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Petitions to the Office of Land and Emergency Management

This page makes available petitions for rulemaking received by the Office of Land and Emergency Management (formerly named "Office of Solid Waste and Emergency Response") on or after January 1, 2013. For the purposes of this page, the agency has posted incoming communications styled as "petitions" for generally applicable, national rulemakings. Petitions provided as comments in a publicly available rulemaking docket are not reproduced here. Additional petitions will be added on an ongoing basis as they are received or identified; petitions on this page were last updated on April 22, 2020.

The presence of a petition on this page does not indicate an EPA decision to grant or deny the petition. Any regulatory action that follows as a result of a petition for rulemaking would still be shaped by the typical outreach used by the agency to gather stakeholder input, and is still subject to any applicable notice and comment requirements. Petitions for rulemaking from other offices.

 
Date Received Petitioners Related Statutes Description
April 1, 2013

National Wildlife Federation, Sierra Club and Vermont Law School; Environmental and Natural Resources Law Clinic

Administrative Procedure Act, Oil Pollution Act, Clean Water Act, Pipeline Safety Act

More stringent regulations for transporting diluted bitumen, also known as “tar sands crude oil,” than those already existing for transportation of conventional crude oil; detailed industry reporting and the specific composition of diluted bitumen; spill response plans and training; independent review and public comment of facility spill response plans; increased inspections, and rigorous pre-operation review of written integrity management programs. Read the petition.
April 3, 2013

Treated Wood Council

RCRA

Treated Wood Council is petitioning EPA to make a finding that non-hazardous secondary treated wood biomass is, as a class, not a waste. Treated Wood Council asks that this material be added to the materials identified in 40 CFR § 241.4 (a) as a material that is not a solid waste when used as a fuel in a combustion unit. Read the petition.

April 23, 2013 US Defense Logistics Agency, Department of Defense TSCA

The US Department of Defense generates polychlorinated biphenyls (PCBs) at their bases in other countries. DOD’s Defense Logistics Agency (DLA) arranges to ship the PCBs to the United States for proper disposal. To import the PCBs into the United States, the DLA needs an exemption from the TSCA PCB import restrictions. DLA is specifically requesting an exemption to allow DLA to import foreign-manufactured PCBs that the DOD currently owns in Japan for proper disposal in the United States. Read the petition.

November 12, 2013 An Association of Responsible Recyclers; Inc. (NORA) RCRA

NORA is seeking a determination that off-specification used oil fuel does not constitute a waste when combusted in specific categories of combustion units. Read the petition.

June 2, 2014 The Citizens’ Coalition to Ban Toxic Dispersants (and joined by others) Clean Water Act, 33 U.S.C. § 1321(d)(2)(G) and the Administrative Procedures Act Title 5. Sec. 553(e)

Petitioner supplemented the requests in their original petition, based on new evidence and scientific information, as well as the U.S. Department of Transportation’s recent emergency regulations for handling crude oil by rail. Petitioner undertook a comprehensive rewrite of Subparts A, B, C, D, and J (related to use of dispersants and other chemical agents) and noted where revisions are needed in other subparts and in the appendices. Read the petition.

July 29, 2014 Center for Biological Diversity Section 7004 of RCRA and Section 21 of TSCA Petitioner requests EPA to promulgate regulations governing safe treatment, storage and disposal of polyvinyl chloride (“PVC”), vinyl chloride, and associated chemical additives, commonly known as Phthalate plasticizers. Read the petition.
May 10, 2016 Anthony G. Patchett, on behalf of SAN PEDRO PENINSULA HOMEOWNERS UNITED, INC. TONGV A ANCESTRAL TERRITORIAL TRIBAL NATION Clean Air Act (CAA) The Petition calls for “EPA to re-examine the risks associated with the Plains/Rancho LPG facility (located at 2110 N. Gaffey Street - San Pedro/Wilmington, CA) and to require Plains All American Pipeline (Rancho LPG LLC) to resubmit Rancho LPG LLC's (severely minimized) worst case blast radius reporting to the EPA (under rule 40 CFR part 68.25) using the proper "TNT" equivalency calculation for all flammables.” Read the petition.
June 8, 2016 Earthjustice (and joined by 9 others) Resource Conservation and Recovery (RCRA) Earthjustice et al submitted a petition for rulemaking to promulgate regulations governing the safe disposal of coal combustion residuals (CCR) in municipal solid waste landfills. Specifically, Earthjustice requests that EPA amend the federal minimum criteria under 40 CFR part 258 to ensure that the disposal of CCR in municipal solid waste landfills does not pose an unreasonable probability of adverse effects on human health and the environment. Read the petition.
March 15, 2017 NSK/ASK Precision Ball Company 40 CFR 261.4(b)(6)(ii) The petition requests a rulemaking to Amend 40 CFR 261.4(b)(6)(ii) to exclude certain trivalent chromium bearing waste. Specifically, the petitioner believes this waste should be classified as non-hazardous and that the language in the petition needs clarification on how to make that determination. Read the petition.
May 12, 2017 Utility Solid Waste Activities Group Resource Conservation and Recovery (RCRA) The Utility Solid Waste Activities Group’s (“USWAG”) petitions the Agency for reconsideration of EPA’s final rule titled Rulemaking to Reconsider Provisions of the Coal Combustion Residuals Rule (“CCR Rule”), 80 FR 21302 (April 17, 2015), and requests EPA to seek to hold in abeyance the challenge to the Coal Combustion Residuals Rule, No. 15-1219, et al. (D.C. Cir.) (Description continued.) Read the petition and cover letter.
May 31, 2017 AES Puerto Rico LP (AES-PR) Resource Conservation and Recovery (RCRA) AES-PR’s petition for rulemaking requests reconsideration of how the Coal Combustion Residuals (CCR) rule (40 CFR part 257, subpart D) regulates the storage of CCR at a facility (on-site) as a “CCR pile” before the CCR is delivered to a third party for beneficial use or disposal (off-site). (Description continued.)  Read the petition.
February 28, 2017 RMP Coalition (consisting of American Chemistry Council, American Forest & Paper Association, American Fuel & Petrochemical Manufacturers, American Petroleum Institute, U.S. Chamber of Commerce, National Association of Manufacturers, and Utility Air Regulatory Group) Clean Air Act, Section 112(r)(7) The Petition requests that EPA reconsider and rescind EPA’s final rule, Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act, Section 112(r)(7) (“RMP Amendments Rule”), 82 FR 4594 (January 13, 2017) and stay the effective date of the final rule. Read the Petition.
March 13, 2017 Chemical Safety Advocacy Group (representing a coalition of companies in refining, oil and gas, chemicals and general manufacturing sector subject to the RMP rule) Clean Air Act, Section 112(r)(7) The Petition requests that EPA reconsider EPA’s final rule, Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act, Section 112(r)(7) (“RMP Amendments Rule”), 82 FR 4594 (January 13, 2017) and stay the effective date of the final rule. Read the petition and supplemental information.
March 14, 2017 States of Louisiana, Arizona, Arkansas, Florida, Kansas, Texas, Oklahoma, South Carolina, Wisconsin, West Virginia, and the Commonwealth of Kentucky Clean Air Act, Section 112(r)(7) The Petition requests that EPA reconsider EPA’s final rule, Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act, Section 112(r)(7) (“RMP Amendments Rule”), 82 FR 4594 (January 13, 2017), stay the effective date of the final rule and toll compliance dates until 18 months from March 21, 2017. Read the Petition.
December 7, 2018 Association of American Railroads, Treated Wood Council, American Wood Council, American Forest and Paper Association, American Short Line and Regional Railroad Association RCRA The petitioner request to amend the categorical non-waste fuels classification criteria for creosote treated railroad ties and other treated railroads ties, and the definition of paper recycling residuals. Read the Petition.
April 1, 2019 Portland Cement Association RCRA The petitioner requests the following fuels to be considered a categorical non-hazardous secondary materials (NHSM) when used as a fuel in a cement kiln combustion unit: paper cardboard, pre-consumer plastics, postconsumer plastics, and fabric and filter materials. Read the Petition.
February 18, 2020 16 US states, Philadelphia, and DC Clean Air Act Section 112(r) The petitioners request reconsideration of Final Rule Entitled “Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act,” 84 Fed. Reg. 69,834 (Dec. 19, 2019), EPA-HQ-OEM-20150725. Read the petition.
February 18, 2020 Earthjustice and associated community organizations Clean Air Act Section 112(r) The petitioners requests reconsideration of Final Rule Entitled “Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act,” 84 Fed. Reg. 69,834 (Dec. 19, 2019), EPA-HQ-OEM-20150725. Read the petition.
February 18, 2020 United Steel, Etc., International Union (“United Steelworkers”) Clean Air Act Section 112(r) The petitioners request reconsideration and stay of Final Rule Entitled “Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act,” 84 Fed. Reg. 69,834 (Dec. 19, 2019), EPA-HQ-OEM-20150725. Read the petition.
January 21, 2020 University of California, Berkeley School of Law Resource Conservation and Recovery Act The petitioners request that EPA promulgate regulations designating wastes containing PFOA (perfluorooctanoic acid), PFOS (perfluorooctane sulfonic acid), GenX chemicals, and any combination of these, as hazardous waste subject to the management and disposal requirements of Subtitle C of RCRA. Petitioners also request that the RCRA hazardous waste designations for PFOA and PFOS wastes extend to cover the full chemical subclass of each—long-chain perfluoroalkyl carboxylates (LCPFACs) and long-chain perfluoroalkane sulfonates (LCPFASs), respectively. Read the petition.
October 3, 2019 Public Employees for Environmental Responsibility Resource Conservation and Recovery Act The petitioner requests the issuance of a rule to list waste containing per-and polyfluoroalkyl substances (PFAS) as a hazardous waste under Subpart C of the Resource Conservation and Recovery Act (RCRA). Read the petition.

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