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-2- <br /> waste management system. We will be interested to learn if your data,which <br /> will be computerized,will support this assumption. At the current time <br /> there does not appear to be any reason for EPA to change its policy regarding <br /> this type of reverse distribution system simply because a third-party service <br /> company is involved rather than the manufacturers themselves. <br /> I would like briefly to bring to your attention two issues that bear <br /> generally upon reverse distribution systems,although neither appear to be of <br /> concern in the BFI-Pharm situation. First,EPA does not intend for hazardous <br /> waste brokers to use a reverse distribution system to relieve generators of <br /> the responsibility for making determinations about the discarding of <br /> materials as wastes. It remains the generator's responsibility to properly <br /> identify secondary materials. Second,a reverse distribution system cannot <br /> be used as a waste management service to customers/generators without the <br /> applicable regulatory controls on waste management being in place. Of <br /> course,as I discussed above with respect to the BFI-Pharm situation,to the <br /> extent that the materials involved are unused commercial products with a <br /> reasonable expectation of being recycled in some way when returned,the <br /> materials are not considered as wastes until a determination has been made to <br /> discard then. <br /> This interpretation is based on the current set of Federal RCRA regulations. <br /> However,as you know,authorized States may regulate or interpret the <br /> regulations differently,and State requirements are the applicable standards <br /> in authorized States.You should contact the appropriate State regulatory <br /> agencies for a more definitive regulatory determination for their respective <br /> jurisdictions. <br /> I hope this has sufficiently answered your questions. Should you have any <br /> further questions regarding EPA's policies,you may contact David Bussard at <br /> (202)382-4637. <br /> Sincerely, <br /> Original Document signed <br /> Sylvia K.Lowrance <br /> Director <br /> Office of Solid Waste <br /> RO 11606 <br />