Frequent Questions

If a material is granted a solid waste variance by one authorized state and is then shipped to another authorized state, is the receiving state required to recognize the variance if it chooses not to?

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 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, RCRA Online #14026). 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.

Additional information on this topic may be found at the following URLs:
www.epa.gov/epawaste
http://www.epa.gov/epawaste/wyl/stateprograms.htm

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