Recyclable Materials and RCRA's Complicated, Conflicting, and Costly Definition of Solid Waste
July 1991
Citation:
21
ELR 10357
Issue
7
Editors' Summary: RCRA is often perceived as establishing a comprehensive regulatory scheme for managing hazardous waste from "cradle to grave." However, when a substance becomes a solid waste subject to RCRA's jurisdiction remains unclear. This Article examines how RCRA defines solid waste and EPA's attempts to clarify that definition. The Article focuses on how this lack of clarity has impacted RCRA's goal of encouraging recycling and recovery of resources from solid waste. The Article analyzes three D.C. Circuit decisions that considered RCRA's definition of solid waste and concludes by discussing an approach that Congress may take to clarify this definition when it reauthorizes RCRA.
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