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Listing legacy CCR impoundments
Legacy coal combustion residual (CCR) surface impoundments became subject to RCRA regulation in November 2024, as discussed in a previous article. [89 FR 38950] Since then, EPA has created a list of facilities with current or potential legacy CCR surface impoundments. While some compliance deadlines for these disposal units have passed, many have not. Facilities with legacy impoundments should ensure compliance with Part 257, Subpart D, and prepare for upcoming deadlines that will occur over the next couple of years, as per §257.100
No manifest, no problem
Can you transport hazardous waste without a manifest within a contiguous property under the control of the same person, even if the property is divided by a public right-of-way? Since 1997, yes. The contiguous property can even be accessed by going along the right-of-way instead of crossing at an intersection. New RO 14969 reiterates EPA’s longstanding interpretation of the manifest exemption at §262.20(f). The manifest exemption allows for the internal transfer of hazardous waste between contiguous sites without the difficulty of manifesting, making the transfer more practical and less burdensome.
Fed facilities on CERCLA radar
Ever wonder if a federal facility manages hazardous waste or if it is potentially subject to Superfund cleanup? EPA has recently completed its 47th update to the Federal agency hazardous waste compliance docket. [90 FR 16674] The docket identifies all federal facilities that manage hazardous waste and must be evaluated through the site assessment process. The docket compiles the information submitted to EPA under these CERCLA provisions and makes this information available to the public. Additional guidance and resources are available on the docket website.
Unprecedented move weakens CAA
Signed into law in 1970, the Clean Air Act is the American bulwark that protects the resource we breathe. And for the first time in 55 years, Congress has acted to weaken the CAA with the passage of House Joint Resolution 35. This unprecedented action uses the Congressional Review Act (CRA) to revoke EPA’s waste emissions charge (WEC) rule. READ MORE
.VIRTUALLY summer
Regulations never stop evolving, and neither should you. So why not sign up for one of McCoy’s .VIRTUAL RCRA seminars this summer! Whether you're building a solid foundation in the 5-Day seminar July 21–25, 2025 or refining your expertise in the Refresher June 24–25, 2025, you’ll get up-to-date guidance, thoughtful explanations, and course materials shipped right to your door.
Surf California’s regs with McCoy
Catch McCoy's .VIRTUAL California Title 22-RCRA wave crashing in October 6-9, 2025! Stay ahead of the latest California and federal regs, sharpen your skills, and leave class surfing the Cali compliance ocean with confidence.
And last but not least, every attendee gets the latest course binder along with McCoy’s 2025 RCRA Unraveled and Reference publications pre-shipped before the seminar begins.
Clean Air Act clarity
Need clarity on the air regs? Join McCoy’s .VIRTUAL Clean Air Act seminar, August 5–7, 2025, and over three days, you’ll build a stronger CAA understanding, catch up on the latest regulatory changes, and pick up new tools you can use well after class ends. Delivered live on Zoom, it’s your opportunity to ask questions, get answers, and come away with real clarity on the Clean Air Act.
Catch you in Tahoe!
Join us in one of the most beautiful locations in the country for in-person RCRA training, August 18-22, 2025. Spend five days in Lake Tahoe, getting the latest in RCRA compliance and still have plenty of time to relax and enjoy all the area has to offer. Rooms at Harveys Lake Tahoe Hotel & Casino are available in our room block for $92 a night… but be sure to book early before they fill up!
RCRA wrap-up 2024
EPA’s Office of Resource Conservation and Recovery (ORCR) has recently released a report on its accomplishments from fiscal year 2024. Most of the topics covered in the report have been written about in previous McCoy Review articles, ranging from proposed and finalized rules to natural disaster resilience. Some ORCR highlights include managing food waste, collaborating with Tribes and the Indian Health Service, and improving e-manifest functionality. The report links to recently issued guidance documents and webpages, making it a nice wrap-up of RCRA in 2024.
Hazardous waste supply and demand
EPA recently released its 2024 National Capacity Assessment Report, demonstrating that the country has enough commercial hazardous waste recovery, treatment, and landfilling capacity to last the next 25 years. Compiled from 2021 biennial report data, the assessment indicates states should seek additional capacity due to recent logistics interruptions and the closure of onsite, private hazardous waste treatment and disposal units. READ MORE
Limiting PCB storage
Polychlorinated biphenyl (PCB) waste, whether RCRA-hazardous or not, is subject to the TSCA disposal requirements of Part 761, Subpart D. New RO 14968 discusses the storage limitations for PCB waste that has a PCB concentration of ≥50ppm. While such waste is subject to a 1-year storage limit, persons storing that waste may apply for extensions provided it is shown in the application that the proposed storage methods or locations will not pose an unreasonable risk of injury to health or the environment. [§761.65(a)] Approval for additional storage time is provided in writing by EPA and may be contingent on indoor air sampling, encapsulation, and other efforts to monitor, reduce, and eliminate PCB exposure.
Calling all LQGs/SQGs
The January 22, 2025 deadline for large and small quantity generators to set up an e-manifest account via RCRAInfo has come and gone. Are you in compliance? Approximately 100,000 of you are, but many are not. To see if your site has set up an account and selected someone with site manager capabilities, check out EPA’s RCRAInfo Public Extract. After clicking “Download List” under “e-Manifest Third Rule Compliance Check,” you can view the .csv file to confirm your facility is good to go. But why is an e-Manifest account even necessary? Amongst other things, designated facilities are no longer required to mail a copy of a signed manifest back to generators confirming receipt of a hazardous waste shipment. You need that e-Manifest account to meet your recordkeeping requirements.
CMAS proposal also impacts EtO
EPA proposed amendments to the chemical manufacturing area sources (CMAS) NESHAP on January 22, 2025. [90 FR 7942] New requirements in Part 63, Subpart VVVVVV would include stricter leak detection and repair practices for equipment and heat exchangers, emissions reductions from pressure relief devices and vessels, and periodic performance testing. A new source category for chemical manufacturers that use ethylene oxide (EtO) as a feedstock has also been proposed and would be subject to Subpart VVVVVV. Overall, the proposal is estimated to reduce HAPs by more than 160 tpy and smog-forming VOCs by more than 1,550 tpy. The amendments would affect approximately 280 facilities throughout the country. Comments may be submitted through April 14, 2025 via Docket ID No. EPA-HQ-OAR-2024-0303. [90 FR 13116]
New tech for OB/OD
In January 2025, EPA published the first update to its compendium of open burning and open detonation alternative technologies. Open burning (OB) involves destroying materials through self-sustained combustion, and open detonation (OD) is detonating explosives or munitions with added explosive charges. The alternative technologies are waste and site-specific, and the agency emphasizes that a technology used at one site may not work for another. As such, the compendium allows users to compare waste streams that have been treated or destined for treatment by different alternative technologies. The agency has also set a goal to finalize revisions to standards for the OB/OD of waste explosives by October 2025.
Guardrails for remediation program transfers
In response to a 1999 report from EPA’s Office of Inspector General citing hazardous waste remediation activities inappropriately deferred to CERCLA or the RCRA corrective action program, the agency has published updated guidance on improved procedures for site transfers between the two programs. [RO 14966] This new guidance, which supersedes RO 14960, describes the steps CERCLA/corrective action program managers should take to accurately identify a facility/site’s administrative program management lead, transfer status in real-time, and improve overall program management at the state, regional, and national levels. The guidance does not impact what cleanup activities are conducted or what remediation steps should be taken by affected facilities. Instead, EPA is setting guardrails for regulators to ensure remediation projects do not fall through the cracks.
Regulators, meet your deadlines
State and regional RCRA regulators should ensure the timely submittal of data into RCRAInfo, the national data system for the RCRA hazardous waste program. [RO 14967] RCRAInfo data contributes to implementing and enforcing hazardous waste regulations, tracks program measures, supports emergency responders, and assists regulatory analysis. While EPA’s Office of Resource Conservation and Recovery maintains the functionality of RCRAInfo, submitted data is only as valuable as the accuracy and promptness of what regulators submit as prescribed by RCRAInfo’s Data Element Dictionary.
Solar Panel FAQs
Because solar panels are not regulated as universal waste under the federal RCRA program, generators who determine their solar panels exhibit the toxicity characteristic may need to manage them as fully regulated hazardous waste. Fortunately, several recycling exclusions may be applicable when managing such waste. EPA recently published answers to frequent questions about managing end-of-life solar panels under RCRA. READ MORE
Preventing vapes from going up in smoke
Tropical punch, blue lagoon, and razzle-dazzle… just a few of the thousands of flavors available in e-cigarettes. Vaping is everywhere, including schools and small businesses, which is why EPA has come out with guidance on how these entities should be managing collected electronic nicotine delivery systems. To avoid the potential fires and acute poisoning that come from these devices, facilities should individually wrap or bag batteries and e-liquid vials, or if the vape pen cannot be disassembled, place each one in its own plastic bag. Potential disposal options include small business collection programs, offsite consolidation to a parent company, or RCRA-permitted TSDFs.
PEPO proposal cuts EtO
On December 27, 2024, EPA proposed amendments to the polyether polyols (PEPO) production industry NESHAP. [89 FR 105986] PEPO are chemicals used to produce lubricants, adhesives, sealants, cosmetics, soaps, and polyurethane foams. Hazardous air pollutants emitted by PEPO production facilities include ethylene oxide (EtO), which is highly carcinogenic. The proposed amendments to Part 63, Subpart PPP aim to reduce EtO emissions by 14 tpy and cut emissions of all hazardous air pollutants by 157 tpy. Additionally, periodic fenceline monitoring of EtO would be required every 5 days, and the monitoring data would be made publicly available through EPA’s WebFIRE database. Comments may be submitted through February 25, 2025 via Docket ID No. EPA-HQ-OAR-2023-0282.
Ratcheting up 2025 penalties
EPA is required by law to annually adjust the maximum civil penalties allowed under environmental law to account for inflation. Because the adjustments are tied to the consumer price index, the penalties incurred in 2025 are approximately 2.5 percent greater than in 2024—further demonstrating the cost of noncompliance. READ MORE
RCRA model permit update
Title V, NPDES, UIC, MPRSA… environmental permitting is challenging and specific to a facility’s operations. As discussed in a previous article, EPA’s RCRA model permit provides example language vetted by legal and enforcement experts that should reduce permit issuance time and promote consistency. The agency recently updated the RCRA model permit with a module on general permit conditions applicable to all RCRA permits. These modules help permit writers by standardizing the language associated with hazardous waste management permits.
Tidying up the cleanup pages
EPA recently updated its webpages and information on the hazardous waste cleanup program, formerly called the corrective action program. The main page is more user-friendly, with links to topics like training, cleanup progress, and FAQs. Numerous guidance resources are also available on topics such as remediation waste management, groundwater/soil/air cleanup, and a direct link to RCRA Online’s RCRA cleanup guidance.
New NAAQS for SO2
Secondary national ambient air quality standards (NAAQS) are designed to protect public welfare. The standards defend against adverse effects on vegetation, animals, weather, visibility, climate, property, and economic impacts. EPA’s final rule covering the secondary NAAQS for sulfur oxides (SOX), nitrogen oxides (NOX), and particulate matter (PM) took effect on January 27, 2025. [89 FR 105692] While the rule does not change the standards for PM or NOX, it does revise the SO2 standard from 0.5 ppm averaged over 3 hours to an annual standard of 10 ppb averaged over 3 years. SO2 is the NAAQS indicator for SOX. EPA believes emission reductions to meet the secondary SO2 standard will not be necessary as existing measures taken by states to meet the primary SO2 standard should be sufficient.
