EPA Announces DSW Comment Period Extension and Public Meetings

2011 DSW Comment Period Extension

EPA has announced a 30-day extension of the comment period on the proposed rule on the definition of solid waste, which was published in the Federal Register on July 22, 2011 (76 FR 44094, July 22, 2011). The comment period is being extended to October 20, 2011. A Federal Register notice announcing the extension is expected to be published in the next few weeks.

DSW Public Meetings

EPA will be holding two public meetings in September to allow the public to respond to the proposed rule to refine the Definition of Solid Waste (DSW). The first will be held on September 12, 2011 in Philadelphia, PA and the second will be held on September 15, 2011 in Chicago, IL. Both meetings will run from 10 AM to 7 PM (local time). If you are unable to attend either of these sessions please submit your comments online through Regulations.gov using docket number EPA-HQ-RCRA-2010-0742.

Please be mindful that space is limited at these sessions and so EPA urges you to pre-register online through the DSW rulemaking website at http://www.epa.gov/osw/hazard/dsw/rulemaking.htm.

DSW Q&A Webinar

The second of two informal question and answer webinars on the DSW proposed rule will be held on August 31, 2011 at 2 pm EST. This webinar is open to the public. The purpose of this webinar is to provide an informal opportunity to ask EPA questions on the DSW proposal. Please note that EPA will not be taking public comment during the Q&A webinar and will not be producing a transcript of this informal session.

Registration for these webinars is available on EPA’s DSW rulemaking website at http://www.epa.gov/epawaste/hazard/dsw/rulemaking.htm

Prior to attending the Q&A webinar, we encourage all attendees either to listen to a pre-recorded presentation or to review power point slides, each of which provide an overview of the rule. These materials are also available on the DSW rulemaking website.

EPA also invites attendees to submit questions prior to each webinar to DSWPublicMeeting@epa.gov. We will also answer questions submitted during the webinar, as time allows.


It is important to note that this rule is complex and nuanced. Companies with existing solid waste and/or hazardous waste exemptions should take a close look at the proposed rule, particularly the enhanced notification, containment and reporting requirements for recyclers and recycled materials. These provisions are more stringent than existing Federal regulations, thus requiring State adoption on final publication.

We strongly encourage everyone who may be impacted by this rule or the 2008 rule to provide written comments. Novesis is currently assisting several clients with preparation of their comments, and would be pleased to assist you as well.

Please contact us today, so we can help you provide comments to this important change to the existing Solid Waste/RCRA Regulations.

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