EPA Sends New Definition of Solid Waste Proposed Rule to OMB


Source: SOCMA
Related Topics: Resource Conservation and Recovery Act (RCRA) US Environmental Protection Agency

On March 22, EPA sent the new Definition of Solid Waste (DSW) proposal to the Office of Management and Budget (OMB) for review; on its website, EPA is predicting publication of the proposal in the Federal Register in July. 

This new proposal derives from a settlement agreement that EPA reached with the Sierra Club last fall.  In that agreement, the agency had committed to proposing a new DSW rule by June 30, 2011.  (and a final rule by December 2012.)  Additionally, EPA agreed to address, at a minimum, four issues in the new proposal: 

  • The definition of ‘contained;’
  • The need for operators to notify EPA before operating under the exclusion;
  • The definition of ‘legitimacy;’ and
  • The transfer-based exclusion

EPA has also recently revealed that it has developed a draft environmental justice analysis, which has just completed external peer review.  (EPA had announced that it was conducting an environmental justice analysis of the rule in the summer of 2009, and it took comments on an Environmental Justice Methodology in the spring of 2010.)  EPA stated that both the draft analysis and the peer-review comments will be available to the public when the new rule is proposed.

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