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Sunsetting paper manifests
EPA is proposing to phase out paper uniform hazardous waste manifests. Under this “sunset” rule, the agency would require every hazardous waste handler using a manifest to use the e-manifest system, but would allow the continuation of hybrid manifests—manifests initiated electronically that are printed and signed as hard copies by the generator. Paper manifests printed through the e-manifest system would need to be retained for three years after the shipment date. READ MORE
EtO and RTR confluence
In EPA’s recent proposal to rescind parts of the ethylene oxide (EtO) NESHAP, it claims it violated the CAA’s limits on risk and technology reviews (RTRs). At the heart of the matter is whether multiple risk reviews may be conducted, or whether the agency is limited to a single review of the risk posed by a regulated air pollutant. If the proposal is finalized, the rule would severely constrain EPA’s ability to protect human health and the environment and consider new science on the health risks posed by pollutants. READ MORE
EPA seeks new ACI NSPS
New provisions under the new source performance standards (NSPS) program have been proposed for wood-burning air curtain incinerators (ACIs). EPA seeks to consolidate many of the requirements for such units, currently scattered across multiple Part 60 subparts, into a new Part 60, Subpart Ca. The new standard would also eliminate Title V permitting requirements and establish a permanent exemption for ACIs that burn debris generated during disasters and emergencies. READ MORE
Retiring former wastes as fuels
In the 1990s, an estimated 1 billion abandoned scrap tires were dumped in piles across the United States, but by 2023, that number had been reduced to about 48 million. To make that number zero, EPA is proposing to categorically add abandoned tires as a non-waste fuel under 40 CFR Part 241. Such a change would make it easier to manage such tires as fuels, eliminate processing needs, and potentially ease CAA requirements for burners such as cement kilns. READ MORE
2025 GHG reports due October 2026
In September 2025, EPA proposed eliminating greenhouse gas (GHG) reporting requirements, as discussed in a previous article. On February 27, 2026, the agency finalized part of that proposal, extending the reporting deadline for calendar year 2025 to October 30, 2026. [91 FR 9712, §98.3(b)(6)] Approximately 8,200 facilities are impacted by this change and will need to report GHG data using the electronic greenhouse gas reporting tool. EPA will issue a future rule addressing other elements of the proposal to eliminate GHG reporting.
Marine terminal transfer ops facing monitoring, testing
On March 4, 2026, EPA proposed amendments to the marine tank vessel loading operations NESHAP. [91 FR 10559] The revisions to Part 63, Subpart Y would align flare monitoring requirements with those seen in the petroleum refinery NESHAP, require periodic performance testing for non-flare control devices, and implement various minor technical improvements. The agency anticipates that the changes would reduce volatile organic compound and hazardous air pollutant emissions by 3,500 and 280 tons per year, respectively, at a cost to industry of approximately $19 million over 15 years. Comments may be submitted through April 20, 2026 via Docket ID No. EPA-HQ-OAR-2025-0207.
Take flight in Denver
Head to Denver for our in-person 5-Day RCRA seminar to be held June 8-12, 2026, and on the second day (Tuesday, June 9), enjoy a networking event immediately following the seminar. You’ll see HawkQuest, an educational organization that enables you to see raptors up close and learn how these beautiful birds fit into our environment. If your friends or family are in town, of course, they are welcome to attend! Register today!
.Virtually RCRA
If your responsibilities prevent you from attending an in-person seminar, or if you prefer the accessibility of learning anywhere you have an internet connection, try a McCoy .VIRTUAL seminar. Our RCRA 5-day .VIRTUAL training is right around the corner on April 20-24, 2026. If you need to understand the hazardous waste regs at a deep level, and you’re ready to say, no más to flat energy and boring talking heads, join us. It’s our mission not to be dull. See for yourself and register today!
H2O is expensive. Can companies help?
Seven states depend upon the Colorado River water. But in 2026, Colorado’s snowpack dropped to less than one-third of normal. This spells trouble for the 40 million people and 5.5 million acres of farmland downstream. The federal government has invested in western water infrastructure, and now companies are stepping up. For example, Procter & Gamble is investing in water projects because people who use their products need it! And they also want to protect their reputation. P&G doesn’t want people thinking they are making water shortages worse. Find out how.
Marketplace: The Worth of Water
CU Boulder on water supplies
Water demand management
Supercalifragilisticexpialidocious
The Cambridge Dictionary says supercalifragilisticexpialidocious means “extremely good.” It’s actually considered a real word, and it could be applied to, well, Kepler’s discoveries or McCoy’s nuanced environmental regs seminars. In the compliance world, the longest phrase is likely the Comprehensive Environmental Response, Compensation, and Liability Act or CERCLA, weighing in at 61 letters, excluding spaces and punctuation, and often shortened to Superfund. If you’d like to learn about more voluminous concepts, like RCRA, CAA or California Title 22, register for any of our upcoming McCoy .VIRTUAL seminars:
April 20 – 24, 2026: 5-Day RCRA .V: Register today!
May 11 – 14, 2026: California Title 22-RCRA .V
June 23 – 24, 2026: RCRA Refresher .V
August 4 – 6, 2026: CAA Unraveled .V
McCoy’s entire lineup of seminars!
Flexibility = ease
Our seminars are not “one size fits all.” In-person attendees tell us, “I’ll never attend a .VIRTUAL seminar.” Our .VIRTUAL attendees say, “I couldn’t attend unless a remote option was offered.” Our in-house attendees say, “Our entire team will be in Cincinnati anyway, so let’s bring McCoy in.” And we love bringing it, wherever you are or need to be. Check out our full schedule of RCRA, CAA, or California Title 22 seminars to see if there’s a fit for your schedule, your favorite destination, your facility, or your home office.
Interested in an in-house seminar? Tell us more.
EPA throttles turbine rule
Environmentally, nitrogen oxides (NOX) are ozone precursors, create acid rain, and cause algal blooms due to nutrient pollution. Physiologically, NOX at low concentrations irritates mucosal tissues and causes asthma, while at higher concentrations, it can cause hypoxia, pulmonary edema, and death. EPA’s new NOX standards for stationary turbines do not reflect these health risks, and a final rule from January 2026 is significantly weaker than what was proposed at the end of 2024. READ MORE
Full reverse on air toxics rule
Effective January 2, 2026, the 2024 CAA major to area source rule [89 FR 73293] is removed from the regulations. [91 FR 58] The rule required 30 source categories to follow a “once in, always in” approach for a major source determination, but when Congress passed a joint resolution of disapproval in July 2025, the rule ceased to have any legal effect. (See our previous article on the joint resolution and how such resolutions are used under the Congressional Review Act.) EPA’s action merely removes the regulatory language. Major sources under the air toxics program that reduce their potential to emit sufficiently may be reclassified as area sources, regardless of source category. [85 FR 73854]
Vapes as household waste
A significant challenge with recycling vape pens is their disassembly into primary components—the lithium-ion battery, nicotine e-liquid, plastic housing, heating coil, and electronics are all handled separately. However, the RCRA household waste exclusion [§261.4(b)(1)] applies to the entire collection and recycling chain for these e-cigarettes when they are disposed of at home and managed at material recovery facilities. The exclusion can still be claimed even if non-recycled components are sent for disposal after disassembly. [RO 14974] Conversely, vapes disposed of at commercial and industrial facilities would be P075 hazardous waste due to the nicotine present as a sole active ingredient. [RO 14850]
CCR compliance deadlines pushed
Effective February 9, 2026, deadline extensions are in place for facilities required to comply with the coal combustion residual (CCR) provisions in Part 257, Subpart D. [91 FR 5806] The final rule extends various administrative and substantive requirement deadlines by one to three years, going as far as February 9, 2032. These deadline extensions stem from a May 2024 final rule that strengthened the regulation of legacy CCR surface impoundments and management units. [89 FR 38950]
Cleanup check-in
Goal 4 of EPA’s Hazardous Waste Cleanup Program Vision/Mission/Goals for 2030 states that by 2025, the program will identify and implement key elements of effective long-term stewardship for corrective action cleanups. With 2025 in the rear-view mirror, the agency encourages regions to share their long-term stewardship implementation practices and tools with other regions and the states. One useful tool is a site assessment checklist to establish a facility’s long-term assessment protocol, implement facility assessments, and maintain records of engineering and institutional controls. [RO 14973]
2026 CUPA Forum in San Diego!
In the early 1990s, California’s regulation of hazardous materials and waste, as well as local emergency response, was diffused across more than 1,100 local and state agencies. This was confusing and inefficient. In 1993, a bill established the Unified Program to enable consolidation and coordination of everything from administration and permitting—to enforcement activities.
Fast forward to today and the Certified Unified Program Agency (CUPA) program has achieved a myriad of accomplishments from increased collaboration and oversight to its professional development and training for state regulators and the regulated community.
New e-manifest rules in effect
Hazardous waste generators have been required to have an e-manifest account since January 22, 2025. As of December 1, 2025, new e-manifest rules have gone into effect, impacting generators, receiving facilities, and waste exporters. The new regulations mandate manifest reports be submitted via the e-manifest system, and EPA’s RCRAInfo provides a walkthrough on how users should comply with these requirements. READ MORE
Compliance first, enforcement last?
As of December 2025, EPA is following a new “compliance first” approach to current and future civil enforcement and compliance matters. The agency outlines six factors to facilitate this approach, with the goal of assisting the regulated community in achieving timely compliance. This policy reinforces the prioritization of environmental compliance in the most efficient, economical, and swift manner possible. READ MORE
Fluoridated water weigh-in
First introduced in 1945 in Grand Rapids, MI, fluoridated water is a well-researched method of preventing tooth decay. However, as published in the journal Preventive Nutrition and Food Science, fluoridated water is not without risks, and fluoride can be administered in other ways. On January 30, 2026, EPA announced the development of a fluoride preliminary assessment plan to investigate a potential reduction in the maximum contaminant level for fluoride in public water systems, currently set at 4.0mg/L. [91 FR 3722] This concentration is significantly higher than the U.S. Public Health Service’s recommended fluoride concentration of 0.7mg/L. EPA’s assessment plan is the first step in developing a toxicity assessment and does not provide conclusions regarding any potential harmful human health effects of fluoride. Comments on the development of the assessment plan may be submitted through February 27, 2026 via Docket ID No. EPA-HQ-OW-2025-3823.
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!
