Arkansas Department of Environmental Quality Hazardous Waste Division Branch Manager (Inspection and Enforcement) Penny Wilson undertook a presentation titled Overview of the 2015 Definition of Solid Waste Final Rule (“Presentation”) at the Arkansas Environmental Federation convention.
The United States Environmental Protection Agency (“EPA”) in 2015 published a final rule that revised several recycling-related provisions associated with the definition of solid waste used to determine hazardous waste regulation under Subtitle C of the Resource Conservation and Recovery Act (“RCRA”).
The final rule revised a number of provisions related to the definition of solid waste as it applies to regulation of hazardous waste under Subtitle C of RCRA.
Ms. Wilson’s presentation addressed various aspects of the rule and was divided into six modules:
- Module 1:Goals & Background for the Rule
- Module 2:Under the Control of the Generator Exclusion
- Module 3:Verified Recycler Exclusion
- Module 4:Remanufacturing Exclusion
- Module 5:Legitimate Recycling Provision
- Module 6:Status and Implementation of the Rule
Ms. Wilson notes that the three new or revised conditional exclusions provide that hazardous secondary materials recycled under such an exclusion are solid waste – as long as certain conditions are met. She also notes that the rule codifies the definition of legitimate recycling which distinguishes between real recycling vs. sham recycling. Also, the rule revises the case-specific variance and non-waste determination petition process to improve oversight and consistency.
The Presentation provides some detail about the three exclusions including charts that review the status of various materials. Equally important, her presentation addresses in some detail the conditions that must be met for the three exclusions.
The always difficult issue of differentiating between sham and legitimate recycling is addressed and examples are provided. The background of this evolving policy and legitimacy factors are discussed.
Finally, Arkansas has, of course, been delegated the RCRA program for many years. As the state authorization of the final rule, she notes:
Because the 2015 DSW rule is more stringent than the 2008 DSW rule, states that adopted the 2008 DSW rule (Idaho, Illinois, New Jersey, and Pennsylvania) will be required to modify their programs to be at least as stringent as the federal program.
She also notes:
- All states will be required to adopt at minimum those provisions in the 2015 DSW rule that are more stringent than the current hazardous waste program:
- Prohibition of sham recycling,
- The definition of legitimate recycling (including contained definition),
- Accumulation date tracking requirement for speculative accumulation provisions, and
- Changes to the standards and criteria for the solid waste variance and non-waste determinations.
- In general, the exclusions in the final rule do not go into effect unless and until the authorized state adopts them.
EPA contacts for the rule are also provided.
Click here to download a copy of her presentation.
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