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DSW Final Rule: Resources for Implementation
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This website provides tools and resources for facilities managing hazardous secondary materials under the 2008 DSW final rule (73 FR 64668).
An Overview of the DSW Final Rule
- Quick Guide to the DSW rule final rule (PDF)(2 pp, 509K)
- Map of where the DSW final rule is effective
- List of facilities that have notified they are managing under the DSW rule (PDF)(8 pp, 158K)
- History of the DSW Rulemaking
Resources for Implementing the DSW Final Rule
- RCRA Subtitle C Site Identification Form (Site ID Form) (PDF)(52 pp, 509K) - Facilities must notify their regulatory authority using the Site ID form; see Notification 40 CFR 260.42
- Training on the Definition of Solid Waste Final Rule (PPT) - An in-depth training presentation that compares conditions of the 2008 DSW final rule with the Subtitle C hazardous waste requirements.
- Definition of Solid Waste Rule Compilations - These documents provide easy access for EPA, states, and the regulated community to key published information related to three conditions of the exclusions: legitimate recycling, reasonable efforts, and the contained standard.
- The Contained Standard (PDF)(16 pp, 342K)
- The Reasonable Efforts Condition (PDF)(20 pp, 441K)
- The Legitimate Recycling Standard (PDF)(28 pp, 401K)
- The History of Legitimate Recycling (PDF)(66 pp, 1.0MB)
- Guidance for Mixing Hazardous Secondary Materials Received Under the 40 CFR 261.4(a)(24) Exclusion from the Definition of Solid Waste with Regulated Hazardous Waste, February 11, 2011 (PDF)(5 pp, 527K)
- Choosing a Responsible Recycler: A Guide for Generators of Secondary Hazardous Materials (PDF)(2 pp, 311K) (For best results when printing, use legal size paper and print double sided with both sides flipped up. Fold paper into fourths to view as a brochure.)
- Label for Hazardous Secondary Materials (PDF) (1 pp, 19K, About PDF) This label may be used by facilities to identify containers or units that contain hazardous secondary materials being managed under the 2008 DSW rule exclusions. Use of this label is voluntary and is not required under the DSW regulations. Facilities may submit this design to the label maker of their choice in order to purchase commercial labels. If you have questions or need assistance, email us at DSWPublicMeeting@epa.gov.
- DSW Inspector's Checklist (PDF) (52 pp, 473.17K) A series of checklists that assist regulatory authorities with monitoring compliance of the definition of solid waste regulations in 40 CFR 261.2 and the 2008 DSW exclusions in 40 CFR 261.4(a)(23), (24), and (25).
For general resources on RCRA regulation, see RCRA Guidance, Policy, and Resources.
Response to Questions Regarding the DSW Final Rule
- Memo to Safety-Kleen, January 20, 2010 (PDF)(5pp, 522K) Responds to questions on mixing hazardous secondary materials with regulated hazardous waste (see related Guidance above) as well as other questions on implementing the DSW rule.
- Memo to Veolia, March 30, 2010 (PDF)(2pp, 545K) Responds to questions on mixing hazardous secondary materials with regulated hazardous waste (see related Guidance above).
- Frequent Questions
eCFR Links to Regulations in DSW Final Rule
The revisions to the definition of solid waste rule are set forth in various parts of the regulations:
- Under Control of the Generator Exclusion
- Transfer-based Exclusion 40 CFR 261.4(a)(24)
- Hazardous Secondary Materials Being Exported 40 CFR 261.4(a)(25)
- Notification 40 CFR 260.42
- Legitimate Recycling 40 CFR 260.43
- Financial Assurance 40 CFR part 261 subpart H
- Non-waste Determinations 40 CFR 260.30, 40 CFR 260.33, and 40 CFR 260.34
- Definitions 40 CFR 260.10
