EPA has, after a decade or more of consideration, finally issued a proposed rule for revising the definition of solid waste under the Resource Conservation and Recovery Act. The definition of solid waste effects what is then classified as hazardous waste. Competing concerns of recycling and getting materials out of the solid and hazardous waste regulatory systems and preventing sham recycling that often leads to new Superfund sites have long-delayed the revisions of the definition of solid waste. At issue are materials that are recycled by the same generator or the same industry, and recycling that EPA approves on a case-by-case basis.
EPA has decided to define "legitimate recycling." EPA states that defining legitimate recycling ensures that only authentic recycling, and not treatment or disposal under the guise of recycling, receives the benefits of streamlined regulations. In order to be legitimately recycled, the material must provide a useful contribution to the recycling process; and recycling must make a valuable new product.
EPA has issued a "prepublication version of the rule" in advance of the publication of the proposed rule in the Federal Register. Such an early release will give potentially affected parties and industries a chance to prepare to comment on the rule.
The comment period will extend for 60 days following publication of the proposed rule in the Federal Register.
