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DSW Federal Register Notices

This page provides information on current and past rulemakings and links to Federal Register Notices specific to the definition of solid waste.

Public Meeting on the Definition of Solid Waste Final Rule

To assist EPA in responding to an administrative petition asking the Agency to reconsider and repeal the Definition of Solid Waste (DSW) rule, the Agency is planning to hold a public meeting to discuss possible revisions to the DSW rule. The rule became effective on December 29, 2008. The meeting is planned for June 30, 2009 and will be held at the EPA Potomac Yards Conference Center in Arlington, Virginia. A Federal Register Notice with the details of the meeting, including registration information, will be published in May.

The documents below are being provided as a courtesy until they are placed in the Docket.

2008 Final Rule

On October 7, 2008, the Environmental Protection Agency issued a new final rule that streamlines regulation of hazardous secondary materials to encourage beneficial recycling and help conserve resources. By removing unnecessary regulatory controls, EPA expects to make it easier and more cost-effective to safely recycle hazardous secondary material.

Federal Register Notice (PDF) (122 pp, 589K, About PDF) - October 30, 2008

Supporting Studies and Analyses

The support materials for this rule and the public comments EPA receives on the proposal are available for public review online at Regulations.gov under docket number EPA-HQ-RCRA-2002-0031.

How to use Regulations.gov:

  1. Select Docket Search.
  2. Select "Environmental Protection Agency" from the Agency drop-down menu.
  3. In the Docket ID box, type in the docket number, e.g., EPA-HQ-RCRA-2002-0031 and press the "Submit" button to receive search results. Be patient; loading the documents takes time.

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2007 Supplemental Proposed Rule

On March 15, 2007, EPA issued a supplemental proposal that would streamline the regulation of hazardous secondary materials to encourage beneficial recycling and help conserve resources. The proposal also would establish criteria for determining when such materials are legitimately recycled. By removing unnecessary regulatory controls, hazardous secondary material recycling will be easier and more cost-effective. This proposed rule supplements an earlier proposal in 2003 and contains new data and analyses.

Federal Register Notice - Extention of Comment Period - April 24, 2007 | PDF Version (2 pp, 70K, About PDF)

Federal Register Notice - March 26, 2007 || PDF Version(48 pp, 315K, About PDF)

The support materials for this rule and the public comments EPA receives on the proposal are available for public review online at Regulations.gov under docket number EPA-HQ-RCRA-2002-0031.

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2003 Proposed Rule

EPA proposed revisions to the definition of solid waste that would streamline the regulation of certain hazardous secondary materials being recycled. The proposed rule would also establish regulatory criteria for determining whether hazardous secondary materials are recycled legitimately. A supplemental proposal was later published on March 26, 2007. Background information for the 2003 proposal is available through Regulations.gov. The docket number is EPA-HQ-RCRA-2002-0031.

Federal Register Notice - Extension of Comment Period - December 29, 2003

Federal Register Notice (PDF) (43 pp, 294K, About PDF) - October 28, 2003 || Fact Sheet (PDF) (2 pp, 17K, About PDF)

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2002 Final Rule - Response to Court Order Vacating Regulatory Provisions

This action responds to two court vacaturs of regulations under the Resource Conservation and Recovery Act (RCRA), concerning mineral processing sludges and by-products and manufactured gas plant [MGP] wastes.

Federal Register Notice - March 13, 2002

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1985 Final Rule

On January 4, 1985, EPA amended its existing regulatory definition of solid waste under Subtitle C of the Resource Conservation and Recovery Act (RCRA). This rule addressed which materials are solid and hazardous wastes when they are recycled. The rule also contained general and specific standards for various types of hazardous waste recycling . The January 4, 1985 action finalized much of the rule as it was proposed on April 4, 1983, with some changes and clarifications.

Federal Register Notice (PDF) (55 pp, 6.2MB, About PDF) - January 4, 1985

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1983 Proposed Rule

On April 4, 1983, EPA published a proposed rule addressing the question of which materials are solid wastes when recycled. This proposal was published in response to public comments on the May 19, 1980 interim final rule and was intended to target those hazardous waste recycling operations posing environmental and human health concerns. In addition, the Agency proposed general and specific management standards for the recycling of hazardous wastes.

Federal Register Notice (PDF) (58 pp, 7MB, About PDF) - April 4, 1983

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1980 Interim Final Rule

This rule includes interim final regulations addressing the definition of solid waste (see pp. 33090-33095) and exclusions from the definition of solid waste (see pp. 33096-33102).

Federal Register Notice (PDF) (75 pp, 8.8MB, About PDF) - May 19, 1980

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