2015 DSW

FAQ: Where is the 2015 Definition of Solid Waste Rule (2015 DSW) in Effect?

FAQ: Where is the 2015 Definition of Solid Waste Rule (2015 DSW) in Effect?

Question:

What is the status of the 2015 Definition of Solid Waste Rule in my state?

Answer:

  • The 2015 DSW went into effect immediately (07.13.150 in states, territories, and tribes that are not RCRA-authorized:
    • Iowa
    • Alaska
    • 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

Daniels Training Services, Inc.

815.821.1550

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https://www.danielstraining.com/

More Information:

Revisions to Non-Waste Determinations and Variances From Classification as a Solid Waste by the 2015 DSW

This is another article in a series regarding the 2015 Definition of Solid Waste Rule (2015 DSW) and its affect on the regulations of the USEPA, and state agenices.  The primary goal of the 2015 DSW was to improve the regulations pertaining to the recycling of hazardous secondary materials.  It did this through the creation of new conditional exclusions, e.g. 40 CFR 261.4(a)(27) The Remanufacturing Exclusion for Spent Solvents, and the revision of existing conditional exclusions, e.g. 40 CFR 261.4(a)(23) The Generator Controlled Exclusion and 40 CFR 261.4(a)(24) The Verified Recycler Exclusion.  It also revised and strengthened other regulatory requirements of these conditional exclusions (see the entire series of articles).  Perhaps after reviewing the available recycling exclusions – not just those identified above, there are many more that were not affected by the 2015 DSW – you have not found one that applies to your recycling operations.  If so, you have two options:

  • Forget about getting a break from the RCRA regulations and manage your hazardous secondary material as a hazardous waste even as you continue to dispose of it by recycling.
  • Apply for and obtain a solid waste variance or a non-waste determination.
Hazardous secondary material means a secondary material (e.g., spent material, by-product, or sludge) that, when discarded, would be identified as hazardous waste under part 261 of this chapter.  (40 CFR 260.10)

The purpose of this article is to explain the revisions made by the 2015 DSW to the procedures for obtaining – and maintaining – a non-waste determination or solid waste variance.

FIRST OFF, WHAT IS A NON-WASTE DETERMINATION OR SOLID WASTE VARIANCE?

They exist to provide the generators and recyclers of hazardous secondary materials with a final option to receive a break from full regulation when no other recycling exclusion that applies to them exists in the regulations.  They can be found in Title 40 of the Code of Federal Regulations of the USEPA as follows:

  •  §260.30 Non-waste determinations and variances from classification as a solid waste.
  • §260.31 Standards and criteria for variances from classification as a solid waste.
  • §260.32 Variances to be classified as a boiler.  Not addressed in this article.
  • §260.33 Procedures for variances from classification as a solid waste, for variances to be classified as a boiler, or for non-waste determinations.
  • §260.34 Standards and criteria for non-waste determinations.
THE 2015 DSW REVISED THE EXISTING SOLID WASTE VARIANCE AND NON-WASTE DETERMINATION REGULATIONS AS FOLLOWS:

§260.31(c):

For a hazardous secondary material that is partially reclaimed but must be reclaimed further before recovery is completed the 2015 DSW…

  • Revised the criteria for the application of the variance.
  • Added a requirement that the recycling meet the legitimacy criteria  of §260.43.
  • Requires that all the criteria (§260.31(c)(1-5)) of the variance be met.

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§260.33(c):

If there is a change in circumstances after a solid waste variance or non-waste determination has been issued and this change affects how a hazardous secondary material meets the relevant criteria of a solid waste variance or a non-waste determination in §260.31 (for solid waste variance) or §260.34 (for non-waste determination) the applicant must now send a description of the change to the Administrator.  The Administrator may do one of the following:

Administrator may be either the USEPA or the environmental regulatory agency of your state depending on the status of the 2015 DSW in your state.
  • Issue a determination that the hazardous secondary material continues to meet the relevant criteria of the solid waste variance or non-waste determination.
  • Require the facility to re-apply for the solid waste variance or non-waste determination.
Note:  "description of the change...) is not the same as the notification required by §260.42.

§260.33(d):

Solid waste variances and non-waste determinations are now effective for a fixed term of ten (10) years.  Applicants must re-apply for a solid waste variance or non-waste determination at least six (6) months before the ten year term expires.

§260.33(e):

Facilities that receive a solid waste variance or non-waste determination now must provide a notification by March 1st of every even-numbered year as required by §260.42.

§260.34(b)(4) and §260.34(c)(5):

Facilities requesting a non-waste determination for a hazardous secondary material which is reclaimed in a continuous industrial process per §260.34(b) or a hazardous secondary material which is indistinguishable in all relevant aspects from a product or intermediate per §260.34(c) must now demonstrate why the hazardous secondary material cannot meet, or should not have to meet, any of the recycling exclusions found in §261.2 or §261.4.

This demonstration of no other options available is not required for facilities requesting a solid waste variance.

If your hazardous secondary material or the recycling method you utilize is not addressed by the existing recycling exclusions perhaps a solid waste variance or non-waste determination may be the way to receive some relief from the full weight of the RCRA regulations.  Be sure to check with your state to ensure they have implemented the 2015 DSW and if so, that they have adopted these revised solid waste variances and non-waste determinations.

Contact me with any questions you may have about the generation, identification, management, and disposal of hazardous waste

Daniels Training Services

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/

USEPA and your state also mandates the annual training of hazardous waste personnel of a large quantity generator.  Contact me for this training at your site or via webinar.

40 CFR 261.4(a)(23) The Generator-Controlled Exclusion

The 2015 Definition of Solid Waste Final Rule retained this conditional exclusion first created by the 2008 Definition of Solid Waste Rule.  However, not satisfied with the level of environmental protection it provided EPA strengthened its provisions.  In this presentation I briefly summarize the importance of conditional exclusions in general, explain the requirements of 40 CFR 261.4(a)(23), provide additional information that makes easy understanding of this regulation possible, and then close by providing you with the text of the regulation in its entirety.  Throughout the presentation are links to more documents to provide more detail and explanation. (more…)

A Question About Speculative Accumulation Under the 2015 Definition of Solid Waste Rule

A question I received August 9, 2015 (A Sunday!) from a reader of my monthly newsletter:

Hello – I enjoyed reading your article on the new RCRA DSW rule.  In your opinion, would the new labeling requirement in 40 CFR 261.1(c)(8) be applicable to areas accumulating –
1) Recyclable materials with precious metals to be reclaimed managed 261.6 & 266?
or
2) scrap metal that is not excluded under 261.4(a) but managed 261.6?

I appreciate any thoughts you may have.

Thank You

My reply on the following Monday (I don’t work Sundays):

That is a good question.  Give me a day or two to research a response and I will get back to you.

 Thank you for contacting me.
Dan

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And my reply just two days later (August 12, 2015):
Thank for the compliment and your confidence in my ability.  I believe I have an answer for you.
The 2015 DSW revised the description of the Speculative Accumulation Provision at 40 CFR 261.1(c)(8) to include a requirement to label the storage area where a material is being accumulated prior to recycling.  This, and other new requirements, apply to all persons subject to the Speculative Accumulation provision.
Therefore, it is necessary to determine if the two exclusions you refer to (Scrap Metal & Precious Metals Reclamation) require compliance with the Speculative Accumulation Provision.  Answer:
I hope this helps.
Please don’t hesitate to contact me with any other questions.
Dan
Another happy customer!:
Great- thank you for the quick response.

Contact me with any questions you may have about the generation, identification, management, and disposal of hazardous waste

Daniels Training Services

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/

The New Notification Requirement if Recycling Hazardous Secondary Materials Under the EPA Regulations of the 2015 Definition of Solid Waste Final Rule

The 2015 Definition of Solid Waste Final Rule, which became effective at the Federal level on July 13, 2015, both added new and revised existing exclusions from regulation as a solid waste for hazardous secondary materials that are recycled by reclamation.  A generator of the hazardous secondary material taking advantage of the exclusions – and you should if you can – will be required to submit a notification to the EPA or their state.  The purpose of this article is to identify and explain the requirement to submit a notification per 40 CFR 260.42 for recycling by reclamation of a hazardous secondary material under the regulations codified under the 2015 Definition of Solid Waste final rule. (more…)

Amendment to the Speculative Accumulation Provision Under the New Definition of Solid Waste Rule (2015 DSW)

Amendment to the Speculative Accumulation Provision Under the New Definition of Solid Waste Rule (2015 DSW)

In a Final Rule published January 13, 2015 in the Federal Register, USEPA amended the definition of solid waste it had enacted in 2008 (2008 DSW).  The Federal regulations of the 2015 DSW become effective July 13, 2015.  States with an authorized hazardous waste program are required to adopt the Federal Rule or create their own more strict regulations; how and when they do this is up to each state.

The purpose of this article is to explain the changes made to the speculative accumulation provision by the 2015 DSW. (more…)

State Authorization and the 2015 Definition of Solid Waste Regulations

Under the Resource Conservation and Recovery Act (RCRA), USEPA will allow a state to operate its own hazardous waste program as long as it is at least as stringent and as broad as the Federal regulations.  A state with a hazardous waste program that meets these requirements is known as “Authorized”.  This means that states with an authorized hazardous waste program may not immediately – or at all – adopt regulations created by the USEPA unless new Federal regulations are more stringent and/or broad than those existing.  In the case of more strict Federal regulations, states must adopt them, but may do so on their own schedule.  Not surprisingly, this flexibility can create a patchwork of differing Federal and state RCRA regulations spreading across the U.S. like a quilt.

The purpose of this article is to explain how state authorization will impact implementation of the Federal regulations created by the 2015 Definition of Solid Waste Rule (2015 DSW). (more…)

The New Definition of “Contained” From the 2015 Definition of Solid Waste Final Rule

The New Definition of “Contained” From the 2015 Definition of Solid Waste Final Rule

In the January 13, 2015 Federal Register the USEPA announced its Final Rule for the Definition of Solid Waste (2015 DSW) which revised – and is supposed to correct deficiencies in – the 2008 Definition of Solid Waste Final Rule (2008 DSW).  Though announced, the 2015 DSW does not become effective until July 13, 2015 and then only at the Federal level and in states without an authorized hazardous waste program.

A full summary of the 2015 DSW can be found at the USEPA Website for its DSW Rulemakings.  The purpose of this article is to explain one small – but important – part of the 2015 DSW:  The codified definition of “contained”. (more…)

A Brief Summary of the 2015 Definition of Solid Waste Rule

What is the 2015 Definition of Solid Waste Rule?

The 2015 Definition of Solid Waste Rule (2015 DSW) is a revision to the 2008 Definition of Solid Waste Rule.  Its purpose is to improve the 2008 DSW Rule by encouraging recycling and increasing environmental safeguards.

What does the 2015 DSW do?

The 2015 DSW maintains and improves two solid waste recycling exclusions from the 2008 DSW:

The 2015 DSW also:

What are the important dates related to the 2015 DSW?

  • Signed:  December 10, 2014.
  • Published in Federal Register:  January 13, 2015.
  • Effective at the Federal level and in states lacking an authorized hazardous waste program (Iowa and Alaska.  Also:  Puerto Rico, Virgin Islands, American Samoa, Marianna Islands, and some tribal lands):  July 13, 2015.
  • Effective in states with an authorized hazardous waste program when the state decides to modify its current program it adopted from the 2008 DSW or adopt the new 2015 DSW.

In general, the requirements of the 2015 DSW will not be effective in an authorized state until it chooses to adopt them.  States are required to adopt the provisions of the 2015 DSW that are more strict than current regulations, these include:

  • The prohibition of sham recycling.
  • The definition of the legitimacy criteria.
  • The addition of accumulation date tracking for speculative accumulation.
  • Changes to the solid waste variance and non-waste determination.

Read:  State Authorization Under RCRA and the 2015 Definition of Solid Waste Rule

This has been great, but where can I go for more information?

DSW Team Members:

  • Tracy Atagi / atagi.tracy@epa.gov / 703.308.8672
  • Amanda Kohler / kohler.amanda@epa.gov / 703.347.8975
  • Kathy Lett / lett.kathy@epa.gov / 703.605.0761
  • Mary Beth Sheridan / sheridan.marybeth@epa.gov / 703.308.4941

And…

EPA Website: Final Rule 2015 Definition of Solid Waste

Daniels Training Services

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/

The USEPA anticipates that over 5,000 industrial facilities in 634 industries throughout the U.S. have the potential to be affected by the 2015 DSW Final Rule.  Are you one of them?  Contact me if you have any questions about any provision of the 2015 DSW or the management of hazardous waste.