A question I received August 9, 2015 (A Sunday!) from a reader of my monthly newsletter:
Hello – I enjoyed reading your article on the new RCRA DSW rule. In your opinion, would the new labeling requirement in 40 CFR 261.1(c)(8) be applicable to areas accumulating –
1) Recyclable materials with precious metals to be reclaimed managed 261.6 & 266?
2) scrap metal that is not excluded under 261.4(a) but managed 261.6?
I appreciate any thoughts you may have.
My reply on the following Monday (I don’t work Sundays):
That is a good question. Give me a day or two to research a response and I will get back to you.
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And my reply just two days later (August 12, 2015):
- Material using the scrap metal exclusion of 40 CFR 261.6 is not subject to the Speculative Accumulation Provision.
- Material using the Precious Metal Reclamation exclusion of 40 CFR 266.70 is subject to the Speculative Accumulation Provision.