from the hazardous
wastes, if the 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 Subsection R315-15-1.2(c)
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, if the hazardous wastes are reintroduced into a
refining process after a point that contaminants are removed, so long as the
fuel meets the used oil fuel specification under Subsection R315-15-1.2(c);
and
(C) oil reclaimed from
oil-bearing hazardous wastes from petroleum refining, production, and
transportation practices, which reclaimed oil is burned as a fuel without
reintroduction to a refining process, so long as the reclaimed oil meets the
used oil fuel specification under Subsection R315-15-1.2(c).
(4) Used oil that is
recycled and is also a hazardous waste solely because it exhibits a hazardous
characteristic is not subject to the requirements of Rules R315-260 through
R315-268, but is regulated under Rule R315-15. Used oil that is recycled
includes any used oil that is reused, following its original use, for any
purpose, including the purpose that the oil was originally used. This term
includes oil that is re-refined, reclaimed, burned for energy recovery, or
reprocessed.
(5) Hazardous waste
that is exported or imported for purpose of recovery is subject to the
requirements of Sections
R315-262-80 through
R315-262-84.
(b) Generators and transporters of
recyclable materials are subject to the applicable requirements of Rules
R315-262 and R315-263 and the notification requirements under section 3010 of
RCRA, except as provided in Subsection
R315-261-6(a).
(c)
(1)
Owners and operators of facilities that store recyclable materials before they
are recycled are regulated under the applicable requirements of Sections
R315-264-1 through
R315-264-259,
R315-264-1030 through
R315-264-1102,
R315-265-1 through
R315-265-260,
R315-265-1030 through
R315-265-1102 of Rules R315-264
and R315-265, and under Rules R315-266, R315-268, R315-270, and R315-124 and
the notification requirements under section 3010 of RCRA, except as provided in
Subsection R315-261-6(a).
The recycling process itself is exempt from regulation except as provided in
Subsection R315-261-6(d).
(2) Owners or operators of facilities that
recycle recyclable materials without storing them before they are recycled are
subject to the requirements of Subsections
R315-261-6(c)(2)(i)
through R315-261-6(c)(2)(iv),
except as provided in Subsection
R315-261-6(a):
(i) notification requirements under section
3010 of RCRA;
(ii) Sections
R315-265-71 and
R315-265-72 dealing with the use
of the manifest and manifest discrepancies;
(iii) Subsection
R315-261-6(d);
and
(iv) Section
R315-265-75, addressing biennial
reporting requirements.
(d) Owners or operators of facilities subject
to permitting requirements under Section
19-6-108 with hazardous waste
management units that recycle hazardous wastes are subject to the requirements
of Sections R315-264-1030 through
R315-264-1036 and Sections
R315-264-1050 through
R315-264-1065, Sections
R315-265-1030 through
R315-265-1035, or Sections
R315-265-1050 through R315-265-1064.
Notes
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