Texas Register, Volume 37, Number 40, Pages 7815-8094, October 5, 2012 Page: 7,922
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(5) the extent to which the reclaimed material is handled to
minimize loss; and
(6) other relevant factors.
(d) Other portions of this chapter that relate to solid wastes that
are recycled include 335.1 of this title (relating to Definitions), under
the definition of "Solid Waste," 335.6 of this title (relating to Notifi-
cation Requirements), 335.17 of this title (relating to Special Defini-
tions for Recyclable Materials and Nonhazardous Recyclable Materi-
als), 335.18 of this title (relating to Variances from Classification as
a Solid Waste), 335.24 of this title (relating to Requirements for Re-
cyclable Materials and Nonhazardous Recyclable Materials), and Sub-
chapter H of this chapter (relating to Standards for the Management of
Specific Wastes and Specific Types of Facilities [Materials]).
335.24. Requirements for Recyclable Materials and Nonhazardous
Recyclable Materials.
(a) Hazardous wastes that are recycled are subject to the re-
quirements for generators, transporters, and storage facilities of sub-
sections (d) - (f) of this section, except for the materials listed in sub-
sections (b) and (c) of this section. Hazardous wastes that are recycled
will be known as recyclable materials. Nonhazardous industrial wastes
that are recycled will be known as nonhazardous recyclable materials.
Nonhazardous recyclable materials are subject to the requirements of
subsections (h) - (1) of this section.
(b) The following recyclable materials are not subject to the
requirements of this section, except as provided in subsections (g) and
(h) of this section, but are regulated under the applicable provisions
of Subchapter H of this chapter (relating to Standards for the Manage-
ment of Specific Wastes and Specific Types of Facilities) and all appli-
cable provisions in Chapter 305 of this title (relating to Consolidated
Permits); Chapter 1 of this title (relating to Purpose of Rules, General
Provisions); Chapter 3 of this title (relating to Definitions); Chapter
10 of this title (relating to Commission Meetings); Chapter 17 of this
title (relating to Tax Relief for Property Used for Environmental Pro-
tection); Chapter 20 of this title (relating to Rulemaking); Chapter 37
of this title (relating to Financial Assurance); Chapter 39 of this title
(relating to Public Notice); Chapter 40 of this title (relating to Alter-
native Dispute Resolution Procedure); Chapter 50 of this title (relating
to Action on Applications and Other Authorizations); Chapter 55 of
this title (relating to Requests for Reconsideration and Contested Case
Hearings; Public Comment); Chapter 70 of this title (relating to En-
forcement); Chapter 80 of this title (relating to Contested Case Hear-
ings); and Chapter 86 of this title (relating to Special Provisions for
Contested Case Hearings)[; and Chapter 264 of this title (relating to
Impact Satements)].
(1) recyclable materials used in a manner constituting dis-
posal;
(2) hazardous wastes burned for energy recovery in boil-
ers and industrial furnaces that are not regulated under Subchapter E
of this chapter (relating to Interim Standards for Owners and Opera-
tors of Hazardous Waste Treatment, Storage, [Proessing,] or Disposal
Facilities) or Subchapter F of this chapter (relating to Permitting Stan-
dards for Owners and Operators of Hazardous Waste Treatment, Stor-
age, [Proessing,] or Disposal Facilities);
(3) recyclable materials from which precious metals are re-
claimed;
(4) spent lead-acid batteries that are being reclaimed.
(c) The following recyclable materials are not subject to reg-
ulation under Subchapters B - I or O of this chapter (relating to Haz-
ardous Waste Management General Provisions; Standards Applicableto Generators of Hazardous Waste; Standards Applicable to Trans-
porters of Hazardous Waste; Interim Standards for Owners and Op-
erators of Hazardous Waste Treatment, Storage, [Processing,] or Dis-
posal Facilities; Permitting Standards for Owners and Operators of
Hazardous Waste Treatment, Storage, [Processing,] or Disposal Facil-
ities; Location Standards for Hazardous Waste Storage, Processing, or
Disposal; Standards for the Management of Specific Wastes and Spe-
cific Types of Facilities; Prohibition on Open Dumps; and Land Dis-
posal Restrictions); Chapter 1 of this title; Chapter 3 of this title; Chap-
ter 10 of this title; Chapter 17 of this title; Chapter 20 of this title;
Chapter 37 of this title; Chapter 39 of this title; Chapter 40 of this title;
Chapter 50 of this title; Chapter 55 of this title; Chapter 70 of this title;
Chapter 80 of this title; Chapter 86 of this title; [Chapter 264 of this
title;] or Chapter 305 of this title, except as provided in subsections (g)
and (h) of this section:
(1) industrial ethyl alcohol that is reclaimed except that,
unless provided otherwise in an international agreement as specified
in the regulations contained in 40 Code of Federal Regulations (CFR)
262.58, which are in effect as of November 8, 1986:
(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 the
regulations contained in 40 CFR 262.53, 262.55, 262.56(a)(1) - (4)
and (6) and (b), and 262.57, as amended through January 8, 2010 (75
FR 1236) [which are in effects of November 8 4986], export such ma-
terials only upon such consent of the receiving country and in confor-
mance with the United States Environmental Protection Agency (EPA)
[EPA] acknowledgment of consent as defined in the regulations con-
tained in 40 CFR Part 262, Subpart E, as amended through January 8,
2010 (75 FR 1236) [which are in ffet -as ofNovember , 1986], 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 initi-
ating the shipment;
(2) scrap metal that is not already excluded under 40 CFR
261.4(a)(13);
(3) fuels produced from the refining of oil-bearing haz-
ardous 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 40 CFR
261.4(a)(12)); and
(4) the following hazardous waste fuels:
(A) Hazardous waste fuel produced from oil-bearing
hazardous wastes from petroleum refining, production or transporta-
tion 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
40 CFR 279.11 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 transporta-
tion practices, where such hazardous wastes are reintroduced into a
refining process after a point at which contaminants are removed, so37 TexReg 7922 October 5, 2012 Texas Register
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Texas. Secretary of State. Texas Register, Volume 37, Number 40, Pages 7815-8094, October 5, 2012, periodical, October 5, 2012; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth288982/m1/108/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.