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-2- <br />aste 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 an <br />swered your questions. Should you have any <br />further questions regarding EPA's policies, you may contact David Bussard at <br />(202) 3824637. <br />Sincerely, <br />Original Document signed <br />Sylvia K. Lowrance <br />Director <br />Office of Solid Waste <br />