Delaware Delisting Petitions: What you need to know

Governing Law and Regulations
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Delaware Department of Natural Resources and Environmental Control (DNREC) Division of Air and Waste Management

See ADDRESSES & CONTACTS for addresses and telephone numbers.

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. Delaware has the authority to delist Resource Conservation and Recovery Act (RCRA) listed wastes in accordance with the federal rules. Delaware adopts the federal rules that allow for petitions to exclude a waste from the hazardous waste list. Waste generators may file a delisting petition with DNREC if the generator believes that, based on the analysis of a particular wastestream, a certain listed waste generated at a specific site is not hazardous.

Since Delaware has EPA authorization to administer a delisting program in place of the federal program, any facility that transports waste to Delaware must obtain delisting approval from the state before it can manage the waste as nonhazardous in Delaware. See the national section DELISTING PETITIONS for guidance.

Delaware has adopted by reference the federal lists of hazardous wastes. The federal listed hazardous wastes are reviewed in the national section LISTED WASTES.

Delaware follows the federal regulations for identifying and classifying hazardous waste, but it has not adopted all the federal exclusions from the definitions of solid and hazardous waste. For example, although it has adopted the conditional exclusion from the definition of solid waste for cathode-ray tubes, Delaware has not adopted the federal conditional exclusion from the definition of ...

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State Requirements

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Delaware Delisting Petitions Resources

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