EPA Eyes Handing Alaska Control of Hazardous Waste Program
Published Date: 5/14/2026
Proposed Rule
Summary
Alaska wants to take charge of managing its hazardous waste instead of the federal government. The EPA thinks Alaska’s plan meets all the rules and is ready to give final approval, but they’re asking for public comments until July 2, 2026. If approved, Alaska will run the program, but the EPA will still handle certain federal lands and Native areas.
Analyzed Economic Effects
8 provisions identified: 3 benefits, 3 costs, 2 mixed.
New State Reporting for Generators and Transporters
Alaska's program adds annual reporting/notification requirements for Small Quantity Generators (SQGs), Large Quantity Generators (LQGs), and Transporters under 18 AAC 62.301(a)(2), 18 AAC 62.430, and 18 AAC 62.840(b). These state reporting duties are in addition to Federal rules.
Electronic Waste Treated as Universal Waste
Alaska added electronic items (e.g., computers, laptops, cell phones, monitors) to its universal waste rules (18 AAC 62.205, .1110, .1135, .1390), which can exempt qualifying electronic waste from standard hazardous waste requirements and let Small Quantity and Very Small Quantity Generators maintain a less complex generator status.
State Siting Rules for New Hazardous Facilities
Alaska's siting requirements (18 AAC 63) require owners/operators for new hazardous waste facilities to begin siting steps not fewer than 365 days before construction and include minimum setback, financial assurance, and public participation conditions. These State siting rules are broader in scope than Federal rules.
State Takes Over Hazardous Waste Program
The EPA tentatively plans to grant Alaska final authorization to run its hazardous waste program in place of the Federal program if finalized by August 24, 2026. If finalized, Alaska will issue permits and enforce most hazardous waste rules in the State, while the EPA will still retain authority for Indian country and certain federal areas.
EPA Keeps Authority Over Indian Country
Even if Alaska is authorized, the EPA will continue to implement the Federal hazardous waste program in Indian country (18 U.S.C. 1151) and areas of exclusive Federal jurisdiction in Alaska; the State does not assert authority over Indian country.
Some Federal Rules Stay with EPA (Manifests, Import/Export)
Alaska is not seeking authorization for certain Federal regulations (for example, import/export at 40 CFR part 262 subpart H, manifest registry and e-manifest-related functions at 40 CFR part 262 subpart B and related parts), so the EPA will continue to implement and enforce those requirements in Alaska.
Transition of Existing EPA Permits
If Alaska is authorized, the EPA will continue to administer any RCRA hazardous waste permits or portions of permits it issued prior to the effective date of authorization until those permits expire or are terminated; Alaska will incorporate or replace those permits when it issues State permits.
EPA Says No Significant Small-Entity Impact
The EPA certified under the Regulatory Flexibility Act that this proposed authorization will not have a significant economic impact on a substantial number of small entities because it does not impose new requirements beyond State law.
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