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EPA/SWER

RIN: 2050-AE22

Publication ID: Fall 1997

Title: Requirements for Management of Hazardous Contaminated Media Commonly Referred to as Hazardous Waste Identification Rule for Contaminated Media or HWIR-Media
Abstract: The Agency's goal for the HWIR-media proposal was to provide significant relief from administrative and substantive obstacles for the management of remediation wastes, so that states and EPA could base waste management decisions on actual site conditions and waste characteristics, according to their professional judgment instead of strict national requirements that are not uniformly appropriate at all cleanup sites. The Agency wanted to reduce the overlap between RCRA and the Clean Water Act (CWA) or Marine Protection, Research and Sanctuaries Act (MPRSA) for dredging operations, and EPA was considering withdrawing the regulations for Corrective Action Management Units (CAMUs). Finally, an additional goal was to streamline state authorization. ^PThe Agency has decided on the general framework for finalization of the HWIR-media rule. The Agency plans to promulgate only targeted elements of the proposal rather than go forward with a more comprehensive approach. EPA plans to complement the targeted elements by leaving the CAMU regulations in place, rather than withdrawing these regulations as proposed. Targeted elements EPA plans to focus on are: alternative land disposal restriction treatment standards for hazardous contaminated soil; streamlined permitting for cleanup sites that would eliminate the requirements for facility-wide corrective action at cleanup-only sites; options for remediation piles that resolve issues raised in the public comments; and a RCRA exclusion for dredged materials managed under CWA or MPRSA permits. At this time, EPA is not planning to finalize the portions of the proposal which would have distinguished between lower- and higher-risk contaminated media and would have given regulatory agencies the flexibility to exempt lower-risk contaminated media from RCRA regulations.
Agency: Environmental Protection Agency(EPA)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Final Rule Stage
Major: No	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) Resource Conservation Recovery Act sec 2002(a) 42 USC 6921 Resource Conservation Recovery Act sec 3001 42 USC 6924 Resource Conservation Recovery Act sec 3004 42 USC 6926 Resource Conservation Recovery Act sec 3006 42 USC 6927 Resource Conservation Recovery Act sec 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 to, among other things, 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. ^PAlthough EPA conducted a lengthy outreach process before developing the HWIR-media proposal and tried to balance the concerns and interests of various stakeholder groups, it is now clear after reviewing public comment on the proposal that stakeholders have fundamental disagreements on many remediation waste management issues. EPA has concluded that pursuing comprehensive regulatory reform would be a time and resource intensive process that would most likely result in a rule that would provoke additional years of litigation and associated uncertainty. This uncertainty would be detrimental to the program and have a negative effect on ongoing and future cleanups. Based on these conclusions, the Agency has decided that a regulatory response will not solve the remediation waste management issues that HWIR-media was designed to solve. ^PWhile EPA believes the targeted elements and corrective action management unit regulations would improve remediation waste management and expedite cleanups, the Agency also recognizes that additional reform is needed, especially for management of non-media remediation wastes like remedial sludges. The Agency will continue to participate in discussions on potential legislation to promote this additional needed reform.

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
NPRM Withdrawn	10/30/1992	57 FR 49280
NPRM	04/29/1996	61 FR 18780
Final	06/00/1998

Additional Information: SAN No. 2982.
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