CALL CENTER QUESTIONS & ANSWERS
RCRA
1. Recognition of a State Variance
from the Definition of Solid Waste
by Another State
A business generates a material from an
industrial process that it partially reclaims
but that must be reclaimedfurther before the
material is completely recovered. The
business sought and was granted a variance
from the RCRA definition of solid waste for
the material by its state implementing
agency (40 CFR §260.30). The business
would like to send the partially reclaimed
material to an affiliate located in another
state for further reclamation. However, the
business is concerned that the material may
be regulated in the receiving state because it
was granted a state-specific variance from
the definition of solid waste by the original
state agency only. Is the implementing
agency in the receiving state required to
recognize the state-specific variance or is
the material subject to RCRA regulation in
the receiving state?
If a material is granted a solid waste
variance by one authorized state and is then
shipped to another authorized state, the
receiving state is not required to recognize
the variance if it chooses not to do so;
therefore, the material may be subject to
RCRA regulation as a solid and hazardous
waste in the receiving state. A variance may
be granted by an authorized state based upon
several regulatory criteria to be weighed by
that state (Memo, Shapiro to Nosenchuck;
June 19,1996). However, a state is not
required to recognize a variance granted by
another state because an authorized state
may always be more stringent in
implementing its RCRA program. The
facility that was granted the variance may
request the receiving states to recognize the
variance, and the granting of the variance by
the original state may make a compelling
argument for recognition by the receiving
state.
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