18588 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices

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.

I–81, VA, Due: May 28, 1996, Contact:

Ben Hark (304) 558–2885.

EIS No. 960181, Draft EIS, AFS, WA,

North Sherman and Fritz Timber

Sales, Implementation, Colville

National Forest, Kettle Falls Ranger

District, Ferry County, WA, Due: June

10, 1996, Contact: Meredith Webster

(509) 738–6111.

EIS No. 960182, Draft EIS, NPS, WA,

Elwha River Ecosystem Restoration

Project, Implementation, Olympic

National Park, Clallam County, WA,

Due: June 25, 1996, Contact: Brian

Winter (360) 452–0302.

EIS No. 960183, Final EIS, GSA, GA,

Savannah Federal Building—United

States Courthouse, Site Selection and

Construction of Annex within the

existing Federal Building Courthouse,

Savannah, GA, Due: May 28, 1996,

Contact: Phil Youngberg (404) 331–

1831.

EIS No. 960184, Final EIS, FHW, WI,

WI–100 and US 45 Interchange

Roadway Improvements and

Construction, Funding and COE

Section 404 Permit, Milwaukee and

Waukesha Counties, WI, Due: May 28,

1996, Contact: Richard C. Madrzak

(608) 829–7510.

EIS No. 960185, Draft EIS, AFS, CA,

Rock Creek Recreational Trails

Management Plan, Implementation,

Eldorado National Forest, Georgetown

Ranger District, Eldorado County, CA,

Due: June 10, 1996, Contact: Linda

Earley (916) 333–4312.

EIS No. 960186, Draft Supplement, AFS,

AK, Tongass Land Management Plan

Revision (1996 DSEIS) New

Information concerning Changes to

the Management Plan,

Implementation, Tongass National

Forest, AK, Due: July 26, 1996,

Contact: Beth Pendleton (907) 586–

8700.

EIS No. 960187, Draft EIS, NOA, NJ,

Mullica River—Great Bay National

Estuarine Research Reserve

Establishment, Site Designation and

Plan Implementation, Ocean, Atlantic

and Burlington Counties, NJ, Due:

June 10, 1996, Contact: Dolores

Washington (301) 713–3132 Ext. 113.

EIS No. 960188, Draft EIS, FRC, CA,

New Don Pedro Reservoir Project

(NDPP) (FERC. No. 2299–024),

Reservoir Release Requirements for

Fish, Continuation and Maintenance,

Issuance of Licenses, Tuolumne River

and San Joaquin River Turlock and

Malesto Irrigation Districts, Stanislaus

County, CA, Due: June 10, 1996,

Contact: Monica A. Maynard (202)

219–2652.

EIS No. 960189, Final EIS, FRC, PR, Eco

Ele’ctrica Liquefied Natural Gas (LNG)

Import Terminal and Electric

Cogeneration Project, Construction

and Operation, Permits and

Approvals, Guayanilla Bay, PR, Due:

May 28, 1996, Contact: Chris Zerby

(202) 208–0111.

Amended Notices

EIS No. 960135, Draft EIS, APH,

Programmatic EIS—Veterinary

Services (VS) Programs,

Implementation, to Detect, Prevent,

Control, and Eradicate Domestic and

Foreign Animal Diseases and Pests,

All 50 States and the United States

Territories, Due: June 25, 1996,

Contact: Dr. William E. Ketter (301)

734–8565.

Published FR 04–26–96—Review

Period Extended.

Dated: April 22, 1996.

B. Katherine Biggs,

Associate Director, NEPA Compliance

Division, Office of Federal Activities.

[FR Doc. 96–10391 Filed 4–25–96; 8:45 am]

BILLING CODE 6560–50–P

[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.

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

§ 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).
Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices 18589

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 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 PressureManaging 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.

The study also lists (page 4–19)

several treatment technologies being

evaluated by DOE for applicability to

treatment and disposal of mixed lowlevel 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 online 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
18590 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices

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
Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices 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
18592 Federal Register / Vol. 61, No. 82 / Friday, April 26, 1996 / Notices

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

[FRL–5463–5]

Gulf of Mexico Program Issue

Committee and Technical Advisory

Committee Co-Chairs Meeting

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of Meeting of the Issue

Committee and Technical Advisory

Committee Co-Chairs of the Gulf of

Mexico Program.

SUMMARY: The Gulf of Mexico Program’s

Issue Committee and Technical

Advisory Committee Co-Chairs will

hold a meeting at the Naval Research

Laboratory Main Conference Room,

Stennis Space Center, Mississippi.

FOR FURTHER INFORMATION CONTACT:

James D. Giattina, Director, Gulf of

Mexico Program Office, Building 1103,

Room 202, John C. Stennis Space

Center, Stennis Space Center, MS

39529–6000, at (601) 688–3726.

SUPPLEMENTARY INFORMATION: A meeting

of the Issue Committee and Technical

Advisory Committee Co-Chairs of the

Gulf of Mexico Program will be held

May 15–16, 1996, at the Naval Research

Laboratory Main Conference Room,