January 9, 2025

RCRA Technical Corrections Rule Revisited and Finalized

On December 11, 2024, EPA finalized an updated RCRA technical corrections rule, addressing comments received on its original August 9, 2023 rule [88 FR 54086] and subsequent December 6, 2023 partial withdrawal [88 FR 84710]. [89 FR 99727] As discussed in a previous article, the August 2023 final rule corrected typographical errors, updated incorrect citations, and clarified various provisions tied to the generator improvements rule, hazardous waste pharmaceuticals rule, and definition of solid waste rule. The new December 2024 rule amends four sections as initially proposed.

§261.4(e)(1) correctly cross-references waste counting requirements in §262.13 and very small and small quantity generator accumulation limits in §§262.14 and 262.16, respectively.
§262.16(b)(1) states small quantity generators have an acute hazardous waste accumulation limit of 1 kg.
§262.17(a)(8)(i) clarifies how the large quantity generator waste accumulation unit closure notice applies.
§266.508(a)(2)(ii) states healthcare facilities shipping non-creditable hazardous waste pharmaceuticals may write “PHRM” and hazardous waste codes in block 13 of the uniform hazardous waste manifest.

This final rule is effective on February 10, 2025, and is considered neither more nor less stringent than the current standards. Consequently, RCRA-authorized states are not required to adopt the rule, though EPA encourages states to do so to promote national consistency. The technical corrections in §262.16(b)(1) are promulgated under HSWA-authority and take effect in all states on February 10, 2025, even if states have not adopted that provision. All other amendments are not promulgated under HSWA-authority and only take effect in authorized states when such states adopt the amendments.

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This document addresses issues of a general nature related to the federal environmental regulations. Persons evaluating specific circumstances dealing with the environmental regulations should review state and local laws and regulations, which may be more stringent than federal requirements. In addition, the assistance of a qualified professional should be enlisted to address any site-specific circumstances.