[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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