2026 RCRA and Waste Look Ahead
Posted: January 14th, 2026
Authors: Meredith G.
We have seen a lot of action in the world of the Resource Conservation and Recovery Act (RCRA) in recent years, including the hazardous waste generator improvement rule and RCRAinfo changes. We do not expect the pace of change to slow in 2026. Here are ALL4’s top 5 RCRA and waste compliance developments that we will be keeping an eye on in 2026.
#1 Paper Manifest Phase Out
Is the time finally upon us? In August 2025, U.S. Environmental Protection Agency (U.S EPA) released a white paper describing their plans for the long-awaited phase out of paper hazardous waste manifests1. The Hazardous Waste Electronic Manifest Establishment Act, also known as the e-manifest Act, was signed into law in 2012 with the intent of modernizing U.S. EPA’s waste tracking system. Although they have made great strides to implement the e-manifest system, the agency has a long way to go before e-manifests become the predominant method of tracking waste shipments. According to the 2025 white paper, 99.5% of manifest submissions still rely on paper manifests and the phase-out has been met with many challenges including limitations related to internet access in the field and the need to pre-register in RCRAinfo before signing an electronic manifest.
In 2026 we expect to see a proposed rule in the Federal Register with a paper manifest sunset date. The rule will likely be finalized in 2027. In the meantime, we expect to see many changes to streamline the RCRAinfo system and overcome the barriers to using e-manifest.
#2 Extended Producer Responsibility for Batteries
Extended producer responsibility (EPR) policies require producers to take responsibility for the end-of-life disposal of their product. Multiple states, including California, have already started implementing statewide EPR programs. The Infrastructure Investment and Jobs Act requires U.S. EPA to develop an EPR program to address challenges related to disposal of end-of-life batteries2. Batteries can pose serious health and safety risks to the public and the workplace due to their ability to short circuit, cause fires and explosions, release toxic fumes, and leak corrosive materials. These risks are exacerbated when batteries are accumulated in large quantities with minimal controls or when batteries end up in municipal waste collection systems. Additionally, collecting and recycling end-of-life batteries creates a large potential to reclaim important resources like lithium, cobalt, and aluminum. In 2025 U.S. EPA hosted a series of virtual working sessions on this topic.
In 2026 we expect U.S. EPA to release a draft voluntary battery EPR framework outline along with supplemental case studies and best practices. Additionally, we expect to see more guidance on end-of-life battery management requirements and a notice of proposed rulemaking for adding lithium-ion batteries to the federal universal waste program. Adding lithium-ion batteries to the universal waste program may establish specific accumulation and packaging requirements for companies taking advantage of the universal waste program.
#3 Per- and Polyfluoroalkyl Substances
In 2024, U.S. EPA issued two proposed rules to revise the definition of hazardous constituents subject to the RCRA corrective action program and address per- and polyfluoroalkyl substances (PFAS)4. The proposed rule stems from a 2019 lawsuit in which U.S. EPA argued that the RCRA corrective action program did not extend to substances that are not listed or characteristic of hazardous waste, such as certain PFAS. Thus, the 2024 proposed rules would expand the definition of hazardous constituents subject to the corrective action program to include substances that meet the statutory definition of hazardous waste in RCRA section 1004(5) and add nine specific PFAS to the list of hazardous constituents subject to the RCRA corrective action program under 40 CFR part 261, Appendix VIII (Appendix VIII).
In 2026, we expect U.S. EPA to issue two final rules that will extend the corrective action program to the nine specific PFAS and to PFAS that meet the statutory definition of hazardous waste. After the nine specific PFAS are added to Appendix VIII, U.S. EPA has the responsibility to evaluate if the PFAS must also be listed as a hazardous waste under 40 CFR §261.11. Adding PFAS to the list of hazardous constituents would only impact facilities covered under the corrective action program but adding PFAS to the hazardous waste list would have a much larger impact on hazardous waste generators as a whole.
#4 Open Burn/Open Detonation Phase Out
When U.S. EPA decided to allow open burning of waste explosives in 1980 under RCRA it was understood that the exception would be temporary. As safer technologies developed, the expectation was that open burn/open detonation (OB/OD) facilities would transition away from OB/OD5. U.S. EPA has monitored the development of safer technologies and published multiple reports on their findings. In 2024, U.S. EPA published a proposed rule to amend the OB/OD standards including de minimis and mobile treatment unit provisions and establishing a timeline for businesses to conduct an alternative technology review and implement the safer technology6.
In 2026, we expect U.S. EPA to finalize the rule, which will start the clock on the safer technologies review schedule for OB/OD facilities. As the rule is currently written, facilities with an RCRA OB/OD permit would be required to submit an alternative technology review with their next permit renewal or modification submission, with some exceptions. Re-evaluations would be required every five years thereafter. When safer technologies are identified, the regulatory agency will establish an implementation schedule for the facility.
#5 RCRA Permitting Updates
U.S. EPA has established national RCRA permitting priorities intended to enhance and streamline the RCRA permitting process7. In 2025, U.S. EPA published model permits and a toolkit to help accomplish this goal. Additionally, in 2025 a presidential memorandum titled “Updating Permitting Technology for the 21st Century” was published8, followed by a Permitting Technology Action Plan from the Council on Environmental Quality9. These actions prompted agencies to develop technology implementation plans.
In 2026, we expect federal agencies to begin piloting or evaluating digital permitting tools. We expect U.S. EPA to issue a notice of proposed rulemaking to make amendments to the permitting process and solicit public input on the RCRA permitting process. We also expect to see more RCRA permitting tools, like model permits and guidance, become .
Connect with ALL4
If you have any questions or concerns about these RCRA developments, feel free to reach out to our team. ALL4 provides RCRA permitting services, prepares routine waste reports, creates standard operating procedures, and conducts hazardous waste training tailored to your site’s needs. Reach out to Meredith Pedraza at 909.477.7132 or Bruce Armbruster at 909.477.7103 to connect with our team. Our RCRA and waste experts are ready to help solve your waste compliance challenges.
1 https://www.regulations.gov/document/EPA-HQ-OLEM-2025-0391-0003
2https://www.epa.gov/electronics-batteries-management/extended-battery-producer-responsibility-epr-framework
3https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202504&RIN=2050-AH32
4https://www.federalregister.gov/citation/89-FR-8606
5https://www.epa.gov/hwpermitting/revisions-standards-open-burning-open-detonation-waste-explosives
6https://www.federalregister.gov/documents/2024/03/20/2024-05088/revisions-to-standards-for-the-open-burningopen-detonation-of-waste-explosives
7https://www.epa.gov/hwpermitting/national-resource-conservation-and-recovery-act-rcra-permitting-priorities
8https://www.whitehouse.gov/presidential-actions/2025/04/updating-permitting-technology-for-the-21st-century/
9https://permitting.innovation.gov/CEQ_Permitting_Technology_Action_Plan.pdf
