On Feb. 29, 2024, the Environmental Protection Agency (EPA) extended the comment deadline on its proposal, “Definition of Hazardous Waste Applicable to Corrective Action for Releases from Solid Waste Management Units,” by 15 days to March 26, 2024. ISRI requests input from members on this proposal by March 19, 2024.
EPA seeks to amend and clarify the definition of hazardous waste applicable to Resource Conservation and Recovery Act (RCRA) corrective action at RCRA-permitted hazardous waste treatment, storage and disposal facilities. The main issue is that RCRA corrective action under 40 CFR § 264.101 points to the regulatory definition of hazardous waste at 40 CFR § 260.10 while EPA has been (improperly) using the statutory definition of hazardous waste at 42 USC § 6903 (same as RCRA § 1004(5)) for RCRA corrective action. According to EPA’s interpretation, the statutory definition of hazardous waste also includes hazard constituents independently of hazardous waste itself.
EPA seeks to revise the regulatory definitions of hazardous waste at 40 CFR § 260.10 and at § 270.2 (RCRA permit program), along with needed supporting revisions elsewhere, to specify the use of the statutory definition of hazardous waste for RCRA corrective action. While this proposal was “twinned” with another proposal to add nine per- and polyfluoroalkyl substances (PFAS) and their isomers and salts to the list of RCRA hazardous constituents, revision of the definition of hazardous waste for RCRA corrective action would apply to all RCRA hazardous constituents, including newly added hazardous constituents such as PFAS.
Member input on the proposal to revise the definition of hazardous waste should be sent to ISRI Chief Scientist / Director of Environmental Management David Wagger here.
