2025-22529Notice

EPA Seeks Comments on Endless Solid Waste Form Filling

Published Date: 12/11/2025

Notice

Summary

The EPA is asking for your thoughts on extending a paperwork rule about what counts as solid waste under environmental laws. This affects businesses and organizations that handle waste, as they’ll keep reporting info to the EPA. You’ve got until February 9, 2026, to share your comments—no extra costs, just keeping the info flowing smoothly!

Analyzed Economic Effects

6 provisions identified: 0 benefits, 6 costs, 0 mixed.

Three‑Year Recordkeeping for Tolling Contracts

If you run a business that sends or receives hazardous secondary materials under the generator-controlled exclusion (40 CFR 261.4(a)(23)), your tolling contractor must keep records at its facility for at least three years and the tolling manufacturer must keep records at its facility for at least three years. Facilities that recycle under this exclusion must also keep documentation of their legitimacy determination onsite.

Estimated Annual Burden and Cost to Respondents

EPA estimates 4,800 respondents, with a total annual burden of 27,055 hours and a total estimated cost of $2,933,678 per year, which includes $18,403 in annualized capital or operation & maintenance costs. The ICR is currently approved through June 30, 2026 and EPA proposes to extend it.

Audits and Recycler Conditions for Transfers

Under the transfer-based exclusion (40 CFR 261.4(a)(24)), a generator sending hazardous secondary materials to a non-permitted facility must conduct a "reasonable efforts" environmental audit of the receiving facility. Recyclers receiving such materials must meet conditions including having financial assurance, trained personnel, and emergency preparedness and response capabilities.

Three‑Year Shipment Records for Remanufacturing

Under the remanufacturing exclusion (40 CFR 261.4(a)(27)), both the hazardous secondary material generator and the remanufacturer must keep records of shipments and confirmations of receipt for three years from the dates of shipment.

Exporters Must Notify, Get Consent, and Report Annually

If you export hazardous secondary material under the transfer-based exclusion (40 CFR 261.4(a)(25)), you must provide notice to and obtain consent from the receiving country and file an annual report. The requirement includes an annual reporting duty.

Labeling Date Requirement for Accumulated Materials

Under the revised speculative accumulation rule (40 CFR 261.1(c)(8)), anyone subject to the rule must label the storage unit with the first date that the material began to be accumulated.

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Key Dates

Published Date
Comments Due
12/11/2025
2/9/2026

Department and Agencies

Department
Independent Agency
Agency
Environmental Protection Agency
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