United States
                    Environmental Protection
 Office of Solid Waste
 and Emergency Response
EPA530-F-95-002
February 1995
                    Office of Solid Waste
&EPA        Environmental
                    Fact  Sheet
       Background
                    EPA Proposes Concentration-Based
                    Treatment Standards for Hazardous
                    Constituents Found  in Characteristic
                    Wastes Managed in Clean Water Act
                    Systems
                    This proposal presents innovative compliance options for
                    meeting requirements posed by OEM v . EPA, and addresses
                    ways to interact overlapping requirements under the Clean
                    Water Act, and the Resource Conservation and Recovery Act
                    statutes to avoid duplication.
       This proposed rule primarily
       addresses issues arising from the
       D.C. Circuit Court's opinion on
       the Third Third Standards for
       Ignitable, Corrosive, and Reactive
       Wastes (CWM v. EPA, 976 F.
       2d 2). In that opinion, the Court
       held that the deactivation
       standard for ignitable and
       corrosive wastes did not fully
       comply with RCRA because it
       could be achieved by dilution, and
       dilution fails to destroy or remove
       the hazardous constituents that
       can be present in the wastes.

       In addition to responding to the
       Court ruling, the statutory
       schedule for land disposal
restriction (LDR) rules covered by
the Hazardous and Solid Waste
Amendments was completed on
May 8, 1984.  A number of wastes,
however, have been brought into
the system since 1984 and LDR
treatment standards must also be
promulgated for these wastes.
This proposed rule fulfills the
requirements  of a proposed
consent decree with the
Environmental Defense Fund and
a settlement agreement with the
Environmental Technology
Council and a number of
environmental groups including
the Natural Resources Defense
Council.

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Action
Contact
This notice proposes
concentration-based treatment
standards for underlying
hazardous constituents found in
deactivated ignitable, corrosive,
reactive and toxicity characteristic
(TC) wastes managed in Clean
Water Act (CWA) and CWA-
equivalent treatment systems or
injected into Underground
Injection Control (UIC) Class I
nonhazardous injections wells
regulated under the Safe Drinking
Water Act. The rule also proposes
treatment standards for the newly
listed spent aluminum potliner,
organobromine and carbamate
wastes. The Agency is also
proposing that hazardous waste be
prohibited from use as fill
material. Additional^, the rule
proposes improvements to the LDR
program such as filling gaps in the
Universal Treatment Standards
promulgated in the LDR Phase II
rule.
For further information, or to order
a copy of the Federal Register
Notice, please call the RCRA
Hotline Monday through Friday,
8:30 a.m. to 3:30 p.m., EST.  The
national toll-free number is (800)
424-9346; for the hearing impaired
it is (TDD) (800) 553-7672. In the
Washington D.C. metro area the
number is (703) 920-9810 or
(TDD) (703) 486-3323. Or write to
the RCRA Information Center
(5305), US EPA, 401 M Street, SW,
Washington, D.C.  20460.

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