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EPA created a template that persons recycling hazardous secondary materials may choose to use to document their legitimacy determinations. Persons performing the recycling under the generator-controlled exclusion of 40 CFR 261.4(a)(23) must maintain documentation of their legitimacy determinations on-site. Documentation needs to include a written description of how the recycling meets the legitimate recycling factors. This template can also be used to document a claim of legitimate recycling under any other recycling exclusion or exemption.

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Last Updated: July 31, 2017