The 2018 Definition of Solid Waste (DSW) rule went into effect immediately in states, territories, and Tribes that are not Resource Conservation and Recovery Act (RCRA)-authorized, including Iowa and Alaska.

State adoption of the 2018 DSW final rule is strongly encouraged, and some parts of the rule, including the definition of legitimate recycling found at title 40 of the Code of Federal Regulations (CFR) in section 260.43, are mandatory and will eventually be adopted by all the states.

However, the three solid waste exclusions that were added to 40 CFR section 261.4(a), namely the generator-controlled exclusion (40 CFR section 261.4(a)(23)), the revised transfer-based exclusion (40 CFR sections 261.4(a)(24) and (25))and the remanufacturing exclusion (40 CFR section 261.4(a)(27)) are optional because those provisions are less stringent than the previous regulations under RCRA.

In addition, and noted in the map below, several states have adopted a 2015 version of the DSW rule that includes the exclusion currently found at 40 CFR sections 261.4(a)(24) and (25). Because these 2015 DSW exclusions are more stringent than their 2018 counterparts, these states do not need to revise their programs, although EPA encourages them to do so.

On this page:

• Map of State Adoption and Authorization Status for the 2018 Definition of Solid Waste Rule
• Table with State Adoption and Authorization Status for the 2018 Definition of Solid Waste Rule

Map of State Adoption and Authorization Status for the Definition of Solid Waste Rules

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 displaying which states have adopted the 2018 DSW Rule and the 2015 DSW rules, and which states are authorized by EPA to implement them. New rules go into effect in a state when a state adopts them into state law. When EPA authorizes a state for a new rule, EPA reviews the new state regulations subsequent to adoption to ensure they are equally as stringent as, or more stringent than the federal regulations. EPA authorizes states through a final rule and can then enforce authorized state rules. See the State Authorization page for further information about the State Authorization program.

The map shows which states:

• have adopted the entire 2018 DSW rule,
• have adopted the entire 2015 DSW rule,
• have been authorized by EPA for the entire 2015 DSW rule,
• have been authorized by EPA for the entire 2018 DSW rule,
• have adopted only the mandatory parts of the 2015 DSW rule,
• have not adopted or been authorized by EPA to implement the rule,
• have been authorized for only the mandatory portions of the DSW rule, and
• are states where EPA implements 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 to implement the rule.

Table with State Adoption and Authorization Status for the Definition of Solid Waste Rules

Notes About Table:

• 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 webpage.
• If you would like to suggest updates to the page, please send your comments to Kaitlin Franssen at franssen.kaitlin@epa.gov.