Extension of the Policy on Enforcement of RCRA Section 3004(j) Storage Prohibition at Facilities Generating Mixed Radioactive/ Hazardous Waste

Résumé

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 that generate ``mixed waste'' regulated under both the RCRA subtitle C hazardous waste program and the Atomic Energy Act of 1954, as amended (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. EPA has determined that for a few of these mixed wastes, treatment technology and disposal capacity still is not commercially available. Based on this determination, EPA is hereby renewing for three years the August 1991 policy for those mixed wastes. 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. Pursuant