40 C.F.R. § 260.20

General

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(a) Any person may petition the Administrator to modify or revoke any provision in parts 260 through 266, 268 and 273 of this chapter. This section sets forth general requirements which apply to all such petitions. Section 260.21 sets forth additional requirements for petitions to add a testing or analytical method to part 261, 264 or 265 of this chapter. Section 260.22 sets forth additional requirements for petitions to exclude a waste or waste-derived material at a particular facility from § 261.3 of this chapter or the lists of hazardous wastes in subpart D of part 261 of this chapter. Section 260.23 sets forth additional requirements for petitions to amend part 273 of this chapter to include additional hazardous wastes or categories of hazardous waste as universal waste.

(b) Each petition must be submitted to the Administrator by certified mail and must include:

(1) The petitioner's name and address;

(2) A statement of the petitioner's interest in the proposed action;

(3) A description of the proposed action, including (where appropriate) suggested regulatory language; and

(4) A statement of the need and justification for the proposed action, including any supporting tests, studies, or other information.

(c) The Administrator will make a tentative decision to grant or deny a petition and will publish notice of such tentative decision, either in the form of an advanced notice of proposed rulemaking, a proposed rule, or a tentative determination to deny the petition, in the Federal Register for written public comment.

(d) Upon the written request of any interested person, the Administrator may, at his discretion, hold an informal public hearing to consider oral comments on the tentative decision. A person requesting a hearing must state the issues to be raised and explain why written comments would not suffice to communicate the person's views. The Administrator may in any case decide on his own motion to hold an informal public hearing.

(e) After evaluating all public comments the Administrator will make a final decision by publishing in the Federal Register a regulatory amendment or a denial of the petition.

[45 FR 33073, May 19, 1980, as amended at 51 FR 40636, Nov. 7, 1986; 57 FR 38564, Aug. 25, 1992; 60 FR 25540, May 11, 1995]

Notes of Decisions

Cited in 12 cases (2 in the last 5 years), 1989–2023 · leading case: Shell Oil Co. v. Env't Prot. Agency, 950 F.2d 741 (D.C. Cir. 1992).

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Shell Oil Co. v. Env't Prot. Agency, 950 F.2d 741 (D.C. Cir. 1992). “33,076-77 ( 40 C.F.R. §§ 260.20 , 260.22); 43 Fed.Reg.”

Pub. Employees for Env't Responsibility v. EPA, 77 F.4th 899 (D.C. Cir. 2023). · cites it 7× “” 40 C.F.R. § 260.20 (c). Then, “[a]fter evaluating all public comments the [agency] will make a final decision by publishing in the Federal Register a regulatory amendment or a denial of the petition.”

United States v. Bethlehem Steel Corp., 38 F.3d 862 (7th Cir. 1995). “” See 40 C.F.R. §§ 260.20 , 260.22; Chemical Waste Management, Inc.”

Vidrine v. United States, 846 F. Supp. 2d 550 (W.D. La. 2011). “, a mixture of a listed hazardous waste and other material is a hazardous waste unless delisted under provisions of 40 CFR 260.20). In response to comment that EPA clarify the available means of rebutting this presumption, the final rule states that the presumption can be…”

United States v. Conservation Chem. Co. of Illinois, 733 F. Supp. 1215 (N.D. Ind. 1989). “Under 40 C.F.R. §§ 260.20 and 260.22, the party seeking to have any particular material “delisted”—i.”

United States v. Bethlehem Steel Corp., 829 F. Supp. 1023 (N.D. Ind. 1993). “§ 6921 (f), and 40 C.F.R. §§ 260.20 , 260.22. 32. RCRA and its implementing regulations provide for government regulation of hazardous waste management facilities primarily through a permitting process.”

Chem. Waste Mgmt., Inc. v. United States Env't Prot. Agency, 976 F.2d 2 (D.C. Cir. 1992). “; 45 Fed.Reg. at 33,105-07. A listed waste loses its hazardous status only after a petition for its “delisting” is approved by the EPA in a notice-and-comment rulemaking.”

Am. Mining Cong. v. United States Env't Prot. Agency, 907 F.2d 1179 (D.C. Cir. 1990). “EPA will publish a subsequent Federal Register notice on the results of its more detailed evaluation of these six wastes pursuant to 40 CFR 260.20. That evaluation will consider new data received in a timely manner as well as the currently available data.”

Chem. Waste Mgmt., Inc. v. U.S. Env't Prot. Agency, 869 F.2d 1526 (D.C. Cir. 1989). “See 40 C.F.R. §§ 260.20 , 260.22. See also McLouth, 838 F.”

Horsehead Resource Dev. Co. v. Env't Prot. Agency, 130 F.3d 1090 (D.C. Cir. 1997). “40 C.F.R. § 260.20 (e) (1997) (emphasis added).”

Am. Mining Cong. v. United States Env't Prot. Agency, the Aluminum Ass'n v. United States Env't Prot. Agency, Horsehead Resource Dev. Co., Inc., & Zinc Corp. of Am. v. United States Env't Prot. Agency, the Ferroalloys Ass'n v. United States Env't Prot. Agency, Phelps Dodge Corp. v. United States Env't Prot. Agency, Asarco Inc. v. United States Env't Prot. Agency, 907 F.2d 1179 (D.C. Cir. 1990). “EPA will publish a subsequent Federal Register notice on the results of its more detailed evaluation of these six wastes pursuant to 40 CFR 260.20. That evaluation will consider new data received in a timely manner as well as the currently available data.”

Ctr. for Biological Diversity v. U.S. Env't Prot. Agency (D.D.C. 2022). “If CBD executes this Consent Decree by April 20, 2022, then, no later than January 20, 2023, pursuant to 40 C.F.R. § 260.20 (c), EPA shall sign a tentative decision on Plaintiff’s petition to classify discarded PVC as hazardous waste under RCRA.”

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