FAQs About the Definition of Solid Waste (DSW) Rule—Part 2
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Q: Does the 2014 DSW rule help to ensure that hazardous materials are actually legitimately recycled and not disposed of illegally?
A: In addition to the changes to permitting and variances, the 2014 DSW rule “establishes a clear, uniform legitimate recycling standard for all hazardous secondary materials recycling…” that the EPA says will help improve compliance and that “makes it substantially harder for facilities who are illegally disposing under the guise of recycling to continue to operate in the marketplace.”
The new standard has four mandatory components:
1) That the hazardous secondary material must provide a useful contribution to the recycling process or product,
2) That the recycling process must produce a valuable product or intermediate,
3) That the hazardous secondary material must be managed as a valuable commodity, and
4) That the recycled product must be comparable to a legitimate product or intermediate.
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Q: Does the 2014 DSW rule contain provisions that will help to promote in-process recycling?
A: The EPA included several provisions that are intended to “result in both resource conservation and economic benefits by encouraging certain types of in-process recycling and remanufacturing.” These include:
1) An explanation of the legitimacy of pre-2008 DSW exclusions, such as the scrap metal exclusion, and a reaffirmation that the 2014 final rule does not change the regulatory status of these recycled materials.
2) A revised definition of “legitimate recycling” that addresses the legitimacy of in-process recycling and of commodity-grade recycled products, such as metal commodities.
3) The retention of the exclusion for recycling under the control of the generator, including recycling on-site, within the same company, and through toll manufacturing agreements. The EPA notes: “Generators who maintain control over their hazardous secondary materials and recycling processes have strong economic incentives to maintain oversight of, and responsibility for, the hazardous secondary material that is reclaimed.”
4) A “targeted remanufacturing exclusion for certain higher-value hazardous spent solvents that are being remanufactured into commercial-grade products.” According to the EPA, this will allow manufacturers to “reduce the use of virgin solvents, resulting in both economic and environmental benefits, including energy conservation and reduced greenhouse gas emissions.”
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Q: Does the EPA anticipate that the 2014 DSW rule will have any monetary cost savings associated with it?
A: The 2014 rule will have to be adopted by each of the RCRA-authorized states to have any impact. However, the EPA says, “Because the 2014 DSW rule addresses many of the concerns states raised about the 2008 DSW rule, state adoption rates—and thus cost savings—for the 2014 DSW rule may be much higher than the 2008 DSW final rule.” Overall, the EPA estimates that if the rule is adopted by 31 states and territories, it “will have an annual regulatory cost savings of $24 million as compared to baseline cost savings in the 8 states and territories that have adopted the 2008 DSW final rule.”
Q: When will the 2014 DSW rule take effect?
A: In those states where the EPA administers the RCRA program, the 2014 DSW rule will become effective 6 months after it is published in the Federal Register. RCRA-authorized states that adopted the 2008 DSW rule will have to adopt the new rule to make it effective. RCRA-authorized states that did not adopt the 2008 DSW rule are not required to adopt the 2014 DSW rule although many will probably choose to. The EPA is pushing for early adoption and planning outreach, training, and guidance on the new rule. In addition, the EPA also plans outreach to facilities operating under the 2008 DSW rule to help owners and operators understand and comply with the new requirements.