Current through Register Vol. 48, No. 38, September 20, 2024
a) The Board
will determine that those materials that are accumulated speculatively without
enough being recycled are not solid wastes if the applicant demonstrates that
enough material will be recycled or transferred for recycling in the following
year. This Board determination is valid only for the following year, but can be
renewed, on an annual basis, by filing a new application. This determination
will be based on the following criteria:
1)
The manner in which the material is expected to be recycled, when the material
is expected to be recycled, and whether this expected disposition is likely to
occur (for example, because of past practice, market factors, the nature of the
material or contractual arrangements for recycling);
2) The reason that the applicant has
accumulated the material for one or more years without recycling 75 percent of
the volume accumulated at the beginning of the year;
3) The quantity of material already
accumulated and the quantity expected to be generated and accumulated before
the material is recycled;
4) The
extent to which the material is handled to minimize loss; and
5) Other relevant factors.
b) The Board will determine that
those materials that are reclaimed and then reused as feedstock within the
original production process in which the materials were generated are not solid
wastes if the reclamation operation is an essential part of the production
process. This determination will be based on the following criteria:
1) How economically viable the production
process would be if it were to use virgin materials, rather than reclaimed
materials;
2) The extent to which
the material is handled before reclamation to minimize loss;
3) The periods between generating the
material and its reclamation, and between reclamation and return to the
original primary production process;
4) The location of the reclamation operation
in relation to the production process;
5) Whether the reclaimed material is used for
the purpose for which it was originally produced when it is returned to the
original process, and whether it is returned to the process in substantially
its original form;
6) Whether the
person that generates the material also reclaims it; and
7) Other relevant factors.
c) The Board will determine, as
provided in Section 720.133, that those hazardous secondary materials that have
been partially reclaimed but must be reclaimed further before recovery is
completed are not solid wastes if the partial reclamation has produced a
commodity-like material. A determination that a partially-reclaimed material
for which the determination is sought is commodity-like will be based on
whether the hazardous secondary material is legitimately recycled, as specified
in Section 720.143, and on whether the following decision criteria are
satisfied:
1) Whether the degree of partial
reclamation the material has undergone is substantial, as demonstrated by using
a partial reclamation process other than the process that generated the
hazardous secondary material;
2)
Whether the partially reclaimed material has sufficient economic value that it
will be purchased for further reclamation;
3) Whether the partially reclaimed material
is a viable substitute for a product or intermediate produced from virgin or
raw materials that is used in subsequent production steps;
4) Whether there is a market for the
partially reclaimed material, as demonstrated by known customers who are
further reclaiming the material (e.g., records of sales or contracts and
evidence of subsequent use, like bills of lading); and
5) Whether the partially reclaimed material
is handled to minimize loss.
