Petitions to the Office of Land and Emergency Management
This page makes available petitions for rulemaking received by the Office of Land and Emergency Management (formerly named "Office of Solid Waste and Emergency Response") on or after January 1, 2013. For the purposes of this page, the agency has posted incoming communications styled as "petitions" for generally applicable, national rulemakings. Petitions provided as comments in a publicly available rulemaking docket are not reproduced here. Additional petitions will be added on an ongoing basis as they are received or identified; petitions on this page were last updated on July 6, 2022.
The presence of a petition on this page does not indicate an EPA decision to grant or deny the petition. Any regulatory action that follows as a result of a petition for rulemaking would still be shaped by the typical outreach used by the agency to gather stakeholder input, and is still subject to any applicable notice and comment requirements. Petitions for rulemaking from other offices.
| Date Received | Petitioners | Related Statutes | Description |
|---|---|---|---|
| April 1, 2013 |
National Wildlife Federation, Sierra Club and Vermont Law School; Environmental and Natural Resources Law Clinic |
Administrative Procedure Act, Oil Pollution Act, Clean Water Act, Pipeline Safety Act |
More stringent regulations for transporting diluted bitumen, also known as “tar sands crude oil,” than those already existing for transportation of conventional crude oil; detailed industry reporting and the specific composition of diluted bitumen; spill response plans and training; independent review and public comment of facility spill response plans; increased inspections, and rigorous pre-operation review of written integrity management programs. Read the petition: Petition Seeking Rulemaking To Address The Transportation of Diluted Bitumen Through Interstate Pipelines (pdf) |
| April 3, 2013 |
Treated Wood Council |
Resource Conservation and Recovery Act (RCRA) |
Treated Wood Council is petitioning EPA to make a finding that non-hazardous secondary treated wood biomass is, as a class, not a waste. Treated Wood Council asks that this material be added to the materials identified in 40 CFR § 241.4 (a) as a material that is not a solid waste when used as a fuel in a combustion unit. Read the petition Petition for Determination Identifying Non-Hazardous Secondary Treated Wood Biomass as a Non-Waste under 40 CFR 241.4(a) (pdf) |
| April 23, 2013 | US Defense Logistics Agency, Department of Defense | Toxic Substances Control Act (TSCA) |
The US Department of Defense generates polychlorinated biphenyls (PCBs) at their bases in other countries. DOD’s Defense Logistics Agency (DLA) arranges to ship the PCBs to the United States for proper disposal. To import the PCBs into the United States, the DLA needs an exemption from the TSCA PCB import restrictions. DLA is specifically requesting an exemption to allow DLA to import foreign-manufactured PCBs that the DOD currently owns in Japan for proper disposal in the United States. Read the petition. |
| November 12, 2013 | An Association of Responsible Recyclers; Inc. (NORA) | Resource Conservation and Recovery Act (RCRA) |
NORA is seeking a determination that off-specification used oil fuel does not constitute a waste when combusted in specific categories of combustion units. Read the petition. On November 14, 2017, the petitioner withdrew this petition. On July 27, 2017, EPA issued guidance on off-specification used fuel oil. |
| June 2, 2014 | The Citizens’ Coalition to Ban Toxic Dispersants (and joined by others) | Clean Water Act, 33 U.S.C. § 1321(d)(2)(G) and the Administrative Procedures Act Title 5. Sec. 553(e) |
Petitioner supplemented the requests in their original petition, based on new evidence and scientific information, as well as the U.S. Department of Transportation’s recent emergency regulations for handling crude oil by rail. Petitioner undertook a comprehensive rewrite of Subparts A, B, C, D, and J (related to use of dispersants and other chemical agents) and noted where revisions are needed in other subparts and in the appendices. Read the petition. |
| July 29, 2014 | Center for Biological Diversity | Section 7004 of RCRA and Section 21 of TSCA |
Petitioner requested EPA promulgate regulations governing safe treatment, storage and disposal of polyvinyl chloride (“PVC”), vinyl chloride, and associated chemical additives, commonly known as Phthalate plasticizers. Read the petition (pdf). On October 24, 2014, EPA denied the TSCA Section 21 portion of the petition. On April 26, 2024, EPA denied the RCRA portion of the petition. Read the denial. |
| May 10, 2016 | Anthony G. Patchett, on behalf of SAN PEDRO PENINSULA HOMEOWNERS UNITED, INC. TONGV A ANCESTRAL TERRITORIAL TRIBAL NATION | Clean Air Act (CAA) | The Petition calls for “EPA to re-examine the risks associated with the Plains/Rancho LPG facility (located at 2110 N. Gaffey Street - San Pedro/Wilmington, CA) and to require Plains All American Pipeline (Rancho LPG LLC) to resubmit Rancho LPG LLC's (severely minimized) worst case blast radius reporting to the EPA (under rule 40 CFR part 68.25) using the proper "TNT" equivalency calculation for all flammables.” Read the petition. |
| June 8, 2016 | Earthjustice (and joined by 9 others) | Resource Conservation and Recovery Act (RCRA) | Earthjustice et al submitted a petition for rulemaking to promulgate regulations governing the safe disposal of coal combustion residuals (CCR) in municipal solid waste landfills. Specifically, Earthjustice requests that EPA amend the federal minimum criteria under 40 CFR part 258 to ensure that the disposal of CCR in municipal solid waste landfills does not pose an unreasonable probability of adverse effects on human health and the environment. Read the petition. |
| March 15, 2017 | NSK/ASK Precision Ball Company | 40 CFR 261.4(b)(6)(ii) | The petition requests a rulemaking to Amend 40 CFR 261.4(b)(6)(ii) to exclude certain trivalent chromium bearing waste. Specifically, the petitioner believes this waste should be classified as non-hazardous and that the language in the petition needs clarification on how to make that determination. Read the petition. |
| May 12, 2017 | Utility Solid Waste Activities Group | Resource Conservation and Recovery Act (RCRA) |
The Utility Solid Waste Activities Group petitions the Agency for reconsideration of EPA’s final rule titled Rulemaking to Reconsider Provisions of the Coal Combustion Residuals Rule, 80 FR 21302 (April 17, 2015), and requests EPA to seek to hold in abeyance the challenge to the Coal Combustion Residuals Rule, No. 15-1219, et al. (D.C. Cir.) |
| May 31, 2017 | AES Puerto Rico LP (AES-PR) | Resource Conservation and Recovery Act (RCRA) |
AES-PR’s petition for rulemaking requests reconsideration of how the Coal Combustion Residuals (CCR) rule (40 CFR part 257, subpart D) regulates the storage of CCR at a facility (on-site) as a “CCR pile” before the CCR is delivered to a third party for beneficial use or disposal (off-site). (Description continued.) Read the petition: Reconsider CCR and Request to Hold Abeyance (pdf) Document accessibility: Mary Jackson, 703-308-8453 |
| February 28, 2017 | RMP Coalition (consisting of American Chemistry Council, American Forest & Paper Association, American Fuel & Petrochemical Manufacturers, American Petroleum Institute, U.S. Chamber of Commerce, National Association of Manufacturers, and Utility Air Regulatory Group) | Clean Air Act, Section 112(r)(7) |
The Petition requests that EPA reconsider and rescind EPA’s final rule, Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act, Section 112(r)(7) (“RMP Amendments Rule”), 82 FR 4594 (January 13, 2017) and stay the effective date of the final rule. |
| March 13, 2017 | Chemical Safety Advocacy Group (representing a coalition of companies in refining, oil and gas, chemicals and general manufacturing sector subject to the RMP rule) | Clean Air Act, Section 112(r)(7) | The Petition requests that EPA reconsider EPA’s final rule, Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act, Section 112(r)(7) (“RMP Amendments Rule”), 82 FR 4594 (January 13, 2017) and stay the effective date of the final rule. Read the petition and supplemental information. |
| March 14, 2017 | States of Louisiana, Arizona, Arkansas, Florida, Kansas, Texas, Oklahoma, South Carolina, Wisconsin, West Virginia, and the Commonwealth of Kentucky | Clean Air Act, Section 112(r)(7) |
The Petition requests that EPA reconsider EPA’s final rule, Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act, Section 112(r)(7) (“RMP Amendments Rule”), 82 FR 4594 (January 13, 2017), stay the effective date of the final rule and toll compliance dates until 18 months from March 21, 2017. Read the petition: States' Petition for Reconsideration and Stay with respect to Accidental Release Prevention Requirements: RMP Under CAA (pdf) |
| December 7, 2018 | Association of American Railroads, Treated Wood Council, American Wood Council, American Forest and Paper Association, American Short Line and Regional Railroad Association | Resource Conservation and Recovery Act (RCRA) |
The petitioner request to amend the categorical non-waste fuels classification criteria for creosote treated railroad ties and other treated railroads ties, and the definition of paper recycling residuals. On October 18, 2023, EPA issued a final denial of this rulemaking petition. |
| April 1, 2019 | Portland Cement Association | Resource Conservation and Recovery Act (RCRA) |
The petitioner requests the following fuels to be considered a categorical non-hazardous secondary materials (NHSM) when used as a fuel in a cement kiln combustion unit: paper cardboard, pre-consumer plastics, postconsumer plastics, and fabric and filter materials. Petition for Determination Identifying Non-Hazardous Secondary Materials as Non-Waste for Categorical Listing under 40 CFR 241.4(a) (pdf) On November 20, 2020, the petitioner withdrew the petition. Withdrawal of Petition for Determination Identifying Non-Hazardous Secondary Materials as Non-Waste for Categorical Listing under 40 CFR 241.4(a) (pdf) |
| February 18, 2020 | 16 US states, Philadelphia, and DC | Clean Air Act Section 112(r) |
The petitioners request reconsideration of Final Rule Entitled “Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act,” 84 Fed. Reg. 69,834 (Dec. 19, 2019), EPA-HQ-OEM-20150725. Read the petition. Petition from States for Reconsideration of Final Rule "Accidental Release Prevention Requirements: Risk Management Programs Under Clean Air Act" (pdf) |
| February 18, 2020 | Earthjustice and associated community organizations | Clean Air Act Section 112(r) |
The petitioners requests reconsideration of Final Rule Entitled “Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act,” 84 Fed. Reg. 69,834 (Dec. 19, 2019), EPA-HQ-OEM-20150725. |
| February 18, 2020 | United Steel, Etc., International Union (“United Steelworkers”) | Clean Air Act Section 112(r) |
The petitioners request reconsideration and stay of Final Rule Entitled “Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act,” 84 Fed. Reg. 69,834 (Dec. 19, 2019), EPA-HQ-OEM-20150725. Read the petition. Petition from United Steel Etc. Union for Reconsideration of Final Rule "Accidental Release Prevention Requirements: Risk Management Programs Under Clean Air Act" (pdf) |
| January 21, 2020 | University of California, Berkeley School of Law | Resource Conservation and Recovery Act (RCRA) |
The petitioners request that EPA promulgate regulations designating wastes containing PFOA (perfluorooctanoic acid), PFOS (perfluorooctane sulfonic acid), GenX chemicals, and any combination of these, as hazardous waste subject to the management and disposal requirements of Subtitle C of RCRA. Petitioners also request that the RCRA hazardous waste designations for PFOA and PFOS wastes extend to cover the full chemical subclass of each—long-chain perfluoroalkyl carboxylates (LCPFACs) and long-chain perfluoroalkane sulfonates (LCPFASs), respectively. Read the petition Petition from Berkeley Law School to Designate Wastes with PFOA Etc as Hazardous Waste under RCRA Subtitle C (pdf) |
| October 3, 2019 | Public Employees for Environmental Responsibility | Resource Conservation and Recovery Act (RCRA) |
The petitioner requests the issuance of a rule to list waste containing per-and polyfluoroalkyl substances (PFAS) as a hazardous waste under Subpart C of the Resource Conservation and Recovery Act (RCRA). Read the petition Petition from PEER to List Waste with PFAS as Hazardous Waste under RCRA Subtitle C (pdf) |
| July 6, 2020 | Viance, LLC | Resource Conservation and Recovery Act (RCRA), 40 CFR 241.4 |
Viance seeks a determination from EPA that DCOI-treated wood does not constitute a solid waste under the Resource Conservation and Recovery Act (RCRA) when combusted as a non-hazardous secondary material (NHSM). Read the petition. Petition for Determination Identifying Non-Hazardous Secondary DCOI-Treated Wood as a Non-Waste under 40 CFR Section 241.4(a) (pdf) |
| June 25, 2021 | Governor Michelle Lujan Grisham | Resource Conservation and Recovery Act (RCRA) |
New Mexico Governor, Michelle Lujan Grisham, petitioned the Environmental Protection Agency requesting a timely listing of per and polyfluorinated substances (PFAS) as a class of chemicals within Subpart C of the Resource Conservation and Recovery Act (RCRA), or in the alternative, list individual PFAS chemicals under RCRA. Read the petition. NM Governor Petition Requesting PFAS as Hazardous Waste under RCRA Subpart C (pdf) |
| June 30, 2021 | US Ecology Nevada, Inc. | Resource Conservation and Recovery Act (RCRA) |
The petitioners request a variance from Title 40 of the Code of Federal Regulations Section 268.40 Land Disposal Restrictions (LDR) for a determination of equivalent treatment for high level mercury wastes. The variance requests that EPA authorize the conversion of elemental mercury to mercuric sulfide followed by encapsulation in linear low-density polyethylene, containerizing in high density polyethylene drums and disposal in a monofill located in a subtitle C hazardous waste landfill in Beatty, Nevada. Read the petition (pdf)(1.023 MB). Document accessibility: Bethany Russell, 202-566-0823 |
| September 30, 2021 | Eastern Shore Community Health Partners, Inc.; et. al. | The Clean Water Act, as amended by the Oil Pollution Act |
Petitions EPA to update the regulations for dispersant use under Subpart J of the National Contingency Plan. Specifically, the petition requests EPA to withdraw the Subpart J Monitoring Final Rule that was issued on July 27, 2021. Read the petition: Gulf Coast Advocates & Allies for Environmental Justice Request Immediate Action (pdf) |
| February 8, 2021 | People for Protecting Peace River, Atchafalaya Basinkeeper, Bayou City Waterkeeper, Calusa Waterkeeper, Center for Biological Diversity, Cherokee Concerned Citizens, Healthy Gulf, ManaSota-88, Our Santa Fe River, People for Protecting Peace River, RISE St. James, Sierra Club’s Florida and Delta chapters, Suncoast Waterkeeper, Tampa Bay Waterkeeper, Waterkeeper Alliance, Waterkeepers Florida, and WWALS Watershed Coalition | Resource Conservation and Recovery Act (RCRA) | Petitioners request that EPA reverse the 1991 Bevill regulatory determination excluding phosphogypsum and phosphoric acid production process wastewater (“process wastewater”) from the RCRA Subtitle C hazardous waste regulations and govern the safe treatment, storage and disposal of phosphogypsum and process wastewater as hazardous wastes under RCRA Subtitle C. Read the petition (pdf) (850 KB). |
| November 19, 2021 | The Edison Electric Institute, the American Clean Power Association, the U.S. Chamber of Commerce, the National Association of Manufacturers, the American Public Power Association, the Large Public Power Council, the National Rural Electric Cooperative Association, the Utility Solid Waste Activities Group, and the Cross-Cutting Issues Group | Resource Conservation and Recovery Act (RCRA) |
The petitioners request a rulemaking to add photovoltaic solar panels to the universal waste management program under 40 CFR part 273. Read the petition: Petition for Rulemaking: Regulating Photovoltaic Solar Panels as Universal Waste (pdf) . |
| August 1, 2023 | U.S. Department of Energy | Resource Conservation and Recovery Act (RCRA) |
The petitioners requested a variance from Title 40 of the Code of Federal Regulations Section 268.40 Land Disposal Restrictions (LDR) for 2,000 gallons of mixed hazardous waste generated during the Department of Energy’s Test Bed Initiative (TBI). The variance requested that EPA authorize stabilization of the waste using a grouting method and verifying compliance with the LDR prior to disposal. Read the petition submittal letter: U.S. Department of Energy Variance Petition Submittal Letter (pdf) Read the petition: TBI LDR Variance Petition (pdf) On May 1, 2024, EPA approved a treatment variance under RCRA. Read through the approval. |
| February 21, 2024 | The American Coatings Association (ACA) and PaintCare Inc. | Resource Conservation and Recovery Act (RCRA) |
The petitioners request a rulemaking to add paints to the universal waste management program under 40 CFR part 273. Read the petition: Petition of ACA and Paintcare Inc. to Include Paints in the Universal Waste Program Under the RCRA (pdf) . Document accessibility: Phoebe O'Connor, 202-566-1451 |
| September 30, 2024 | EcoRights | Resource Conservation and Recovery Act (RCRA) |
The petitioner requests a rulemaking to revise the notice provisions for RCRA citizen suit letters. Read the petition: Petition for Rulemaking from EcoRights (pdf) . |