EPA Expected to Announce Settlement of Solid Waste Rule Litigation

Date: September 3, 2010

Source: News Room

A settlement resolving litigation over EPA's controversial definition of solid waste (DSW) rule is expected soon. Lisa Feldt, deputy assistant administrator for EPA's Office of Solid Waste and Emergency Response, told the Environmental Council of the States' annual meeting on Aug. 30 that "We are in settlement talks and hope to have an announcement soon." The current rule which dates from the Bush administration provides exemptions for the management of certain wastes under Resource Conservation & Recovery Act requirements in an effort to promote recycling.

In its lawsuit, Sierra Club alleges that the exemptions go too far and will lead to dangerous "sham" recycling at facilities located disproportionately near low-income and minority communities. Sierra Club also filed a petition for reconsideration with EPA urging the agency to repeal the rule. Last year, EPA said it was considering more precisely defining how industry must "contain" recyclable materials and that it would require more elaborate notification by companies seeking exemptions. In January EPA released a draft methodology for analyzing the rule's impacts on low income and minority communities.

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