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RCRA/SUPERFUND HOTLINE MONTHLY SUMMARY

OCTOBER 85

3. Waste Minimization

Section 3002(b) of the Solid Waste Disposal Act (SWDA), as amended, requires
that a generator sign a certification on the manifest (EPA from 8700-22) and
on the biennial report. The certification states that the generator "has a
program in place to reduce the volume or quantity and toxicity of such waste
to the degree determined by the generator to be economically practicable."
If a generator of hazardous waste reclaims and reuses some of the hazardous
waste on-site and sends the rest off-site for recycling, can the generator
certify that a waste minimization program is in place since the volume of
hazardous waste actually disposed of has been minimized?

The waste minimization provision of SWDA §3002(b) is a self-implementing
program in which the choice of compliance mechanisms is to be made by the
generator in light of his/her own particular circumstances. The waste
minimization requirement is met for the purpose of certification when the
generator makes a good faith effort to minimize threats to human health and
the environment. EPA has determined that various management practices
conducted by a generator can be viewed as forms of waste minimization, e.g.,
participation in a waste exchange, recycling of solvents, and that these
practices are consistent with the Congressional intent of the require-
ment (see Senate Report No. 284, 98th Congress, 1st Session 66 (1983)).
These activities reduce the volume of waste disposed of by the individual
generator and also minimize the overall quantity of hazardous waste disposed
of by allowing continual reuse of hazardous substances. Therefore, in the
case described above, the generator my sign the certification on the manifest
since the generator has a waste minimization program in place.

Source: Elaine Eby (202) 382-7930