Finalized and Proposed Hazardous Waste Rules

Finalized Federal Rules and Status of State Adoption

Technical Corrections for the Hazardous Waste Generator Improvements Rule, the Hazardous Waste Pharmaceuticals Rule, and the Definition of Solid Waste Rule (effective in North Carolina December 7, 2023)

EPA Method 23-Determination of Polychlorinated Dibenzo-p-Dioxins and Polychlorinated Dibenzofurans From Stationary Sources (effective in North Carolina March 20, 2023)

Conforming Changes to Canada-Specific Hazardous Waste Import-Export Recovery and Disposal Operation Codes (effective in North Carolina October 31, 2021)

Modernizing Ignitable Liquids Determinations (effective in North Carolina September 8, 2020)

Adding Aerosol Cans to the Universal Waste Regulations (effective in North Carolina February 7, 2020)

Management Standards for Hazardous Waste Pharmaceuticals and Amendment to the P075 Listing for Nicotine (see effective dates below)

Safe Management of Recalled Airbags - Final Rule (effective in North Carolina November 30, 2018) 

Hazardous Waste Generator Improvements Rule (effective in North Carolina March 1, 2018)

User Fees for the Electronic Hazardous Waste Manifest System and Amendments to Manifest (effective in North Carolina June 30, 2018)

Hazardous Waste Export-Import Revisions (effective in North Carolina December 31, 2016)

Revision to the Definition of Solid Waste (effective in North Carolina December 1, 2015)

 

Proposed Federal Rules

Revisions to Standards for the Open Burning/Open Detonation of Waste Explosives – Proposed Rule

Listing of Specific PFAS as Hazardous Constituents – Proposed Rule

  • EPA proposed changes to the Resource Conservation and Recovery Act (RCRA) regulations by adding nine specific per-and polyfluoroalkyl substances (PFAS), their salts, and their structural isomers, to its list of hazardous constituents in Title 40 of the Code of Federal Regulations Part 261 Appendix VIII. These nine PFAS are:
    • Perfluorooctanoic acid (PFOA), 
    • Perfluorooctanesulfonic acid (PFOS), 
    • Perfluorobutanesulfonic acid (PFBS), 
    • Hexafluoropropylene oxide- dimer acid (HFPO–DA or GenX), 
    • Perfluorononanoic acid (PFNA), 
    • Perfluorohexanesulfonic acid (PFHxS), 
    • Perfluorodecanoic acid (PFDA), 
    • Perfluorohexanoic acid (PFHxA), and 
    • Perfluorobutanoic acid (PFBA). 
  • EPA’s criteria for listing substances as hazardous constituents under RCRA require that they have been shown in scientific studies to have toxic, carcinogenic, mutagenic, or teratogenic effects on humans or other life forms. 
  • If finalized, when corrective action requirements are imposed at a facility, these PFAS would be among the hazardous constituents expressly identified for consideration in RCRA facility assessments and, where cleanup through the RCRA corrective action process at RCRA treatment, storage, and disposal facilities.  
  • Additional Information on the Proposal to List Nine Per- and Polyfluoroalkyl Compounds as RCRA Hazardous Constituents
  • Frequent questions about the difference between a hazardous substance, a hazardous constituent, and a hazardous waste.

Definition of Hazardous Waste Applicable to Corrective Action for Releases From Solid Waste Management Units - Proposed Rule

Rulemaking effort started by EPA to propose waste solar panels as a federal universal waste and add special universal waste standards for lithium batteries

  • EPA is initiating a new rulemaking effort to improve the recycling and management of end-of-life hazardous waste solar panels and lithium batteries.  EPA is in the early stages of a proposed federal rulemaking effort to add hazardous waste solar panels to the universal waste regulations and to add tailored universal waste standards for lithium batteries.  EPA is working on this rulemaking in part in response to a petition submitted by a broad coalition of industry associations to regulate solar panels as universal waste.  EPA is also working on adjustments within the universal waste regulations to improve safety standards and reduce fires from mismanaged end-of-life lithium batteries.  
  • Proposed rule is anticipated June 2025.

Management of Certain Hydrofluorocarbons and Substitutes under Subsection (h) of the American Innovation & Manufacturing Act 

Used Drum Management and Reconditioning

  • The EPA is seeking input on future options to address impacts to human health and the environment noted in the Damage Case Report, and is requesting information and comments to assist in the development of options that would ensure the proper management of industrial containers that held hazardous chemicals or hazardous waste, at industrial facilities, hazardous waste generators, and others generating or managing used containers and residues, as well as transporters and receiving facilities (i.e., drum reconditioners).  Options could include revising the Resource Conservation and Recovery Act (RCRA) regulations or other, non-regulatory options such as implementing best management practices. This Advance Notice of Proposed Rulemaking (ANPRM), itself, does not propose any regulatory requirements or change any existing regulatory requirements. 
  • The EPA published the Used Drum Management and Reconditioning Advance Notice of Proposed Rulemaking (ANPRM) to help the Agency plan for future action to address significant issues identified across the lifecycle of used industrial containers and to identify potential solutions to issues highlighted in its September 2022 Drum Reconditioner Damage Case Report, which found environmental impacts at drum reconditioning facilities. 

  • Additional information on Used Drum Management and Reconditioning Advance Notice of Proposed Rulemaking