Hazardous waste: media); partial withdrawal,

[Federal Register: December 1, 1998 (Volume 63, Number 230)]

[Proposed Rules]

[Page 66101-66102]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr01de98-30]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 260, 261, 262, 264, 268, 269 and 271

[FRL-6195-4]

RIN 2050-AE22

Requirements for Management of Hazardous Contaminated Media (HWIR-media)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Partial withdrawal of proposed rule.

SUMMARY: For the reasons set out in the HWIR-media final rule, officially titled ``Hazardous Remediation Waste Management Requirements (HWIR-media)'' published in the Federal Register of November 30, 1998, and the Phase IV LDR final rule, official titled ``Land Disposal Restrictions Phase IV: Final Rule Promulgating Treatment Standards for Metal Wastes and Mineral Processing Wastes; Mineral Processing Secondary Materials and Bevill Exclusion Issues; Treatment Standards for Hazardous Soils, and Exclusion of Recycled Wood Preserving Wastewaters; Final Rule'' (63 FR 28556 (May 26, 1998)) this document withdraws all portions of the HWIR-media proposed rule (61 FR 18780 (April 29, 1996)) except those that were finalized in the above two final rules, or on which action was expressly deferred (i.e., the Treatability Sample Exclusion Rule, that EPA requested comments on expanding in the HWIR-media proposal at 61 FR 18817), in those documents.

ADDRESSES: Supporting materials are available for viewing in the RCRA Information Center (RIC), located at Crystal Gateway I, First Floor, 1235 Jefferson Davis Highway, Arlington, VA. The Docket Identification Number is F-98-MHWF-FFFFF. The RIC is open from 9 a.m. to 4 p.m., Monday through Friday, excluding Federal holidays. To review docket materials, it is recommended that the public make an appointment by calling (703) 603-9230. The public may copy a maximum of 100 pages from any regulatory docket at no charge. Additional copies cost $0.15/page. The index and some supporting materials are available electronically. See the SUPPLEMENTARY INFORMATION section for information on accessing them.

FOR FURTHER INFORMATION CONTACT: For general information, contact the RCRA Hotline at (800) 424-9346 or TDD (800) 553-7672 (hearing impaired). In the Washington, DC, metropolitan area, call (703) 412- 9810 or TDD (703) 412-3323.

For more detailed information on specific aspects of this rulemaking, contact Michael Fitzpatrick, Office of Solid Waste 5303W, U.S. Environmental Protection Agency, 401 M Street, SW, Washington, DC 20460, (703) 308-8411, fitzpatrick.mike@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: The index and supporting materials are available on the Internet. Follow these instructions to access the information electronically:

WWW:http://www.epa.gov/epaoswer/hazwaste/id/hwirmdia.htm

As discussed in the HWIR-media final rule, officially titled ``Hazardous Remediation Waste Management Requirements (HWIR-media)'' published in the Federal Register of November 30, 1998, EPA decided to promulgate only selected elements of the HWIR-media proposal, rather than go forward with a more comprehensive approach as proposed.

Although EPA conducted a lengthy outreach process before developing the HWIR-media proposal and made every effort to balance the concerns and interests of various stakeholder groups, public comment on the proposal made it clear that stakeholders fundamentally

[[Page 66102]]

disagree on many remediation waste management issues.

EPA agreed with commenters' concerns that the Bright Line approach would be too difficult to implement, and that a Bright Line that would satisfy commenters who wanted the Bright Line levels to consist of very conservative levels would not sufficiently reform the system to remove the existing barriers to efficient, protective remediation waste management. EPA has concluded that pursuing broader 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 not to finalize either the Bright Line or the Unitary Approach, and recognizes that a purely regulatory response will not solve all of the remediation waste management issues that HWIR-media was designed to solve.

While EPA believes the elements finalized in the final HWIR-media rule published in the Federal Register of November 30, 1998 along with the retention of the CAMU rule, will improve remediation waste management and expedite cleanups, the Agency is also convinced that additional reform is needed to expedite the cleanup program, especially to provide greater flexibility for non-media remediation wastes like remedial sludges, address certain statutory permitting provisions, and more appropriate treatment requirements for remediation wastes (for example, treatment that focuses on ``principal threats'' rather than all underlying hazardous constituents). Therefore, the Agency continues to support appropriate, targeted legislation to address application of RCRA Subtitle C land disposal restrictions, minimum technological and permitting requirements to remediation waste and will continue to participate in discussions on potential legislation. If legislation is not forthcoming, the Agency may reexamine its approach to remediation waste regulation and may take additional administrative action.

The elements finalized in the final HWIR-media rule published in the Federal Register of November 30, 1998 are:

1. streamlined permitting for treating, storing and disposing of remediation wastes generated at cleanup sites and the elimination of the requirement for facility-wide corrective action at remediation-only facilities;

2. a variation on the proposed remediation piles, called staging piles, modified in response to public comments;

3. a RCRA exclusion for dredged materials managed under Clean Water Act (CWA) or Marine Protection Research and Sanctuaries Act (MPRSA) permits; and

4. streamlined procedures for State authorization.

   EPA also finalized, in a separate document (63 FR 28604 (May 26, 1998)), the LDR treatment standards specific to hazardous contaminated soil that were proposed in the HWIR-media proposal. EPA is deferring action on the Treatability Sample Exclusion Rule, that EPA requested comments on expanding in the HWIR-media proposal at 61 FR 18817.

   EPA is withdrawing all other portions of the proposal, such as:

1. the proposal under the ``Bright Line'' option to distinguish between lower- and higher-risk contaminated media and give regulatory agencies the flexibility to exempt lower-risk contaminated media from RCRA requirements, and all other comprehensive options discussed in the preamble to the proposed rule (such as the ``Unitary Approach'');

2. the ``Category 2'' proposal for streamlined authorization, and;

3. the portion of the proposal that would have withdrawn the Corrective Action Management Unit or ``CAMU'' rule.

   Existing areas of flexibility for managing remediation waste, such as the contained-in and AOC policies, and site-specific land disposal restrictions treatability variances, continue to be available.

   Authority: 42 U.S.C. 6912(a), 6921, 6924, 6926, and 6927.

   Dated: November 23, 1998. Timothy Fields, Jr., Acting Assistant Administrator, Office of Solid Waste and Emergency Response.

   [FR Doc. 98-32000Filed11-30-98; 8:45 am]

   BILLING CODE 6560-50-P