EPA Proposes Changes to RCRA’s Definition of Hazardous Waste

On February 8, 2024, the U.S. Environmental Protection Agency (EPA) published a notice in the Federal Register proposing to amend the Resource Conservation and Recovery Act’s (RCRA) definition of hazardous waste applicable to corrective action. The proposal is aimed at addressing releases from solid waste management units at permitted treatment, storage, and disposal facilities.

Specifically, the proposal would expand RCRA’s definition of hazardous waste to include any substance that meets the statutory definition of hazardous waste as opposed to only those substances specifically listed in RCRA regulations. EPA also gives notice of its interpretation that the statutory definition of hazardous waste applies to corrective action for releases from solid waste management units at permitted and interim status facilities.

EPA has certified that this proposed rule will not have a significant impact on a substantial number of small entities. However, EPA is also specifically soliciting comments on its conclusion that the proposed rule would not result in any additional costs, including to small entities.

Comments are due March 11, 2024.

Comments are closed.