View Rule

Printer-Friendly Version Download RIN Data in XML

EPA/SWER

RIN: 2050-AE22

Publication ID: Fall 1996

Title: Requirements for Management of Hazardous Contaminated Media Commonly Referred to as Hazardous Waste Identification Rule for Contaminated Media or HWIR-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 and other remediation wastes that are generated from remediating hazardous waste sites. The new regulation would reform the current standards by creating more flexibility for Agency and State decision makers in setting remediation waste management requirements, and by better aligning the RCRA regulations with the actual risks posed by managing remediation wastes. In general, the proposed rule would allow certain lower risk contaminated media to be exempted from the current RCRA regulations and would set treatment standards for higher risk media that reflect the differences between contaminated media (e.g., soils, groundwater) and newly generated hazardous wastes. The regulations would also simplify and streamline RCRA permit requirements for management of remediation wastes and State Authorization requirements for RCRA revisions. Also in this proposal, the Agency proposed an exemption from RCRA Subtitle C for dredged materials managed by the US Army Corps of Engineers under Clean Water Act or Marine Protection, Research and Sanctuaries Act permits. Finally, the Agency proposed to withdraw the regulations for Corrective Action Management Units. The Agency will reevaluate the date listed for publication of the final rule after review of public comment.
Agency: Environmental Protection Agency(EPA)	Priority: Economically Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Final Rule Stage
Major: Yes	Unfunded Mandates: No
CFR Citation: 40 CFR 260 40 CFR 261 40 CFR 264 40 CFR 268 40 CFR 269 40 CFR 271
Legal Authority: 42 USC 6912(a)/RCRA 2002(a) 42 USC 6921/RCRA 3001 42 USC 6924/RCRA 3004 42 USC 6926/RCRA 3006 42 USC 6927/RCRA 3007

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 eligible for exemption from Subtitle C if subject to enforceable site-specific management plans by the overseeing agency.

Alternatives: Alternative regulatory approaches for this rule were 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 and other remediation wastes 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
Withdrawal of NPRM	10/30/1992	57 FR 49280
Second NPRM	04/29/1996	61 FR 18780
Final Action	06/00/1997

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, CERCLA and State cleanup sites.
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