[Federal Register Volume 63, Number 230 (Tuesday, December 1, 1998)]
[Proposed Rules]
[Pages 66101-66102]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32000]


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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.

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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, [email protected].

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. 98-32000 Filed 11-30-98; 8:45 am]
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