Notice2026-18754
Request for Information on Test Methods for Evaluating Solid Waste (SW-846), Waste Sampling and Toxicity Characteristic Leaching Procedure (TCLP) Testing
Primary source
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Published
September 14, 2026
Issuing agencies
Environmental Protection Agency
Abstract
EPA updates test methods and waste sampling guidance as part of routine updates according to the Resource Conservation and Recovery Act (RCRA). To aid in the implementation of these directives, the Office of Resource Conservation and Recovery (ORCR) within the Environmental Protection Agency (EPA) requests information on SW-846 method experiences, needs, and requirements. ORCR is specifically interested in information on the Toxicity Characteristic Leaching Procedure (TCLP) Method 1311, including method challenges, and alternatives. Information is welcome from stakeholders involved in requesting, performing, and evaluating the results from SW-846 methods including, but not limited to, industry stakeholders, researchers, academia, state, Tribal, and local governments. This includes U.S. territories and the District of Columbia, other federal agencies, community groups, non-governmental organizations, the public, and international organizations. The EPA will use the information received in response to this request for information (RFI) to inform what action, if any, it may take.
Full Text
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<title>Federal Register, Volume 91 Issue 176 (Monday, September 14, 2026)</title>
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[Federal Register Volume 91, Number 176 (Monday, September 14, 2026)]
[Notices]
[Pages 58117-58121]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-18754]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OLEM-2026-7360; FRL-13555-01-OLEM]
Request for Information on Test Methods for Evaluating Solid
Waste (SW-846), Waste Sampling and Toxicity Characteristic Leaching
Procedure (TCLP) Testing
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice; request for information.
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SUMMARY: EPA updates test methods and waste sampling guidance as part
of routine updates according to the Resource Conservation and Recovery
Act (RCRA). To aid in the implementation of these directives, the
Office of Resource Conservation and Recovery (ORCR) within the
Environmental Protection Agency (EPA) requests information on SW-846
method experiences, needs, and requirements. ORCR is specifically
interested in information on the Toxicity Characteristic Leaching
Procedure (TCLP) Method 1311, including method challenges, and
alternatives. Information is welcome from stakeholders involved in
requesting, performing, and evaluating the results from SW-846 methods
including, but not limited to, industry stakeholders, researchers,
academia, state, Tribal, and local governments. This includes U.S.
territories and the District of Columbia, other federal agencies,
community groups, non-governmental organizations, the public, and
international organizations. The EPA will use the information received
in response to this request for information (RFI) to inform what
action, if any, it may take.
DATES: Comments and information must be received on or before November
13, 2026 to allow for consideration in any short-term updates to the
methods. The EPA may consider comments received after the due date to
the extent practicable.
ADDRESSES: EPA invites submission of the requested information,
identified by Docket ID No. EPA-HQ-OLEM-2026-7360, by any of the
following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the online instructions for submitting your
comments.
<bullet> Hand Delivery or Courier: EPA Docket Center, WJC West
Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC 20004.
The Docket Center's hours of operations are 8:30 a.m.-4:30 p.m.,
Monday-Friday (except Federal Holidays).
Instructions: All submissions received must include the Docket ID
No. EPA-HQ-OLEM-2026-7360 for this document. Comments received may be
posted without change to <a href="https://www.regulations.gov/">https://www.regulations.gov/</a>, including any
personal information provided. For detailed instructions on sending
comments see the ``Public Participation'' heading of the SUPPLEMENTARY
INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Troy Strock, Waste Identification,
Notice, and Generators Division, Office of Resource Conservation and
Recovery, Environmental Protection Agency, 1200 Pennsylvania Avenue NW,
Mail Code 5304T, Washington, DC 20460; telephone number: (202) 566-
0504; email address: <a href="/cdn-cgi/l/email-protection#433037312c20286d37312c3a032633226d242c35"><span class="__cf_email__" data-cfemail="017275736e626a2f75736e78416471602f666e77">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Public Participation
Written Comments
Submit your comments, identified by Docket ID No. EPA-HQ-OLEM-2026-
7360, at <a href="https://www.regulations.gov">https://www.regulations.gov</a> (our preferred method), or the
other methods identified in the ADDRESSES section. 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
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). Please visit <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a> for additional submission methods; the
full EPA public comment policy; information about CBI, PBI, or
multimedia submissions; and general guidance on making effective
comments.
Comments containing references, studies, research, and other
empirical data that are not widely published should include copies or
electronic links of the referenced materials. No confidential and/or
business proprietary information, copyrighted information, or
personally identifiable information should be submitted in response to
this RFI. Privacy note: All comments received from members of the
public will be available for public viewing on
[[Page 58118]]
<a href="http://Regulations.gov">Regulations.gov</a>. In accordance with FAR 15.202(3), responses to this
document are not offers and cannot be accepted by the Federal
Government to form a binding contract. Additionally, those submitting
responses are solely responsible for all expenses associated with
response preparation.
II. General Information
What is the purpose of this RFI?
The work supports the Agency's ability to: foster new technologies
for managing waste, recovering resources and reducing environmental
impact such as is covered under the Resources Conservation and Recovery
Act (RCRA) section 8001; and conduct comprehensive studies on specific
solid and hazardous waste streams as covered under RCRA section 8002.
The work will be used to consider updates to EPA's Tests Methods for
Evaluating Solid Waste (SW-846), which provides the official analytical
methods for characterizing hazardous wastes under RCRA. RCRA section
2002 authorizes updates to test methods and waste sampling guidance.
III. Background
The SW-846 Compendium is the official collection of test methods
for compliance with RCRA and includes more than 220 sampling and
analytical methods for project planning, sample collection and quality
control. SW-846 methods are used for RCRA hazardous waste
identification and treatment and for contaminated site assessment and
cleanup under RCRA and the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA), emergency response work, the
Underground Storage Tanks program, and the Brownfields program.
SW-846 methods updates are necessary to keep up with scientific
advances, new equipment, changing technology, and new analytical needs
to remain useful. Analytical methods updates can also reduce costs for
identification and/or treatment of hazardous waste or for cleanup of
contaminated sites.
A few SW-846 methods are incorporated by reference in federal RCRA
regulations--they are either required for RCRA compliance testing, or
the results are definitive for determining the regulatory status of a
waste (e.g., Method 1311 Toxicity Characteristic Leaching Procedure for
toxicity characteristic hazardous waste). Some methods are also
incorporated by reference in other regulations: e.g., 40 CFR part 761
TSCA PCB cleanup and disposal and 40 CFR part 503 Biosolids. Most SW-
846 methods, however, are published as guidance (i.e., ``non-regulatory
methods'').
The Agency uses the Toxicity Characteristic Leaching Procedure
(TCLP) to estimate the potential for wastes to leach hazardous
constituents to groundwater, where they may be transported to a
drinking water well, which may in turn result in human exposure to the
toxic constituent. TCLP is designed to reflect conditions likely to
occur in a municipal solid waste (MSW) landfill, as the Agency
identified industrial waste co-disposal in an MSW landfill as plausible
management for unregulated waste.
In 1980, prior to development of the TCLP, the Agency adopted the
Extraction Procedure (EP) to identify wastes likely to leach hazardous
concentrations of particular toxic constituents into the groundwater
under conditions of improper management (45 FR 33110 May 19, 1980). In
1986, the Agency proposed a modified leaching procedure, the TCLP, to
replace the EP (51 FR 21648, June 13, 1986). The Agency promulgated the
final rule on the application of the TCLP in 1990 (55 FR 11827, March
29, 1990).
In 1991 and 1999, the Science Advisory Board (SAB) reviewed the
Agency's leaching evaluation methodology and expressed concern about
the widespread non-regulatory use of TCLP, including for estimating
leaching under conditions that are substantially different from the
conditions built into TCLP (such as contaminated sites). The SAB
recommended that EPA develop a new, flexible methodology that can more
accurately estimate leaching under a broader range of conditions.
In 1998, the EPA proposed (63 FR 25430 May 8, 1998) that some of
the required uses of SW-846 methods were not necessary. In addition,
members of the regulated community requested the opportunity to use
other reliable methods to comply with RCRA. The Methods Innovation Rule
(70 FR 34538 June 14, 2005) removed most required uses of SW-846
methods and allowed more flexibility in test method selection. The rule
allowed laboratories to use non-SW-846 methods, provided the facility
or laboratory demonstrates the data are of appropriate quality to limit
the risk of making decision errors and ensure that waste management
decisions are protective of human health and the environment. All SW-
846 methods were covered by this rule except for methods that involve
determination of method-defined parameters (MDPs), such as TCLP, which
must be followed for regulatory compliance.
In 2016, EPA further streamlined the approval process for non-
regulatory methods in SW-846 (81 FR 66276, September 27, 2016).
To address the SAB concerns, EPA initiated a program to identify
and validate a next generation of leach testing approaches. The
Leaching Environmental Assessment Framework (LEAF) analytical methods
(SW-846 Methods 1313, 1314, 1315, 1316) were designed to consider the
impact on leaching of waste forms and environmental conditions that are
known to affect leaching, and which vary in value for different wastes
and disposal conditions. The published LEAF methods have only been
validated for inorganic chemicals. EPA is currently conducting research
and development to adapt the leaching methods to address organic
constituents as well.
LEAF is intended for situations where an assessment tailored to
site conditions is needed where the conditions differ from the disposal
scenario addressed by TCLP, and TCLP is not required by RCRA
regulations (that is, the waste is not subject to land disposal
restrictions (LDR) treatment requirements that rely on TCLP or is not
RCRA hazardous waste). These uses include delisting, beneficial use
assessments, and treatment effectiveness evaluations.
IV. Request for Information
EPA has identified some key information categories on which
stakeholder insights would be most helpful:
<bullet> Waste Sampling
<bullet> TCLP
<bullet> LEAF
<bullet> Other SW-846 Method Needs, Uses, and Issues
Following each information category, EPA has included a list of
suggested questions as a helpful guide for consideration in preparing
comments. EPA provides these questions simply to guide the type of
comments the Agency would find useful to help inform development,
updates, and prioritization of methods and guidance. EPA also requests
that commenters include, wherever possible, supporting data or other
qualitative information such as information about the barriers and
challenges to performing the methods, successful guidance and use of
methods, and details on measurable benefits for industry, government,
or consumers.
[[Page 58119]]
A. Waste Sampling Challenges, Best Practices and EPA Guidance
The suggested questions below provide an opportunity for all
commenters to provide input on sampling guidance challenges and best
practices. EPA is particularly interested in collecting information on
sampling and testing of heterogeneous wastes, such as discarded solar
panels, that may be particularly challenging for making hazardous waste
determinations. EPA is also interested in any existing studies or
reports with background information on updated waste sampling
procedures. Suggested questions to consider for comment submission
include:
<bullet> What challenges or barriers does your organization face
regarding waste sampling?
<bullet> Which types of wastes or waste properties present the
biggest challenges related to sampling, and why?
<bullet> Does your organization currently manage heterogeneous
wastes such as debris, multi-component electronic devices, solar panels
or other wastes that present a particular challenge with regard to
sampling for the purpose of compliance with RCRA Subtitle C
regulations? If so, how does your organization currently address these
types of wastes?
<bullet> What information resources, tools or guidance would help
your organization address the challenges or barriers you've identified
related to waste sampling?
<bullet> Is EPA's existing guidance on waste analysis plans and
waste sampling \1\ useful for your organization? Are there any
information or data gaps that would improve the usefulness of this
guidance? Would it benefit your organization for EPA to update this
guidance to include examples or case studies that address the
challenges or barriers you've identified?
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\1\ Draft Technical Guidance about Waste Sampling under the
Resource Conservation and Recovery Act (RCRA), found at: <a href="https://www.epa.gov/hw-sw846/draft-technical-guidance-about-waste-sampling-under-resource-conservation-and-recovery-act">https://www.epa.gov/hw-sw846/draft-technical-guidance-about-waste-sampling-under-resource-conservation-and-recovery-act</a>.
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<bullet> What references, other than those published by EPA, does
your organization rely on for waste sampling (e.g., standards issued by
voluntary consensus standard bodies such as ASTM International,
guidance issued by state or local government agencies or other federal
agencies, or other policies, regulations or guidance)?
B. TCLP Challenges and Opportunities for Improvement
The Toxicity Characteristic Leaching Procedure (TCLP), SW-846
Method 1311, is used for toxicity characteristic hazardous waste
determinations under the characteristic hazardous waste regulations at
40 CFR 261.24 and for compliance with numeric standards for
nonwastewaters under the LDR regulations at 40 CFR 268.48. TCLP is
designed to simulate leaching under mildly acidic conditions that might
exist in an early stage municipal solid waste landfill.
Several technical and practical issues have been raised by the
regulated community and others regarding the applicability of the TCLP
for identifying hazardous waste. A number of comments were submitted to
the Agency in response to the June 13, 1986 proposal to replace the EP
with the TCLP. The Agency responded to the comments in the final rule
but also decided to further evaluate modifications to the TCLP. The
Agency stated that further improvements in the TCLP will be proposed as
they are developed. Additional concerns have been raised by commenters
during later rulemakings (e.g., by the SAB and rules addressing newly
listed or identified wastes). The identified concerns included:
<bullet> TCLP can underestimate leaching of contaminants from some
highly alkaline wastes or exposure to alkaline environments.
<bullet> TCLP can underestimate leaching of contaminants from oily
wastes and some paint wastes.
<bullet> TCLP may not accurately mimic conditions commonly found in
non-hazardous industrial waste landfills.
<bullet> TCLP may underestimate the chelation-facilitated mobility
of some waste constituents.
<bullet> TCLP does not account for the oxidation/reduction
reactions occurring in landfills.
<bullet> TCLP may not accurately predict long-term mobility of
organic contaminants in some treated wastes.
<bullet> TCLP may not be appropriate for some contaminated soils.
<bullet> TCLP does not predict releases to non-groundwater
pathways.
EPA is requesting information from the public on the current state
of TCLP use and of compliance with TCLP numerical standards. Suggested
questions to consider for comment submission include:
<bullet> What challenges or barriers does your organization face
when using Method 1311 for RCRA regulatory compliance testing? \2\
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\2\ RCRA regulations based on TCLP include toxicity
characteristic hazardous waste determinations at 40 CFR 261.24 and
treatment standards for hazardous non-wastewaters under the Land
Disposal Restrictions regulations at 40 CFR 268.48.
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<bullet> Which types of wastes or waste properties present the
biggest challenges for TCLP testing, and why?
<bullet> Are there specific process steps in Method 1311 that are
particularly challenging or ambiguous?
<bullet> What kinds of benefits or costs would your organization
experience if EPA updated the method or issued interpretive guidance?
For example, the following issues have been raised by previous method
users:
[cir] Method 1311 provides a maximum particle size, but not a
minimum particle size.
[cir] Method 1311 allows vacuum filtration to be used for liquid-
solid separations, but the applicability is limited.\3\
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\3\ Method 1311 section 4.3.2 states that ``Vacuum filtration
can only be used for wastes with low solids content (<10%) and for
highly granular, liquid-containing wastes.'' <a href="https://www.epa.gov/sites/default/files/2015-12/documents/1311.pdf">https://www.epa.gov/sites/default/files/2015-12/documents/1311.pdf</a>.
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<bullet> What additional information resources or tools would be
most helpful for your organization to overcome challenges related to
TCLP testing?
<bullet> Has your organization developed any additional training
materials or handbooks to assist in performing Method 1311?
C. Leaching Environmental Assessment Framework (LEAF) as an Alternative
to TCLP
The Leaching Environmental Assessment Framework (LEAF) analytical
methods \4\ (SW-846 Methods 1313, 1314, 1315, 1316) developed for
inorganics were designed to consider the impact on leaching of waste
forms and environmental conditions that are known to affect leaching,
and which vary in value for different wastes and disposal conditions.
Therefore, LEAF considers the impact on leaching of varying pH of the
leachate, varying the liquid-to-solid ratio (or the amount of liquid
contacting the waste), and the waste form (e.g., granular materials
such as soils or monolithic solids such as a concrete block). The LEAF
tests include equilibrium tests on sieved or particle-size reduced
solids (which can identify maximum plausible leaching) but also include
dynamic leaching tests to estimate mass transfer rates and provide
better estimates of constituent mass release and flux from granular or
monolithic solid waste forms. The published LEAF methods have only been
validated for inorganic chemicals, and EPA is currently conducting
research and development to adapt the
[[Page 58120]]
leaching methods to address organic constituents as well.
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\4\ <a href="https://www.epa.gov/hw-sw846/leaching-environmental-assessment-framework-leaf-methods-and-guidance">https://www.epa.gov/hw-sw846/leaching-environmental-assessment-framework-leaf-methods-and-guidance</a>.
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The LEAF methods are intended for situations where an assessment
tailored to site conditions is needed where the conditions differ from
the disposal scenario addressed by TCLP, and TCLP is not required by
RCRA regulations (that is, the waste is not subject to LDR treatment
requirements that rely on TCLP or is not RCRA hazardous waste). Uses
include delisting, beneficial use assessments, and treatment
effectiveness evaluations.
EPA is considering providing a regulatory alternative to TCLP
testing for wastes to evaluate leaching of chemicals from wastes
disposed in lined landfills other than municipal solid waste
landfills.\5\Alternative aqueous leaching tests such as the LEAF
methods could be used to evaluate leaching of regulated chemicals from
wastes that considers the physical waste form and the range of
conditions to which it would be exposed at a given disposal site,
thereby ensuring disposal of the waste is protective of human health
and the environment. EPA is still considering options for how best to
define the range of conditions to be used for testing, including using
measured leachate properties from a specific landfill site, or using
leachate properties from landfills of similar types and/or geographic
areas.
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\5\ 40 CFR part 258 provides criteria for municipal solid waste
landfills regulated under RCRA subtitle D <a href="https://www.ecfr.gov/current/title-40/chapter-I/subchapter-I/part-258">https://www.ecfr.gov/current/title-40/chapter-I/subchapter-I/part-258</a>.
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EPA is requesting information from the public on whether
alternative leaching methods would be useful for evaluation of waste
leaching under alternative conditions, such as those that exist in
landfills other than municipal solid waste landfills regulated under
RCRA subtitle D at 40 CFR part 258. Suggested questions to consider for
comment submission include:
For Hazardous Waste Generators or Hazardous Waste Treatment,
Storage, and Disposal Facilities:
<bullet> What alternative leaching tests, if any, does your
organization currently use to aid in hazardous waste identification
and/or LDR compliance?
<bullet> What are the barriers and sources of demand for using LEAF
for your organization?
[cir] Would your organization potentially benefit from having more
flexibility to make site-specific evaluations of aqueous leaching from
waste for disposal in a landfill other than a municipal solid waste
landfill?
[cir] Does your organization currently produce or manage a toxicity
characteristic hazardous waste stream that potentially would not exceed
leaching-based RCRA regulatory thresholds under management conditions
at a non-MSW landfill?
<bullet> What kinds of benefits or costs would your organization
experience if EPA made regulatory updates consistent with this approach
for waste disposal?
<bullet> What impacts would the cost of LEAF testing, relative to
TCLP, have on your organization's likelihood of using this regulatory
alternative compared to your current waste management practices?
For RCRA Subtitle C authorized States:
<bullet> What specific wastes or management situations does your
organization encounter that would benefit most from using the LEAF
approach?
<bullet> What challenges or barriers would your organization have
to overcome to adopt RCRA regulatory updates to provide flexibility in
complying with RCRA regulatory thresholds currently based on TCLP?
<bullet> How much additional cost would your organization incur to
implement this regulatory alternative compared to your current
practices, and could these additional costs be offset with an
additional fee?
<bullet> What additional technical support or other resources would
your organization need to support this regulatory flexibility?
<bullet> Does your organization have any suggestions for how EPA
could facilitate state adoption of a more flexible regulatory approach
for waste testing such as using the LEAF methods to ensure disposal of
wastes will be protective of human health and the environment?
<bullet> Does your organization have any suggestions for how to
define the range of conditions across which wastes would need to be
tested to ensure disposal of wastes will be protective of human health
and the environment?
D. Other SW-846 Method Needs, Uses, and Issues
The Methods Innovation Rule (70 FR 34538, June 14, 2005) removed
certain required uses of SW-846 methods, and to allow more flexibility
in test method selection. The rule allowed laboratories to modify SW-
846 methods, provided the modified method meets the defined quality
assurance parameters established in the method or defined for the
project; and to use non-SW-846 methods, provided the method falls
within EPA's parameter to protect human health and the environment. All
SW-846 methods were covered by this rule except for methods that
involve determination of method-defined parameters (MDPs), such as
TCLP, which must be followed to the letter for regulatory compliance.
In 2016, EPA further streamlined the approval process for non-
regulatory methods in SW-846 (81 FR 66276, September 27, 2016). Some
MDP were updated in the Modernizing Ignitable Liquids Determination
Rule (85 FR 40594, July 7, 2020).
EPA is requesting information from the public on MDPs and SW-846
methods including how they are used, testing challenges, and needs for
updates and new methods. Suggested questions to consider for comment
submission include:
For Hazardous Waste Generators/Treatment, Storage, and Disposal
Facilities:
<bullet> Which SW-846 methods are the most useful for your
organization?
<bullet> Which SW-846 methods are most in need of revision due to
equipment obsolescence, capacity constraints, quality limitations, or
other challenges?
<bullet> What are the highest priority gaps in SW-846 methods for
identifying hazardous waste characteristics?
<bullet> What are the highest priority gaps in SW-846 methods for
demonstrating compliance with LDR requirements?
<bullet> Which aspects of waste management present the biggest
hazardous waste identification challenges for your organization, e.g.,
waste sampling, testing, transport, treatment, or disposal, and why?
<bullet> What additional challenges does your organization have
with using current SW-846 methods? For example, what unmet methods-
related needs, if any, does your organization have for RCRA regulatory
compliance testing?
For RCRA-authorized States:
<bullet> What are the biggest uncertainties related to methods that
your organization has for assuring compliance with hazardous waste
characteristic regulations or compliance with numeric standards for
treated hazardous wastes?
<bullet> What challenges does your organization have with using
current SW-846 methods?
<bullet> What unmet methods-related needs does your organization
have related to RCRA regulatory compliance?
<bullet> What opportunities and challenges does your organization
face with adopting updated methods?
V. Disclaimer and Important Note
This RFI is issued solely for information, research and planning
purposes and does not constitute a Request for Proposals (RFP) or a
Request
[[Page 58121]]
for Applications (RFA). Any information obtained as a result of this
RFI is intended to be used by EPA on a non-attribution basis to support
EPA's efforts to evaluate potential updates to SW-846 Methods,
including Methods 1311 (TCLP), 1313-1316 (LEAF), and Waste Sampling
Guidance. This RFI does not constitute a formal solicitation for
proposals or abstracts. Your response to this document will be treated
as information only. This RFI does not represent any award commitment
on the part of EPA, nor does it obligate EPA to pay for costs incurred
in the preparation and submission of any responses.
Steven Cook,
Principal Deputy Assistant Administrator, Office of Land and Emergency
Management.
[FR Doc. 2026-18754 Filed 9-11-26; 8:45 am]
BILLING CODE 6560-50-P
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