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Statement of Need:

Technological advances have been made since the 1980 Interim Status regulations were issued that banned the open burning of hazardous wastes but created an exception to allow open burning/open detonation (OB/OD) of waste explosives due to a lack of other safe modes of treatment. In 2019, EPA and the National Academies of Science, Engineering, and Medicine published reports documenting safe and available alternative treatment technologies that could be used in lieu of OB/OD. A rulemaking would clarify how a demonstration of eligibility must be made before OB/OD can be used or continued, in light of safe and available alternative treatment technologies.

Summary of the Legal Basis:

The proposed rule would be established under the authority of the Solid Waste Disposal Act of 1970, as amended by the Resource Conservation and Recovery Act of 1976 (RCRA), as amended by the Hazardous and Solid Waste Amendments of 1984 (HWSA).

Alternatives:

Based on recent information regarding availability of safe alternatives, we are considering revising the existing regulation to explicitly state how a demonstration of eligibility must be made. We have not identified at this time any alternatives for analysis.

Anticipated Costs and Benefits:

The Agency will evaluate anticipated costs and benefits as part of the rule development process

Risks:

The Agency will evaluate risk reductions and impacts as part of the rule development process. It is currently too early in the process to make such determinations.