McCoy
Review Articles

Clean close or delayed closure, your choice

The toxicity of certain wood preservation chemicals, such as chromated copper arsenate and pentachlorophenol, has necessitated their phase-out. While wood preservers could see a reduction in their hazardous waste generation, such facilities may still need to meet closure or decontamination requirements for their drip pads to avoid listed-waste mixtures. Multiple options are available for managing these waste accumulation units, but if closure is pursued, facilities should work with their regulators to meet specific cleaning and decontamination objectives. READ MORE

HAP delisting on the table

While there are 188 listed hazardous air pollutants (HAPs) in the CAA’s NESHAP program, some of those are actually large categories encompassing potentially thousands of chemicals. One of those HAPs, glycol ethers, is defined by its chemical structure and, depending on the state, may include over 4,000 individual chemicals. On December 22, 2025, EPA proposed delisting 2-butoxyethyl benzoate (2-BEB) from the glycol ethers category of HAPs. [90 FR 59767] The agency suggests 2-BEB is not reasonably anticipated to cause adverse human health or environmental effects. Comments may be submitted through February 20, 2026 via Docket ID No. EPA-HQ-OAR-2024-0392.

Waste data facelift supports accessibility

Publicly available hazardous waste information, such as manifested waste and biennial report summaries, has not always been the easiest to navigate. The presentation of this data has recently been overhauled and is now available on RCRAInfo’s Hazardous Waste Information Platform. Users can quickly search for waste data by facility name, location, waste codes, special activities, and more under the “Advanced Search” tab. Those interested in e-manifest info can download the .csv files accessible on the “Data Access” tab. Here is something truly incredible—go to the “Data Trends & Analysis” tab and view the biennial report summary. In 2023, a single facility generated more than 11.5% of the country’s hazardous waste. Holy moly!

Breath of fresh CAA

It’s coming up FAST—register for our .VIRTUAL Clean Air Act (CAA) seminar this January 20-22, 2026. Or if you can’t make next week, our next CAA Unraveled seminar is on March 31–April 2, 2026.

Yep, we’re known for RCRA, but we’re really excellent airheads, too! If you’re up to speed on RCRA and some of your colleagues focus merely on air, we’d appreciate your letting them know about our CAA class. What’s in it for you? Say hello@mccoyseminars.com for a surprise gift. Really.

Double hitter in February

We have two RCRA options around the corner. First is our February 2-6, 2026 .VIRTUAL 5-Day RCRA seminar. It sounds impossible, but this seminar is NOT Boring. We’ve spent more brain cells than you can imagine creating an online experience that is meaningful, inclusive, and that’s actually an enjoyable experience. So take a breath and try our online .VIRTUAL RCRA seminar.

Next up! Register for our super-fast .VIRTUAL RCRA Refresher to be held on February 18-19, 2026. Buyer beware! It’s not quite as fast as five times the speed of sound, but we do compress almost all of our 5-day RCRA content into two days. It’s great that you get that much content that fast, and it may be mind-boggling for those new to RCRA, but for experienced pros, the pace can be downright refreshing.

Register for the Feb .VIRTUAL RCRA 5-Day
Register for the Feb .VIRTUAL RCRA Refresher
What is five times the speed of sound?

Like hanging around people?

Mark your calendars for our east coast Virginia Beach 5-Day RCRA in-person seminar! We value networking, too, and we understand that being out of your facility is sometimes the only way your colleagues cannot locate or pester you! Plus, having the time to focus on building your RCRA knowledge is invaluable to your organization. Come to the beach, and increase your ability to make sound judgments and thoughtful compliance decisions on March 9-13, 2026!

World’s fourth largest economy

McCoy has a specialized .VIRTUAL seminar to be held May 11-14, 2026, that unravels the differences between the federal RCRA and California Title 22 regulations. If you conduct business in this massive state, this seminar will add to your regulatory acumen. With genuine audience engagement in our online seminars, come prepared with your questions and experiences!

More info on this seminar
Register for our RCRA-California Title 22 .VIRTUAL seminar
California’s booming economy

EPA revokes NSR reactivation policy

Much of the new source review (NSR) program is administered through policy, and most states have their own authorized NSR permitting programs. In September 2025, EPA rescinded its longstanding “reactivation policy,” which had been used to subject sources to NSR permitting that might otherwise be exempt. Now, sources that have been idled but will restart their operations and don’t conduct modifications will not be pulled into NSR. The agency acknowledges that state, local, and tribal authorities may continue to enforce the older, more stringent policy. READ MORE

PFAS proposal cuts TSCA reporting

EPA aims to loosen the rules on per- and polyfluoroalkyl substances (PFAS) reporting. First finalized in 2023, the agency is proposing to add exemptions to the TSCA PFAS reporting provisions to reduce the administrative burden on PFAS manufacturers and importers. The understanding is that, since the submitted data would be retrospective, and facilities are unlikely to have that data for other compliance purposes, what would be submitted would be incomplete and of little use. The agency is also seeking to extend the reporting deadline beyond the currently scheduled April 13, 2026. READ MORE

EPA eyes NSR’s “begin actual construction”

EPA recently reaffirmed its interpretation of the new source review (NSR) program’s definition of “begin actual construction.” Supporting its 2020 draft guidance on “begin actual construction,” the agency states the regulations prohibit “the initiation of physical on-site construction on an emission unit,” and not the “initiation of physical on-site construction of those parts of a facility that do not qualify as an emission unit.” EPA is working on an early 2026 proposal to amend the definition of “begin actual construction” in §52.21(b)(11) to provide greater flexibility for source owners and operators.

Haz waste combustors facing NESHAP changes

Impacting facilities such as hazardous waste incinerators, cement kilns, and industrial boilers, EPA proposed its residual risk and technology review of the hazardous waste combustor NESHAP on November 10, 2025. [90 FR 50814] The proposed amendments would add emission limits and work practice standards for hydrogen fluoride and hydrogen cyanide, add electronic reporting requirements, and allow states to exclude affected area sources from Title V permitting. The agency is also seeking additional information to improve its risk assessments and other analyses. A redline strikeout of the proposed amendments is available, and EPA intends to have a final rule signed by December 31, 2025, to comply with a court-ordered deadline. [Blue Ridge Environmental Defense League vs. Regan, U.S. Court of Appeals, D.C. Circuit; Case No. 22-cv-3134; December 12, 2024] Comments may be submitted through December 26, 2025 via Docket ID No. EPA-HQ-OAR-2004-0022.

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.