On May 30, 2018 (83 FR 24664), the Environmental Protection Agency (EPA) published a final rule in the federal register revising regulations associated with the definition of solid waste under the Resource Conservation and Recovery Act in 40 CFR Parts 260 and 261. These revisions implement vacaturs ordered by the United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit), on July 7, 2017, as modified on March 6, 2018. These include the removal of the 2015 verified recycler exclusion and reinstatement of the 2008 transfer-based exclusion with modifications, and removal of the 2015 factor four in the definition of legitimate recycling and reinstatement of the 2008 factor four. This final rule is effective on May 30, 2018 revising 40 CFR 260.42, 40 CFR 260.43, 40 CFR 261.4(a)(23) and 40 CFR 261.4(a)(24); reinstating 261.4(a)(25); and removing 40 CFR 260.30(f) and 260.31(d).

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EPA 05-30-2018 final rule solid waste definition update