Hazardous Waste: EPA Should Take Additional Actions to Encourage Treatment, Storage, and Disposal Facilities to Manage Climate Risks

Fast Facts

The U.S. treats, stores, and disposes of different types of hazardous waste in facilities around the country. Many of these facilities are in areas at risk from natural disasters, such as flooding, which may be exacerbated by climate change.

These facilities are required to manage various risks. But, planning for the effects of climate change—such as more frequent and intense weather events—can be challenging. For example, some facilities may need guidance from the Environmental Protection Agency on how to assess climate risks to their facilities and what data to use.

We recommended that EPA provide this guidance, and more.

United States Environment Protection Agency building

Highlights

What GAO Found

Federal data on flooding, wildfires, storm surge, and sea level rise indicate that more than 700 hazardous waste treatment, storage, and disposal facilities, or about 68 percent, are located in areas with one or more of these hazards that could be exacerbated by climate change.

Hazardous Waste Storage Tanks at a Treatment, Storage, and Disposal Facility

U.S. Environmental Protection Agency (EPA) regions, authorized states, and facilities need more clarity on whether managing climate risks to facilities is required or there is existing authority to do so under the Resource Conservation and Recovery Act of 1976, as amended (RCRA). EPA has taken steps to clarify authorities and requirements for managing climate risks as part of permitting but has not done so for compliance and enforcement efforts, such as inspections. In June 2024, EPA issued guidance on selected RCRA authorities that regions and states could use to develop facility permit requirements to manage climate risks. However, some states and facilities may not implement the guidance unless EPA amends regulations to explicitly clarify authorities and requirements. EPA officials said the agency could provide training and technical assistance to regions and states to help ensure they understand and implement the guidance, but EPA has not done so yet. Without providing this training and technical assistance and seeking further feedback to determine whether it should issue regulations to fully clarify authorities and requirements for managing climate risks, EPA may be unable to ensure effective and consistent management of these risks.

EPA regions, states, and facilities also face challenges in managing climate risks. For example, regions, states, and facilities need guidance on how to assess climate risks and face challenges in knowing what data they should use to do so, according to interviews with officials from EPA, states, and stakeholder groups. By issuing guidance to regions, states, and facilities on how to manage climate risks, along with providing data, tools, and training, EPA could better ensure these risks are managed sufficiently and that regions, states, and facilities have the direction and information necessary to do so.

Why GAO Did This Study

More than 1,000 facilities across the nation treat, store, and dispose of hazardous waste that could harm human health and the environment if released. Natural hazards such as flooding—which may become more frequent and intense due to climate change—can lead to hazardous waste releases. RCRA governs the management of hazardous waste by facilities. EPA promulgates RCRA regulations to minimize the risk of releases from facilities and has authorized 48 states to implement these regulations in lieu of EPA. EPA regional offices assist and oversee states in implementing RCRA.

GAO was asked to review EPA's role in addressing climate risks to facilities. This report examines 1) the extent to which facilities are located in areas with selected natural hazards that may be exacerbated by climate change; 2) the extent to which EPA requires or encourages authorized states and facilities to manage risks to human health and the environment from climate change; and 3) challenges EPA, states, and facilities face in managing climate risks. GAO analyzed federal data on facilities and four natural hazards, reviewed agency documents, and interviewed officials from EPA headquarters and five regional offices, four state agencies, and eight stakeholder groups.

Recommendations

GAO is making nine recommendations to EPA, including that it provide training and technical assistance and assess issuing regulations to clarify requirements and provide direction on managing facility climate risks. EPA agreed with our recommendations.

Recommendations for Executive Action

Agency Affected	Recommendation	Status
Environmental Protection Agency	The Assistant Administrator of the Office of Land and Emergency Management should develop and provide training and technical assistance to help EPA regions and authorized states implement recent guidance on using existing authorities and requirements to manage climate risks to TSDFs. (Recommendation 1)	Open When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
Environmental Protection Agency	The Assistant Administrator of the Office of Land and Emergency Management should use its upcoming rulemaking to seek feedback from authorized states, TSDFs, and other stakeholders to assess whether its recent guidance is sufficient or revising regulations would be necessary to clarify requirements for managing climate risks to TSDFs. (Recommendation 2)	Open When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
Environmental Protection Agency	The Assistant Administrator of the Office of Enforcement and Compliance Assurance should issue guidance to clarify RCRA authorities and requirements for managing climate risks to TSDFs as part of authorized states' and EPA regions' RCRA compliance and enforcement efforts. (Recommendation 3)	Open When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
Environmental Protection Agency	The Assistant Administrator of the Office of Land and Emergency Management, in consultation with EPA regional offices, should develop and implement monitoring metrics and assess whether and how authorized states and TSDFs are managing climate risks to TSDFs in RCRA permitting and oversight efforts. (Recommendation 4)	Open When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
Environmental Protection Agency	The Assistant Administrator of the Office of Enforcement and Compliance Assurance, in consultation with EPA regional offices, should develop and implement monitoring metrics and assess whether and how authorized states and TSDFs are managing climate risks to TSDFs in RCRA compliance monitoring and enforcement efforts. (Recommendation 5)	Open When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
Environmental Protection Agency	The Assistant Administrator of the Office of Land and Emergency Management, together with other relevant EPA offices and EPA regions, should assess the current RCRA TSDF standards and requirements to determine if they will be sufficient to manage climate risks and, if one or more of them need to be updated to ensure they remain protective of human health and the environment, develop a plan for any revisions or updates. (Recommendation 6)	Open When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
Environmental Protection Agency	The Assistant Administrator of the Office of Land and Emergency Management should issue guidance to EPA regions, authorized states, and TSDFs on how to manage climate change risks as part of RCRA program permitting efforts for TSDFs and identify or provide related data, training, or tools. (Recommendation 7)	Open When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
Environmental Protection Agency	The Assistant Administrator of the Office of Enforcement and Compliance Assurance should issue guidance to EPA regions, authorized states, and TSDFs on how to manage climate change risks as part of RCRA program compliance and enforcement efforts for TSDFs and identify or provide related data, training, or tools. (Recommendation 8)	Open When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
Environmental Protection Agency	The Assistant Administrator of the Office of Land and Emergency Management, together with other relevant EPA offices and regions, should identify and communicate additional financial resources and assistance from federal resilience funding sources that may be available to authorized states and TSDFs. (Recommendation 9)	Open When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.