The EPA has proposed changes to the definition of 'solid waste' in a bid to encourage recycling and respond to criticisms of original 2003 definitions.

The new regulations would remove "unnecessary controls" that were part of the 2003 proposals, and aim to make it easier for industry to safely recycle hazardous secondary material.

The proposed rule would provide for the recycling of metals, solvents and various other chemicals, in a move which the EPA sees as a 'streamlining' tactic to help conserve resources as well as making recycling of these materials easier and more cost-efficient.

The EPA anticipates savings of $107m a year in the impacted industries as a result of the streamlining measures, which are anticipated to affect around 4,600 facilities and over half a million tons of hazardous secondary materials every year.

The definition of solid waste is covered under the Resource Conservation and Recovery Act (RCRA); a secondary material classified as a solid waste can qualify as a hazardous waste according to the definition.

The definition designates some materials as wastes that are subject to recycling regulations, while other recycled materials are not considered wastes. The renewed proposals from the EPA seek to exclude some materials that were previously classified as solid (and therefore hazardous) and regulated as such.

Exclusions have been proposed for materials generated and reclaimed by the same generator, materials generated and transferred to another company for reclamation, and materials that the EPA deems 'non-wastes' through a case-by-case petition basis.

Part of the requirement for generators who wish to qualify for the exclusion is that they make "reasonable efforts" to ensure their excluded materials will be safely and legitimately recycled.

Although the EPA does not provide definitive requirements as to what constitutes reasonable effort, the agency proposes a general performance standard for reasonable efforts.

"The idea is that generators should make inquiries about potential reclaimers so that they can be reasonably assured that their materials will be managed and recycled safely and effectively," an EPA document reads.

"Such inquiries, which can be thought of as a kind of "environmental due diligence," are currently done as a normal business practice by responsible generators."

As well as the material exclusions, the solid waste rule modifications also seek to define 'legitimate' recycling activities, in an attempt to ensure that only genuine recycling activities receive the benefit of the new streamlined regulations.

According to the EPA, in order to be legitimately recycled, the material "must provide a useful contribution to the recycling process" and the recycling must result in a "valuable new product" that doesn't contain toxic constituents are levels significantly higher than non-recycled product.

The EPA is accepting comments on the proposal for 60 days following its publication in the Federal Register. More details on the proposed regulation can be found here .