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Identification and Listing of Hazardous Waste: Spent Catalysts from Dual-Purpose Petroleum Hydroprocessing Reactors

Notice of Availability of Response to Comments on the Scope of Petroleum Hazardous Waste Listings

The EPA is announcing its decision to maintain its interpretation that under RCRA regulations, spent catalyst wastes removed from dual purpose hydroprocessing reactors at petroleum refining facilities are listed hazardous wastes. This interpretation was previously announced in Agency memoranda dated November 29, 1999 and July 1, 2000. In a Federal Register notice published July 5, 2001 (66 FR 35379) EPA announced that it was providing the public an opportunity to comment on the interpretation set forth in these memoranda and that the Agency would issue a second Federal Register notice providing responses to those comments. EPA's responses are provided in today's notice and in a background document, "Response to Comments: July 5, 2001 FR Notice on Spent Catalysts from Dual-Purpose Petroleum Hydroprocessing Rectors." The regulations addressed in the memoranda and again in today's notice were promulgated under the Resource Conservation and Recovery Act (RCRA) on August 6, 1998 (63 FR 42110).

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Federal Register Notice (PDF) (8 pp, 64K) - May 8, 2002

Selected Support Materials:


July 5, 2001

Summary of Rule

EPA is providing the public an opportunity to comment on Agency memoranda that explain how current RCRA regulations apply to spent catalyst waste removed from dual purpose hydroprocessing reactors and generated at petroleum refining facilities. The regulations addressed in these memoranda were promulgated under the Resource Conservation Act (RCRA) on August 6, 1998 (63 FR 42110) and among other things, listed spent hydrotreating catalysts (K171) and spent hydrorefining catalysts (K172) as hazardous wastes. Subsequent to that final rule and in response to inquiries from handlers of certain spent petroleum hydroprocessing catalysts, EPA issued two memoranda explaining that spent catalysts from dual petroleum hydroprocessing reactors fall within the scope of the final listing determinations for K171 and K172. Today, the Agency is notifying the public of the opportunity to comment on these previously issued memoranda.

Federal Register Notice (PDF) (6 pp, 57K)

Fact Sheet (PDF) (2 pp, 17K)

Index of Support Materials (PDF) (3 pp, 12K)

Selected Support Materials:

Background Document Clarifying the Scope of Petroleum Hazardous Waste Listings: Supplemental Information Regarding Petroleum Hydroprocessing Units (PDF) (49 pp, 134K)

This report identifies and characterizes petroleum hydroprocessing reactors, including dual purpose reactors. Petroleum hydroprocessing reactors are characterized in terms of operating conditions, feedstock characteristics, and resulting products. Types of units described include hydrotreating reactors, hydrocrackers, and dual purpose reactors.

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