Demystifying New EPA Rules for Recycling Selected Hazardous Wastes

Posted: February 19, 2015
Source: Environmental Leader.com By: Jon Elliott, President, Touchstone Environmental Contributor, Specialty Technical Publishers

The Resource Conservation and Recovery Act (RCRA) and its state counterparts provide requirements to govern hazardous wastes during every step of their management, from “cradle to grave.” Although these rules are intended to improve management and provide incentives for recycling and other beneficial uses of hazardous wastes, many organizations find many of the rules unnecessarily onerous – and therefore potentially counterproductive if they actually discourage beneficial activities. In addition, over time changes in technologies, commercial activities and regulatory priorities reveal gaps in existing rules. In January, the Environmental Protection Agency (EPA) revised its “Definition of Solid Waste” rules governing a number of potentially hazardous wastes that it instead considers to be “hazardous secondary materials,” and the range of recycling and recovery activities eligible for special regulatory considerations. The revisions become effective on July 13, 2015.

What Are ‘Hazardous Secondary Materials?’

EPA has revised exclusions from the category of (potential) hazardous wastes defined as hazardous secondary materials. The general definition remains the same:

Hazardous secondary material means a secondary material (e.g., spent material, by-product, or sludge) that, when discarded, would be identified as hazardous waste under part 261 of this chapter.

EPA’s use of the subjunctive “would be discarded” tells us how EPA considers spent materials, by-products and sludges that are managed in some way other than being discarded. The most recent changes revise the lists of materials being addressed, and the non-discard activities that qualify for special regulatory consideration. Most importantly, reclamation of a hazardous secondary material may qualify for one of two dozen exclusions—a specified material managed in a specified way is not a solid waste (i.e., is excluded from the definition, and therefore from all associated regulatory requirements).
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Hazardous Materials Recycling Rule Finalized

Posted: December 11, 2014
Source: Environmental Leader.com

The EPA has finalized a hazardous materials recycling rule that requires, among other things, off-site recycling at a facility with a RCRA permit or verified recycler variance.

The agency says this will allow it and individual states to verify that a facility has the equipment and trained personnel to safely manage the material, adequate financial assurance, is prepared to respond in case of an emergency, and can demonstrate that the recycling is not disposal in the guise of recycling.

The new verified recycler exclusion also includes a public participation requirement for recyclers seeking variances, so that communities are notified prior to the start of recycling operations.
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EPA Rule Promotes Responsible Hazardous Materials Recycling, Protects Communities

Posted: December 10, 2014

The State of Nevada, Washoe County and Clark County have NOT adopted the revised definition of Solid Waste as of the date of this notice

WASHINGTON– The U.S. Environmental Protection Agency (EPA) today finalized new safeguards that promote responsible recycling of hazardous secondary materials and demonstrate a significant step forward in promoting recycling innovation, resulting in both resource conservation and economic benefits, while strengthening protections for environmental justice communities.

“Americans do not have to choose between a clean environment and economic prosperity,” said Mathy Stanislaus, assistant administrator for EPA’s Office of Solid Waste and Emergency Response. “This important rule gives communities a voice in the decisions that impact them, promotes safe and responsible recycling of hazardous secondary materials and conserves vital resources, while protecting those most at risk from the dangers of hazardous secondary materials mismanagement. This innovative rule demonstrates that protecting communities and leveraging economic advantages for sustainable recycling and materials manufacturing can go hand-in-hand.”

The Definition of Solid Waste (DSW) final rule modifies the EPA’s 2008 DSW rule to protect human health and the environment from the mismanagement of hazardous secondary material, while promoting sustainability through the encouragement of safe and environmentally responsible recycling of such materials. Continue reading EPA Rule Promotes Responsible Hazardous Materials Recycling, Protects Communities