Delisting & Exclusions
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. Below you will find specific waste determinations/exclusions:
Specific Waste Determinations/Exclusions
Final 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.
Proposed Determinations
Amendment to Hazardous Waste Listing F019
EPA is proposing to amend 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.
Lead-Based Paint
Debris Disposal
EPA proposed new, clear and consistent standards under the Toxic Substances
Control Act (TSCA) for the disposal of lead-based paint (LBP) debris to
replace existing RCRA regulations. 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.
Exclusions
Conditional
Exclusions from Hazardous Waste and Solid Waste for 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.
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.
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.