RCRA Definition of Solid Waste Revised Again
The new Final Rule vacates the “verified recycler exclusion” found in the Definition of Solid Waste, which requires facilities that receive waste to obtain a variance from EPA (or their state) to reclaim hazardous secondary materials.
Vacating the Verified Recycler Exclusion
Get reliable, up-to-date RCRA training when Lion presents the RCRA Hazardous Waste Management Workshop in a city near you. In July, catch the workshop in Williamsburg, Charlotte, Atlanta, Birmingham, Nashville, Memphis and Little Rock.
Included in the EPA’s 2015 Definition of Solid Waste (DSW) Rule, the verified recycler exclusion replaced the “transfer based exclusion,” which required receiving facilities only to notify EPA of their intention to perform reclamation activity—and did not require the facility to obtain a variance.
In addition to re-instating the 2008 transfer-based exclusion, this Final Rule will vacate one of the four factors meant to ensure proper recycling hazardous secondary materials. These four factors for legitimate recycling were introduced in EPA’s 2008 DSW rule and updated in 2015:
Four Factors of Legitimate Recycling
- Utility—The recycled material must provide a useful contribution to the process or intermediate or serve as an effective substitute for a commercial product.
- Value—The recycling process must yield a valuable product or intermediate.
- Management—The material must be managed as a valuable commodity.
- Comparable—Levels of hazardous constituents in the recycled product must be comparable to or lower than similar existing products.
Following orders from a court decision which vacated parts of the 2015 DSW Rule, EPA will now require that factor number four be “considered” but it will no longer be mandatory. Factors 1—3 will remain mandatory.
Learn the New RCRA RulesFrom stricter contingency planning and reporting responsibilities to updated container labeling rules, re-organized generator regulations, new reliefs, and more—find out what to expect when your state adopts EPA’s “Generator Improvements Rule,” electronic manifests, the new Definition of Solid Waste, and more.
You will leave with answers and resources that simplify the day-to-day job of environmental compliance. Sign up now.
The instructor kept the class engaged and made learning fun. There was a lot of information to cover but time flew by. I will definitely use Lion in the future!
Hazmat Shipping Professional
The course is well thought out and organized in a way that leads to a clearer understanding of the total training.
Hazmat Shipping Professional
My experience with Lion classes has always been good. Lion Technology always covers the EPA requirements I must follow.
My experience with Lion training, both online and in the classroom, is that they are far better organized and provide a better sequential explanation of the material.
Manager, Dangerous Goods Transportation
As always, Lion never disappoints
I like Lion's workshops the best because they really dig into the information you need to have when you leave the workshop.
Tom Bush, Jr.
Attending Lion Technology classes should be mandatory for every facility that ships or stores hazmat.
Very good. I have always appreciated the way Lion Tech develops, presents and provides training and materials.
Given the choice, I would do all coursework this way. In-person courses go very fast without the opportunity to pause or repeat anything.
Chemical Laboratory Manager
The instructor was very patient and engaging - willing to answer and help explain subject matter.
Material Control Superintendent
Download Our Latest Whitepaper
Some limited quantity reliefs are reserved for specific modes of transport. Use this guide to identify which reliefs you can capitalize on, and which do not apply to your operations.