EPA issues long-awaited HWIR proposal

On Nov. 13, 1995, the US Environmental Protection Agency (EPA) signed off on its long-awaited proposal to amend waste identification regulations under the Resource Conservation and Recovery Act (RCRA). The proposal establishes constituent-specific exit levels for solid wastes believed to pose low-risks even though they have been designated as listed hazardous waste by virtue of a waste listing, or have been mixed with, derived-from or contain listed hazardous waste. If promulgated, generators of listed hazardous wastes that meet certain self-implementing exit levels and satisfy other criteria would no longer be subject to the hazardous waste management system under RCRA Subtitle C as listed hazardous waste. The rule, which is commonly referred to as the Hazardous Waste Identification Rule (HWIR), establishes a risk-based floor to hazardous waste listings intended to encourage pollution prevention, waste minimization and the development of innovative waste treatment technologies. This article summarizes this important proposal.