LAC 33:V.4105. Requirements for Recyclable Material

A. Hazardous wastes that are recycled are subject to the requirements for generators, transporters, and storage facilities in Subsections B-E of this Section, except for the materials listed in Paragraphs A.1 and 2 of this Section. Hazardous wastes that are recycled will be known as recyclable materials. 1. The following recyclable materials are not subject to regulation under LAC 33:V.Subpart 1, and are not subject to the notification requirements of LAC 33:V.105 or Section 3010 of RCRA: a. industrial ethyl alcohol that is reclaimed, except that exports and imports of such recyclable materials shall comply with LAC 33:V.Chapter 11.Subchapter B: i. the person initiating a shipment for reclamation in a foreign country, and any intermediary arranging for the shipment, shall comply with the requirements applicable to an exporter in LAC 33:V.Chapter 11.Subchapter B with the exception of 40 CFR 262.83(c); ii. a transporter transporting a shipment for export or import shall comply with the movement document requirements listed in LAC 33:V.1307.A and C; b. scrap metal that is not excluded under LAC 33:V.105.D.1.m; c. fuels produced from the refining of oil-bearing hazardous wastes along with normal process streams at a petroleum refining facility if such wastes result from normal petroleum refining, production, and transportation practices (this exemption does not apply to fuels produced from oil recovered from oil-bearing hazardous waste, where such recovered oil is already excluded under LAC 33:V.105.D.1.l); d. the following recyclable materials: i. hazardous waste fuel produced from oil-bearing hazardous wastes from petroleum refining, production, or transportation practices, or produced from oil reclaimed from such hazardous wastes, where such hazardous wastes are reintroduced into a process that does not use distillation or does not produce products from crude oil as long as the resulting fuel meets the used oil specification under LAC 33:V.4005 and as long as no other hazardous wastes are used to produce the hazardous waste fuel; ii. hazardous waste fuel produced from oil-bearing hazardous waste from petroleum refining, production, and transportation practices, where such hazardous wastes are reintroduced into a refining process after a point at which contaminants are removed, as long as the fuel meets the used oil fuel specification under LAC 33:V.4005; and iii. oil reclaimed from oil-bearing hazardous wastes from petroleum refining, production, and transportation practices, which reclaimed oil is burned as a fuel without reintroduction to a refining process, as long as the reclaimed oil meets the used oil fuel specification under LAC 33:V.4005. 2. The following recyclable materials are not subject to the requirements of this Section but are regulated under LAC 33:V.4139, 4141, 4143, and 4145, and all applicable provisions as provided in LAC 33:V.Chapters 1, 3, 5, 7, 22, 27, 31, 42, and 43: a. recyclable materials used in a manner constituting disposal; b. hazardous wastes burned, as defined in LAC 33:V.3001.A, in boilers and industrial furnaces that are not regulated under LAC 33:V.Chapter 31 or 43.Subchapter N; c. recyclable materials from which precious metals are reclaimed; and d. spent lead-acid batteries that are being reclaimed. 3. Used oil that is recycled and is also a hazardous waste solely because it exhibits a hazardous characteristic is not subject to the requirements of LAC 33:V.Subpart 1, but is regulated under LAC 33:V.Chapter 40. Used oil that is recycled includes any used oil that is reused, following its original use, for any purpose (including the purpose for which the oil was originally used). The term includes, but is not limited to, oil that is re-refined, reclaimed, burned for energy recovery, or reprocessed. 4. Hazardous waste that is exported to or imported for purpose of recovery is subject to LAC 33:V.Chapter 11.Subchapter B. B. Generators and transporters of recyclable materials are subject to the applicable requirements of LAC 33:V.Chapters 10, 11 and 13 and the notification requirements of LAC 33:V.105, except as provided in Paragraph A.1 of this Section. C. Owners and operators of facilities that store recyclable materials before they are recycled are regulated under all applicable provisions of LAC 33:V.Chapters 3, 5, 10, 11, 15, 19, 21, 22, 23, 29, 33, 35, and 37, and Chapter 43.Subchapters A-K; and the notification requirements of LAC 33:V.105.A, except as provided in Subsection A of this Section. The recycling process itself is exempt from regulation, except as provided in Subsection E of this Section. D. Owners or operators of facilities that recycle recyclable materials without storing them before they are recycled are subject to the following requirements, except as provided in Subsection A of this Section: 1. notification requirements of LAC 33:V.105.A; 2. LAC 33:V.1516.B and C, dealing with the use of manifest and manifest discrepancies; 3. Subsection E of this Section; and 4. LAC 33:V.1529.D (Annual Report). E. Owners or operators subject to LAC 33:V.Subpart 1 permitting requirements with hazardous waste management units that recycle hazardous wastes are subject to the requirements of LAC 33:V.Chapter 17 and Chapter 43.Subchapters Q-R.