EPA Proposes Safeguards for Hazardous Waste Recycling

The U.S. Environmental Protection Agency, Washington, D.C., is proposing new safeguards for recycling hazardous materials to protect public health and the environment. The agency’s proposal modifies the EPA’s 2008 Definition of Solid Waste (DSW) rule, which revised hazardous waste regulations to encourage greater recycling of hazardous materials.

The EPA proposal seeks to improve the accountability and oversight of hazardous materials recycling while allowing for flexibilities to promote its economic and environmental benefits. EPA is seeking public comment on the proposal.

EPA also is releasing for public comment the draft-expanded environmental justice analysis of its 2008 DSW final rule, which evaluates the rule’s potential impact on low-income and minority communities. EPA is requesting 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 rulemaking once the proposal is published.

In an EPA release, Mathy Stanislaus, assistant administrator for EPA’s Office of Solid Waste and Emergency Response, says, “Safe recycling of hazardous materials conserves vital resources while protecting the environmental and economic health of our communities. 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 proposal includes provisions to address 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 recordkeeping requirements as compared to the 2008 rule. Companies that send 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 requires 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 rulemaking is EPA-HQ-RCRA-2010-0742 and can be accessed at http://www.regulations.gov once the proposal is published.