United States Solid Waste and
Environmental Protection . Emergency Resonse EPA530-F-35-024
Agency (5305W) ' November 1995
Office of Solid Waste
Environmental
Fact Sheet
PROPOSAL TO RELEASE LOW-RISK
HAZARDOUS WASTE FROM REGULATION
• The Environmental Protection Agency (EPA) is proposing to modify the
, regulatory frameworkgoverning hazardous waste management. This-rule is the
first step toward comprehensive reform of the Resource Conservation and
Recovery Act (RCRA). In addition to saving industry about $70-$80 million a
year, this rule'will provide strongincentives for. industry to practice waste
minimization, pollution prevention, and to develop innovative waste treatment
techniques. • .
Background
Current RCRA regulations stipulate that listed waste; mixtures of solid and listed
wastes, and materials derived from treatment, storage or disposal of listed waste remain
regulated as "hazardous" unless delisted by petition. The current regulatory structure does
v not allow for dilute mixtures of solid and listed wastes and treatment residuals from listed
wastes tp'become reclassified except through full rulemaking on a "delisting" petition.
Unless "delisted", such wastes must be managed as hazardous under RCRA regardless of
the concentrations and mobilities of hazardous constituents within the, wastes.
In 1991, the,mixture and derived-from rules were remanded by the 10th Circuit Court
of appeals due to notice and comment problems. In July, 1993, EPA formally chartered a
DialogueCommittee on Hazardous Waste Identification under the Federal Advisory
Committee Act (FACA) to, among other things, identify and evaluate options for the
reduction of overregulation of low-risk wastes under RCRA. The Dialogue Committee
was comprised of various stakeholders, including representatives from industry, public
interest groups and the states. In close cooperation with the states, EPA analyzed the
Dialogue Committee's recommendations and developed this proposal. In May 1995, EPA
entered into a consent decree with the Environmental Technology Council to revise the
RCRA mixture and derived from rules. -
Action
EPA is proposing to establish a risk-based "floor" to hazardous waste listings.' Under
this proposal, generators of listed hazardous wastes .that meet self-implementing exit levels
will no longer be subject to the hazardous waste .management system under Subtitle C of
RCRA as listed hazardous wastes, if they properly notify the applicable environmental
agency and meet other administrative requirements, and comply .with the ongoing condi-
tions of the exemption. . - , ° <
These proposed exit levels were established using an innovative risk assessment which
evaluates potential exposure pathways, both direct and indirect from a variety of sources,
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such as waste piles and surface impoundments. This assessment also focuses on both
human and environmental receptors. Additionally, this notice takes comments on several
general approaches for conditional exemptions from Subtitle C management.
The Agency is also proposing to modify some of the numerical treatment standards
under RCRA that are part of the land disposal restrictions mandated by Congress in the
Hazardous and Solid Waste Amendments of 1984. Specifically this rule proposes to cap
technology-based treatment standards with risk-based exit levels that minimize threats to
human health and the environment These levels are based on the multi-pathway analysis.
This proposal is intended to provide industry with the latitude to manage low-risk
wastes in a manner that is economically feasible, while being protective of human health
and the environment *
More Information
The Federal Register (FR) notice and this fact sheet are available in electronic format
on the Internet System through EPA Public Access Server at gopher.epa.gov. For the text
of the FR notice, choose: Rules, Regulations, and Legislation; the FR-Waste; finally, Year/
Month/Day. This fact sheet is available under: EPA Offices, and Regions/Office of Solid
Waste and Emergency Response (OSWER)/Office of Solid Waste/Hazardous Waste-
Subtitle C/Hazardous Waste Identification/General. •' . '. '
For additional information or to order paper copies of the FR notice, call the RCRA
Hotline. Callers within the Washington, Metropolitan Area must dial 703-412-9810 or
TDD 703-412-3323 (hearing impaired). Long-distance callers may call 1-800-424-9346 or
TDD 1-800-553-7672. The RCRA Hotline is open Monday-Friday, 9:00 a.m. to 6:00 p.m.,
Eastern Standard Time.
Copies of documents applicable to this rule may be obtained by writing: RCRA
Information Center (RIG), U.S. Environmental Protection Agency, Office of Solid Waste
(5305W), 401 M Street SW, Washington,'D.C. .20460.
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