Pursuant to a settlement agreement between USEPA and Sierra Club filed in September 2010, EPA must evaluate by June 30 of this year the environmental justice impacts of the new definition of solid waste that went into effect in 2009. EPA had proposed the new definition of solid waste in an effort to clarify under what circumstances hazardous secondary materials were not “discarded” and, thus, not solid waste subject to RCRA regulation. Sierra Club disagreed with EPA’s conclusion that the rule would have no adverse environmental impacts or adverse environmental justice impacts and filed an administrative petition requesting that the agency repeal the rule. In support of their environmental justice claims, Sierra Club referred to data establishing that over half on the population in the immediate area of TSD facilities were minorities.
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