What conditions would reclamation facilities need to meet to qualify for the “transfer-based” exclusion?
A. Reclamation facilities would need to meet the following conditions: (1) maintain shipping records for excluded materials for at least three years; (2) manage excluded materials in a manner that is at least as protective as that employed for analogous raw material, or otherwise contains the material; (3) manage recycling residuals in a manner that protects human health and the environment; and (4) comply with the financial assurance requirements that apply to permitted hazardous waste management facilities. In addition to these conditions, reclamation facilities would also be required to submit the same kind of one-time notice to the appropriate agency as required for generators, comply with restrictions on “speculative accumulation” of excluded materials, and ensure that the excluded materials they receive are legitimately recycled.
