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?
or
2) scrap metal that is not excluded under 261.4(a) but managed 261.6?
I appreciate any thoughts you may have.
Thank You
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.
Thank you for contacting me.
Dan
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And my reply just two days later (August 12, 2015):
Thank for the compliment and your confidence in my ability. I believe I have an answer for you.
The 2015 DSW revised the description of the Speculative Accumulation Provision at 40 CFR 261.1(c)(8) to include a requirement to label the storage area where a material is being accumulated prior to recycling. This, and other new requirements, apply to all persons subject to the Speculative Accumulation provision.
Therefore, it is necessary to determine if the two exclusions you refer to (Scrap Metal & Precious Metals Reclamation) require compliance with the Speculative Accumulation Provision. Answer:
- 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.
I hope this helps.
Please don’t hesitate to contact me with any other questions.
Dan
Another happy customer!:
Great- thank you for the quick response.
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