Definition of Solid Waste Revised to Encourage Recycling

(Washington, D.C. - Oct. 7, 2008) A final rule under the Resource Conservation and Recovery Act streamlines regulation of hazardous secondary materials when they are recycled by reclamation. EPA's regulation maintains strong protection of human health and the environment by limiting the streamlined requirements to specific, legitimate recycling activities.

"Removing barriers to legitimate recycling is good for business and the environment," said Susan Parker Bodine, assistant administrator for the Office of Solid Waste and Emergency Response. "This rule will help conserve natural resources, save energy, and, reduce costs."

The rule excludes materials from the federal hazardous waste system that are:

• generated and legitimately reclaimed under the control of the generator;
• generated and transferred to another company for legitimate reclamation under specific conditions; or
• determined by E.P.A. or an authorized state to be non-wastes on a case-by-case basis via a petition process.

The rule also contains a provision to determine which recycling activities are legitimate under the new exclusions and non-waste determinations. These exclusions are not accessible for materials that are considered inherently waste-like, used in a manner constituting disposal, or burned for energy recovery.

E.P.A. estimates that about 5,600 facilities handling approximately 1.5 million tons of hazardous secondary materials annually may be impacted by this rule. The activities most affected are metals and solvent recycling. E.P.A. estimates that the regulation will save approximately $95 million per year for the affected industries.

Information about the Definition of Solid Waste Rule: epa.gov/epawaste/hazard/dsw/index.htm

To read this rule: epa.gov/epawaste/hazard/dsw/rulemaking.htm

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