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Countdown to Las Vegas
Don’t miss your chance to join McCoy’s 5-Day RCRA in-person seminar in Las Vegas, being held December 8-12, 2025. Attend one or all five days fully immersed in RCRA training, and between sessions, recharge with coffee, jot a few notes in your course binder, and connect with fellow attendees. Rooms at The Orleans Hotel are still available at the rack rate, so hurry up and reserve yours soon!
Our next 5-Day RCRA in-person seminar is taking place in Virginia Beach, March 9-13, 2026. Check out the full schedule here.
Crack the CAA code
If the Clean Air Act feels like a code you can’t quite decipher, McCoy’s .VIRTUAL CAA seminar, taking place January 20-22, 2026, is your key to cracking it. Over three action-packed days, you’ll gain clarity on the various programs, understand which ones may impact your facility, and walk away with the keys to unlocking CAA compliance. Register online today, or by calling us at 303-526-2674… and don’t forget to provide a good shipping address!
2 ways to RCRA this February
McCoy brings RCRA training straight to your screen with the February 2-6, 2026, .VIRTUAL 5-Day seminar and February 18-19, 2026, .VIRTUAL Refresher. Both are live, instructor-led sessions, delivering the same expert guidance you would receive at our in-person seminars. The 5-Day covers the material over a full week, while the Refresher moves at an accelerated pace, perfect for those already comfortable with the regs. With the latest course materials shipped right to your door, all you need is your computer and a good cup of coffee!
Your guide to Cali Title 22-RCRA
California’s Title 22-RCRA regulations can be tricky to manage, but rest assured, McCoy is here to help you tackle them head-on. Join us for the .VIRTUAL California Title 22-RCRA seminar taking place, May 11-14, 2026, for four days of live training covering Title 22, the Generator Improvements Rule, the latest compliance updates, and much more. Get your questions answered, stay ahead of the regs, and leave class ready to handle California Title 22-RCRA with confidence!
Dangerous precedent proposed for not regulating HAPs
On October 1, 2025, EPA proposed amendments to the secondary lead smelting NESHAP of Part 63, Subpart X. [90 FR 47268] The agency proposes new MACT standards for total hydrocarbons and dioxins/furans, but uses a novel de minimis interpretation to avoid regulating hydrochloric acid and chlorine. Despite the D.C. Circuit Court of Appeals concluding EPA must address unregulated HAPs in MACT standards (Louisiana Environmental Action Network vs. EPA; Docket No. 17-1257; April 21, 2020), the agency states, “the law cares not for trifles.” EPA also uses a questionable interpretation of CAA Section 112(e)(2) [42 U.S.C. Section 7412(e)(2)], a section meant to prioritize the promulgation of the air toxic standards in the 1990s, to claim Congress didn’t intend for the agency to regulate low levels of HAP emissions. [90 FR 47277] Comments may be submitted through November 17, 2025 via Docket ID No. EPA-HQ-OAR-2025-0078.
Secondary material or waste? Recycling answers
Perhaps the most fundamental aspect of RCRA is to make an accurate hazardous waste determination. Doing so requires generators to ask themselves a few questions every time they discard a material. The first two questions can often be asked together: Is my discarded material solid waste, and is it excluded from regulation? Updated guidance from EPA can help generators answer these questions and ensure, regardless of regulatory status, that a recycled material is managed in a manner protective of human health and the environment. After all, hazardous wastes do not cease to be dangerous simply because they are recycled. READ MORE
HSWA intersects interim status
RCRA interim status occurs when a change is made to the statute or regulations that would require a facility to obtain a permit, and the facility has submitted an initial permit application but has not yet received a permit. When a rule is promulgated under the authority of the Hazardous and Solid Waste Amendments of 1984 (HSWA), it takes effect in all states simultaneously. Consequently, even if a state deadline for a facility’s interim status qualification has not passed, if that facility misses the federal deadline, it would not qualify for interim status. EPA recommends that authorized states modify their regulations to reference federal compliance dates, thereby avoiding confusion, even though states are not legally required to do so to maintain RCRA authorization. [RO 14971]
No Title V permit for biochar
EPA recently granted a nonhazardous secondary material (NHSM) determination on biomass processed to make biochar product. [RO 14970] Provided the equipment used to produce a biochar product is only processing clean cellulosic biomass (defined in 40 CFR §241.2), the feedstock is not considered a solid waste. Consequently, the equipment would not be subject to CAA Section 129 [42 U.S.C. Section 7429] incinerator standards nor Title V permitting. Agency guidance on the Part 241 NHSM regulations and petitioning for an NHSM determination is discussed in a previous article.
GHG reporting irrelevant?
The next in a long list of EPA’s deregulatory moves is to remove greenhouse gas reporting requirements for nearly all facilities except certain petroleum and natural gas system operators. The agency recently proposed these revisions, stating that such data collection is unnecessary since the CAA does not explicitly mandate it. While businesses could save millions by eliminating reporting, invaluable data will be lost that could be used by regulators and the regulated community to save billions. READ MORE
EPA deregulates spring air agenda
The Spring 2025 regulatory agenda is now available and EPA is planning reviews, revisions, and amendments to scores of CAA stationary source regulations. A critical aspect of the CAA is the periodic review of source category standards. While some of what is on the agenda is the typical review, many items are directly related to the current administration’s deregulatory efforts. READ MORE
Spring RCRA deregulatory agenda drops
EPA’s Spring 2025 RCRA regulatory agenda shows few changes from the previous year. Notably, the agency has quietly removed the previous notices of proposed rulemaking for drum management/reconditioning and PFAS-related designations as CERCLA hazardous substances. Perhaps the most significant addition is the upcoming proposal to phase out paper manifests. READ MORE
Congress weakens air standards (again)
EPA finalized amendments to the rubber tire manufacturing NESHAP in November 2024, addressing HAP emissions from the rubber processing subcategory. [89 FR 94886] The amendments were a response to Louisiana Environmental Action Network v. EPA (U.S. Court of Appeals, D.C. Circuit; Docket No. 17-1257; April 21, 2020), which holds that EPA has an obligation to address unregulated emissions from a major source category when the agency conducts the 8-year technology review. Despite this legal mandate, Congress has once more intervened via the Congressional Review Act and passed a Joint Resolution of Disapproval [H. J. Res. 61], which was signed by the President on May 6, 2025. Thus, the 2024 amendments to Part 63, Subpart XXXX have been revoked and have no legal or enforceable effect. The agency will follow up with a final rule formally removing the now-obsolete provisions.
Affirmative defense removed from PEPO NESHAP
Affirmative defense is a mechanism that allows a source to avoid civil penalties during judicial or administrative proceedings and typically applies within the context of malfunction events resulting in noncompliance with any applicable standard. In light of NRDC vs. EPA (U.S. Court of Appeals, D.C. Circuit; Docket No. 10-1371; April 18, 2014), which found such a mechanism to not be under the authority of EPA but rather the courts, EPA proposed removing the provisions from 18 NSPS and NESHAP rules in June 2024. [89 FR 52425] Effective September 2, 2025, the affirmative defense provision was removed from the polyether polyols production (PEPO) NESHAP of Part 63, Subpart PPP, and more removals from other standards will likely follow. [90 FR 42328] EPA will continue to evaluate possible violations on a case-by-case basis and determine whether an enforcement action is appropriate.
EPA goofs on GHGs
EPA proposed to recind its 2009 greenhouse gas (GHG) endangerment finding on August 1, 2025. Accompanying the proposal is the removal of GHG emission standards for motor vehicles and engines. The rationale for the recission makes novel legal claims unsupported by the CAA and legal history to support policy objectives. If finalized, the recission will certainly face substantial legal challenges in court. READ MORE
Phasing out paper manifests?!
That’s right. More than seven years after launching the e-manifest system, EPA is considering phasing out paper manifests. A virtual public meeting will be held September 23-25, 2025, where stakeholders can weigh in on this monumental development. [90 FR 38146] Those seeking to participate in the meeting or just seeking a heads up will want to familiarize themselves with the agency’s white paper and charge questions, available at Docket ID No. EPA-HQ-OLEM-2025-0391.
EPA withdraws NSR proposal
In July 2025, EPA withdrew its new source review (NSR) project emissions accounting proposal. [90 FR 34206] Proposed in May 2024 and discussed in a previous article, the rule would have modified the definition of “project,” strengthened administrative requirements, and required step 1 emission decreases to be legally and practicably enforceable. [89 FR 36870] The agency stated there is insufficient justification for the rule, and the proposed revisions could have resulted in “unnecessary additional burden on regulated entities and implementing agencies.” While the most recent NSR project emissions accounting action is the 2020 rule, which allows step 1 emission decreases, air agencies are not required to modify their state implementation plans to account for this rule. [85 FR 74890]
Get ahead of cleanup costs
Hazardous waste cleanup and remediation activities can be incredibly costly and time-consuming. We are aware of one facility subject to corrective action that has spent more than $500 million over the last four decades on remediation. Get things right the first time by reviewing EPA’s newly reorganized resources on hazardous waste cleanup efforts. READ MORE
Disaster debris exemption for CISWIs
On August 26, 2025, EPA promulgated an interim final rule exempting the temporary burning of disaster debris in commercial and industrial solid waste incinerators (CISWIs) from applicable CAA Section 129 provisions. [90 FR 41508] EPA finds that during emergencies, quickly removing disaster-generated debris is important to maintaining public health and regulations hinder recovery. CISWIs will therefore be allowed to combust nonhazardous debris in an area declared a state of emergency, but will not be allowed to burn waste from normal operations during the disaster recovery period. Notification is required if the exemption is claimed for longer than eight weeks. Affected regulations include Part 60, Subparts CCCC and DDDD and Part 62, Subpart IIIa. Comments may be submitted through October 10, 2025 via Docket ID No. EPA-HQ-OAR-2003-0119.
Updated guide combats illegal dumping
Illegal dumping remains a significant challenge for many U.S. communities, threatening public health, safety, and the environment. EPA recently updated its Illegal Dumping Prevention Guide to offer tailored strategies that address the root causes of this problem. These strategies include improving access to affordable waste disposal, enhancing community education and outreach, and strengthening enforcement through local leadership and coordinated efforts. The guide features real-world case studies and tools to implement effective prevention programs. READ MORE
Rejecting reason, EPA exacerbates climate change
On August 1, 2025, the new administration’s EPA proposed a “reconsideration” of the 2009 greenhouse gas (GHG) endangerment finding and a repeal of GHG emission standards. [90 FR 36288] The proposal rests on the most tenuous logic and concludes that GHGs don’t endanger public health and welfare and are not a driver of anthropogenic climate change. McCoy and Associates will write a detailed article on the proposal soon. Until then, if you would like to submit a comment on this short-sighted and ill-advised proposal, you may do so until September 22, 2025 via Docket ID No. EPA-HQ-OAR-2025-0194. [90 FR 39346]
From McCoy’s editorial board:
For over forty years, McCoy’s mission has been to help industry and federal and state agencies manage air emissions and hazardous waste responsibly. Our commitment to help protect human health and the environment is resolute.
The potential repercussions from the current administration’s proposal to rescind the 2009 GHG endangerment finding ignore decades of evidence and a Supreme Court ruling affirming that GHGs are pollutants that can be regulated under the CAA. Pulling back on climate action now makes neither environmental nor economic sense.
For example, the strategic shift to produce US electric vehicles makes sense because EVs are cleaner and simpler to manufacture, and EVs are more energy efficient. Furthermore, the US must be equipped to compete with global competition or be left woefully behind. This proposal is poorly reasoned, and combined with separate defunding efforts, it sabotages US auto manufacturing and the practical effort to combat climate change at a time when the rest of the world is taking giant leaps ahead.
Therefore, we strongly disagree with the administration’s conclusion that GHGs do not endanger public health and welfare. It is our hope that industry will continue to take positive steps to reduce GHG emissions to protect their organization’s reputation, increase its competitive position, and to protect the health of our planet for future generations.
TSDF toolkit unlocked
To improve stakeholder access, EPA recently updated its Hazardous Waste TSDF Toolkit, a compendium of publicly available RCRA permitting resources. The toolkit includes permitting process flowcharts, training modules, Federal Register rulemaking notices, permit appeals, example permits, and links to state and federal resources. From the toolkit, hundreds of additional documents can be accessed, enabling regulatory agencies and facility operators to find what they need with just a few clicks. Meeting the obligations of having a full RCRA permit can be difficult, but at least navigating the resources has been made a little bit easier.
New modules for RCRA permits
EPA’s RCRA model permit is a guide to help permit writers draft and review RCRA permit conditions for incorporation into a RCRA hazardous waste permit. The model provides example language vetted by legal and enforcement experts, designed to reduce permit issuance time and promote consistency. The agency recently updated the RCRA model permit to include modules on general facility conditions, preparedness and prevention, and contingency plans. As discussed in a previous article, these modules help permit writers by standardizing the language associated with hazardous waste management permits.
Proper planning limits disaster debris
Disaster debris, whether caused by natural forces like wildfires or human-made events such as chemical spills, poses serious challenges for communities. Left unmanaged, such debris can deplete limited landfill space, sap local government budgets, and endanger public health and the environment. Communities will benefit from reviewing EPA’s newly updated disaster debris mitigation and planning resources and preparing for emergencies before they occur. READ MORE
Methane fees 10 years out
The waste emissions charge (WEC) rule, which impacted the oil and natural gas industry, was rescinded in March 2025 via a Joint Resolution of Disapproval [H. J. Res. 35], as discussed in a previous article. With the passage of The One Big Beautiful Bill Act (BBB), the legal dichotomy between the WEC rule’s mandate from CAA Section 136(c) [42 U.S.C. Section 7436(c)] and Congress’s repeal of 40 CFR Part 99 is closer to being resolved. BBB Section 60012(b), which amends 42 U.S.C. Section 7436(g), pushes the application of the WEC fees to the beginning of 2034, with payment required in 2035. Despite the delayed implementation of the WEC fees, oil and natural gas facilities must still comply with the greenhouse gas reporting provisions of Part 98, Subpart W, where applicable.
EPA makes OSWI NSPS changes
EPA recently made changes to the new source performance standards and emission guidelines for other solid waste incinerators (OSWIs). Effective August 29, 2025, these amendments finalize applicability and definitional changes, introduce new subcategories of regulated units, eliminate the startup, shutdown, and malfunction exemption, and strengthen emission limits. However, pyrolysis and gasification, a long-standing issue for plastics recycling, were not addressed in the rule. The agency estimates these changes will reduce industry costs by $12 million annually. READ MORE
Multiple NESHAP deadlines extended
Part 63, Subpart FFFFF contains emission limits for sinter plants, blast furnaces, and basic oxygen process furnaces, while Part 63, Subpart L contains emission limits for coke oven batteries. On July 3 and July 8, 2025, EPA issued two interim final rules extending compliance deadlines for the integrated iron and steel manufacturing NESHAP and the coke oven battery NESHAP. [90 FR 29485 and 90 FR 29997] These actions revise the Subpart FFFFF 2025 and 2026 compliance dates to April 3, 2027 and the Subpart L 2025 and 2026 compliance dates to July 5, 2027. While the old compliance dates have been revised, all other aspects of the agency’s April 3, 2024 iron and steel rule [89 FR 23294] and July 5, 2024 coke oven battery rule [89 FR 55684] remain in effect. Comments on the iron and steel NESHAP rule may be submitted until October 2, 2025 via Docket ID No. EPA-HQ-OAR-2002-0083. Comments on the coke oven batteries NESHAP rule may be sumitted until October 6, 2025 via Docket ID No. EPA-HQ-OAR-2002-0085. [90 FR 39333]
Compliance pushed for oil and natural gas
EPA’s March 2024 oil and natural gas rule strengthened emission control requirements in Part 60, Subparts OOOO, OOOOa, OOOOb, and OOOOc, as discussed in a previous article. [89 FR 16823] On July 31, 2025, the agency promulgated an interim final rule to extend deadlines within the oil and natural gas NSPS and emission guidelines. [90 FR 35966] The compliance deadline for issues such as enclosed combustion device performance testing, legally and practicably enforceable emission limits, and implementing the super-emitter program has been extended to January 22, 2027. This interim final rule is effective on July 31, 2025 unless negative comments on any of the final provisions are received by October 1, 2025. [90 FR 39333] Comments on the rule may be submitted via Docket ID No EPA-HQ-OAR-2025-0162.
