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EPA/SWER

RIN: 2050-AE22

Publication ID: Fall 1995

Title: Identification and Listing of Hazardous Wastes; Hazardous Waste Identification Rule (HWIR): Contaminated Media
Abstract: The goal of this regulation is to establish a new regulatory framework under the Resource Conservation and Recovery Act (RCRA) for the management of contaminated media that are generated from remediating hazardous waste sites. The new regulation will reform the current standards by creating more flexibility for Agency decisionmakers in setting cleanup requirements, and by better aligning the RCRA regulations with the actual risks posed by managing contaminated media. The rule will exempt certain lower risk contaminated media from the traditional RCRA regulations and will set treatment standards for higher risk media that reflect the inherent differences between contaminated media (e.g., soils, groundwater) and newly generated hazardous wastes. The regulations will also simplify and streamline RCRA permit requirements for cleanups that involve managing hazardous materials.
Agency: Environmental Protection Agency(EPA)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Proposed Rule Stage
CFR Citation: 40 CFR 260 40 CFR 261 40 CFR 262 40 CFR 264 40 CFR 268
Legal Authority: 42 USC 6912(a)/RCRA 3001 42 USC 6905 42 USC 6921 42 USC 6922 42 USC 6926

Statement of Need: Since 1980, the Environmental Protection Agency (EPA) has promulgated comprehensive regulations under subtitle C of RCRA governing the treatment, storage, disposal, and transportation of hazardous wastes. These regulations have been designed primarily to discourage hazardous waste generation, and for those wastes generated, to prevent future environmental contamination by ensuring safe management and disposal. In contrast, the primary objective of the cleanup program is to achieve environmental improvement as quickly and effectively as possible. ^PIn 1993, EPA, States, and representatives from industry, environmental groups, and the hazardous waste treatment industry (constituting a Federal Advisory Committee (FACA)) reached a tentative agreement on a "harmonized approach" to address this issue. This approach distinguishes between "higher" and "lower" level (bright line) contaminated media based on assessment of potential human health and environmental risks. The bright line would be set at a relatively high-risk level to allow States and EPA to identify hot spots that would be subject to subtitle C requirements (land-disposal regulations and MTR). Media above bright-line concentrations would be subject to specific national treatment requirements; media below the bright line would be exempt from subtitle C if subject to enforceable site-specific management by the overseeing agency.

Alternatives: Alternative regulatory approaches for this rule will be proposed and analyzed.

Anticipated Costs and Benefits: Analyses of costs and benefits will be conducted as part of the economic analysis for this rule required under Executive Order 12866.

Risks: One of the primary objectives of this rule is to establish requirements for management of contaminated media that more accurately reflect the risks posed by such wastes. Thus, the rule is expected to result in cleanups that achieve the Agency's risk reduction objectives in a more efficient and expeditious manner. More quantitative analysis of the risks associated with this rule will be included in the economic analysis.

Timetable:

Action	Date	FR Cite
NPRM	05/20/1992	57 FR 21450
NPRM Withdrawal	10/30/1992	57 FR 49280
Reproposal	12/00/1995
Final Action	03/00/1997

Additional Information: SAN No. 2982. ^PReinventing Government: The rule was highlighted as one of the Agency's top regulatory reform initiatives in the President's March 16, 1995 report, "Reinventing Environmental Regulations." The HWIR Media rule is an important component of EPA's regulatory efforts to make the RCRA hazardous waste program more risk based and to expedite cleanups at RCRA, UST, and CERCLA sites. ^PRFA: Y
Regulatory Flexibility Analysis Required: Yes	Government Levels Affected: Federal, State
Small Entities Affected: Businesses
Included in the Regulatory Plan: Yes
Agency Contact: Carolyn Loomis Hoskinson Environmental Protection Agency Solid Waste and Emergency Response 5303W, Washington, DC 20460 Phone:703 308-8626