Mich. Admin. Code R. 299.9232 - Legitimate recycling of hazardous secondary materials
Rule 232.
(1) The
recycling of a hazardous secondary material for the purpose of exclusion or
exemption from the regulation as a hazardous waste must be legitimate. A
hazardous secondary material that is not legitimately recycled is a discarded
material and, therefore, a waste. In determining if the recycling is
legitimate, a person shall address all of the following requirements and
consider the requirements of subrule (2) of this rule.
(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. A
hazardous secondary material provides a useful contribution if it meets 1 of
the following requirements:
(i) It contributes
a valuable ingredient to a product or intermediate.
(ii) It replaces a catalyst or carrier in the
recycling process.
(iii) It is the
source of a valuable constituent recovered in the recycling process.
(iv) It is recovered or regenerated by the
recycling process.
(v) It is used
as an effective substitute for a commercial product.
(b) The recycling process must produce a
valuable product or intermediate. A product or intermediate is valuable if it
meets 1 of the following requirements:
(i) It
is sold to a third party.
(ii) It
is 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 it is under their control. If 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. If there is no analogous raw material, the hazardous
secondary material must be contained. A hazardous secondary material that is
released to the environment and is not recovered immediately is
discarded.
(2) A person
making a determination regarding the legitimacy of a specific recycling
activity shall consider the following factors:
(a) The product of the recycling process does
not do any of the following:
(i) Contain
significant concentrations of any hazardous constituents found in appendix VIII
of 40 CFR part 261 at levels that are not found in analogous
products.
(ii) Contain
concentrations of hazardous constituents found in appendix VIII of 40 CFR part
261 at levels that are significantly elevated from those found in analogous
products.
(iii) Exhibit a hazardous
characteristic as defined in
R
299.9212 that analogous products do not
exhibit.
(b) In making a
determination that a hazardous secondary material is legitimately recycled, a
person shall evaluate all factors and consider the legitimacy as a whole. If
the evaluation of the considerations in subdivision (a) of this subrule
indicate that the factor is not met, it may be an indication that the material
is not legitimately recycled. The factor in subdivision (a) of this subrule
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 may
consider exposure from toxics in the product, the bioavailability of the toxics
in the product, and other relevant considerations.
Notes
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