June 22, 2026

EPA Proposes Approval of Alaska’s Hazardous Waste Management Program

On May 14, 2026, EPA proposed a tentative authorization of the State of Alaska’s hazardous waste program under RCRA. [91 FR 27229] If finalized, Alaska’s program will operate in lieu of the federal program and, provided no significant negative comments impact EPA’s decision, the agency expects to make a final decision to approve Alaska’s program by August 24, 2026. The state’s hazardous waste program is to be incorporated into Title 18 of the Alaska Administrative Code.

Alaska has adopted almost verbatim the federal hazardous waste regulations found in 40 CFR Parts 124, 260 through 268, 270, 273, and 279, promulgated through July 26, 2024, except for the August 9, 2023 technical corrections rule (see our previous article). EPA does not authorize states for certain federal regulations relating to imports/exports (Part 262, Subpart H), land disposal restrictions (Part 268), and manifest registry and e-manifest functions administered solely by EPA (Part 262, Subpart B; Part 263, Subpart B; Part 264/265, Subpart FF; Part 267, Subpart E). Alaska has adopted these provisions by leaving the authority for implementation and enforcement with EPA. Additionally, new federal regulations promulgated under the authority of the 1984 Hazardous and Solid Waste Amendments (HSWA) take effect in RCRA-authorized states before they are authorized for state requirements. Consequently, EPA will implement those provisions in Alaska until the state is granted authorization to do so.

The following provisions in Alaska’s authorization application are more stringent or broader in scope and will apply in lieu of the federal rules:

Annual notification for large and small quantity generators and transporters.
The 2009 Statistical Analysis of Groundwater Monitoring at RCRA Facilities (Unified Guidance), relevant for permitted facilities.
Procedural requirements under corrective action that may create more stringent cleanup standards for contaminants in soil and groundwater. Where cleanup standards differ between state and federal RCRA regulations, the more stringent standard will apply.
The addition of electronic waste as universal waste.

Alaska is not adopting and not seeking authorization for Part 260, Subpart C (rulemaking petitions) and Part 273, Subpart G (petitions to include other wastes under 40 CFR Part 273). The state has also not adopted Part 266, Subpart Q (the ignitable spent refrigerants rule), but will pursue authorization in the future. However, Subpart Q is already in effect in Alaska, as it was promulgated under HSWA authority. Comments on EPA’s proposed authorization of Alaska’s hazardous waste program may be submitted through July 2, 2026 via Docket ID No. EPA-R10-RCRA-2026-2146.

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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.