EPA recently announced a supplemental proposal to revise the definition of solid waste to encourage the recycling of more hazardous secondary materials. This supplemental proposal amends EPA's Oct. 23, 2003, proposed revision to the definition of solid waste. The changes to the definition are in response to several court decisions that held EPA's regulatory definition was overly broad and did not clearly delineate when a material is discarded. The supplemental proposal is expected to be published in the Federal Register soon. 

So, what's the impact on the finishing industry? Experts say the proposed new definition of solid waste could facilitate more recycling of electroplating waste water treatment sludge, i.e., the listed hazardous waste, F006. Under the proposal, sludge that is reclaimed for metals recovery would not be "discarded" for regulatory purposes, and would not, therefore, be subject to hazardous waste regulations—provided that plating shops and reclamation facilities meet a set of conditions regarding the management and recycling of the sludge. 

Metal finishing industry watchers say excluding the recycling of F006 sludge from the hazardous waste regulatory restrictions can encourage more recycling of the sludge and save platers money. The proposed rule is also broad in scope and could beneficially impact recycling of other hazardous secondary materials—such as solvents—used in the finishing industry.

While the basic structure of the proposed rule appears to facilitate the recycling of waste water treatment sludge, the industry will need to assess the conditions for the exclusion and what is needed for the industry to meet those conditions. In the preamble to the proposed rule, EPA also offers additional regulatory options regarding the recycling of hazardous secondary materials like F006 sludge that must be considered along with the proposed regulatory language.  

The National Association for Surface Finishing will be submitting comments on how the new proposed definition of solid waste affects the surface finishing industry and to what extent it would facilitate recycling of secondary materials in the industry.  Comments will be due 60 days after the rule is published in the Federal Register.

(For more on this development, look for the April issue of Metal Finishing.)