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Waste Listing Determinations, Delisting and Exclusions
Delisting
Delisting Related Links
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The Resource Conservation and Recovery Act, which guides EPA's hazardous waste management programs, provides for a process to remove, or “delist,” a waste generated at a facility from the list of hazardous wastes. This delisting process is initiated by the generator (person who creates the waste), who prepares a petition for delisting the waste. The petition provides information about the waste, including its chemical composition, to demonstrate the rationale for delisting the waste. The petition is reviewed by the appropriate regulatory agency (either EPA or a state hazardous waste regulatory agency which has been authorized to grant delisting petitions) to determine whether the waste should continue to be listed as hazardous.
Waste Listing Determinations
Dye and Pigment Production Wastes
EPA issued this final rule listing certain non-wastewaters from the production of specific dyes; pigments; and food, drug, and cosmetic colorants (FD&C) as hazardous. These wastes are designated by the hazardous waste code K181.
Spent Catalysts from Dual-Purpose Petroleum Hydroprocessing Reactors
EPA announced 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.
Paint Manufacturing Waste
EPA issued a final determination not to list as hazardous certain wastes generated from the production of paint. EPA originally proposed concentration-based listings for certain paint waste solids (K179) and liquids (K180) on February 13, 2001 (66 FR 10060).
Inorganic Chemical Manufacturing Wastes
EPA listed as hazardous three wastes generated from inorganic chemical manufacturing processes. EPA also made a final determination not to list the remainder of wastes generated by inorganic chemical manufacturing processes that were described in the proposed listing determination.
Chlorinated Aliphatics Production Wastes
EPA listed as hazardous two of six wastes generated by the chlorinated aliphatics industry. These two wastes are K174 — wastewater treatment sludges from the production of ethylene dichloride or vinyl chloride monomer (EDC/VCM); and K175 — wastewater treatment sludges from the production of vinyl chloride monomer using mercuric chloride catalyst in an acetylene-based process.
Solvents
EPA issued a final decision not to list wastes generated from the use of 14 chemicals as solvents as hazardous under RCRA.
Petroleum Refining Process Wastes
EPA amended the regulations for the management of wastes generated from petroleum refining by listing as hazardous wastes four wastes generated during petroleum refining. EPA also issued a decision not to list ten other petroleum refining wastes.
F019 Wastewater Treatment Sludges
EPA amended the F019 hazardous waste listing to facilitate the use of aluminum in automobiles, light trucks and utility vehicles. F019 is one of EPA’s F-code RCRA hazardous waste listings, which includes waste that is generated from common industrial and manufacturing processes. Specifically, F019 wastes are defined as wastewater treatment sludges from the chemical conversion coating of aluminum. Zirconium phosphating in aluminum can washing is exempt when such phosphating is an exclusive conversion coating process.
Organobromine Production Wastes
EPA announced the vacature of regulatory provisions governing the identification of certain wastes as listed hazardous wastes in 40 CFR part 261. EPA amended its regulations to conform with an order issued by the United States Court of Appeals for the District of Columbia Circuit (D.C. Cir.) in Great Lakes Chemical Corporation v. EPA (No. 98–1312), that vacated Agency regulations listing certain organobromine wastes as hazardous wastes under the RCRA. Under the court’s order the vacated federal hazardous waste listings and regulatory requirements based on those listings are to be treated as though they were never in effect.
Selected Waste-Specific Exclusions
Final Rule to Remove Saccharin from the Lists of Hazardous Constituents and Commercial Chemical Products under RCRA
EPA finalized its regulations under RCRA to remove saccharin and its salts from the lists of hazardous constituents and commercial chemical products which are hazardous wastes when discarded or intended to be discarded. EPA also amended the regulations under CERCLA to remove saccharin and its salts from the list of hazardous substances.
Lead-Based Paint (LBP) Debris Disposal
EPA found that the cost of disposing of LBP debris as hazardous waste is an obstacle for families deciding whether or not to have their home abated (measures taken to permanently eliminate LBP hazards). The new standards allow disposal of LBP debris in specified alternative, non-hazardous landfills (i.e., construction and demolition debris landfills) without requiring a hazardous waste determination.
Solvent-Contaminated Industrial Wipes
EPA is proposing to (1) conditionally exclude from the definition of hazardous waste disposable industrial wipes that are contaminated with hazardous solvents and are going to disposal, and (2) conditionally exclude from the definition of solid waste reusable industrial shop towels and rags that are contaminated with hazardous solvents and are sent for laundering or dry cleaning.
Gasification Rule
On January 8, 2008, EPA finalized the exclusion for oil-bearing hazardous secondary materials generated at a petroleum refinery so that the gasification of these materials will have the same regulatory status (i.e., excluded) as other oil-bearing hazardous secondary materials reinserted into the petroleum refining process. The proposed broader exclusion has not been included as part of this rulemaking and is still under consideration by the Agency. By allowing certain secondary materials to be recycled for additional fuel production, EPA is helping petroleum refineries to reduce waste and capture more energy from each barrel of oil.
World Resources Company
The EPA granted a variance from EPA’s hazardous waste requirements for certain materials reclaimed by the World Resources Company (WRC) from metal-bearing sludges. This action responds to a petition submitted by WRC requesting that the Agency exclude from the definition of solid waste under the Resource Conservation and Recovery Act (RCRA) its concentrate material that is partially reclaimed from metal-bearing sludges and sold to smelters.
Related Information
Identification, Listing, and Rulemaking Petitions/Information Collection Requests (ICRs)
This web page provides announcements of Information Collection Requests (ICRs) that have been forwarded to the Office of Management and Budget (OMB) for review and approval concerning Identification, Listing, and Rulemaking Petitions.