Proposed Rule2026-09603
Alaska: Tentative Determination on Final Authorization of State Hazardous Waste Management Program
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 14, 2026
Issuing agencies
Environmental Protection Agency
Abstract
The State of Alaska (Alaska or the State) has applied to the United States Environmental Protection Agency (the EPA or the Agency) for final authorization of its hazardous waste program under the Resource Conservation and Recovery Act, as amended (RCRA). The EPA has reviewed Alaska's application and made a tentative determination that Alaska's hazardous waste program satisfies all requirements for final authorization. Thus, the EPA expects to grant final authorization for the State to operate its program subject to the limitations on its authority retained by the EPA in accordance with RCRA, including the Hazardous and Solid Waste Amendments of 1984 (HSWA). If the EPA issues a final approval of Alaska's hazardous waste program, Alaska's program will operate in lieu of the Federal hazardous waste program. The EPA will retain jurisdiction and authority to implement RCRA in Indian country and areas of exclusive Federal jurisdiction in Alaska. Alaska's application for final authorization is available for public review and comment until July 2, 2026. If sufficient public interest is demonstrated, the EPA will hold a public hearing on the application June 25, 2026. The EPA intends to publish a final determination in the Federal Register within 90 days of this tentative determination.
Full Text
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<title>Federal Register, Volume 91 Issue 93 (Thursday, May 14, 2026)</title>
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[Federal Register Volume 91, Number 93 (Thursday, May 14, 2026)]
[Proposed Rules]
[Pages 27229-27234]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-09603]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[EPA-R10-RCRA-2026-2146; FRL-13305-01-R10]
Alaska: Tentative Determination on Final Authorization of State
Hazardous Waste Management Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The State of Alaska (Alaska or the State) has applied to the
United States Environmental Protection Agency (the EPA or the Agency)
for final authorization of its hazardous waste program under the
Resource Conservation and Recovery Act, as amended (RCRA). The EPA has
reviewed Alaska's application and made a tentative determination that
Alaska's hazardous waste program satisfies all requirements for final
authorization. Thus, the EPA expects to grant final authorization for
the State to operate its program subject to the limitations on its
authority retained by the EPA in accordance with RCRA, including the
Hazardous and Solid Waste Amendments of 1984 (HSWA). If the EPA issues
a final approval of Alaska's hazardous waste program, Alaska's program
will operate in lieu of the Federal hazardous waste program. The EPA
will retain jurisdiction and authority to implement RCRA in Indian
country and areas of exclusive Federal jurisdiction in Alaska. Alaska's
application for final authorization is available for public review and
comment until July 2, 2026. If sufficient public interest is
demonstrated, the EPA will hold a public hearing on the application
June 25, 2026. The EPA intends to publish a final determination in the
Federal Register within 90 days of this tentative determination.
DATES: Comments must be received on or before July 2, 2026. Public
hearing: If there is sufficient public interest, the EPA will hold a
public hearing on June 25, 2026. The EPA will publish additional
information about the public hearing date, time, and location if there
is sufficient public interest.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
RCRA-2026-2146 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. For comments submitted
at <a href="http://Regulations.gov">Regulations.gov</a>, follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from the
docket. The EPA may publish any comment received to its public docket.
Do not submit to the EPA's docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> any
information you consider to be Confidential Business Information (CBI),
Proprietary Business Information (PBI), or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. The EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e., on the web, cloud, or other file sharing system). For
additional submission methods, please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section. For the full EPA public
comment policy, information about CBI, PBI, or multimedia submissions,
and general guidance on making effective comments, please visit <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>.
FOR FURTHER INFORMATION CONTACT: Eileen Naples, Land, Chemicals, and
Redevelopment Division (15-H04), Environmental Protection Agency,
Region 10, 1200 Sixth Ave., Suite 155, Seattle, WA 98101; telephone
number: 206-553-6911; email address: <a href="/cdn-cgi/l/email-protection#214f40514d44520f44484d44444f614451400f464e57"><span class="__cf_email__" data-cfemail="c7a9a6b7aba2b4e9a2aeaba2a2a987a2b7a6e9a0a8b1">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Why are State programs authorized?
Section 3006 of RCRA allows the EPA to authorize state hazardous
waste programs to operate in the State in lieu of the Federal hazardous
waste program, subject to the authority retained by the EPA in
accordance with RCRA, including HSWA. The EPA grants authorization if
the EPA finds that the State program is: (1) ``equivalent'' to the
Federal program; (2) is consistent with the Federal program and other
state programs; and (3) provides for adequate enforcement of compliance
with the requirements of the hazardous waste program (RCRA section
3006(b), 42 U.S.C. 6926(b)). States are required to
[[Page 27230]]
impose requirements which are at least as stringent as the Federal
program. States may impose requirements which are more stringent or
broader in scope than the Federal program. 40 CFR 271.1(i). The EPA's
regulations for final State authorization appear at 40 Code of Federal
Regulations (CFR) part 271.
B. What has the EPA tentatively decided on Alaska's application for
authorization?
Alaska lacks an authorized hazardous waste program. Prior to
submitting its application to the EPA on February 24, 2026, Alaska
adopted hazardous waste regulations and solicited public comment.
Alaska's application includes the State's response to public comments
received as part of the State public comment period. The EPA reviewed
Alaska's program application and tentatively determined that it meets
all the statutory and regulatory requirements for authorization as
established by RCRA. Therefore, the EPA proposes to grant Alaska final
authorization to operate its hazardous waste program in the State in
lieu of the Federal program, subject to the authority retained by the
EPA in accordance with RCRA, including HSWA. Authorization means that
Alaska will have responsibility for, among other things, permitting
treatment, storage, and disposal facilities (TSDFs) within State
borders and for carrying out the aspects of the hazardous waste program
described in the program application. New Federal requirements and
prohibitions imposed by Federal regulations that the EPA promulgates
under the authority of HSWA take effect in authorized states before
they are authorized for state requirements. Thus, the EPA will
implement those requirements and prohibitions in Alaska until the State
is granted authorization to do so. Section I. H. of this document
discusses the HSWA provisions for which Alaska did not seek
authorization as part of this program submission.
Alaska shared draft application materials with the EPA prior to
sending the Agency the State's official program submission. The EPA
provided Alaska comments on the draft application. In addition, the EPA
held two informational webinars for Alaska Tribal Governments on August
29 and September 19, 2024, and one informational webinar for Alaska
Native Claims Settlement Act (ANCSA) Corporations on August 29, 2024.
The EPA offered government-to-government consultation to federally
recognized Tribes in Alaska and completed a formal Tribal consultation
process with the two Tribes in Alaska that requested direct government-
to-government consultation.
In accordance with RCRA section 3006 (42 U.S.C. 6926) and 40 CFR
271.1 and 271.20(d), the EPA will hold a public hearing on its
tentative decision on June 25, 2026, if sufficient interest is shown.
The public may also submit written comments on the EPA's tentative
determination until July 2, 2026. The EPA will consider all relevant
public comments on its tentative decision during the public comment
period. Issues raised by those comments may be the basis for an EPA
decision to deny final authorization to Alaska. The EPA expects to make
a final decision on whether to approve Alaska's program by August 24,
2026, and will provide notice of the final determination in the Federal
Register. The final action will include a summary of the reasons for
the final determination and a response to all relevant comments
received during the public comment period.
C. What will be the effect of a final decision To grant authorization?
Once the EPA authorizes a State, facilities or persons subject to
RCRA must comply with the authorized State program requirements instead
of the equivalent Federal requirements. Additionally, such persons and
facilities in Alaska must comply with any applicable federally issued
requirements, such as regulations the EPA promulgates under HSWA
authority, for which Alaska has not received authorization, and RCRA
requirements that the EPA does not authorize. Alaska has enforcement
responsibilities under State laws to pursue violations of its hazardous
waste program. The EPA continues to have independent enforcement
authority under RCRA sections 3007, 3008, 3013, and 7003, which
include, among others, the authority to: conduct inspections; require
monitoring, tests, analyses, or reports; and, enforce authorized
program requirements.
A final decision to grant authorization will not impose additional
requirements on the regulated community because Alaska has already
adopted the State regulations and they are in effect in the State.
D. What rules are the EPA proposing To authorize in lieu of the Federal
requirements?
After substantive review of the complete program submission, the
EPA has made a tentative determination that Alaska's hazardous waste
program satisfies the requirements necessary for authorization. Thus,
the EPA proposes to grant Alaska final authorization for the State
hazardous waste program submitted. State hazardous waste program
requirements that are either equivalent to or more stringent than the
corresponding Federal requirements will become part of the authorized
State program.
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 technical
corrections promulgated August 9, 2023 (88 FR 54086) affecting 40 CFR
part 261 subparts M, AA, and CC, and with a few additional
modifications as described in this document. The EPA does not authorize
states for certain Federal regulations relating to import/export
requirements (40 CFR part 262 subpart H), Land Disposal Restrictions
(40 CFR part 268), and manifest registry and electronic manifest
functions administered solely by the EPA (40 CFR part 262 subpart B, 40
CFR part 263 subpart B, 40 CFR part 265 subpart FF, and 40 CFR part 267
subpart E). Alaska has adopted these provisions by leaving the
authority with the EPA for implementation and enforcement.
Upon authorization, the State's hazardous waste management rules
that are either equivalent to or more stringent than the corresponding
Federal rules will apply in lieu of the Federal rules. The applicable
rules are identified as follows.
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Federal hazardous waste requirements Analogous State authority
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40 CFR parts 124, 260 through 268, 270, 18 Alaska Administrative Code
273, and 279 as of July 26, 2024.. (AAC) 62.1020-18 AAC 62.1320,
18 AAC 62.050-18 AAC 62.1000,
18 AAC 62.1030-18 AAC 62.1090,
18 AAC 62.1100-18 AAC 62.1160,
18 AAC 62.1210-18 AAC 62.1280
effective June 1, 2025.
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[[Page 27231]]
E. Alaska Program Provisions That are More Stringent or Broader in
Scope Than the Federal Program
1. More Stringent Provisions
The EPA considers the following Alaska program requirements to be
more stringent than the corresponding Federal requirements.
a. Reporting/Notification Requirements
Alaska's hazardous waste regulations include additional State
reporting and notification requirements, which are not part of the
Federal program. Alaska states that these additional requirements will
create a better record of hazardous waste generation, transportation,
treatment, regulated facilities, and contacts in the State.
Specifically, Alaska requires annual notification for the following
handler categories: (1) Small Quantity Generators (SQGs); (2) Large
Quantity Generators (LQGs); and (3) Transporters. These reporting
requirements are described in 18 AAC 62.301(a)(2), 18 AAC 62.430, and
18 AAC 62.840(b).
b. Statistical Analysis of Groundwater Monitoring
Alaska adopted by reference the 2009 Statistical Analysis of
Groundwater Monitoring at RCRA Facilities (Unified Guidance) in 18 AAC
62.525(b). The Unified Guidance is intended to serve as a guide for
determining the most effective statistical methods for analyzing
groundwater data for detection monitoring under 40 CFR 264.97 and
264.98 and compliance monitoring under 40 CFR 264.99. In some
circumstances the Unified Guidance is more specific regarding the
statistical analysis that must be applied to a particular data set,
which makes the State's adoption of the Unified Guidance as a
regulatory requirement more stringent than the Federal regulations in
these situations.
c. Standards for Corrective Action
18 AAC 62.527 requires that corrective action for a release from a
solid waste management unit must satisfy requirements for the
corrective action program under 18 AAC 62.525 and the State
requirements under the Contaminated Sites Program in 18 AAC 75.300-18
AAC 75.396. These State regulations include specific procedural
requirements for cleanup that are not required by the Federal program,
and, in some cases, the State program includes more stringent standards
for contaminants in soil and groundwater (18 AAC 75.340-75.345). Where
soil or groundwater cleanup standards differ between State regulations
and RCRA regulations, the more stringent of the State and Federal
standards applies (18 AAC 62.527 and 18 AAC 62.630). Alaska's
regulations at 18 AAC 62.850(b) also require that if closure and post-
closure requirements in 40 CFR part 267, subpart F include corrective
action requirements, the facility owner/operator must also comply with
18 AAC 62.527.
2. Broader in Scope Provisions
The EPA considers the following Alaska program requirement to be
broader in scope than the Federal requirements. Alaska-Specific Siting
Requirements 18 AAC 63--Siting of a Hazardous Waste Facility creates
specific location requirements and a public participation process that
facilities must adhere to prior to receiving a permit for a new TSDF.
Some of the requirements within 18 AAC 63 are not addressed in the
Federal regulations and are thus considered broader in scope. 18 AAC
62.1010 (Siting of hazardous waste management facilities) says for new
facilities, not fewer than 365 days before the construction of a
facility requiring a permit, the owner or operator must initiate the
requirements of 18 AAC 63; 18 AAC 63.020 identifies pre-application
requirements for siting approval; and, 18 AAC 63.030 identifies
application requirements for siting approval. The EPA agrees these
regulations establishing State siting requirements are broader in
scope. 18 AAC 63.040 (Location Requirements) establishes minimum
setback requirements for hazardous waste management facilities with
regard to nearby land use and 18 AAC 63.050 identifies State financial
assurance and compliance history siting approval requirements. These
regulations are also broader in scope than Federal regulations.
F. Universal Waste: Electronic Items Added
Alaska's regulations at 18 AAC 62.205, 1110, 1135, and 1390 add
electronic waste as a universal waste stream, which Alaska contends
will result in streamlined handling requirements if the electronic
waste is properly recycled. The State has defined ``electronic waste''
as ``a device that contains one or more circuit boards or other complex
circuitry, including computer components, laptops, central processing
units, mouses, keyboards, monitors, cellular telephones, audio or video
devices, and copy machines; electronic waste includes components,
subassemblies, or other parts derived from the disassembly of
electronic items. It does not include refrigerators, freezers, stoves,
dishwashers, washers, or dryers.'' 18 AAC 62.1390(c)(2). Thus,
electronic waste is exempt from the State's standard hazardous waste
requirements if managed under the universal waste regulations.
Electronic waste that is not a characteristic hazardous waste as
determined by a toxicity characteristic leaching procedure (TCLP)
performed on that specific item or model by the generator or
manufacturer, or other documentation provided by the manufacturer and
approved by the EPA or Alaska, may be managed as solid waste as set out
under the State Solid Waste Management regulations (18 AAC 60).
As justification for adding electronic waste to the State's
universal waste program, Alaska states that electronic waste is a
``fast-growing source of hazardous waste and presents difficulty in
making a hazardous waste determination for the generator, especially in
rural and remote parts of Alaska.'' Alaska states that managing
electronic waste as universal waste will encourage recycling versus
land disposal and allow Small Quantity and Very Small Quantity
Generators to maintain a less complex generator status.
The EPA notes that Alaska proposes to manage electronic waste as
universal waste without adopting 40 CFR part 273 subpart G (Petitions
to Include Other Wastes Under 40 CFR part 273). The EPA acknowledges
that the State may adopt electronic waste as State-only universal waste
without adopting 40 CFR part 273 subpart G as the State regulations as
of June 1, 2025, provide Alaska with the authority to evaluate proposed
State-only universal waste streams for consistency with the factors
described in 40 CFR 273.81. As long as electronic waste meets the
criteria of 40 CFR 273.81, the EPA contends the State may include it in
its universal waste program without seeking and receiving authorization
for 40 CFR part 273 subpart G.
G. Federal Regulations Alaska Is Not Adopting
Alaska did not adopt and is not seeking authorization of the
following Federal regulations. Implementation and enforcement of these
regulations will remain with the EPA.
1. 40 CFR part 260 subpart C-Rulemaking Petitions.
2. 40 CFR part 273 subpart G-Petitions to Include Other Wastes
Under 40 CFR part 273.
[[Page 27232]]
H. Federal Regulations Alaska Is Not Adopting as Part of This
Authorization Package but Plans To Adopt as Part of the State's First
Revision Package
Alaska has not adopted the Federal regulation for the Management of
Certain Hydrofluorocarbons and Substitutes at 40 CFR part 266 subpart Q
(89 FR 82682, October 11, 2024) but has expressed to the EPA that the
State will pursue authorization for this as part of the State's next
regulatory update and revision application. States are not required to
seek authorization for this provision until July 1, 2027.
I. How will the State enforce compliance with the rules?
RCRA section 3006(b) requires that the State provide adequate
enforcement of compliance with the hazardous waste management
requirements to receive authorization. The EPA has tentatively
determined that Alaska can adequately enforce compliance with its
hazardous waste management regulations. Alaska's enforcement
authorities include the power to issue, modify, suspend, or revoke
permits; collect information and enter and inspect the premises of
persons who handle hazardous waste; assess administrative penalties or
initiate action in court for penalties or injunctive relief; issue
abatement and corrective action orders; and pursue criminal violations.
Alaska's enforcement provisions are located at Alaska Statutes (AS)
46.03.020 et seq (2024).
J. Permitting
Alaska will issue permits for all the provisions for which it is
authorized and will administer the permits it issues. The EPA will
continue to administer any RCRA hazardous waste permits or portions of
permits which the EPA issued prior to the effective date of this
authorization until such permits expire or are terminated. When Alaska
either incorporates the terms and conditions of the Federal permits
into State RCRA permits or issues State RCRA permits to those
facilities, the EPA will terminate those previously issued EPA permits
and rely on the State RCRA permits. The EPA will not issue any new
permits or new portions of permits for the authorized provisions after
the effective date of this authorization. The EPA will continue to
implement and issue permits for HSWA requirements for which Alaska is
not yet authorized.
II. Analysis
A. The EPA Review of State Hazardous Waste Program Submission
On February 24, 2026, the State submitted a letter from the
Governor, a state hazardous waste program description, an Attorney
General's statement and copies of applicable State statutes and
regulations (amended on March 24, 2026), a Memorandum of Agreement, and
a showing of the state's public participation activities prior to
program submission to the EPA. Per 40 CFR 271.5(b), the EPA must notify
the State whether its submission is complete within 30 days of receipt
of a State program submission. On March 25, 2026, the EPA determined
Alaska submitted required elements of a program submission consistent
with 40 CFR 271.5 and the submission is complete.
In accordance with the process described in RCRA section 3006, 40
CFR 271.5 and 271.20, the EPA has reviewed Alaska's final program
submission for equivalency with the Federal program; consistency with
the Federal program and State programs applicable in other states; and,
for adequate enforcement of compliance with RCRA requirements. The EPA
makes a tentative determination the State program is equivalent to the
Federal program; consistent with the Federal program and State programs
applicable in other states; and, adequate for enforcement. The EPA also
evaluated where the State is more stringent or broader in scope
compared to the Federal program. The State has identified some areas in
its statutes and regulations where it is broader in scope or more
stringent than the EPA. While the State identified a few differences in
approach, the EPA's tentative determination is the State program is at
least equivalent to the Federal program and includes State regulations
which are more stringent than the Federal regulations and certain State
requirements which are broader in scope than the Federal program. These
differences are identified and discussed in this document.
Section II.B of this document describes the EPA's analysis and
interpretation of certain aspects of Alaska's program submission. It is
important for the regulated community and the public to understand how
the EPA interprets the State's submission and what the EPA is
tentatively approving. The EPA notes that, as currently understood,
these items do not affect the EPA's finding of program equivalency and
the EPA is proceeding with tentative approval. Alaska may provide
supplemental information relevant to this analysis and interpretation
to enhance clarity on these issues.
B. The EPA Comments on the Final Program Submission
1. Characterization of 40 CFR Part 266 Subpart Q
Alaska's Attorney General's Statement notes that because Alaska is
not seeking authorization for 40 CFR part 266 subpart Q (Ignitable
Spent Refrigerants Recycled for Reuse) at this time, the State
regulations with respect to this subpart are broader in scope. The EPA
will not make an equivalency determination until Alaska adopts subpart
Q as part of a future revision to the State regulations.
Since 40 CFR part 266 subpart Q imposed a new Federal requirement
pursuant to HSWA, this requirement took effect in authorized and
unauthorized states at the same time. This requirement is in effect
under the Federal program but will not be included in this
authorization.
2. State Statutes
The EPA has tentatively determined that Alaska has demonstrated
that it has adequate legal authority under state law to implement an
authorized RCRA program. In making this tentative determination it is
not necessary for EPA to broadly characterize these authorities as more
stringent or broader in scope. Rather, the EPA has tentatively
determined that Alaska's regulatory framework set forth in its
submittal meets the requirements for authorization.
Alaska has largely incorporated the Federal regulations into State
regulations by reference, and the EPA finds that the proposed State
program is equivalent to the Federal program, except for the few areas
of modification the EPA noted in section I. of this document. In
several instances, the Attorney General's Statement also characterizes
State statutes as more stringent or broader in scope. For example,
Alaska's Attorney General's statement identifies the State's statutory
authority in AS 46.03 to regulate ``pollution'' as part of its
authority to issue State hazardous waste regulations further
characterize this authority as ``broader in scope'' than the RCRA
subtitle C universe of hazardous wastes. While EPA has tentatively
determined that the State has adequate authority under state law to
implement this program, EPA is not evaluating state statutes for any
other purpose nor is doing so required for authorization.
[[Page 27233]]
3. Characterization of 18 AAC 62.040
Alaska characterizes the State regulations at 18 AAC 62.040
(General modifications to adoptions by reference) as broader in scope
in Attachment C of the Attorney General's Statement (State IBR
Checklist). 18 AAC 62.040 concerns definitions and the substitution of
State terms for Federal terms. The EPA finds that the substitution of
terms provision is necessary to show the State program's equivalency to
the Federal program, therefore, the EPA is proposing to include the
provision in the authorized program.
4. State Substitution of Terms
The EPA notes that Alaska's program submission includes a list of
substitution of terms in the State hazardous waste regulations. Alaska
excludes the substitution of State terms for Federal terms for the RCRA
requirements described in section D. of this document that the EPA does
not authorize states for (for example, import/export authority and E-
Manifest regulations). However, Alaska also includes definitions for
``EPA'' and ``RCRA'' in 18 AAC 62.1390(c)(3) and (7) which the State
regulations describe as relying on the ``context'' in which they appear
to define these terms in the State regulations. To increase clarity for
the regulated community and the public, the EPA requests that Alaska
revise their approach to the substitution of terms in its first
authorization revision package so that it is clearer when a Federal or
State term applies.
5. State Hazardous Constituents
Authorization of a State RCRA program requires that the State
program is equivalent to and consistent with the Federal program, and
provides for adequate enforcement, but allows for the State to be more
stringent or broader in scope. States authorized pursuant to RCRA must
regulate all RCRA hazardous constituents found in Appendix VIII to 40
CFR part 261. The 18 AAC 62.299 adopts by reference 40 CFR part 261
appendix VIII, thus the EPA tentatively determines the State program is
equivalent to the Federal program. Further, under 18 AAC 75, Alaska
regulates several contaminants in addition to those hazardous
constituents listed in Appendix VIII, but 18 AAC 75 does not list two
Appendix VIII hazardous constituents--acrylonitrile and aniline. Where
the standard specified by 18 AAC 75 differs from the standards in
Appendix VIII, Alaska's regulations state that the more stringent of
the two standards applies: ``Where soil or groundwater cleanup
standards differ between this chapter and 18 AAC 75, the applicable
standard is the most stringent of those standards'' (18 AAC 62.527(b)).
Alaska also addresses this topic in the Program Description:
``Standards for Corrective Action'' on page 2, stating, ``Where soil or
groundwater cleanup standards differ between state Oil and Hazardous
Substances Pollution Control regulations and RCRA regulations, the most
stringent of the State and Federal standard applies.''.
6. Closure
In the State's Program Description, Alaska describes long-term
stewardship as an aspect of facility closure (page 31). The EPA
understands that Alaska intended to describe a situation where
hazardous waste program clean-closure standards have not been met.
Alaska may approve site-specific or alternative cleanup levels that are
different from clean-closure standards where such standards are
protective of human health and the environment in accordance with 18
AAC 75. Such facilities would require long-term stewardship to ensure
that the site-specific or alternative cleanup levels remain protective
via institutional and/or engineering controls.
7. Indian Country
The EPA acknowledges that Alaska does not assert State hazardous
waste program authority over Indian country, as defined in Federal
statute (18 U.S.C. 1151); Alaska does not seek State hazardous waste
program authority over Indian lands under 40 CFR 271.7(b). Even if
Alaska's hazardous waste program is authorized by an EPA final
determination, the EPA Region 10 will continue to implement the Federal
RCRA Subtitle C program in Indian country in the State of Alaska.
Alaska has no authority to implement a State hazardous waste program in
lieu of the Federal program in Indian country.
C. Final Determination
In making its final decision, the EPA will consider all relevant
public comments on this notice of tentative determination. The EPA
expects to make a final decision on whether to approve Alaska's program
by August 24, 2026.
This schedule may change if any amendments made to Alaska's
application are substantial following the conclusion of the public
comment period as described in 40 CFR 271.20(b). 40 CFR 271.5(c)
further provides that if the State's application materially changes
during the EPA's review period, the statutory review period begins
again upon receipt of the revised submission. Further, 40 CFR 271.5(d)
provides that the State and the EPA may also extend the review period
by mutual agreement. The EPA intends to give notice of its final
decision in the Federal Register by August 24, 2026. That action will
include a summary of the reasons for the final decision, if made at
that time, and a response to all relevant comments received during the
public comment period.
D. How would authorization affect Indian country and areas of exclusive
Federal jurisdiction?
The EPA retains jurisdiction, authority, and responsibility for the
implementation of the Federal Program in Indian country as defined by
18 U.S.C. 1151 and areas of exclusive Federal jurisdiction within the
State of Alaska. If Alaska receives final authorization for its
proposed hazardous waste program, the State will be authorized to carry
out its hazardous waste program in lieu of the Federal program
consistent with RCRA except in Indian country (as defined by 18 U.S.C.
1151) or in areas of exclusive Federal jurisdiction. Within the State
of Alaska, the EPA maintains full authority and responsibility for the
implementation of RCRA in Indian country and in areas of exclusive
Federal jurisdiction. In these areas, the EPA will continue to
implement the Federal hazardous waste program. For example, the Alaska
Statehood Act section 11 acknowledges the United States retains
exclusive jurisdiction over the Denali National Park.
E. What is codification and will the EPA codify Alaska's hazardous
waste program if authorized in a final action?
Codification is the process of placing citations and references to
the State's statutes and regulations that comprise the State's
authorized hazardous waste program into the Code of Federal
Regulations. The EPA does this by adding those citations and references
to the authorized State rules in 40 CFR part 272. The EPA is not
codifying the authorization of Alaska's hazardous waste program at this
time. However, the EPA reserves the ability to amend 40 CFR part 272
subpart C for the authorization of Alaska's program changes at a later
date. Alaska's hazardous waste regulations are found at 18 AAC 62.
III. Proposed Action
The EPA is proposing to approve Alaska's Hazardous Waste Program
subject to the limitations on its authority retained by the EPA in
[[Page 27234]]
accordance with RCRA, including the Hazardous and Solid Waste
Amendments of 1984 (HSWA).
IV. Statutory and Executive Order reviews
Additional information about these statutes and Executive Orders
can be found at <a href="https://www.epa.gov/lawsregulations/laws-and-executiveorders">https://www.epa.gov/lawsregulations/laws-and-executiveorders</a>.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review. This action proposes to authorize the State of Alaska to
operate its hazardous waste program in lieu of the EPA subject to the
limitations on its authority retained by the EPA in accordance with
RCRA, including the Hazardous and Solid Waste Amendments of 1984.
B. Executive Order 14192: Unleashing Prosperity Through Deregulation
Executive Order 14192 does not apply because it is not a
significant regulatory action and is therefore exempted from review
under Executive Order 12866. Alaska has promulgated new regulations,
not the EPA.
C. Paperwork Reduction Act (PRA)
This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.)
D. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities beyond those
already imposed by State law. The proposed program authorization does
not create any new requirements and does not directly regulate any
entities.
E. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538 and does not significantly or uniquely affect
small governments. This action imposes no enforceable duty on any
State, local or Tribal governments or the private sector.
F. Executive Order 13132: Federalism
This action proposes to authorize the State of Alaska to operate
its hazardous waste program in lieu of the EPA subject to the
limitations on its authority retained by the EPA in accordance with
RCRA, including the Hazardous and Solid Waste Amendments of 1984. This
action does not preempt State law or limit State regulation but
encourages cooperative federalism consistent with RCRA's statutory
directive to authorize state hazardous waste programs to apply in lieu
of the Federal RCRA program.
G. Executive Order 13175: Coordination With Indian Tribal Governments
This action has Tribal implications. However, it will neither
impose substantial direct compliance costs on federally recognized
Tribal governments, nor preempt Tribal law.
This action will impact federally recognized Tribes in Alaska,
tribal governments, and Alaska Native Claims Settlement Act (ANCSA)
regional and village corporations located outside Indian country (18
U.S.C. 1151) because Alaska will implement a State hazardous waste
program in lieu of the Federal program. However, Indian country will
not be impacted by Alaska hazardous waste program authorization.
Through this proposed action, the EPA promulgates no new Federal
regulations that have Tribal implications. Instead, the EPA is directed
by statute to authorize equivalent state hazardous waste programs in
accordance with RCRA and its implementing regulations.
Consistent with Executive Order 13175 and the EPA Policy on
Consultation and Coordination with Indian Tribes, the EPA has adhered
to fundamental principles governing the Federal Government's unique
relationship with Tribes, and offered government-to-government
consultation to federally recognized Tribes in Alaska and ANCSA
corporations to ensure Tribes and ANCSA corporations were offered a
meaningful and timely opportunity to consult the EPA on State
authorization. Two Tribal governments ask to consult with EPA. A
summary of the consultation process is provided in section II. A. of
this document.
H. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. Therefore, this proposed action
is not subject to Executive Order 13045 because it merely authorizes
the proposed State hazardous waste program to operate in lieu of the
EPA.
I. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This proposed action is not subject to Executive Order 13211,
because it is not a significant regulatory action under Executive Order
12866.
J. National Technology Transfer and Advancement Act (NTTAA)
This rulemaking does not involve technical standards.
List of Subjects in 40 CFR Part 271
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous materials transportation,
Hazardous waste, Indian-lands Intergovernmental relations, Penalties,
Reporting and recordkeeping requirements.
Authority: Sections 2002(a), 3006 and 7004(b) of the Solid Waste
Disposal Act, as amended by the Resource Conservation and Recovery
Act, as amended, 42 U.S.C. 6912(a), 6926, 6974(b).
Dated: May 8, 2026.
Emma Pokon,
Regional Administrator, Region 10.
[FR Doc. 2026-09603 Filed 5-13-26; 8:45 am]
BILLING CODE 6560-50-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.