As noted in prior posts, a final RCRA regulation was promulgated that redefined "solid waste" in October, 2008. The rule sought to exclude 1.5 million tons of material from RCRA regulation. Environmental activists have opposed the rule, and are seeking to have it repealed or declared invalid. States are not required to adopt the rule because it eases restrictions instead of increasing their severity; as a result, to date, only Pennsylvania and New Jersey have adopted the rule.
At a June meeting EPA indicated that it would not repeal the rule, but would consider revisions. The comment period has closed.
When EPA adopted the rule in Oct., 2008 it stated that it had performed an environmental justice review and had found no adverse impact. Earthjustice petitioned EPA to reconsider this finding, which EPA has announced it will do.
More information on the rule can be found at http://www.epa.gov/epawaste/hazard/dsw/rulemaking.htm#2009.