EPA Revises Recycling-Related Waste Provisions to Implement Federal Court Order

The D.C. Circuit vacated the verified recycler exclusion (“VRE”) for hazardous waste that is recycled off-site (with a few exceptions) and reinstated the transfer-based exclusion (“TBE”) to replace it.

It is worth noting that the provisions vacated by the court order, including the VRE, have been technically null since the court issued its mandate on March 14, 2018 – the EPA’s rule carries out the court’s orders by updating the text of the regulations accordingly.

The provisions vacated by the D.C. Circuit’s order have been technically null since the court issued its mandate on March 14, 2018, so the EPA’s rule does not have much legal effect besides implementing the court’s order.

Source:

Response to Vacatur of Certain Provisions of the Definition of Solid Waste Rule, 83 Fed. Reg. 24,664 (EPA, May 30, 2018), https://www.federalregister.gov/documents/2018/05/30/2018-11578/response-to-vacatur-of-certain-provisions-of-the-definition-of-solid-waste-rule.

American Petroleum Institute v. Environmental Protection Agency, 862 F.3d 50 (DC Cir. 2017), https://www.cadc.uscourts.gov/internet/opinions.nsf/3A93250DDBFBD19C852582480055DAEF/$file/09-1038.pdf.