RCRA Waste Identification: Meaningful Reform Is Needed (PDF)

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Courtesy of Bergeson & Campbell, P.C.

Earlier this year, the U.S. Environmental Protection Agency (EPA) issued its long-awaited

Hazardous Waste Identification Rule (HWIR): Revisions to the Mixture and Derived-From Rules.

1 To industry’s chagrin, EPA decided to retain, while revising modestly, the so-called “mixture” and “derived-from” rules. Perhaps more than any others promulgated under the Resource Conservation and Recovery Act (RCRA), these rules have long been the subject of intense debate and repeated calls for reform.
EPA also issued in final form its rule conditionally exempting low-level mixed waste (LLMW) from RCRA regulation during storage and treatment.

2 This “Washington Watch” column explores the HWIR final rule and the history of the debate, and offers an explanation as to why EPA’s final rule fails to respond adequately to the need for more meaningful reform.

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