30 Tex. Admin. Code § 335.17 - Special Definitions for Recyclable Materials and Nonhazardous Recyclable Materials
(a) For the
purposes of the definition of "Solid waste" in §
335.1 of
this title (relating to Definitions) and §
335.24
of this title (relating to Requirements for Recyclable Materials and
Nonhazardous Recyclable Materials):
(1) A
spent material is any material that has been used and as a result of
contamination can no longer serve the purpose for which it was produced without
processing.
(2) Sludge has the same
meaning used in Texas Health and Safety Code, §
361.003.
(3) A by-product is a material that is not
one of the primary products of a production process and is not solely or
separately produced by the production process. Examples are process residues
such as slags or distillation column bottoms. The term does not include a
co-product that is produced for the general public's use and is ordinarily used
in the form in which it is produced by the process.
(4) A material is reclaimed if it is
processed to recover a usable product, or if it is regenerated. Examples are
recovery of lead values from spent batteries and regeneration of spent
solvents. For purposes of 40 Code of Federal Regulations (CFR)
§261.4(a)(23) and (24), smelting, melting, and refining furnaces are
considered to be solely engaged in metals reclamation if the metal recovery
from the hazardous secondary materials meets the same requirements as those
specified for metals recovery from hazardous waste found in §
335.221(a)(1)
of this title (relating to Applicability and Standards), and if the residuals
meet the requirements specified in §
335.221(a)(23)
of this title.
(5) A material is
used or reused if it is either:
(A) employed
as an ingredient (including use as an intermediate) in an industrial process to
make a product (for example, distillation bottoms from one process used as
feedstock in another process). However, a material will not satisfy this
condition if distinct components of the material are recovered as separate end
products (as when metals are recovered from metal-containing secondary
materials); or
(B) employed in a
particular function or application as an effective substitute for a commercial
product (for example, spent pickle liquor used as phosphorous precipitant and
sludge conditioner in wastewater treatment).
(6) Scrap metal is bits and pieces of metal
parts (e.g., bars, turnings, rods, sheets, wires) or metal pieces that may be
combined together with bolts or soldering (e.g., radiators, scrap automobiles,
railroad box cars), which when worn or superfluous can be recycled.
(7) A material is recycled if it is used,
reused, or reclaimed.
(8) A
material is accumulated speculatively if it is accumulated before being
recycled. A material is not accumulated speculatively, however, if the person
accumulating it can show that the material is potentially recyclable and has a
feasible means of being recycled; and that, during the calendar year
(commencing on January 1), the amount of material that is recycled, or
transferred to a different site for recycling, equals at least 75% by weight or
volume of the amount of that material accumulated at the beginning of the
period. Materials must be placed in a storage unit with a label indicating the
first date that the material began to be accumulated. If placing a label on the
storage unit is not practicable, the accumulation period must be documented
through an inventory log or other appropriate method. In calculating the
percentage of turnover, the 75% requirement is to be applied to each material
of the same type (e.g., slags from a single smelting process) that is recycled
in the same way (i.e., from which the same material is recovered or that is
used in the same way). Materials accumulating in units that would be exempt
from regulation under
40
CFR §261.4(c) are not
to be included in making the calculation. (Materials that are already defined
as solid wastes also are not to be included in making the calculation.)
Materials are no longer in this category once they are removed from
accumulation for recycling, however.
(9) Excluded scrap metal is processed scrap
metal, unprocessed home scrap metal, and unprocessed prompt scrap
metal.
(10) Processed scrap metal
is scrap metal which has been manually or physically altered to either separate
it into distinct materials to enhance economic value or to improve the handling
of materials. Processed scrap metal includes, but is not limited to, scrap
metal which has been baled, shredded, sheared, chopped, crushed, flattened,
cut, melted, or separated by metal type (i.e., sorted), and, fines, drosses and
related materials which have been agglomerated. (Note: shredded circuit boards
being sent for recycling are not considered processed scrap metal. They are
covered under the exclusion from the definition of solid waste for shredded
circuit boards being recycled (40 CFR
§261.4(a)(14)).
(11) Home scrap metal is scrap metal as
generated by steel mills, foundries, and refineries such as turnings, cuttings,
punchings, and borings.
(12) Prompt
scrap metal is scrap metal as generated by the metal working/fabrication
industries and includes such scrap metal as turnings, cuttings, punchings, and
borings. Prompt scrap is also known as industrial or new scrap metal.
(b) Other portions of this chapter
that relate to solid wastes that are recycled include §
335.1 of
this title, under the definition of "Solid waste", §
335.6
of this title (relating to Notification Requirements), §
335.18
of this title (relating to Non-Waste Determinations and Variances from
Classification as a Solid Waste), §
335.19
of this title (relating to Standards and Criteria for Variances from
Classification as a Solid Waste), §
335.20
of this title (relating to Variance To Be Classified as a Boiler), §
335.21
of this title (relating to Procedures for Variances from Classification as a
Solid Waste or To Be Classified as a Boiler or for Non-Waste Determinations),
§
335.22
of this title (relating to Additional Regulation of Certain Hazardous Waste
Recycling Activities on a Case-by-Case Basis), §
335.23
of this title (relating to Procedures for Case-by-Case Regulation of Hazardous
Waste Recycling Activities), §
335.24
of this title, Subchapter H of this chapter (relating to Standards for the
Management of Specific Wastes and Specific Types of Facilities), and Subchapter
V of this chapter (relating to Standards for Reclamation of Hazardous Secondary
Materials).
Notes
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