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EPA/SWER RIN: 2050-AG62 Publication ID: 2012 
Title: Rulemaking on the Definition of Solid Waste 
Abstract: EPA's reexamination of the 2008 definition of solid waste final rule identified areas that could be improved to better protect public health and the environment with a particular focus on adjacent communities. Potential regulatory changes should improve accountability and oversight of hazardous materials recycling, while allowing flexibility to promote economic and environmental benefits. Facilities affected include those that send hazardous waste offsite to be recycled and those that recycle hazardous waste onsite. 
Agency: Environmental Protection Agency(EPA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: uncollected 
CFR Citation: 40 CFR 261.2   
Legal Authority: 42 USC 6903    RCRA sec 1004   
Legal Deadline:
Action Source Description Date
Final  Judicial  The settlement agreement requires signature of the final rule by December 31, 2012.  12/31/2012 
NPRM  Judicial  The settlement agreement requires signature of the proposed rule by June 30, 2011.  06/30/2011 

Statement of Need: The new DSW rulemaking may address concerns raised about potential adverse impacts to human health and the environment from the 2008 DSW final rule, including potential disproportionate impacts to minority and low income communities.

Summary of the Legal Basis: These regulations are promulgated under the authority of sections 2002, 3001, 3002, 3003, 3004, 3007, 3010 and 3017 of the Solid Waste Disposal Act of 1970, as amended by the Resource Conservation and Recovery Act of 1976 (RCRA), as amended by the Hazardous and Solid Waste Amendments of 1984 (HSWA), 42 U.S.C. 6921, 6922, 6923 and 6924. This statute is commonly referred to as "RCRA."

Alternatives: Alternatives considered include (1) no action (retain the 2008 DSW rule), and (2) additional regulatory requirements for hazardous secondary materials recycling.

Anticipated Costs and Benefits: The Regulatory Impact Analysis (RIA) for the 2011 DSW proposed rule estimates the future average annualized costs to industry to comply with the proposed revisions at between $7.2 million and $47.5 million per year. However, in many cases these costs are not direct costs, but rather are reduced savings from what a company might have otherwise experienced under the 2008 DSW rule. In other words, companies that are currently operating under full Subtitle C hazardous waste regulations would still experience cost savings under the 2011 DSW proposal, but not as much cost savings as they would under the 2008 DSW final rule. The RIA identifies three categories of expected future benefits for the final action consisting of: (1) reduction in future environmental damages from industrial recycling of hazardous secondary materials; (2) improved industry environmental compliance; and (3) indirect legal and financial benefits to industry consisting of reduced liability, less uncertainty for regulated facilities, and lower legal and financial credit costs. However, the RIA does not quantify or monetize these benefit categories.

Risks: The 2012 DSW rule is expected to reduce overall risks to human health and the environment as compared to the 2008 DSW rule.

Timetable:
Action Date FR Cite
NPRM  07/22/2011  76 FR 44094   
Notice  08/26/2011  76 FR 53376   
Final Rule  04/00/2013 
Additional Information: Docket #:EPA-HQ-RCRA-2010-0742
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal, State 
Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Information URL: http://www.epa.gov/epawaste/hazard/dsw/rulemaking.htm   Public Comment URL: http://www.regulations.gov/#!documentDetail;D=EPA-HQ-RCRA-2010-0742-0001  
Sectors Affected: 31-33 Manufacturing; 54 Professional, Scientific, and Technical Services; 61 Educational Services; 92 Public Administration 
RIN Data Printed in the FR: No 
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 5304P,
Washington, DC 20460
Phone:703 308-8672
Fax:703 308-0514
Email: atagi.tracy@epa.gov