What does the proposal say about the legitimacy criteria discussed in the October 2003 proposal?
A. This new proposal contains provisions that address the “legitimacy” of recycling practices in a way that we believe are substantively the same as the original proposal, but will serve to clarify and provide additional guidance for making these determinations. The main change from the original proposal is that instead of specifying four criteria that would need to be considered on a case-by-case basis, we are now proposing that two of the criteria should instead be 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 product. The other two criteria, which address management of materials prior to recycling, and “toxics along for the ride” in recycled products, would still need to be considered on a case-by-case basis under the new proposal. The preamble to the new proposal also contains a much mo
