July 1
Environmental justice advocates have asked the U.S. EPA during a June 30
public hearing to undo a Bush-era hazardous waste rule change that they
argue lessens safeguards to prevent toxic spills and contamination.
The Bush administration and segments of the small business community touted
the changes, finalized in late 2008, saying they would promote resource
conservation and sustainability by encouraging recycling and reuse of
hazardous wastes.
The rule changes make it easier for certain chemical and pharmaceutical
companies and industrial companies, such as circuit board makers, to recycle
manufacturing byproducts instead of treating them as hazardous wastes,
according to proponents.
The EPA maintained the rule changes would reduce costs and burdens
associated with recycling and reusing valuable manufacturing byproducts
while maintaining controls essential to protecting human health and the
environment. Some companies have said it would allow them to recover
valuable solvents and precious metals from materials left over from
manufacturing processes instead of incinerating or disposing of the
byproducts as waste.
For example, one provision allows industries under certain conditions to
store hazardous materials for reuse onsite for more than 90 days without
having to obtain a full Resource Conservation and Recovery Act permit.
Certain record-keeping requirements also are less extensive under the
reformed rule.
However, environmental advocates testifying at the June 30 hearing in
Arlington, Va., said the changes created a loophole and eliminated important
safeguards. In addition, they argued the hazardous waste recycling would put
predominantly low-income communities and those with high concentrations of
minorities at risk.
"This loophole represents the largest hazardous waste rollback since the
passage of laws protecting the public from hazardous waste in 1976," said
Earthjustice attorney Lisa Evans.
The EPA also heard testimony from industry groups who back the change.
The EPA will continue accepting written statements on the so-called
definition of solid waste rule change through July 14. The agency will weigh
the public comments before deciding what action to take.
The EPA released a statement saying it does not expect to repeal the final
rule, but believes opportunities may arise to revise or clarify it.
More information about the hearing, the rule change and how to submit
comments is available online at
www.epa.gov/epawaste/hazard/publicmeeting.htm .
Contact Waste & Recycling News senior reporter Bruce Geiselman at
330-865-6172 or bgeiselman@crain.com
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