Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
Scope.
This part regulates hazardous waste and used oil that is to
be recycled except for use constituting disposal as provided in part
7045.0665, hazardous waste used
for precious metals recovery as provided in part
7045.0675; spent lead-acid
batteries being reclaimed as provided in part
7045.0685; hazardous waste fuel
being burned for energy recovery as provided in part
7045.0692; or used oil fuel being
burned for energy recovery as provided in part
7045.0885.
Subp. 3.
Out-of-state waste.
Hazardous waste from an out-of-state generator that is to be
beneficially used, reused, or legitimately recycled or reclaimed by methods
other than burning, is exempt from the requirements of parts
7045.0221 to
7045.0255.
Subp. 3a.
Management requirements for
used oil.
Used oil that is recycled by reuse, rerefining, reclamation,
reprocessing, or burning for energy recovery, is subject only to parts
7045.0790 to
7045.0990, unless otherwise
specified in that part. "Burning for energy recovery" means the combustion of
used oil with a heating value of over 5,000 Btus per pound to recover an energy
value from it. Used oil that is not recycled is hazardous waste and is subject
to this chapter and chapter 7046.
Subp.
4.
Management of specific hazardous wastes.
Management of the following wastes when recycled, is not
subject to regulation under parts
7045.0205 to
7045.0695 and
7045.1390:
A. industrial ethyl alcohol that is
reclaimed, except as provided in subpart
12;
B. used batteries or used battery cells
returned to a battery manufacturer for regeneration;
C. scrap metal and excluded scrap
metal;
D. fuels produced from the
refining of oil-bearing hazardous wastes along with normal process streams at a
petroleum refining facility if the wastes result from normal petroleum
refining, production, and transportation practices;
E. oil that is reclaimed from hazardous
wastes that are generated from normal petroleum refining, production, and
transportation practices, and that is to be refined along with normal process
streams at a petroleum refining facility;
F. EPA Hazardous Waste Nos. K060, K087, K141,
K142, K143, K144, K145, K147, and K148, and any wastes from the coke
by-products processes that are hazardous only because they exhibit the toxicity
characteristic, specified in part
7045.0131, subpart
7, when, subsequent to
generation, these materials are recycled to coke ovens, recycled to the tar
recovery process as a feedstock to produce coal tar, or mixed with coal tar
prior to the tar's sale or refining. This exclusion is conditioned on there
being no land disposal of the wastes from the point they are generated to the
point they are recycled to coke ovens, tar recovery, or refining processes or
mixed with coal tar;
G. 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, where the hazardous wastes are reintroduced into a
process that does not use distillation or does not produce products from crude
oil if the resulting fuel meets the used oil specification under part
7045.0840, and no other hazardous
wastes are used to produce the hazardous waste fuel;
H. hazardous waste fuel produced from
oil-bearing hazardous waste from petroleum refining, production, and
transportation practices, where the hazardous wastes are reintroduced into a
refining process after a point at which contaminants are removed, if the fuel
meets the used oil fuel specification under part
7045.0840;
I. oil that is reclaimed from oil-bearing
hazardous wastes from petroleum refining, production, and transportation
practices, and is burned as a fuel without reintroduction to a refining
process, if the reclaimed oil meets the used oil fuel specification under part
7045.0840;
J. petroleum coke produced from petroleum
refinery hazardous wastes containing oil at the same facility at which the
wastes were generated, unless the resulting coke product exhibits one or more
of the characteristics of hazardous waste in part
7045.0131;
K. nonwastewater splash condenser dross
residue from the treatment of K061 in high temperature metals recovery units,
provided it is shipped in drums, if shipped, and not land disposed before
recovery;
L. pipeline interface
material, provided that the material is transported solely in a pipeline system
as defined in Code of Federal Regulations, title 49, part 195, as amended, and
is:
(1) used as an ingredient in
fuel;
(2) sent to a refinery for
use as an ingredient in a refining process; or
(3) sent to a processing location for
reclamation;
M. mixtures
of different petroleum fuel products that met all fuel specifications required
by Minnesota Statutes, section
239.761,
before being mixed together, and that contain no other added water or waste,
provided the mixtures are:
(1) used as an
ingredient in fuel;
(2) sent to a
refinery for use as an ingredient in a refining process; or
(3) sent to a processing location for
reclamation;
N.
recyclable fuel, if the following conditions are met:
(1) the recyclable fuel is immediately
removed from the generation site by a transporter in compliance with all
applicable Minnesota Department of Transportation requirements in Minnesota
Statutes, sections
221.033
to
221.0355,
and Code of Federal Regulations, title 49, parts 171 to 199;
(2) the recyclable fuel is delivered to a
registered fuel recycling facility or managed as provided in part
7045.0208 within five calendar
days of being accepted by the transporter. If the recyclable fuel is rejected
after delivery to a recyclable fuel recycling facility, the time it is held at
the facility before it is rejected shall not count as part of the allowed five
calendar days;
(3) the recyclable
fuel is not transferred, stored, or off-loaded between pickup and
delivery;
(4) the recyclable fuel
is placed into the recycling process within 24 hours of receipt by a registered
fuel recycling facility or, if managed under part
7045.0208, in accordance with the
applicable requirements of that part; and
(5) if, because of a need to conduct waste
analysis, recyclable fuel cannot be placed into the recycling process within 24
hours of receipt, the owner or operator of the fuel recycling facility shall
contact the commissioner to request an extension of the storage time. A request
for an extension can be for a single event or to address an ongoing need for
additional time. A request for an extension must be submitted in writing to the
commissioner and must include:
(a) the amount
and type of waste being accepted;
(b) the amount of time that will be necessary
to conduct waste evaluation; and
(c) a description of how the waste will be
managed during the storage period, including the measures that will be in place
to prevent releases and how spills will be contained and cleaned up.
The commissioner's decision to approve holding the waste
longer than 24 hours will be based on an evaluation of whether the owner or
operator of the recycling facility can provide adequate protection of human
health and the environment until the recyclable fuel is placed into the
recycling process;
O. petroleum fuel filters if they are burned
for energy recovery under subpart
3a, or recycled as scrap
metal under item C, and are managed during accumulation and transportation in
accordance with the requirements of part
7045.0990, subparts
3 to
5; and
P. circuit boards or shredded circuit boards
being recycled, provided that they are:
(1)
stored in containers sufficient to prevent a release to the environment prior
to recovery; and
(2) free of
mercury switches, mercury relays, and nickel-cadmium batteries and lithium
batteries.
Subp.
5.
Requirements for use of hazardous waste as
feedstock.
A. Except as provided in
items B to D, hazardous wastes that are shown to be recycled by being used in a
manner specified in subitems (1) to (3), are not subject to regulation under
parts
7045.0205 to
7045.0990 and
7045.1390. This subpart does not
apply to wastes being accumulated speculatively as defined in part
7045.0020, subpart 84a, or being
managed by use constituting disposal as regulated under part
7045.0665 or burning for energy
recovery, as regulated in part
7045.0692. Hazardous wastes are
considered to be used as feedstock if they are:
(1) used or reused as ingredients in an
industrial process to make a product, provided the hazardous wastes are not
being reclaimed;
(2) used or reused
as effective substitutes for commercial products; or
(3) returned to the original process from
which they are generated, without first being reclaimed. The hazardous waste
must be returned as a substitute for raw material feedstock, and the process
must use raw materials as principal feedstocks.
B. A generator of hazardous waste for use as
feedstock is subject to the following generator requirements:
(1) parts
7045.0214 to
7045.0217 for waste evaluation
requirements;
(2) part
7045.0221 for identification
number requirements;
(3) parts
7045.0225 to
7045.0250 for licensing and
license reporting requirements;
(4)
the generator must maintain records at the licensed site for at least three
years confirming that the hazardous waste was received at the designated
facility as indicated in the management plan required by part
7045.0230; and
(5) the generator must keep records showing:
the volume of these wastes stored at the beginning of the calendar year; the
amount of these hazardous wastes generated during the calendar year; the amount
of these hazardous wastes used as a feedstock during the calendar year; and the
amount of these hazardous wastes remaining at the end of the calendar
year.
C. Transporters of
hazardous wastes for use as feedstock must comply with all applicable
requirements of Minnesota Statutes, sections
221.033
and
221.0341,
and with 221.0355 if applicable, and Code of Federal Regulations, title 49,
parts 171 to 199, as amended.
D.
Owners or operators of facilities that manage hazardous wastes for use as
feedstock are subject to the following requirements:
(1) prior to receiving the waste, as a
designated facility, the owner or operator must provide the commissioner with
written evidence to document that the hazardous waste is used as specified in
item A and that the facility has the equipment necessary to manage the
hazardous waste; and
(2) the owner
or operator must keep records showing: the volume of these hazardous wastes
stored at the beginning of the calendar year; the amount of these wastes
received during the calendar year; the amount of these hazardous wastes used as
a feedstock during the calendar year; and the amount of these hazardous wastes
remaining at the end of the calendar year.
Subp. 6.
Requirements for reclamation
of specific hazardous waste.
A. A
by-product or a sludge that is hazardous only because it exhibits a
characteristic of hazardous waste as defined in part
7045.0131 and is reclaimed is
subject to only the following requirements:
(1) A generator of such a hazardous waste is
subject to the requirements of subpart
5, item B.
(2) Transporters of such a hazardous waste
must comply with all applicable requirements of Minnesota Statutes, sections
221.033
and
221.0341,
and with 221.0355 if applicable, and Code of Federal Regulations, title 49,
parts 171 to 199, as amended.
(3)
Owners or operators of designated facilities receiving a hazardous
characteristic by-product or sludge must provide written evidence to the
commissioner prior to receiving such hazardous waste that the owner or operator
has the equipment and capability to reclaim such hazardous waste, and must keep
records showing: the volumes of such hazardous waste stored at the beginning of
the year; the amount of such hazardous waste received during the calendar year;
the amount of such hazardous waste reclaimed during the calendar year; and the
amount of such hazardous waste remaining at the end of the calendar
year.
B. This subpart
does not apply to hazardous wastes being accumulated speculatively as defined
in part
7045.0020, subpart 84a, or being
managed by use constituting disposal, as regulated under part
7045.0665 or being burned for
energy recovery as regulated by part
7045.0692.
Subp. 7.
Generator requirements.
Unless exempted specifically in this part or parts
7045.0790 to
7045.0990, a generator of
hazardous waste that is destined for recycling is subject to the requirements
of parts
7045.0205 to
7045.0325.
Subp. 8.
Transporter
requirements.
Unless exempted specifically in this part or parts
7045.0790 to
7045.0990, transporters of
hazardous waste destined for recycle are subject to the requirements of parts
7045.0351 to
7045.0397.
Subp. 9.
Facility requirements.
Unless exempted specifically in this part or parts
7045.0692 and
7045.0790 to
7045.0990, owners and operators of
facilities that recycle hazardous waste are subject to the following
requirements:
A. If the recyclable
hazardous waste is stored before it is recycled, the owners or operators are
subject to the requirements of parts
7045.0450 to
7045.0534,
7045.0540,
7045.0549,
7045.0551,
7045.0552 to
7045.0632,
7045.0645,
7045.0647,
7045.0648,
7045.0652 to
7045.0686, and
7045.1390, and chapter 7001. The
recycling process itself is exempt from regulation except as provided in item
C.
B. If the recyclable hazardous
waste is recycled without storing before recycling, the owners or operators are
subject to the requirements of parts
7045.0482, subpart
2; 7045.0556, subpart
2; 7045.0580; and
7045.0582.
C. Owners or operators
of facilities subject to RCRA permitting requirements with hazardous waste
management units that recycle hazardous wastes are subject to the process vent
and equipment leak standards in parts
7045.0549 and
7045.0551 and
7045.0647 and
7045.0648.
D. Owners and operators of fuel recycling
facilities that accept recyclable fuel must register with the agency by
submitting, on a form prescribed by the commissioner, a notification of the
owners' or operators' intent to accept recyclable fuel. The information
submitted must include the facility's name and address, a name and telephone
number of a designated contact person, and a description of the process and
equipment that will be used to manage the recyclable fuel. The facility will be
considered to be registered to accept recyclable fuel upon receipt of written
confirmation from the commissioner that the agency is aware of waste recycling
activities at the facility.
Subp.
12.
Export of industrial ethyl alcohol.
A. Unless provided otherwise in an
international agreement as authorized by Code of Federal Regulations, title 40,
section 262.58, as amended, a person initiating a shipment of industrial ethyl
alcohol for reclamation in a foreign country, and any intermediary arranging
for the shipment, must:
(1) comply with the
requirements applicable to a primary exporter in part
7045.0302, subpart
2; subpart
6, items A to D and F; and
subpart
7;
(2) export industrial ethyl alcohol for
reclamation only upon consent of the receiving country and in conformance with
the EPA Acknowledgment of Consent as specified in part
7045.0302; and
(3) provide a copy of the EPA Acknowledgment
of Consent to the transporter transporting the shipment for export.
B. Transporters transporting a
shipment for export may not accept a shipment if the shipment does not conform
to the EPA Acknowledgment of Consent, and must ensure that a copy of the EPA
Acknowledgment of Consent accompanies the shipment and that the shipment is
delivered to the designated facility.
Subp. 13.
Exports and imports.
Hazardous waste that is exported to or imported from
designated member countries of the Organization for Economic Cooperation and
Development (OECD), as defined in Code of Federal Regulations, title 40,
section 262.58(a)(1), for purposes of recovery is subject to the requirements
of part
7045.0322 if it is subject to
either the manifesting requirements of parts
7045.0261 to
7045.0265 or the universal waste
management standards of part
7045.1400.
