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Hide details for Delisting PetitionsDelisting Petitions
02/12/2004APPLICABILITY OF THE F006 CLASSIFICATION TO WASTES FROM THE CHEMICAL ETCHING OF MAGNESIUMMemo
 Description: The applicability of hazardous waste listings is determined by the straight reading of regulatory language when specific processes are not mentioned. The F006 listing covers wastewater treatment sludges from certain electroplating operations. The listing applies to chemical etching, among other activities, and only excludes chemical etching of aluminum. Magnesium etching is not excluded, and wastewater treatment sludges generated from the chemical etching of magnesium are subject to the F006 listing. EPA's interpretation that the F006 listing applies to "common and precious metals" only applies in certain instances, but it did not affect anodizing, chemical etching and milling, or cleaning and stripping processes (SEE ALSO: 51 FR 43351; December 2, 1986). If a wastewater treatment sludge does not contain any constituents of concern for the F006 listing, the waste may be eligible for delisting.
 
01/01/2004APPLICATION OF LDR TO DELISTED WASTESMemo
 Description: A delisting only absolves the generator from the obligation of handling the waste as hazardous. If hazardous waste is granted a delisting prior to generation, LDR requirements would not apply. If waste is generated and subsequently delisted, the generator must comply with applicable Part 268 requirements before disposal. A generator may file petition for variance from Part 268 requirements.
 
08/16/2002GENERATOR QUANTITY DETERMINATIONS FOR F006 LISTED SLUDGEMemo
 Description: A generator must include all hazardous waste that it generates when making quantity determinations. Hazardous waste generation is determined by the total volume of waste, not just by the quantity of hazardous constituents. Delisting procedures can address the regulation of low-risk, listed wastes. Provisions do not address adjusting the water content of listed waste (e.g., F006) when making quantity determinations. EPA is working with the metal finishing industry to tailor the regulations. EPA extended accumulation times for large quantity generators (LQGs) to 180 or 270 days when recovering metals from F006, and is working on other regulatory changes to encourage metal recovery (SEE ALSO: 65 FR 12377; 3/8/00).
 
06/01/2002RCRA Hazardous Waste Delisting: The First 20 YearsPublication
 Description: This report documents an evaluation of the outcomes and impacts of the hazardous waste delisting program, conducted by the United States Environmental Protection Agency under the Resources Conservation and Recovery Act (RCRA). The report describes the rationale for conducting a program evaluation, the results and outcomes of the delisting program, and other findings and issues raised in this evaluation. This evaluation was undertaken as part of EPA's implementation of the Government Performance and Results Act (GPRA) of 1993. That statute requires federal agencies to include program evaluations in the strategic planning process.
 
05/12/1999ELECTROPLATING WASTEWATER TREATMENT SLUDGES FROM GRAY CAST IRON MANUFACTURING OPERATIONSMemo
 Description: Exclusion from F006 for zinc plating on carbon steel does not apply to plating on gray cast iron, a different base metal. Wastes from gray cast iron plating operations are eligible for delisting petition.
 
08/18/1998STEEL PLATING PROCESS AND F006 DEFINITIONMemo
 Description: Wastewater treatment sludges from electroplating operations are F006 regardless of actual composition and constituent concentrations (even if the process does not use any of the constituents for which F006 sludges were listed, such as chromium, cadmium, nickel and cyanide). F006 exemption for aluminum or zinc-aluminum plating on carbon steel does not extend to steel plating on aluminum. Facility may petition to have waste delisted.
 
07/01/1998NATIONAL POLICY FOR HAZARDOUS WASTE DELISTINGSMemo
 Description: The national policy for the hazardous waste delisting program contains a conditional delisting element. New delistings only apply to wastes managed in the type of unit modeled in the delisting risk assessment. Management of delisted waste in other units subjects the delisted waste to hazardous waste regulation. Waste remains delisted as long as the generator complies with conditions of delisting. In future delistings, Regions should include a provision (a delisting reopener) that establishes a mechanism to review the delisting if additional data become available indicating the initial delisting decision was inappropriate or wrong.
 
05/23/1997REQUEST FOR OPINION REGARDING CARBAMATE WASTE GENERATED BY CYTEC INDUSTRIES INC.Memo
 Description: The K156 listing (organic wastes from the production of carbamates and carbamoyl oximes) includes wastes from the production of methyl carbamate. Carbamate is a salt or ester of carbamic acid and methyl carbamate is the simplest ester of carbamic acid. A generator may petition for a delisting if the wastestream does not contain hazardous constituents that are the basis for listing K156. Industry may challenge a final rule during the 90 day period after the rule is promulgated (RCRA 7006(a)(1)).
 
11/29/1995ADMINISTRATOR’S DECISION ON EXTENSION OF DELISTING DELEGATION TO REGIONSMemo
 Description: EPA headquarters is delegating delisting authority to the Regions. Delisting petitions should be submitted directly to the Regions rather than to headquarters. Existing petitions were transferred to the Regions.
 
02/07/1995POLICIES REGARDING SELF-CERTIFICATION OF NON-HAZARDOUS WASTEMemo
 Description: There is no RCRA policy for “self-certifying” that a listed waste is nonhazardous. Listed wastes remain listed and hazardous until delisted. Wastes that will be beneficially recycled may still be a solid and thus a hazardous wastes.
 
11/01/1994DELISTING PETITIONS FOR HAZARDOUS WASTES FROM THE PETROLEUM INDUSTRYQuestion & Answer
 Description: Discusses the history of the “petroleum list” and the “Skinner List” used in delisting hazardous wastes from petroleum industry. Due to generator-specific nature of delisting, other constituents may need to be addressed.
 
07/21/1994CLARIFICATION: IS A FACILITY THAT HAS A ""PRIMARY PURPOSE"" OF BURNING HAZARDOUS WASTE FOR DESTRUCTION SUBJECT TO RCRA REGULATIONS?Memo
 Description: Solid waste includes materials that are abandoned by being burned or incinerated. Discusses the history of the incinerator and BIF rules. The BIF rules apply even to BIFs burning hazardous waste (HW) for destruction. A facility with the “primary purpose” of burning HW for destruction is an incinerator. A test to determine whether a device is a BIF is in definition at Section 260.10. The revenue of a facility for treatment versus recycling is not sole factor in identifying the unit, but is factor in determining whether the activity is destruction, or legitimate or sham recycling. Delisting is not a prerequisite to use the Section 266.20 use in manner constituting disposal exemption. Section 266.20 only applies to to legitimate products derived from hazardous waste, not to hazardous waste residues that are merely claimed to be products. HSWA requires that facilities should conduct proper hazardous waste management in order to protect the environment and to achieve the ultimate goals of waste minimization and the reduction of land disposal.
 
03/22/1994CLARIFICATION OF THE ""CONTAINED-IN"" POLICYMemo
 Description: Soil containing F003 (listed solely for ignitability) may be deemed to contain hazardous waste due to the presence of hazardous constituents (such as metals) even if the soil does not exhibit a characteristic under the contained-in policy (SEE ALSO: 66 FR 27266, 27286; 5/16/01). Consistent with the process for delisting wastes listed solely for a characteristic, States may consider constituents other than those for which the waste was listed when deciding if the soil still contains hazardous waste.
 
04/15/1993Environmental Fact Sheet: Delisting Petitions and the Petition Review ProcessPublication
 Description: This fact sheet describes the rulemaking procedure that can lead to standard, conditional, or upfront exclusions on the obligation to treat certain wastes as hazardous. It also introduces facilities to the steps of the delisting petition review process with a focus on information requirements and EPA methods of technical evaluation.
 
10/15/1992REGULATORY STATUS OF SOILS CONTAMINATED FROM RELEASES OF COMMERCIAL CHEMICAL PRODUCTSMemo
 Description: Product carbon tetrachloride released from a tank is U211. Soils containing hazardous waste must be managed as a hazardous wastes until or unless they no longer contain listed waste, exhibit characteristic, or are delisted pursuant to the contained-in policy. The health-based levels used in contained-in determinations are site-specific.
 
12/30/1991PETITION TO DELIST XENIUM FIBERGLASS CORPORATION WASTEMemo
 Description: The delisting process generally takes two years. Addresses minimum delisting petition requirements. A delisting petition is not necessary for waste which is no longer hazardous via the 261.3(a)(2)(iii) exemption for mixtures of solid waste and hazardous waste listed solely for a characteristic that are no longer characteristic (SEE ALSO: 268.3; 66 FR 27266; 5/16/01). The generator is responsible for demonstrating that an exempt mixture remains nonhazardous and for classification as legitimately used, reused, recycled, or reclaimed.
 
12/20/1991PUBLIC HEARINGS ON PETITION TO DELIST WASTE FROM APTUS, INC.Memo
 Description: EPA is not required to hold public hearing on delisting petitions. As of 1991, EPA has never held delisting hearings. Proposed delistings must be published in the Federal Register. EPA does not designate specific disposal sites for delisted wastes, but assumes disposal in an unlined solid waste landfill.
 
12/01/1991SW-846 TEST METHODSQuestion & Answer
 Description: The test methods found in SW-846 are generally not required, but are intended as guidance for both hazardous waste identification and compliance with the land disposal restrictions (LDR) treatment standards. In certain instances, such as delisting and characteristic testing, EPA requires the use of the SW-846 methods.
 
07/10/1991DELISTING PETITION FOR INCINERATOR ASHMemo
 Description: EPA will dismiss delisting petitions that are either seriously deficient or incomplete after 6 months of an Agency request for additional information. A facility can submit a new petition.
 
04/26/1991SPENT PICKLE LIQUOR DELISTING PETITIONMemo
 Description: Discusses additional sampling and analysis requirements for a delisting petition of a liquid phase from lime neutralization of spent pickle liquor and associated rinsewaters (K062). A facility has 6 months to submit data before petition dismissal. A petition may be withdrawn and re-submitted.
 
03/26/1991CONTAINED-IN POLICYMemo
 Description: Includes an overview of the contained-in policy. The contained-in policy applies to all environmental media (i.e., soil, groundwater, and sediment) contaminated with listed waste. Media contaminated with listed hazardous waste are regulated until delisted or until the media no longer contain hazardous waste, as determined by states or regions based on risk (SEE ALSO: 66 FR 27266; 5/16/01). The contained-in policy has been upheld in federal court (citation provided).
 
03/26/1991SUBSURFACE FATE AND TRANSPORT MODELMemo
 Description: EPA‘s Composite Model for Landfills (EPACML) is a subsurface fate and transport model developed for national regulatory purposes, not site-specific use. EPA is proposing to use EPACML in delisting petitions. EPA discourages application of the model to site-specific corrective actions.
 
02/12/1991STATE AUTHORIZATION FOR DELISTINGMemo
 Description: Once a state is authorized for the delisting program, EPA loses the authority to delist wastes in that state and transfers all outstanding petitions to the state agency. EPA delisting decisions have no effect on hazardous waste management in a state authorized for delistings, unless the waste leaves the state.
 
01/30/1991STANDARDS FOR AIR PATHWAY FOR METALS AND ORGANIC CHEMICALSMemo
 Description: A land disposal restrictions (LDR) no-migration petition uses a health based level for chromium based on hexavalent chromium. Discusses information on compounds in Appendix VIII or IX, and/or the modified Skinner list relating to no-migration petitions.
 
01/03/1991MODIFICATIONS TO WASTEWATER TREATMENT SYSTEM UNDER EXCLUSIONMemo
 Description: If a manufacturing or treatment process that generates a delisted waste is modified, the facility must submit additional data to EPA. Waste from the modified process should be treated as hazardous until EPA makes a decision regarding status of exclusion.
 
12/21/1990DELISTING PETITION OF NITROGEN TETROXIDE RINSATEMemo
 Description: A delisting petitions must demonstrate that waste does not exhibit any hazardous characteristic. A petition withdrawal is allowed to prevent denial notice in Federal Register. A facility can re-petition at later date.
 
11/27/1990DRAFT SAMPLING AND ANALYSIS PLAN FOR NH PLATING COMPANYMemo
 Description: Discusses the delisting petition site-specific sampling and analysis requirements for chemically stabilized electroplating soils and sludges, as well as the use of groundwater monitoring data in the petition.
 
10/09/1990CONTAMINATED SOIL AND DEBRIS TREATED REPLACEMENT UNDER A TREATABILITY VARIANCEMemo
 Description: Waste and residue treated under a treatability variance are regulated the same as waste treated to the applicable land disposal restrictions (LDR) standards. Soil and debris that is subject to a treatability variance are still managed as hazardous waste under contained-in policy. A variance is not that same as a delisting. An area of contamination (AOC) designated by the Region during RCRA corrective action is a RCRA unit. Waste is not subject to LDR and the unit is not subject to minimum technological requirements (MTR). Discusses corrective action management units (CAMUs).
 
09/26/1990CYANIDE FURNACE CRUCIBLES TREATMENTMemo
 Description: Discusses the volume of petitioned waste that is critical to the delisting evaluation. Delisting of waste in a land-based unit should include evidence that regulatory controls will be place on the solid waste management unit (SWMU) after delisting. Discussion of sampling, analysis, and groundwater monitoring.
 
06/14/1990ADOPTION OF TCLP FOR DELISTING DEMONSTRATIONSMemo
 Description: Notification to petitioners that, after finalization of toxicity characteristic rule, TCLP data will be required in all delisting petitions instead of extraction procedure (EP) data (SEE ALSO: 261.24).
 
05/31/1990SOIL CONTAMINATED WITH TOLUENE DIISOCYANATE (TDI)Memo
 Description: Contaminated soil and environmental media are hazardous until they no longer contain listed waste or are excluded, and are not hazardous via derived from rule (SEE ALSO: 66 FR 27266; May 16, 2001). A delisting petition must be filed for exclusion and will only apply to the facility and the waste covered by the exclusion.
 
05/24/1990MAGNESIUM SULFATE VS. ALUMINUM SULFATE DELISTING PETITIONMemo
 Description: A change in the hazardous waste treatment process may produce a new wastestream not covered by the delisting petition granted in the past. As a result, the delisting may be reevaluated using new health-based levels and other current delisting criteria.
 
12/05/1989BATCH, DEFINITION OFMemo
 Description: Discusses the definition of batch for purposes of composite sampling and conditional testing requirements in a facility’s delisting petition
 
10/03/1989PETITION TO WITHDRAW K090 AND K091 LISTINGSMemo
 Description: K090 and K091 cover waste generated by air pollution control devices from ferrochromium or ferrochromium silicon production furnaces. K090 and K091 are listed for total chromium (Cr). As of 1989, there is no plan to remove listings since new data show trivalent Cr may be a carcinogen. EPA is considering removing the 261.4(b)(6) exclusion for wastes containing trivalent chromium. EPA will not remove listed waste from regulation based solely on whether or not waste exhibits toxicity characteristic. In making delisting decisions, EPA considers whether waste meets any of the criteria for which it was originally listed, as well as additional constituents and factors.
 
06/19/1989ENVIRONMENTAL MEDIA CONTAMINATED WITH RCRA-LISTED HAZARDOUS WASTEMemo
 Description: Environmental media (groundwater, soil, sediment) contaminated with listed hazardous wastes are regulated via the contained-in policy, not the mixture or derived-from rules, since environmental media are not solid wastes. The Regions or states determine at what levels media no longer contains hazardous waste. Wastes that carry a listing due to the mixture or derived-from rules can be made nonhazardous only by delisting (SEE ALSO: 61 FR 18779; 4/29/96; 66 FR 27266; 5/16/01).
 
05/23/1989CONTAMINATED ENVIRONMENTAL MEDIA - SOIL AND GROUND WATERMemo
 Description: Addresses the EPA contained-in policy. Contaminated media should be managed as hazardous waste (HW) because it contains HW. Media itself is not HW. To consider media to be newly generated waste would encourage the purposeful contamination of media to avoid regulation. The process for waste deregulation is delisting.
 
04/14/1989PLASTIC PACKING MEDIA FROM AIR STRIPPING TOWER TREATING CONTAMINATED GROUNDWATERMemo
 Description: Volatilization qualifies as treatment. Filter material used in the treatment of F001-contaminated groundwater is subject to regulation since media contains F001 under the contained-in policy. The derived-from rule does not apply and delisting is not needed, but media must be handled as hazardous waste until handler demonstrates that it no longer contains F001.
 
06/20/1988SURFACE IMPOUNDMENT SAMPLING PLAN FOR HOLLOMAN AIR FORCE BASEMemo
 Description: Provides guidance on a delisting petition sampling plan at a facility with large-volume surface impoundments, drainage ditches, and lakes.
 
04/01/1988HAZARDOUS WASTE I.D.Question & Answer
 Description: Groundwater contaminated with F001-F005 solvents is subject to Subtitle C because it contains a listed waste per the contained-in policy. If the groundwater is treated such that it no longer contains a hazardous waste, or the solvents in the groundwater are delisted, it is no longer subject to Subtitle C (SEE ALSO: 61 FR 18779; 4/29/96; 66 FR 27266; 5/16/01).
 
03/30/1988SUMMARY OF PERMIT ASSISTANCE TEAM (PAT) COMMENTSMemo
 Description: Samples taken from turbid groundwater may not be valid. Proper well development requires that wells be clay and silt free. Discusses the use of polyvinyl chloride (PVC) in well construction, the calculation of purge volume, and Part 264, Appendix IX. An accelerated groundwater monitoring schedule can be used to bring a facility into compliance. The maintenance of a groundwater monitoring network may include the redevelopment of a well. Well maintenance should be included as a permit condition. Replacement units (e.g. landfills and surface impoundments) must be retrofitted to meet the minimum technological requirements. If a proposed alternative to a double liner does not meet the requirements of 264.221(c), the location characteristics or operating practices must compensate for the deficiency. A redundant flexible membrane bottom liner may be equivalent to the 3004(o)(5)(B) interim statutory design, thus meeting the 3004(o)(1) minimum technological requirements. Addresses the use of the Hydrologic Evaluation of Landfill Performance (HELP) model v. Moore’s Equation for calculating leachate volume when designing a collection system, the proposed modifications to the cap design to reduce erosion potential, and the use of a test plot to support alternative landfill design cover. A high-density polyethylene liner must be supported by a stable base. An owner of a petroleum refinery undertaking a land treatment demonstration must fully characterize the waste, including addressing the Skinner List constituents in the waste analysis plan. A properly conducted land treatment demonstration should include an evaluation of the waste degradation, transformation, and immobilization, as well as a toxicity study. A land treatment unit cannot accept sludges containing high concentrations of water if the soil moisture conditions cause saturation of the unit. Discusses the selection of principal hazardous constituents for a land treatment unit. An owner of a land treatment unit who has not demonstrated satisfactory treatment of hazardous constituents may need to close the unit. Addresses the presence of a high water table at a land treatment unit and the possible responses. An owner of an existing interim status land treatment unit may be eligible for an immediate full-scale permit if the land treatment demonstration addresses all of the necessary requirements. In states that are authorized for the RCRA base program but not for the HSWA provisions, construction cannot begin at a new facility until both the state and EPA permits are issued. The land disposal restrictions (LDR) program is a self-implementing portion of HSWA, superseding the permit as a shield provision. Permit content should be edited for applicability, importance, clarity, and precision prior to issuance. A minimum detection limit (MDL) can be used to establish background as a groundwater protection standard. Any component required in a RCRA facility investigation (RFI), such as monitoring releases not requiring immediate response, should be included as a permit condition. Monitoring wells installed as part of a HSWA corrective action may be designated as point of compliance wells. Permits containing corrective action conditions for groundwater treatment programs must specify methods of handling groundwater containing hazardous waste and must include pumping and removal requirements. Air stripping may not be an appropriate treatment method for groundwater contaminated with methyl isobutyl ketone. A permit or 3008(h) order should address the air emissions from treatment units such as an air stripper. Includes criteria for the referral of facilities to the Agency for Toxic Substances aND DISEASE REGISTRY (ATSDR) UNDER 3019. Emerging technologies, such as in-situ bio-reclamation, should be demonstrated as effective in pilot-scale field studies prior to approval. 264 Subpart F compliance monitoring standards should be applied to the verification monitoring at solid waste management units (SWMUs) during corrective action. A HSWA corrective action pe
rmit may include a technical feasibility clause discontinuing the program once contaminant levels can no longer be reduced. EPA discourages the approval of a waiver allowing the disposal of nonhazardous waste in a landfill that has lost interim status.
 
03/10/1988STAINLESS STEEL PRODUCTION RESIDUESMemo
 Description: Residue derived from extracting chromium and nickel from K061 is K061, unless it is delisted (SEE ALSO: 261.3(c)(2)(ii)(C)). K061 applies solely to emission control dust or sludge from electric arc furnaces used in primary steel production (e.g., stainless steel) and not for casting operations.
 
02/11/1988SPENT PIPELINE FILTER CARTRIDGESMemo
 Description: If F-listed solvents pass through a pipeline and filter cartridge, the spent filter is listed via the derived-from rule until or unless it is delisted (SEE ALSO: 66 FR 27266; 5/16/01). If the filter contains a discarded P- or U-listed CCP solvent, the filter is listed until it no longer contains hazardous constituents.
 
02/02/1988CLOSURE REQUIREMENTSMemo
 Description: EPA recognizes the inconsistencies between the tank and container closure requirements and plans to revise Subpart I to ensure consistency. The 3/19/87 clean closure guidance (52 FR 8704) should be applied to closure by the removal of wastes from any RCRA unit. EPA plans to allow interim status and permitted landfills to defer closure to manage nonhazardous wastes. Characteristic waste must be managed as hazardous unless it no longer exhibits any of the four characteristics. Discusses the more protective clean closure action levels v. hazardous waste identification levels. Listed wastes and any waste residues or contaminated soil or debris removed during closure are hazardous unless delisted. The concentrations of total organic carbon (TOC) and total organic halogens (TOX) cannot be used to determine if decontamination wastewater is hazardous.
 
01/29/1988CLOSURE REQUIREMENTS AT FACILITIES HAVING DELISTING EXCLUSIONS REVOKEDMemo
 Description: Final exclusions are considered fully retrospective, so that waste is assumed to have always been nonhazardous. A unit handling a waste that has received a final exclusion is not subject to Subtitle C unless it also contains non-excluded waste. 3005(i) (codified in 270.1(c)) is a HSWA provision and is implemented by EPA until a state becomes authorized for that provision. Wastes granted temporary exclusions and later denied final exclusions using post-HSWA criteria were nonhazardous only during the time that the temporary exclusion was in effect. The regulatory status of units accepting temporarily excluded wastes depends on whether the units accepted waste before or after the temporary exclusions.
 
12/11/1987K035 LISTING AND DELISTING ISSUES:GROUNDWATER CONTAMINATIONMemo
 Description: K035 includes sludges generated from the biological treatment of creosote production wastewaters. Waste cannot be delisted unless it is sufficiently characterized to demonstrate that it is nonhazardous, including showing that the waste is not characteristic and is not hazardous for other reasons.
 
12/11/1987K035 LISTING AND INCLUSION OF SLUDGES FROM BIOLOGICAL TREATMENT OF CREOSOTE PRODUCTION WASTEWATERSMemo
 Description: K035 includes sludges generated from the biological treatment of creosote production wastewaters. Waste cannot be delisted unless it is sufficiently characterized to demonstrate that it is nonhazardous, including showing that the waste is not characteristic and is not hazardous for other reasons.
 
10/28/1987DELISTING PETITION INFORMATION REQUIREMENTS FOR RESIDUES FROM INCINERATION OF 2,4,5-T AND SILVEX PESTICIDESMemo
 Description: Outlines the requirements of a delisting petition for residues from the incineration of 2,4,5-T and silvex pesticides.
 
10/26/1987SURFACE IMPOUNDMENT DELISTING PETITIONS, USE OF VHS MODELMemo
 Description: The vertical horizontal spread (VHS) model is used to evaluate wastes in landfills and surface impoundments for purposes of delisting petitions. The organic leachate model (OLM) is also used.
 
10/05/1987SURFACE IMPOUNDMENTS HOLDING ONLY K-WASTES GENERATED UNDER A TEMPORARY EXCLUSIONMemo
 Description: Waste disposed in a surface impoundment during a temporary delisting exclusion is not subject to Subtitle C after the final denial decision unless it is actively managed (removed, excavated, shipped, mixed, or treated). The units are solid waste management units (SWMUs) for purposes of corrective action.
 
10/02/1987DELISTING POLICY ALLOWS EXCLUSION OF SEPARATE WASTE TREATMENT UNITS AT MULTI-UNIT FACILITIESMemo
 Description: Delistings allow the exclusion of separate waste treatment units at a multi-unit facility. Discusses the Oily Waste Extraction Procedure (OWEP) for oil and grease exceeding 1% (SEE ALSO: 261.24). Addresses the 6 month deadline for the submission of information before a petition dismissal. A withdrawal prevents a denial notice in the Federal Register.
 
09/28/1987DELISTING PETITIONS FOR K-WASTES MANAGED IN ON-SITE LAND-BASED UNITS-MONITORING REQUIREMENTSMemo
 Description: Delisting petitioners with on-site land-based management of waste must submit groundwater monitoring data. Discusses the use of the vertical horizontal spread (VHS) and organic leachate (OLM) models. EPA allows petition withdrawal to prevent the publication of a denial in the Federal Register.
 
09/16/1987SW-846 METHODS MANUALMemo
 Description: The use of SW-846 methods is generally not required except for quality assurance/quality control procedures and determining if the waste is characteristic. Discusses sampling, analysis for delisting petitions, incinerator trial burns, and determining if bulk or containerized waste contains free liquids prior to disposal in a landfill.
 
09/03/1987DELISTING REGULATORY STANDARDS FOR FREONMemo
 Description: Discusses the use of the organic leaching model (OLM) and vertical and horizontal spread (VHS) model used to assess the hazard posed by the disposal of freon (trichloro thifluoroethane) in a landfill for the purposes of delisting.
 
08/19/1987K006 WASTES AND ON-SITE DISPOSAL UNIT CONTAINING THESE WASTESMemo
 Description: The Texas Water Commission should determine the future status of the disposal unit containing K006 waste that was originally granted a temporary exclusion and later denied a final exclusion.
 
08/19/1987K006 WASTES AND ON-SITE DISPOSAL UNIT CONTAINING THESE WASTESMemo
 Description: The Texas Water Commission should determine the future status of the disposal unit containing K006 waste that was originally granted a temporary exclusion and later denied a final exclusion.
 
08/17/1987MIXTURE OF F003 AND A SOLID WASTE AND DELISTING REQUIREMENTSMemo
 Description: Still bottoms from methanol recovery are F003, and are regulated hazardous wastes at the source of generation. If still bottoms are mixed with a solid waste and the mixture does not exhibit a characteristic (SEE ALSO: 66 FR 27266; 5/16/01), it is not a hazardous waste via the 261.3(a)(2)(iii) exemption from the mixture rule for wastes listed solely for exhibiting a characteristic (SEE ALSO: 268.3).
 
08/11/1987METHODS 1310 AND 1330: EXTRACTION PROCEDURE AND EXTRACTION PROCEDURE FOR OILY WASTEMemo
 Description: Method 1310 extraction procedure (EP) is the only method to be used for determining the applicability of the toxicity characteristic, even for oily waste (SUPERSEDED: See 261.24). Method 1330 (EP for oily waste) may be used for delisting.
 
08/07/1987DELISTING PETITIONS AND INADEQUATE GROUNDWATER MONITORINGMemo
 Description: Groundwater samples should not be filtered at the time of collection, but should be split when filtering is used with filtered and unfiltered analyses submitted for evaluation. Discusses the placement of monitoring wells and the rationale for the denial of a specific delisting petition.
 
07/31/1987DELISTING ACTION - STATUS OF HOLLOMAN AIR FORCE BASEMemo
 Description: Addresses delisting petition requirements for sampling, analysis, and groundwater data.
 
07/31/1987REGULATORY STATUS OF FACILITIES PREVIOUSLY GRANTED TEMPORARY EXCLUSIONSMemo
 Description: Discusses the current regulatory status of facilities that had temporary and informal exclusions for delisting petitions subsequent to 11/8/86 and the deadline for final action. Petitioned wastes generated before the temporary exclusion is granted are hazardous, and units handling them are subject to Subtitle C. Wastes generated under a temporary exclusion for which final exclusion was denied are hazardous but are not subject to Subtitle C unless they are disturbed and actively managed.
 
07/28/1987DELISTING PETITIONS, PROCEDURES FOR PROCESSINGMemo
 Description: Delisting petitions may not remain inactive or on hold. A petition may be withdrawn and later resubmitted. A notice of decision to deny a petition will be released in the Federal Register unless the petition is withdrawn.
 
07/20/1987ENFORCEMENT OF APPLICABLE RCRA REGULATIONS AT FACILITIES WITH PENDING DELISTING PETITIONSMemo
 Description: Until delisting petitions are finalized, the hazardous wastes are still subject to full regulation and enforcement. Facilities with temporary or informal exclusions were exempt from regulation until 11/8/86.
 
07/20/1987ENFORCEMENT OF APPLICABLE RCRA REGULATIONS AT FACILITIES WITH PENDING DELISTING REGULATIONSMemo
 Description: Until delisting petitions are finalized, the hazardous wastes are still subject to full regulation and enforcement. Waste from facilities with temporary or informal exclusions was exempt from regulation until 11/8/86.
 
06/08/1987F006 WASTES, VHS AND GROUNDWATER MONITORING DATA TO EVALUATE A DELISTING PETITION FORMemo
 Description: The vertical and horizontal spread (VHS) model is used in delistings. A delisting for wastes managed in on-site waste management units must have a groundwater monitoring system in place and 4 quarters of data. Oily Waste Extraction Procedure (OWEP) is used for wastes with 1% oil and grease (SEE ALSO: 261.24).
 
04/30/1987TEMPORARY EXCLUSION APPLIED TO ONLY ONE FACILITY (MONROE AUTO)Memo
 Description: Temporary exclusions (a form of delisting petition) are granted for specific wastes. Sampling data must be submitted for waste that is contained in each on-site unit if the waste is managed on site. EPA normally gives six months for a facility to come into compliance after revoking a temporary exclusion.
 
04/24/1987GROUNDWATER CONTAMINATION AS A BASIS TO DENY A DELISTING PETITIONMemo
 Description: Groundwater contamination may be used as basis to deny a delisting petition. A petitioner must demonstrate that the petitioned waste is not a source of contamination.
 
04/13/1987COMBINATION OF SLUDGES FROM ALL IMPOUNDMENTS TO DETERMINE WASTE VOLUME FOR VHS ANALYSISMemo
 Description: Delistings do not account for future waste management. If management restrictions must be placed on the waste, it should not be delisted. EPA must consider additional factors, other than those for which waste was originally listed. Groundwater monitoring data has limited use in a petition.
 
04/02/1987K103/K104 WASTE STREAMS - RELATIONSHIP OF CWA BAT, LAND DISPOSAL RESTRICTIONS, BDAT, AND DELISTING CRITERIAMemo
 Description: Best available technology (BAT) effluent limitations under CWA or best demonstrated available technology (BDAT) under RCRA is not the basis for delisting determinations. Delistings are based on constituents in waste regardless of the origin, and are not based on future waste management or site-specific details.
 
03/19/1987DENIAL OF DELISTING PETITION BASED ON EXISTING GROUNDWATER CONTAMINATIONMemo
 Description: In delistings, EPA uses a vertical and horizontal spread (VHS) groundwater transport model and an organic leachate model (OLM). EPA considers all toxicants and factors that may cause waste to be hazardous, but does not consider site-specific factors.
 
02/25/1987DELISTING, INTERIM STATUS, AND SAMPLING ISSUES AT U.S. NAMEPLATE COMPANYMemo
 Description: Addresses the status of a delisting petition submitted by the U.S. Nameplate Company of Mt. Vernon, Iowa.
 
02/02/1987STILL BOTTOMS FROM LISTED SOLVENT RECLAMATIONMemo
 Description: Still bottoms from F003 may be delisted pursuant to 260.20 and 260.22. If F003 is mixed with another solid waste and no longer exhibits a characteristic, it is no longer considered hazardous (SEE ALSO: current 261.3(a)(2)(iii); 66 FR 27266; 5/16/01).
 
02/01/1987APPEALING A PETITION DENIALQuestion & Answer
 Description: A generator can appeal a delisting petition denial to EPA or in the U.S. Court of Appeals for the District of Columbia Circuit (7006(a)(1)).
 
12/30/1986SAMPLING PLAN FOR DELISTING PETITION ADDRESSING HSWA REQUIREMENTS FOR ANALYZING FOR APPENDIX VIII COMPOUNDSMemo
 Description: Addresses sampling parameters in delisting petitions. If the amount of oil and grease in sludge exceeds one percent, the Oily Waste Extraction Procedure (OWEP) should be used. OWEP uses a dual solvent extraction instead of a dilute acetic acid solution which is used in the extraction procedure (EP) (SEE ALSO: 261.24).
 
12/29/1986ELECTRIC ARC FURNACE DUST AFTER ENCAPSULATION TREATMENT PROCESSMemo
 Description: Bodner Metal and Iron’s electric arc furnace dust is K061 until it is delisted. Any waste for which delisting is sought must be evaluated for the originally listed constituents of concern and any Appendix VIII constituents reasonably expected to be present, as well as hazardous waste characteristics.
 
12/18/1986SAMPLING REQUIREMENTS FOR ESTIMATING VARIABILITY OF WASTES FOR DELISTING PETITIONSMemo
 Description: Predictions of waste consistency cannot be made on the basis of a single composite sample. Delisting requirements require a minimum of four samples. The delisting evaluation must include an appraisal of the uniformity or variability of the waste.
 
12/13/1986SAMPLING PLAN FOR DELISTING PETITION FOR WASTES IN LANDFILL TRENCHESMemo
 Description: Discusses waste sampling requirements for complete delisting petitions. If a sampling is not finalized by 11/8/86, the temporary exclusion will become void.
 
12/11/1986DELISTING ISSUES RELATING TO EPA'S MOBILE INCINERATORMemo
 Description: Addresses possible revisions to a delisting decision and whether such revisions would open the petition to public notice and comment. Residues from treatment of delisted wastes are themselves delisted.
 
12/09/1986DETECTION LIMIT REQUIREMENTS AND INFORMATION ON APPENDIX VIII COMPOUNDS FOR A DELISTING PETITIONMemo
 Description: Detection limits expressed in units by weight are too rough to allow precise evaluation. Finer detection limits (i.e., parts per million) are required for delisting petitions.
 
12/01/1986LAND DISPOSAL RESTRICTIONS - TREATED WASTESQuestion & Answer
 Description: Listed hazardous wastes treated to meet the land disposal restrictions (LDR) treatment standards may be land disposed. Treated listed wastes remain hazardous until or unless they have been delisted. Treated characteristic wastes that no longer exhibit a characteristic are not hazardous wastes.
 
10/31/1986RCRA 3001(F)(2)(B) AND STATES' EXCLUSION OF WASTES FROM REGULATION AS HAZARDOUSMemo
 Description: A state is not required to have a delisting mechanism to get authorized. Temporary exclusions under section 260.22(m) became obsolete on 11/8/86. Enforcement discretion, or informal exclusions, do not remove waste from regulation. Delistings go through a formal rulemaking process.
 
10/12/1986HAZARDOUS WASTE LISTING FOR F006 WASTEMemo
 Description: The F006 listing does not cover chemical conversion coating, electroless plating, or printed circuit board manufacturing (unless the circuit board operation involves a F006-covered process, such as chemical etching). Chemical conversion coating includes chromating, phosphating, immersion plating, and coloring. The F006 listing covers sludges from anodizing and etching processes. Facilities that handle only wastes from excluded processes have never managed a hazardous waste, do not need a permit or interim status, are not subject to corrective action, and are not subject to closure. A F006 delisting petition is unnecessary for sludges from excluded processes.
 
10/01/1986DELISTING BY STATESQuestion & Answer
 Description: State requirements that are broader in scope than the federal RCRA requirements are not part of the federally approved program. EPA cannot grant delistings to state-listed waste. A state grants exclusions for waste that are not federally regulated.
 
09/30/1986SLUDGE WASTE HANDLING IF TEMP. EXCLUSION IS WITHDRAWN / FUTURE METALS RECOVERY-STEEL FACILITYMemo
 Description: Waste subject to the temporary exclusion is not subject to the manifest requirements until the exclusion is lost. Once the exclusion is lost, the waste must be handled as hazardous.
 
09/01/1986HAZARDOUS WASTES LISTED SOLELY FOR SUBPART C CHARACTERISTICSQuestion & Answer
 Description: A nonhazardous waste mixed with a waste listed solely for a characteristic is not regulated if the mixture no longer exhibits the characteristic. Such a mixture need not be delisted. A waste listed solely for a characteristic that does not exhibit the characteristic as generated is subject to delisting (SEE ALSO: 66 FR 27266; 5/16/01).
 
05/27/1986TEMPORARY AND INFORMAL DELISTINGS AND HSWA EFFECTS ON BOTHMemo
 Description: An overview of the definition and comparison of temporary and informal exclusions in delisting petitions. A discussion of the Hazardous and Solid Waste Amendments of 1984 (HSWA) final decision requirements for temporary exclusions. An informal exclusion is not subject to public comment.
 
04/24/1986DESTRUCTION OF DIOXIN CONTAMINATED SOIL USING MOBILE INCINERATIONMemo
 Description: A discussion of the use of trial or test burn information in a delisting petition. Delistings apply only to a waste at the facility covered by the exclusion, not to other facilities. The delistings apply to the waste itself and not to surrogates. Research, demonstration, and development units need a permit prior to construction.
 
04/24/1986DESTRUCTION OF DIOXIN CONTAMINATED SOIL USING MOBILE INCINERATIONMemo
 Description: An overview of the use of trial or test burn information in a delisting petition. Delistings apply only to waste at a facility covered by the exclusion, not to other facilities. Delistings apply to a waste the itself and not to surrogates. Research, demonstration, and development units need a permit prior to construction.
 
04/16/1986RCRA 3001(F)(2)(B) AND STATES' EXCLUSION OF WASTES FROM REGULATION AS HAZARDOUSMemo
 Description: An overview of the impact of HSWA on delisting petitions. A discussion of the definition of temporary and final exclusions. Temporary exclusions granted before 11/8/84 must be re-evaluated by EPA or an authorized State by 11/8/86.
 
04/01/1986DELISTING OF K051 WASTE AT PETROLEUM REFINERY - EFFECT ON INTERIM STATUSQuestion & Answer
 Description: An explanation of temporary and informal exclusions. An impoundment holding informally excluded waste was subject to 11/8/85 loss of interim status. A discussion on the effect of temporary exclusion on facility’s interim status. An explanation of the 11/8/86 expiration date for temporary exclusions.
 
03/24/1986STATE PESTICIDE PERSONNEL - DEREGULATING DECONTAMINATED WATERMemo
 Description: A single standard for chromium (total) is used in delisting petitions. The maximum concentration limit (MCL) is used in considering the potential for groundwater contamination. Ambient Water Quality Criteria is only used in the absence of a MCL or other standard.
 
03/20/1986DETERMINATION OF THE PRESENCE OF WASTEWATER TREATMENT SLUDGES AND/OR THE PRESENCE OF WASTEWATERMemo
 Description: Wastewater management generates a wastewater treatment sludge. To prove wastewater management has created a sludge, one need only show that the the unit or soil after contact with wastewater is physically or chemically different from the virgin unit or soil. Even when fully treated, industrial wastewater remains a wastewater for listings. Management of electroplating or wood preserving wastewater at any point in the wastewater treatment train creates an F006 or K001 sludge, regardless of the actual sludge contaminants or concentrations. Discussion of the delisting option.
 
03/18/1986DELISTING PETITION-STEEL FACILITY, REQUIREMENTS FOR CLOSURE PLANMemo
 Description: A discussion of the information and testing requirements for delisting petitions. An increase in conductivity in groundwater is not a sufficient reason to deny a petition.
 
03/10/1986STATUS OF FACILITY WHERE A TEMPORARY DELISTING EXCLUSION WAS NEVER GRANTEDMemo
 Description: A discussion of the notification to a facility that a temporary exclusion is no longer effective. Discusses the impact of HSWA on delisting petitions.
 
03/03/1986PROCESS WASTE DELISTED BY THE STATE DESIGNATES THE WASTE NON-HAZARDOUS WITHIN THE STATEMemo
 Description: Federally listed hazardous waste delisted by an interim authorized state is not hazardous within the state as long as it does not enter interstate commerce. The state delisted hazardous waste cannot be transported by an interstate carrier until it is federally delisted.
 
02/24/1986TEMPORARILY AND INFORMALLY DELISTED WASTES, REGULATORY STATUSMemo
 Description: Temporary delistings expire 11/8/86. Informal delistings involve a letter telling petitioner of intent to grant delisting, but never publishing a Federal Register notice. Informal delistings are not legally effective. Units handling informally delisted wastes are subject to full regulation.
 
02/14/1986EVALUATION OF DELISTING PETITIONS-INFORMATION REQUIREDMemo
 Description: A discussion of the basic information requirements for delisting petitions. A need for four representative samples (usually composites) taken to encompass the normal variations in a process system.
 
01/29/1986LABORATORY EVALUATION PROGRAMMemo
 Description: EPA has a voluntary self-auditing program designed to allow laboratories to evaluate their capability to analyze RCRA/CERCLA samples using SW-846 methods.
 
01/07/1986EXCLUSION FROM REGULATION FOR CHARACTERISTIC AND LISTED WASTES - LEACHATE LEVELS; DELISTING CRITERIA/LEACHATE LEVELSMemo
 Description: There is delisting criteria for variable constituent levels depending on waste volume. For delisting, EPA considers the original listing constituents and other factors. A mixture of solid waste (SW) and hazardous waste (HW) listed solely for a characteristic is not HW if not characteristic under the 261.3(a)(2)(iii) mixture rule exemption for wastes listed solely for exhibiting a characteristic (SEE ALSO: 268.3; 66 FR 27266; 5/16/01). The leachate test used depends on the nature of the waste. Discussion of the use of extraction procedure (EP) for Oily Waste (SUPERSEDED: See 261.24).
 
01/06/1986REGULATORY STATUS OF TEMPORARILY AND INFORMALLY DELISTED WASTESMemo
 Description: Temporary delistings expire 11/8/86. Informal delistings involve EPA telling the petitioner of their intent to grant a delisting via a letter, but never includes publishing a Federal Register notice (SUPERSEDED: see RPC# 6/17/87-01).
 
11/27/1985DELISTING PETITION, USE OF VHS MODELMemo
 Description: Discusses the use of a vertical and horizontal spread (VHS) model in delisting petitions. The use of site specific factors in evaluations or imposition of site-specific management conditions is not appropriate. The groundwater data at a facility is not part of delisting evaluation.
 
11/14/1985SPENT SULFURIC ACID PICKLE LIQUOR USED TO PRODUCE FERTILIZERMemo
 Description: Waste pickle liquor from steel finishing (K062) is a spent material. K062 used as an ingredient in a fertilizer is use constituting disposal, and is a solid waste and hazardous waste. Fertilizer product is derived from K062 and regulated under Part 266, Subpart C. If produced for the general public use, the product is exempt (SUPERSEDED: see 266.20(b)). K062 is not eligible for a delisting if it is characteristic. Petitioners have the option of withdrawing a petition rather than having EPA publish a denial in the Federal Register.
 
10/23/1985GENERATOR LIABILITY FOR DELISTED WASTE RELEASESMemo
 Description: Delisted waste is not subject to Subtitle C regulation, but the generator retains any CERCLA liability. Revocation of a delisting decision will not affect the status of previously delisted and disposed waste.
 
10/07/1985MIXTURE OF CHARACTERISTIC WASTE AND LISTED WASTE, ASH FROM INCINERATIONMemo
 Description: A delisting decision considers all constituents in the original listing and other factors and constituents not in the original listing. A delisting applies to all listed wastes, including those listed for a characteristic. A mixture of solid waste and waste listed for characteristic is not hazardous waste if the mixture is not characteristic (SEE ALSO: 268.3; 66 FR 27266; 5/16/01)).
 
10/03/1985PICKLE LIQUOR AND SCOPE OF K062 LISTINGMemo
 Description: Spent pickle liquor from any source, including hot dip galvanizing, is K062 (SUPERSEDED: SEE 51 FR 19320; 5/28/86). Hot dip galvanizing is excluded from the electroplating definition. The time for processing a delisting petition is directly dependent upon EPA receiving a complete application.
 
09/26/1985CHLORINATED DIOXIN WASTES (F023)Memo
 Description: Mixing and formulating tank wastes generated in tanks that were used in the past to manufacture chemicals derived from 2, 4, 5-trichlorophenol meet the F023 listing. If the company replaces mixing tanks, any subsequent waste generated would not be F023, or, the company could submit a delisting petition showing dioxins and furans are below levels of concern.
 
09/01/1985EP TOXICITY FOR OILY WASTESQuestion & Answer
 Description: Method 1330 “Oily Waste Extraction Procedure” should only be used when requested by EPA for delisting purposes. Method 1330 cannot be used in waste identification as a substitute for the extraction procedure (EP) (SUPERSEDED: See 261.24) when analyzing oily wastes.
 
09/01/1985NON-HAZARDOUS LIQUIDS BANQuestion & Answer
 Description: The ban on nonhazardous liquids in landfills applies to any waste that is liquid or contains free liquids as determined by the paint filter liquids test (Method 9095). Nonhazardous liquid solidified with absorbents can be land disposed if no free liquids (SUPERSEDED: See 264.314, 265.314).
 
08/01/1985“SKINNER LIST”Question & Answer
 Description: An explanation of the “Skinner List” (SUPERSEDED: See RPC# 11/1/94-02).
 
07/15/1985SUMMARY OF INFORMATION REQUIRED FOR DELISTING PETITIONMemo
 Description: Sampling frequencies and general information (raw materials, production process, constituent analyses, volumes etc.) are required to characterize new waste stream for delisting petition.
 
05/16/1985HSWA EFFECT ON STATE DELISTING DECISIONSMemo
 Description: Temporary exclusions granted prior to 11/8/84 (Hazardous and Solid Waste Amendments or HSWA) must be reevaluated by 11/8/86. A discussion of the effect of HSWA on state delisting decisions.
 
04/29/1985PURPOSE OF DELISING PROVISIONSMemo
 Description: Most wastes are listed because of toxic constituents. The presence of constituents for which a waste is listed is not the sole criterion for delisting. Hazardous waste (HW) mixed with nonhazardous waste is hazardous. Dilution of HW with nonhazardous diluent generally is not a reasonable treatment option (SEE ALSO: 268.3).
 
04/23/1985RCRA METHODS AND QA ACTIVITIES (NOTES)Memo
 Description: Delisting public meetings were held. SW-846 was updated. A discussion of the development of new methods, reevaluation of existing methods: 9022, 450.1, 8030, 8090, 8280. An overview of using gas chromatography/Fourier transform infrared protocol for semivolatile organics. Discusses the methods for compounds that do not use gas chromatograph. EPA is developing a sorbent pressure test method to determine if sorbents will release liquids under simulated landfill pressure.
 
04/17/1985WASTES FROM ALKALINE SURFACE CLEANING AND THE F006 LISTINGMemo
 Description: Electroplating operations include six process categories (SUPERSEDED: See 51 FR 43350; 12/2/86). The cleaning step before electroplating using alkaline (basic) rather than acidic cleaning solutions is considered an electroplating operation. Variations in composition of F006 sludges are expected. Even if a sludge is not characteristic, it can be regulated as F006 until it is delisted.
 
02/01/1985TIMING OF PETITIONS/TEMPORARY EXCLUSIONSQuestion & Answer
 Description: HSWA modified the delisting procedures (3001(f)), providing deadlines for EPA to publish proposed and final decisions in the Federal Register. All temporary exclusions are to expire two years after the date of enactment of HSWA, unless EPA acts on a petition.
 
01/18/1985ACCEPTABLE LEVELS OF RESIDUAL CONTAMINANTS IN THE EPA INCINERATOR RESIDUESMemo
 Description: Provides conservative concentration-based levels for 20 toxic constituents beneath which dioxin-bearing ash would not present substantial hazard to human health or the environment when managed at nonhazardous waste facilities. Discussion of necessary delisting for incinerator trial burn dioxin residues (SEE ALSO: F020-F023, F026-F028) (SEE ALSO: RPC# 4/1/85-08).
 
12/18/1984DELISTING TESTING REQUIREMENTS, CYANIDE AND OTHER WASTES, STEEL INDUSTRYMemo
 Description: The EP (extraction procedure) toxicity test is not applicable to wastes with greater than 1 percent oil and grease. Delisting petitions must test photodegradable cyanide when total (complexed) cyanide exceeds 10 ppm (SEE ALSO: current 261.24).
 
12/11/1984ELECTROPLATING SLUDGE, EXCLUSION PETITIONMemo
 Description: For delistings of an electroplating sludge, total, free (amenable to chlorination), leachable, and photodegradable cyanides must be analyzed. Total and free cyanides are analyzed using Method 9010. Leachable cyanides are analyzed using the extraction procedure (EP) toxicity test (SUPERSEDED: See 261.24). Photodegradable cyanides are analyzed using Method 9011.
 
11/13/1984F006 DELISTING PETITION INFORMATION REPORTMemo
 Description: Discussion of examples of data necessary for EPA to consider a F006 delisting petition. Required data include a description of raw material used, manufacturing process, disposal methods, personnel qualifications, sampling, and constituent analyses.
 
10/25/1984SPENT PICKLE LIQUOR SLUDGE, LIME-STABILIZED, IN IRON AND STEEL AND PORCELAIN ENAMELING INDUSTRIESMemo
 Description: The K062 listing applies to spent pickle liquor from all steel finishing industries, regardless of industry category (SUPERSEDED: see 261.32, and 51 FR 19320; 5/28/86). Promulgation of the exclusion from the derived-from rule for lime-stabilized waste pickle liquor sludge renders certain delisting petitions moot. Since the derived-from exclusion for lime-stabilized pickle liquor sludge applies only to the sludge, the supernatant retains the K062 listing.
 
10/23/1984SPENT PICKLE LIQUOR GENERATED FROM PORCELAIN ENAMEL INDUSTRY, DELISTING OFMemo
 Description: Spent pickle liquor and sludge generated from treatment are K062. A delisting petition is necessary to change the status of such hazardous waste and the status of electroplating F006-F009 wastes at the same facilities.
 
09/01/1984CRITERIA FOR EVALUATING DELISTING PETITIONSQuestion & Answer
 Description: The criteria for evaluating delisting petitions are outlined, including an F002 (1,1,1-trichloroethane) example.
 
04/23/1984RCRA METHODS AND QUALITY ASSURANCE ACTIVITIES (NOTES)Memo
 Description: The spot-check program to collect samples to verify delisting petition data is discussed. A recommendation that audit cylinders containing organic compounds be used during all source measurement programs is provided. Problems with spike recovery for metals in Method 3030 - Acid Digestion of Oils, Greases, and Waxes and pH adjustment for the extraction procedure (EP) are outlined. Materials that do not pass through 0.45 um filter are solids and must be extracted. The pH of oil and grease is discussed. It is impossible to determine the pH of non-aqueous materials. Unless specifically stated in the method, results are to be reported “as received,” and a sample is not dried before analysis.
 
04/03/1984LAND TREATMENT PERMIT APPLICATIONS - REFINERY WASTE ANALYSES GUIDANCEMemo
 Description: Appendix VIII constituents are to be used for petroleum waste delistings and land treatment unit permit applications. Discussion of the original "Skinner List" (SUPERSEDED: see RPC# 11/1/94-02).
 
02/01/1984TEMPORARY EXCLUSION FOR LEACHATE NICKEL CONCENTRATIONSQuestion & Answer
 Description: The basis for using leachable nickel concentration of 20 ppm in delisting petitions is discussed.
 
07/12/1983MIXING OF METHANOL AS NON-HAZARDOUS WASTEMemo
 Description: A mixture of solid waste and hazardous waste listed solely for exhibiting a characteristic is not a hazardous waste if the mixture no longer exhibits a characteristic (SEE ALSO: 268.3; 66 FR 27266; 5/16/01). Facilities do not need to submit a delisting petition to meet the 261.3(a)(2)(iii) mixture rule exemption.
 
07/09/1982FEDERAL DELISTING AND RCRA PERMITTING IN INTERIM AUTHORIZED STATESMemo
 Description: For a state program approved for once-listed hazardous waste that is later delisted or excluded, the waste is automatically no longer part of the authorized state program and a federal RCRA permit cannot be issued to a facility managing that waste.
 
05/25/1982EXCLUSION OF WASTE GENERATED AT INDIVIDUAL FACILITIES (DELISTING)Memo
 Description: Interim authorized states with delisting authority have the sole responsibility for delisting wastes within the state. Federal delistings do not affect the state regulation of a hazardous waste. EPA grants delistings in cases where a facility manages waste so as to bring the waste under federal jurisdiction.
 
02/01/1982DELISTED WASTE AND CERCLA REPORTINGQuestion & Answer
 Description: A state delisted waste does not escape notification under CERCLA 103. A federally delisted waste does escape 103 notification (Partially incorrect - see “Questions and Answers on Release Notification Requirements and Reportable Quantity Adjustments,” p. 23, #27. PB94-963 403).
 
06/18/1981GRAY IRON FOUNDRY WASTE DISPOSALMemo
 Description: Two waste streams that are mixed together must be evaluated separately for hazardous waste identification. Mixed characteristic wastes that lose their characteristic are not hazardous. Listed waste must be delisted by petition. Existing characteristic waste treatment permit is valid when the waste becomes listed.
 
06/09/1981MIXING RULE DEFINITIONMemo
 Description: Mixtures of listed waste and nonhazardous waste are listed until they are delisted. Mixtures of characteristic waste and nonhazardous waste are not hazardous if they are not characteristic. There is no delisting required (SEE ALSO: 268.3).
 
04/14/1981DELISTING RESIDUE FROM TREATMENT OF LISTED WASTESMemo
 Description: Treated hazardous waste remains hazardous for the same constituents and/or characteristics for which it was originally listed. To delist residues, petitions must address the constituents/characteristics for which the waste was originally listed (SEE ALSO: 260.22(d)(2)).
 
10/31/1980DELISTING OF WASTE BY AUTHORIZED STATESMemo
 Description: A state with a delisting mechanism may receive interim authorization provided that the program is substantially equivalent to the federal program. The state program may be withdrawn if its scope of regulation is no longer substantially identical to the federal program.
 
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