Section NR 660.43 - Legitimate recycling of hazardous secondary material(1) FACTORS THAT ARE REQUIRED. Recycling of hazardous secondary material for the purpose of the exclusions or exemptions from the hazardous waste rules shall be legitimate. Hazardous secondary material that is not legitimately recycled is discarded material and is a solid waste. In determining if recycling is legitimate, a person shall address all of the requirements under this subsection and consider the requirements in sub. (2). Legitimate recycling under this subsection includes all of the following: (a)Factor 1. Legitimate recycling shall involve a hazardous secondary material that provides a useful contribution to the recycling process or to a product or intermediate of the recycling process. The hazardous secondary material provides a useful contribution if it meets any of the following conditions: 1. It contributes valuable ingredients to a product or intermediate.2. It replaces a catalyst or carrier in the recycling process.3. It is the source of a valuable constituent recovered in the recycling process.4. It is recovered or regenerated by the recycling process.5. It is used as an effective substitute for a commercial product.(b)Factor 2. The recycling process shall produce a valuable product or intermediate. The product or intermediate is valuable if it is one of the following: 1. Sold to a third party.2. Used by the recycler or the generator as an effective substitute for a commercial product or as an ingredient or intermediate in an industrial process.(c)Factor 3. The generator and the recycler shall manage the hazardous secondary material as a valuable commodity when it is under their control. Where there is an analogous raw material, the hazardous secondary material shall be managed, at a minimum, in a manner consistent with the management of the raw material or in an equally protective manner. Where there is no analogous raw material, the hazardous secondary materials shall be contained. Hazardous secondary material that are released into the environment and are not recovered immediately are discarded.(2) FACTOR THAT SHALL BE CONSIDERED. In making a determination that a hazardous secondary material is legitimately recycled, a person shall evaluate all factors in par. (a) and consider legitimacy as a whole. If, after careful evaluation of these considerations, the factor in this subsection is not met, then this fact may be an indication that the material is not legitimately recycled. However, the factor in this subsection does not have to be met for the recycling to be considered legitimate. In evaluating the extent to which this factor is met and in determining whether a process that does not meet this factor is still legitimate, a person can consider exposure from toxics in the product, the bioavailability of the toxics in the product and other relevant considerations. In making a determination as to the overall legitimacy of a specific recycling activity, all of the following factors shall be considered: (a)Factor 4. Whether any of the following applies to the product of the recycling process does not: 1. Contains significant concentrations of any hazardous constituents found in ch. NR 661 Appendix VIII that are not found in analogous products.2. Contains concentrations of hazardous constituents found in ch. NR 661 Appendix VIII at levels that are significantly elevated from those found in analogous products.3. Exhibits a hazardous characteristic, as defined in subch. C of ch. NR 661, that analogous products do not exhibit.Wis. Admin. Code Department of Natural Resources NR 660.43
Adopted by, CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20; correction in (1) (c), (2) (intro.), (a) 1., 2. made under s. 35.17, Stats., Register August 2020 No. 776, eff. 9/1/2020