Date: September 14, 2010
Source: News Room
In a settlement with environmental groups, the US EPA is committing to propose a new rule revising its controversial regulatory definition of solid waste (DSW) by June 2011. EPA and environmentalists filed a joint brief on Sept. 10 that asks the federal appellate court reviewing the rule in the case Sierra Club v. EPA to accept a procedural settlement and hold it in abeyance until after EPA completes its regulatory actions. EPA's finalized DSW rule, made during the Bush administration, aimed to encourage recycling by providing exemption to its Resource Conservation & Recovery Act (RCRA) regulations, but Earthjustice, on behalf of the Sierra Club, filed suit over the rule in the U.S. Court of Appeals for the District of Columbia Circuit alleging that the exemptions were too liberal and could encourage dangerous "sham" recycling at facilities more likely to be located near low income and minority communities. In May 2009 EPA said it would consider elaborating how recyclers would berequired to contain materials and notify communities about their intention to take advantage of the regulatory exemption. The latest settlement responds to environmentalists' impatience with EPA's timeline for action but does not address pending industry suits over the rule, including one from the American Petroleum Institute that argues for exemption of petroleum refinery catalysts from RCRA regulation.
PRESS RELEASE
U.S. EPA Will Review Loophole That Stripped Regulation of Dangerous Hazardous Waste
Rule deregulated 1.5 million tons of toxic waste
WASHINGTON - September 10 - The U.S. Environmental Protection Agency has agreed to revisit a loophole that stripped federal oversight of companies that handle 1.5 million tons of hazardous waste each year. The loophole allows any company that claims to recycle hazardous waste to opt out of safety and inspection requirements. Facilities with alarming records of environmental damage were quick to take advantage of this Bush-era exemption, and the communities most at risk have been predominantly low income and minority communities.
To settle a lawsuit brought by Earthjustice on behalf of the Sierra Club, the EPA has agreed to undertake a new rulemaking process to address these concerns. In this settlement agreement the EPA agreed to take final action on the rulemaking no later than Dec. 31, 2012.
"This is a great first step toward restoring safeguards that should always be in place at hazardous waste facilities," said Earthjustice attorney Abigail Dillen. "This administration has promised to look out for the vulnerable communities where hazardous wastes often end up, and we expect EPA to deliver on that promise with protective new rules."
During the Clinton administration, an executive order was handed down that required federal agencies to consider how their actions disproportionally impact low-income and minority communities. In July 2009, the EPA agreed to undertake a comprehensive environmental justice analysis—the first of its kind—to assess the threat posed to low-income and communities of color by deregulation of hazardous waste recycling.
"We are pleased that those most directly affected by exposure to these hazardous wastes are finally being heard," said Vernice Miller-Travis, vice chair of the Maryland Commission on Environmental Justice and Sustainable Communites. "This settlement agreement is a clear reflection that this EPA is turning a new tide and listening directly to the communities who were ignored for far too long."
Additional Resources: List and analysis of some unregulated facilities around the country
Earthjustice is a non-profit public interest law firm dedicated to protecting the magnificent places, natural resources, and wildlife of this earth, and to defending the right of all people to a healthy environment. We bring about far-reaching change by enforcing and strengthening environmental laws on behalf of hundreds of organizations, coalitions and communities.
For more information, contact:
Earthjustice
Abigail Dillen, Earthjustice, (406) 579-9844
Raviya Ismail, Earthjustice, (202) 667-4500, ext. 221
Vernice Miller-Travis, Maryland Commission on Environmental Justice and Sustainable Communities, (301) 537-2115
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