Summary


Section R315-261-4 is amended by changing the number of factors at Subsection R315-261-4(23)(ii)(E) to be considered when determining if the recycling is legitimate from four to three and by adding the requirement to consider the factor found at Subsection R315-260-43(b). Section R315-261-4 is amended by removing the term "verified reclamation facility" from Subsection R315-261-4(24) and replacing it with the term "another person". Section R315-261-4 is amended by replacing the requirements at Subsection R315-261-4(24)(v)(B) that required a hazardous secondary material generator to send hazardous secondary materials to a verified reclamation facility with requirements for generators who send their hazardous secondary materials to be recycled to make a reasonable effort to ensure that each reclaimer intends to properly and legitimately reclaim the hazardous secondary materials. Section R315-261-4 is amended by adding a new Subsection R315-261-4(24)(v)(C) that requires a hazardous secondary material generator to maintain documentation that reasonable efforts were made to ensure that each reclaimer intends to properly and legitimately reclaim the hazardous secondary materials. Section R315-261-4 is amended by removing Subsection R315-261-4(24)(vi)(G) which required reclaimers and intermediate facilities to have been granted an exclusion under Subsection R315-260-31(d), which has been deleted by this rule filing, or have a Part B permit. Section R315-261-4 is amended by adding Subsection R315-261-4(25), which was previously reserved. The language added contains the requirements for the exporting of hazardous secondary materials for reclamation in a foreign country. Section R315-261-4 is amended by deleting the phrase, "operating under a verified recycler exclusion under Subsection R315-260-31(d)" from Subsections R315-261-400(a) and (b), 410(e), (f)(1) and (f)(2), 411, 411(b), 411(c) and 411(d)(3), 420, 420(a)(1) and 420(b)(2).