What conditions would generators need to meet to qualify for the exclusion?
A. The following conditions would apply to generators under this proposed exclusion: (1) generators would need to maintain records of material shipments for three years; (2) if materials are managed in land-based units, they would need to be contained in the units; and (3) generators would need to make “reasonable efforts” to ensure their excluded materials will be safely and legitimately recycled. In addition to these conditions, generators would also need to: (1) submit a one-time notice to the authorized state or EPA (providing the same information as notices under the exclusion for recycling by generators) notifying the appropriate regulatory agency that they intend to manage materials under the terms of this exclusion; (2) comply with restrictions on “speculative accumulation” of recyclable materials; and (3) ensure that the excluded material is not handled by anyone other than the generator, the transporter and the reclamation facility.
