The Environmental Protection Agency (EPA) is projecting that it will issue its final rule on the Definition of Solid Waste (DSW) as early as this July. When EPA proposed changes to the definition back in 2011, it was written in such a way that would have significant negative ramifications for the scrap recycling industry if finalized as written. Unfortunately, there is no way to know what the language in the final rule looks like until it is formally issued by EPA. As soon as ISRI receives word of the final rule’s release, we will immediately alert members.
Throughout the last three years, ReMA has worked to maintain the current definition of solid waste as it applies to scrap commodities, which includes both an exemption and exclusion within what is known as Subtitle C of RCRA. We filed detailed comments on the proposed rulemaking that included an economic analysis conducted by an outside econometrics firm showing the annual cost of the proposed rule to the industry would be $1.2 billion. We also met with the Agency a number of times and raised our concerns to offices throughout Capitol Hill. We have been told in many of these meetings that the Agency has addressed our issues, however, given the complexity of the regulations we are very concerned that any tinkering with the current language could still have significant unintended consequences. It is for this reason that last month we met with the Office of Information and Regulatory Affairs (OIRA) within the Office of Management and Budget (OMB) to raise our concerns again and offer specific language that, if included in the final regulation, would have the effect of returning the scrap recycling industry to the status quo prior to the present rulemaking.
For more information please contact ReMA Vice President of Government Relations Scott Horne or Assistant Vice President Mark Reiter.