View Rule

EPA is issuing a final rule to revise the regulations to conform to the vacaturs ordered by the United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit), on July 7, 2017, and modified on March 6, 2018, in litigation related to the definition of solid waste (DSW) final rule. (API v. EPA, 862 F.3d 50 (D.C. Cir. 2017), rehearing granted, No. 09-1038, 2018 U.S. App. LEXIS 5613 (D.C. Cir. Mar. 6, 2018)). EPA has determined that there is good cause for revising these provisions without prior proposal and opportunity for comment, because these revisions simply implement court orders vacating these rules. As a matter of law, the orders issued by the court vacated (1) the 2015 verified recycler exclusion for hazardous waste that is recycled off-site (except for certain provisions) and (2) factor 4 of the definition of legitimate recycling in its entirety. In addition, the court reinstated the transfer-based exclusion from the 2008 DSW rule, maintained certain provisions of the verified recycler exclusion that were not vacated, and replaced the now-vacated 2015 version of factor 4 with the 2008 version of factor 4 in all cases.