North Dakota Administrative Code
Title 33.1 - Department of Environmental Quality
Article 33.1-24 - Hazardous Waste Management
Chapter 33.1-24-01 - GENERAL PROVISIONS
Section 33.1-24-01-19 - Legitimate recycling of hazardous secondary materials
Universal Citation: ND Admin Code ยง 33.1-24-01-19
Current through Supplement No. 394, October, 2024
1. Recycling of hazardous secondary materials for the purpose of the exclusions or exemptions from the hazardous waste rules must be legitimate. Hazardous secondary material that is not legitimately recycled is discarded material and is a solid waste. In determining if their recycling is legitimate, persons must address all the requirements of this subsection.
a.
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:
(1) Contributes valuable
ingredients to a product or intermediate;
(2) Replaces a catalyst or carrier in the
recycling process;
(3) Is the
source of a valuable constituent recovered in the recycling process;
(4) Is recovered or regenerated by the
recycling process; or
(5) Is used
as an effective substitute for a commercial product.
b. The recycling process must produce a
valuable product or intermediate. The product or intermediate is valuable if it
is:
(1) Sold to a third party; or
(2) 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.
c. The generator and the recycler shall
manage the hazardous secondary material as a valuable commodity when the
hazardous secondary material is under the generator's or recycler's control.
Where 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. Where there is no analogous raw
material, the hazardous secondary material must be contained. Hazardous
secondary materials that are released to the environment and are not recovered
immediately are discarded.
d. The
product of the recycling process must be comparable to a legitimate product or
intermediate:
(1) Where there is an analogous
product or intermediate, the product of the recycling process is comparable to
a legitimate product or intermediate if:
(a)
The product of the recycling process does not exhibit a hazardous
characteristic (as defined in sections
33.1-24-02-10 through
33.1-24-02-14) that analogous
products do not exhibit; and
(b)
The concentrations of any hazardous constituents found in Appendix V of
33.1-24-02 which are in the product or intermediate are at levels that are
comparable to or lower than those found in analogous products or at levels that
meet widely recognized commodity standards and specifications, in the case
where the commodity standards and specifications include levels that
specifically address those hazardous constituents.
(2) Where there is no analogous product, the
product of the recycling process is comparable to a legitimate product or
intermediate if:
(a) The product of the
recycling process is a commodity that meets widely recognized commodity
standards and specifications (for example, commodity specifications grades for
common metals); or
(b) The
hazardous secondary materials being recycled are returned to the original
process or processes from which they were generated to be reused (for example,
closed-loop recycling).
(3) If the product of the recycling process
has levels of hazardous constituents which are not comparable to or unable to
be compared to a legitimate product or intermediate per paragraph 1 or 2, the
recycling still may be shown to be legitimate, if it meets the following
specified requirements. The person performing the recycling shall conduct the
necessary assessment and prepare documentation showing why the recycling is, in
fact, still legitimate. The recycling can be shown to be legitimate based on
lack of exposure from toxics in the product, lack of the bioavailability of the
toxics in the product, or other relevant considerations that show the recycled
product does not contain levels of hazardous constituents which pose a
significant human health or environmental risk. The documentation must include
a certification statement that the recycling is legitimate and must be
maintained onsite for three years after the recycling operation has ceased. The
person performing the recycling shall notify the department of this activity
using a department-approved form.
2. [Reserved].
3. [Reserved].
General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03, 23.1-04-05; S.L. 2017, ch. 199, § 19
Disclaimer: These regulations may not be the most recent version. North Dakota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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