April 11, 2017

Website Shows State Adoption Status of DSW Rule

As you know, EPA has added three exclusions from the definition of solid waste (DSW) for hazardous secondary materials that are reclaimed. These exclusions were added to §§261.4(a)(23–24, 27) in a 2008 and 2015 rulemaking and are effective in the federal RCRA program. Although these exclusions encourage recycling, because these rules made the RCRA program less stringent, states are not required to adopt them. EPA has a new website that shows which states have adopted or become authorized for the DSW rules. Another nice feature of the site is a table with links to the appropriate state regulations where you can read the actual state regulatory language implementing the exclusions.

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This document addresses issues of a general nature related to the federal RCRA regulations. Persons evaluating specific circumstances dealing with the RCRA regulations should review state and local laws and regulations, which may be more stringent than federal requirements. In addition, the assistance of a qualified professional should be enlisted to address any site-specific circumstances.