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GAO-09-170R 1 (2008-11-07)

handle is hein.gao/gaobadwvj0001 and id is 1 raw text is: i T I M Accountability * Integrity * Reliability United States Government Accountability Office Washington, DC 20548 B-317407 November 7, 2008 The Honorable Barbara Boxer Chairman The Honorable James M. Inhofe Ranking Minority Member Committee on Environment and Public Works United States Senate The Honorable John D. Dingell Chairman The Honorable Joe Barton Ranking Minority Member Committee on Energy and Commerce House of Representatives Subject: Environmental Protection Agency: Revisions to the Definition of Solid Waste Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a major rule promulgated by the Environmental Protection Agency (EPA), entitled Revisions to the Definition of Solid Waste (RIN: 2050-AG31). We received the rule on October 14, 2008. It was published in the Federal Register as a final rule on October 30, 2008. 73 Fed. Reg. 64,668. The final rule revises the definition of solid waste to exclude certain hazardous secondary materials from regulation under the Resource Conservation and Recovery Act. The final rule includes an exclusion for certain hazardous secondary materials legitimately reclaimed under the control of the generator and a conditional exclusion for hazardous materials that are transferred for the purpose of legitimate reclamation. The final rule also codifies the factors to be used in determining whether recycling under the rule is legitimate. Finally, the final rule establishes a non-waste determination process that provides persons with an administrative process for receiving a formal determination that their hazardous secondary materials are not discarded and, therefore, not solid wastes when legitimately reclaimed. Enclosed is our assessment of the EPA's compliance with the procedural steps required by section 801(a)(1)(B)(i) through (iv) of title 5 with respect to the rule. Our review indicates that EPA complied with the applicable requirements. GAO-09-170R

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