The Resource Conservation and Recovery Act (RCRA) regulations include many provisions under which hazardous wastes can be legitimately recycled. So when you recycle hazardous waste, you become exempt from the following hazardous waste regulations. For more on recycling, here ins an old post a friend recommended you read.
- Accumulation time limits,
- Regular inspections,
- Detailed containment standards,
- Treatment standards, and
- Manifesting requirements.
To avoid the expense and difficulty of complying with RCRA, some companies may be tempted to falsely claim that their wastes are being or will be recycled when this in fact isn’t the case. So the EPA uses a concept called “speculative accumulation” to stop such practices.
What Do You Need To Prove So You Your Aren’t Accused Of Speculative Accumulation?
- The material has to be potentially recyclable and has a feasible means of being recycled
- During the calendar year, you must have already sent a certain weight or volume to be recycled
One thing to remember is that it is entirely your responsibility to establish that you are NOT accumulating waste speculatively, not for the EPA to prove the case. [40 CFR 261.2(f)]
Proving the Waste is Recyclable
Make sure to show the EPA/State Inspector a contract with a recycler, letter of understanding, or a more formal tolling agreement. The more documentation you have the better you will be.
Proving That You Are Recycling a Portion of the Waste
You must know the volume or weight of the material to be recycled that is held in storage on January 1st of each year. You need to document this inventory. By the end of the same year (December 31st), you must have recycled—or shipped off site for recycling—at least 75% of the material. A final inventory record, shipping papers, or an invoice can serve as proof of meeting this requirement.
Contact Us (859-689-9222) to get more information about how we can help make sure your company isn’t accused of speculative accumulation of hazardous waste.
