[Federal Register Volume 59, Number 45 (Tuesday, March 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-5147]


[[Page Unknown]]

[Federal Register: March 8, 1994]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 268

[FRL-4846-4]

 

Land Disposal Restrictions for Newly Identified and Listed 
Hazardous Wastes and Hazardous Soil

AGENCY: Environmental Protection Agency (EPA).

ACTION: Clarification.

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SUMMARY: On September 14, 1993 EPA published a proposed rulemaking 
entitled ``Land Disposal Restrictions (LDRs) for Newly Identified and 
Listed Hazardous Wastes and Hazardous Soil'' (58 FR 48092). A portion 
of that proposed rule addressed RCRA alternative land disposal 
restrictions that would specifically apply to soils that are subject to 
regulation under RCRA subtitle C because they exhibit a hazardous 
characteristic, or contain listed hazardous wastes. In addition, the 
proposal would have codified the ``contained in'' policy for 
contaminated media.
    On November 12, 1993 EPA extended the comment period for these 
specific provisions of the September 14, 1993 proposal, to March 15, 
1994. EPA has subsequently decided that these regulatory proposals 
should be addressed as part of the Hazardous Waste Identification Rule 
(HWIR) for contaminated media, rather than as part of the original LDR 
rule. This supplemental document is intended to clarify the Agency's 
intentions with regard to finalizing these specific provisions, and 
reiterate EPA's original request for data relating to treatment of 
hazardous soils.

DATES: Comments and data on the LDR alternative treatment standards for 
hazardous soils and the codification of the contained-in policy, as 
described in the September 14, 1993 proposed rule, will be most useful 
to the Agency if submitted on or before March 15, 1994.

ADDRESSES: The public must send an original and two copies of their 
written comments to the EPA Docket (mail code 5305), U.S. Environmental 
Protection Agency, 401 M Street, SW., Washington, DC 20460. Place the 
Docket Number F-92-CS2P-FFFF on your comments. The RCRA Docket is 
located in room 2616 at the above address, and is open from 9 am to 4 
pm Monday through Friday, except for Federal holidays. The public must 
make an appointment to review docket materials by calling (202) 260-
9327. The public may copy a maximum of 100 pages from any regulatory 
document at no cost. Additional copies cost $.15 per page.

FOR FURTHER INFORMATION CONTACT: For general information, contact the 
RCRA Hotline at (800) 424-9346 (toll free) or 412-9810 locally. For 
information on this supplemental notice, contact Carolyn Loomis in the 
Corrective Action Programs Branch, Office of Solid Waste (mail code 
5303W), U.S. Environmental Protection Agency, 401 M Street SW., 
Washington, DC 20460, (703) 308-8626.

SUPPLEMENTARY INFORMATION:

I. The Hazardous Waste Identification Rule for Contaminated Media

    The Hazardous Waste Identification Rule for Contaminated Media, 
which is being developed by EPA in concert with the States and with 
affected stakeholders, is intended to create a comprehensive regulatory 
framework within RCRA subtitle C that will apply to the management of 
contaminated media that are managed as part of remediation activities. 
This HWIR rule is intended to replace the existing regulatory system 
under RCRA, which heretofore has regulated the management of hazardous 
contaminated media in much the same way that ``as generated'' hazardous 
wastes are regulated.
    Through the public dialogue process, a conceptual framework has 
been developed for this rule. As currently envisioned, a major 
component of the HWIR rule would involve the establishment of treatment 
standards for soils (and possibly other media) that would be subject to 
HWIR requirements. This would include soils that are highly 
contaminated (i.e., contaminated at levels above a specified ``bright 
line'' threshold level), while contaminated soils that are less highly 
contaminated would be subject to more flexible, site-specific 
management requirements established by the overseeing regulatory 
agency.
    EPA currently intends to use the HWIR rulemaking as the vehicle for 
establishing treatment standards for hazardous soils. Thus, those 
provisions of the September 14, 1993 proposal addressing treatment 
standards for contaminated soil will not be promulgated with the 
remaining portions of the LDR rules proposed in September, 1993. 
Although the HWIR rule for contaminated media is being developed on a 
less accelerated schedule than the LDR rules, EPA believes that it is 
appropriate to address the issue of setting treatment standards for 
soils that are contaminated above the ``bright line'' within the 
broader framework of the HWIR rule, since such treatment requirements 
are expected to be an integral part of that rule. Addressing these 
requirements within the HWIR rule will thus allow EPA, the States and 
others participating in the process to carefully examine the various 
options for setting soil treatment standards with the context of that 
broader regulatory framework. EPA notes that the deadline for final 
rulemaking imposed on some elements of the September 14, 1993 proposal 
by the proposed consent decree in EDF v. Browner (D.D.C., C.A. No. 89-
0598) does not apply to the soil treatment standards.
    It should be understood that by deferring these provisions of the 
LDR proposal to the HWIR rulemaking effort, hazardous soils will 
continue to be subject to the LDR standards that apply to the hazardous 
wastes with which the soils are contaminated. When the LDR rules that 
were proposed in September, 1993 are finalized, the LDR treatment 
standards that apply to the wastes addressed in that rule will also 
apply to soils that contain those wastes, as has been the case in 
previous LDR rulemakings. It should also be noted, however, that 
existing provisions for LDR treatability variances will remain in 
effect, and that EPA has determined that treatability variances from 
waste-specific LDR standards are generally appropriate for contaminated 
soil and debris (see 55 FR 8759-8760, March 8, 1990; 40 CFR 260.44(h)).

II. Request for Data

    In the preamble to the LDR proposal, the Agency solicited comment 
on the soil treatment data which were used by the Agency as the basis 
for that proposal. In adddition, new data on soil treatment were 
solicited, particularly data pertaining to treatment levels that have 
been achieved or that could be achieved by application of various 
technologies to different matrices of soil types and contaminants. EPA 
recognizes the importance of collecting as much of this type of data as 
possible; such additional data may be very valuable in evaluating 
various approaches for establishing soil treatment standards under the 
HWIR rule. EPA therefore reiterates its request for such additional 
soil treatment data. The data should be provided to the Agency at the 
address provided at the beginning of this notice; the Agency will be 
able to make best use of data that are submitted by March 15, 1994. EPA 
notes that the public will have another full opportunity to comment on 
proposed treatment standards for contaminated soils when EPA publishes 
the HWIR proposal.

III. Codification of the Contained-In Policy

    In the September 14, 1993 proposal, EPA also proposed to codify its 
longstanding ``contained-in'' policy. This policy addresses the RCRA 
regulatory status of media--including soils--that are contaminated with 
(i.e., that ``contain'') listed hazardous wastes. EPA believes that the 
contained-in concept is one of the key issues that must be addressed in 
the development of a comprehensive regulatory framework for management 
of contaminated media. Thus, the Agency has decided to also defer this 
provision of the proposal to the HWIR rulemaking. Comments on the 
proposed codification of the contained-in policy are solicited, 
however, and will be considered as part of the HWIR rulemaking process. 
Comments provided by March 15, 1994 will be most useful to the Agency 
in evaluating how the contained-in concept may be addressed in the 
context of the HWIR rulemaking.


    Authority: 42 U.S.C. 6905, 6912(a), 6921, 6924.

    Dated: March 1, 1994.
Elliott P. Laws,
Assistant Administrator for Solid Waste and Emergency Response.
[FR Doc. 94-5147 Filed 3-7-94; 8:45 am]
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