Frequent Questions

Who administers delisting petitions submitted pursuant to 40 CFR 260.22?

On October 10, 1995, the EPA Administrator formally delegated delisting authority to the Regional Administrators. However, some states (approximately one-third) are authorized to administer a delisting program in lieu of the federal program without any federal review (61FR 2798; June 25, 1996). EPA recommends that petitioners contact relevant state and EPA Regional offices to determine where the petition should be submitted. Even when EPA grants a delisting, states may impose their own non-RCRA regulatory requirements that are more stringent than EPA's. Therefore, petitioners should always contact the state regulatory authority to establish the status of their wastes under state law.

A delisting issued by an authorized state is only in effect within that state; if the waste is transported to another state, a delisting granted by the authorized state does not exempt the waste from regulation as hazardous. Therefore, if the petitioner wishes to also transport its waste to another state and manage it as nonhazardous there, an additional delisting from EPA (or the destination state if it is authorized for delisting) is required.

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