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. ------- |