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Rule2026-15984

Alaska: Final Authorization of State Hazardous Waste Program

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Published

August 6, 2026

Effective

August 6, 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 has made a final determination that Alaska's hazardous waste program satisfies all requirements for final authorization. Thus, the EPA is granting 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). Alaska's program will operate in lieu of the Federal hazardous waste program in Alaska; however, the EPA will retain jurisdiction and authority to implement the Federal RCRA program in Indian country and areas of exclusive Federal jurisdiction in Alaska.

Full Text

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<title>Federal Register, Volume 91 Issue 150 (Thursday, August 6, 2026)</title>
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[Federal Register Volume 91, Number 150 (Thursday, August 6, 2026)]
[Rules and Regulations]
[Pages 50721-50726]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-15984]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R10-RCRA-2026-2146; FRL-13305-02-R10]

Alaska: Final Authorization of State Hazardous Waste Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final authorization.

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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 has made a final determination that
Alaska's hazardous waste program satisfies all requirements for final
authorization. Thus, the EPA is granting 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). Alaska's program
will operate in lieu of the Federal hazardous waste program in Alaska;
however, the EPA will retain jurisdiction and authority to implement
the Federal RCRA program in Indian country and areas of exclusive
Federal jurisdiction in Alaska.

DATES: This action is effective on August 6, 2026.

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#1a747b6a767f69347f73767f7f745a7f6a7b347d756c"><span class="__cf_email__" data-cfemail="d9b7b8a9b5bcaaf7bcb0b5bcbcb799bca9b8f7beb6af">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. General Information

On February 24, 2026, Alaska submitted an application to administer
the RCRA hazardous waste program, which included a letter from the
Governor, a State hazardous waste program description, an Attorney
General's statement and copies of applicable State statutes and
regulation (amended on March 24, 2026), a Memorandum of Agreement (MOA,
amended July 28, 2026), and a showing of the State's public
participation activities prior to program submission to the EPA. These
documents taken together are hereafter referred to as the application
and provide the basis for the EPA determining that the State's program
is equivalent to the Federal program, as further described in the
following paragraph.

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,

[[Page 50722]]

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 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 Code of Federal Regulations (CFR) part 271.1(i). The EPA's
regulations for final state authorization appear at 40 CFR part 271.

B. What were the comments and responses to the EPA's proposal?

On May 14, 2026, the EPA published a tentative determination
announcing its intent to grant Alaska final authorization for its state
hazardous waste program. Further background on the tentative decision
to grant authorization appears in 91 FR 27229-27234, May 14, 2026.
Along with the tentative determination, the EPA announced the
availability of the application for public comment. The EPA received
four written comments during the May 14 through July 2, 2026, public
comment period. Significant issues raised by the commenters and the
EPA's responses are summarized in the following paragraphs of this
document.
The Agency considered all the points raised and has concluded that
the comments do not provide reason for the EPA to deny or delay the
final authorization of Alaska's hazardous waste program or to modify
the approval. As explained in the tentative decision and further
explained in this final authorization, the EPA finds that Alaska's
hazardous waste program is: (1) equivalent to the Federal program; (2)
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)) and the EPA has determined that it meets all statutory and
regulatory requirements for authorization as established by RCRA. The
EPA's regulations for state authorization appear at 40 CFR part 271.
1. Comment
Three commenters requested the EPA delay final authorization of
Alaska's hazardous waste program until their comments and requests for
clarification are addressed.
[cir] Comment: Alaska Oil & Gas Association recommends that ADEC
address several areas (see 2. and 3. Comments) that AO&GA characterizes
as needing more clarity, or revision in Alaska's regulations before the
EPA grants hazardous waste authorization to Alaska.
[cir] Comment: The Chugach Regional Resources Commission (CRRC)
asks that the EPA and Alaska Department of Environmental Conservation
evaluate cumulative risks and the potential for increased burdens on
rural and Tribal communities and identify safeguards before authorizing
Alaska's hazardous waste program (see 4. Comment).
[cir] Comment: Anonymous recommends that the EPA not enact or
approve the final authorization until all hydrocarbons are prevented
from leaks, spills, or any type of emissions (see Comment 5.).
Response to Comment 1
[cir] The EPA considered all the points raised and has concluded
that these issues are outside the scope of the Agency's decision to
authorize Alaska's hazardous waste program. Commenters may elect to
raise hazardous waste program implementation and coordination issues
with Alaska. The EPA is making a final authorization determination
based on the State program that was submitted by Alaska to the EPA for
authorization, consistent with applicable statutory and regulatory
requirements as enumerated above. The comments do not provide reasons
for the EPA to deny or delay the authorization of Alaska's hazardous
waste program or to modify the approval under the authorization review
framework.
2. Comment
Several comments express concern regarding Alaska's universal waste
regulations at 18 AAC 62.205, 1110, 1135, and 1390 which add electronic
waste as a universal waste stream. These commenters suggest that ADEC
adopt alternative approaches to the regulation of electronic waste than
those that were included in Alaska's authorization submission to the
EPA.
[cir] Comment: Alaska Oil & Gas Association states that:
[ssquf] Only five U.S. States manage electronic waste as universal
waste. The commenter asks why Alaska is managing electronic waste as
universal waste when most states do not.
[ssquf] Alaska's management of electronic waste as universal waste
could lead to shipments being rejected in Washington State.
[ssquf] Analytical testing to show discarded electronic devices are
not RCRA hazardous waste is not a practical solution to electronic
waste management.
[ssquf] Alaska should clarify that electronic devices sent for
resale or legitimate recycling are not discarded and are therefore not
solid waste.
[ssquf] Alaska should define electronic waste consistent with the
EPA's guidance and interpretation.
[ssquf] Alaska should make several changes to Alaska Administrative
Code to clarify applicability, management standards, reporting
requirements, and definition of electronic waste.
[cir] Comment: Aditi Vig asserts that:
[ssquf] Electronic waste should be considered in the hazardous
waste category instead of solid waste because the potential negative
health impacts are detrimental to exposed populations.
[ssquf] Polybrominated diphenyl ethers (PBDEs) exposure is a major
concern for electronic waste disposal. Expanding the oversight of
hazardous waste to rural populations in Alaska will go a long way to
keep Alaskans healthy by keeping the negative health effects associated
with toxic exposure from PBDEs at a minimal level.
Response to Comment 2
[cir] These comments include policy recommendations and suggest
future actions and are outside the scope of the EPA's final
authorization determination. The EPA appreciates the commenters'
concerns about possible PBDE health effects; however, agency review of
individual chemical toxicity and potential health effects is not part
of the EPA's state hazardous waste program authorization process under
RCRA. See also response to Comment 1. for explanation of the basis for
the EPA's final authorization determination.
3. Comment
One Comment related to the applicability of RCRA requirements to
spent leather products that meet a hazardous waste threshold for
chromium.
[cir] Comment: Alaska Oil & Gas Association states that:
[ssquf] After Alaska's hazardous waste program is authorized, ADEC
should interpret that used leather and waste leather products meet the
criteria under 40 CFR 261.(4)(b)(6) hazardous waste exclusion, even if
these spent leather products fail the Toxicity Characteristic Leaching
Procedure (TCLP).
[ssquf] Used leather may meet the hazardous waste threshold for

[[Page 50723]]

chromium because it contains trivalent chromium and hexavalent chromium
resulting from the leather tanning process.
[ssquf] ADEC should issue guidance that used leather products
should not be classified as hazardous waste due to trivalent chromium
content unless the leather is visibly contaminated with another
hazardous substance.
Response to Comment 3
[cir] The Alaska Oil & Gas Association (AO&GA) comments relate to
regulatory interpretations that it wishes ADEC to adopt regarding the
applicability of the 40 CFR 261.4(b)(6) hazardous waste exclusion to
discarded leather. These comments do not provide a basis for the EPA to
deny or delay Alaska's requested program authorization. See also
response to Comment 1. for explanation of the EPA's final authorization
determination.
4. Comment
One commenter provided a list of eight recommendations and several
related comments on behalf of an inter-Tribal organization.
[cir] Comment: The Chugach Regional Resources Commission (CRRC)
makes the following recommendations:
[ssquf] Establish a Tribal Co-stewardship Working Group with
representation from CRRC and CRRC member Tribes.
[ssquf] Maintain clear EPA and ADEC points of contact for rural and
Tribal hazardous waste concerns during and after the hazardous waste
program transition.
[ssquf] Provide plain-language guidance explaining applicable
rules, reporting requirements, inspection procedures, and timelines.
[ssquf] Commit to regular rural and Tribal outreach, including
community visits, training, and technical assistance.
[ssquf] Ensure public access to permits, enforcement actions,
compliance information, and opportunities to raise concerns.
[ssquf] Support capacity-building for Tribal governments to
participate in environmental review, data collection, monitoring, and
enforcement-related processes.
[ssquf] Evaluate cumulative impacts and risks to subsistence
resources, food security, public lands, cultural continuity, and Tribal
governance. CRRC further recommends that the EPA and ADEC evaluate
these risks and identify safeguards prior to final authorization (see
also Comment 1.).
[ssquf] Ensure that State authorization does not reduce the EPA's
involvement, Federal accountability, or support for broader rural
Alaska solid waste issues.
In addition, CRRC's comment identified concerns about possible
State budget constraints that would result in less outreach, technical
assistance, and State enforcement. CRRC further described concerns
related to transparency and the possibility of new State requirements
beyond those in the Federal program. CRRC also commented that a State-
administered program may provide opportunity for program design and
budgeting that reflects rural Alaska hazardous waste issues that may
not be fully addressed under a Federal program.
Response to Comment 4
[cir] The EPA appreciates the Chugach Regional Resources
Commission's engagement on this authorization and recognizes the
Federal Government's trust relationship with federally- recognized
Tribes. The agency considered all the points raised in the CRRC letter
and concluded that, while the comments do not provide reason for the
EPA to deny or delay the authorization of Alaska's hazardous waste
program or to modify the approval, certain comments are relevant to
hazardous waste program implementation. Please see response to Comment
1 forr explanation of the EPA's final authorization determination.
The commenter identified the need for clarity regarding Federal and
State primacy and program implementation roles. The EPA notes that the
State of Alaska currently implements the RCRA solid waste management
program. This authorization does not alter the present approach to
solid waste management issues in Alaska or the EPA's prior approvals of
Alaska's solid waste management program pursuant to RCRA Subtitle D.
Alaska will continue to have primary responsibility for the solid waste
program after the EPA authorizes the State to implement the RCRA
hazardous waste program.
The EPA notes 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 271.1(h) and 271.7(b). Once
final authorization is effective, the EPA will continue to implement
the Federal hazardous waste program in Indian country in the State of
Alaska.
Elements of Alaska's hazardous waste program submission address
CRRC's concerns; identify the State's resources and funding sources;
and describe the EPA's ongoing oversight role. ADEC included a Program
Description in its State hazardous waste program submission to the EPA.
This Program Description estimates program costs and State funding
sources The EPA maintains oversight authority over authorized State
hazardous waste programs and will monitor State activities on a regular
basis. The Memorandum of Agreement (MOA) between the EPA and Alaska
provides the EPA will assess State administration and enforcement of
the hazardous waste program on a continuing basis for equivalence and
consistency with RCRA, this MOA, all applicable Federal requirements
and policies, and for adequacy of enforcement. The EPA may consider, as
part of its regular assessment, written comments about the State's
program administration and enforcement that are received from regulated
persons, the public, Alaska Native Tribal governments and Alaska Native
Claims Settlement Act corporations, and Federal, State and local
agencies. The MOA also includes provisions governing oversight,
information sharing, data management, confidentiality, and public
requests for information, among others. The EPA will continue to work
with State and Tribal partners in Alaska to help support successful
State hazardous waste program implementation and ensure compliance with
laws and regulations.
Following the effective date of authorization, State hazardous
waste program implementation and coordination is the authorized State's
responsibility. Tribes may continue to request government-to-government
consultation with the EPA. The EPA will continue to offer consultation
with federally-recognized Indian Tribes and Alaska Native corporations,
consistent with applicable Federal laws and regulations, and policies.
5. Comment
[cir] Comment: Anonymous recommends that the EPA not enact or
approve the final authorization until all hydrocarbons are prevented
from leaks, spills, or any type of emission(s).
[cir] The commenter additionally states that we need to transition
to clean renewables because of the impact from global warming producing
and consuming fossil fuels.
Response to Comment 5
The EPA interprets these comments as identifying environmental
concerns that are outside of the scope of this authorization. Please
see the response to Comment 1. for an explanation of the basis for the
EPA to deny or delay the authorization of Alaska's hazardous waste
program.

[[Page 50724]]

C. What decisions has the EPA made in this authorization?

The EPA has made the final determination that Alaska's application
meets all the statutory and regulatory requirements established by RCRA
as of May 14, 2026. Therefore, the EPA is granting Alaska final
authorization to operate its hazardous waste program described in the
authorization application, subject to the authority retained by the EPA
under RCRA. Alaska will have responsibility for permitting Treatment,
Storage, and Disposal Facilities (TSDFs) within its borders and for
carrying out the aspects of the RCRA State hazardous waste program
described in its program application, subject to the requirements of
RCRA, including HSWA. New Federal requirements and prohibitions imposed
by Federal regulations that the EPA promulgates under the authority of
HSWA take effect in authorized states before such states are authorized
for the requirements. Thus, the EPA will implement those requirements
and prohibitions in Alaska, including issuing permits, until the State
is granted authorization to do so. Section I. G. of this document
discusses the provisions for which Alaska did not seek authorization as
part of this program submission.

D. What is the effect of this authorization?

The effect of this authorization is that persons in Alaska subject
to RCRA must comply with the authorized State hazardous waste program
requirements in lieu of the corresponding Federal requirements in order
to comply with RCRA. These include Alaska's adopted Federal RCRA
regulations with modifications (effective June 1, 2025). Additionally,
such persons must comply with applicable Federal requirements, such as
HSWA regulations issued by the EPA for which the State has not yet
received authorization, and RCRA requirements that are not supplanted
by authorized State-issued requirements.
As an authorized State, Alaska is responsible for enforcement of
its hazardous waste program. However, the EPA continues to have
independent 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. Regulations for which Alaska is authorized are
already effective under State law and are not changed by this
authorization.

E. What rules are the EPA authorizing with this action?

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.
State hazardous waste requirements that are either equivalent to or
more stringent than the corresponding Federal requirements will become
part of the authorized State program and are federally enforceable.
Upon authorization, the State's hazardous waste program requirements
that are either equivalent to or more stringent than the corresponding
Federal rules will apply in lieu of the Federal rules. State hazardous
waste program requirements that are broader in scope than the Federal
program will not be part of the authorized program and are not
federally enforceable. The application authorized rules are identified
in the chart below.

------------------------------------------------------------------------
Federal hazardous waste
requirements Analogous State authority
------------------------------------------------------------------------
40 CFR parts 124, 260 through 18 Alaska Administrative Code (AAC)
268, 270, 273, and 279 as of 62.1020-18 AAC 62.1320, 18 AAC 62.050-18
July 26, 2024. 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.
------------------------------------------------------------------------

In the discussion below, the EPA also identifies State hazardous
waste requirements that are more stringent or broader in scope.
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. 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 EPA's 2009 Statistical Analysis of
Groundwater Monitoring Data at RCRA Facilities--Unified Guidance (EPA
530-F-09-007) in 18 AAC 62.525(b). In some circumstances this 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 additional 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 cleanup standards for contaminants in soil and groundwater
(18 AAC 75.340-75.345). Where soil or groundwater cleanup standards
differ between State cleanup standards and RCRA-state hazardous waste
program requirements, the more stringent of the standards

[[Page 50725]]

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 includes 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 requirements to be
broader in scope than the Federal requirements.
a. Alaska-Specific Siting Requirements
18 AAC 63--Siting of Hazardous Waste Management Facilities creates
specific location requirements and a public participation process that
facilities must adhere to prior to receiving a permit for a new TSDF,
in addition to other requirements. Some of the requirements within 18
AAC 63 are not addressed in the Federal regulations in 40 CFR 264.18
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. 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.

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 maintains
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 managed under the universal waste regulations is
exempt from the State's standard hazardous waste requirements.
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).
The EPA notes that Alaska will 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 under factors that are analogous to the
factors in 40 CFR 273.81.

G. Federal Regulations Alaska Is Not Adopting in This Final
Authorization

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:
a. 40 CFR part 260 subpart C--Rulemaking Petitions.
b. 40 CFR part 273 subpart G--Petitions to Include Other Wastes
Under 40 CFR part 273.
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). Currently authorized states are not
required to seek authorization for this provision until July 1, 2027.

H. 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 requirements to
receive authorization. The EPA has determined that Alaska can
adequately enforce compliance with its hazardous waste 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).
Who handles permits after this authorization takes effect?
Alaska will issue permits for all the provisions for which it is
authorized and will administer and enforce 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 implement State
oversight of permits through review and comment on State permits as
appropriate, such comments may be incorporated into the permit by the
State. The EPA will continue to oversee 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 an application consisting
of 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 (MOA, amended July 28, 2026), 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 was complete.
In accordance with the process described in RCRA section 3006 and
40 CFR part 271, 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.

[[Page 50726]]

The EPA determines that 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 final 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.
The EPA received four written comments during the May 14 through
July 2, 2026, public comment period. The EPA considered all the points
raised in the comments and concluded that the comments do not provide
reason for the EPA to deny or delay the final authorization of Alaska's
hazardous waste program or to modify the approval. The EPA summarizes
significant comments and the EPA's responses in section I.B. of this
document.

B. How would authorization affect Indian country and areas of exclusive
Federal jurisdiction?

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 271.1(h) and 271.7(b).
Once final authorization is effective, 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.
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. Once final authorization is effective, 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 Denali National Park.

C. 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 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. Statutory and Executive Order Reviews

Additional information about these statutes can be found at <a href="https://www.epa.gov/laws-regulations/laws-and-executiveorders">https://www.epa.gov/laws-regulations/laws-and-executiveorders</a>.

A. Paperwork Reduction Act (PRA)

This final authorization does not impose an information collection
burden under the provisions of the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.)

B. 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 final program authorization does not
create any new requirements and does not directly regulate any
entities.

C. 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.

D. National Technology Transfer and Advancement Act (NTTAA)

This final action 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: July 31, 2026.
Emma Pokon,
Regional Administrator, Region 10.
[FR Doc. 2026-15984 Filed 8-5-26; 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.