Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
Scope.
This part applies to hazardous wastes that are used in a
manner constituting disposal.
A. For
the purposes of this part, use constituting disposal means the application or
placement of recyclable wastes in or on the land without mixing with other
substances or after mixing or combining with any other substances.
B. Hazardous wastes are not used in a manner
constituting disposal if:
(1) they are a
product produced for the general public's use;
(2) they contain recyclable hazardous wastes;
and if the recyclable hazardous wastes have undergone a chemical reaction in
the course of producing the products so as to become inseparable by physical
means; and
(3) the products meet
the applicable treatment standards in Code of Federal Regulations, title 40,
sections 268.40 to 268.49, as incorporated in part
7045.1390, or, if no treatment
standards have been established, meet the applicable prohibition levels in Code
of Federal Regulations, title 40, section 268.32, as incorporated in part
7045.1390, or RCRA section 3004(d)
where no treatment standards have been established, for each hazardous waste
that they contain.
C.
Antiskid/deicing uses of slags, which are generated from high temperature
metals recovery (HTMR) processing of hazardous waste K061, K062, and F006, in a
manner constituting disposal are not covered by the exemption in item B and
remain subject to regulation.
D.
Fertilizers that contain recyclable materials are not subject to regulation
provided that:
(1) they are zinc fertilizers
that meet the requirements in Code of Federal Regulations, title 40, section
261.4(a)(21), as amended; or
(2)
they meet the applicable treatment standards in Code of Federal Regulations,
title 40, sections 268.40 to 268.49, as incorporated in part
7045.1390, for each hazardous
waste that they contain.
Subp. 1a.
Land application
prohibition.
The following materials may not be placed in solid waste, in
or on the land, or in or on waters of the state unless approved by the
commissioner:
A. hazardous waste;
and
B. a mixture of hazardous waste
and other material.
Subp.
1b.
Evaporation disposal prohibition.
Generators must not by intentional evaporation dispose of
hazardous waste. The following specific treatment activities by generators,
when conducted in accordance with part
7045.0450, subpart
3, item K, or 7045.0552,
subpart
3, item K, are not
prohibited:
A. volume reduction
through evaporation of water from an aqueous hazardous waste that does not
contain any volatile hazardous constituents; and
B. polymerization to solidify polyester
wastes or other chemical fixation processes which must be conducted in open
containers to allow heat and pressure to be vented for safety
reasons.
Subp. 2.
Standards applicable to generators of wastes used in a manner that
constitutes disposal.
Generators of wastes that are used in a manner that
constitutes disposal are subject to the requirements of parts
7045.0205 to
7045.0325.
Subp. 3.
Standards applicable to
transporters of wastes used in a manner that constitutes disposal.
Transporters of wastes that are used in a manner that
constitutes disposal are subject to the requirements of parts
7045.0351 to
7045.0397.
Subp. 4.
Standards applicable to
facilities managing wastes that are to be used in a manner that constitutes
disposal.
Facilities managing wastes in a manner that constitutes
disposal are subject to the following requirements:
A. owners or operators of facilities that
store recyclable wastes that are to be used in a manner that constitutes
disposal, but who are not the ultimate users of the wastes are subject to all
applicable provisions of parts
7045.0450 to
7045.0551, and
7045.0552 to
7045.0649, and chapter 7001;
and
B. owners or operators of
facilities that use recyclable wastes that are to be used in a manner that
constitutes disposal are subject to all applicable provisions of parts
7045.0450 to
7045.0551,
7045.0552 to
7045.0649, and
7045.1390 and chapter
7001.
Statutory Authority: MS s
14.07;
115.03;
116.07;
116.37
