Un rted States Office of Solid Waste
Environmental Protection and Emergency Response EPA/530-SW-89-052
Agency Washington DC 20460 June 1989
Office of Solid Waste
SEPA Environmental
Fact Sheet
DELISTING REGULATION
AMENDMENT
BACKGROUND
On May 20, 1988, the Environmental Protection Agency (EPA)
proposed to modify 40 CFR Section 260.22(b) to clarify the potential
ambiguity created by the Agency's inadvertent failure to alter that
regulation when modifying other portions of Section 260.22 to ensure
that the delisting program is consistent with the Hazardous and Solid
Waste Amendments of 1984 (HSWA).
As currently worded, the section can be read to imply that a petitioner
requesting exclusion of a waste need only sample and analyze the listed
constituents of concern for hazardous wastes in a waste mixture.
Making delisting decisions for mixed waste streams without
considering the constituents in co-mingled solid and listed wastes
would riot fully protect human health and the environment. Further, it
would riot satisfy the statutory mandate of HSWA to consider
additional factors, including constituents other than those for which
the waste was listed.
ACTION
In the May 20, 1988 notice, EPA proposed that existing language in
Section 260.22(b) be deleted and that additional language be added to
clarify that additional factors (including additional constituents) in a
mixture of solid and hazardous waste may be considered in the
delisting evaluation. This rulemaking addresses public comments
received on the May 20 proposal and finalizes the proposed rule.
CONTACT
For further information or to order a copy of the Federal Register
notice, contact the RCRA Hotline Monday through Friday 8:30 a.m. to
7:30 p.m. EST. The national toll-free number is (800) 424-9346; or in
Washington, D.C., the number is (202) 382-3000.
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