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EPA revises regulations associated with 2015 Definition of Solid Waste rule

Final rule comes in response to D.C. Circuit court ruling

Posted June 4, 2018

EPA is revising regulations associated with the 2015 Definition of Solid Waste (DSW) rule under the Resource Conservation and Recovery Act (RCRA). The final rule published in the Federal Register May 30 comes in response to a ruling by the United States Court of Appeals for the District of Columbia Circuit on July 7, 2017, as modified on March 6, 2018.

Specifically, the Court’s orders:

  1. Vacate the 2015 verified recycler exclusion for hazardous waste that is recycled off-site (except for certain provisions);
  2. Reinstate the transfer-based exclusion from the 2008 rule to replace the now-vacated 2015 verified recycler exclusion;
  3. Uphold the containment and emergency preparedness provisions of the 2015 rule;
  4. Vacate Factor 4 of the 2015 definition of legitimate recycling in its entirety; and
  5. Reinstate the 2008 version of Factor 4 to replace the now-vacated 2015 version of Factor 4.

The final rule takes effect May 30, 2018.

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