Where is the 2018 Definition of Solid Waste Rule in Effect?
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 adopted only the mandatory parts of the 2015 DSW rule
- have not adopted or been authorized by EPA to implement the 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.
| HAWAII | 1 |
|---|---|
| NEW HAMPSHIRE | 5 |
| NORTH DAKOTA | 2 |
| NEBRASKA | 3 |
| IOWA | 6 |
| VERMONT | 5 |
| IDAHO | 1 |
| MAINE | 5 |
| WISCONSIN | 1 |
| COLORADO | 4 |
| MINNESOTA | 2 |
| UTAH | 1 |
| TENNESSEE | 2 |
| INDIANA | 2 |
| KANSAS | 5 |
| ALABAMA | 1 |
| MASSACHUSETTS | 5 |
| MISSOURI | 1 |
| SOUTH DAKOTA | 1 |
| ARKANSAS | 2 |
| FLORIDA | 2 |
| VIRGINIA | 2 |
| TEXAS | 2 |
| MARYLAND | 5 |
| MONTANA | 5 |
| OKLAHOMA | 2 |
| OREGON | 5 |
| SOUTH CAROLINA | 1 |
| WYOMING | 5 |
| CALIFORNIA | 5 |
| GEORGIA | 2 |
| KENTUCKY | 1 |
| RHODE ISLAND | 5 |
| ARIZONA | 5 |
| NORTH CAROLINA | 1 |
| WASHINGTON | 4 |
| CONNECTICUT | 5 |
| DELAWARE | 5 |
| LOUISIANA | 2 |
| MISSISSIPPI | 5 |
| NEW YORK | 5 |
| MICHIGAN | 1 |
| OHIO | 5 |
| PENNSYLVANIA | 1 |
| ILLINOIS | 2 |
| NEVADA | 5 |
| NEW JERSEY | 1 |
| WEST VIRGINIA | 1 |
| DISTRICT OF COLUMBIA | 5 |
| NEW MEXICO | 2 |
| ALASKA | 6 |
Table with State Adoption and Authorization Status for the Definition of Solid Waste Rules
Note: The state links below all Exit EPA.
| 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) | Yes (2018 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 | Arkansas Regulations (856 pp, 10.4 MB, About PDF) | Yes (2015 DSW Rule) | No |
| California | No | No | |
| Colorado | Colorado Regulations | 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 Regulations | Yes (2015 DSW Rule) | No |
| Georgia | Georgia Regulations | Yes (2015 DSW Rule) | No |
| Guam | No | No | |
| Hawaii | Hawaii Regulations | Yes (2018 DSW Rule) | No |
| Idaho | Idaho Regulations (PDF) (17 pp, 374 K, About PDF)Exi | Yes (2018 DSW Rule) | No |
| 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 | Kentucky Regulations | Yes (2018 DSW Rule) | No |
| Louisiana | Louisiana Regulations | Yes (2015 DSW Rule) | No |
| Maine | No | No | |
| Maryland | No | No | |
| Massachusetts | No | No | |
| Michigan | Michigan Regulations | Yes (2018 DSW Rule) | No |
| Minnesota | No | No | |
| Mississippi | No | No | |
| Missouri | Missouri Regulations (PDF) (3 pp, 53.2 K, About PDF) | Yes (2018 DSW Rule) | No |
| Montana | No | No | |
| Nebraska | Nebraska Regulations | Yes (2015 DSW Rule) | No |
| Nevada | No | No | |
| New Hampshire | No | No | |
| New Jersey | New Jersey Regulations | Yes (2018 DSW Rule) | No |
| New Mexico | New Mexico Regulations | Yes (2015 DSW Rule) | No |
| New York | No | No | |
| North Carolina | North Carolina Regulations | Yes (2018 DSW Rule) | No |
| North Dakota | North Dakota Regulations | 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) | Yes (2015 DSW Rule) | No |
| Oregon | No | No | |
| Pennsylvania | Pennsylvania Regulations | Yes (2018 DSW Rule) | No |
| Puerto Rico | Uses Federal Regulations and Puerto Rico Regulations | Administered by EPA Region 2 | |
| Rhode Island | No | No | |
| South Carolina | South Carolina Regulations | Yes (2018 DSW Rule) | No |
| South Dakota | South Dakota Regulations | Yes (2018 DSW Rule) | No |
| Tennessee | Tennessee Regulations | Yes (2015 DSW Rule) | No |
| Texas | Texas Regulations | Yes (2015 DSW Rule) | No |
| U.S. Virgin Islands | Uses Federal Regulations | Administered by EPA Region 2 | Administered by EPA Region 2 |
| Utah | Utah Regulations | Yes (2018 DSW Rule) | No |
| Vermont | No | No | |
| Virginia | Virginia Regulations | Yes (2015 DSW Rule) | No |
| Washington | Washington Regulations | Yes (mandatory portions of the 2015 DSW Rule) | No |
| West Virginia | West Virginia Regulations(23 pp, 1540 K, About PDF) | Yes (2018 DSW Rule) | No |
| Wisconsin | Wisconsin Regulations | Yes (2018 DSW Rule) | No |
| Wyoming | No | No | |
Notes About Table:
- Adoptions and authorization status listed above are as of September 18, 2020.
- 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
- If you would like to suggest updates to the page, please send your comments to Brian Knieser at knieser.brian@epa.gov.