AFS Challenges EPA on Solid Waste Policies/Enforcement.

On April 21, the U.S. Court of Appeals decided that EPA had improperly defined solid waste and was inappropriately regulating materials under the Resource Conservation and Recovery Act (RCRA). In the Assn. of Battery Recyclers, Inc. v. U.S. EPA, No. 98-1368, the court reviewed EPA regulations classifying certain secondary mineral processing materials as solid wastes depending upon how and for what period of time they were stored prior to being reused in an ongoing production process. The court held that the regulations exceeded the scope of EPA's authority because the covered materials were not discarded, and, thus, not a solid waste for purposes of RCRA. The AFS RCRA Working Group reviewed this decision and determined that it had significant implications relating to EPA's policy that foundry sand is considered a solid waste after shakeout and the agency's related enforcement initiative. AFS sent a letter to EPA citing the court ecision and stated that " AFS believes this debate (i.e., point of generation for solid waste) has been resolved." The AFS letter also requested that EPA confirm in writing their concurrence with its position. AFS expects a response from EPA this summer. AFS has been challenging EPA for more than 6 years on this issue. For more information on this decision and how it impacts foundry operations and the use of thermal reclamation, contact Amy Blankenbiller, AFS Washington Office, at 202/842-4864.