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ARTICLE · 05 JANUARY 2015

EPA Releases Final Rule To Distinguish Recycled Products From Solid Waste Under RCRA Subtitle C

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On Dec. 10, the U.S. Environmental Protection Agency (EPA) released its final rule amending the RCRA Subtitle C "Definition of Solid Waste."

United StatesEnvironment
Charles Denton
Charles Denton
Tammy Helminski
Tammy Helminski
Michael Scanlon
Michael Scanlon
Michael Elam
Michael Elam
Bruce White
Bruce White
Susan Bodine
Susan Bodine
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On Dec. 10, the U.S. Environmental Protection Agency (EPA) released its final rule amending the RCRA Subtitle C "Definition of Solid Waste." The final rule will go into effect 180 days from the date of publication in the Federal Register, expected in mid-January 2015.

This rule has been under development since 2010, when EPA settled a lawsuit filed by the Sierra Club by agreeing to propose revisions to the 2008 Definition of Solid Waste Rule to address the changes requested by the Sierra Club in an administrative petition filed in January 2009. 

Legitimacy Criteria Applicable to All Recycling

Under the final rule, EPA may bring a RCRA enforcement action against any recycler of hazardous secondary materials if the recycling activity does not meet all of the following four recycling legitimacy criteria:

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