The EPA on Wednesday
announced it will hold a public meeting to discuss possible revisions to the
Definition of Solid Waste rule in response to an administrative petition asking
the agency to reconsider and repeal the rule. The rule became effective on Dec.
29, 2008. The meeting is planned for the end of June, and a Federal
Register notice with the details of the meeting will be published in
May, the agency said.
The rule modified the regulations for recycling hazardous secondary materials to encourage the recycling of certain materials to help conserve resources. The rule takes into account a series of opinions in the U.S. Court of Appeals for the D.C. Circuit on the meaning of the term "discard," which forms the basis of the definition of solid waste.
Since publication of the solid waste rule, the Sierra Club has raised concerns about the effectiveness and protectiveness of the rule and has requested the EPA stay the rule in an administrative petition, the agency said. In addition, the Sierra Club and the American Petroleum Institute have filed judicial petitions for review in the U.S. Court of Appeals for the D.C. Circuit. Various industry groups have also filed letters opposing the Sierra Club's administrative petition.
The EPA said it expects that stakeholders' input at the public meeting will assist the agency in deciding whether to make revisions to the rule and how such revisions would further ensure that the rule appropriately and safely encourages resource conservation for those hazardous secondary materials that are conditionally excluded. The EPA said the Federal Register notice announcing the meeting will raise specific questions for consideration, particularly related to reclamation that is not under the control of the generator. Any revisions to the rule would be made through the full public rulemaking process.
The rule modified the regulations for recycling hazardous secondary materials to encourage the recycling of certain materials to help conserve resources. The rule takes into account a series of opinions in the U.S. Court of Appeals for the D.C. Circuit on the meaning of the term "discard," which forms the basis of the definition of solid waste.
Since publication of the solid waste rule, the Sierra Club has raised concerns about the effectiveness and protectiveness of the rule and has requested the EPA stay the rule in an administrative petition, the agency said. In addition, the Sierra Club and the American Petroleum Institute have filed judicial petitions for review in the U.S. Court of Appeals for the D.C. Circuit. Various industry groups have also filed letters opposing the Sierra Club's administrative petition.
The EPA said it expects that stakeholders' input at the public meeting will assist the agency in deciding whether to make revisions to the rule and how such revisions would further ensure that the rule appropriately and safely encourages resource conservation for those hazardous secondary materials that are conditionally excluded. The EPA said the Federal Register notice announcing the meeting will raise specific questions for consideration, particularly related to reclamation that is not under the control of the generator. Any revisions to the rule would be made through the full public rulemaking process.


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