United States Office of Solid Waste
Environmental Protection and Emergency Response EPA530-F-92-008
Agency (OS-305) May 1992
Off ice of Solid Waste
v>EPA Environmental
Fact Sheet
EPA PROPOSES REVISED
HAZARDOUS WASTE
IDENTIFICATION RULE
The Environmental Protection Agency (EPA) has issued a Notice of
Proposed Rulemaking outlining a number of options that would amend
the definition of hazardous waste by either establishing concentration-
based exemption levels for some hazardous constituents found in certain
wastes, or by expanding the number of hazardous constituents in the
Toxicity Characteristics (TC) rule. EPA is requesting comments on the
proposal.
Background
Subtitle C of The Resource Conservation and Recovery Act (RCRA)
outlines two procedures to be used in defining hazardous waste: char-
acteristics and listing. Waste that exhibits any of four specific charac-
teristics is defined as hazardous under hazardous waste management
regulations, and remains so until it no longer exhibits that characteris-
tic. Current regulations also stipulate that listed wastes, mixtures of
solid and listed wastes, and materials derived from the treatment,
storage, or disposal of listed wastes remain "hazardous" unless delisted
by petition. Media or materials (e.g., soil, groundwater, rags) that are
contaminated with listed waste must also be managed as hazardous,
unless they are delisted, or all the listed waste is removed. Although
some of these wastes and contaminated media or materials may not
pose significant risk to human health or the environment, there is no
concentration level below which these materials are no longer consid-
ered subject to hazardous waste regulations.
The proposed rule outlines approaches EPA is considering to define
wastes which do not merit regulation under Subtitle C and which can
and will be safely managed under other regulatory regimes.
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Action
As the first step in the Agency's RCRA Reform Initiative,
EPA is considering several approaches to define the conditions
under which certain hazardous wastes no longer present a substantial
threat to human health and the environment and therefore do not
merit Subtitle C regulation under RCRA. This action is intended to
enhance environmental protection by removing lower risk wastes from
RCRA Subtitle C requirements and targetting the program on the most
significant risks.
The first approach would be to set regulatory threshold levels to
exempt wastes under the current system. The levels would be tested
using currently used methods. This approach is referred to in the
proposal as the Concentration-Based Exemption Criteria, or CBEC.
Three options for setting these levels are being considered under CBEC:
health-based exemption levels; technology-based concentration levels;
or a combination of the two. Dilution would not be allowed as a means
of reaching the exemption level. CBEC has the potential of exempting
millions of tons of low-risk wastes.
The second approach would be to expand the characteristics for a
number of additional substances, this approach is referred to in the
proposal as the Expanded CHaracteristlcs Option, or ECHO. The ex-
pansion of the characteristics would serve as the sole means for identi-
fying hazardous wastes. This approach would simplify the waste iden-
tification system by making the "entrance" for a waste into the system
the same concentration as the "exit." Under ECHO, whether or not a
particular waste is added to or dropped from regulatory controls would
depend on the levels triggering inclusion into the system. ECHO has
the potential to bring some new solid waste streams into Subtitle C
control, while deregulating substantial volumes of low-risk wastes
currently being managed as hazardous waste.
EPA is also considering the use of management standards in con-
junction with both the CBEC and ECHO approaches as a way of pro-
viding a continuum of management based on risk. Under these contin-
gent management options, wastes within a certain concentration range
would be exempt from Subtitle C regulation if certain waste manage-
ment practices are followed.
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Public Comment
EPA is requesting public comment on this proposed rule. Com-
ments should be submitted to EPA within 60 days of the publication of
the Federal Register notice announcing this action. For instructions on
submitting written comments, please see the Federal Register notice. It
is available at no charge by calling the RCRA Hotline or by going to
EPA's RCRA Information Center in Washington, D.C.
Contact
For further information, or to order a copy of the Federal Register
notice, please contact the RCRA Hotline Monday through Friday, 8:30
a.m. to 7:30 p.m. EST. The national toll-free number is (800) 424-9346
or TDD (800) 553-7672 (hearing impaired); or in Washington, D.C., the
number is (703) 920-9810 or TDD (703) 486-3323.
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