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…)