Solid Waste Definition Determinations
Solid Waste Definition Determinations practice requires that we address issues on behalf of our clients that include:
- Providing advice to client regarding what materials do and don’t satisfy the solid waste definition
- Hazardous waste issues related to definition of solid waste determinations and related compliance activities and documents required by state and federal administrative laws and regulations
- Notifications and permitting related to exemptions from the solid waste definition
- Defense of administrative or civil enforcement actions related to definition of solid waste determinations issued or instituted by state or federal administrative agencies
- Defense of civil actions by state and US departments of justice related to definition of solid waste determinations after referral of administrative enforcement actions by state or federal environmental agencies
Those Solid Waste Definition Determinations matters in which the firm has or attorneys with the firm have been involved include the following:
- Obtained a hazardous waste exemption for two spent solvent streams to be used as solvents for uses different from the original use
- Defended former steel foundry in an enforcement action related to spent foundry sand and obtained approval from state agency to separate and sell foundry sand components as products exempt from regulation
- Provided opinion to ethylene manufacturer regarding regulatory status of by-products already being used as ingredients to make additional products
- Prepared opinion related to by-products to be used as feedstocks to produce a product for a chemical blending company
As was mandated by Subtitle C of the Resource Conservation and Recovery Act (RCRA), EPA promulgated hazardous waste regulations that became effective on November 19, 1980 to ensure that wastes that pose a threat to human health and the environment would be managed properly. In order to be regulated as a hazardous waste under RCRA, a material must first meet the solid waste definition. After confirming that a material meets the definition of a solid waste, the generator of the solid waste must determine if it satisfies the criteria of a hazardous waste. One of the more important concepts to remember is that hazardous wastes are a subset of solid wastes. In other words, a material cannot be regulated as a hazardous waste if it does not satisfy the criteria for a solid waste.
The regulatory definition of solid waste, found in 40 CFR §261.2(a), encompasses the following materials: (i) materials that are abandoned; (ii) materials that are recycled; (iii) materials that are inherently waste-like; and (iv) waste military munitions. Any materials that does not fall within one of these categories is not subject to Subtitle C regulation.
Recycled materials are a special subset of the solid waste universe. When recycled, some materials qualify for an exclusion from the solid waste definition and will no longer be subject to RCRA regulation or will be subject to less-stringent regulatory controls. Based on the nature of the material and the type of recycling, the generator of a recyclable solid waste is responsible for determining if it is subject to reduced regulatory requirements or full regulation.