1. Triggering RCRA:“Solid Waste” COURSE Professor Date

2. RCRA’s Primary Statutory Trigger “Solid Waste” = “any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility and other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community activities . . . .” TRIGGER #1: Is there a solid waste? TRIGGER #1: Is there a solid waste? NO: RCRA does not apply. YES: Trigger #2

3. The EPA’s Definition of “Solid Waste” • To make things more complex, the EPA has also defined “solid waste” and “discarded material” in its RCRA regulations • “Solid waste” is any discarded material that has not been excluded by regulation or variance • 40 C.F.R. 261.2(a)(1)

4. The EPA’s Definition of “Discarded Material” • “Discarded material” is: • Abandoned material • Recycled material • Material that is considered “inherently waste-like” • Military munitions identified in 40 C.F.R. 266.202 • 40 C.F.R. 261.2(a)(2)

5. No Spray Coalition, Inc. v. City of New York The Spread of West Nile Virus in the United States Map care of U.S. Centers for Disease Control, http://www.cdc.gov/ncidod/dvbid/westnile

6. Water Keeper Alliance v. U.S. Dept. of Defense On May 1, 2003, the U.S. Navy ceased all military operations on the island of Vieques. It transferred 15,000 acres to the Department of the Interior to be added to the Vieques National Wildlife Refuge. Image care of U.S. E.P.A. Region 2, http://www.epa.gov/regiona02/ vieques/sectors/htm#east