On Friday, March 28th, ISRI representatives, led by President Robin Wiener, met with representatives of the Office of Management and Budget (OMB) and EPA to discuss the proposed Definition of Solid Waste (DSW) rule, recently sent to OMB by EPA.
The proposed rule, among other things, would adversely change the Resource Conservation and Recovery Act (RCRA) Subtitle C hazardous waste rule as it applies to the scrap recycling industry's exemption from the rule and it's exclusion from the definition of solid waste.
ISRI previously provided to EPA extensive comments on the proposed rulemaking stating its concern that it would fundamentally change the industry's long standing exemption from Subtitle C and it's exclusion from the definition of solid waste which dates to a 1997 rulemaking. The comments were accompanied by an economic analysis that stated the annual cost of the rule to the industry would be $1.2 billion.
OMB has undertaken a review of the rule, scheduled to last ninety days. It will then provide its comments to EPA, which has to consider them. Discussions will then occur between EPA and OMB about final changes prior to publishing and promulgating the rulemaking.
During the meeting, ReMA provided OMB with language that, if included, would completely remove the scrap recycling industry from the rulemaking.
At this stage in the rulemaking, the Administrative Procedures Act (APA) prevents the government from sharing the language of the rulemaking, as sent to it by EPA (presumably EPA modified the proposed language based on prior meetings and comments for the record). There is little more, if anything, that can be done to affect the rule. Publication of the final rule is many months away.