New RCRA DSW Rule Coming to Your State

Posted on 7/28/2015 by Roseanne Bottone

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.
RCRA hazardous materials recycling

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].
States with authorized RCRA plans must adopt or incorporate these new requirements or equivalent provisions or lose their authorization. This means that hazardous waste generators who recycle hazardous wastes should, as a best practice, keep records of waste generation, management, and the legitimacy of their recycling efforts to prevent claims of speculative accumulation per 40 CFR 261.1(c)(8) and sham recycling per 40 CFR 260.43 and 261.2(g). As these new rules codify longstanding industry best practices, they are not intended to be a significant burden on the regulated community.

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

Find a Post

Compliance Archives

Lion - Quotes

Course instructor was better prepared and presented better than other trainers. Course manual and references were easier to use as well.

Marty Brownfield

Hazardous Waste Professional

Lion provided an excellent introduction to environmental regulations, making the transition to a new career as an EHS specialist less daunting of a task. Drinking from a fire hose when the flow of water is lessened, is much more enjoyable!

Stephanie Weathers

SHE Specialist

Best course instructor I've ever had. Funny, relatable, engaging; made it interesting and challenged us as the professionals we are.

Amanda Schwartz

Environmental Coordinator

The instructor did an excellent job presenting a very dry subject; keeping everyone interested and making it enjoyable.

Marc Bugg

Hazardous Waste Professional

Much better than my previous class with another company. The Lion instructor made sense, kept me awake and made me laugh!

Marti Severs

Enterprise Safety Manager

The instructor was very very informative, helpful, understandable and pleasant. This course answered many questions I had, being new to this industry.

Frances Mona

Shipping Manager

I was recently offered an opportunity to take my training through another company, but I politely declined. I only attend Lion Technology workshops.

Stephanie Gilliam

Material Production/Logistics Manager

Convenient; I can train when I want, where I want.

Barry Cook

Hazmat Shipping Professional

The instructor made the class enjoyable. He presented in a very knowledgeable, personable manner. Best class I've ever attended. Will take one again.

John Nekoloff

Environmental Compliance Manager

Lion was very responsive to my initial questions and the website was user friendly.

Michael Britt

Supply Chain Director

Download Our Latest Whitepaper

Four key considerations to help you maximize the convenience and quality of your experience with online training.

Latest Whitepaper

By submitting your phone number, you agree to receive recurring marketing and training text messages. Consent to receive text messages is not required for any purchases. Text STOP at any time to cancel. Message and data rates may apply. View our Terms & Conditions and Privacy Policy.