Ala. Admin. Code r. 335-14-1-.03 - Rulemaking Petitions
(1)
Petitions for equivalent testing or analytical
methods.
(a) Any person seeking
to add a testing or analytical method to Chapters 335-14-2, 335-14-5 or
335-14-6 may petition for such addition under
335-14-1-.03(1).
To be successful the person must demonstrate to the satisfaction of the
Director that the proposed method is equal to or superior to the corresponding
method prescribed in Chapters 335-14-2, 335-14-5 or 335-14-6, in terms of its
sensitivity, accuracy, and precision (i.e., reproducibility).
(b) Each petition must be submitted to the
Department by certified mail and must include:
1. The petitioner's name and
address;
2. A statement of the
petitioner's interest in the proposed action;
3. A statement of the need and justification
for the proposed action;
4. A full
description of the proposed method, including all procedural steps and
equipment used in the method;
5. A
description of the types of waste or waste matrices for which the proposed
method may be used;
6. Comparative
results obtained from using the proposed method with those obtained from using
the relevant or corresponding methods prescribed in Chapters 335-14-2, 335-14-5
or 335-14-6;
7. An assessment of
any factors which may interfere with, or limit the use of, the proposed
method;
8. A description of the
quality control procedures necessary to ensure the sensitivity, accuracy, and
precision of the proposed method; and
(c) After receiving a petition for an
equivalent method, the Department may request any additional information on the
proposed method which it may reasonably require to evaluate the
method.
(d) If the Director permits
the use of a new testing method, the applicant will be notified and allowed to
use the method pending the next revision of Division 335-14. When Division
335-14 is next amended after such a determination, the equivalent method will
be proposed to be added to the rules and will be treated as any other rule
amendment under Code of Ala. 1975, §
22-22A-8.
(2)
Petitions to amend Chapter
335-14-2 to exclude a waste produced at a particular facility.
(a) Any person seeking to exclude a waste at
a particular generating facility from the lists in
335-14-2-.04 may petition for
such exclusion under
335-14-1-.03(2).
To be successful:
1. The petitioner must
demonstrate to the satisfaction of the Director that the waste produced by a
particular generating facility does not meet any of the criteria under which
the waste was listed as a hazardous or an acutely hazardous waste;
and
2. Based on a complete
application [335-14-1-.03(2)(i)],
the Director must determine, where he has a reasonable basis to believe that
factors (including additional constituents) other than those for which the
waste was listed could cause the waste to be a hazardous waste, that such
factors do not warrant retaining the waste as a hazardous waste. A waste which
is so excluded, however, still may be a hazardous waste by operation of
335-14-2-.03.
(b) The procedures in rules
335-14-1-.03(2)
and 335-14-1-.03 may also be used to
petition the Director for a regulatory amendment to exclude from
335-14-2-.01(3)(a)2.(ii) or
(c), a waste which is described in these
subparagraphs and is either a waste listed in
335-14-2-.04 or is derived from a
waste listed in
335-14-2-.04. This exclusion may
only be issued for a particular generating, storage, treatment, or disposal
facility. The petitioner must make the same demonstration as required by
335-14-1-.03(2)(a).
Where the waste is a mixture of solid waste and one or more listed hazardous
wastes or is derived from one or more hazardous wastes, his demonstration must
be made with respect to the waste mixture as a whole; analyses must be
conducted for not only those constituents for which the listed waste contained
in the mixture was listed as hazardous, but also for factors (including
additional constituents) that could cause the waste mixture to be a hazardous
waste. A waste which is so excluded may still be a hazardous waste by operation
of 335-14-2-.03.
(c) If the waste is listed with codes "I",
"C", "R", or "E" in
335-14-2-.04,
1. The petitioner must show that the waste
does not exhibit the relevant characteristic for which the waste was listed as
defined in
335-14-2-.03(2), (3), (4), or
(5) using any applicable methods prescribed
therein. The petitioner also must show that the waste does not exhibit any of
the other characteristics defined in
335-14-2-.03(2), (3), (4), or
(5) using any applicable methods prescribed
therein;
2. Based on a complete
application, the Director must determine, where he has a reasonable basis to
believe that factors (including additional constituents) other than those for
which the waste was listed could cause the waste to be hazardous waste, that
such factors do not warrant retaining the waste as a hazardous waste. A waste
which is so excluded, however, still may be a hazardous waste by operation of
335-14-2-.03;
(d) If the waste is listed with code "T" in
335-14-2-.04,
1. The petitioner must demonstrate that the
waste:
(i) Does not contain the constituent or
constituents (as defined in 335-14-2 -Appendix VII) that caused the Department
to list the waste; or
(ii) Although
containing one or more of the hazardous constituents (as defined in 335-14-2
Appendix VII) that caused the Department to list the waste, does not meet the
criterion of
335-14-2-.02(2)(a)3.
when considering the factors used by the Department in
335-14-2-.02(2)(a)3.(i) through
(xi) under which the waste was listed as
hazardous; and
2. Based
on a complete application, the Director must determine, where he has a
reasonable basis to believe that factors (including additional constituents)
other than those for which the waste was listed could cause the waste to be a
hazardous waste, that such factors do not warrant retaining the waste as a
hazardous waste; and
3. The
petitioner must demonstrate that the waste does not exhibit any of the
characteristics defined in
335-14-2-.03(2), (3), (4), or
(5) using any applicable methods prescribed
therein;
4. A waste which is so
excluded, however, still may be a hazardous waste by operation of Rule
335-14-2-.03.
(e) If the waste is listed with the code "H"
in 335-14-2-.04,
1. The petitioner must demonstrate that the
waste does not meet the criterion of
335-14-2-.02(2)(a)2.;
and
2. Based on a complete
application, the Director must determine, where he has a reasonable basis to
believe that additional factors (including additional constituents) other than
those for which the waste was listed could cause the waste to be a hazardous
waste, that such factors do not warrant retaining the waste as a hazardous
waste; and
3. The petitioner must
demonstrate that the waste does not exhibit any of the characteristics defined
in 335-14-2-.03(2), (3), (4), and
(5) using any applicable methods prescribed
therein;
4. A waste which is so
excluded, however, still may be a hazardous waste by operation of
335-14-2-.03.
(f) If a solid waste at a particular
generating facility fails the test for the characteristic of toxicity described
in 335-14-2-.03(5)
because chromium is present or is listed in
335-14-2-.04 due to the presence
of chromium, but does not fail the test for the toxicity characteristic for any
other constituent and is not listed for any other constituent, the waste may be
excluded from regulation as a hazardous waste, if the petitioner can
demonstrate all of the following:
1. The waste
meets the criteria for exclusion as described in
335-14-2-.01(4)(b)6.(i).
2. Where the waste is a mixture of solid
waste and one or more listed or hazardous wastes or is derived from one or more
hazardous wastes, this demonstration must be made with respect to the waste
mixture as a whole; analyses must be conducted for not only chromium but also
for factors (including additional constituents) that could cause the waste
mixture to be a hazardous waste.
3.
Based on a complete application [335-14-1-.03(2)(i)],
the Director must determine, where he has a reasonable basis to believe that
other factors (including additional constituents) could cause the waste to be a
hazardous waste, that such factors do not warrant retaining the waste as a
hazardous waste.
(g)
[Reserved]
(h) Demonstration
samples must consist of enough representative samples, but in no case less than
four samples, taken over a period of time sufficient to represent the
variability or the uniformity of the waste.
(i) Each petition must be submitted to the
Department by certified mail and must include:
1. The petitioner's name and
address;
2. A statement of the
petitioner's interest in the proposed action;
3. A statement of the need and justification
for the proposed action;
4. The
name and address of the laboratory facility performing the sampling or tests of
the waste;
5. The names and
qualifications of the persons sampling and testing the waste;
6. The dates of sampling and
testing;
7. The location of the
generating facility;
8. A
description of the manufacturing processes or other operations and feed
materials producing the waste and an assessment of whether such processes,
operations or feed materials can or might produce a waste that is not covered
by the demonstration;
9. A
description of the waste and an estimate of the average and maximum monthly and
annual quantities of waste covered by the demonstration;
10. Pertinent data on and discussion of the
factors delineated in the respective criterion for listing a hazardous waste,
where the demonstration is based on the factors in
335-14-2-.02(2)(a)3.;
or for a trivalent chromium waste, the exclusion criteria at
335-14-2-.01(4)(b)6.(i);
11. A description of the methodologies and
equipment used to obtain the representative samples;
12. A description of the sample handling and
preparation techniques used for extraction, containerization, and preservation
of the samples;
13. A description
of the tests performed (including results);
14. The names and model numbers of the
instruments used in performing the tests; and
15. The following statement signed by the
generator of the waste:
"I certify under penalty of law that I have personally examined and am familiar with the information submitted in this demonstration and all attached documents, and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment."
(j) After receiving a petition for an
exclusion, the Department may request any additional information which it may
reasonably require to evaluate the petition. This may include, but is not
limited to, samples of the waste collected and analyzed by the
Department.
(k) An exclusion will
only apply to the waste generated at the individual facility covered by the
demonstration and will not apply to waste from any other facility.
(l) The Director may exclude only part of the
waste for which the demonstration is submitted where he has reason to believe
that variability of the waste justifies a partial exclusion.
(m) The Department will evaluate the
application and issue a draft notice tentatively granting or denying the
exclusion. Notification of the tentative decision will be provided by a
one-time publication of notice in a daily or weekly major local newspaper of
general circulation in the locality where the generator is located. The
Department will accept comment on the tentative decision for a minimum of 30
days and may hold a hearing at its discretion. The Director will issue a final
decision after the close of the comment period and hearing (if any).
(3)
Petitions to amend
Chapter 335-14-11 to include additional hazardous wastes.
(a) Any person seeking to add a hazardous
waste or a category of hazardous waste to the universal waste regulations of
Chapter 335-14-11, may petition for a regulatory amendment under
335-14-1-.03(3)
and 335-14-11-.07.
(b) To be successful, the petitioner must
demonstrate to the satisfaction of the Director that regulation under the
universal waste regulations of Chapter 335-14-11; is appropriate for the waste
or category of waste; will improve management practices for the waste or
category of waste; and will improve implementation of the hazardous waste
program. Each petition must be submitted to the Department by certified mail
and must include:
1. The petitioner's name and
address;
2. A statement of the
petitioner's interest in the proposed action;
3. A description of the proposed action,
including (where appropriate) suggested regulatory language; and
4. A statement of the need and justification
of the proposed action, including any supporting tests, studies, or other
information. The petition should also address as many of the factors listed in
335-14-11-.07(2)
as are appropriate for the waste or category of waste addressed in the
petition.
(c) The
Director will grant or deny a petition using the factors listed in
335-14-11-.07(2).
The decision will be based on the weight of evidence showing that regulation
under Chapter 335-14-11 is appropriate for the waste or category of waste, will
improve management practices for the waste or category of waste, and will
improve implementation of the hazardous waste program.
(d) The Director may request additional
information needed to evaluate the merits of the petition.
(e) The Department will evaluate the
application and issue a draft notice tentatively granting or denying the
addition of hazardous waste or category of hazardous waste to the universal
waste regulations of Chapter 335-14-11. Notification of the tentative decision
will be provided by a one-time publication of notice in a daily or weekly major
local newspaper of general circulation in the locality where the generator is
located. The Department will accept comment on the tentative decision for a
minimum of 30 days and may hold a hearing at its discretion. The Director will
issue a final decision after the close of the comment period and hearing (if
any).
(4) through (9)
[Reserved]
(10)
Non-waste determinations and
variances from classification as a solid waste. In accordance with
the standards and criteria in
335-14-1-.03(11)
and 335-14-1-.03(14)
and the procedures in
335-14-1-.03(13),
the Department may determine on a case-by-case basis that the following
recycled materials are not solid wastes:
(a)
Materials that are accumulated speculatively without sufficient amounts being
recycled (as defined in
335-14-1-.02(3))
;
(b) Materials that are reclaimed
and then reused within the original production process in which they were
generated; or
(c) Materials that
have been reclaimed but must be reclaimed further before the materials are
completely recovered.
(d) Hazardous
secondary materials that are reclaimed in a continuous industrial process;
and
(e) Hazardous secondary
materials that are indistinguishable in all relevant aspects from a product or
intermediate.
(11)
Standards and criteria for variances from classification as a solid
waste.
(a) The Director may grant
requests for a variance from classifying as a solid waste those materials that
are accumulated speculatively without sufficient amounts being recycled if the
applicant demonstrates that sufficient amounts of the material will be recycled
or transferred for recycling in the following year. If a variance is granted,
it is valid only for the following year, but can be renewed, on an annual
basis, by filing a new application. The Director's decision will be based on
the following criteria:
1. The manner in
which the material is expected to be recycled, when the material is expected to
be recycled and whether this expected disposition is likely to occur (for
example, because of past practice, market factors, the nature of the material
or contractual arrangements for recycling);
2. The reason that the applicant has
accumulated the material for one or more years without recycling 75 percent of
the volume accumulated at the beginning of the year;
3. The quantity of material already
accumulated and the quantity expected to be generated and accumulated before
the material is recycled;
4. The
extent to which the material is handled to minimize loss; and
5. Other relevant factors.
(b) The Director may grant
requests for a variance from classifying as a solid waste those materials that
are reclaimed and then reused as feedstock within the original production
process in which the materials were generated if the reclamation operation is
an essential part of the production process. This determination will be based
on the following criteria:
1. How
economically viable the production process would be if it were to use virgin
materials, rather than reclaimed materials;
2. The extent to which the material is
handled before reclamation to minimize loss;
3. The time periods between generating the
material and its reclamation, and between reclamation and return to the
original primary production process;
4. The location of the reclamation operation
in relation to the production process;
5. Whether the reclaimed material is used for
the purpose for which it was originally produced when it is returned to the
original process, and whether it is returned to the process in substantially
its original form;
6. Whether the
person who generates the material also reclaims it; and
7. Other relevant factors.
(c) The Director may grant
requests for a variance from classifying as a solid waste those hazardous
secondary materials that have been partially reclaimed, but must be reclaimed
further before recovery is completed, if the partial reclamation has produced a
commodity-like material. A determination that a partially reclaimed material
for which the variance is sought is commodity-like will be based on whether the
hazardous secondary material is legitimately recycled as specified in
335-14-1-.03(23)
and on whether all of the following decision criteria are satisfied:
1. Whether the degree of partial reclamation
the material has undergone is substantial as demonstrated by using a partial
reclamation process other than the process that generated the hazardous
waste;
2. Whether the
partially-reclaimed material has sufficient economic value that it will be
purchased for further reclamation;
3. Whether the partially-reclaimed material
is a viable substitute for a product or intermediate produced from virgin or
raw materials which is used in subsequent production steps;
4. Whether there is a market for the
partially-reclaimed material as demonstrated by known customer(s) who are
further reclaiming the material (e.g., records of sales and/or contracts and
evidence of subsequent use, such as bills of lading); and
5. Whether the partially-reclaimed material
is handled to minimize loss.
(12)
Variance to be classified as
a boiler. In accordance with the standards and criteria in
335-14-1-.02(1)
(definition of "boiler"), and the procedures in 335-1-.03(13), the Director may
determine on a case-by-case basis that certain enclosed devices using
controlled flame combustion are boilers, even though they do not otherwise meet
the definition of a boiler contained in
335-14-1-.02(1),
after considering the following criteria:
(a)
The extent to which the unit has provisions for recovering and exporting
thermal energy in the form of steam, heated fluids or heated gases;
and
(b) The extent to which the
combustion chamber and energy recovery equipment are of integral design;
and
(c) The efficiency of energy
recovery, calculated in terms of the recovered energy compared with the thermal
value of the fuel; and
(d) The
extent to which exported energy is utilized; and
(e) The extent to which the device is in
common and customary use as a "boiler" functioning primarily to produce steam,
heated fluids or heated gases; and
(f) Other factors as appropriate.
(13)
Procedures for
variances from classification as a solid waste or to be classified as a boiler,
or for non-waste determinations. The Department will use the
following procedures in evaluating applications for variances from
classification as a solid waste, applications to classify particular enclosed
controlled flame combustion devices as boilers, or applications for non-waste
determinations:
(a) The applicant must apply
to the Department for the variance or non-waste determination. The application
must address the relevant criteria contained in
335-14-1-.03(11), (12), or
(14), as applicable.
(b) The Department will evaluate the
application and issue a draft notice tentatively granting or denying the
application. Notification of the tentative decision will be provided by
newspaper advertisement or radio broadcast in the locality where the recycler
is located, if the recycler is within Alabama, or in the locality where the
generator is located, if the recycler is located outside Alabama. The
Department will accept comment on the tentative decision for 30 days, and may
also hold a public hearing upon request or at its discretion. The Director will
issue a final decision after receipt of comments and after the hearing (if
any).
(c) In the event of a change
in circumstances that affect how a hazardous secondary material meets the
relevant criteria contained in
335-14-1-.03(11), (12) or
(14) upon which a variance or non-waste
determination has been based, the applicant must send a description of the
change in circumstances to the Director. The Director may issue a determination
that the hazardous secondary material continues to meet the relevant criteria
of the variance or non-waste determination or may require the facility to
re-apply for the variance or non-waste determination.
(d) Variances and non-waste determinations
shall be effective for a fixed term not to exceed ten years. No later than six
months prior to the end of this term, facilities must re-apply for a variance
or non-waste determination. If a facility re-applies for a variance or
non-waste determination within six months, the facility may continue to operate
under an expired variance or non-waste determination until receiving a decision
on their re-application from the Director.
(e) Facilities receiving a variance or
non-waste determination must provide notification as required by
335-14-1-.03(22).
(14)
Standards and criteria for
non-waste determinations.
(a) An
applicant may apply to the Department for a formal determination that a
hazardous secondary material is not discarded and therefore not a solid waste.
The determinations will be based on the criteria contained in
335-14-1-.03(14)(b) or
(c), as applicable. If an application is
denied, the hazardous secondary material might still be eligible for a solid
waste variance or exclusion (for example, one of the solid waste variances
under 335-14-1-.03(11).
(b) The Department may grant a non-waste
determination for hazardous secondary material which is reclaimed in a
continuous industrial process if the applicant demonstrates that the hazardous
secondary material is a part of the production process and is not discarded.
The determination will be based on whether the hazardous secondary material is
legitimately recycled as specified in
335-14-1-.03(23)
and on the following criteria:
1. The extent
that the management of the hazardous secondary material is part of the
continuous primary production process and is not waste treatment;
2. Whether the capacity of the production
process would use the hazardous secondary material in a reasonable time frame
and ensure that the hazardous secondary material will not be abandoned (for
example, based on past practices, market factors, the nature of the hazardous
secondary material, or any contractual arrangements);
3. Whether the hazardous constituents in the
hazardous secondary material are reclaimed rather than released to the air,
water or land at significantly higher levels from either a statistical or from
a health and environmental risk perspective than would otherwise be released by
the production process; and
4.
Other relevant factors that demonstrate the hazardous secondary material is not
discarded, including why the hazardous secondary material cannot meet, or
should not have to meet, the conditions of an exclusion under
335-14-2-.01(2)
or 335-14-2-.01(4).
(c) The Department may grant a non-waste
determination for hazardous secondary material which is indistinguishable in
all relevant aspects from a product or intermediate if the applicant
demonstrates that the hazardous secondary material is comparable to a product
or intermediate and is not discarded. The determination will be based on
whether the hazardous secondary material is legitimately recycled as specified
in 335-14-1-.03(23)
and on the following criteria:
1. Whether
market participants treat the hazardous secondary material as a product or
intermediate rather than a waste (for example, based on the current positive
value of the hazardous secondary material, stability of demand, or any
contractual arrangements);
2.
Whether the chemical and physical identity of the hazardous secondary material
is comparable to commercial products or intermediates;
3. Whether the capacity of the market would
use the hazardous secondary material in a reasonable time frame and ensure that
the hazardous secondary material will not be abandoned (for example, based on
past practices, market factors, the nature of the hazardous secondary material,
or any contractual arrangements);
4. Whether the hazardous constituents in the
hazardous secondary material are reclaimed rather than released to the air,
water or land at significantly higher levels from either a statistical or from
a health and environmental risk perspective than would otherwise be released by
the production process; and
5.
Other relevant factors that demonstrate the hazardous secondary material is not
discarded, including why the hazardous secondary material cannot meet, or
should not have to meet, the conditions of an exclusion under
335-14-2-.01(2)
or 335-14-2-.01(4).
(15) through (19)
[Reserved]
(20)
Additional regulation of
certain hazardous waste recycling activities on a case-by-case
basis.
(a) The Director may
decide on a case-by-case basis that persons accumulating or storing the
recyclable materials described in
335-14-2-.01(6)(a)2.(iii)
should be regulated under
335-14-2-.01(6)(b) and
(c). The basis for this decision is that the
materials are being accumulated or stored in a manner that does not protect
human health and the environment because the materials or their toxic
constituents have not been adequately contained, or because the materials being
accumulated or stored together are incompatible. In making this decision, the
Director will consider the following factors:
1. The types of materials accumulated or
stored and the amounts accumulated or stored;
2. The method of accumulation or
storage;
3. The length of time the
materials have been accumulated or stored before being reclaimed;
4. Whether any contaminants are being
released into the environment, or are likely to be so released; and
5. Other relevant factors.
(21)
Procedures for case-by-case regulation of hazardous waste recycling
activities. The Director will use the following procedures when
determining whether to regulate hazardous waste recycling activities described
in 335-14-2-.01(6)(a)2.(iii)
under the provisions of
335-14-2-.01(6)(b) and
(c), rather than under the provisions of Rule
335-14-7-.06.
(a) If a generator is accumulating the waste,
the Department will issue a notice setting forth the factual basis for the
decision and stating that the person must comply with the applicable
requirements of Rules
335-14-3-.01,
335-14-3-.03,
335-14-3-.04 and
335-14-3-.05. The notice will
become final within 30 days, unless the person served requests a public hearing
to challenge the decision. Upon receiving such a request, the Department will
hold a public hearing. The Department will provide notice of the hearing to the
public and will allow public participation at the hearing. The Director will
issue a final order after the hearing stating whether or not compliance with
Chapter 335-14-3 is required.
The order becomes effective 30 days after service of the decision unless the Department specifies a later date or unless review by the Commission is requested. The order may be appealed to the Commission by any person who participated in the public hearing. The Commission may choose to grant or to deny the appeal. Final Department action occurs when a final order is issued and Department review procedures are exhausted.
(b) If the person is accumulating the
recyclable material as a storage facility, the notice will state that the
person must obtain a permit in accordance with all applicable provisions of
Chapter 335-14-8. The owner or operator of the facility must apply for a permit
within no less than 60 days and no more than six months of notice, as specified
in the notice. If the owner or operator of the facility wishes to challenge the
Director's decision, he may do so in his permit application, in a public
hearing on the draft permit or in comments filed on the draft permit or on the
notice of intent to deny the permit. The fact sheet accompanying the permit
will specify the reasons for the Director's determination.
(22)
Notification requirement for
hazardous secondary materials.
(a) Facilities managing hazardous secondary
materials under
335-14-1-.03(10),
335-14-2-.01(4)(a)23.,
24., 25., or 27. must send a notification prior to operating under the
regulatory provision and, thereafter, no later than the 15th of the month
listed in the "specified month schedule" defined in
335-14-1-.02(1)(a)
using ADEM Form 8700-12 that includes the following information:
1. The name, address, and EPA ID number (if
applicable) of the facility;
2. The
name and telephone number of a contact person;
3. The NAICS code of the facility;
4. The regulation under which the hazardous
secondary materials will be managed;
5. For reclaimers and intermediate facilities
managing hazardous secondary materials in accordance with
335-14-2-.01(4)(a)24.
or 25., whether the reclaimer or intermediate facility has financial assurance
(not applicable for persons managing hazardous secondary materials generated
and reclaimed under the control of the generator);
6. When the facility began or expects to
begin managing the hazardous secondary materials in accordance with the
regulation;
7. A list of hazardous
secondary materials that will be managed according to the regulation (reported
as the EPA hazardous waste numbers that would apply if the hazardous secondary
materials were managed as hazardous wastes);
8. For each hazardous secondary material,
whether the hazardous secondary material, or any portion thereof, will be
managed in a land-based unit;
9.
The quantity of each hazardous secondary material to be managed annually;
and
10. The certification (included
in ADEM Form 8700-12) signed and dated by an authorized representative of the
facility.
(b) If a
facility managing hazardous secondary materials has submitted a notification,
but then subsequently stops managing hazardous secondary materials in
accordance with the regulation(s) listed above, the facility must notify the
Department within thirty (30) days using ADEM Form 8700-12. For purposes of
335-14-1-.03(22)(b),
a facility has stopped managing hazardous secondary materials if the facility
no longer generates, manages and/or reclaims hazardous secondary materials
under the regulation(s) above and does not expect to manage any amount of
hazardous secondary materials for at least 1 year.
(23) Legitimate recycling of hazardous
secondary materials.
(a) Recycling of
hazardous secondary materials for the purpose of the exclusions or exemptions
from the hazardous waste regulations 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
335-14-1-.03(23)(a)
and consider the requirements of
335-14-1-.03(23)(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:
(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 must 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 must 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 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.
(b) The following factor must 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 335-14-2 Appendix VIII
that are not found in analogous products; or
(ii) Contain concentrations of hazardous
constituents found in 335-14-2 Appendix VIII at levels that are significantly
elevated from those found in analogous products, or
(iii) Exhibit a hazardous characteristic (as
defined in
335-14-2-.03) that analogous
products do not exhibit.
2. In making a determination that a hazardous
secondary material is legitimately recycled, persons must 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
bioavailability of the toxics in the product and other relevant
considerations.
(c)
[Reserved]
Notes
Author: Stephen C. Maurer, C. Lynn Garthright, C. Edwin Johnston, Michael Champion, Bradley N. Curvin, James K. Burgess, Vernon H. Crockett; Sonja B. Favors; Brent A. Watson; Jonah L. Harris.
Statutory Authority: Code of Ala. 1975, §§ 22-30-9, 22-30-10, 22-30-11; 22-30-12.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.