United States bono waste ana
Environmental Protection Emergency Response EPA530-F-92-002
Agency (OS-305) February 1992
Office of Solid Waste
SEPA Environmental
Fact Sheet
EPA Issues Interim Final Regulations
on the "Mixture" and "Derived-from"
Rules
Background
On May 19, 1980, EPA published the final rules governing the
management of hazardous waste. As part of these rules, EPA defined
"hazardous wastes" to include waste resulting from mixing or otherwise
managing hazardous waste. These rules are known, respectively, as
the "mixture" and "derived-from" rules. The Agency promulgated these
rules to close a potentially major loophole in the hazardous waste
management system. Without a "mixture" rule, generators of
hazardous waste could perhaps evade regulatory requirements by
mixing hazardous waste with non-hazardous waste and claiming that
the mixture was no longer hazardous, even though it posed
environmental hazards. Without the "derived-from" rule, owners and
disposal facilities could perhaps evade regulation by minimally
processing or managing a hazardous waste and claiming that the
residue was no longer hazardous.
On December 6, 1991, a panel of the United States Court of Appeals
for the District of Columbia ruled that EPA had failed to give sufficient
notice and opportunity for comment in promulgating the "mixture" and
"derived-from" rules. The court therefore vacated the rules and
remanded them to the Agency. However, the court did not rule on the
technical merits of the rules. In addition, the court also invited EPA to
reenact the rules on an interim basis to avoid program disruption.
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Action
On January 21, 1991, EPA requested the court to reconsider its
decision. The court has denied EPA's request. EPA is therefore
reinstating the "mixture11 and "derived-from" rules on an interim basis.
In a separate Federal Register notice, EPA is also requesting public
comment on these rules and on other approaches to the regulation of
waste mixtures and residues. This reinstatement will expire April 28,
1993, unless EPA promulgates a new version of the rules before that
date. EPA intends to issue a final rule before that deadline.
Contact
For further information, or to order copies of the Federal Register
notices, please call the RCRA Hotline Monday through Friday, 8:30
a.m. to 7:30 p.m., EST.
National Toll-Free: (800) 424-9346;
For the Hearing Impaired: flDD) (800) 553-7672;
Washington, DC area: (703) 920-9810;
Washington, DC area: fTDD) (703)486-3323;
Please send all written requests to:
RCRA Information Center (OS-305)
US Environmental Protection Agency
401 M Street, SW
Washington, DC 20460.
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