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Regulatory Development and Retrospective Review Tracker

Rulemaking on the Definition of Solid Waste

a.k.a. Definition of Solid Waste - Response to Issues Raised in Petition

RIN: 2050-AG62 (What's this?)

Docket No.: EPA-HQ-RCRA-2010-0742 (What's this?)

Current Phase: Proposal (What's this?)

EPA's reexamination of the 2008 definition of solid waste final rule identified areas that could be improved to better protect public health and the environment with a particular focus on communities adjacent to hazardous waste recycling facilities.

Potential regulatory changes should improve accountability and oversight of hazardous materials recycling, while allowing flexibility to promote economic and environmental benefits. Facilities affected include those that send hazardous waste off-site to be recycled and those that recycle hazardous waste on-site.

NPRM: Sent to OMB for Regulatory Review03/18/2011
NPRM: Received by OMB03/22/2011
NPRM: Regulatory Review Concluded06/29/2011
NPRM: Comment Period Open07/22/2011
NPRM: Published in FR07/22/2011
NPRM: Comment Period Extension Published in FR8/26/2011
NPRM: Comment Period Closed09/20/2011
NPRM: Comment Period Closed with Extension10/20/2011
Final Rule: Sent to OMB for Regulatory Review03/13/2014
Final Rule: Received by OMB03/15/2014
Final Rule: Regulatory Review Concluded11/17/2014
Final Rule: Published in FR12/2014 (projected)

Potential Effects

Children's Health
This rule is likely to address an adverse impact on childhood lifestages, including prenatal (via exposure to women of childbearing age). The potential adverse impacts are expected to be due to exposure (i.e., children and/or women of childbearing age are more likely to be highly exposed than other lifestages).

Environmental Justice
This rulemaking involves a topic that is likely to be of particular interest to or have particular impact upon minority, low-income, tribal, and/or other vulnerable populations because:

  • This topic is likely to present an opportunity to address an existing disproportionate impact on vulnerable populations.
  • This topic is likely to affect the availability of information to vulnerable populations.

Federal Government - other agencies
Likely to be regulated by this rule.
Likely to be involved in the implementation of this rule.

Small Entities
EPA notifies the public when a rulemaking is likely to 1) have any adverse economic impact on small entities even though a Regulatory Flexibility Analysis may not be required and/or 2) have significant adverse economic impacts on a substantial number of small entities. The term "small entities" includes small businesses, small governments, and small not-for-profits. (Read a longer explanation on our Small Entities web page.) This rulemaking is likely to impact small entities in the following way(s):
  • Likely to have any adverse economic impact on:
    • small businesses

State Governments
Likely to be involved in the implementation of this rule.

Participate / Learn More Regulatory Review

Some of EPA's rulemakings undergo regulatory review (What's this?), as prescribed by Executive Order 12866 and coordinated by the Office of Management and Budget (OMB). The following list describes which of this rulemaking's stages have completed review and published in the Federal Register, if any, and provides links to the review documents where available. Consult the "Timeline" section of this Web page for the dates of each review.

  • Final Rule - This stage of the rulemaking underwent review.
Citations & Authorities

Federal Register Citations

Code of Federal Regulations (CFR) Citation
40 CFR 261.2

Legal Authority
42 USC 6903;RCRA Section 1004


This site provides summaries of priority rulemakings and priority retrospective reviews of existing regulations. We update most of the site at the beginning of each month, though some data is updated more frequently if it is time sensitive. The information on this site is not intended to and does not commit EPA to specific conclusions or actions. For example, after further analysis, EPA may decide the effects of a rule would be different or it may decide to terminate a rulemaking.

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