August 15, 2022

Upcoming Changes to the RCRA Regulations

EPA’s Spring 2022 regulatory agenda has been released. The following table summarizes the agency’s Office of Land and Emergency Management’s (OLEM) plans for proposing and finalizing new regulations. Among other things, OLEM is responsible for crafting RCRA regulations. The table is not all-inclusive of every OLEM regulatory action. Instead, it includes those actions McCoy and Associates believes to be of broad interest to the regulated community.

Spring 2022 OLEM Regulatory Agenda

Rule description

Action

Schedule date

Disposal of CCR—federal permit program

Final rule

10/22

PFAS-related designations as CERCLA hazardous substances

ANPRM

11/22

Revisions to standards for the OB/OD of waste explosives

NPRM

11/22

Definition of hazardous waste applicable to SWMUs

NPRM

01/23

Disposal of CCR—closure Part B, implementation of closure

Final rule

03/23

Revising the Part 241 nonhazardous secondary material standards

Final rule

05/23

Technical corrections to regulations1

Direct final rule

06/23

Designating PFOA and PFOS as CERCLA hazardous substances

Final rule

08/23

Listing PFOA, PFAS, PFBS and GenX as RCRA hazardous constituents1

NPRM

08/23

Disposal of CCR—legacy surface impoundments

Final rule

11/23

Integrating e-manifest with exports and other manifest-related reports

Final rule

TBD

Disposal of CCR—beneficial use criteria and piles1

Final rule

TBD

ANPRM = advanced notice of proposed rulemaking; CCR = coal combustion residues; NPRM = notice of proposed rulemaking; OB/OD = open burning/open detonation; SWMU = solid waste management units; TBD = to be determined

1Long-term actions: Items under development but for which the agency does not expect to have a regulatory action within 12 months after publication in the regulatory agenda.

Source: EPA’s Fall 2022 regulatory agenda; EPA’s Fall 2022 long-term actions

 


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Disclaimer

Considerable care has been exercised in preparing this document; however, McCoy and Associates, Inc. makes no representation, warranty, or guarantee in connection with the publication of this information. McCoy and Associates, Inc. expressly disclaims any liability or responsibility for loss or damage resulting from its use or for the violation of any federal, state, or municipal law or regulation with which this information may conflict. McCoy and Associates, Inc. does not undertake any duty to ensure the continued accuracy of this information.

This document addresses issues of a general nature related to the federal RCRA regulations. Persons evaluating specific circumstances dealing with the RCRA regulations should review state and local laws and regulations, which may be more stringent than federal requirements. In addition, the assistance of a qualified professional should be enlisted to address any site-specific circumstances.