On Monday, the US EPA issued the proposed Hazardous Waste Identification 
Rule or HWIR, which sets thresholds for wastes to exit the RCRA Subtitle 
C hazardous waste universe.  This HWIR proposal is intended to replace 
the mixture and derived-from rules, and thus will be important for IPC 
members.  

Earlier this year, the EPA was considering using multiple pathway 
analysis (MPA) as a basis for a new HWIR, but due to considerable 
controversy and debate regarding the validity of MPA and thanks to 
comments submitted by IPC and IPC members, the EPA developed alternative 
proposals.  

The new alternative approach in the 11/20 HWIR proposal are contingent 
management standards.  These options would provide hazardous waste 
generators with the option to exit wastes if certain practices were used 
to dispose of the waste in a manner that would mitigate risks to human 
health and the environment.

While the new HWIR appears to be a step in the right direction, it does 
not include very many contingent management options and it is still 
modeled along the lines of the MPA.  The EPA has announced that they 
will issue supplemental proposals in order to incorporate additional 
contingent management options in HWIR.

The new HWIR establishes constituent-specific exit levels for low-risk 
solid wastes that are listed hazardous wastes, or defined as such by the 
mixture and derived-from rules.  This rule sets a "floor" by evaluating 
potential exposure pathways for human and environmental medias, both 
direct and indirect, from different sources.  This rule also incorporates 
limited modifications to the land disposal restriction (LDR) which 
proposeds to cap technology-based treatment standards with the risk-based 
exit levels.

IPC staff and the IPC Environmental, Health & Safety (EHS) Committee are 
reviewing all 600 pages of the HWIR and will have a synopsis and more 
detailed analysis shortly.  If you have immediate questions or concerns, 
please contact Christopher Rhodes (708/509-9700 x306; fax 708/509-9798; 
email [log in to unmask]).  This HWIR should be published shortly 
in the Federal Register.