Generator-Controlled Exclusion

40 CFR 261.4(a)(23) The Generator-Controlled Exclusion

The 2015 Definition of Solid Waste Final Rule retained this conditional exclusion first created by the 2008 Definition of Solid Waste Rule.  However, not satisfied with the level of environmental protection it provided EPA strengthened its provisions.  In this presentation I briefly summarize the importance of conditional exclusions in general, explain the requirements of 40 CFR 261.4(a)(23), provide additional information that makes easy understanding of this regulation possible, and then close by providing you with the text of the regulation in its entirety.  Throughout the presentation are links to more documents to provide more detail and explanation. (more…)

Certifications Required by the Generator-Controlled Exclusion of 40 CFR 261.4(a)(23)

40 CFR 261.4(a)(23), known as the Generator-Controlled Exclusion, is a conditional exclusion from regulation as a solid waste for a hazardous secondary material if its generator complies with the requirements of the exclusion and is generated and reclaimed under one of the following arrangements:

  1. Generated and reclaimed at the generating facility.
  2. Reclaimed at an off-site facility that is owned/controlled by the generator or one under the same ownership/control as the generator.
  3. Generated pursuant to a written contract between a tolling contractor and a toll manufacturer and is reclaimed by the tolling contractor.

While no certification is required under option #1, the use of options #2 or #3 will require the subject facility to provide the specified certification.  Those certification requirements are described below. (more…)

Recordkeeping Requirements of the Generator-Controlled Exclusion at 40 CFR 261.4(a)(23)

40 CFR 261.4(a)(23) is a conditional exclusion from regulation as a solid waste for a hazardous secondary material if its generator complies with the requirements of the exclusion and is generated and reclaimed under one of the following arrangements:

  1. Generated and reclaimed at the generating facility.
  2. Reclaimed at an off-site facility that is owned/controlled by the generator or one under the same ownership/control as the generator.
  3. Generated pursuant to a written contract between a tolling contractor and a toll manufacturer and is reclaimed by the tolling contractor.

While their is no recordkeeping requirement under option #1, the use of options #2 or #3 will require the maintenance of certain records by subject facilities.  Those recordkeeping requirements are described below. (more…)