EPA Withdraws RCRA Corrective Action Hazardous Waste Definition Rule

EPA withdrew its proposed rule to amend the regulatory definition of hazardous waste applicable to corrective action for releases from solid waste management units at RCRA-permitted treatment, storage, and disposal facilities. The withdrawal notice was published May 8, 2026, ending a rulemaking process that began several years ago.

The proposed rule would have changed how contaminated media from solid waste management units is classified as hazardous waste during corrective action at permitted RCRA facilities. With the withdrawal, current regulations under 40 CFR Part 261 remain unchanged.

What This Means for RCRA Corrective Action Sites

The withdrawal preserves the existing regulatory framework for determining when contaminated soil, groundwater, and other media constitute hazardous waste during corrective action investigations and cleanups.

Hazardous Waste Determinations

Consultants working at RCRA corrective action sites continue to follow existing protocols for waste characterization. Contaminated media must still be evaluated against the four RCRA characteristics (ignitability, corrosivity, reactivity, and toxicity) and checked against listed waste codes. The contained-in policy and mixture rule apply as they have for decades.

Permitted Facility Operations

Treatment, storage, and disposal facilities operating under RCRA permits face no changes to their corrective action obligations. Facility operators and their consultants continue working under current guidance for solid waste management unit investigations, interim measures, and final remedies.

Ohio RCRA Program

Ohio operates under EPA authorization for its RCRA program. The withdrawal affects both EPA-led corrective action at federal facilities and Ohio EPA oversight of state-permitted facilities. Ohio’s hazardous waste regulations in OAC Chapter 3745-51 through 3745-69 remain aligned with federal requirements.

What to Do Now

If you work on RCRA corrective action sites, continue following established procedures for waste characterization and management. The regulatory uncertainty created by the proposed rule is now resolved in favor of maintaining current practices.

Check our hazardous waste determination guide for protocols on evaluating contaminated media. For Ohio-specific RCRA requirements, see our program overviews.