PADEP Expects Major Overhaul of Municipal and Residual Waste Rules

January 16, 2007
Client Alert Newsletter Forecast 2007

The Pennsylvania Department of Environmental Protection ("PADEP") is moving forward with plans to significantly revise both its municipal and residual waste regulations. The agency is exploring the possibility of merging the two regulations to eliminate duplicative requirements, while retaining the basic distinction between municipal and residual wastes. PADEP also intends to redefine what materials constitute wastes, substantially change the permitting process for recycling and beneficial use activities, introduce the concept of allowing municipal wastes to qualify as "coproducts," and develop requirements to divert wastes away from landfills. PADEP currently expects proposed regulatory amendments to be ready for consideration early next year. These changes will likely have important ramifications for the entire Pennsylvania regulated community.