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	Action	Scheduled date
Revising the Part 241 nonhazardous secondary material standards	NPRM	12/21
Integrating e-manifest with exports and other manifest-related reports	NPRM	1/22
Designating PFOA and PFOS as CERCLA hazardous substances	NPRM	3/22
PFAS-related designations as CERCLA hazardous substances	ANPRM	6/22
Disposal of CCR—legacy surface impoundments	NPRM	9/22
Disposal of CCR—closure Part B, implementation of closure	Final rule	9/22
Disposal of CCR—federal permit program	Final rule	10/22
Revisions to standards for the OB/OD of waste explosives¹	NPRM	11/22
Definition of hazardous waste applicable to SWMUs¹	NPRM	12/22
Technical corrections to regulations¹	Direct final rule	6/23
Listing PFOA, PFAS, PFBS and GenX as RCRA hazardous constituents¹	NPRM	8/23
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 2021 regulatory agenda; EPA’s Fall 2021 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.