Modernizing Public Notice for RCRA Hazardous Waste Permitting and Other Actions
Summary of Notice
EPA provided notice and requested public comment on allowing modern electronic alternatives for public notification on hazardous waste permitting and other notification under Subtitle C of the Resource Conservation and Recovery Act (RCRA).
Section 7004(b)(2) of RCRA requires public notice in a “major local newspaper of general circulation,” as part of the hazardous waste permit issuance process. Traditionally, this has been understood as notice in a printed newspaper. However, according to recent research, print newspapers are not available in all communities and, where they are available, are not representative of how most people consume news today.
In view of these trends, this Federal Register notice includes:
- EPA’s interpretation that the RCRA requirement to provide public notice of intent to issue a permit in a “major local newspaper of general circulation,” and EPA’s Subtitle C regulatory newspaper notice requirements, can be satisfied by notice in qualifying online newspapers (as well as print newspapers).
- Request for comment regarding whether online mechanisms that might not typically be viewed as “newspapers,” such as bulletins or newsletters published online by state environmental agencies, could also satisfy these requirements for permit issuance and other actions.
- EPA’s view that the EPA in appropriate cases can authorize state regulations that provide for equivalent notice mechanisms other than newspaper publication (for action not subject to the statutory newspaper requirement).
- Request for comment regarding whether EPA should amend its regulations to allow for more flexibility in providing public notice.
EPA provided an opportunity for public comment. The comment period was open for 60 days, from 12/16/2021 to 2/14/2022. A link to the notice is below: