Arkansas Waste Rules Get Federal Stamp of Boring Approval
Published Date: 11/18/2025
Rule
Summary
The EPA officially includes Arkansas' hazardous waste rules into federal law starting December 18, 2025. This means Arkansas businesses and waste handlers must follow these approved state rules, which the EPA will enforce. No new changes or costs are introduced now—this just confirms and locks in the state's program as part of the federal system.
Analyzed Economic Effects
4 provisions identified: 1 benefits, 1 costs, 2 mixed.
EPA Will Continue Enforcing HSWA Until State Authorization
The EPA will not amend 40 CFR part 272 to include Hazardous and Solid Waste Amendments (HSWA) requirements until Arkansas receives authorization for State analogs. Under section 3006(g) of RCRA, HSWA requirements implemented by EPA take effect in authorized and non-authorized States at the same time, and EPA will continue to enforce those HSWA standards until Arkansas is authorized for them.
Arkansas Hazardous Waste Rules Made Federal
On December 18, 2025, the EPA incorporated by reference Arkansas' authorized hazardous waste statutes and regulations into the Code of Federal Regulations (40 CFR part 272, subpart E). Arkansas businesses and hazardous-waste handlers are now subject to those approved State rules as part of the Federally-authorized program, and the EPA may enforce the incorporated provisions under RCRA.
Some State Rules Are Not Federally Enforceable
The EPA lists Arkansas statutory and regulatory provisions that are "broader in scope" than the Federal RCRA program and are not incorporated by reference in 40 CFR part 272; those provisions will not be Federally enforceable by the EPA. The State of Arkansas may still enforce those broader-in-scope or unauthorized State requirements under State law.
No New Requirements or Small-Entity Costs
The EPA states this codification imposes no requirements beyond existing State law and is not subject to OMB review; the Agency certified it will not have a significant economic impact on a substantial number of small entities. The rule is effective December 18, 2025 and is not a "major rule" under the Congressional Review Act.
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