Class A regulated recyclable materials are those regulated
recyclable materials that, because of some inherent property of the materials,
or because of some inherent property of the recycling process, or because the
conditions of the recycling are such as to motivate the recycler to manage the
recycling with minimum hazard to public health, safety, and welfare, and the
environment, have been determined by the Department to require a degree of
regulation sufficiently stringent to protect public health, safety, and
welfare, and the environment, from any significant potential hazard, but not so
stringent as to discourage the recycling of these materials as a socially and
environmentally desirable alternative to disposal. The following are Class A
recyclable materials:
(1) Those
regulated recyclable materials that are neither used in a manner constituting
disposal nor burned for energy recovery nor accumulated speculatively and are
either:
(a) used or reused as ingredients in
an industrial process to make a product, provided that the materials are not
being reclaimed; or
(b) used or
reused as substitutes for commercial products; or
(c) generated onsite, removed from the
original production process, and returned as substitutes for feedstock in the
original production process without being reclaimed.
(2) Industrial ethyl alcohol that is reused
or reclaimed; however, persons initiating a shipment for reclamation in a
foreign country, and any intermediary arranging for such a shipment shall also
comply with the requirements of
40 CFR
261.6(a)(3)(i)(A) and
transporters transporting such a shipment for export shall comply with
40 CFR
261.6(a)(3)(i)(B) and which
are incorporated by reference with the following additions, modifications and
exceptions:
(a) The following text is added
after "262.57": "as adopted at
310 CMR
30.361 ".
(b) The following text is added after
"subpart E of part 262": "as adopted at
310 CMR
30.361 ".
(3) (Reserved).
(4) Used oil fuel burned at the site of
generation for energy recovery in a used oil fuel fired space heater and in
compliance with the applicable provisions of
310 CMR
30.222 and
30.256.
(5) A sludge having the characteristics of a
hazardous waste when being reclaimed.
(6) A by-product having the characteristics
of a hazardous waste when being reclaimed.
(7) A commercial chemical product listed in
310
CMR
30.133 or
30.136,
or that exhibits a hazardous waste characteristic described at
310 CMR
30.120, which has never been used and which
is being reclaimed.
(8) Waste oil
including, but not limited to, waste oil that has the characteristics of a
hazardous waste and is not hazardous waste fuel, if recycled in some other
manner than being burned for energy recovery.
(9) Specification used oil fuel burned for
energy recovery in a fossil fuel utilization facility other than a used oil
fuel fired space heater, and otherwise handled in compliance with
310 CMR
30.250.
(10) A material recycled in a completely
enclosed recycling system at the site of generation (
e.g.,
stills, silver recovery units), except such material recycled at a photo
processor subject to
310 CMR 71.00, and except
such material recycled at a printer subject to
310 CMR 71.00, provided:
(a) Reclamation does not involve controlled
flame combustion (such as occurs in boilers, industrial furnaces, or
incinerators); and
(b) The
reclaimed material is not used to produce:
1.
a fuel, including a hazardous waste fuel, or
2. products that are used in a manner
constituting disposal.
