In July of 2011, the EPA proposed revisions of the 2008 definition of Solid Waste. The proposed rule would remove the exclusion for hazardous, secondary materials sent to third party recyclers, and notification and storage requirements for facilities that recycle hazardous secondary materials onsite or within the same company. It would also require all hazardous waste recycling to meet federal recycling standards, and create a petition process for facility owners to show the legitimacy of their recycling practices.
Industry groups representing the metal recycling, fertilizer, specialty chemical and mining industries have indicated that there could be a legal challenge to the rule if it is not substantially altered. The final rule has not yet been sent to the Office of Management and Budget for review.