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EPA Proposes Long-Awaited Revision to The Definition of 'Solid Waste'

By James Morriss1

Abstract

The U. S. Environmental Protection Agency ("EPA") published its proposed changes to the definition of "solid waste" on October 28, 2003.2 While the proposal is intended to encourage recycling and resource conservation and will do so to a limited extent, significant constraints will remain if the proposal is adopted. Specifically, EPA has not recognized the potential for reuse of secondary materials within industries other than those in which the material is generated. This opportunity for "by-product" synergy between different industries is significant. This article reviews the scope of the proposed changes, their limitations, and the various options which EPA continues to consider. The primary objective of the article is to encourage stakeholders to comment on the proposed rules and options and urge EPA to adopt a broader more flexible approach to the reclamation and recycling of hazardous secondary materials. Notwithstanding the encouragement of federal court decisions, this rulemaking has taken years to emerge and may well be the last opportunity to effect meaningful change in the agency's approach to these issues for the foreseeable future. This is the time to redirect the Resource Conservation and Recovery Act in a manner consistent with its name.

Background

On October 28, 2003, the U.S. Environmental Protection Agency ("EPA") proposed the long-awaited revisions to th...

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