7 Del. Admin. Code § 1302-261-A-261.6

Current through Reigster Vol. 28, No. 6, December 1, 2024

Section 1302-261-A-261.6 - Special requirements for hazardous waste which is used, re-used, recycled or reclaimed

(a)

(1) Hazardous wastes that are recycled are subject to the requirements for generators, transporters, and storage facilities of paragraphs (b) and (c) of this section, except for the materials listed in paragraphs (a)(2) and (a)(3) of this section. Hazardous wastes that are recycled will be known as recyclable materials.

(2) The following recyclable materials are not subject to the requirements of this section but are regulated under Subparts C through N of Part 266 of these regulations, Subpart E of Part 263, and all applicable provisions in Parts 268, 122 and 124 of these regulations:

(i) Recyclable materials used in a manner constituting disposal (Part 266, Subpart C);

(ii) Hazardous wastes burned (as defined in section 266.100(a)) in boilers and industrial furnaces that are not regulated under Subpart O of Part 264 or 265 of these regulations (Part 266, Subpart H);

(iii) Recyclable materials from which precious metals are reclaimed (Part 266, Subpart F);

(iv) Spent lead-acid batteries that are being reclaimed (Part 266, Subpart G). Note: Spent lead-acid batteries destined for reclamation are not subject to the transporter permitting requirements of Part 263.

(3) The following recyclable materials are not subject to regulation under Parts 262 through 266 except Part 263 as applicable, Part 268 or Parts 122 or 124 of these regulations, and are not subject to the notification requirements of 7 Del.C., Chapter 63.

(i) Industrial ethyl alcohol that is reclaimed except that exports and imports of such recyclable materials must comply with the requirements of Part 262, Subpart H of these regulations.

(A) A person initiating a shipment for reclamation in a foreign country, and any intermediary arranging for the shipment, must comply with the requirements applicable to a primary exporter in §§ 262.53, 262.56(a)(1) -(4), (6), and (b), and 262.57, export such materials only upon consent of the receiving country and in conformance with the EPA Acknowledgment of Consent, as defined in Subpart E of Part 262, and provide a copy of the EPA Acknowledgment of Consent to the shipment to the transporter transporting the shipment for export;

(B) Transporters transporting a shipment for export may not accept a shipment if he knows the shipment does not conform to the EPA Acknowledgment of Consent, must ensure that a copy of the EPA Acknowledgment of Consent accompanies the shipment and must ensure that it is delivered to the facility designated by the person initiating the shipment.

(ii) Scrap metal that is not excluded under § 261.4(a)(13);

(iii) Fuels produced from the refining of oil-bearing hazardous waste 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 § 261.4(a)(12) );

(iv)

(A) 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 so long as the resulting fuel meets the used oil specification under § 279.11 of these regulations and so long as no other hazardous wastes are used to produce the hazardous waste fuel;

(B) 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, so long as the fuel meets the used oil fuel specification under § 279.11 of these regulations; and

(C) 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, so long as the reclaimed oil meets the used oil fuel specification under § 279.11 of these regulations.

(4) 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 Parts 260 through 268 of these regulations, but is regulated under Part 279 of these regulations. Used oil that is recycled includes any used oil which is reused, following its original use, for any purpose (including the purpose for which the oil was originally used). Such term includes, but is not limited to, oil which is re-refined, reclaimed, burned for energy recovery, or reprocessed.

(5) Hazardous waste that is exported to or imported for purpose of recovery is subject to the requirements of Part 262, Subpart H.

(v) Petroleum coke produced from petroleum refinery hazardous wastes containing oil by the same person who generated the waste, unless the resulting coke product exceeds one or more of the characteristics of hazardous waste in Part 261, Subpart C.

(b) Generators and transporters of recyclable materials are subject to the applicable requirements of Parts 262 and 263 of these regulations and the notification requirements under 7 Del.C., Chapter 63 except as provided in paragraph (a) of this section.

(c)

(1) Owners or operators of facilities that store recyclable materials before they are recycled are regulated under all applicable provisions of Subparts A through L, AA, BB and CC of Parts 264 and 265, and under Parts 122, 124, 266, and 268 of these regulations and the notification requirements under 7 Del.C., Chapter 63, except as provided in paragraph (a) of this section. (The recycling process itself is exempt from regulation except as provided in § 261.6(d).)

(2) 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 paragraph (a) of this section:

(i) Notification requirements under 7 Del.C.,Chapter 63;

(ii) Sections 265.71 and 265.72 (dealing with the use of the manifest and manifest discrepancies) of these regulations.

(iii) Section 261.6(d) of these regulations.

(iv) Section 265.75 of these regulations.

(d) Owners or operators of facilities subject to DNREC permitting requirements with hazardous waste management units that recycle hazardous wastes are subject to the requirements of Subparts AA and BB of Part 264 or 265 of these regulations.

(Amended November 21, 1985; August 29, 1988; May 17, 1990; August 10, 1990; July 26, 1994, August 1, 1995, July 23, 1996, August 21, 1997, January 1, 1999, August 23, 1999)

7 Del. Admin. Code § 1302-261-A-261.6

15 DE Reg. 862 (12/01/11)
22 DE Reg. 678 (2/1/2019)
24 DE Reg. 711 (1/1/2021)(final)