Delisting Hazardous Wastes—Do the RCRA Amendments Spell Relief?

October 1984
Citation:
14
ELR 10374
Issue
10
Author
R. Sarah Compton and Donald J. Patterson

Editors' Summary: The "delisting" process is a controversial and important aspect of the implementation of the Resource Conservation and Recovery Act (RCRA). When the Environmental Protection Agency (EPA) lists a waste as hazardous, it brings the substantial weight and cost of RCRA's regulatory requirements to bear on companies that must dispose of that waste. The delisting process is a safety valve through which erroneous listing decisions can be reversed. The authors review the delisting procedures and EPA's delisting practice and argue that the safety valve is not functioning. Citing the small number of petitions that EPA has acted on and the lengthy delay in one that it eventually granted, they conclude that the delisting process should be reformed. They find no solution in the recently passed RCRA Amendments, which will only increase petitioners' burden of proof and EPA's analytical task.

Ms. Compton is a partner and Mr. Patterson an associate in the firm of Collier, Shannon, Rill & Scott. They represented the Specialty Steel Industry of the United States in its successful delisting efforts.

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Delisting Hazardous Wastes—Do the RCRA Amendments Spell Relief?

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