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, ------- 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. ------- |