Why is EPA codifying the legitimacy provisions in the new exclusions?
Many public comments submitted in response to the October 2003 and March 2007 proposals (particularly those from states) stressed the need for clarity, predictability, and consistency in enforcing legitimacy criteria. We generally agree with these commenters, and believe that explicit regulatory provisions for addressing the legitimacy of recycling practices under the new exclusions and non-waste determinations are the best means of meeting these objectives. However, to avoid confusion among the regulated community and state and other implementing agencies about the status of recycling under existing definition of solid waste exclusions, we have decided that the focus of this rule should be the new recycling exclusions and non-waste determinations. Because the legitimacy provision being finalized today is substantially the same and no more stringent than the existing regulatory scheme under which all recycling must be legitimate, if a state adopted the four legitimacy factors for all r
