What does the final rule say about legitimacy?
This new final rule contains provisions that address the “legitimacy” of recycling practices under the new exclusions to clarify and provide additional guidance for making these determinations. Legitimate recycling is real recycling as opposed to sham treatment or disposal in the guise of recycling. Two of the legitimacy factors are mandatory requirements. These are: (1) the hazardous secondary material being recycled must provide a useful contribution to the recycling process or to the product of the recycling process; and (2) the recycling process must produce a valuable intermediate or final product. The other two factors, which address management of materials prior to recycling, and “toxics along for the ride” in recycled products, must also be considered and taken into account in making a determination that recycling is legitimate. The preamble to the final rule also contains a discussion of how economic factors can be considered in making legitimacy determinations under the new e
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- What does the final rule say about legitimacy?
