EPA Re-Proposes Revisions to the RCRA Definition of Solid Waste

摘要

EPA recently proposed revisions to the RCRA definition of solid waste that would remove certain hazardous secondary materials from regulation under Subtide C, and would establish environmental protection over hazardous secondary material recycling practices. The rule would represent a major restructuring of RCRA regulations that would distinguish wastes from non-wastes for RCRA purposes. Specifically, the rule would provide exclusions for: 1. Materials that are reclaimed under control of the generator; 2. Materials that are transferred for reclamation to another company or person other than the generator, under specified conditions; and 3. Materials that are deemed to be non-waste through the proposed case-by-case petition process. The rule also proposes to codify a regulatory definition of "legitimate recycling," which is used to determine that materials are recycled, rather than being treated or disposed. Currently, EPA's concept of legitimate recycling is implemented through guidance.