Federal Solid Waste Storage and Collection Guidelines

40 CFR Part 243 contains the federal guidelines for the storage and collection of residential, commercial, and institutional solid waste — issued under the Solid Waste Disposal Act (amended by RCRA) as minimum national standards for how communities should manage garbage before it reaches a landfill or incinerator. Unlike RCRA's hazardous waste rules (which are mandatory regulations), these guidelines are primarily advisory with a required-practice floor — states and localities are expected to adopt programs at least as protective, and federal grant funding can be conditioned on compliance.

Current Rule (2026)

What This Rule Does

40 CFR Part 243 establishes a two-tier structure for each solid waste topic. "Requirement" sections (§§ 243.200-1, 243.201-1, etc.) state minimum mandatory practices — things that must happen to prevent health hazards, fire risks, or vector breeding. "Recommended procedures" sections provide additional guidance on best practices that communities should follow but are not federally mandated.

The guidelines cover the full lifecycle from container to curb to collection vehicle, establishing a floor for public health protection in municipal solid waste management.

Key Provisions

• § 243.100 — Scope: applies to collection of residential, commercial, and institutional solid wastes and street wastes; explicitly excludes mining, agricultural, and industrial solid wastes; hazardous wastes; sludges; construction and demolition debris; and infectious wastes
• § 243.200-1 — Storage requirements: all solid waste must be stored so it does not constitute a fire, health, or safety hazard or provide food or harborage for vectors; containers holding food waste must be covered and nonabsorbent, leakproof, durable, and cleanable; separated recyclable materials must be stored separately from other waste
• § 243.200-2 — Recommended storage container design: reusable containers should be corrosion-resistant, leakproof, smooth-interior (to prevent odor buildup), and sized to prevent overfilling; disposable bags used for single-collection must be leak-resistant and puncture-resistant; bags must hold a reasonably anticipated volume without tearing
• § 243.200-3 — Recommended collection frequency: food-containing waste should be collected at least once per week in areas where temperatures regularly exceed 50°F; in cooler climates, less frequent collection may be acceptable; waste that is pre-separated for recycling or that does not contain food may be collected less frequently
• § 243.201-1 — Safety requirements for collectors: collection operations must be conducted safely; crew members must have protective equipment; vehicles must have emergency stops and warning systems; workers must not be required to carry loads that endanger health
• § 243.201-2 — Recommended vehicle design: collection vehicles should be enclosed or covered to prevent littering; hydraulic compactors or tailgate systems should minimize spillage; vehicles should be cleanable; automated or semi-automated collection (where the truck arm lifts the container) recommended to reduce worker injury
• § 243.203-1 — Collection point requirements: residential waste must be placed for collection in a manner that gives collectors access without undue difficulty; containers must be accessible to standard collection vehicles; owners and operators of buildings must provide adequate storage space
• § 243.203-2 — Recommended collection system designs: alley collection, curbside collection, and door-to-door collection (for elderly or disabled residents unable to carry waste to curb) are all recognized; where alleys serve multiple dwellings, shared containers with scheduled collection are preferred over individual household containers in alleys

How It Affects You

Municipalities and counties — these guidelines inform state solid waste management plans, which are required for states to receive RCRA technical assistance and certain grants. States that adopt programs consistent with Part 243 standards meet federal minimums; they can be more stringent.

Property owners and building operators — the Part 243 storage requirements (covered containers, vector-proof storage) translate into local solid waste ordinances across the country; while the federal rule is primarily advisory, virtually every local sanitation code reflects these standards.

Haulers and collection contractors — vehicle design and crew safety requirements in Part 243 inform occupational safety standards and contract specifications for solid waste collection services; automated collection (side-loaders, rear-loaders) has largely replaced manual collection in urban areas partly because of the worker safety guidelines in this rule.

Legal Authority

• 42 U.S.C. § 6907 (RCRA § 207) — Directs EPA to publish guidelines for storage and collection of solid waste; guidelines must address resource recovery and provide for adequate public health protection; the guidelines are advisory with a mandatory floor
• 40 CFR Part 243 — EPA implementing guidelines for storage and collection of residential, commercial, and institutional solid waste; two-tier structure of "Requirements" (minimum mandatory practices) and "Recommended procedures" (advisory best practices)

Key Mechanics

40 CFR Part 243 establishes federal minimum standards for residential, commercial, and institutional solid waste storage and collection — covering the period from initial containment through collection vehicle loading. The guidelines are primarily advisory under RCRA § 207, but "Requirement" sections (§§ 243.200-1, 243.201-1, etc.) state minimum mandatory practices enforceable through state solid waste management programs and federal grant conditions. The guidelines apply to municipal solid waste (MSW) but explicitly exclude mining waste, agricultural waste, industrial process waste, hazardous waste, sewage sludge, construction/demolition debris, and infectious waste — each category has its own regulatory framework. Key requirements: (1) Container standards — containers must be durable, waterproof, vector-resistant (rodent/insect-proof), and covered; plastic bags are permitted only if they meet equivalent standards; (2) Collection frequency — residential waste must be collected at minimum weekly in warm months; alternative schedules require equivalent disease and vector control; (3) Collection vehicle standards — vehicles must be leak-proof, covered, and kept clean to prevent vermin, odors, and litter; (4) Hazardous household waste — guidelines note that certain household materials (paints, pesticides, batteries) should not enter the regular solid waste stream and should be collected separately. The two-tier structure — mandatory floor plus advisory best practices — allows states and localities to adopt more protective standards. Federal RCRA grant funding can be conditioned on state adoption of programs at least as protective as Part 243.

Statutory Authority

This rule implements:

• 42 U.S.C. § 6907 (RCRA § 207) — directs EPA to publish guidelines for the storage and collection of solid waste; guidelines must address resource recovery and provide for adequate public health protection

Recent Rulemakings

No major amendments since the original promulgation. The guidelines remain in effect and are incorporated by reference in many state solid waste management plans. The basic standards — covered containers, weekly collection, vector control — have been stable for decades.

Pending Action

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