NEW FINAL RULE ANNOUNCED FOR RECYCLING HAZARDOUS WASTE MATERIALS

By TONI ELLINGTON 

The EPA announced on December 10, 2014, that it had finalized a rule restoring hazardous waste safeguards for recycled materials which had been removed in 2008.  The EPA called rule necessary to right major environmental justice impacts on low income and minority populations.

According to the EPA announcement, the new safeguards will encourage safer recycling which will better protect human health in areas near recycling centers.  The protections include requiring off-site recycling at a facility with a Resource Conservation and Recovery Act or “RCRA” permit or verified recycler variance.  This will allow the EPA and states to verify that a facility has the necessary equipment and trained personnel to safely manage the material, and that the facility can respond in case of an emergency.  The EPA had identified third party hazardous waste recyclers and their facilities as being potential risks for fires, explosions, accidents, and releases of hazardous constituents.

RCRA regulates the management of solid waste (garbage), hazardous waste, and underground storage tanks holding petroleum products and certain chemicals.  Although RCRA is a federal statute, many states choose to implement the regulations themselves.  The impact of the new rule depends on how many states choose to implement the measures.  The EPA estimates that if 31 states and territories adopt and implement the new rule, it could have an annual costs savings up to $24 million.

For a copy of the rule, see the EPA website at www.epa.gov/epawaste/hazard/dsw/rulemaking.htm. For more information, contact Toni Ellington at (504) 599-8500.