3 RCRA Rules to Watch in 2026

While the government shutdown is still in effect, US EPA has a few RCRA rules that hazardous waste managers need to be aware of as we move into the new year.

Impending rules impact:

• Paper copies of hazardous waste manifests,
• Wastes covered by universal waste regulations, and
• Management of PFAS-containing waste.

Sunset on Paper Hazardous Waste Manifests

EPA plans to establish a timeline to phase out the use of paper hazardous waste manifests in favor of electronic manifests (e-Manifests). Since launching the e-Manifest program in 2018, EPA has established fees and taken other steps to incentivize the use of electronic manifests for all stakeholders. EPA has long said that wide adoption of e-Manifests is needed to fully realize the benefits and efficiencies of the system.

To date, EPA says, only a small percentage of the roughly two million manifests received each year are submitted in electronic format “despite years of system improvements and outreach to industry.”

In the most recent Unified Agenda of Regulatory and De-regulatory Actions, released pre-shutdown, EPA indicated that a proposed rule to “sunset” paper manifests could appear as soon as January 2026.

New Universal Wastes

EPA will propose adding solar panels to the universal waste regulations, providing a straightforward method facilities can follow to handle discarded solar panels and promote recycling. EPA also plans to propose “universal waste standards specifically tailored to lithium batteries.”

The Universal Waste standards in 40 CFR Part 273 provide a streamlined set of management requirements for certain types of waste that are common across all industries, such as lamps (i.e., light bulbs), batteries, and aerosol cans.

Some states allow for additional wastes to be managed as universal waste. California and Hawaii, for example, allow solar panels (i.e., “photovoltaic modules” or PV modules) to be managed as universal waste. EPA maintains a universal waste webpage that includes a table with details about each State’s universal waste program.

Listing of PFOA, PFOS, PFBS, and GenX as RCRA Hazardous Constituents

In February 2024, EPA proposed adding nine per-and polyfluoroalkyl substances (PFAS) to the list of “hazardous constituents” under the RCRA program: PFOA, PFOS, PFBS, HFPO-DA (GenX), PFNA, PFHxS, PFDA, PFHxA, and PFBA.

Listing a substance as a “hazardous constituent” under RCRA is a step toward regulation as a hazardous waste. To list a waste as a hazardous waste in the regulations, EPA must show that the waste contains a hazardous constituent.

The list of hazardous constituents is found in Appendix VIII to 40 CFR Part 261. For more details, see the February 2024 proposed rule.

EPA may or may not move forward with the rule that was proposed last year. The agency may re-open the comment period on this rule before deciding how to proceed.

In the case of a separate rule concerning water quality standards for a handful of the same PFAS chemicals—PFOA, PFOS, PFNA, PFHxS, and GenX—EPA eliminated proposed limits on PFBS, PFXX, and GenX, but maintained strict limits for PFOA and PFOS.