Section 30.212 - Class A Regulated Recyclable MaterialsClass A regulated recyclable materials are those regulated recyclable materials that, because of some inherent property of the materials, or because of some inherent property of the recycling process, or because the conditions of the recycling are such as to motivate the recycler to manage the recycling with minimum hazard to public health, safety, and welfare, and the environment, have been determined by the Department to require a degree of regulation sufficiently stringent to protect public health, safety, and welfare, and the environment, from any significant potential hazard, but not so stringent as to discourage the recycling of these materials as a socially and environmentally desirable alternative to disposal. The following are Class A recyclable materials:
(1) Those regulated recyclable materials that are neither used in a manner constituting disposal nor burned for energy recovery nor accumulated speculatively and are either:(a) used or reused as ingredients in an industrial process to make a product, provided that the materials are not being reclaimed; or(b) used or reused as substitutes for commercial products; or(c) generated onsite, removed from the original production process, and returned as substitutes for feedstock in the original production process without being reclaimed.(2) Industrial ethyl alcohol that is reused or reclaimed; however, persons initiating a shipment for reclamation in a foreign country, and any intermediary arranging for such a shipment shall also comply with the requirements of 40 CFR 261.6(a)(3)(i)(A) and transporters transporting such a shipment for export shall comply with 40 CFR 261.6(a)(3)(i)(B) and which are incorporated by reference with the following additions, modifications and exceptions:(a) The following text is added after "262.57": "as adopted at 310 CMR 30.361 ".(b) The following text is added after "subpart E of part 262": "as adopted at 310 CMR 30.361 ".(4) Used oil fuel burned at the site of generation for energy recovery in a used oil fuel fired space heater and in compliance with the applicable provisions of 310 CMR 30.222 and 30.256.(5) A sludge having the characteristics of a hazardous waste when being reclaimed.(6) A by-product having the characteristics of a hazardous waste when being reclaimed.(7) A commercial chemical product listed in 310 CMR 30.133 or 30.136, or that exhibits a hazardous waste characteristic described at 310 CMR 30.120, which has never been used and which is being reclaimed.(8) Waste oil including, but not limited to, waste oil that has the characteristics of a hazardous waste and is not hazardous waste fuel, if recycled in some other manner than being burned for energy recovery.(9) Specification used oil fuel burned for energy recovery in a fossil fuel utilization facility other than a used oil fuel fired space heater, and otherwise handled in compliance with 310 CMR 30.250.(10) A material recycled in a completely enclosed recycling system at the site of generation (e.g., stills, silver recovery units), except such material recycled at a photo processor subject to 310 CMR 71.00, and except such material recycled at a printer subject to 310 CMR 71.00, provided: (a) Reclamation does not involve controlled flame combustion (such as occurs in boilers, industrial furnaces, or incinerators); and(b) The reclaimed material is not used to produce:1. a fuel, including a hazardous waste fuel, or2. products that are used in a manner constituting disposal.Amended by Mass Register Issue 1404, eff. 11/15/2019.