Focus on Compliance

The short story? 

RCRA applies to waste. We  don't process waste. We are a chemical distributor with the ability to reclaim aerosols that would have been "waste" if sent to another facility.

Products sent to our facility for reclamation do not constitute "waste" because the material inside will be used in a manner consistent with its original purpose. After it leaves our facility, it can be used to make new product.  Energy recovery plants do use the material inside as well, but they mix the contents of many aerosols together to create heat. Solvent, for example, was not intended to be burned for heat, therefore burning solvent is still treating the material inside as "waste," reportable to RCRA. If you sent heating oil to an energy recovery plant, that could be considered reclamation. Most chemical products, however, were not intended to be burned for heat, which is why it makes more sense to reclaim the product inside rather than burn it. 

We are usually able to offer our customers the reduced costs of shipping on a bill of lading rather than a manifest because we reclaim the chemicals inside as “valuable commodities” and return them to the market where they can replace new chemical products. From the EPA perspective, it is the burden of the generator to prove that their materials are not “solid or hazardous waste,” -- or in the case of products being newly shipped to us  -- that they no longer should be classified as solid or hazardous waste. We have Letters of Non-Applicability from USEPA and TDEC to assist your compliance team. Please be aware that individual states may have more stringent regulations.