Utah Administrative Code
Topic - Environmental Quality
Title R315 - Waste Management and Radiation Control, Waste Management
Rule R315-260 - Hazardous Waste Management System
Section R315-260-43 - Legitimate Recycling of Hazardous Secondary Materials
Universal Citation: UT Admin Code R 315-260-43
Current through Bulletin 2024-06, March 15, 2024
(a) Recycling of hazardous secondary materials for the purpose of the exclusions or exemptions from the hazardous waste regulations shall 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 shall address all the requirements of Subsections R315-260-43(a)(1) through (3) and shall consider the requirements of Subsection R315-260-43(b).
(1) Legitimate recycling shall 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:
(i) Contributes valuable ingredients to a
product or intermediate; or
(ii)
Replaces a catalyst or carrier in the recycling process; or
(iii) Is the source of a valuable constituent
recovered in the recycling process; or
(iv) Is recovered or regenerated by the
recycling process; or
(v) Is used
as an effective substitute for a commercial product.
(2) The recycling process shall produce a
valuable product or intermediate. The product or intermediate is valuable if it
is:
(i) Sold to a third party; or
(ii) 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 shall
manage the hazardous secondary material as a valuable commodity when it is
under their control. Where there is an analogous raw material, the hazardous
secondary material shall 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 shall be
contained. Hazardous secondary materials that are released to the environment
and are not recovered immediately are discarded.
(b) The following factor shall be considered in making a determination as to the overall legitimacy of a specific recycling activity.
(1) The product of the recycling
process does not:
(i) Contain significant
concentrations of any hazardous constituents found in Section
R315-261-1092
that are not found in analogous products; or
(ii) Contain concentrations of hazardous
constituents found in Section
R315-261-1092
at levels that are significantly elevated from those found in analogous
products, or
(iii) Exhibit a
hazardous characteristic, as defined in Subsections
R315-261-20
through 24, that analogous products do not exhibit.
(2) In making a determination that a
hazardous secondary material is legitimately recycled, persons shall evaluate
all factors and consider legitimacy as a whole. If, after careful evaluation of
these considerations, the factor in this paragraph is not met, then this fact
may be an indication that the material is not legitimately recycled. However,
the factor in this paragraph 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 bio
availability of the toxics in the product and other relevant
considerations.
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