Section 661.06. Requirements for recyclable materials.

 

(1)  

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

(b) All of the following recyclable materials are not subject to this section but are regulated under subchs. C to N of ch. NR 666 and all applicable provisions in ch. NR 670 :

1. Recyclable materials used in a manner constituting disposal (subch. C of ch. NR 666 ).

2. Hazardous wastes burned for energy recovery in boilers and industrial furnaces that are not regulated under subch. O of ch. NR 664 or subch. O of ch. NR 665 (subch. H of ch. NR 666 ).

3. Recyclable materials from which precious metals are reclaimed (subch. F of ch. NR 666 ).

4. Spent lead-acid batteries that are being reclaimed (subch. G of ch. NR 666 ).

(c) All of the following recyclable materials are not regulated under chs. NR 662 to 670 , and are not subject to s. NR 660.07 :

1. Industrial ethyl alcohol that is reclaimed except that, unless provided otherwise in an international agreement specified in s. NR 662.058 :

a. A person initiating a shipment for reclamation in a foreign country, and any intermediary arranging for the shipment, shall comply with the requirements applicable to a primary exporter in ss. NR 662.053 , 662.056 (1) (a) to (d) , (f) and (2) , and 662.057 , export the materials only upon consent of the receiving country and in conformance with the EPA acknowledgment of consent as defined in subch. E of ch. NR 662 , 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 the transporter knows the shipment does not conform to the EPA acknowledgment of consent, shall ensure that a copy of the EPA acknowledgment of consent accompanies the shipment and shall ensure that it is delivered to the facility designated by the person initiating the shipment.

2. Scrap metal that is not excluded under s. NR 661.04 (1) (m) .

3. Fuels produced from the refining of oil-bearing hazardous waste along 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, where the recovered oil is already excluded under s. NR 661.04 (1) (L) ).

4. All of the following:

a. Hazardous waste fuel produced from oil-bearing hazardous wastes from petroleum refining, production or transportation practices, or produced from oil reclaimed from the hazardous wastes, where the 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 s. NR 679.11 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 transportation practices, where the 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 s. NR 679.11 .

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 s. NR 679.11 .

(d) Used oil that is recycled and is also a hazardous waste solely because it exhibits a hazardous characteristic is not subject to chs. NR 660 to 668 , but is regulated under ch. NR 679 . 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). This term includes, but is not limited to, oil which is re-refined, reclaimed, burned for energy recovery or reprocessed.

(e) Hazardous waste that is exported to or imported from designated member countries of the Organization for Economic Cooperation and Development (OECD) (as defined in s. NR 662.058 (1) (a) ) for purpose of recovery is subject to subch. H of ch. NR 662 if it is subject to either the manifesting requirements of ch. NR 662 or to the universal waste management standards of ch. NR 673 .

(2)  Generators and transporters of recyclable materials are subject to the applicable requirements of chs. NR 662 and 663 and the notification requirements under s. NR 660.07 , except as provided in sub. (1) .

(3)  

(a) Owners and operators of facilities that store recyclable materials before they are recycled are regulated under all applicable provisions of subchs. A to L , AA , BB and CC of ch. NR 664 and subchs. A to L , AA , BB and CC of ch. NR 665 , and under chs. NR 666 to 670 and s. NR 660.07 , except as provided in sub. (1) . (The recycling process itself is exempt from regulation except as provided in sub. (4) .)

(b) Owners or operators of facilities that recycle recyclable materials without storing them before they are recycled are subject to all of the following requirements, except as provided in sub. (1) :

1. Section NR 660.07 .

2. Sections NR 665.0071 and 665.0072 (dealing with the use of the manifest and manifest discrepancies).

3. Subsection (4) .

(4)  Owners or operators of facilities subject to s. 291.25 , Stats., licensing requirements with hazardous waste management units that recycle hazardous wastes are subject to subchs. AA and BB of ch. NR 664 or subchs. AA and BB of ch. NR 665 .

History: CR 05-032 : cr. Register July 2006 No. 607 , eff. 8-1-06; correction in (1) (b) (intro.) made under s. 13.92 (4) (b) 7. , Stats., Register February 2012 No. 674 ; corrections in (1) (b) 2., (3) (a), (4) made under s. 13.92 (4) (b) 7. , Stats., Register March 2013 No. 687 .