Tuesday, December 30, 2008

Definition of Solid Waste Rule - Recycling of Hazardous Wastes

The US EPA "Definition of Solid Waste" rule goes into effect on December 29, 2008. The rule is a hazardous waste regulatory exclusion, intended to streamline the requirements for recycling certain materials, such as sludges, by-products and spent materials. EPA estimates that 1.5 million tons of hazardous secondary materials will be exempted from regulation as hazardous wastes each year under this rule. By removing unnecessary regulatory controls, EPA expects to make it easier and more cost-effective to safely recycle hazardous secondary material.

The rule provides conditional exemptions for:

  • materials that are generated and legitimately reclaimed under the control of the generator;
  • materials that are generated and transferred to another company for legitimate reclamation under specific conditions; and
  • materials that EPA or an authorized state determines to be non-wastes through a case-by-case petition process.

This rule also includes a provision to help determine which recycling activities are legitimate under the new exclusions and non-waste determinations.

It is important to note that in some States, revisions to State Rules may be necessary before waste generators can take advantage of these changes. States can decide whether or not to fold the new Federal rules into State rules.

Caltha LLP provides technical support to waste generators on waste management regulations, waste minimization and pollution prevention.

For further information contact Caltha LLP at
Caltha LLP Website

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