What is the “Definition of Solid Waste,” and what is the intent of this final rule?
The “definition of solid waste” is contained in the hazardous waste regulations under the Resource Conservation and Recovery Act (RCRA). Under RCRA, to be considered a hazardous waste, a hazardous secondary material must first be determined to be a solid waste. With regard to recycling, the existing definition classifies some materials, but not others, as wastes when they are recycled. This final rule is intended to modify the existing definition to exclude some additional hazardous secondary materials that are recycled from being regulated as solid (and therefore hazardous) wastes. The rule also contains provisions for assessing the “legitimacy” of hazardous secondary material recycling practices under the new exclusions.