The Environmental Protection Agency (EPA) released a pre-publication version of its proposed revisions to the 2008 Definition of Solid Waste (DSW) rule, and on July 6, held a conference call to brief stakeholders on the proposed rule. These revisions to the 2008 DSW rule are in response to EPA’s settlement agreement with Sierra Club from a lawsuit in 2010. While devising the 2008 DSW, EPA estimated that 5,600 facilities handling approximately 1.5 million tons of hazardous secondary materials annually might be impacted by the rule. The activities most affected are metals and solvent recycling.
In general, the new rule adds increased oversight, including notification and recordkeeping requirements for all hazardous secondary material recycling activities for companies that recycle on-site or within the same company, and stricter standards for companies that recycle off-site. In its new proposals, EPA plans to retain the exclusion from the 2008 DSW rule regarding hazardous secondary materials that are legitimately reclaimed under the control of the generator, but EPA is adding additional notification and recordkeeping requirements for this exclusion. However, EPA is proposing to replace the transfer-based exclusion for hazardous secondary materials with a new alternative, more stringent regulatory standard for hazardous recyclable materials transferred to other companies for reclamation. This change is a response to EPA’s determination that the 2008 DSW final rule had “serious gaps” which created the potential for adverse effects on human health and the environment from discarded wastes.
Notably, EPA is also creating a new focused exclusion for certain types of hazardous secondary materials that are re-manufactured into commercial-grade products, which include solvents, to encourage sustainable materials management. The proposal requires recyclers to meet certain conditions before qualifying for the exclusion and lists 18 designated solvents that will fall under this new exclusion. Read full at paint.org
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In general, the new rule adds increased oversight, including notification and recordkeeping requirements for all hazardous secondary material recycling activities for companies that recycle on-site or within the same company, and stricter standards for companies that recycle off-site. In its new proposals, EPA plans to retain the exclusion from the 2008 DSW rule regarding hazardous secondary materials that are legitimately reclaimed under the control of the generator, but EPA is adding additional notification and recordkeeping requirements for this exclusion. However, EPA is proposing to replace the transfer-based exclusion for hazardous secondary materials with a new alternative, more stringent regulatory standard for hazardous recyclable materials transferred to other companies for reclamation. This change is a response to EPA’s determination that the 2008 DSW final rule had “serious gaps” which created the potential for adverse effects on human health and the environment from discarded wastes.
Notably, EPA is also creating a new focused exclusion for certain types of hazardous secondary materials that are re-manufactured into commercial-grade products, which include solvents, to encourage sustainable materials management. The proposal requires recyclers to meet certain conditions before qualifying for the exclusion and lists 18 designated solvents that will fall under this new exclusion. Read full at paint.org
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