Alaska Becomes 49th State With Hazardous Waste Program

On August 6, 2026, US EPA granted final authorization for the state of Alaska to operate its own hazardous waste program. Alaska’s program will operate in lieu of the Federal hazardous waste program in Alaska, except in areas of exclusive Federal jurisdiction.

The final authorization takes effect on August 6, 2026.

How is Alaska’s Program Different from the Federal Regulations?

Alaska’s State program directly incorporates the existing Federal RCRA standards with only a few key differences.

Annual Renotifications (Generators)

Alaska will require large quantity generators (LQGs) and small quantity generators (SQGs) to renotify the State of their activities annually by submitting Form 8700-12 [18 AAC 62.301(a)(2)].

Electronic Waste (e-Waste)

In Alaska, electronic waste (e-waste) is universal waste when managed properly [18 AAC 62.205].

Rules for Very Small Quantity Generators (VSQGs)

When incorporating the Federal RCRA regulations for very small quantity generators of hazardous waste (VSQGs), Alaska did not adopt a revision made to those rules in December 2024 regarding sites that recycle or reclaim certain ignitable spent refrigerants subject to Part 266, Subpart Q.

"40 CFR" vs. "18 AAC"

Alaska’s outlines the structure of the planned State hazardous waste regulations in its application for authorization from the EPA. The Alaska regulations will be contained in Title 18 of the Alaska Administrative Code, Part 62 [18 AAC 62].

Moving forward, when a compliance officer with US EPA or Alaska DEC visits a facility to conduct an inspection, any violations cited will refer to the State regulatory code (18 AAC) instead of the Federal standards in 40 CFR. When compliance officers with US EPA or Alaska DEC perform outreach and enforcement activities in the state, they must defer to the State regulations instead of the CFR, where appropriate.