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

The Environmental Protection Agency (we or EPA) is granting a petition submitted by BWX Technologies, Inc. (formerly Babcock & Wilcox), to exclude from hazardous waste control (or delist) a certain solid waste. This action responds to the petition originally submitted by BWX Technologies, Inc. to delist a wastewater treatment sludge in the form of a filter cake on a ``generator specific'' basis from the lists of hazardous waste. After careful analysis, we have concluded that the petitioned waste is not hazardous waste when disposed of in a Subtitle D landfill which is permitted, licensed, or registered by a State to manage municipal or industrial solid waste, a permitted Subtitle C landfill or a Subtitle C landfill which is operating under interim status. This exclusion applies to filter cake generated at BWX Technologies, Inc.'s Lynchburg, Virginia facility. Accordingly, this final rule excludes the petitioned waste from the requirements of the hazardous waste regulations under the Resource Conservation and Recovery Act (RCRA) when disposed of in a Subtitle D landfill which is permitted, licensed, or registered by a State to manage municipal or industrial solid waste, a permitted Subtitle C landfill or a Subtitle C landfill which is operating under interim status, but imposes testing conditions to ensure that the future-generated wastes remain qualified for delisting.