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Hazardous Waste Delisting Program

BACKGROUND

Under the RCRA regulations, wastes are designated as hazardous in two ways:

characteristic wastes - solid wastes that exhibit the characteristics of ignitability, corrosivity, reactivity, or toxicity.
listed wastes - solid wastes that are specifically listed in 40 CFR Part 261, Subpart D. Characteristic wastes are hazardous for as long as they exhibit a characteristic, whereas Listed wastes remain hazardous until the waste is delisted.

Delisting is a formal agency rulemaking procedure. The delisting program has historically been administered primarily by EPA Headquarters. On October 10, 1995, this program was delegated to the Regions. In Region 6, only Louisiana and Oklahoma are currently authorized for delisting.

REGION 6 DELISTING PROCESS OVERVIEW

  1. Applicant first submits a written request informing Region 6 of Petition interest.
  2. A required face-to-face meeting is scheduled, and the appropriate state will be invited.
  3. The Region reviews the petitioner's sampling and analysis plan to ensure proper data collection.
  4. Applicant submits a complete petition utilizing the Delisting Guidance Manual. Failure to submit a complete petition will result in denial of the petition.
  5. Region 6 has 30 days to review the petition. EPA HQs and the appropriate state will also be given the opportunity to comment on the petition simultaneously.
  6. Applicant has a maximum of 15 working days to correct any identified minor deficiencies. Failure to correct a deficiency in 15 days will result in denial of the petition.
  7. The Region will perform a risk assessment on the petitioner's waste analyses data.
  8. Draft Decision Document will be provided to the appropriate state for comment.
  9. Following state comment, the proposed Decision Document will be finalized and the Federal Register Notice will be issued for public comment in a specified 45 day period.
  10. At the completion of the comment period, the Decision Document will be finalized along with a detailed Responsiveness Summary of all received comments. A final Federal Register Notice will also be published.

The Delisting Process designed by EPA Region 6 employs a number of innovations over those historically utilized by EPA Headquarters:

AWARDS

The Region 6 Delisting Team won the following awards for its success in streamlining and reinventing the regulatory process

  1. 1996 Vice President Al Gore's Hammer Award
  2. Federal Executive Board (FEB)'s Heroes of Reinvention Award

CONTACT/TELEPHONE NUMBER

William Gallagher, Chief OK/TX RCRA Permits Section, (6PD-O) Multimedia Planning and Permitting Division 1445 Ross Avenue Dallas, TX 75202 (214) 665-6775

CURRENT STATUS:

VALERO ENERGY CORPORATION (Formerly BASIS PETROLEUM and PHIBRO ENERGY) - TXD000792397

This was a conditional exclusion for 4,000 cubic yards of treatment residuals presently disposed of in an on-site hazardous waste landfill. The treatment residuals are the result of the thermal desorption recycling of process solids. The treatment residuals carry hazardous waste codes,K048, K049, K050, K051, F037, and F038. The Petition was resubmitted on 6/19/97. The petition was withdrawn by the facility on May 28, 1998. Michelle Peace, (214) 665-7430

BEKAERT STEEL CORPORATION - ROGERS, ARKANSAS - ARD983267733

This is a proposed conditional exclusion for 1,250 cubic yards of F006 waste per calendar year. F006 refers to wastewater treatment sludges form the electroplating industry. The constituents of concern are cadmium, hexavalent chromium, cyanide and nickel. Of these constituents, only a relatively small amounts of nickel is found in the leachate using the TCLP. The facility's process uses mainly copper and zinc which is found in the leachate as well as nickel and antimony. However, all constituent concentrations are below health-based levels for ground water when a DAF of 96 is applied. Other pathways of transport are evaluated and not considered significant. The final decision to approve this petition was published in the Federal Register on September 16, 1996. David L. Vogler, (214) 665-7428

EASTMAN CHEMICAL COMPANY - TEXAS EASTMAN DIVISION -TXD007330202

This is a conditional exclusion for 7,000 cubic yards of incinerator ash presently disposed of in an on-site hazardous waste landfill. The ash is the result of the incineration the plant's wastewater treatment sludge and hazardous waste fuels. The sludge and fuels carry 56 hazardous waste codes. After incineration, the ash carries waste codes F00I, F002, F003, F005, K009, and K010, as well as, 32 U-waste codes and 18 D-waste codes due to the mixture rule. All constituent concentrations are below health-based levels for ground water when a DAF of 45 is applied. Other pathways of transport are evaluated and not considered significant. The exclusion includes verification testing and annual testing requirements for the ash to account for waste variability. The final decision to approve this petition was published in the Federal Register on September 25, 1996. Michelle Peace (214) 665-7430

GIANT REFINING COMPANY - NMD0894116416

This is a one-time exclusion for 2,000 cubic yards of excavated soil presently stored in an on-site waste pile. The waste was generated from the excavation of two surface impoundments and a landfill where the contaminated soils were stored. The stockpiled waste is described as EPA Hazardous Waste No. K051. K051 is identified as API separator sludge from the petroleum refining industry. The constituents of concern for K051 are hexavalent chromium and lead. All constituent concentrations are below health-based levels for ground water when a DAF of 100 is applied. Other pathways of transport are evaluated and not considered significant. The waste is being recommended for an exclusion. The final decision to approve this petition was published in the Federal Register on September 3, 1996. Michelle Peace (214) 665- 7430

OCCIDENTAL CHEMICAL CORPORATION- TXD982286932

The delisting petition was submitted to remove 128 cubic yards of rock box residue, 148,284 cubic yards of caustic neutralized waste water, and 1,114 of limestone sludge which are a result of the treatment of off-gases from the on-site incinerators at the Ingleside, Texas facility. This petition is for a conditional exclusion including the K019, K020, F001, F003, F005, and F025 waste codes. The petition was received by the Agency on January 3, 1997. All constituent concentrations are below health-based levels for ground water when individual DAFs of 100, 15, 100 are applied to the three waste streams. Other pathways of transport are evaluated and not considered significant. Approval of this petition has been recommended. The approval will include verification testing and annual testing requirements for the ash to account for waste variability. Publication of the proposed decision was published in the Federal Register on May 14, 1998. This final exclusion covers only 1000 cubic yards (Rockbox Residue), and 1,114 cubic yards (Limestone Sludge) of waste per calender year. The final rule was published in the Federal Register on January 29, 1999. David Vogler (214) 665-7428

REYNOLDS METALS COMPANY DELISTING EXCLUSION - ARD006354161

Region 6 has signed the Federal Register notice proposing the repeal of the Reynolds Metals Company delisting exclusion. This decision will be the first of its kind as it relates to the Delisting Program. Reynolds was granted a delisting in 1991, for kiln residues from the treatment of spent potliners. The kiln residue leaches high concentrations of cyanide and arsenic and has a pH of 12 to 13. All well above health-based levels. The proposed repeal will cause the residue, currently managed as a solid waste, to be managed as a hazardous waste. The proposed rulemaking to repeal of the Reynolds Metals Company delisting was published on July 31, 1997, in the Federal Register. Comments on the proposed decision will be accepted until September 2, 1997. The repeal was finalized on December 1, 1997. Michelle Peace (214) 665-7430

OCCIDENTAL CHEMICAL- DEER PARK, TEXAS- TXD981911209

This is a petition for 1000 cubic yards of Rockbox Residue. These wastes are a result of the treatment of offgases from onsite incinerators. They carry the waste codes: K017, K019, K020. The petition was received September 29, 1997. The proposed rule was published February 19, 1999 in the Federal Register. The final rule was published in the Federal Register on August 3, 1999. Michelle Peace (214) 665-7430.

AIR FORCE BASE PLANT #3/MCDONNELL DOUGLAS - Tulsa, Oklahoma - OKD041501347

The petition was submitted on November 7, 1997. The petition to delist F019, F002, F003, F005 waste sludge previously disposed in a on-site landfill. The final exclusion for McDonnell Douglas' delisting petition was published in the Federal Register on February 26, 1999. David Vogler, (214) 665-7428.

DURATHERM, INC. - Houston, TX- TXD981053770

The petition was received 11/13/98. The petition is to delist residual solids from a thermal desorption unit. The waste codes the solids are listed for are F037, F038, K048, K049, K050, and K051. The proposed rule was published in the Federal Register in August 18, 1999. The final exclusion was published in the Federal Register in April 24, 2000. Michelle Peace (214) 665-7430

CHAPARRAL STEEL - Midlothian, Texas - TXD066362559

The petition was received 2/23/99. The petition is for F006 leachate from a closed landfill. The facility intends to use the delisted leachate as cooling water needed for steel milling. The proposed rule was published in the Federal Register on August 24, 1999. The final rule was published on February 23, 2000. David Vogler, (214)665-7428.

RHODIA, Inc. (FORMERLY RHONE POULENC BASIC CHEMICALS) - Houston, Texas - TXD008099079

The delisting petition was submitted to remove Filter Cake (Scrubber Water) Sludge generated by Rhone-Poulenc's Sulfuric Acid Regeneration Plant in Houston, TX. The waste was listed for 10 "F" Codes, 10 "K" Codes, 2 "P" Codes, and 70 "U" Codes. The petition was withdrawn due to deficiencies in the area of analytical documentation required to validate that the filter cake sludge is non-hazardous at the end of the waste by-product formation process. A detailed sampling and analysis plan (SAP) was submitted and approved. The new petition was received on November 4, 1997. EPA received diskette version of analytical data on 11/19/97. A formal notification from Rhone-Poulenc of official name change as of 12/31/97 was received on 12/2/97. The rule was proposed on October 15, 1999. The final rule was published in the Federal Register on April 10, 2000. James A. Harris, Jr., (214) 665-8302

For additional information visit EPA's Hazardous Waste Home Page at https://www.epa.gov/epaoswer/osw/index.htm

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