Summary of EPA Meeting with USWAG

May 3, 2007

On Thursday, May 3, 2007, Definition of Solid Waste team members from
the Office of Solid Waste (OSW) met with the Utility Solid Waste
Activities Group (USWAG). EPA began by presenting a brief overview of
the supplemental proposed rule and then took questions and comments from
the group. As part of the discussion, EPA clarified that non-waste
determinations would not require formal rulemakings and instead would
operate similar to the current variance procedures. Regarding
legitimacy, EPA explained that all existing recycling exclusions are
already considered to be legitimate recycling and that the proposal does
not mandate a certain percentage of waste-to-product as part of the
legitimacy criteria. One member inquired about the status of
“PCB-contaminated” wastes (defined under the Toxic Substances
Control Act) to which EPA clarified the proposal only excludes waste
from the federal Resource Conservation and Recovery Act (RCRA)
definition of solid waste and does not exclude waste defined by other
statutes and state regulations. Another question asked how the proposed
exclusions would affect current hazardous waste exemptions, such as the
universal waste regulations. EPA acknowledged the proposal is silent on
this issue and expressed interest in receiving comments to this end.
Finally, the group voiced concerns regarding transport issues regarding
hazardous secondary material shipped across state lines where the
materials are excluded in one state and not excluded in another. 

See attached PowerPoint presentation.

Groups in Attendance:

Allegheny Energy	New York Power Authority

Ameren	Northeast Utilities

American Electric Power	Oncor Electric Delivery

APS	PPL Electric Utilities

Central Hudson Gas	Progress Energy

Constellation Energy	Public Service Enterprise Group

DLA Piper LLP	Reliant Energy

DTE Energy	Salt River Project

Duke-Energy	SCANA

Edison Electric Institute	Southern Company

Entergy	Tennessee Valley Authority

FirstEnergy	TXU Energy

Florida Power & Light	Utility Solid Waste Activities Group

KeySpan	Wolf Creek Nuclear Operating Corporation

Los Angeles Department of Water and     Power	Xcel Energy

National Rural Electric Cooperative Association

	

 Polychlorinated biphenyls

