020-1 Wyo. Code R. §§ 1-261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
(a) IBR AND
EXCEPTIONS. 40 CFR Part 261 and all Subparts, except Sections 261.4(b)(11),
(b)(16), and (b)(17), 261.400 (a-b), 261.410(e-f), 261.411, 261.420,
261.1035(b)(1), 261.1064(b)(2), Subpart H, Appendix IX, and the language "in
the Region where the sample is collected" in
40
CFR 261.4(e)(3)(iii), are
herein incorporated by reference.
(i) For
purposes of
40
CFR 261.10 and 40 CFR 261.11, "Administrator"
shall be defined as the U.S. Environmental Protection Agency
Administrator.
(ii) For purposes of
40
CFR 261.39(a)(5), and
261.41,
"EPA" shall be defined as the U.S. Environmental Protection Agency.
(iii) For purposes of
40
CFR 261.41(a), "Regional
Administrator" shall be defined as U.S. Environmental Protection Agency Region
8 Regional Administrator. Copies of advance notification required under this
section shall also be sent to the Director.
(b) ADDITIONAL REQUIREMENTS FOR RECYCLABLE
MATERIALS.
(i) Sham Recycling. The Director
may determine that a proposed hazardous waste recycling activity constitutes
sham recycling. Hazardous waste treatment or disposal activity determined to be
sham recycling shall be subject to the permitting requirements under these
rules. The Director shall consider the following criteria in making this
determination.
(A) The secondary material
contains a hazardous constituent defined in 40 CFR 261, Appendix VII not found
in the analogous raw material or at greater levels than the analogous raw
material;
(B) The secondary
material exhibits a hazardous characteristic that the analogous raw material
does not;
(C) The secondary
material is being used in excess of the amount of raw material that would
otherwise be used;
(D) The
recycling process (including storage) is likely to release hazardous
constituents or otherwise pose risks to human health or the environment that
are different from or greater than the risks posed by the processing of an
analogous raw material or product;
(E) The secondary material to be recycled
does not have value as a raw material or product and there is no guaranteed
market for the end product;
(F) The
secondary material is not handled in a manner consistent with the raw material
or product it replaces;
(G) The
toxic constituent in the secondary material is useful in the production of the
product or the product itself;
(H)
Economics of the recycling process; or
(I) Other factors the Director deems
relevant.
(ii) No process
in which liquids, solids, sludges, or dissolved constituents are collected or
separated in process units for recycling, recovery, or reuse including the
recovery of energy, within a continuous or batch manufacturing or refining
process shall be considered a sham recycling activity under this
Section.
Notes
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