What conditions must reclamation facilities meet to qualify for the “transfer-based” exclusion?
Reclamation facilities must meet the following conditions: (1) maintain shipping records for excluded hazardous secondary materials for at least three years; (2) contain hazardous secondary materials managed under the exclusion; (3) manage the residuals from the reclamation process in a manner that protects human health and the environment; and (4) comply with financial assurance requirements. In addition to these conditions, reclamation facilities must also submit the same notification required of generators and intermediate facilities, comply with restrictions on “speculative accumulation” of excluded materials, and ensure that the excluded hazardous secondary materials they receive are legitimately recycled.