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December 14, 2023
This e-newsletter delivers announcements from EPA's Office of Resource Conservation and Recovery on rulemakings, guidance documents, reports, research, upcoming webinars, and more.
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Climate Resilience in Polychlorinated Biphenyls Approvals
On December 12, 2023, EPA issued a draft memorandum for public comment that communicates EPA’s approach on when and how to consider potential adverse climate change impacts in the PCB approval process under the Toxic Substances Control Act. This memorandum would clarify that, for PCB cleanup, storage, and disposal approvals, our determination of no unreasonable risk is to be inclusive of not only current but future conditions at sites and facilities vulnerable to potential adverse climate change impacts. We identify measures that strengthen the resilience of PCB cleanup, storage, and disposal controls to climate change impacts, ensuring the protection of human health and the environment over time. EPA welcomes comment on the memorandum through January 26, 2024.
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Comment on Draft Memo: Implementing Climate Resilience in Hazardous Waste Permitting
On December 12, 2023, EPA issued for public comment a draft memorandum that would provide guidance to EPA Regions, states, and territories on when and how to consider potential adverse climate change impacts in the hazardous waste permitting process under the Resource Conservation and Recovery Act. This draft guidance includes expectations for conducting climate change vulnerability screenings and assessments for treatment, storage, and disposal facilities to determine whether there are climate vulnerabilities that hazardous waste permits should address. The memo’s recommendations would ensure that controls provide long-term effectiveness through resilience to adverse climate change impacts into the future. EPA welcomes comment on the memorandum through January 26, 2024.
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EPA Withdraws Part of the Technical Corrections Direct Final Rule
On December 7, 2023, EPA withdrew eight amendments that were part of the August 9, 2023, technical corrections final rule because we received adverse comments on them. The August rule corrected and clarified technical errors in approximately 50 sections of the hazardous waste regulations and became effective on December 7, 2023, except for eight amendments that we withdrew. If EPA decides to finalize any of these withdrawn amendments, we will develop and publish a new final rule.
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Compendium of Alternative Technologies to Open Burning and Open Detonation of Energetic Hazardous Wastes
On December 4, 2023, EPA published the "Compendium of Alternative Technologies to Open Burning and Open Detonation of Energetic Hazardous Wastes." This compendium draws on information from several sources, including completed alternative technology evaluations and RCRA permits for alternative technologies. It serves as a technical resource for permit agencies, facility owners and operators, and others when evaluating potential alternative treatment options for explosive hazardous wastes.
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On November 28, 2023, EPA proposed a treatment variance under the Resource Conservation and Recovery Act. The proposal would authorize separation, pre-treatment, and off-site solidification and disposal of 2,000 gallons of reclassified low-activity waste supernate from the U.S. Department of Energy’s Test Bed Initiative project at the Hanford site in Washington. Disposal will occur at designated Nuclear Regulatory Commission licensed landfills.
EPA offered consultation on this proposal to the Confederated Tribes of the Umatilla Indian Reservation, the Nez Perce Tribe, and the Confederated Tribes & Bands of the Yakama Nation. EPA welcomes public comment on the proposed treatment variance through December 28, 2023.
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Study on Unencapsulated Uses of EAF Slag
On November 17, 2023, the National Academies of Sciences, Engineering, and Medicine published their study, “Health Risk Considerations for the Use of Unencapsulated Steel Slag.” EPA is reviewing the report, planning public engagement opportunities, and determining next steps.
Additionally, we are currently working on a few of the research needs NASEM identified in the report. In 2023, we completed an external peer review of the draft Integrated Risk Information System toxicological review of hexavalent chromium, and we are writing the final assessment. We are also working with Vanderbilt University to publish peer reviewed manuscripts on the durability and leachability of EAF slag under various environmental conditions.
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Puerto Rico Southern Aquifer Water Sampling Project
Between April and May 2023, EPA conducted sampling of drinking water wells and the Guayama Drinking Water Treatment Plant in southern Puerto Rico. We led this effort in response to the community’s concerns about coal ash deposited in southern Puerto Rico and its potential impact on groundwater used for drinking water. Results from the sampling effort showed that public drinking water from the Puerto Rico Aqueduct and Sewer Authority public water system wells and the Guayama Water Treatment Plant do not exceed drinking water criteria for metals.
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