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EPA/SWER

RIN: 2050-AE22

Publication ID: Spring 1999

Title: Hazardous Remediation Waste Management Requirements (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. The Agency has since finalized the HWIR-media rule. The Agency promulgated only targeted elements of the proposal rather than a more comprehensive approach. EPA complemented the targeted elements by leaving the CAMU regulations in place, rather than withdrawing these regulations as proposed. Targeted elements EPA included were: 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. EPA also included streamlined procedures for State authorization of minor or routine RCRA rules. EPA withdrew 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 requirements. The Agency has finalized the alternative land disposal restriction treatment standards for hazardous contaminated soil as part of the Land Disposal Restrictions Phase IV rulemaking (63 FR 28556, May 26, 1998).
Agency: Environmental Protection Agency(EPA)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Completed Actions
Major: No	Unfunded Mandates: No
CFR Citation: 40 CFR 260 40 CFR 261 40 CFR 264 40 CFR 265 40 CFR 268 40 CFR 270 40 CFR 271
Legal Authority: 42 USC 6905 RCRA (RCRA) sec 1006 42 USC 6906 RCRA sec 1007 42 USC 6912 RCRA sec 2002 42 USC 6912(a) RCRA sec 2002(a) 42 USC 6921 RCRA sec 3001 42 USC 6922 RCRA sec 3002 42 USC 6923 RCRA sec 3003 42 USC 6924 RCRA sec 3004 42 USC 6925 RCRA sec 3005 42 USC 6926 RCRA sec 3006 42 USC 6927 RCRA sec 3007 42 USC 6935 RCRA sec 3014 42 USC 6936 RCRA sec 3015 42 USC 6937 RCRA sec 3016 42 USC 6974 RCRA sec 7004

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 Action	11/30/1998	63 FR 65873
Deleted at Agency Request - The Agency Plans No Further Action.	12/01/1998	63 FR 66101

Additional Information: SAN No. 2982
Regulatory Flexibility Analysis Required: No	Government Levels Affected: Federal, State
Small Entities Affected: No
Included in the Regulatory Plan: No
Agency Contact: Mike Fitzpatrick Environmental Protection Agency Solid Waste and Emergency Response 5303W, Washington, DC 20460 Phone:703 308-8411