January 14, 2022

Upcoming Changes to the RCRA Regulations

EPA’s Fall 2021 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.

Fall 2021 OLEM Regulatory Agenda

Rule description


Scheduled date

Revising the Part 241 nonhazardous secondary material standards



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



Designating PFOA and PFOS as CERCLA hazardous substances



PFAS-related designations as CERCLA hazardous substances



Disposal of CCR—legacy surface impoundments



Disposal of CCR—closure Part B, implementation of closure

Final rule


Disposal of CCR—federal permit program

Final rule


Revisions to standards for the OB/OD of waste explosives1



Definition of hazardous waste applicable to SWMUs1



Technical corrections to regulations1

Direct final rule


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



Disposal of CCR—beneficial use criteria and piles1

Final rule


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 2021 regulatory agenda; EPA’s Fall 2021 long-term actions


©2022-2024 McCoy and Associates, Inc. All rights reserved.

McCoy and Associates has provided in-depth information to assist environmental professionals with complex compliance issues since 1982. Our seminars and publications are widely trusted by environmental professionals for their consistent quality, clarity, and comprehensiveness.



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.