(a) IBR AND EXCEPTIONS. 40 CFR Part 261 and all Subparts, except Sections 261.4(b)(11), 261.4(b)(16), 261.4(b)(17), 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 as provided in 40 CFR. For the purposes of Part 261, the State is not adopting the changes associated with 73 FR 62668; October 30, 2008; Definition of Solid Waste. - (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.
- (ill) 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
- (iv) For purposes of 40 CFR 261.5(c)(5), the phrase "or used batteries (or used battery cells) returned to a battery manufacturer for regeneration" should be inserted after the reference to "40 CFR part 266, Subpart G."
(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 and/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 Section 261(b) of this Chapter.
020-1 Wyo. Code R. § 1-261