United States Solid Waste and EPA530-F-99-046
Environmental Protection Agency Emergency Response November 1999
(5305W) http://www.epa.gov
Office of Sol id Waste
c/EPA Environmental
Fact Sheet
Hazardous Waste Identification Rule:
Proposed Rule
The Environmental Protection Agency (EPA) seeks to amend its regulations
under Subtitle C of the Resource Conservation and Recovery Act (RCRA) by revising
the mixture and derived from rules. EPA is requesting public comments on this
proposed action and on the discussion to establish a concentration-based exemption.
Summary
The focus of this proposal is to retain and amend the mixture rule at 40 CFR
261.3(a)(2)(iii) and (iv) and the derived-from rules at 40 CFR 261.3(c)(2)(i). The
mixture and derived-from rules ensure that hazardous wastes that are mixed
with other wastes or treated in some fashion do not escape regulation as long as
they are reasonably likely to continue to pose threats to human health and the
environment. This proposal also includes a discussion of two regulatory options
for concentration-based exemption, (i.e., a "generic" exemption and a "landfill-
only" exemption). In addition this notice also discusses the possibility of
revising the Land Disposal Restrictions (LDRs) by replacing technology-based
treatment standards in 40 CFR 268.40 and 268.48 with risk-based treatment
standards. The consent decree requires EPA to promulgate a final rule on April
30,2001.
Background
The original Mixture and Derived-From Rules were promulgated in 1980 but
were vacated by the B.C. Circuit Court of Appeals in 1991 based on the courts
belief that these rules had been promulgated without adequate public notice and
opportunity for comments. The court recommended that EPA reinstate these
rules on an emergency basis to ensure the continued protection of human health
and the environment. Shortly after these rules were reinstated, Congress
enacted a mandate to revise the mixture and derived-from rules by the deadline
of October 1, 1994. That deadline was not met by the Agency and thus EPA is
subject to the consent decree dated April 1997 (Environmental Technology
Council v. Browner, C.A. No. 94-2119, 94-2346). This consent decree requires
-------
the Agency to propose revisions to the mixture and derived-from rules by
October 31, 1999.
Action
The purpose of this Proposed Rule is to revise the mixture and derived-from rule
and to provide potential relief from hazardous waste management requirements.
Through this action we are requesting public comments on our proposed revision
to the mixture and derived-from rules and on our discussion of these
concentration-based exemptions.
For More Information
The Federal Register Notice and this fact sheet are available in electronic
format on the Internet at . To order copies of
this document, call the RCRA Hotline, weekdays, 9:00 a.m. to 6:00 p.m.. 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. Write to the RCRA Information Center (5305W), US EPA,
401 M Street SW, Washington, DC 20460. Address e-mail to .
------- |