Is It Waste or Is It Product? Solving the Complex Regulations of Reusable Materials

Many materials can be reused and recycled.  Indeed, this is a leading focus of business and consumer efforts to be “green.”  It even affects construction, as new buildings get LEED credit for incorporating used building materials.

            Reusable and recyclable materials, however, are subject to a complex series of state and federal regulations that can hinder these efforts.  If a material is considered a “waste” it may be subject to complex hazardous waste regulations under the Resource Conservation and Recovery Act (RCRA) that may prevent recycling.  On the other hand, if a material is considered a “product” or is subject to RCRA exemption as a recyclable material, it does not have to comply with such regulations.  These regulations are poorly understood.  In recent years environmental regulators have brought significant enforcement actions against organizations that did not properly manage reusable materials that the regulators contended were “wastes.”  Often the organizations viewed their materials as useful “products,” but paid large fines nonetheless.

Objectives:  This session will explain the regulations that apply to recyclable and reusable materials, using understandable language and real-life examples.  It will show the opportunities reusable materials present for saving money and environmental stewardship.  It will also show where pitfalls lie.  It will demonstrate how EHS professionals can take advantage of recycling opportunities without running afoul of expensive and hidden regulatory traps.