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

The Environmental Protection Agency (EPA) is granting a petition submitted by ExxonMobil Refining and Supply Company--Beaumont Refinery (Beaumont Refinery) to exclude from hazardous waste control (or delist) a certain solid waste. This final rule responds to the petition submitted by Beaumont Refinery to delist to have centrifuge solids generated from treatment of Tank Bottoms from its Lower Park Tank Farm excluded, or delisted, from the definition of a hazardous waste. The centrifuge solids are derived from the management and treatment of several F- and K-waste codes. These waste codes are F037, F038, K048, K049, K051, K052, K169, and K170. After careful analysis and evaluation of comments submitted by the public, the EPA has concluded that the petitioned wastes are not hazardous waste when disposed of in Subtitle D landfills. This exclusion applies to the centrifuge solids generated at Beaumont Refinery's Beaumont, 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 Subtitle D landfills but imposes testing conditions to ensure that the future-generated wastes remain qualified for delisting.