Alaska's New State Haz Waste Program Moves Forward

The State of Alaska recently received (tentative) final authorization from US EPA to implement and enforce a state hazardous waste program according to standards in the Resource Conservation and Recovery Act (RCRA).

While the State has adopted state hazardous waste regulations, covered facilities should continue complying with Federal RCRA standards until authorization of Alaska's program is official.  

Industry stakeholders and the public can submit comments about Alaska’s application for an authorized state RCRA program until June 25. Unless those comments provide information that changes EPA’s mind, the agency plans to publish a final determination authorizing Alaska’s state program within 90 days (i.e., in mid-August). 

Why Does Alaska Want a State RCRA Program?

With an authorized State RCRA program in place, Alaska will have the ability to issue and enforce permits for storage, treatment, or disposal of hazardous waste. The state will also gain flexibility to impose unique hazardous waste management requirements, provided the State program remains at least as protective as the Federal RCRA standards. 

Federal law encourages each State to develop a hazardous waste program of its own, and nearly all States have done so. If we count Alaska, every State but one (Iowa) now has developed a state-level hazardous waste program and received authorization from EPA. 

“Any State which seeks to administer and enforce a hazardous waste program pursuant to this subchapter may develop and… submit to the Administration an application… for authorization of such program.”

[42 USC §6926(b)] 

To receive authorization from EPA, the application must show the agency that the state hazardous waste program will be: 

1. Equivalent to the Federal program under RCRA,
2. Consistent with the Federal or State programs applicable in other States, and
3. Provides adequate enforcement of compliance with the requirements 

If any of the criteria are not met, EPA will require the State to make improvements to the program before it can it be authorized. 

What Changes Can Generators in Alaska Expect?

The regulations that apply hazardous waste generators in Alaska will mostly stay the same.

In general, Alaska’s State program directly incorporates the existing Federal RCRA standards from 40 CFR Parts 260, 261, 262, et. al.—including size categories for generators, waste ID criteria, waste lists, container management standards, accumulation and storage quantity/time limits, personnel training requirements, pre-transportation standards, rules for manifests, and Land Disposal Restrictions (LDRs).

There are a few exceptions, however: 

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 (Site Identification Form). 

From Alaska’s State regulations: 

“a small or large quantity generator must complete and submit EPA Form 8700-12 (Site ID Form) or the equivalent to the department not later than March 1 of each year to cover activities during the previous calendar year.”

[18 AAC 62.301(a)(2)]

The Federal RCRA regulations direct LQGs to submit a renotification every other year as part of the Biennial Report. SQGs must submit a renotification once every four years.

Electronic Waste (e-Waste)

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

From Alaska’s State regulations:

“In addition to the wastes listed under 40 CFR 261.9, electronic waste is exempt if managed under 18 AAC 62.1100—18 AAC 62.1160.”

[18 AAC 62.1110]

Rules for Very Small Quantity Generators (VSQGs)

In 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 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 over the CFR where appropriate.   

When Will Alaska’s Authorization Become Official?

May 14, 2026 was the day EPA announced the “tentative” decision to grant Alaska’s application for authorization of the State hazardous waste program, writing in the Federal Register “…the EPA expects to grant final authorization for the State to operate its program subject to the limitations on its authority retained by the EPA in according with RCRA…" [91 FR 93, p.27229, May 14, 2026]