The EPA has also proposed changes to the definition of legitimacy in 40 CFR 260.43 to distinguish true recycling from „fictitious recycling.“ Proposed revisions to the definition of legitimacy in the 2008 DSW Final Rule include (1) the application of the codified „definition of legitimacy“ to all secondary hazardous material recycling activities; (2) make all legitimacy factors mandatory, with an application procedure for cases where a factor is not complied with, even if recycling is legitimate; and (3) require documentation of legitimacy. Because the final revisions to the solid waste definition are closely tied to EPA`s interpretation of the term „disposal,“ EPA does not intend to completely repeal the rule or suspend its implementation. Such a measure could lead to the classification of hazardous secondary substances that are not disposed of as hazardous waste. In particular, EPA does not plan to lift the exclusion for secondary hazardous materials recovered under producer control or the non-waste determination petition process. Since 1980, CEPOL has interpreted the term „solid waste“ in its subtitle C regulation to include both materials intended for final and permanent treatment and deposit in disposal units and certain materials intended for recycling (see 45 FR 33090-95, 19 May 1980; 50 FR 604-656, 4 January 1985 (see in particular pages 616-618)). The EPA has advanced three arguments in support of this interpretation: In light of these comments on the 2003 DSW proposal and in considering how to proceed with regulatory efforts, the Agency decided that additional information on the recycling of hazardous secondary materials would be useful to its regulatory decision-making process and would provide stakeholders with a clearer picture of the hazardous secondary recycling industry in this country. Would be. As a result, the Agency considered three areas that we felt were of particular importance to the revision of the solid waste definition: EPA has determined that the inclusion of these emergency preparedness and response conditions in the generator-controlled exclusion is consistent with the chemical safety objectives of the EV and will also ensure that facilities that handle the hazardous secondary materials subject to the exclusion on do in a way: which allows them to safely recycle the hazardous secondary material. and limit the loss of materials to be recycled in the environment. These provisions are the reasonable measures that an organization managing hazardous substances should take to reduce the risks to its workers and the public. In addition, the EPA has determined that structuring emergency preparedness and response conditions for producer-controlled exclusion under existing hazardous waste requirements serves to reduce burden on producers, as producers are likely already aware of and complying with these regulations.
CJRR states that „solid waste“ means any garbage, sludge from a wastewater treatment plant, water supply plant or air pollution control facility, and any other material discarded from industrial, commercial, mining, agricultural and community activities. Almost everything we do leaves behind a kind of waste. In the 2011 DSW proposal, the EPA proposed to maintain the exclusion for secondary hazardous materials recovered under generator control under 40 CFR 261.4(a)(23) with certain revisions. Proposed revisions to the 2008 DSW rule generator-controlled exclusion include (1) adding a regulatory definition of „included“, (2) notification as an exclusion condition, (3) adding a registry requirement for speculative accumulation, and (4) adding a record-keeping requirement for recovery under contract manufacturing agreements. In addition, the EPA sought comments on other ways to strengthen producer-controlled exclusion to protect human health and the environment. The producer-controlled exclusion (40 CFR 261.4(a)(23)) excludes certain hazardous secondary materials (i.e. listed sludge, listed by-products and used matter) of the definition of solid waste if legally generated and recovered in the United States or its territories under the control of the producer. In particular, hazardous secondary materials are excluded if (1) the recovery process meets the 40 CFR 260.43 definition of legitimate recycling; (2) the Materials will not be accumulated speculatively as defined in 40 CFR 261.1(c)(8) (including a new record-keeping requirement to be completed today); (3) they comply with the notification requirement set out in 40 CFR 260.42; (4) They are managed in a unit that meets the new definition of „included“ in 40 CFR 260.10, which specifies that storage units must be in good condition and properly labelled, must not contain incompatible materials, and must cover potential fire or explosion hazards; and (5) the generator meets certain emergency preparedness and response requirements. Further explanation of producer-controlled exclusion is provided in Section V of this Preamble. Good waste management is an essential element of the public and environmental health of society. The Resource Conservation and Recovery Act (RCRA), passed in 1976, provided the framework for U.S.
hazardous and non-hazardous waste management programs. Materials regulated by the CJRA are referred to as solid waste. Only materials that meet the RCRA definition of solid waste may be classified as hazardous waste, subject to additional regulations. The EPA has developed detailed regulations that define which materials are considered solid waste and hazardous waste. Understanding the definition of solid waste is an important first step in the process that the EPA has established for hazardous waste producers to determine whether the waste they generate is regulated hazardous waste. It`s also worth noting that two other counties have also decided that EPA can regulate at least some materials destined for recovery rather than final disposal as solid waste under the RCRA. The Eleventh Circuit Court of Appeals held that „it is not necessary to interpret in the term `discarded` the intention of Congress that the waste in question must be disposed of permanently and forever“ (U.S. v. ILCO, 996 F.2d 1126, 1132 (Eleventh Cir. 1993) (noting that used lead-acid batteries sent to a waste picker must be disposed of from the site, who sent the battery to the recuperator, „once disposed of“)). In addition, the Fourth Judicial District found that slag left intact on the ground for six months before being used as a platform could be solid waste (Owen Electric Steel Co.
v. EPA, 37 F.3d 146, 150 (4th Cir. 1994)). The definition of „hazardous secondary material produced and recovered under producer control“ is found in 40 CFR 261.4(a)(23) for terrestrial and non-terrestrial units, as the requirements are the same for both types of units. A terrestrial unit is defined in 40 CFR 260.10 as an area where hazardous secondary materials are placed in or on land before being recycled, but this definition does not include land-based production units. Examples of land units include surface tanks and piles. Tanks, containers, and containment vessels are examples of non-terrestrial units. The Sierra Club`s administrative petition called for an immediate suspension and repeal of the 2008 DSW Final Bylaw.
In support of this motion, the petition stated that consideration of the allegations shows that the recycling of hazardous waste has caused significant damage to health and the environment, and that the final DSW 2008 regulation increases the likelihood of greater future harm. The petition also claimed that the final DSW program in 2008 did not take into account the possibility that instability in recycling markets or financial conditions would increase the risk of hazardous waste abandonment. In addition, the petition argued that the 2008 final DSW regulation would not significantly increase recycling and that the economic benefits are small and will only accrue to deregulated industries. In addition, the petition claimed that the program would result in job losses in the hazardous waste treatment industry and increased health problems for workers.
