Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter A - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE IN GENERAL › Section 335.17 - Special Definitions for Recyclable Materials and Nonhazardous Recyclable Materials

Current through Reg. 49, No. 28; July 12, 2024
(a) For the
				  purposes of the definition of "Solid waste" in §
										335.1 of
				  this title (relating to Definitions) and §
										335.24
				  of this title (relating to Requirements for Recyclable Materials and
				  Nonhazardous Recyclable Materials):
(1) A
				  spent material is any material that has been used and as a result of
				  contamination can no longer serve the purpose for which it was produced without
				  processing.
(2) Sludge has the same
				  meaning used in Texas Health and Safety Code, §
											361.003.
(3) A by-product is a material that is not
				  one of the primary products of a production process and is not solely or
				  separately produced by the production process. Examples are process residues
				  such as slags or distillation column bottoms. The term does not include a
				  co-product that is produced for the general public's use and is ordinarily used
				  in the form in which it is produced by the process.
(4) A material is reclaimed if it is
				  processed to recover a usable product, or if it is regenerated. Examples are
				  recovery of lead values from spent batteries and regeneration of spent
				  solvents. For purposes of 40 Code of Federal Regulations (CFR)
				  §261.4(a)(23) and (24), smelting, melting, and refining furnaces are
				  considered to be solely engaged in metals reclamation if the metal recovery
				  from the hazardous secondary materials meets the same requirements as those
				  specified for metals recovery from hazardous waste found in §
											335.221(a)(1)
				  of this title (relating to Applicability and Standards), and if the residuals
				  meet the requirements specified in §
											335.221(a)(23)
				  of this title.
(5) A material is
				  used or reused if it is either:
(A) employed
				  as an ingredient (including use as an intermediate) in an industrial process to
				  make a product (for example, distillation bottoms from one process used as
				  feedstock in another process). However, a material will not satisfy this
				  condition if distinct components of the material are recovered as separate end
				  products (as when metals are recovered from metal-containing secondary
				  materials); or
(B) employed in a
				  particular function or application as an effective substitute for a commercial
				  product (for example, spent pickle liquor used as phosphorous precipitant and
				  sludge conditioner in wastewater treatment).
(6) Scrap metal is bits and pieces of metal
				  parts (e.g., bars, turnings, rods, sheets, wires) or metal pieces that may be
				  combined together with bolts or soldering (e.g., radiators, scrap automobiles,
				  railroad box cars), which when worn or superfluous can be recycled.
(7) A material is recycled if it is used,
				  reused, or reclaimed.
(8) A
				  material is accumulated speculatively if it is accumulated before being
				  recycled. A material is not accumulated speculatively, however, if the person
				  accumulating it can show that the material is potentially recyclable and has a
				  feasible means of being recycled; and that, during the calendar year
				  (commencing on January 1), the amount of material that is recycled, or
				  transferred to a different site for recycling, equals at least 75% by weight or
				  volume of the amount of that material accumulated at the beginning of the
				  period. Materials must be placed in a storage unit with a label indicating the
				  first date that the material began to be accumulated. If placing a label on the
				  storage unit is not practicable, the accumulation period must be documented
				  through an inventory log or other appropriate method. In calculating the
				  percentage of turnover, the 75% requirement is to be applied to each material
				  of the same type (e.g., slags from a single smelting process) that is recycled
				  in the same way (i.e., from which the same material is recovered or that is
				  used in the same way). Materials accumulating in units that would be exempt
				  from regulation under
				  40
				  CFR §261.4(c) are not
				  to be included in making the calculation. (Materials that are already defined
				  as solid wastes also are not to be included in making the calculation.)
				  Materials are no longer in this category once they are removed from
				  accumulation for recycling, however.
(9) Excluded scrap metal is processed scrap
				  metal, unprocessed home scrap metal, and unprocessed prompt scrap
				  metal.
(10) Processed scrap metal
				  is scrap metal which has been manually or physically altered to either separate
				  it into distinct materials to enhance economic value or to improve the handling
				  of materials. Processed scrap metal includes, but is not limited to, scrap
				  metal which has been baled, shredded, sheared, chopped, crushed, flattened,
				  cut, melted, or separated by metal type (i.e., sorted), and, fines, drosses and
				  related materials which have been agglomerated. (Note: shredded circuit boards
				  being sent for recycling are not considered processed scrap metal. They are
				  covered under the exclusion from the definition of solid waste for shredded
				  circuit boards being recycled (40 CFR
				  §261.4(a)(14)).
(11) Home scrap metal is scrap metal as
				  generated by steel mills, foundries, and refineries such as turnings, cuttings,
				  punchings, and borings.
(12) Prompt
				  scrap metal is scrap metal as generated by the metal working/fabrication
				  industries and includes such scrap metal as turnings, cuttings, punchings, and
				  borings. Prompt scrap is also known as industrial or new scrap metal.