EPA Issues Guidance for RCRA Notifications Under 2015 DSW Rule

US EPA this week published guidance to help hazardous waste generators meet their RCRA notification requirements under the 2015 Definition of Solid Waste Rule, in effect as of July 13, 2015.

The 2015 Definition of Solid Waste Rule revised the exclusions from RCRA for recycled/recyclable hazardous secondary materials that were added to the hazardous waste regulations in 2008. The rule also adds requirements that generators and third-party recyclers must follow in order to qualify for regulatory relief.

Reason for the RCRA Interim Guidance

Because the revised exclusions for recycled secondary materials may require new information to be included on the RCRA Site Identification form (EPA Form 8700-12)—and because a revised form is not yet available—some generators must fit the new information on a form not designed to accommodate it.


The following generators should refer to the guidance document for help meeting RCRA notification requirements:

• Facilities using the DSW Rule exclusions under 40 CFR 261.4(a)(23), (24), or (27);
• Facilities that have obtained a variance or non-waste determination under 40 CFR 260.30; and
• Facilities recycling hazardous secondary materials under any RCRA Subtitle C recycling provision.

The guidance will be most useful to states without an authorized RCRA Subtitle C hazardous waste management program, namely Alaska, Iowa, most tribal lands, Puerto Rico, the US Virgin Islands and some other territories.

In states with authorized RCRA Subtitle C programs, generators await State adoption of the new Federal Definition of Solid Waste. Generators in these states should view the interim guidance as well, in case their state adopts the new Federal DSW exclusions before the new forms become available.

The full guidance document is available here.

Recycling Reliefs Under 2015 Definition of Solid Waste Rule

Get up to speed with the revised exclusions for recycling secondary materials and gain strategies for minimizing waste, reducing disposal fees, and streamlining waste management at your site. The Hazardous Waste Recycling Reliefs Webinar will be presented live by an expert Lion RCRA instructor on September 17, 2015, from 1–3 p.m. ET. Sign up now to be confident you’re capitalizing on the recycling exclusions that can save your facility time and money.

Tags: hazardous, new rules, RCRA, recycling, waste