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 been partially authorized by EPA (Not All Mandatory Parts) for the 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.
| HAWAII | 5 |
|---|---|
| NEW HAMPSHIRE | 7 |
| NORTH DAKOTA | 5 |
| NEBRASKA | 3 |
| IOWA | 8 |
| VERMONT | 7 |
| IDAHO | 5 |
| MAINE | 7 |
| WISCONSIN | 1 |
| COLORADO | 6 |
| MINNESOTA | 7 |
| UTAH | 1 |
| TENNESSEE | 5 |
| INDIANA | 1 |
| KANSAS | 7 |
| ALABAMA | 1 |
| MASSACHUSETTS | 7 |
| MISSOURI | 1 |
| SOUTH DAKOTA | 1 |
| ARKANSAS | 1 |
| FLORIDA | 5 |
| VIRGINIA | 2 |
| TEXAS | 5 |
| MARYLAND | 6 |
| MONTANA | 7 |
| OKLAHOMA | 1 |
| OREGON | 6 |
| SOUTH CAROLINA | 5 |
| WYOMING | 7 |
| CALIFORNIA | 7 |
| GEORGIA | 3 |
| KENTUCKY | 5 |
| RHODE ISLAND | 7 |
| ARIZONA | 1 |
| NORTH CAROLINA | 5 |
| WASHINGTON | 6 |
| CONNECTICUT | 7 |
| DELAWARE | 9 |
| LOUISIANA | 3 |
| MISSISSIPPI | 1 |
| NEW YORK | 7 |
| MICHIGAN | 5 |
| OHIO | 1 |
| PENNSYLVANIA | 1 |
| ILLINOIS | 1 |
| NEVADA | 9 |
| NEW JERSEY | 1 |
| WEST VIRGINIA | 1 |
| DISTRICT OF COLUMBIA | 1 |
| NEW MEXICO | 1 |
| ALASKA | 8 |
Last updated on July 31, 2024
Table with State Adoption and Authorization Status for the Definition of Solid Waste Rules
| 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 | Regulations (pdf)(3.858 MB) | 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 | Regulations (pdf)(1.45 MB) | Yes (2018 DSW Rule) | No |
| Arkansas | Regulations (pdf)(10.4 MB) | Yes (2018 DSW Rule) | No |
| California | No | No | |
| Colorado | Regulations |
Yes (Adopted Only Mandatory Portions of the DSW Rule; Not the New Exclusions) |
No |
| Connecticut | No | No | |
| Delaware | Regulations: Title 7 : 1000 : 1300 : 1302 | Yes (Adopted Only Mandatory Portions of the DSW Rule; Not the New Exclusions) | Yes |
| District of Columbia | Regulations: Chapter 20-42 | Yes (2018 DSW Rule) | No |
| Florida | Regulations: 62-730 | Yes (2018 DSW Rule) | Yes |
| Georgia | Regulations: 391-3-11-.01 and -.02 | Yes (2015 DSW Rule) | Yes |
| Guam | No | No | |
| Hawaii | Regulations: 11-260 - 11-279 | Yes (2018 DSW Rule) | Yes |
| Idaho | Regulations: 58-01.05 (pdf)(418 KB) | Yes (2018 DSW Rule) | Yes |
| Illinois | Regulations: Part 721 | Yes (2018 DSW Rule) | No |
| Indiana | Regulations | Yes (2018 DSW Rule) | No |
| Iowa | Uses Federal Regulations | Administered by EPA Region 7 | Administered by EPA Region 7 |
| Kansas | No | No | |
| Kentucky | Regulations: 401 KAR 39:005 | Yes (2018 DSW Rule) | Yes |
| Louisiana | Regulations | Yes (2015 DSW Rule) | Yes |
| Maine | No | No | |
| Maryland | Regulations | Yes (Adopted Only Mandatory Portions of the DSW Rule; Not the New Exclusions) | No |
| Massachusetts | No | No | |
| Michigan | Regulations | Yes (2018 DSW Rule) | Yes |
| Minnesota | No | No | |
| Mississippi | Regulations: Rules 1.1 and 1.2 (pdf)(120 KB) | Yes (2018 DSW Rule) | No |
| Missouri | Regulations (pdf)(53.2 KB) | Yes (2018 DSW Rule) | No |
| Montana | No | No | |
| Nebraska | Regulations | Yes (2015 DSW Rule) | Yes |
| Nevada | Regulations | Yes (2015 DSW Rule, More Stringent Parts Only; Not the New Exclusions) | Yes |
| New Hampshire | No | No | |
| New Jersey | Regulations | Yes (2018 DSW Rule) | No |
| New Mexico | Regulations | Yes (2018 DSW Rule) | No |
| New York | No | No | |
| North Carolina | Regulations | Yes (2018 DSW Rule) | Yes |
| North Dakota | Regulations | Yes (2018 DSW Rule) | Yes |
| North Mariana Islands | Uses Federal Regulations | Administered by EPA Region 9 | Administered by EPA Region 9 |
| Ohio | Regulations | Yes (2018 DSW Rule) | No |
| Oklahoma | Regulations (pdf)(244 KB) | Yes (2018 DSW Rule) | No |
| Oregon | Oregon Regulations | Yes (Adopted Only Mandatory Portions of the DSW Rule; Not the New Exclusions) | No |
| Pennsylvania | Regulations | Yes (2018 DSW Rule) | No |
| Puerto Rico | Uses Federal Regulations and Puerto Rico Regulations | Administered by EPA Region 2 | Administered by EPA Region 2 |
| Rhode Island | No | No | |
| South Carolina | Regulations | Yes (2018 DSW Rule) | Yes |
| South Dakota | Regulations | Yes (2018 DSW Rule) | No |
| Tennessee | Regulations | Yes (2018 DSW Rule) | Yes |
| Texas | Regulations | Yes (2018 DSW Rule) | Yes |
| U.S. Virgin Islands | Uses Federal Regulations | Administered by EPA Region 2 | Administered by EPA Region 2 |
| Utah | Regulations | Yes (2018 DSW Rule) | No |
| Vermont | No | No | |
| Virginia | Regulations | Yes (2015 DSW Rule) | No |
| Washington | Regulations | Yes (Adopted Only Mandatory Portions of the DSW Rule; Not the New Exclusions) | No |
| West Virginia | Regulations (pdf)(1.54 MB) | Yes (2018 DSW Rule) | No |
| Wisconsin | Regulations | Yes (2018 DSW Rule) | No |
| Wyoming | No | No |
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 [email protected].