EPA Re-Defines “Solid Waste”

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On December 10, 2014, the EPA administrator published its latest version on a rule revising recycling related provisions under the definition of solid waste rule (DSW rule). See 40 CFR Parts 260 and 261, Docket No. EPA-HQ-RCRA-2010-0742 (Dec. 10, 2014). The revisions were made to help alleviate concerns regarding disproportionate health and environmental risks suffered by low income communities buttressing local recycling facilities.

These new revisions are predicted to make it increasingly difficult for facilities who purport to be recycling to illegally dispose of hazardous materials. See Mike McLaughlin, Fact Sheet: 2014 DSW Final Rule, American Bar Association (Dec. 18, 2014).

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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