r/EPA
United States
Environmental Protection
Agency
Solid Waste and
Emergency Response
(5305W)
EPA530-F-97-013
April 1997
Office of Solid Waste
Environmental
Fact Sheet
SCHEDULE CHANGED FOR FINAL HAZARDOUS
WASTE IDENTIFICATION RULE (HWIR-WASTE)
Background
On December 21, 1995, the Environmental Protection Agency (EPA) proposed HWIR-
waste (60 FR 66344). The goal of HWIR-waste is to allow low-risk wastes that are now
managed under the full federal hazardous waste program to be managed under alternative
state nonhazardous waste programs that provide adequate protection for low-risk wastes.
After reviewing the comments on the proposed rule and the risk assessment supporting
the rule, EPA realized that we needed an extension of the final rule deadline in order to
appropriately address the comments. Because the deadline of February 13, 1997 was a court-
ordered deadline, the Agency had to negotiate an extension with all the parties in this case,
which included groups representing hazardous waste managers, utilities, and generating
industries.
The negotiations began in November 1996 and continued through two short-term
extensions of the final rule deadline, concluding with the filing of a consent decree with the
court on April 7, 1997, which requested an extension of the final deadline.
Questions and Answers
I. Why is HWIR-waste a good thing?
By tailoring the management of wastes to the risks that they pose, HWIR-waste serves
to focus resources more appropriately and encourage pollution prevention and waste
treatment technologies. Under the Resource Conservation and Recovery Act's (RCRA)
current hazardous waste management scheme (in particular, the mixture and derived-
from rules), wastes listed as hazardous could include low-risk wastes. These low-risk
wastes are subject to the same stringent management controls asMgh-risk wastes. Under
the HWIR-waste rule, companies will have a greater incentive to detoxify their wastes
because low-risk wastes will no longer be subject to rules designed for high risk wastes.
HWIR-waste relies on an innovative risk assessment to determine levels at which wastes
are safe.
2. What is the new final rulemaking deadline?
EPA will sign a new proposed rule by October 81, 1999, and a final rule by
April 30, 2001.
3. Why are the HWIR-waste rulemaking deadlines being extended farther?
When HWIR-waste was proposed in December 1995, the Agency discussed detailed
options for regulating low-risk waste and requested comment on a wide range of issues
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thai had been raised by concerned groups and individuals. We received more than 250
public comments from industry, waste treatment companies, environmental groups,
slate governments, and private citizens on the proposal. EPA persuaded all parties to
the litigation (which include hazardous waste firms, utilities, and waste generating
industries) to support an extension of the deadline so that the Agency can make
improvements to the proposal. Our goal is to promulgate a balanced regulation that
accounts for a diverse set of interests, and that continues to protect human health and
the environment.
4. What work needs to be completed during this time?
The Agency will complete revisions to the risk assessment methodology, reconsider
the regulatory options and framework for making exit levels workable, and provide the
public with an opportunity to comment on the revisions.
5. What is a risk assessment?
.4 risk assessment is a tool used to evaluate and manage the risks of hazardous
materials to human health and the environment. HWIR-waste uses a risk assessment
to set levels for chemicals in waste that allow for safe management of the waste outside
of the hazardous waste management program.
6. How will the schedule ensure an improved risk assessment?
Tlie risk assessment that HWIR-waste uses to determine what levels of chemicals
are safeys innovative in that it considers risks of exposure through a number of
pathways for about 190 toxic constituents (or substances) where data is available.
These pathways include air, surface water, soil, fish, plants, animals, and ground
water. In comparison, earlier effortsjfocused only on ground-water exposure. The
Agency's Science Advisory Board (SAB) and other commenters endorsed the
examination of multiple pathways of exposure rather than limiting the assessment to
ground water. However, the commenters also felt that certain issues associated with
the risk assessment needed to be addressed prior to promulgating a rule. The Agency
has a schedule that will allow us to address the comments and modify the risk
assessment accordingly.
7. How will the consent decree shape EPA work?
In negotiating a consent decree with the plaintiffs and intervenors, EPA agreed to list,
and ask for comment on, some specific issues in its
October 31, 1999 proposal. These issues are ones that EPA already had planned on
addressing as a result of comments on the December 1995 proposal; they represent only a
fraction of all issues the Agency will need to address in the October 1999 proposal. For a
copy of the Consent Decree, please contact the RCRA Hotline or RCRA Information Center
(see question 11 below).
8. How will this affect HWIR-media?
HWIR-media is a separate rule from HWIR-wasteJjIts focus is to defer to state
programs for certain wastes at hazardous waste clean-up sites. The current HWIR-media
rulemaking schedule is not affected by this HWIR-waste extension. EPA is committed to
finalizing an HWIR-media rule by June 1998.
9. Will states be required to adopt the federal HWIR-waste?
Although EPA's objective is for states to adopt HWIR-waste, they are not legally
required to, since HWIR-waste is less stringent than currently existing state
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regulations, which were established under the 1984 Hazardous and Solid Waste
Amendments to RCRA. EPA and the states have worked closely as co-regulators to
ensure that HWIR-waste reflects the states' concerns. EPA plans to continue to work
with the states, and we believe that states will want to adopt and share in this
regulatory relief for their generators.
10. What economic benefits to Americans are anticipated from this
action?
The Agency projects improved net economic welfare to the nation as a result of the
HWIR-waste rule. For example,, the HWIR exemption will allow generators and waste
managers to avoid costs associated with the unnecessary treatment of wastes beyond
the point at which threats to human health, and the environment are minimized.
HWIR will also reduce administrative costs under certain circumstances, and is likely
to stimulate cost savings due to incentives for waste minimization.
11. How do I submit comments or get more information?
EPA wants to ensure that the concerned public is informed about the issues
associated with HWIR-waste, and is involved in evaluating all of the options to the
greatest possible extent. We encourage you to visit our HWIR-waste Web Page which is
located at http://www.epa.gov/epaoswer/hazwaste/id/ hwirwste. Comments may be
submitted electronically by sending electronic mail through the Internet to:
rcradocket@epamail.epa.gov. Comments in electronic format should also be identified
by the docket number F-95-WHWP-FFFFF.
To obtain more information, you may also call the RCRA Hotline at
800-424-9346or TDD 800-553-7672 (hearing impaired). In the Washington, D.C.,
metropolitan area, call 703-412-9810 or TDD 703-412-3323. The RCRA Hotline is open
Monday-Friday, 9:00 a.m. to 6:00 p.m., Eastern Time. Address written requests or
comments to: RCRA Information Center (RIC), U.S. Environmental Protection Agency,
Office of Solid Waste (5305W), 401M Street SW, Washington, D.C. 20460.
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