The 2015 Definition of Solid Waste (DSW) rule went into effect immediately in states, territories, and tribes that are not RCRA-authorized, including Iowa and Alaska. States have been encouraged to adopt the 2015 DSW final rule, and 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):

  • 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))

The exclusions are optional because those provisions are less stringent than the previous regulations under the Resource Conservation and Recovery Act (RCRA).

One state (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. Until they complete this process, the 2008 rule will remain in effect in that state.

Click here for examples of Caltha’s waste management projects.

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