Proposed Rule2026-09179
Definition of Hazardous Waste Applicable to Corrective Action for Releases From Solid Waste Management Units; Withdrawal
Primary source
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Published
May 8, 2026
Issuing agencies
Environmental Protection Agency
Abstract
The U.S. Environmental Protection Agency (EPA) is withdrawing its proposed rule entitled "Definition of Hazardous Waste Applicable to Corrective Action for Releases From Solid Waste Management Units." The Agency issued the proposed rule to: amend the regulatory definition of hazardous waste applicable to corrective action to address releases from solid waste management units at hazardous waste treatment, storage, and disposal facilities permitted under the Resource Conservation and Recovery Act (RCRA) and make conforming amendments related to the definition amendment; and add the statutory corrective action authorities to the section of the regulations that provides notice that the statutory definitions, rather than the regulatory definitions, apply to certain sections of the statute. The Agency has concluded that the proposed revisions to the existing regulations would have complicated, rather than contributed to, efficient implementation of corrective action. For those reasons EPA has determined that withdrawal is appropriate.
Full Text
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<title>Federal Register, Volume 91 Issue 89 (Friday, May 8, 2026)</title>
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[Federal Register Volume 91, Number 89 (Friday, May 8, 2026)]
[Proposed Rules]
[Pages 25266-25268]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-09179]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 260, 261, and 270
[EPA-HQ-OLEM-2023-0085; FRL-9247-04-OLEM]
RIN 2050-AH27
Definition of Hazardous Waste Applicable to Corrective Action for
Releases From Solid Waste Management Units; Withdrawal
AGENCY: Environmental Protection Agency.
ACTION: Proposed rule; withdrawal.
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SUMMARY: The U.S. Environmental Protection Agency (EPA) is withdrawing
its proposed rule entitled ``Definition of Hazardous Waste Applicable
to Corrective Action for Releases From Solid Waste Management Units.''
The Agency issued the proposed rule to: amend the regulatory definition
of hazardous waste applicable to corrective action to address releases
from solid waste management units at hazardous waste treatment,
storage, and disposal facilities permitted under the Resource
Conservation and Recovery Act (RCRA) and make conforming amendments
related to the definition amendment; and add the statutory corrective
action authorities to the section of the regulations that provides
notice that the statutory definitions, rather than the regulatory
definitions, apply to certain sections of the statute. The Agency has
concluded that the proposed revisions to the existing regulations would
have complicated, rather than contributed to, efficient implementation
of corrective action. For those reasons EPA has determined that
withdrawal is appropriate.
DATES: The proposed rule published on February 8, 2024 (89 FR 8598) is
withdrawn as of May 8, 2026.
ADDRESSES: Publicly available docket materials are available either
electronically through <a href="https://www.regulations.gov">https://www.regulations.gov</a> or in hard copy at
the EPA Docket Center, WJC West Building, Room 3334, 1301 Constitution
Ave. NW, Washington, DC. The Docket ID No. is EPA-HQ-OLEM-2023-0085.
The Docket Center's hours of operations are 8:30 a.m.-4:30 p.m.,
Monday-Friday (except Federal Holidays). For further information on the
EPA Docket Center services and the current status, see: <a href="https://www.epa.gov/dockets">https://www.epa.gov/dockets</a>.
FOR FURTHER INFORMATION CONTACT: Barbara Foster, Waste and Chemical
Implementation Division, Office of Resource Conservation and Recovery
(5303T), Environmental Protection Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460, telephone number: (202) 566-0382, email address:
<a href="/cdn-cgi/l/email-protection#accac3dfd8c9de82cecddececddecdecc9dccd82cbc3da"><span class="__cf_email__" data-cfemail="98fef7ebecfdeab6faf9eafaf9eaf9d8fde8f9b6fff7ee">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Authority
These regulations were proposed under the authority of sections
2002(a), 3004(u) and (v), and 3008(h) of RCRA, as amended, 42 U.S.C.
6912(a), 6924(u) and (v), and 6928(h).
II. Background
A. Description of Proposed Rule
On February 8, 2024, EPA issued a proposed rule that would have
amended the regulatory definition of hazardous waste applicable to
corrective action to address releases from solid waste management units
at RCRA-permitted treatment, storage, and disposal facilities (see 89
FR 8598). The Agency proposed two related amendments. First, the Agency
proposed to amend two regulatory definitions in 40 CFR--the definition
of hazardous waste in Sec. 260.10, which is applicable to corrective
action under Sec. 264.101 and subpart S, and the identical definition
in Sec. 270.2 of the hazardous waste facility permitting regulations--
to expressly apply the RCRA section 1004(5) statutory definition of
hazardous waste to corrective action requirements. Second, EPA proposed
to add RCRA sections 3004(u) and (v) and 3008(h) to the statutory
authorities identified in Sec. 261.1(b)(2) of the regulations. That
section provides notice that the statutory definitions of solid and
hazardous waste, rather than the more limited regulatory definitions,
govern the scope of EPA's authority under certain sections of RCRA.
[[Page 25267]]
B. Withdrawal Is Appropriate Because the Rule Is Not Necessary
Through the proposed rule, EPA sought to align its regulations with
the RCRA statutory requirement that permitted facilities conduct
corrective action to address releases not only of substances listed or
identified as hazardous waste in the regulations but of any substance
that meets the statutory definition of hazardous waste. EPA
particularly intended the rule to provide clear authority to address,
through corrective action in permits, releases of emerging contaminants
that have not yet been listed or identified as hazardous waste under
the regulations.
Some commenters on the proposed rule argued that the rule is not
necessary for a number of reasons. After considering public comments
received on the proposed rule, EPA, while not agreeing with all the
arguments presented by commenters, has determined that the rule is not
necessary and that withdrawal of the proposed rule is appropriate for
reasons described below.
1. Amendments to the Definition of Hazardous Waste
The proposed rule would have amended the definition of hazardous
waste: (1) in Sec. 260.10 (applicable to Sec. 264.101 and 40 CFR part
264, subpart S); and (2) Sec. 270.2 (applicable to the RCRA permitting
requirement). EPA proposed these changes to apply the definition of
hazardous waste in RCRA section 1004(5) to corrective action
requirements at permitted hazardous waste facilities thus reflecting in
the regulations authority to address not only releases of hazardous
wastes that are listed or identified in EPA's hazardous waste
regulations, but also releases of any substance that meet the broader,
RCRA statutory definition of hazardous waste.
There are two reasons the amendments to the definition of hazardous
waste are not necessary. First, nearly all corrective actions address
regulatory hazardous wastes and hazardous constituents. This has been
demonstrated through years of program implementation--EPA and
authorized states have issued only a limited number of permits and
section 3008(h) orders addressing substances that were not hazardous
waste or hazardous constituents listed or identified by regulation.\1\
Second, to the extent that releases of other RCRA statutory hazardous
wastes and constituents have occurred and present a risk to human
health or the environment, EPA has other tools to require clean up in
RCRA permits. Namely, RCRA section 3005(c)(3) and EPA's implementing
regulations at Sec. 270.32 require that all permits include such
requirements as are necessary to protect human health and the
environment. This ``omnibus'' authority requires that permits contain
such terms and conditions as the Administrator determines necessary to
protect human health and the environment, including any necessary
conditions requiring an owner or operator to address releases of
substances that are not hazardous waste or hazardous constituents under
the regulations.
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\1\ See Economic Assessment for the Definition of Hazardous
Waste Applicable to Corrective Action for Releases from Solid Waste
Management Units, which is available in the docket for the proposed
rule (EPA-HQ-OLEM-2023-0085).
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For these reasons EPA has concluded that the existing regulations
provide the tools to develop protective permit conditions, when
necessary, without the need to modify the hazardous waste definition
applicable to Sec. 264.101, 40 CFR part 264, subpart S, and Sec.
270.14(d). EPA is thus withdrawing these proposed changes.
2. Amendments to Sec. 261.1(b)(2)
Section 261.1(b) merely provides notice of EPA's statutory
interpretations. EPA proposed to include its longstanding statutory
interpretations of sections 3004(u) and (v) and section 3008(h) in that
section. In the proposal, EPA stated that it did not believe that the
addition of those sections to this paragraph would impose additional
requirements on facilities. Rather, EPA's intent in revising Sec.
261.1(b)(2) as part of its proposal to amend the applicable hazardous
waste definitions was to maintain consistency in the regulations.
Because the Agency is withdrawing the proposed revisions to the
definitions coupled with the fact that the Agency has articulated its
consistent and longstanding interpretation of the scope of its
authority under sections 3004(u) and (v) and section 3008(h) elsewhere,
EPA is also withdrawing the proposed revisions to Sec. 261.1(b)(2).
EPA is not reconsidering or revisiting its interpretation of those
statutory provisions, and nothing in this withdrawal of the proposed
rule affects those prior interpretations.
C. The Proposed Rule Could Have Complicated, Rather Than Contributed
to, Efficient Implementation of Corrective Action
Though some commenters generally supported the proposed rule, EPA
found convincing concerns that were raised by other commenters.
Commenters stated that the proposed rule would, as a practical matter,
result in confusion for regulators and owners and operators on which
substances were subject to corrective action and what units were solid
waste management units. Commenters argued that the statutory definition
is broad, that it provides little guidance to the regulated community
as to what is regulated under the statute, and that the proposed rule
would result in inconsistent implementation of corrective action.
EPA agrees that the proposed rule could unnecessarily create
uncertainty and disrupt implementation of corrective action. While the
proposed rule would have made clear that the statutory hazardous waste
definition applies to corrective action, it could have, as a result,
made less clear the obligations of owners and operators in routine and
established permit processes. For example, uncertainty related to the
identification of hazardous waste that will be subject to corrective
action at a facility could complicate compliance with the information
submission requirements of Sec. 270.14(d)(3), which requires owners
and operators to submit all available information pertaining to any
releases of hazardous wastes from solid waste management units, by
making less clear what is an adequate permit application. The Agency
thus concludes that withdrawal of the proposed rule is appropriate.
D. Additional Information
Nothing in this action modifies or affects the regulations
promulgated to date to govern corrective action, or EPA's longstanding
interpretations of the scope of its RCRA corrective action authorities.
Any future changes to the regulations would be proceeded by a notice of
proposed rulemaking published in the Federal Register for public
comment.
Finally, EPA also retains other authorities to address releases at
RCRA facilities. For example, EPA may take action under RCRA section
7003 where solid or hazardous waste management activities may present
an imminent and substantial endangerment to health or the environment.
And, under RCRA section 3013, EPA may require investigations where the
presence of hazardous waste or releases of hazardous waste may present
a substantial hazard to human health or the environment. In addition,
section 106 of the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980
[[Page 25268]]
(CERCLA),\2\ provides broad authority to take action requiring
abatement if EPA determines there may be an imminent and substantial
endangerment caused by actual or threatened release of hazardous
substances.
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\2\ 42 U.S.C. 9606.
Lee Zeldin,
Administrator.
[FR Doc. 2026-09179 Filed 5-7-26; 8:45 am]
BILLING CODE 6560-50-P
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