Hazardous Waste Management System; Identification and Listing of Hazardous Waste; Final Rule

The Environmental Protection Agency (EPA) is granting a petition submitted by WRB Refining in Borger, Texas to exclude (or "delist") 7,000 cubic yards of F037 (petroleum refinery sludge) solids to be removed from their stormwater storage tanks for a one-time delisting. This determination is based on information the petitioner provided to the Agency, completion of sampling, and risk assessment using the Delisting Risk Assessment Software (DRAS) to determine whether the waste poses a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of, or otherwise managed. This final rule responds to a petition submitted by WRB Refinery to exclude stormwater solids from the definition of a hazardous waste. If not delisted, the stormwater solids are listed as F037 (primary oil/water/solids separation sludge). After careful analysis of the petition and evaluation of comments submitted by the public, the EPA has concluded that the petitioned waste is not hazardous waste when disposed of in Subtitle D landfills. This exclusion applies to the stormwater solids generated at WRB Refinery Borger, Texas facility. Accordingly, this final rule excludes the petitioned waste from the requirements of hazardous waste regulations under the Resource Conservation and Recovery Act (RCRA) when disposed of in a Subtitle D landfill but imposes testing conditions to ensure that the future-generated waste remain qualified for delisting.