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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