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The Recordkeeping Requirements of 40 CFR 261.4(a)(24) – Verified Recycler Conditional Exclusion

The Recordkeeping Requirements of 40 CFR 261.4(a)(24) – Verified Recycler Conditional Exclusion

The Verified Recycler Conditional Exclusion at 40 CFR 261.4(a)(24) describes the conditions necessary to exclude a material from regulation as a solid waste – and therefore as a hazardous waste.  The responsibility for compliance with its conditions is divided between two, and sometimes three, separate entities involved in the generation, transfer, and reclamation of a hazardous secondary material, they are:

  1. Generator of hazardous secondary material.
  2. Intermediate facility that may store hazardous secondary materials for >10 days – which distinguishes them from a transfer facility that may store hazardous secondary materials for ≤10 days during the normal course of transportation – but do not generate or reclaim the hazardous secondary materials.
  3. Reclamation facility for hazardous secondary material.

One tRCRA Recodkeeping Requirementshing all three facilities have in common is to maintain records of the transfer of hazardous secondary materials.  The purpose of this article is to explain the requirements of 40 CFR 261.4(a)(24) for generators, intermediate facilities, and reclamation facilities to maintain records of the transfer of hazardous secondary materials.

 

Generator Recordkeeping Requirements for Off-Site Shipments of Excluded Hazardous Secondary Materials Under 40 CFR 261.4(a)(24):

Per §261.24(a)(24)(v)(C), a generator of a hazardous secondary material shipping it off-site to either a reclamation facility or an intermediate facility which will then forward it on to a reclamation facility must keep a record of each off-site shipment that must contain – at a minimum – the following information:

  • Name of the transporter.
  • Date of the shipment.
  • Name and address of each reclamation facility.
  • Name and address of each intermediate facility, if applicable.
  • Type and quantity of hazardous secondary material in the shipment.
Note:  If managed subject to the conditions of 40 CFR 261.4(a)(24) the hazardous secondary material is not a solid waste and consequently not a hazardous waste.  Therefore, the Uniform Hazardous Waste Manifest is not required.

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Per §261.24(a)(24)(v)(D), a generator of a hazardous secondary material shipping it off-site to either a reclamation facility or an intermediate facility which will then forward it on to a reclamation facility must keep a record of confirmation of receipt for each off-site shipment.  Confirmation of receipt must contain – at a minimum – the following information:

  • Name and address of reclamation facility or intermediate facility.
  • Type and quantity of the hazardous secondary materials received.
  • Date hazardous secondary materials received.

The confirmation of receipt may be a routine business record, such as:

  • Financial records
  • Bills of lading
  • Copies of shipping papers required by PHMSA/USDOT.
  • Electronic confirmations of receipt.

The reclamation facility or intermediate facility must send to the generator of the hazardous secondary material a confirmation of receipt for all hazardous secondary materials it receives [§261.4(a)(24)(vi)(C)].

Unlike hazardous waste shipments subject to the Exception Report, no time limit is specified for the reclamation facility or intermediate facility to send the confirmation of receipt to the hazardous secondary material generator.
Recordkeeping Requirements for Reclamation Facilities and Intermediate Facilities Managing Hazardous Secondary Materials Excluded by 40 CFR 261.4(a)(24):

Per §261.24(a)(24)(vi)(A), a reclamation facility or intermediate facility must keep a record of all shipments of hazardous secondary materials that it has received.  Records of receipt of shipment must at a minimum contain the following:

  • Name of the transporter.
  • Date of shipment.
  • Name and address of generator of hazardous secondary material.
  • Name and address of the intermediate facility – if applicable – from which the hazardous secondary was received.
  • Type and quantity of hazardous secondary material received.
  • Name and address of each subsequent reclamation facility or intermediate facility to which the hazardous secondary material was sent, if applicable.

And, per §261.4(a)(24)(vi)(C), the reclamation facility or intermediate facility must send to the generator of the hazardous secondary material a confirmation of receipt for all hazardous secondary materials it receives.

Unlike hazardous waste shipments subject to the Exception Report, no time limit is specified for the reclamation facility or intermediate facility to send the confirmation of receipt to the hazardous secondary material generator.

The following requirements apply to all three regulated facilities identified by this regulation:  generators, intermediate facilities, reclamation facilities.

  • Records must be kept for at least three years.
  • Records must be kept on-site.

If you intend to take advantage of the conditional exclusion from regulation as a solid waste for a hazardous secondary material be sure to comply with the recordkeeping requirements of 40 CFR 261.4(a)(24).

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Please contact me if you have any questions about the recordkeeping requirements of this conditional exclusion or anywhere else in the RCRA regulations of the EPA or your state.