Hazardous Waste Management System: Identification and Listing of Hazardous Waste: Hazardous Waste Identification Rule (HWIR)

The Environmental Protection Agency (EPA) today is proposing to amend its regulations under the Resource Conservation and Recovery Act (RCRA) by establishing constituent-specific exit levels for low- risk solid wastes that are designated as hazardous because they are listed, or have been mixed with, derived from, or contain listed hazardous wastes. Under this proposal, generators of listed hazardous wastes that meet the self-implementing exit levels would no longer be subject to the hazardous waste management system under Subtitle C of RCRA as listed hazardous wastes. Today's Notice, commonly referred to as the Hazardous Waste Identification Rule (HWIR), establishes a risk- based ``floor'' to hazardous waste listings that will encourage pollution prevention, waste minimization, and the development of innovative waste treatment technologies. Many of the exit levels are established using an innovative risk assessment which evaluates potential exposure pathways, both direct and indirect, from a variety of sources, such as waste piles and surface impoundments. This assessment focuses on both human and environmental receptors and is presented for comment in today's Notice. The remaining exit levels are based on an alternative risk analysis. The Agency is also proposing to modify some of the land disposal restriction (LDR) numerical treatment standards listed in subpart D of 40 CFR part 268. This notice proposes to cap technology-based treatment standards with the risk-based exit levels which minimize threats to human health and the environment. This notice also takes comment on several general approaches and one specific approach for conditional exemptions from subtitle C management. Today's notice also contains the Agency's tentative response to a petition for rulemaking submitted by the Chemical Manufacturers Association and the Agency's tentative response to the recommendations made by the Dialogue Committee on Hazardous Waste Identification. This committee was formally chartered in July 1993 in accordance with the Federal Advisory Committee Act (FACA).