The U.S. Environmental Protection Agency (EPA) issued a final rule granting authorization to the State of Ohio for revisions to its hazardous waste management program under the Resource Conservation and Recovery Act (RCRA). The action approves updates to Ohio’s state RCRA program as being equivalent to, consistent with, and no less stringent than the corresponding federal regulations. Ohio EPA first received authorization to implement its state RCRA program on June 28, 1989. Importantly for Ohio’s regulated community, US EPA stated its strong commitment to cooperative federalism and to supporting Ohio EPA’s RCRA program.
US EPA received several comments in response to its notice of proposed authorization published in the federal register on November 18, 2025. In responding to public comments, EPA explained that the issues raised did not warrant changes to the final authorization decision because they largely concerned matters outside the scope of the action. Several commenters questioned broader federal or state hazardous waste policies. The agency reiterated that today’s action does not address (and could not reopen or reconsider) underlying federal hazardous waste regulations. EPA also addressed comments related to implementation and enforcement, clarifying that once authorized, Ohio will have primary responsibility for administering the updated hazardous waste program, including permitting and compliance activities, while EPA retains its oversight and enforcement authorities under federal law. Ultimately, EPA concluded that none of the comments identified deficiencies in Ohio’s program relative to federal requirements, and therefore the agency finalized the authorization as proposed.
If your facility is regulated by the state and federal RCRA program and you have questions how this action may impact you, please contact David Edelstein, Kristin Watt or Jake Bartlett at Vorys.