EPA Withdraws Proposed Narrowing of Hazardous Waste Definition for RCRA Corrective Action

The Environmental Protection Agency withdrew a proposed rule on May 8, 2026, that sought to change the regulatory definition of hazardous waste applicable to corrective action for releases from solid waste management units at hazardous waste treatment, storage and disposal facilities.

The action affects owners and operators of RCRA-permitted facilities nationwide that manage solid waste management units with potential releases of hazardous constituents. Per the Federal Register notice, these facilities have operated for decades under the existing corrective action framework established by the Resource Conservation and Recovery Act.

The proposed rule, originally published February 8, 2024, would have amended the regulatory definition of hazardous waste for corrective action purposes and added statutory corrective action authorities to the section of regulations that notes when statutory definitions apply instead of regulatory ones.

The withdrawal, signed by President Donald Trump and effective May 8, 2026, returns the program to the pre-2024 status quo. The agency stated the revisions would have complicated rather than contributed to efficient implementation of corrective action.

Downstream, permitted facilities will continue corrective action under the existing regulatory and statutory definitions without new compliance mapping or revisions to permits already issued. States authorized to run their own RCRA programs face no immediate requirement to update regulations or guidance.

EPA must now consider alternative approaches if it still intends to clarify corrective action scope, potentially restarting any revision process with fresh notice and comment. Congress retains oversight through its RCRA reauthorization and appropriations authority.

This withdrawal follows the original proposal issued during the prior administration. The document is the first formal EPA action on the 2050-AH27 rulemaking since the February 2024 proposal opened for public comment.