Wednesday, July 6, 2011

The EPA is updating its hazardous waste recycling rule

The U.S. Environmental Protection Agency (EPA) today proposed new safeguards for recycling hazardous materials. The proposal modifies EPA’s 2008 Definition of Solid Waste (DSW) rule, which revised hazardous waste regulations to encourage recycling of hazardous materials. 

The agency said that the new proposal, now open for public comment, will "improve accountability and oversight of hazardous materials recycling, while allowing for important flexibilities that will promote its economic and environmental benefits." 

EPA also is releasing for public comment its draft expanded environmental justice analysis of the 2008 DSW final rule, which evaluates the rule’s potential impact on low-income and minority communities. The agency is seeking public comment on the environmental justice analysis as well as on suggested changes received from peer review. The analysis and peer review comments will be available in the docket for this rule-making once the proposal is published.

“Safe recycling of hazardous materials conserves vital resources while protecting the environmental and economic health of our communities,” said Mathy Stanislaus, assistant administrator for EPA’s Office of Solid Waste and Emergency Response.  “Today’s proposed enhancements show EPA’s commitment to achieving sustainable materials management through increased recycling, while retaining safeguards to protect vulnerable communities and the environment.”  

"EPA’s re-examination of the 2008 DSW final rule identified areas in the regulations that could be improved to better protect public health and the environment with a particular focus on adjacent communities by ensuring better management of hazardous waste," the agency said in a news release. 

"Today’s proposal includes provisions to address those areas through increased transparency and oversight and accountability for hazardous materials recycling.
Facilities that recycle onsite or within the same company under the reduced regulatory requirements retained under the proposal would be subject to enhanced storage and record-keeping requirements as compared to the 2008 rule.  Companies that send their hazardous materials offsite for recycling would have tailored storage standards, while being required to send their materials to a permitted hazardous waste recycling facility.  The proposed rule also creates a level playing field by requiring all forms of hazardous waste recycling to meet requirements designed to ensure materials are legitimately recycled and not being disposed of illegally."  

EPA will accept comment on this proposal for 60 days after publication in the Federal Register. The docket for the rule-making is
EPA-HQ-RCRA-2010-0742 and can be accessed at once the proposal is published.

More information about this rulemaking: 

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