R 299.9206 Requirements for recyclable materials.

Rule 206. (1) Except as provided in subrules (2) to (6) of this rule, recyclable materials are subject to all the following requirements: (a) Generators and transporters of recyclable materials are subject to the applicable requirements of parts 3 and 4 of these rules. (b) Owners or operators of facilities that store recyclable materials before they are recycled are regulated under all applicable provisions of parts 5, 6, 7, and 8 of these rules. The recycling process itself is exempt from regulation, except as provided in subdivision (d) of this subrule. (c) Owners or operators of facilities that recycle recyclable materials without storing them before they are recycled are subject to the identification number requirements of 40 CFR 264.11, the manifest requirements of R 299.9608, and the reporting requirements f R 299.9610. The recycling process itself is exempt from regulation, except as provided in subdivision (d) of this subrule. (d) A hazardous waste management unit in which recyclable materials are recycled is subject to the requirements of 40 CFR part 265, subparts AA and BB if the unit is located at a facility that is described in R 299.9601(3)(a) or (b), or the requirements of R 299.9630 and R 299.9631 if the unit is located at a facility subject to the licensing requirements specified in part 111 and part 5 of these rules. (2) The following recyclable materials are not subject to the requirements of this rule, but are regulated under the applicable provisions of parts 5 and 8 of these rules: (a) Recyclable materials used in a manner that constitutes disposal. (b) Hazardous wastes burned for energy recovery in boilers and industrial furnaces that are not regulated as incinerators under part 6 of these rules. (c) Recyclable materials from which precious metals are reclaimed. (d) Spent lead-acid batteries that are being reclaimed. (3) The following recyclable materials are not subject to regulation under part 111 or these rules, except for the environmental and human health standards of R 299.9602 and R 299.9809 to R 299.9816, as applicable: (a) Industrial ethyl alcohol that is reclaimed except that exports and imports of the recyclable materials must comply with the requirements of R 299.9314. (b) Scrap metal that is not excluded under R 299.9204(1)(p). (c) Fuels produced from the refining of oil-bearing hazardous wastes together with normal process streams at a petroleum refining facility if the 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 if the recovered oil is already excluded under R 299.9204(1)(l). (d) Hazardous waste fuel that is produced from oil-bearing hazardous wastes from petroleum refining, production, or transportation practices or that is produced from oil that is reclaimed from the hazardous wastes, if the hazardous wastes are reintroduced into a process that does not use distillation or does not produce products from crude oil if the resulting fuel complies with the used oil specification in R 299.9809(1)(f) and if other hazardous wastes are not used to produce the hazardous waste fuel. (e) Hazardous waste fuel that is produced from oil-bearing hazardous waste that results from petroleum refining production and transportation practices if the hazardous wastes are reintroduced into a refining process after a point at which contaminants are removed and if the fuel complies with the used oil fuel specification in R 299.9809(1)(f). (f) Oil that is reclaimed from oil-bearing hazardous wastes that result from petroleum refining, production, and transportation practices, which reclaimed oil is burned as a fuel without reintroduction to a refining process, if the reclaimed oil complies with the used oil fuel specification in R 299.9809(1)(f). (g) Textiles, including gloves, uniforms, linens, and wipes, that are being recycled in a manner other than being burned for energy recovery or used in a manner constituting disposal if both of the following conditions are met: (i) After the textile's original use, hazardous waste is not mixed with the textile. (ii) The textiles and the containers used to transport the textiles do not contain any free liquids. (4) Used oil that is recycled and is also a hazardous waste solely because it exhibits a hazardous characteristic is not subject to regulation under part 111 or these rules, except for the environmental and human health standards in R 299.9602 and R 299.9809 to R 299.9816. Used oil that is recycled includes any used oil that is reused, after its original use, for any purpose. Used oil includes, but is not limited to, oil that is re-refined, reclaimed, burned for energy recovery, or reprocessed. (5) An owner or operator of a facility that stores lamps that meet the definition of a hazardous waste before recycling the lamps at the facility shall comply with all the following requirements: (a) Submit a written notification of hazardous waste lamp storage activity to the director. The notification must include all the following information: (i) The name, mailing address, and telephone number of the owner. (ii) The name, mailing address, and telephone number of the operator. (iii) The name, mailing address, location, and telephone number of the recycle facility. (iv) A description of the unit or units in which the lamps are managed on-site before recycling and a map that shows the location of the unit or units. (b) Obtain an identification number for the facility from the director. (c) The environmental and human health standards under R 299.9602. (d) The location standards under R 299.9603. (e) The facility design and operating standards under R 299.9604. (f) The handling requirements of R 299.9228(4)(a). (g) Ensure that facility personnel are trained with respect to proper hazardous waste handling and preparedness and prevention procedures and are familiar with the facility emergency procedures. (h) If there is a fire, explosion, or other release of hazardous waste or hazardous waste constituents that could threaten human health or the environment, or if the owner or operator has knowledge that a spill has reached surface water or groundwater, the owner or operator shall immediately notify the department's pollution emergency alerting system telephone number 800-292-4706, or the department's district office for the district in which the facility is located. The notification must include all the following information: (i) The name and telephone number of the person that is reporting the incident. (ii) The name, address, telephone number, and identification number of the facility. (iii) The date, time, and type of incident. (iv) The name and quantity of the material or materials involved and released. (v) The extent of injuries, if any. (vi) The estimated quantity and disposition of recovered materials that resulted from the incident, if any. (vii) An assessment of actual or potential hazards to human health or the environment. (viii) The immediate response action taken. (i) The area where the lamps are accumulated must be protected, as appropriate for the type of waste being stored, from weather, fire, physical damage, and vandals. (j) Accumulation must be conducted so that fugitive emissions are not in violation of part 55. (k) A written operating record must be maintained onsite by the owner or operator and contain all the following information: (i) The quantity of lamps received on-site during the calendar year. (ii) The quantity of lamps recycled at the facility during the calendar year. (iii) The documentation necessary to demonstrate that the lamps are not being stored on- site for more than 1 year. (l) The closure standards of 40 CFR 264.111 and 264.114. (m) R 299.9614 if the lamps are being stored in containers and R 299.9615 if the lamps are being stored in tanks. (n) The lamps must not be stored on-site for more than 1 year from the date that the owner or operator receives the lamps. (o) Any hazardous waste that is generated from the lamp recycle operation is subject to parts 2 to 7 of these rules. (6) Hazardous waste that is exported or imported for recovery is subject to the requirements of R 299.9314. (7) 40 CFR 264.11, 264.111, and 264.114, and part 265, subparts AA and BB, are adopted by reference in R 299.11003.