Utah Admin. Code R315-260-34 - Standards and Criteria for Non-Waste Determinations
(a) An applicant may apply to the Director
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 Subsections R315-260-34(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.
(b) The Director 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 Section
R315-260-43
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 Sections
R315-261-2
or 4.
(c) The Director
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 Section
R315-260-43
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 Sections
R315-261-2
or 4.
Notes
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