Beginning in 2023, State of Alaska planned to implement its own Hazardous Waste Program under the Resource Conservation and Recovery Act (RCRA) instead of EPA serving as the sole authorized authority. Alaska revised its Hazardous Waste Management regulations under 18 Alaska Administrative Code (AAC) 62 in 2025, and submitted the final application to EPA in February 2026. On May 14, 2026, EPA issued the tentative determination of authorizing the program, which is currently in the public comment period ending on July 2, 2026.
State authorization is a rulemaking process where EPA delegates the primary responsibility of implementing and enforcing the RCRA hazardous waste program to individual states. This process ensures national consistency and minimum standards while providing flexibility to states in implementing rules via state code.
Currently, 50 states and territories have been granted authority to implement a RCRA program ranging from regulation of certain non-hazardous and hazardous wastes to underground storage tanks and specific RCRA provisions such as corrective action and land disposal restrictions. State RCRA programs must be at least as stringent as the federal requirements, but states can adopt more stringent requirements as well.
How does the proposed program look like?
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. If the proposed program is approved, Alaska Department of Environmental Conservation (DEC) will be 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 proposed program includes a few elements that are more stringent and broader in scope than federal regulations:
- 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 is proposed to 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 proposed to add electronic waste as a waste stream under universal waste to encourage recycling and simplify handling.
Note that Alaska did not adopt 40 CFR Part 266 Subpart Q (Ignitable Spent Refrigerants Recycled for Reuses) but may pursue authorization of this subpart in future regulatory updates and revision application.
Where EPA will remain its authority
If approved, Alaska will be able to fully enforce the Hazardous Waste Program, including issuance, modification, or revocation of permits, assessing penalties, issuance of corrective action orders, and pursuing criminal violations. However, EPA explicitly retains authority for the following elements:
- Import/export of hazardous waste: EPA continues to track international shipments and approve imports and exports under 40 CFR Part 262, Subpart H;
- E-manifest system: the manifest registry and electronic manifest functions are solely administered by EPA;
- Certain land disposal restrictions under 40 CFR Part 268: EPA retains sole enforcement and decision-making authority over case-by-case effective date extensions, “no-migration” petitions, alternate treatment methods and site-specific treatment variance from a standard.
Additionally, EPA will continue to be the authority for implementation and enforcement of the Hazardous Waste Program over federal lands and Indian country within the State of Alaska.
Next Steps
The tentative determination is currently in public comment period which ends on July 2, 2026. If the process flows as expected, Alaska DEC expects to receive authorization in late August 2026 to operate the Hazardous Waste Program.
Trinity can support you to understand the upcoming 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 Trinity’s Seattle office if you have any questions or would like to request support.
