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EPA/SWER

RIN: 2050-AG31

Publication ID: Fall 2006

Title: ●Definition of Solid Wastes Revisions
Abstract: On October 28, 2003 (68 FR 61558), EPA proposed revisions to the definition of solid waste for hazardous secondary materials being reclaimed in a continuous process in the generating industry in an effort to increase the recycling of such materials. The Agency also took comment on a broader proposal to exclude hazardous secondary materials from being a solid waste under RCRA Subtitle C. This proposal was in part prompted by various court decisions about the extent of RCRA jurisdiction over hazardous secondary materials being recycled. In the same notice, the Agency also proposed criteria for determining whether or not hazardous secondary materials are recycled legitimately; the legitimacy criteria would apply to both those hazardous secondary materials that were excluded, as well as those that would remain subject to regulation under Subtitle C of RCRA. EPA received numerous comments on the proposal. In addition, EPA has conducted studies of recycling practices and the circumstances under which recycling of hazardous secondary materials are reclaimed in an environmentally sound manner, as well as when such reclamation has caused environmental problems. Based on the comments received and the new information being made available for public comment, the Agency will be issuing a supplemental proposal that would exclude from being a solid waste certain hazardous secondary materials that are reclaimed. We are also taking comment on revisions being considered to the legitimacy criteria, as well as taking comment on a variance process regarding hazardous secondary materials that are recycled.
Agency: Environmental Protection Agency(EPA)	Priority: Economically Significant
RIN Status: First time published in the Unified Agenda	Agenda Stage of Rulemaking: Proposed Rule Stage
Major: Undetermined	Unfunded Mandates: No
CFR Citation: 40 CFR 261.2
Legal Authority: 42 USC 6903 "RCRA Section 1004"

Legal Deadline: None

Statement of Need: EPA is revising the definition of solid waste to increase recycling.

Summary of the Legal Basis: Association of Battery Recyclers v. EPA, 203 F. 2d 1047 (D.C. Cir. 2000); American Mining Congress v. EPA, 824 F. 2d 1177 (D.C. Cir. 1987) and other cases

Alternatives: We have solicited comment in the proposal on several alternative regulatory options, including a broad exclusion for legitimately recycled materials, and are evaluating public comments on all available options.

Anticipated Costs and Benefits: We expect that this rule will increase the recycling of wastes covered by the rule. We have prepared an economic analysis for the proposed rule, and we are presently developing preliminary costs and benefits for all our regulatory options. When an option is chosen and a final rule is drafted, we will prepare a detailed economic analysis quantifying the costs and benefits.

Risks: We are developing conditions for the rule so that there will be no negative impacts on human health and the environment.

Timetable:

Action	Date	FR Cite
NPRM	10/28/2003	68 FR 61558
Supplemental NPRM	12/00/2006

Additional Information: SAN No. 4670.1; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-WASTE/2003/October/Day-28/f26754.htm; Split from RIN 2050-AE98.
Regulatory Flexibility Analysis Required: No	Government Levels Affected: Federal, State
Small Entities Affected: No	Federalism: No
Included in the Regulatory Plan: Yes
Agency Contact: Marilyn Goode Environmental Protection Agency Solid Waste and Emergency Response 5304P, Washington, DC 20460 Phone:703 308-8800 Fax:703 308-0514 Email: Goode.Marilyn@epa.gov Tracy Atagi Environmental Protection Agency Solid Waste and Emergency Response 1200 Pennsylvania Avenue NW, Mail Code 5304T, Washington, DC 20460 Phone:202 566-0511 Email: atagi.tracy@epa.gov