April 9, 2015

Could Corrosive Solids Be Regulated as Hazardous Waste?

As a result of a March 13, 2015 court order, EPA has committed to respond to a petition seeking revisions to the corrosivity characteristic in §261.22(a)(1). [In re: Cate Jenkins et al.; U.S. Court of Appeals, D.C. Circuit; Docket No. 14-1173] In its 2011 petition, Public Employees for Environmental Responsibility (PEER) asked EPA to reduce the upper pH threshold from 12.5 to 11.5 and to eliminate the requirement for the waste to be aqueous in order to carry the D002 waste code.

The agency will respond to PEER’s petition in the Federal Register by March 31, 2016, using one of three approaches: 1) an advance notice of proposed rulemaking, 2) a proposed rule, or 3) a tentative determination to deny the petition.

The court order referenced above is one step in a lengthy legal process that could affect the corrosivity characteristic regulations in all 50 states. Currently, at least three states, California, New Hampshire, and Washington, regulate corrosive wastes that are not aqueous, and the upper pH threshold for aqueous wastes in all 50 states is 12.5.

McCoy and Associates has provided in-depth information to assist environmental professionals with complex compliance issues since 1982. Our seminars and publications are widely trusted by environmental professionals for their consistent quality, clarity, and comprehensiveness.

Disclaimer

Considerable care has been exercised in preparing this document; however, McCoy and Associates, Inc. makes no representation, warranty, or guarantee in connection with the publication of this information. McCoy and Associates, Inc. expressly disclaims any liability or responsibility for loss or damage resulting from its use or for the violation of any federal, state, or municipal law or regulation with which this information may conflict. McCoy and Associates, Inc. does not undertake any duty to ensure the continued accuracy of this information.

This document addresses issues of a general nature related to the federal environmental regulations. Persons evaluating specific circumstances dealing with the environmental regulations should review state and local laws and regulations, which may be more stringent than federal requirements. In addition, the assistance of a qualified professional should be enlisted to address any site-specific circumstances.