On February 3, 2025, the EPA announced it launched the largest wildfire hazardous waste cleanup in the history of the Agency as it assists local governments and residents in the wake of catastrophic fires in Los Angeles County.

 

As of that date, the EPA had completed reconnaissance at 6,022 properties, which included 3,636 properties impacted by the Eaton Fire and 2,386 properties impacted by the Palisades Fire. At that time, the Agency had successfully removed 80 electric vehicles and bulk energy storage systems, which are extremely dangerous to the public and the environment.

The Federal Emergency Management Agency (FEMA) tasked the EPA with the first stage of overall recovery and cleanup: the project to remove lithium-ion batteries and to survey, remove, and dispose of hazardous materials from properties burned by wildfires.

On January 24, 2025, President Donald Trump issued the Executive Order Emergency Measures to Provide Water Resources in California and Improve Disaster Response in Certain Areas. This directs the EPA to complete its hazardous materials mission responding to the Los Angeles wildfires as soon as practical. The EPA’s work removing hazardous materials is Phase 1 of the federal cleanup response. This work, conducted at no cost to residents, is a mandatory process to ensure the safety of residents and the workers who will, after the hazardous material is gone, conduct the Phase 2 debris removal in the burn footprints, as well as to prevent these materials from being released into the environment. Phase 2 will be conducted by the U.S. Army Corps of Engineers, as coordinated by FEMA. Once Phase 1 has been completed at a property, Phase 2 will begin automatically.

“The speed of this cleanup is unprecedented, and it’s a testament to local, state and federal government’s commitment to getting families back on their feet as quickly as possible. We’re cutting through the red tape and working with our partners to ensure that recovery moves at a record pace, helping communities rebuild stronger and more resilient,” stated a press release issued by Governor Gavin Newsom’s office.

RCRA

Regulations for industry cleanup of hazardous waste fall under the Resource Conservation and Recovery Act (RCRA).

What is hazardous waste? Under RCRA, hazardous waste is waste with a chemical composition or other properties that make it capable of causing illness, death, or some other harm to humans and other life forms when mismanaged or released into the environment.

To determine if waste is hazardous under RCRA, the EPA uses the following four questions:

• Is the waste a "solid waste"?
• Is the waste specifically excluded from RCRA regulations?
• Is the waste a "listed" hazardous waste?
• Does the waste exhibit a characteristic of hazardous waste?

Congress defined hazardous waste under RCRA as: “A solid waste, or combination of solid waste, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may (a) cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or (b) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed.”

It's important to understand that “solid waste” as defined under RCRA can be a solid, semisolid, or liquid.

EPA emergency response and removals

Each year, thousands of emergencies involving oil spills or the release (or threatened release) of hazardous substances are reported in the United States.

The EPA’s emergency response program responds to oil spills; chemical, biological, radiological, and nuclear incidents; and large-scale national emergencies, including homeland security incidents. The EPA provides support when requested or when state and local first responder capabilities have been exceeded.

Removal actions are quick responses to immediate threats from hazardous substances to eliminate dangers to the public. Typical situations requiring removal actions include chemical fires or explosions, threats to people from exposure to hazardous substances, or contamination of drinking water supplies.

Examples of removal actions include:

• Removing and disposing of hazardous substances;
• Constructing a fence or taking security precautions to limit human access to a site;
• Providing a temporary alternative water supply to residents when drinking water is contaminated; and
• Temporarily relocating area residents, if necessary.