Illinois Administrative Code
Title 35 - ENVIRONMENTAL PROTECTION
Part 720 - HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL
Subpart C - RULEMAKING PETITIONS AND OTHER PROCEDURES
Section 720.143 - Legitimate Recycling of Hazardous Secondary Materials
Universal Citation: 35 IL Admin Code ยง 720.143
Current through Register Vol. 48, No. 38, September 20, 2024
a) Recycling of hazardous secondary materials for the exclusions or exemptions from the hazardous waste regulations must be legitimate. Hazardous secondary material that is not the subject of legitimate recycling is discarded material and is a solid waste. A determination that an activity is legitimate recycling must address this subsection (a) and must consider subsection (b).
1) Legitimate
recycling must involve a hazardous secondary material that provides a useful
contribution to the recycling process or to a product or intermediate of the
recycling process. The hazardous secondary material provides a useful
contribution if it fulfills one of the following criteria:
A) The material contributes valuable
ingredients to a product or intermediate;
B) The material replaces a catalyst or
carrier in the recycling process;
C) The material is the source of a valuable
constituent recovered in the recycling process;
D) The material is recovered or regenerated
by the recycling process; or
E) The
material is used as an effective substitute for a commercial product.
2) The recycling process must
produce a valuable product or intermediate. The product or intermediate is
valuable if either of the following is true:
A) The product or intermediate is sold to a
third party; or
B) The product or
intermediate is used by the recycler or the generator as an effective
substitute for a commercial product or as an ingredient or intermediate in an
industrial process.
3)
The generator and the recycler must manage the hazardous secondary material as
a valuable commodity when it is under their control. If there is an analogous
raw material, the hazardous secondary material must be managed, at a minimum,
in a manner consistent with the management of the raw material or in an equally
protective manner. If there is no analogous raw material, the hazardous
secondary material must be contained. Hazardous secondary materials that are
released to the environment and that are not recovered immediately are
discarded material.
b) The following factor must be considered in determining the overall legitimacy of a specific recycling activity.
1) The
product of the recycling process fulfills the following criteria:
A) The product must not contain significant
concentrations of any hazardous constituents found in Appendix H of 35 Ill.
Adm. Code 721 that are not found in analogous products;
B) The product must not contain
concentrations of hazardous constituents found in Appendix H of 35 Ill. Adm.
Code 721 at levels that are significantly elevated from those found in
analogous products; and
C) The
product must not exhibit a hazardous characteristic (as defined in Subpart C of
35 Ill. Adm. Code 721) that analogous products do not exhibit.
2) In determining that a hazardous
secondary material is legitimately recycled, persons must evaluate all factors
and consider legitimacy as a whole. If, after carefully evaluating these
considerations, the factor in this subsection (b) is not met, then this fact
may indicate that the material is not legitimately recycled. However, the
factor in this subsection (b) does not have to be met for the recycling to be
considered legitimate. In evaluating the extent to which this factor is met and
in determining whether a process that does not meet this factor is still
legitimate, persons can consider exposure from toxics in the product, the
bioavailability of the toxics in the product and other relevant
considerations.
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