Frequent Questions

How does the final rule compare to the 1999 HWIR proposal?

We largely finalized the revisions to the mixture and derived-from rules as they were proposed. In response to public comments, we clarified that land disposal restrictions (LDRs) only affect the exempted waste where they are otherwise applicable under current regulation. (In other words, if a waste is not subject to LDRs under the current regulations, it would not be subject under the revised regulations). We also moved the regulatory language for the conditional exemption for mixed waste to its own subsection (40 CFR 261.3(h)) in order to make it clearer.

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