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What is the scope of the proposed exclusion for hazardous secondary materials that are generated and reclaimed under the control of the generator?

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What is the scope of the proposed exclusion for hazardous secondary materials that are generated and reclaimed under the control of the generator?

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A. This proposed exclusion would apply to materials that are reclaimed within the United States: (1) by the generator at the generating facility; (2) by generator at a different facility that the generator owns or operates; and (3) according to certain types of “tolling” (i.e., contractual) arrangements. Under this exclusion, notification to EPA or the authorized state would be required, speculative accumulation would not be allowed, and (as with all recycling exclusions) the material must be legitimately recycled. If excluded materials are managed in land-based units (e.g., piles or lagoons), the materials also must be contained in the units.

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