Solid waste and recycled materials under RCRA (Resource Conservation and Recovery Act): Separating chaff from wheat

This article analyzes the Resource Conservation and Recovery Act (RCRA's) applicability to recyclable materials and the Environmental Protection Agency (EPA's) regulatory approach to the issue. Recycling offers several benefits, however, the processes also creates many of the same environmental hazards posed by improper disposal of waste. Special problems arise from the complexity and variety of material and the structure of the RCRA. Discussion covers EPA's definition of solid waste and applicable regulatory provisions. The courts's treatment of the problem in American Mining Congress and EPA's response is presented. Suggestions are given on how EPA should treat recyclable materials under RCRA and improve its existing regulations.