July 17, 2023

Upcoming Changes to the RCRA Regulations

EPA’s Spring 2023 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 believe to be of broad interest to the regulated community.

Spring 2023 OLEM Regulatory Agenda

Rule description	Action	Schedule date
PFAS-related designations as CERCLA hazardous substances	ANPRM	06/23
Technical corrections to regulations	Direct final rule	06/23
Definition of hazardous waste applicable to SWMUs	NPRM	08/23
Revising the Part 241 nonhazardous secondary material standards	Final rule	08/23
Listing PFOA, PFAS, PFBS and GenX as RCRA hazardous constituents	NPRM	08/23
Revisions to standards for the OB/OD of waste explosives	NPRM	08/23
Drum management and reconditioning proposed rulemaking	ANPRM	09/23
Disposal of CCR—federal permit program	Final rule	10/23
Updates to RCRA permitting and technical corrections	NPRM	12/23
Designating PFOA and PFOS as CERCLA hazardous substances	Final rule	02/24
Disposal of CCR—legacy surface impoundments	Final rule	04/24
Disposal of CCR—closure Part B, implementation of closure¹	Final rule	10/24
Integrating e-manifest with exports and other manifest-related reports¹	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 of the regulatory agenda.

Source: EPA’s Fall 2023 regulatory agenda; EPA’s Fall 2023 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 environmental regulations. Persons evaluating specific circumstances dealing with the environmental 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.