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Hazardous Waste Delisting in Region 5

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What is a hazardous waste delisting?

A hazardous waste delisting is a rulemaking procedure to amend the list of hazardous wastes to exclude a waste produced at a particular facility. The regulations for a delisting are defined in 40 CFR § 260.22.

There are two general types of hazardous waste; characteristic and listed. Characteristic hazardous wastes are designated hazardous because they exhibit dangerous properties such as corrosivity, ignitability, reactivity, or toxicity. Characteristic hazardous wastes cannot be delisted because of these dangerous properties. Characteristic hazardous wastes are defined in Subpart C of 40 CFR Part 261.

Listed hazardous wastes are designated hazardous because the processes that generate them have typically produced wastes with dangerous properties like those mentioned above for characteristic wastes. Listed wastes are presumed to possess dangerous properties because of historical knowledge of the waste-generating-process. The regulations provide a petition procedure to exclude or "delist" a particular facility's waste from the list of hazardous wastes if the waste does not possess the dangerous properties. Listed hazardous wastes are defined in Subpart D of 40 CFR Part 261.

How do I get a delisting for my waste?

First you must determine to whom you must petition. EPA has delegated several of our states in Region 5 the authority to delist hazardous waste generated and disposed of within the state. To date, Illinois, Indiana, and Minnesota have such authorization. Michigan has a partial authorization to delist hazardous waste that is treated, stored, or disposed of as part of closure or partial closure of a treatment, storage, or disposal facility or if the waste is contaminated soil deemed hazardous due to its mixture with a hazardous waste.

If your generating facility is in Illinois, Indiana, Michigan, or Minnesota, please contact the States directly:

Illinois

Illinois Environmental Protection Agency
Mark Crites, (217) 524-3269 or mark.crites@illinois.gov
1021 North Grand Avenue East
P.O. Box 19276
Mail Code 33
Springfield, IL 62794-9276

Indiana

Indiana Department of Environmental Management
Craig Barker (317) 233-1048 and Dave Berrey (317) 308-3341
100 North Senate
Mail Code 66-20 IGCN 1101
Indianapolis, IN 46204-2251

Michigan

Michigan Department of Natural Resources and Environment
Dan P. Dailey, P. E. (517) 335-6610
P.O. Box 30241
Lansing, MI 48909-7741

Minnesota

Minnesota Pollution Control Agency, (651) 296-2412
520 Lafayette Road
St. Paul, MN 55155

For all other potential delistings in Region 5, please contact:

U.S. EPA RCRA Programs Branch

Todd Ramaly (312) 353-9317 or ramaly.todd@epa.gov or
Christopher Lambesis (312) 886-3583 or lambesis.christopher@epa.gov

77 West Jackson Blvd.
Mail Code LR-8J
Chicago, Illinois 60604

For U.S. EPA delistings, we recommend the following process:

  1. Contact EPA and initiate an informal discussion describing the process generating the waste and any information available about the annual volume generated, potential contaminants, existing analytical data, and any known waste variability (for example, seasonal changes or periodic tank clean-outs that may change the nature of the waste).
  2. Our current Quality Management Protocol requires that sampling data used to justify a delisting action be appropriate and useable for the decision. To ensure the collection of quality data, we ask that you include a Quality Assurance Project Plan (QAPP). The QAPP must contain the elements described in the 2002 "Guidance for Quality Assurance Project Plans, EPA QA/G-5" which is available at the following website: http://www.epa.gov/quality/qs-docs/g5-final.pdf (111pp, 401K). We recommend you combine your proposed sampling strategy and justification for the approach with the QAPP as one document, although it is not a requirement to combine the two.
  3. Initiate sampling after gaining EPA approval for your QAPP. We may request a site visit at this time to review the waste generating process and observe the sampling activities.
  4. Submit the petition with all of the information required in 40 CFR §§ 260.20 and 260.22, including the analytical data collected following your approved QAPP.
  5. EPA will review the petition and conduct a risk assessment based on potential mismanagement of the waste in a Subtitle D landfill or surface impoundment. The risk assessment is based on the requirement for EPA to evaluate other factors (including additional constituents) other than those for which it was listed that could cause the waste to remain hazardous. The risk assessment considers the criterion for listing a waste as hazardous, 40 CFR § 261.11(a)(3) factors (a)(3)(i) through (a)(3)(xi). U.S. EPA has developed a software tool, the Delisting Risk Assessment Software (DRAS), to assist in the risk assessment. U.S. EPA recommends that potential petitioners download DRAS and use it to prescreen their wastes. They can also use DRAS to identify other wastes which could be delisted or ways in which the process generating the wastes could be changed in order to yield a waste that could be delisted (such as substituting less toxic process chemicals for more toxic chemicals to lower concentrations in the waste to levels which pose less risk).
  6. If approvable, U.S. EPA will prepare a proposed rulemaking for publication in the Federal Register and electronically on http://www.regulations.gov Exit EPA Disclaimer. All supporting documents will need to be scanned so they are available electronically. Submitting electronic copies of petition documents will help this process.
  7. The proposed rulemaking will include a public comment period (usually 45-days). After the comment period, U.S. EPA must evaluate and respond to all significant comments.
  8. If still approvable, the delisting will be finalized in a rulemaking and published in the Federal Register and online at http://www.regulations.gov Exit EPA Disclaimer. The exclusion will be conditioned upon disposal in the manner in which it was evaluated, such as in a subtitle D landfill or surface impoundment. The delisting will be limited to a particular annual waste volume and may include periodic verification sampling and analysis for hazardous constituents.

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