05/30/2018
EPA, pursuant to a court order in American Petroleum Institute v. EPA, 862 F.3d 50, 47 ELR 20089 (D.C. Cir. 2017), reh'g granted, No. 09-1038, 48 ELR 20038 (D.C. Cir. Mar. 6, 2018), revised and vacated portions of a 2015 rule that defined when certain hazardous materials were deemed discarded—as opposed to legitimately recycled—under RCRA; among other changes, the Agency vacated the 2015 verified recycler exclusion for hazardous waste that is recycled off-site and reinstated the transfer-based exclusion from the 2008 rule to replace the now-vacated 2015 verified recycler exclusion.