State of Alaska proposed implementing its own Hazardous Waste Program under the Resource Conservation and Recovery Act (RCRA) under 18 Alaska Administrative Code (AAC) 62. The proposal was provided for public comment in June 2026, and EPA issued the final authorization on August 6, 2026 in 91 FR 50921.
Alaska’s Hazardous Waste Program
Alaska revised the 18 AAC 62 to largely adopt the federal hazardous waste program in its state regulations, including 40 CFR Parts 124, 260-268, 270, 273, and 279. Alaska Department of Environmental Conservation (DEC) is the primary regulatory agency implementing and enforcing the hazardous waste regulations for hazardous waste generators, universal waste handlers, and permitted treatment, storage, and disposal facilities (TSDF).
Alaska’s program includes a few elements that are more stringent and broader in scope than federal regulations, which are also recognized by the EPA in its assessment:
- Enhanced reporting and notification requirements: annual reports will be required for Small Quantity Generators (SQGs) in addition to Large Quantity Generators (LQGs) and transporters;
- More prescriptive statistical standards for groundwater monitoring: 2009 Statistical Analysis of Groundwater Monitoring at RCRA Facilities (Unified Guidance) is adopted in 18 AAC 62 and will be used broadly for groundwater monitoring;
- Higher standards for corrective actions and cleanup: there are state specific procedural requirements for cleanup that are not required by the federal program and in general more stringent cleanup standards due to the risk-based threshold proposed by Alaska instead of using Maximum Contaminant Level (MCL) for certain chemicals;
- Electronic waste being a universal waste stream: Alaska will manage electronic waste as a waste stream under universal waste to encourage recycling and simplify handling.
Potential Public Concern
Four comments were received during the public comment period, with the following concerns:
- Rural and Tribal protections: Commenters requested evaluation of cumulative impacts on subsistence resources, food security, and cultural continuity, along with meaningful Tribal involvement, transparent compliance information, and continued federal accountability.
- Electronic-waste rules: Industry questioned classification, recycling exemptions, impractical analytical testing, and potential rejection of shipments in Washington. Another commenter emphasized toxic exposure risks, particularly polybrominated diphenyl ethers, for rural populations.
- Discarded leather: Industry sought clarification on the hazardous-waste exclusion for chromium-containing leather, including products that fail Toxicity Characteristic Leaching Procedure (TCLP) testing.
Although these are valid concerns, EPA treated these as implementation issues or outside of the current decision’s scope. Therefore, EPA approved the authorization of the program as-is, emphasizing continued federal oversight and retained jurisdiction in Indian country.
How Trinity Can Help You
ADEC is administering Alaska’s hazardous waste program effective August 6, 2026. Trinity can support you to understand the changes in hazardous regulations, including training, regulatory implementation, and compliance audits, development of plans for managing waste appropriately at your facility, and TSDF RCRA permitting. Reach out to the Seattle Office if you have any questions or would like to request support.
