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Statement of Need: EPA has proposed to amend its regulations under RCRA for hazardous waste identification. The amendment would establish exemption criteria for low-risk listed hazardous wastes, waste mixtures, and derivatives. ^PUnder the amendment, low-risk listed hazardous wastes, waste mixtures, and derivatives meeting the exemption criteria would no longer be subject to hazardous waste management requirements under subtitle C of RCRA. ^PThe provisions of the final rule will reflect a balancing of the Agency's informational needs for oversight and enforcement with the practical resource considerations of the generator. This rule would reduce the demand on scarce subtitle C landfill capacity and would not increase risk to humans or the environment, because the exempt waste would be low-risk and not warrant management under subtitle C. This rule will also promote pollution prevention, waste minimization, and development of innovative waste treatment technology. ^PThis notice will also contain the Agency's response to a petition for rulemaking submitted by the Chemical Manufacturers Association.

Alternatives: A variety of alternatives for establishing the exemption criteria and the implementation requirements were identified by a FACA committee co-chaired by EPA and the States. EPA is forging a strong partnership with the States in the interest of our co-regulator, co-implementor roles. The proposal included a basic exit option and requested comment on contingent management alternatives.

Anticipated Costs and Benefits: The proposal estimated that 64 million tons of wastewater and 0.40 million tons of non-wastewaters would be exempted, providing annual cost savings to industry of approximately $75 million. Additional options examined in the proposal could vary these volumes estimates upwards, providing industry annual cost savings of $99-245 million.

Risks: This rule would maintain current levels of risk protection.