E.P.A. to Revise Definition of Solid Waste

(Washington, D.C. - March 16, 2007) The E.P.A. has suggested to modify the definition of solid waste rule to streamline regulation of hazardous secondary materials. The suggested rule would provide for the recycling of such materials as solvents, metals, and certain other chemicals.

"This suggestion acknowledges that recycling secondary materials can both help the environment and reduce costs," said Susan Bodine, assistant administrator for EPA's Office of Solid Waste and Emergency Response. "By encouraging legitimate recycling practices that are environmentally protective, this suggestion presents a win-win for the environment and for the economy."

E.P.A. estimates that streamlining the management of secondary materials in a cost efficient but safe manner will result in an average cost savings of $107 million a year from both reduced regulatory burden and increased recycling.

The suggested rule provides exclusions for:

• materials that are generated and reclaimed under the control of the generator;
• materials that are generated and transferred to another person or company for reclamation under specific conditions; and
• materials that E.P.A. deems nonwaste through a case-by-case petition process.

The suggestion also defines legitimate recycling to ensure that only legitimate recycling activity benefits from the streamlined requirements, not treatment or disposal under the guise of recycling.

E.P.A. estimates about 4,600 facilities handling in excess of half a million tons of hazardous secondary materials annually may be affected by this suggested rule. The industry sectors that could be most affected are chemical manufacturing, coating and engraving, semiconductor and electronics manufacturing, pharmaceutical manufacturing, and the industrial waste management industry.

E.P.A. is accepting review on this suggestion for 60 days following publication in the Federal Register. The docket number is EPA-HQ-RCRA-2002-0031 and is accessible for public viewing.

Information on suggested regulation: epa.gov/epaoswer/hazwaste/dsw/abr.htm

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