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. ------- 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. ------- |