The agency is seeking to minimize storage wastes considered hazardous under the RCRA and also radioactive waste under the Atomic Energy Act.

The EPA has issued an Advance Notice of Proposed Rulemaking (ANPR) seeking public comment on disposal options for waste containing low concentrations of radioactivity to help address the long-standing problem of managing and disposing of waste that is both chemically hazardous and radioactive, or "mixed."

The agency is seeking to minimize storage of these wastes, considered hazardous under the Resource Conservation and Recovery Act (RCRA), and also radioactive waste under the Atomic Energy Act. The EPA is considering revising regulations to permit these wastes to be disposed of at RCRA-permitted facilities.

"One reason we think RCRA hazardous waste landfills could be used to dispose of low-activity radioactive waste is that there is a basic level of design and construction that every landfill must have," The EPA stated. "We believe it is appropriate to consider RCRA landfills for disposal of mixed waste in which the radioactive content is low. However, we also believe that the use of RCRA landfills might be extended to other wastes with similarly low concentrations of radioactivity."

The ANPR discusses a variety of disposal alternatives as well as various regulatory and technical options for ensuring protection of public health and the environment. It also explores equivalent or superior management and disposal approaches, and focuses on a material's radiation content rather than its origin.

The EPA stated that a regulatory solution may not be achievable for disposal problems associated with the dual regulation of mixed waste. "For that reason, we are also considering whether other approaches, such as guidance, voluntary partnerships or developing 'best practices,' could be effective to achieve the same goals." The comment period ends on March 17, 2004. See www.epa.gov/radiation/larw/.