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EPA/SWER RIN: 2050-AG31 Publication ID: Spring 2008 
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 issued a supplemental proposal on March 26, 2007 (72 FR 14172), to exclude from being a solid waste certain hazardous secondary materials that are reclaimed. We also took comment on revisions being considered to the legitimacy criteria, as well as on a variance process regarding hazardous secondary materials that are recycled. 
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 
CFR Citation: 40 CFR 261.2   
Legal Authority: 42 USC 6903 RCRA sec 1004   
Legal Deadline:  None
Action Date FR Cite
NPRM Original  10/28/2003  68 FR 61558   
Supplemental NPRM  03/26/2007  72 FR 14172   
Final Action  07/00/2008    
Additional Information: SAN No. 4670.1; EPA publication information: NPRM Original -; Split from RIN 2050-AE98.; EPA Docket information: EPA-HQ-RCRA-2002-0031
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal, State 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Information URL:  
RIN Data Printed in the FR: No 
Agency Contact:
Marilyn Goode
Environmental Protection Agency
Solid Waste and Emergency Response
Washington, DC 20460
Phone:703 308-8800
Fax:703 308-0514

Tracy Atagi
Environmental Protection Agency
Solid Waste and Emergency Response
1200 Pennsylvania Avenue NW, Mail Code 5304T,
Washington, DC 20460
Phone:202 566-0511