Code of Colorado Regulations
1000 - Department of Public Health and Environment
1007 - Hazardous Materials and Waste Management Division
6 CCR 1007-3 - HAZARDOUS WASTE
Part 261 - HAZARDOUS WASTE - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
Subpart A - General
Section 6 CCR 1007-3-261.6 - Requirements for recyclable materials

Universal Citation: 1000 CO Code Regs 6 CCR 1007-3-261.6

Current through Register Vol. 47, No. 17, September 10, 2024

(a)

(1) Hazardous wastes that are recycled are subject to the requirements for generators, transporters, and storage facilities of paragraphs (b) and (c) of this section, except for the materials listed in paragraphs (a)(2) and (a)(3) of this section. Hazardous wastes that are recycled will be known as "recyclable materials."

(2) The following recyclable materials are not subject to the requirements of this section but are regulated under Part 264, Subpart O; Part 265, Subpart H; Part 265, Subpart O; or Subparts C through M of Part 267 of these regulations and all applicable provisions in Parts 268 and 100 of these regulations:
(i) Recyclable materials used in a manner constituting disposal (See Part 267, Subpart C);

(ii) Hazardous wastes burned for energy recovery in boilers and industrial furnaces that are not regulated under Subpart O of Part 264 or 265 of these regulations;

(iii) Recyclable materials from which precious metals are reclaimed (see Part 267, Subpart F);

(iv) Spent lead acid batteries that are being reclaimed (see Part 267, Subpart G).

(3) The following recyclable materials are not subject to regulation under Parts 262 through 268 or Part 100 of these regulations, and are not subject to the notification requirements of Part 99 of these regulations:
(i) Industrial ethyl alcohol that is reclaimed except that exports and imports of such recyclable materials must comply with the requirements of Part 262, Subpart H.
(A) A person initiating a shipment for reclamation in a foreign country, and any intermediary arranging for the shipment, must comply with the requirements applicable to a primary exporter in § §262.53 , 262.56 , and (b), and 262.57, export such materials only upon consent of the receiving country and in conformance with the EPA Acknowledgment of Consent to the shipment to the transporter transporting the shipment for export;

(B) Transporters transporting a shipment for export may not accept a shipment if he/she knows the shipment does not conform to the 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 persons initiating the shipment.

(ii) Scrap metal that is not excluded under § 261.4(a)(14);

(iii) Fuels produced from the refining of oil-bearing hazardous wastes 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 § 261.4(a)(13);

(iv)
(A) Hazardous waste fuel produced from oil-bearing hazardous waste 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 §279.11 of these regulations 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 §279.11 of these regulations; 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 §279.11 of these regulations.

(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 Parts 260 through 268 of these regulations, but is regulated under Part 279 of these regulations. Used oil that is recycled includes any used oil which is reused, following its original use, for any purpose (including the purpose for which the oil was originally used). Such term includes, but is not limited to, oil which 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 Part 262, Subpart H.

(b) Generators and transporters of recyclable materials are subject to the applicable requirements of Parts 262 and 263 of these regulations and the notification requirements of Part 99, except as provided in paragraph (a) of this section.

(c)

(1) Owners or operators of facilities that store recyclable materials before they are recycled are regulated under all applicable provisions of Subparts A through L, AA, BB, and CC of Parts 264 and 265, Parts 266 through 268 and Part 100 of these regulations and the notification requirements of Part 99 of these regulations, except as provided in paragraph (a) of this section. (The recycling process itself is exempt from regulation except as provided in § 261.6(d).)

(2) 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 paragraph (a) of this section:
(i) Notification requirements of Part 99 of these regulations;

(ii) Sections 265.71 and 265.72 (dealing with the use of the manifest and manifest discrepancies) of these regulations.

(iii) Section 261.6(d) of these regulations.

(iv) Section 265.75 of these regulations (biennial reporting requirements).

(d) Owners or operators of facilities subject to RCRA permitting requirements with hazardous waste management units that recycle hazardous wastes are subject to the requirements of subparts AA and BB of Part 264 or 265 of these regulations.

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