EPA Considers Letting Texas Refinery Trash Hazardous Sludge Normally
Published Date: 3/26/2026
Proposed Rule
Summary
The EPA is thinking about letting WRB Refining in Texas stop treating some of its petroleum sludge as hazardous waste, which means it could be thrown away in regular landfills instead of special ones. This change affects WRB Refining and could save them money and hassle if approved. People have until April 27, 2026, to share their thoughts before the EPA makes a final decision.
Analyzed Economic Effects
4 provisions identified: 2 benefits, 2 costs, 0 mixed.
WRB Allowed to Dispose F037 as Non‑Hazardous
EPA is proposing to grant WRB Refining LP a continuous delisting to exclude up to 700 cubic yards per year of F037 (petroleum refinery/stormwater tank solids) at its Borger, Texas facility. If finalized, WRB could dispose those solids in a Subtitle D (nonhazardous) landfill instead of managing them as hazardous waste under RCRA.
Testing, Reporting, and Recordkeeping Requirements
If the delisting is approved, WRB must sample and test each stormwater tank cleanout, ensure leachate and constituent levels meet the delisting parameters, submit verification data to EPA Region 6 within 30 days of lab results, keep records on-site for at least five years, and report increasing constituent trends. The approval limits annual cleanouts to 700 cubic yards and requires notification to states and other actions spelled out in the exclusion conditions.
State Authorization May Limit Federal Exclusion
EPA notes that this federal delisting may not be effective in states that have their own delisting authorization or that impose stricter rules; WRB must contact state regulators and obtain any required state delisting authorization before managing the waste as nonhazardous in those states. WRB must provide 60 days' written notification to any State Regulatory Agency to which it will transport the delisted waste.
EPA Risk Finding on Human Health and Environment
EPA evaluated WRB's stormwater tank solids using site-specific sampling and modeling (Delisting Risk Assessment Software) and proposes to conclude the petitioned waste does not meet the hazardous listing criteria and would not pose a threat to human health and the environment under the modeled landfill disposal scenario. EPA based the proposed decision on analytical data (eight samples), DRAS modeling, and other listed factors.
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Key Dates
Department and Agencies
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