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EPA PROPOSES NEW DEFINITIONOF SOLID WASTEThe Environmental Protection Agency(EPA) recently announced a supple­mental proposal to revise the defini­tion of solid waste to encourage therecycling of more hazardous second­ary materials. This supplemental pro­posal amends EPA's Oct. 23, 2003,proposed revision to the definition ofsolid waste. The changes to the defi­nition are in response to several courtdecisions that held EPA's regulatorydefinition was overly broad and didnot clearly delineate when a materialis discarded. The supplemental pro­posal is expected to be published inthe Federal Register soon.

So, what's the impact on the fin­ishing industry? Experts say the pro­posed new definition of solid wastecould facilitate more recycling ofelectroplating wastewater treatmentsludge, i.e., the listed hazardouswaste, F006. Under the proposal,sludge that is reclaimed for metalsrecovery would not be "discarded"for regulatory purposes, and wouldnot, therefore, be subject to haz­ardous waste regulations-providedthat plating shops and reclamationfacilities meet a set of conditionsregarding the management and recy­cling of the sludge.

Metal finishing industry watcherssay excluding the recycling of F006sludge from the hazardous waste regu­latory restrictions can encourage morerecycling of the sludge and save platersmoney. The proposed rule is also broadin scope and could beneficially impactrecycling ofother hazardous secondarymaterials-such as solvents-used inthe finishing industry.

While the basic structure of the pro­posed rule appears to facilitate therecycling of wastewater treatmentsludge, the industry will need toassess the conditions for the exclusionand what is needed for the industry tomeet those conditions. In the pream-

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ble to the proposed rule,EPA also offers additionalregulatory options regard­ing the recycling of haz­ardous secondary materi­als like F006 sludge thatmust be considered alongwith the proposed regula­tory language.

The National Associationfor Surface Finishing (NASF)will be submitting com­ments on how the new pro­posed definition of solidwaste affects the surface fm­ishing industry and to whatextent it would facilitate recy­cling of secondary materialsin the industry. Commentswill be due 60 days after therule is published in theFederal Regtster.

EPA RELEASES FINALDOCUMENT FORASSESSING RISKSOF METALSThe EPA earlier this monthreleased its final Frameworkfor Metals RIsk Assessment(Metals Framework), a sci­ence-based document thatidentifies the basic princi­ples regarding the attrib­utes and behaviors of met­als and metal compoundsthat should be consideredwhen assessing humanhealth and environmentalrisks. EPA's RiskAssessment Forum oversaw the devel­opment of this document, includinginput from stakeholders, experts fromboth inside and outside ofEPA, severalexpert workshops, and peer review byEPA's Science Advisory Board.

Under its past practices, EPA tend­ed to classify metals as higher-riskbased primarily on overly conserva­tive assumptions that metals werepersistent bioaccumulative toxins.

This analysis was not appropriate formetals generally, because metals areby their nature "infinitely persist­ent," and do not pose the samepotential bioaccumulation hazardsas organic compounds. The newMetals Framework supports the argu­ment that the toxic properties ofmetals and the associated risksdepend on the metal, the form of themetal or metal compound, and the

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ability of the target organism to reg­ulate, process and/or store the metal.

EPA indicates that the new MetalsFramework is intended to be a guidefor all EPA programs and regionaloffices to supplement and updateexisting policies, practices and guid­ance that are being used to assessmetals risks for regulatory purposes.The document outlines the key met­als principles and describes how theyshould be considered in conductinghuman health and environmentalrisk assessments.

The following pnnClples are gener­al, fundamental attributes of metalsthat should be addressed and incor­porated into all EPA metals riskassessment guidance and practices:-Metals are naturally occurring con-stituents in the environment andvary in concentrations across geo­graphic regions.

-All environmental media have nat­urally occurring mixtures of met­als, and metals are often intro­duced into the environment asmixtures.

-Some metals are essential formaintaining proper health ofhumans, animals, plants, andmicroorganisms.

-Metals, as chemical elements-andunlike organic chemicals-are nei­ther created nor destroyed by bio­logical or chemical processes,although these processes cantransform metals from one speciesto another (valence states) and canconvert them between inorganicand organic forms.

-The absorption, distribution, trans­formation, and excretion of ametal within an organism dependon the metal, the form of themetal or metal compound, and theorganism's ability to regulateand/or store the metal..The new Metals Framework will now,

hopefully, allow regulators to assessdifferent metals and metal com­pounds separately. For example,some nickel compounds may be con­sidered toxic, while others are not.Similarly, hexavalent chromium

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compounds may pose risks thatchromium metal or other chromiumcompounds do not. Regulatoryefforts can now be more appropriate­ly focused on those forms of metalsor metal compounds that may posepotential hazards rather than assign­ing a risk assessment to a singlemetal or more general classes ofmetal compounds.

More information about theFramework for Metals Risk Assessmentand supporting documents is avail­able on EPA's Web site athttp://www.epa.gov/ osa/metals-

framework.

PROPOSED LEGISLATION TOADDRESS CHINA'S CURRENCYMANIPULATIONProposed legislation, titled "The FairCurrency Act of 2007," was intro­duced recently in both the U.S.House and Senate to address theissue of China's currency manipula­tion. The House bill, H.R. 782,introduced on Jan. 31, 2007, byRepresentatives Duncan Hunter (R­CA) and Tim Ryan (D-OH) is aWorld Trade Organization-compli-

April 2007 I metalfinishing 113

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washingtonwire seek relief where governments have House Ways and Means, Financial

sought to create artificial trade Services, Foreign Affairs, and Armedadvantage for foreign companies Services committees. The Bunning-

ant bill that would add currency through currency valuation manip- Stabenow bill has four co-sponsorsmanipulation to the list of unfair ulation. Such legislation could be and was referred to the Senatetrade practices actionable under U.S. one step in helping U.S. companies Finance Committee. Representativetrade law. Under this legislation, to remain competitive 10 global Sander Levin (D-MI), Chairman ofU.S. manufacturers could file cur- markets through fair, free trade. the Trade Subcommittee, Housereney complaints against China with For the past decade, the Chinese Ways and Means, has indicated thatthe U.S. International Trade government has actively manipu- the House will hold more hearingsCommission and seek sanctions on lated the valuation of its currency on this legislation, including someChinese products until the illegal against other nations' currencies joint hearings by the various com-practice of currency manipulation to maintain a competitive advan- mittees with jurisdiction. Similarends. tage in trade, industry members action is also expected in the Senate.

Senators Jim Bunning (R-KY) and say. This currency manipulation- While it is still very early in the leg-Debbie Stabenow (D-MI) intro- in conjunction with other factors- islative process, this bill is a topic ofduced a similar bill, S. 796, on is responsible for the significant particular interest for many U.S. man-March 7, 2007. Under the Senate increase in the U.S. trade deficit ufacturing groups. Nearly 70 indus-bill, "exchange-rate misalignment" with China-from $30 billion in try and trade organizations, includingwould be considered a prohibited 1994 to $162 billion in 2004. The the NASF, have already expressedexport subsidy for non-market practice of currency manipulation their support for this legislation.economies like China in counter- is generally considered illegal This issue will also be a focus forvailing duty cases and would also be under international law, but the industry'S Capitol Hill visits dur-a factor to consider in "market dis- aggrieved U.S. companies do not ing the NASF Washington Forum,ruption" cases filed under the Trade have adequate legal tools to seek which kicks offMay 1-3,2007. ForAct of 1974. necessary relief. more information on the NASF

Both bills provide injured U.S. The Hunter-Ryan bill has 49 co- Washington Forum, visit the associ-companies key enforcement tools to sponsors and was referred to the ation Web site at www.nasf.org.,...------------------

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