[Federal Register Volume 61, Number 82 (Friday, April 26, 1996)]
[Notices]
[Pages 18588-18592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10380]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-5463-4]
Extension of the Policy on Enforcement of RCRA Sec. 3004(j)
Storage Prohibition at Facilities Generating Mixed Radioactive/
Hazardous Waste
AGENCY: Environmental Protection Agency (EPA).
ACTION: Policy statement.
-----------------------------------------------------------------------
SUMMARY: EPA is announcing a limited extension of its policy (56 FR
42730, August 29, 1991) on the civil enforcement of the storage
prohibition in sec. 3004(j) of the Resource Conservation and Recovery
Act (RCRA) at facilities which generate ``mixed waste'' regulated under
both the RCRA subtitle C hazardous waste program and the Atomic Energy
Act (AEA). The policy affects only mixed wastes that are prohibited
from land disposal under the RCRA land disposal restrictions (LDR) and
for which there are no available options for treatment or disposal.
This action renews the August 1991 policy for an additional two year
period for some mixed wastes, based on EPA's determination that
treatment technology and disposal capacity 1 for these mixed
wastes are still not available.
---------------------------------------------------------------------------
\1\ For purposes of this policy statement, ``available
treatment technology and disposal capacity'' means that a facility
is commercially available to treat or dispose of a particular waste
and the facility has either (1) a RCRA permit or interim status; (2)
a research, development, and demonstration permit under 40 CFR
270.65; or (3) a land treatment permit under 40 CFR 270.63.
---------------------------------------------------------------------------
Pursuant to the terms of this policy, EPA will treat violations of
section 3004(j) involving relatively small volumes of waste as reduced
priorities among EPA's potential civil enforcement actions. EPA's
primary concern is with (1) mixed waste facilities that are not
pursuing environmentally responsible management of their stored mixed
wastes, especially those storing large quantities of mixed waste, and
(2) those that are storing wastes for which treatment technology is
commercially available. Generators must explore all viable treatment
and disposal alternatives during the next two years since new
technologies may come on line at any time. If treatment technology and
disposal capacity are available, it is incumbent upon the generator to
use them. EPA anticipates employing RCRA Sec. 3007 authority to ensure
that this policy is not abused, with particular focus on ensuring that
emerging treatment technologies are fully utilized and on confirming
that those wastes for which no treatment exists are stored safely.
EFFECTIVE DATE: April 21, 1996.
FOR FURTHER INFORMATION CONTACT: Nancy Hunt, Federal, State and Tribal
Programs Branch, Office of Solid Waste; Telephone (703) 308-8762.
SUPPLEMENTARY INFORMATION:
I. Background
A. Mixed Waste and the LDR Storage Prohibition
``Mixed wastes'' are wastes that contain both a hazardous waste
component regulated under Subtitle C of RCRA and a radioactive
component consisting of source, special nuclear, or byproduct material
regulated under the AEA. EPA clarified that RCRA applies to wastes
which contain both types of components on July 3, 1986 (51 FR 24504).
The definition of mixed waste was added to the RCRA statute by the
Federal Facility Compliance Act (FFCA) of 1992, 42 U.S.C. 6912, 6939,
and 6961. Mixed wastes are a subset of hazardous wastes, and as such,
are subject to the land disposal restrictions in 40 CFR Part 268.
Currently, most mixed wastes are subject to the LDRs, except for some
newly listed or identified hazardous wastes that are mixed with AEA
radioactive materials and do not yet have EPA treatment standards.
Certain newly listed wastes that are mixed with radioactive materials,
and soil and debris contaminated with certain hazardous wastes (which
also may be radioactive) are currently subject to variances from the
LDR treatment standards (See 40 CFR 268.38).
[[Page 18589]]
The aspect of the LDRs affected by the policy extension set forth
in this notice is the ``storage prohibition'' enacted in Hazardous and
Solid Waste Amendments (HSWA) sec. 3004(j). This provision prohibits
any storage of a land disposal prohibited waste (including mixed waste)
except ``for the purpose of the accumulation of such quantities of
hazardous waste as are necessary to facilitate proper recovery,
treatment, or disposal.''
The storage prohibition has relevance to mixed waste management,
since there currently is only one facility that EPA is aware of,
Envirocare of Utah, Inc., that provides disposal capacity for certain
types (i.e., mainly low activity and high volume mixed wastes) of
commercially generated mixed waste. Also, there are limited treatment
options for much of the mixed waste generated by commercial generators
(e.g. nuclear power reactors, fuel cycle, and materials licensees) and
by Federal agencies. EPA has previously concluded that storage of a
waste pending development of treatment technology does not constitute
storage to accumulate sufficient quantities to facilitate proper
treatment or disposal. This interpretation was upheld by the U.S. Court
of Appeals for the District of Columbia Circuit in the case of Edison
Electric Institute v. EPA, 996 F.2d 326 (D.C. Cir. 1993). EPA, however,
believes that because of the relatively small quantities of mixed waste
that are generated by commercial facilities (typically two 55 gallon
drums or less per year per facility), there has not, as yet, been
sufficient economic incentive to develop and operate mixed waste
treatment or disposal facilities to address many types of mixed waste.
Therefore, commercial generators may have little option but to store
those wastes for which treatment technology or disposal capacity is not
yet available. This does not diminish the obligation of mixed waste
generators to work to develop adequate treatment capacity.
B. Mixed Waste Treatment Technology and Disposal Capacity
Prior to issuing the 1991 policy (56 FR 42730, August 29, 1991) on
the civil enforcement of the storage prohibition, EPA determined that
inadequate treatment technology and disposal capacity existed to treat
or dispose of many mixed waste streams. This determination was
supported by data from several surveys conducted by States and Regional
Low Level Waste Compacts, by information available in the Office of
Technology Assessment's October, 1990 report on low-level waste issues
(``Partnerships Under Pressure-Managing Commercial Low-Level
Radioactive Waste''), and by commenters on EPA LDR rulemakings.
In 1992, EPA and NRC published a joint survey on commercial
generators entitled ``National Profile on Commercially Generated Low-
Level Radioactive Mixed Waste'' (NUREG/CR-5938, December, 1992). This
survey supported the view that a treatment capacity shortfall existed
for commercial low-level mixed waste streams. The Profile provided a
snapshot of the commercial low-level mixed waste universe in 1990, and
it estimated a treatment capacity shortfall of at least 12,000 cubic
feet based on the treatment demand in 1990. The treatment/disposal
capacity assessment for the 1992 Profile was based upon information
from several companies that are still treating mixed waste (i.e.,
Diversified Scientific Services, Inc. (DSSI), NSSI Recovery Services,
Inc. (NSSI), and Perma-Fix Environmental Services (PFF), formerly
Quadrex Corporation. In addition, two companies had plans to treat
mixed waste, Envirocare of Utah, Inc. (Envirocare), and Scientific
Ecology Group, Inc. (SEG).2 The enforcement policy was extended in
April, 1994 (59 FR 18813, April 20, 1994) based upon an anticipated
improvement in treatment technology and disposal capacity. Some
improvements have occurred in the interim as noted in a Department of
Energy (DOE) study of available, or soon to be available, treatment
technologies for mixed waste. This study by the National Low-Level
Waste Management Program at the Idaho National Engineering Laboratory
was published in May 1995 under the title ``Mixed Waste Management
Options: 1995 Update'' (DOE/LLW-219) and includes treatment options and
waste acceptance criteria for mixed waste management facilities as of
1994 (in Appendices C-1 through C-4) and names and phone numbers for
points of contact. The update describes four companies that are
currently accepting and treating mixed wastes. EPA understands that
DSSI in Kingston, Tennessee incinerates most types of liquid mixed
wastes; Envirocare in Tooele County, Utah treats high volume mixed
wastes and provides disposal services for mixed waste; PFF in
Gainesville, Florida processes liquid scintillation materials for
incineration; and NSSI in Houston, Texas processes mixed waste for off-
site incineration or disposal. In addition, the study cites Scientific
Ecology Group, Inc. (SEG) in Oak Ridge, Tennessee as a licensed
processor of radiologically contaminated materials which has applied
for a RCRA Part B permit for treating low-level hazardous wastes.
---------------------------------------------------------------------------
\2\ Reference in this policy to specific companies providing
waste treatment or disposal should not be read as a specific
endorsement of any company or technology nor as confirmation that
the technology offered by any of these companies is appropriate for
a particular waste, which can be determined only on a case by case
basis.
---------------------------------------------------------------------------
The study also lists (page 4-19) several treatment technologies
being evaluated by DOE for applicability to treatment and disposal of
mixed low-level radioactive waste, including biodegration, freeze,
crystallization, biocatalytic destruction of nitrates, ion exchange and
acid leaching for mercury removal, thermal treatment technologies for
waste destruction such as plasma arc incineration and steam reforming,
thermal vitrification, and thermosplastic encapsulation. In addition,
EPA has become aware of an emerging treatment technology which has been
developed by Molten Metal Technology, Inc. in Waltham, Massachusetts.
Their patented quantum catalytic extraction process for the recycling
of radiation contaminated hazardous wastes was tested in pilot
demonstrations of the technology in 1995, and has been recognized as a
Best Demonstrated Available Technology (BDAT) and a viable alternative
to incineration for some hazardous wastes. The company anticipates a
facility in Oak Ridge, Tennessee will be operational in 1996.
Recent EPA contact with company officials substantiated that DSSI
currently has excess capacity for thermal treatment of liquid mixed
wastes meeting their acceptance criteria. NSSI, a RCRA permitted
treatment, storage and disposal facility for radioactive, hazardous and
mixed wastes which accepts only private sector wastes, also has
available capacity for mixed wastes meeting its acceptance criteria
according to company personnel. NSSI is permitted for all EPA waste
codes, and is licensed for all radionuclides, including special nuclear
material. PFF, formerly Quadrex, has current treatment capacity for
liquid scintillation cocktail fluids and ignitable wastes, and plans to
apply for a RCA Part B permit modification to increase the number of
waste codes it can accept. An amendment expanding PFF's radiation
license was approved in 1996. SEG currently accepts radioactive waste,
and intends to provide mixed waste treatment, including incineration,
once its RCRA permit is approved. SEG may have some treatment capacity
on-line by the end of the policy extension period. Envirocare received
a mixed waste treatment permit in 1993. It provides treatment and land
disposal facilities for mixed wastes meeting its
[[Page 18590]]
acceptance criteria and the radionuclide limitations of its license and
has capacity to treat 150 tons of waste per day. Thus, there has been
some improvement in the mixed waste treatment capacity situation in the
past two years.
Based on the ``Mixed Waste Treatment Study'' prepared for the
Electric Power Research Institute and finalized in early 1996, EPA
understands that there are still some mixed wastes for which treatment
technologies or disposal facilities may not yet be available,
particularly for nuclear utilities. The study was developed to provide
member utilities with updated information on mixed waste storage and
emerging treatment technologies, including catalytic extraction
process, steam reforming, vitrification, and supercritical water
oxidation. Many of these technologies appear promising, but are not
currently operational.
In an effort to help generators locate mixed waste treatment,
storage, and disposal facilities (TSDFs), EPA is developing an Interest
Home Page that lists commercially available mixed waste TSDFs. This
list should not be seen as complete or as a recommendation or
endorsement of any of these facilities. This list only represents those
companies that have expressed an interest in participating in EPA's
Mixed Waste Internet HomePage. EPA does not endorse or promote
technologies or companies that provide treatment, storage, or disposal
capacity for any waste including mixed waste. Companies that wish to
participate should contact EPA at the number listed for this Federal
Register notice.
Thus, EPA is providing a limited extension of the enforcement
policy for an additional two years. However, this extended policy
applies only to those waste streams for which no treatment technology
or disposal capacity is available. Generators should understand that
any existing treatment technology or disposal capacity must be used.
EPA does not intend to extend this policy on a routine or indefinite
basis, and may withdraw this policy at any time. EPA's willingness to
further extend the 1991 policy at this time is based on positive
developments in treatment technology and disposal capacity during the
past two years.
Prospects for new mixed waste treatment technology and disposal
capacity continue to be driven largely by the treatment needs
identified by the DOE, since DOE's waste volumes dwarf those of the
commercial sector. The next few years will be significant for bringing
on-line the facilities, the processes, and capacities identified in the
site-specific treatment plans required by the Federal Facility
Compliance Act for managing DOE's significant mixed waste inventories.
EPA expects that the commercial and governmental generators affected by
this policy extension will also be beneficiaries of the statutory and
market forces that are currently addressing the treatment capacity
issues within the DOE complex. Therefore, a two year limited extension
of this policy should foster greater coordination of the solutions to
the treatment capacity shortfall that affects all generators.
C. Need for Generators To Explore Treatment and Disposal Options
The land disposal restrictions found in Title 40 CFR Part 268
require generators to treat hazardous wastes to specified treatment
standards. EPA emphasizes that generators must continue to explore all
viable treatment alternatives during this extension since new
technologies may come on line at any time. Generators should be
prepared to demonstrate their good faith efforts at locating available
capacity for each of their mixed wastes. In addition, generators should
also explore the potential benefits of consolidating their wastes with
like wastes from other generators, and developing or procuring
treatment capacity to address more efficiently the waste streams that
are pooled in this fashion. The option of consolidating the management
of DOE and commercially generated wastes has been a topic of much
discussion between DOE and those interests responsible for developing
and regulating new commercial low-level radioactive waste facilities.
EPA urges the continuation of these discussions, and the participation
of the commercial generator interests in the debate.
II. Summary of Policy
A. Storage Prohibition Policy Extension
In this notice, EPA is announcing a limited extension of its policy
(56 FR 42730, August 29, 1991) on civil enforcement of the storage
prohibition in section 3004(j) of RCRA at facilities which generate
limited quantities of mixed wastes. This policy does not apply to those
mixed wastes for which treatment technology and/or disposal capacity is
currently available or becomes available during the effective period of
this extension. This policy is not final agency action, but is intended
solely as guidance. It is not intended, nor can it be relied upon, to
create any rights enforceable by any party in litigation with the
United States. EPA officials may decide to follow the policy provided
in this extension or to act at variance with the policy, based on an
analysis of specific site circumstances. The Agency also reserves the
right to change this policy at any time without public notice. EPA
reserves the right to take any and all actions provided under RCRA with
respect to activities at hazardous waste facilities and against persons
who handle hazardous waste. The intent of the policy published on
August 29, 1991 was to explain how RCRA section 3004(j) storage
violations involving mixed wastes fit within the Agency's civil
enforcement priorities. At that time, there was no available treatment
technology or disposal capacity for most of the mixed wastes prohibited
from land disposal. Treatment technology or disposal capacity is still
unavailable for some of these mixed wastes as well as for additional
mixed waste that became subject to the land disposal prohibitions
during the initial extension of the mixed waste policy (April 20, 1994
to April 20, 1996). Generators and storers of these wastes continue to
find it impossible to comply with the section 3004(j) storage
prohibition for some of their mixed waste, for which there are no
available options for treatment or disposal. At the same time, however,
generators of the affected mixed waste, through prudent waste
management practices, are required to store their mixed wastes for the
limited duration of this policy extension in a manner that poses
minimal risk to public health or the environment. Responsible
management practices should, therefore, minimize the environmental
risks from these section 3004(j) storage violations.
For mixed waste generators who are storing mixed wastes in an
environmentally responsible manner as described in this policy where no
viable treatment technology or disposal capacity exists or becomes
available during this extension, EPA considers the violations of RCRA
section 3004(j) involving relatively small volumes of waste to be
reduced priorities among EPA's potential civil enforcement actions. Any
enforcement activity arising from violations of section 3004(j) at
these facilities will generally focus on determining whether these
generators are managing their mixed wastes in an environmentally
responsible manner and whether they are storing wastes for which
treatment technology is commercially available (for example, most
liquid mixed wastes). EPA's primary concern is with mixed waste
generators that are not managing their stored mixed wastes in an
[[Page 18591]]
environmentally responsible manner, especially those storing large
quantities of mixed waste.
This policy extension is limited in duration, and terminates on
April 20, 1998. During the period that this policy is in effect, EPA
will again evaluate data that becomes available on generation,
treatability, and treatment technology and disposal capacity for the
mixed wastes affected by this policy. EPA may address the issue of
mixed waste regulation under a supplemental proposal on HWIR mixed
waste exit criteria. Mixed waste facilities should keep apprised of
developments in this area. The Agency strongly encourages those
managing mixed waste to expeditiously explore and develop additional
treatment technologies and to provide data to EPA concerning the
availability of capacity.
As EPA explained in the August 1991 policy, the Agency recognizes a
variety of indicators of environmentally responsible operation in
determining the civil enforcement priority of section 3004(j) storage
violations at particular mixed waste generator facilities. EPA believes
that all of the factors described in the 1991 policy remain relevant to
mixed waste generators during the period of this extension, except for
the participation in the EPA/NRC profile which has been completed.
These factors are described in Section IV of this document.
B. Limitations on Scope
This policy affects only the civil judicial and administrative
enforcement priorities that would arise solely from the act of storing
LDR mixed wastes in contravention of RCRA section 3004(j). The policy
is also limited in scope to those mixed waste streams for which
treatment technology or disposal capacity is not available. The mixed
wastes covered by this policy must be mixed wastes when generated: for
example, a generator may not commingle distinct hazardous and
radioactive waste streams in order to come within the scope of this
policy.
EPA intends that this policy apply both to the mixed wastes
generated during the term of the policy, and to existing inventories of
mixed wastes already in storage. The policy does not cover other
violations of RCRA storage requirements, such as the storage facility
standards of Subparts I through L and DD of 40 CFR Parts 264 (permitted
facility standards) or 265 (interim status facility standards), or
their State equivalents. EPA emphasizes that this policy does not
affect any requirement under RCRA to obtain a storage permit, which is
generally required if mixed wastes are stored for greater than 90 days.
The policy does not extend to potential criminal violations of RCRA,
for which prosecutorial discretion rests solely with the United States
Attorney General.
EPA intends to apply this policy to executive branch federal
facilities, except facilities owned or operated by the Department of
Energy or by the joint Navy/DOE Naval Nuclear Propulsion Program
(NNPP). The just-expired policy extension did not apply to any
executive branch federal facility because section 102(c) of the Federal
Facility Compliance Act (FFCA), Public Law 102-386 (October 6, 1992)
(not codified), delayed the waiver of sovereign immunity with respect
to fines and penalties for violations of RCRA section 3004(j) involving
storage of mixed waste for three years from October 1992 to October
1995. The protection from fines and penalties obviated the need for
applying this policy to executive branch federal facilities. Because
the protection from fines and penalties has now expired, executive
branch federal facilities are in the same situation as private
facilities that generate and store mixed waste. Therefore, EPA believes
it is appropriate to apply this policy to executive branch federal
facilities in the same manner and to the same extent as it applies to
private facilities.
EPA will not apply this policy to DOE or to NNPP facilities. For
DOE and NNPP facilities, the delay of the waiver of sovereign immunity
from fines and penalties for RCRA section 3004(j) violations continues
beyond October 1995, so long as DOE and NNPP are in compliance with the
requirements of FFCA section 102(c)(3)(B). Section 102(c)(3)(B)
requires DOE and NNPP to be in compliance with an approved plan to
develop treatment capacities and technologies to treat a facility's
mixed waste and an order requiring compliance with such plan issued in
accordance with RCRA section 3021(b). EPA believes that with respect to
DOE and NNPP, enforcement of RCRA section 3004(j) should be based on
RCRA section 3021, and not on the terms of this policy.
C. Effects of Violations
This policy affects only the civil enforcement priority that EPA
will generally assign to section 3004(j) storage violations where the
conditions of this policy have been met. If, however, a facility
inspection or other information reveals significant RCRA violations--
other than of section 3004(j)--or a pattern of violations which
evidence a disregard for compliance with the RCRA hazardous waste
regulations, EPA may attach a greater priority to all violations--
including storage of mixed waste in violation of section 3004(j)-- at
that facility. In addition, if treatment technology and/or disposal
capacity are available, it is incumbent upon the generator to use it.
EPA anticipates employing RCRA section 3007 authority to ensure that
this policy is not abused, with particular focus on ensuring that
appropriate emerging treatment technologies and disposal capacity are
fully utilized and on confirming that those wastes for which no
treatment exists are stored safely.
III. Applicability
This policy applies to EPA enforcement activities in all States in
which mixed waste falls within the jurisdiction of RCRA. It is not
applicable in States where mixed waste is not regulated under RCRA,
i.e., in States with final authorization which lack specific EPA
approval of mixed waste regulatory programs. In those States where the
State, as well as EPA, has authority to enforce the LDRs, this policy
affects only the EPA enforcement programs.
RCRA mixed waste jurisdiction applies in States which are
unauthorized for the ``base'' RCRA program (i.e., which do not have
final authorization). As of March 15, 1996, seven States and
Territories have not received RCRA base authorization. These States and
Territories are: Alaska, American Samoa, Hawaii, Iowa, Northern Mariana
Islands, Puerto Rico, and Virgin Islands. This policy applies in these
States and Territories, where the EPA Regional Offices administer both
the base RCRA mixed waste program and the LDRs.
RCRA mixed waste jurisdiction extends as well to authorized States
that have been additionally authorized specifically for RCRA mixed
waste programs. As of March 15, 1996, one Territory and 38 States are
authorized to implement RCRA mixed waste programs. These States and
Territory are: Alabama, Arizona, Arkansas, California, Colorado,
Connecticut, Florida, Georgia, Guam, Idaho, Illinois, Indiana, Kansas,
Kentucky, Louisiana, Michigan, Minnesota, Missouri, Mississippi,
Montana, Nebraska, Nevada, New Hampshire, New Mexico, New York, North
Carolina, North Dakota, Ohio, Oklahoma, Oregon, South Carolina, South
Dakota, Tennessee, Texas, Utah, Vermont, Washington, Wisconsin, and
Wyoming. The RCRA section 3004(j) storage prohibition is an
[[Page 18592]]
element of the LDRs enacted in the Hazardous and Solid Waste Amendments
(HSWA) of 1984. HSWA requires EPA to implement the LDR provisions as
they apply to mixed waste until the authorized States receive approval
from EPA to implement the LDR provision in lieu of the Agency. EPA
therefore implements the LDRs, and this policy applies, in the States
with authorized RCRA mixed waste programs, until the States have also
been authorized for their LDR programs.
As of March 15, 1996, 30 States and one Territory with mixed waste
programs had received final authorization to implement LDRs covering
solvents and dioxins, and 22 States and one Territory have also
received final authorization for or have adopted EPA's LDR rules
through the Third Third. The 30 States and one Territory are: Alabama,
Arizona, Arkansas, California, Colorado, Connecticut, Florida, Georgia,
Guam, Kansas, Idaho, Illinois, Michigan, Minnesota, Missouri,
Mississippi, Nevada, New York, North Carolina, New Mexico, North
Dakota, Ohio, Oklahoma, Oregon, South Carolina, Tennessee, Texas, Utah,
Vermont, Wisconsin and Wyoming. These States' approved LDR authorities
include State law counterparts to the RCRA section 3004(j) storage
prohibition. As these States and Territories have independent authority
to enforce the LDRs and section 3004(j), EPA's enforcement policy is
not binding on them. Therefore, facility owners and operators should
consult with the responsible officials in these States for
clarification on these States' policy with respect to storage of LDR
prohibited mixed waste.
During the term of this policy, additional States may receive
authorization for mixed waste or LDR programs. Facility owners and
operators should track the authorization status of their State programs
in order to ascertain whether they are covered by this policy, or
whether other restrictions based on State law might apply to mixed
waste storage.
IV. Highlights of Extended Enforcement Policy
In order to demonstrate that they are pursuing environmentally
responsible management of their mixed wastes (and therefore should be
accorded a reduced civil enforcement priority for sec. 3004(j)
violations), facility owner/operators generating mixed wastes should be
undertaking at least the following steps.
A. Inventory and Compliance Assessment of Storage Areas
Records should be maintained identifying each physical location or
unit where mixed waste is stored, and identifying the method of storage
[i.e., container or tank, see 40 CFR 264.73(b) or 265.73(b)]. An
inspection of these storage areas for compliance with applicable RCRA
standards for storage methods, including an assessment of compliance
with the storage facility standards of 40 CFR Part 264 or Part 265
(interim status), Subparts I-J and DD, or the State counterparts to
these standards should be performed regularly (see 40 CFR 264.15 or
265.15). The facility records should contain the results of the
inspections as required by 40 CFR 264.73(b)(5) or 265.73(b)(5). EPA
encourages facility owner/operators to take action promptly to correct
any deficiencies, since EPA expects to focus its enforcement efforts
regarding section 3004(j) violations on those situations where an
inspection or other information reveals significant RCRA violation(s),
or a pattern of violations that indicate a disregard for compliance
with the RCRA Subtitle C requirements.
B. Identification of Mixed Wastes
Facility owner/operators should maintain sufficient information to
identify their mixed wastes. The identification should include the RCRA
waste codes for the hazardous components, the source of the hazardous
constituents and discussion of how the waste was generated (if known),
the generation rate and volumes of mixed wastes in storage, and any
process information relied upon to identify mixed wastes or make
determinations that wastes are prohibited by the LDRs (See 40 CFR
264.73 or 265.73).
C. Waste Minimization Plans
EPA understands that many mixed waste generators and facility
owner/operators are undertaking active measures to avoid the generation
of mixed wastes. Each mixed waste generator and facility owner/operator
should develop a waste minimization plan (See 58 FR 31114, May 28,
1993, for guidance), and retain the plan at the facility. The plan
should address process changes that can be made to reduce or eliminate
mixed wastes, methods to minimize the volume of regulated wastes
through better segregation of materials, and substitution of non-
hazardous materials. The plan should include a schedule for
implementation, projections of volume reductions to be achieved, and
assumptions that are critical to the accomplishment of the projected
reductions.
D. Good Faith Efforts
This policy is limited in scope to those LDR-prohibited mixed
wastes for which no treatment technology or disposal capacity is
available. As stated earlier, EPA recognizes that commercial treatment
technology and disposal capacity do not exist for some types of mixed
waste. However, since additional treatment technology or disposal
capacity may become available in the future, facility owner/operators
should be prepared to demonstrate that good faith efforts have been
undertaken to ascertain whether treatment technology and disposal
capacity is available for each of their mixed wastes and to utilize
such treatment technology and disposal capacity.
Dated: April 19, 1996.
Elliott P. Laws,
Assistant Administrator, Office of Solid Waste and Emergency Response.
Michael M. Stahl,
Acting Assistant Administrator, Office of Enforcement and Compliance
Assurance.
[FR Doc. 96-10380 Filed 4-25-96; 8:45 am]
BILLING CODE 6560-50-P
