Revisions to The RCRA Definition of Solid Waste Final Rule (Renewal)

The U.S. Environmental Protection Agency (EPA) has published final revisions to the definition of solid waste that exclude certain hazardous secondary materials from regulation under Subtitle C of the Resource Conservation and Recovery Act (RCRA), as amended. Specifically, EPA has amended 40 CFR Part 261 to provide that hazardous secondary materials reclaimed under the control of the generator are not solid wastes if specified conditions are met. EPA has also amended Part 261 to provide that hazardous secondary materials that are generated and then sent to a RCRA permitted facility or verified recycler for the purpose of reclamation are not solid waste, provided that specified conditions are met. In addition, EPA has amended Part 261 to provide that certain high value solvents are not solid waste when reclaimed, provided that specified conditions are met. Finally, EPA has finalized other amendments related to variances from solid waste and non-waste determinations in Part 260 and has applied the definition of legitimate recycling in 40 CFR part 260.43 to all hazardous secondary materials recycling.

The latest form for Revisions to The RCRA Definition of Solid Waste Final Rule (Renewal) expires 2022-03-31 and can be found here.