EPA Takes No Action on RCRA Corrosives Challenge

Posted on 4/11/2016 by Roger Marks

A few years ago, the Public Employees for Environmental Responsibility (PEER) challenged US EPA to tighten its standard for identifying corrosive materials under the Resource Conservation and Recovery Act (RCRA) hazardous waste rules. One year ago, a motion was reached that required US EPA to review its RCRA standard for corrosive hazardous wastes and decide if a change was needed.

PEER’s challenge to the corrosivity standard led EPA to consider two major changes to the RCRA hazardous waste rules:
  1. Bring corrosive solids under the scope of RCRA hazardous waste requirements.
  2. Lower the pH threshold for corrosivity from 12.5 to 11.5.
What Did EPA Decide?

In today’s Federal Register, US EPA announced its decision to take no action on the challenge to its rules for corrosive hazardous wastes under RCRA.

Here’s the long and short of it, straight from the Federal Register:

“The Agency’s review of additional materials it identified as relevant to the petition similarly did not demonstrate that any change to the corrosivity characteristic regulation is warranted at this time.”
[81 FR 21295, April 11, 2016]

ph meter for corrosive RCRA waste
Now that the challenge to the RCRA corrosives rules are laid to rest (for now), hazardous waste generators can continue to manage corrosive hazardous wastes under the current RCRA requirements. To read more about what these changes could have meant for hazardous waste generators in the US, read the April 2015 feature EPA May Expand RCRA Classification of Corrosives.

What's Next for PEER?

If PEER wants to continue its challenge to the RCRA corrosives rules, the next likely step would be to question EPA in court under the Administrative Procedure Act. In other words, PEER may claim that EPA did not consult the correct scientific data or follow proper procedure before denying the petition. Depending on how that (possible) court case shakes out, EPA may re-evaluate its RCRA corrsoives rules at a later date.

Stay Up to Speed With New and Changing RCRA Rules

Build a smart, streamlined approach to managing your site’s hazardous waste from cradle to grave under the latest RCRA rules at the Hazardous/Toxic Waste Management Workshop, presented in cities nationwide.

Check the schedule now to see when we’re coming to your area. Get RCRA training trusted since 1977, books and resources that make the regulations easy to read and use, and a Lion Membership for a full year of answers to on-the-job questions, book updates, exclusive alerts and content, and discounts on select Lion products.  

Tags: EPA, hazardous waste, RCRA

Find a Post

Compliance Archives

Lion - Quotes

The instructor was excellent. They knew all of the material without having to read from a notepad or computer.

Gary Hartzell

Warehouse Supervisor

Lion was very responsive to my initial questions and the website was user friendly.

Michael Britt

Supply Chain Director

Well designed and thorough program. Excellent summary of requirements with references. Inclusion of regulations in hard copy form, as well as full electronic with state pertinent regulations included is a great bonus!

Oscar Fisher

EHS Manager

Excellent class, super instructor, very easy to follow. No rushing through material. Would like to take his class again.

Lawrence Patterson

EH&S Facility Maintenance & Security Manager

This was the 1st instructor that has made the topic actually enjoyable and easy to follow and understand. Far better than the "other" training providers our company has attended!

Lori Hardy

Process & Resource Administrator

Very witty instructor, made the long times sitting bearable. One of the few training courses I can say I actually enjoyed.

John Hutchinson

Senior EHS Engineer

The course was very informative and presented in a way that was easily understood and remembered. I would recommend this course.

Jeffrey Tierno

Hazmat Shipping Professional

Lion is easily and consistently the best option for compliance training. I've learned new information from every instructor I've had.

Rachel Mathis

EHS Specialist

Our instructor was very dynamic and kept everyone's interest. Hazmat shipping can be a dry, complicated topic but I was engaged the entire time.

Kimberly Arnao

Senior Director of EH&S

I really enjoy your workshops. Thank you for such a great program and all the help Lion has provided me over the years!

George Chatman

Hazardous Material Pharmacy Technician

Download Our Latest Whitepaper

A guide to developing standard operating procedures, or SOPs, that help you select, manage, and audit your hazmat agents and contractors.

Latest Whitepaper

By submitting your phone number, you agree to receive recurring marketing and training text messages. Consent to receive text messages is not required for any purchases. Text STOP at any time to cancel. Message and data rates may apply. View our Terms & Conditions and Privacy Policy.