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Hazardous Waste

Where is the 2018 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 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.

Note that one state (Idaho) is currently authorized for a 2008 version of the DSW rule that includes exclusions similar to the exclusions currently found at 40 CFR sections 261.4(a)(23) and (24). Because these 2008 DSW exclusions are less stringent than their 2018 counterparts, Idaho will need to revise its program to meet the 2018 standards. Until they complete this process, the 2008 rule will remain in effect in that state.

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 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.

Map of States that havee adopted the 2015 DSW Rule

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Table with State Adoption and Authorization Status for the 2015 Definition of Solid Waste Rule

State or Territory Link to State Regulations Adopted the Rule Authorized for the Rule
Federal Tribes Uses Federal Regulations Administered by appropriate EPA Region Administered by appropriate EPA Region
Alabama Alabama Regulations (PDF) (1141 pp, 3.8 MB, About PDF)Exit Yes (2015 DSW Rule) No
Alaska Uses Federal Regulations Administered by EPA Region 10 Administered by EPA Region 10
America Samoa Uses Federal Regulations Administered by EPA Region 9 Administered by EPA Region 9
Arizona   No No
Arkansas   No No
California   No No
Colorado Colorado RegulationsExit Yes (2015 DSW Rule, More Stringent Parts Only; Not the New Exclusions) No
Connecticut   No No
Delaware   No No
District of Columbia   No No
Florida Florida RegulationsExit Yes (2015 DSW Rule) No
Georgia Georgia RegulationsExit Yes (2015 DSW Rule) No
Guam   No No
Hawaii   No No
Idaho Idaho Regulations (PDF) (12 pp, 458 K, About PDF)Exit Yes (2008 DSW Rule) Yes (2008 DSW Rule)
Illinois Illinois Regulations Exit Yes (2015 DSW Rule) No
Indiana Indiana Regulations Exit Yes (2015 DSW Rule) No
Iowa Uses Federal Regulations Administered by EPA Region 7 Administered by EPA Region 7
Kansas   No No
Kentucky   No No
Louisiana Louisiana RegulationsExit Yes (2015 DSW Rule) No
Maine   No No
Maryland   No No
Massachusetts   No No
Michigan Michigan RegulationsExit Yes (2015 DSW Rule) No
Minnesota   No No
Mississippi   No No
Missouri   No No
Montana   No No
Nebraska Nebraska RegulationsExit Yes (2015 DSW Rule) No
Nevada   No No
New Hampshire   No No
New Jersey New Jersey RegulationsExit Yes (2015 DSW Rule) No
New Mexico   No No
New York   No No
North Carolina North Carolina RegulationsExit Yes (2015 DSW Rule) No
North Dakota North Dakota RegulationsExit Yes (2015 DSW Rule) No
North Mariana Islands Uses Federal Regulations Administered by EPA Region 9 Administered by EPA Region 9
Ohio   No No
Oklahoma Oklahoma Regulations (PDF) (33 pp, 244 K, About PDF)Exit Yes (2015 DSW Rule) No
Oregon   No No
Pennsylvania Pennsylvania RegulationsExit Yes (2015 DSW Rule) No
Puerto Rico Uses Federal Regulations and Puerto Rico Regulations No No
Rhode Island   No No
South Carolina South Carolina RegulationsExit Yes (2015 DSW Rule, More Stringent Parts Only; Not the New Exclusions) No
South Dakota   No No
Tennessee   No No
Texas Texas RegulationsExit Yes (2015 DSW Rule) No
U.S. Virgin Islands Uses Federal Regulations Administered by EPA Region 2 Administered by EPA Region 2
Utah Utah RegulationsExit Yes (2015 DSW Rule) No
Vermont   No No
Virginia Virginia RegulationsExit Yes (2015 DSW Rule) No
Washington   No No
West Virginia   No No
Wisconsin   No No
Wyoming   No No

Notes About Table:

  • Adoptions and authorization status listed above are as of June 30, 2017.
  • 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

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AlabamaAlaskaArizonaArkansasCaliforniaColoradoConnecticutDelawareWashington, DCFloridaGeorgiaHawaiiIdahoIllinoisIndianaIowaKansasKentuckyLouisianaMaineMarylandMassachusettsMichiganMinnesotaMississippiMissouriMontanaNebraskaNevadaNew HampshireNew JerseyNew MexicoNew YorkNorth CarolinaNorth DakotaOhioOklahomaOregonPennsylvaniaRhode IslandSouth CarolinaSouth DakotaTennesseeTexasUtahVermontVirginiaWashingtonWest VirginiaWisconsinWyomingPuerto RicoVirgin IslandsAmerican SamoaNorthern Mariana IslandsGuam