United States Solid Waste and EPA530-F-01-013
Environmental Protection Emergency Response July 2001
Agency (5305W) www.epa.gov/osw
Office of Solid Waste
&EPA Environmental
Fact Sheet
Opportunity for Comment on Regulatory
Status of Spent Catalyst Wastes
The Environmental Protection Agency (EPA) is providing the public an
opportunity to comment on Agency memoranda explaining how current RCRA
regulations apply to spent catalyst wastes removed from dual purpose
hydroprocessing reactors at petroleum refineries. The regulations addressed in
these memoranda were promulgated under the Resource Conservation and
Recovery Act (RCRA) on August 6, 1998 (63 FR 42110) and among other things,
listed spent hydrotreating catalysts (K171) and spent hydrorefining catalysts
(K172) as hazardous wastes.
Background
On August 6,1998, EPA listed as hazardous wastes spent hydrotreating catalysts
(K171) and spent hydrorefining catalysts (K172) generated by petroleum refineries
(63 FR 42110). EPA took no action with regard to a third type of spent catalysts
generated by petroleum refineries, spent hydrocracking catalysts.
After publication of the final rule, EPA received inquiries regarding the scope of
the final listing descriptions and the regulatory status of spent catalysts removed
from petroleum hydroprocessing reactors that perform both hydrotreating and
hydrocracking functions (i.e., spent catalysts from dual purpose reactors). Such
dual purpose reactors perform functions meeting both the definitions of
"hydrotreating" and "hydrocracking" provided in DOE's Petroleum Supply Annual
(PSA) and presented in the preamble to the August 6, 1998 listing determination.
The Agency distributed two memoranda explaining the regulatory status of
spent catalysts from dual purpose petroleum hydroprocessing operations. The
memoranda are dated November 29, 1999 and June 1, 2000 and explain that spent
catalysts removed from dual purpose reactors, or hydroprocessing reactors that
perform hydrotreatment or hydrorefining functions while simultaneously
hydrocracking petroleum feedstock, meet the listing description of K171 or K172
and must be managed as listed hazardous wastes.
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In February 2000, API filed a lawsuit in the D.C. Circuit challenging the validity
of the November 29, 1999 memorandum. API v. EPA, Docket No. 00-1069. In June
2001, API and EPA entered into an agreement settling the second lawsuit. Under
the terms of the settlement agreement EPA agreed to publish an announcement
offering the opportunity for public comment on the regulatory interpretation
contained in the memoranda.
Action
EPA is providing notice of the public's opportunity to comment on the
memoranda issued by the Agency on November 29, 1999 and June 1, 2001 and
explaining the regulatory status of spent catalysts removed from petroleum refinery
dual purpose hydroprocessing reactors. Comments on the regulatory interpretation
provided in the memoranda will be accepted for 60 days following the publication of
the notice in the Federal Register.
EPA will evaluate comments received and publish a response to comments in the
Federal Register announcing its intention either to reaffirm (and possibly clarify)
the memoranda, or to take a different approach, based on the comments received.
EPA will continue to apply the approach set forth in the memoranda during the
pendency of this proceeding.
For More Information
The Federal Register notice, this fact sheet, and related documents are available
on the Internet at http://www.epa.gov/epaoswer/hazwaste/id/petroleum/
catalyst.htm. For additional information, or to order paper copies of any documents,
call the RCRA Call Center. Callers within the Washington Metropolitan Area please
dial 703-412-9810 or TDD 703-412-3323 (hearing impaired). Long-distance caUers
please caU 1-800-424-9346 or TDD 1-800-553-7672. The RCRA Call Center operates
weekdays, 9:00 a.m. to 5:00 p.m. Address written requests to: RCRA-
Docket@epa.gov or RCRA Information Center (5305W), 1200 Pennsylvania Avenue,
NW, Washington, DC 20460-0001.
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