Identification of Non-Hazardous Secondary Materials That Are Solid Waste

ASTSWMO appreciates the opportunity to provide comments on the proposed rule, Identification of Non-Hazardous Secondary Materials That Are Solid Waste, published in the Federal Register on June 4, 2010 (75 FR 3 1844). These comments have not been reviewed or adopted by the ASTSWMO Board of Directors. In addition, individual State or Territorial solid waste programs may also provide comments based on their perspectives and experiences. In commenting on this solid waste management proposal — which was proposed concurrently by the U.S. Environmental Protection Agency with the air emission requirements under Clean Air Act (CAA) section 112 for indusfrial, commercial, and institutional boilers and process heaters, as well as air emission requirements under CAA section 129 for commercial and industrial solid waste incineration units – we recognize that our State colleagues who regulate and administer air programs may also provide EPA with their views on issues raised in the proposed rule.

Final Performance Systems Survey, Developed by the Performance Systems Task Force

The Performance Systems Task Force of the Hazardous Waste Subcommittee of the Association of State and Territorial Solid Waste Management Officials (ASTSWMO) has engaged in activities to coordinate States’ efforts in identifying opportunities for facility specific flexibility under the RCRA program to be implemented by States that is designed to result in more protective, yet enforceable, environmental management and outcomes. As such, the Task Force has concluded that there exists to “one size fits all” performance system that would satisfy the goal of needed flexibility among the different State programs.

ASTSWMO Comments on its partnership with the Department of Defense

It has come to the attention of the Association of State and Territorial Solid Waste Management Officials (ASTSWMO) that questions have been raised about the nature of our association and the work our members do, particularly in relation to the federal government. The purpose of this letter is to clearly state what ASTSWMO is and does and to highlight the successful partnership ASTSWMO and the Department of Defense (DOD) have had over the last ten years.

ASTSWMO Comments on the Proposed Rule, Revisions to the Definition of Solid Waste

The Board of Directors of the Association of State and Territorial Solid Waste Management Officials (herein referred to as “ASTSWMO”) has reviewed the October 28, 2003 proposed rule (68 FR 61558) containing suggested revisions to the definition of solid waste. The ASTSWMO Board is comprised of 14 senior-level State waste program experts representing all geographic and regional areas of the country, and the comments contained herein reflect their collective technical opinions regarding major aspects of the rule proposal. The Board is submitting this letter stating its support of separate comments submitted to the Docket by ASTSWMO’s Hazardous Waste Recycling Task Force (“Task Force”) regarding three areas discussed in the proposal of significant importance to States: notification, legitimacy criteria, and exclusion of on-site recycling. Individual States will also submit comments reflecting their own unique perspectives on the proposed components of the rule.