Release of a RCRA-delisted hazardous waste
If a company has had its petition to delist a specific Resource Conservation and Recovery Act (RCRA) hazardous waste granted by an EPA-approved State RCRA program, and that company releases this waste in excess of its Reportable Quantity (RQ), is it required to notify the National Response Center (NRC)?
Under RCRA regulations, a person may petition to exclude a waste at a particular generating facility from the list of hazardous wastes. The petitioner must demonstrate that the waste produced by that facility does not meet any of the criteria under which the waste type was listed or characterized as hazardous. If granted, the exclusion applies only to the waste generated at the individual facility covered by the petitioner's demonstration. If the waste "has been shown not to contain constituents or exhibit characteristics that are considered hazardous under RCRA," and does not contain any other listed CERCLA hazardous substance, the exempted waste is not subject to CERCLA notification requirements.