New RCRA DSW Rule Coming to Your State
Earlier this year, EPA issued a Final Rule that redefined "solid waste" to exclude many hazardous secondary materials—when recycled in certain ways—from the Resource Conservation and Recovery Act (RCRA) hazardous waste management standards. The January 2015 Definition of Solid Waste (DSW) rulemaking also changed other related portions of the RCRA regulations to clarify longstanding EPA policies for hazardous waste recycling.
The 2015 DSW rule is largely a continuation of regulatory changes made in 2008 and makes major changes that provide exclusions from the Federal RCRA hazardous waste rules. In states authorized to oversee their own RCRA program, the new DSW Rule is not in effect until adopted by the State RCRA authority. Some states may never adopt the new RCRA regulations or may adopt them with heavy restrictions.
That said, because the overall provisions of this rule are more stringent than the 2008 rule, states that adopted the 2008 rule must modify their programs to abide by the new 2015 rule or lose authorization.
Mandatory Provisions of 2015 Definition of Solid Waste Rule
In addition to the alternative management standards for hazardous secondary materials being reclaimed, the January 2015 DSW rule increases the stringency of various longstanding exclusions from RCRA for certain recycling activites. These elements of the rulemaking that increase stringency must be adopted by all states with authorized State RCRA plans, if the state wants to continue to be authorized by the US EPA to run its own plan. Read more about issues of State implementation of this new RCRA rule.
Specific mandatory elements of the 2015 DSW rule that are more stringent than existing EPA RCRA rules include:
How RCRA Recycling Can Save You Money
Minimize waste and reduce disposal fees by learning the latest RCRA rules and strategies for recycling your site's hazardous and solid waste. The self-paced, Hazardous Waste Recycling Reliefs online course has been updated to reflect the 2015 Definition of Solid Waste changes.
The 2015 DSW rule is largely a continuation of regulatory changes made in 2008 and makes major changes that provide exclusions from the Federal RCRA hazardous waste rules. In states authorized to oversee their own RCRA program, the new DSW Rule is not in effect until adopted by the State RCRA authority. Some states may never adopt the new RCRA regulations or may adopt them with heavy restrictions.
That said, because the overall provisions of this rule are more stringent than the 2008 rule, states that adopted the 2008 rule must modify their programs to abide by the new 2015 rule or lose authorization.
Mandatory Provisions of 2015 Definition of Solid Waste Rule
In addition to the alternative management standards for hazardous secondary materials being reclaimed, the January 2015 DSW rule increases the stringency of various longstanding exclusions from RCRA for certain recycling activites. These elements of the rulemaking that increase stringency must be adopted by all states with authorized State RCRA plans, if the state wants to continue to be authorized by the US EPA to run its own plan. Read more about issues of State implementation of this new RCRA rule.
Specific mandatory elements of the 2015 DSW rule that are more stringent than existing EPA RCRA rules include:
- Revisions to the definition of legitimacy and the prohibition of sham recycling that codify EPA policy [40 CFR 260.43, 261.2(g)];
- Additional labeling and recordkeeping requirements in the speculative accumulation provision [40 CFR 261.1(c)(8)]; and
- Changes to the standards and criteria for variances from classification as a solid waste [40 CFR 260.31(c), 260.33, and 260.34].
How RCRA Recycling Can Save You Money
Minimize waste and reduce disposal fees by learning the latest RCRA rules and strategies for recycling your site's hazardous and solid waste. The self-paced, Hazardous Waste Recycling Reliefs online course has been updated to reflect the 2015 Definition of Solid Waste changes.
Tags: hazardous waste, new rules, RCRA, recycling
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