The US EPA "Definition of Solid Waste" rule went 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. In some States, amendment to State Rules is required before this exemption can be used.
Caltha LLP provides expert environmental consultant services in South Dakota to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.
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