What kind of “reasonable efforts” would a generator need to make?
A. We are proposing a general performance standard for reasonable efforts; we’re not specifying in definitive terms what generators’ reasonable efforts would have to involve, though the issue is discussed at length in the preamble. The proposed regulatory language simply states that the generator must make reasonable efforts to ensure that the reclaimer intends to legitimately recycle the material and not discard it, and that the reclaimer will manage the material in a manner that is protective of human health and the environment. We ask for comment on several options for implementing this requirement. The idea is that generators should make certain inquiries about potential reclaimers so that they can be reasonably assured that their materials will be managed and recycled safely and effectively. Such inquiries, which can be thought of as a kind of “environmental due diligence,” are currently done as a normal business practice by responsible generators. However, generators would not ha
