Redefining Solid Waste -- Again

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Courtesy of Bergeson & Campbell, P.C.

On March 26, 2007, EPA announced the issuance of a sweeping proposal to modify the RCRA definition of solid waste. The proposal seeks to streamline regulation of hazardous secondary materials, and revise the definition of solid waste to exclude certain secondary materials from RCRA regulation to promote the legitimate recycling of these materials.

Proposal elements

The proposal would exclude several categories of materials. They are:

  • Exclusion for materials that are legitimately reclaimed under the control of the generator in non-land-based units –
  • The proposal would exclude certain hazardous secondary materials, i.e., spent materials, listed sludges and listed byproducts, that are generated and legitimately reclaimed within the United States, and are handled only in non-land-based units.
  • The exclusion would apply to hazardous secondary materials that are reclaimed under the control of the generator and are not speculatively accumulated.

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