These three categories are discussed below. Furthermore, certain hazardous wastes are exempt from regulation when recycled. In order to encourage recycling practices, certain materials are specifically excluded from the definition of solid waste, and some solid wastes are excluded from the definition of hazardous waste. Recycled Materials that are not Subject to RCRA Hazardous Waste Regulation RCRA also provides regulations to distinguish legitimate recycling practices from “sham recycling.” To learn more about this topic, read Legitimate Hazardous Waste Recycling Versus Sham Recycling. Subject to full RCRA hazardous waste regulation.Subject to alternative controls when recycled.Not subject to RCRA hazardous waste regulation. Under the RCRA hazardous waste regulations, materials that are recycled may be: The generator is responsible for determining whether the recyclable secondary material is subject to reduced requirements or full regulation. In this approach to regulation, recycling standards range from full regulation to specialized standards to exemptions from regulation. To address the goal of encouraging recycling while protecting human health and the environment, EPA tailored the level of regulation to reflect the actual hazard of the recycling activity. To determine which regulations apply to recycled materials, the generator should consider what the materials is and the manner in which it will be recycled. State regulatory requirements for generators may be more stringent than those in the federal program. When recycling, how a material is regulated under RCRA (i.e., whether or not it is a solid and potentially a hazardous waste) depends on what type of material it is and what type of recycling is occurring. A material cannot be regulated as a hazardous waste unless it is first determined to be a solid waste.
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