CC-15-003: EPA – RCRA – Final Rule – Definition of Solid Waste

In July 2011, EPA proposed a number of revisions to the definition of solid waste (DSW) under the Resource Conservation and Recovery Act (RCRA). Among other things, the proposal would have revised the requirements for a range of materials currently covered by pre-2008 recycling-related exclusions from the definition of solid waste, such spent pulping liquors and spent wood preservatives. An overview of the July 2011 proposal can be found in NCASI Corporate Correspondent Memorandum No. 11-024. On January 13, 2015, EPA published a final rule revising the DSW [FR 80 1694-1814]. Aspects of the final DSW rule most directly relevant to the pre-2008 recycling-related exclusions specific to the forest products industry are briefly summarized in this memorandum. Not addressed in this summary are many other changes being made to the DSW. Given RCRA’s compliance complexities and the variety in mill circumstances, this summary cannot substitute for companies reading and interpreting the rule for themselves. This material will interest all companies.