Where is the 2015 Definition of Solid Waste Rule in Effect?
EPA encourages states to develop and run their own hazardous waste programs as an alternative to direct EPA management. 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.
State adoption of the 2015 DSW final rule is strongly encouraged, 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.
However, 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 because those provisions are less stringent than the previous regulations under The Resource Conservation and Recovery Act (RCRA).
Note that 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.
On this page:
- Map of State Adoption and Authorization Status for the 2015 Definition of Solid Waste Rule
- Table with State Adoption and Authorization Status for the 2015 Definition of Solid Waste Rule
To help companies follow the regulations in their state, both a map and an alphabetical list of states and U.S. territories are given below. The map shows which states:
- have adopted the entire 2015 DSW rule,
- have been authorized for the entire DSW rule
- have adopted only the mandatory parts of the 2015 DSW rule
- have been authorized for only the mandatory parts of the 2015 DSW rule
- have been authorized for the 2008 DSW rule
- have not been authorized or adopted the rule, and
- in which states the EPA administers the rule.
The chart below the map lists the state or U.S. territory, a link to the state's regulations if applicable, and whether the state has adopted or been authorized for the rule.
Uses Federal Regulations Exit
|State or Territory||Link to State Regulations||Adopted the Rule||Authorized for the Rule|
|Federal Tribes||Uses Federal Regulations Exit||Administered by appropriate EPA Region||Administered by appropriate EPA Region|
|Alabama||Alabama Regulations Exit||Yes||No|
|Alaska||Uses Federal Regulations Exit||Administered by EPA Region 10||Administered by EPA Region 10|
|America Samoa||Uses Federal Regulations Exit||Administered By EPA Region 9||Administered by EPA Region 9|
|Colorado||Colorado RegulationsExit||Yes (More Stringent Parts Only; Not the New Exclusions)||No|
|District of Columbia||No||No|
|Idaho||Idaho Regulations Exit12 pp, 113 K, About PDF)||Yes (2008 DSW Rule)||Yes (2008 DSW Rule)|
|Illinois||Illinois Regulations Exit||Yes||No|
|Indiana||Indiana Regulations Exit||Yes||No|
|Iowa||Uses Federal Regulations Exit||Administered by EPA Region 7||Administered by EPA Region 7|
|Nebraska||Nebraska Regulations Exit||Yes||Yes|
|New Jersey||New Jersey Regulations Exit(161 pp, 684 K, About PDF)||Yes||No|
|North Carolina||North Carolina Regulations Exit||Yes||No|
|North Dakota||North Dakota Regulations Exit||Yes||No|
|North Mariana Islands||Uses Federal Regulations Exit||Administered by EPA Region 9|
|Oklahoma||Oklahoma Regulations (PDF)Exit||Yes||No|
|Puerto Rico||Uses Federal Regulations and Puerto Rico Regulations||No||No|
|South Carolina||South Carolina RegulationsExit||Yes (more stringent parts only; not the new exclusions)||No|
|Texas||Texas Regulations (PDF)Exit||Yes||No|
|U.S. Virgin Islands||Uses Federal Regulations||Administered by EPA Region 2|
|Virginia||Virginia Regulations Exit||Yes||No|
Notes About Table:
- Adoptions and authorization status listed above are as of October 26, 2016.
- The above links may not be the most current.
- You may need to search within the state website.
Links to all state programs can be found on the State Regulatory Programs page