3EPA
              United State*
              Environmental Protection
              Agency
          Off ice of
          Solid Waste and
          Emergency Response
DIRECTIVE NUMBER:  9433.01(83)

TITLE: Withdrawal of a Facility's Delisting Petition

                  «

APPROVAL DATE:  11-14-83

EFFECTIVE DATE:  11-14-33

ORIGINATING OFFICE: osw

0 FINAL

D DRAFT

 LEVEL OF DRAFT

   DA — Signed by AA or DAA
   D B — Signed by Office Director
   D C — Review & Comment

REFERENCE (other documents):
  OSWER     OSWER     OSWER
VE   DIRECTIVE   DIRECTIVE   Di

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PART 260  SUBPART C - RULEMAKING PETITIONS
DOC:  9433.01(83)
Key Words:    Delisting

Regulations:  40 CFR Parts 261-265

Subject:      Withdrawal of a Facility's Delisting Petition

Addressee:    C.S. Majewski, Plant Engineer, Genrad Inc., Component Test
              Division, 37 Great Road, Route 117 Bolton, Massachusetts

Originator:   Kathy Margolis , Environmental Protection Specialist, Waste
              Identification Branch

Source Doc:   #9433.01(83)

Date:         11-14-83

Summary:

     If a facility wishes to withdraw its delisting petition as a more cost-
effective option, a letter must be sent to EPA retracting the exclusion petition.
This letter must state that the waste petitioned for delisting will still be
considered hazardous and will be managed as such pursuant to Parts 261-65.
The State and Regional EPA Office will provide guidance to assist in fulfill-
ment of permitting and disposal requirements under the appropriate regulations.
If the material is removed from the site, as previously discussed, it must be
managed as a hazardous waste in an approved Subtitle C facility.  If the material
is removed and further treated, the treatment residue will still be considered
a hazardous waste.

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                              * v • v I — \: — \ t  O'-t'**"*T'*~:.~\l » '•» — >;— \/
                              /1 i. • i i. i i A L ...'-/: ~ v» :  —. t .-. \j i, i '^. :
                                         RE :   WIBKM0120  :? = ,:= ;.=
Mr. C.5.  Majaws-U
Plant Engineer
G e P. ?. a d ,  Inc.
C o ~ p •;P. •? :• •:  T o s :  Division
37 •;: * =. t  ?. o:'. c ,  =0^:2 117
E o 1 :•::-.,  M ?. s s 2 •; > u .5 e : : s  0
Dear Mr.  M a j e ws ki:

     This  leccer is in  response  Co our phone  conversation of
November  10,  1933 regarding  the  possibilicy of  withdrawing
your facility's  delisting  petition as a more  cost-effective
option  at  this time.  If you  prefer this option,  you will
need to send  a letter to us  rat-acting your ex.elusion
oatition  that  states that  the  waste oetitioned
                  e 1 i s •: i n g
will still  be  considered  hazardous and vill  be  managed as
such.  Tharafora,  the Agency  will  still Consider  your -..-.33:3
      i 'A,
                                        ^ i
     '?.  ?arts  251-265 o:
he 3 t a : -3  a r. d  ?. e g i o P. a 1 I ? A
i s t you  in  fulfilling all
   tazardous  waste controlled  und3 r 40
t h e hazardous  waste regulations.   T h e
Office will  provide guidance  to  2s
permitting  and  disposal  requirements under  the  hazardous waste
management  regulations.   If  the  material  is  removed from the
site, as  previously discussed,  it must be' managed  as a hazardous
waste in  an  approved Subtitle  C  facility.   If  the  material  is
removed and  further treated,  the  treatment  residue will still
b 2 considered  a hazardous  waste.
     It- you .ha,ve. anv..further.questions^ regarding  withdrawal of	
 your petition '.'.or It 'y'oju .b£ye .Xriy. "^4^^ 9*?estrions -regarding -------
   • • .--.--  _. ..  - - . - - .•--...-• -. ^-.-, ...-_-,-_-_-_*. .j,, nDt-Hesl-tate -tfc
                                                           call  r
 me  on .3.82-447.0.

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