What is the status of the 2015 Definition of Solid Waste Rule in my state?
- The 2015 DSW went into effect immediately (07.13.150 in states, territories, and tribes that are not RCRA-authorized:
- Puerto Rico
- Virgin Islands
- America Samoa
- Northern Mariana Islands
- Some parts of the rule, including the new definition of legitimate recycling found at 40 CFR 260.43, are mandatory and will eventually be adopted by all the states.
- The three new or revised solid waste exclusions that have been added to 40 CFR 261.4(a), namely the generator-controlled exclusion (40 CFR 261.4(a)(23)), the verified recycler exclusion (40 CFR 261.4(a)(24)) and the remanufacturing exclusion (40 CFR 261.4(a)(27)) are optional and may not be adopted by the states because those provisions are less stringent than the previous regulations under The Resource Conservation and Recovery Act (RCRA).
- Idaho is currently authorized for a 2008 version of the DSW rule that includes exclusions similar to the 2015 exclusions found at 40 CFR 261.4(a)(23) and (24). Because these 2008 DSW exclusions are less stringent than their 2015 counterparts, Idaho will need to revise its program to meet the 2015 standards. The 2008 DSW rule will remain in effect until the process is completed.
Contact me with any questions you may have about the generation, identification, management, and disposal of hazardous waste
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