&EPA
United States Solid Waste and EPA530-R-94-025
Environmental Protection Emergency Response OSWER Directive #9420.00-10
Agency (5305) July 1994
RCRA Implementation
Plan: Fiscal Year 1995
Addendum Containing
Changes, Clarifications, or
Additions to FY 1994 RIP
Recycled/Recyclable
Printed with Soy/Canola Ink on paper that
contains at least 50% recycled fiber
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I" £5 "*
USB/
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 204SO
MAY I 9 1994
MEMORANDUM
OFFICE OF
SOLID WASTE AND EMERGENCY
RESPONSE
Ian (RIP)
SUBJECT: FY 95 RCRA impienrentati
FROM: Elliott P. Laws
Assistant Adm
TO: Waste Management Divisional)irectors
Regions I - X
State Waste Management Directors
I appreciate the States' and Regions9 participation in the
development of the FY 95 RIP Addendum. OSWER has for several
years looked for opportunities to increase available State
flexibility in our RCRA operating guidance. Beginning with the
FY 1992 RIP, we initiated a Strategic Management Framework for
the RCRA Subtitle c Hazardous Waste Program. This framework
identifies priority themes for the RCRA program. It also
provides States with the flexibility to determine which specific
activities are the most environmentally significant as well as
how to balance the various aspects of the RCRA program.
While the objectives and priorities identified in the FY 94
RIP remain the same in FY 95, Headquarters has attached an
Addendum to clarify some of those objectives and priorities.
The attached addendum includes both minor changes and
clarifications to the FY 94 guidance, as well as additional
guidance in the following areas:
Combustion Strategy,
- Waste Minimization,
- Environmental Justice,
Corrective Action,
Biennial Reporting,
Subtitle D,
RCRIS Data Management, and
Beginning of Year Plans.
The introduction to the addendum includes a description of the
specific changes, clarifications, or additions to the FY 94
guidance for each of these areas.
In addition, the FY 95 proposed RCRA Enforcement budget
includes a "set-aside" of Regional resources allocated
Recycled/Recyclable
Printed with Soy/Canola Ink on paper thai
contain* it least 50% recycled tiber
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-2-
specifically for building Tribal capacity for Subtitle D
compliance monitoring and enforcement. Given the importance and
unique nature of this budget initiative, we are considering
distributing these resources separately from the normal Regional
allocation process. These resources are presently pending
Congressional approval, and when more specific information
becomes available, HQ will provide additional details to the
Regions under separate cover.
Also, in FY 95, the Office of Enforcement and Compliance
Assurance will be providing operating guidance, containing broad
program principles and guidelines, which will enable us to begin
incorporating the institutional changes envisioned in the
Administrator's enforcement and compliance reorganization.
Thank you for your participation in developing the various
components of this Addendum. We look forward to working with all
of you at our upcoming national meetings on the development of
RCRA national operating guidance for FY 1996. As always, OSW and
OWPE would appreciate any comments or suggestions you have for
improving next year's guidance development process.
Attachment
cc: Tom Kennedy, Executive Director, ASTSWMO
Michael Shapiro, Director, OSW
Bruce M. Diamond, Director, OWPE
Susan Bromm, Director, RED
Devereaux Barnes, PSPD
Richard LaShier, Acting Chief, SRPB
RCRA Branch Chiefs, Regions I - X
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OSWER DIRECTIVE * 94:0.00-10
United States
Environmental Protection
Agency
Solid Waste and
Emergency Response
(5101)
May 1994
FY 1995
RCRA
IMPLEMENTATION
PLAN
ADDENDUM
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OSWER DIRECTIVE # 9420.00-10
TABLE OF CONTENTS
I. FY 1995 RCRA IMPLEMENTATION PLAN ADDENDUM
A. INTRODUCTION p 3
B. COMBUSTION STRATEGY p 6
C. WASTE MINIMIZATION p 9
D. ENVIRONMENTAL JUSTICE P15
E. CORRECTIVE ACTION p 18
F. BIENNIAL REPORTING p 21
G. SUBTITLE D - MUNICIPAL AND INDUSTRIAL P 22
SOLID WASTE
H. RCRIS DATA MANAGEMENT AND DATA
QUALITY PRIORITIES
II. FY 1995 BEGINNING OF YEAR PLANS
A. INTRODUCTION
B. PRIORITY RANKING
C. PERMITTING
C. CORRECTIVE ACTION
D. ENFORCEMENT
E. STATE AUTHORIZATION
III. APPENDIX A - LIST OF REVISION
CHECKLISTS BY CLUSTER
P24
P 2
P 3
P 5
P15
P26
P41
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OSWER DIRECTIVE * W
INTRODUCTION
The FY 95 RIP is being issued as an addendum to the FY 94 guidance. The
following discussion highlights changes, clarifications, and additions to the FY 94
guidance. Please use this addendum in conjunction with the FY 94 guidance when
developing your program pians for FY 95.
COMBUSTION STRATEGY
For combustion facilities, the FY 95 guidance provides a framework for
implementing the Agency's Draft Waste Minimization and Combustion Strategy, as
announced by Administrator Carol Browner on May 18, 1993. It calls for the Regions
and States to give the highest priority to bringing all existing interim status hazardous
waste incinerators and BIFs under more rigorous permit controls. This includes
requiring full risk assessments (direct and indirect exposure), in addition to increased
limits on metals, and appropriate limits on dioxin emissions. This priority was
established to ensure that existing and new facilities operate as safely as possible to
protect Human Health and the Environment.
WASTE MINIMIZATION
With respect to waste minimization, this year's guidance spells out specific
activities that Regions and states may initiate or continue, which will carry out our
national goals of reducing at the source, or recycling, hazardous wastes that are managed
in combustion units. The FY 1994 RIP outlined general types of activities which
Headquarters was planning (and has conducted) and which the Regions were encouraged
to undertake. The RIP addendum lays out a more detailed plan, yet allows Regional
and state flexibility in choosing, which of the activities they want to conduct. The waste
minimization activities described in the addendum also will be funded through a new
grant allocation initiative which is set aside specifically for waste minimization.
ENVIRONMENTAL JUSTICE
The Environmental Justice section appears in the RCRA operating guidance for
the first time. EPA Administrator Carol M. Browner has made environmental justice
one of her top priorities for the Agency, and Elliott P. Laws, Assistant Administrator for
OSWER, has established a task force to formulate recommendations for how OSWER
can integrate the Agency's environmental justice goals and objectives into all of
OSWER's programs and activities. In addition to the recommendations forthcoming
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OSWER DIRECTIVE # 9420.00-
from the task force, additional guidance regarding environmental justice will be
incorporated into the FY 96 RIP.
CORRECTIVE ACTION
The corrective action portion of the FY95 RIP builds on the goals set forth in the
FY94 RIP. The FY95 RIP emphasizes and provides additional direction on stabilization
and environmental indicators. These two areas are key elements of the national
corrective action program. The FY95 RIP also outlines proposed changes for the FY96
corrective action STARS measures.
BIENNIAL REPORTING
The Biennial Reporting section reiterates the STARS measure for FY 95, which
focuses on data quality assurance for the 1993 Biennial report data.
SUBTITLE D - MUNICIPAL AND INDUSTRIAL SOLID WASTE
The three national priorities listed in the FY 1994 RIP remain the same for FY
1995, The focus of these priorities changed, reflecting progress made. Major changes
include:
Maintaining the focus on State/Tribal program approval. As programs are
approved, Regions may be well positioned to shift resources to the remaining two
priorities;
The Regions and Headquarters agreed to focus market development resources on
implementing "Recycling Means Business";
• A major focus of the source reduction program in FY 1994 and FY 1995 is the
WasteWi$e program; and
Headquarters is developing a court-ordered rule establishing criteria for industrial
solid waste facilities that may receive conditionally exempt small quantity
generator hazardous wastes.
RCRIS DATA MANAGEMENT AND DATA QUALITY PRIORITIES
This section outlines the primary RCRIS data management and data quality
priorities for FY 1995 in the areas of permitting/closure, compliance monitoring and
enforcement, and corrective action.
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OSWER DIRECTIVE # 9420.00-10
FY 95 BEGINNING OF YEAR PLANS
Priority Ranking and Permitting
The charts, narrative discussions, and STARS measures in this section remain the
same for FY 95. Only the dates have been changed to reflect FY 1994 accomplishments
and FY 1995 projected activities.
Corrective Action
This section of the BYP has been updated with a new chart and narrative
discussion on environmental indicators. Corrective action STARS measures remain the
same for FY 1995
Enforcement
The following changes have been made to the enforcement section of the BYP:
Under the "Enforcement Allocation" section, Regions and States, two new
questions have been inserted. These questions are asking for an additional
breakdown of "Other" resources, in FTE and dollars, used for compliance
assistance and specific activities.
Under the "Enforcement Action Activities" section, four questions
regarding the implementation of the SEP policy are asked. Last year's
question has been removed.
Under "Other Questions", two questions regarding environmental justice
are asked. Last year's questions have been removed.
State Authorization
The State Authorization section includes a new chart for Regions to enter the
checklists that they expect their States to become authorized for in FY 1995.
Additionally, Regions are asked to describe their strategies for authorizing States during
the upcoming fiscal year.
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OSWER DIRECTIVE # 9420.00-
COMBUSTION STRATEGY
IMPLEMENTATION OF THE HAZARDOUS WASTE MINIMIZATION AND
COMBUSTION STRATEGY
BACKGROUND
The FY 1994 RCRA Implementation Plan (RIP) identified as a key permitting
strategic goal the. development of a strategy to ensure that operating boilers and
industrial furnaces (BIFs) and operating incinerators meet all appropriate requirements
for safe operation. The groundwork set forth in the RIP provides a framework for
implementing the Agency's Draft Strategy on Hazardous Waste Minimization and
Combustion, as announced by Administrator Carol Browner on May 18, 1993. It is now
important to provide additional RIP guidance to reflect the heightened priority for
source reduction related to combustible waste and for combustion unit permits (mostly
BIFs, but also includes interim status incinerators), and to underscore the need to
elevate the priority of permitting commercial BIFs.
The Draft Strategy is designed to reduce the amount of hazardous waste
generated in this country and to strengthen the Federal controls governing hazardous
waste incinerators and BIFs. A key component of the Draft Strategy calls for a national
review of the relative roles of waste reduction and waste combustion in hazardous waste
management. This Administration is committed to source reduction as our first and
primary approach to waste management. EPA will use all its persuasive abilities and
legal authorities to maximize source reduction and to have generators take on waste
minimization as their top waste management priority.
The Draft Strategy also emphasizes the importance and priority of permitting
hazardous waste combustion facilities (incinerators and BIFs) in FY 1995 for the
Regions and States. The Strategy calls for EPA Regional Offices to give highest priority
during FY 1995 to bringing under EPA's permitting standards all existing interim status
hazardous waste incinerators and BIFs. To assist the permit writers in making permit
decisions, compliance monitoring and enforcement staff are encouraged to provide
compliance monitoring and enforcement data to-the permit writers. Regions and States
should continue to give lower priority to new permit applications and permit
modifications for additional combustion capacity, except where new capacity offsets the
retirement of existing combustion capacity and provides a substantial reduction in
emissions. This priority will ensure that existing facilities are operating as safely as
possible to protect human health and the environment.
In addition, for all permits issued, the Draft Strategy provides that the Regions
should use case-by-case authority to implement additional controls as necessary to
protect human health and the environment. These additional controls may include an
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OSWER DIRECTIVE # 9420.00-10
interim dioxin emission standard, a more stringent standard for paniculate emissions and
greater opportunity for public involvement in the permitting process. This use of
omnibus authority is expected to continue. Headquarters plans to release a technical
resource document in the last quarter of FY 1994 that presents an initial analysis of the
dioxin and particulate emissions levels that are the maximum achievable levels for BIFs
and incinerators. Permit writers should consult this technical resource document in the
permit application evaluation process. A technical analysis of maximum achievable
metals levels will be available late in FY 1995. However, the Headquarters policy is also
to ensure that continuous improvement in emissions reductions is fostered in permits
with respect to dioxins, other PICs of concern, metals, and particulate emissions.
In addition, the Draft Strategy calls for a full risk assessment (including indirect
exposure) before any new permit is issued. As concerns conducting the necessary risk
assessments before final permit determinations are made, the Regions and States are
expected to give highest priority to the commercial BIFs and interim status incinerators.
Technical assistance is available through EPA HQ. Further guidance on risk assessment
implementation of combustion facilities (including a risk screening procedure) will be
available by May, 1994. Currently, it remains EPA policy to complete the risk
assessment (i.e., the risk screen and, if necessary, a more detailed site-specific
assessment) before a final permit determination is made.
PERMITTING
As stated above, implementing the Draft Strategy is a high priority for FY 1995
and must be considered together with other priority activities. Regions and States should
use the existing flexibility in the ranking criteria for evaluating overall environmental
priority of facilities and elevate the priority of appropriate combustion facilities.
Among the BIF universe, commercial BIFs will continue to have the highest
priority. Therefore, the first step to implement the Draft Strategy was to have completed
a call in of the Part B permit applications for all commercial BIFs by May 1994. All
remaining BIF Part Bs should be called in during the succeeding 24 months (i.e., by May
1996). Permit determinations should be made as expeditiously as feasible to control
those operations that can be operated safely as well as deny permits at those facilities
that cannot be operated safely.
For Regions with interim status BIFs and incinerators, the relative priorities of
these units should be based on size, types of waste burned, and potential emissions. In
many cases the interim status incinerators will merit a higher priority than the BIFs, as
interim status standards for incinerators are not substantive.
Chemical demilitarization units and remediation units are not subject to the
prioritization portion of the draft strategy since there are environmental reasons for
moving these units through the permitting process and into operations, and because the
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OSWER DIRECTIVE # 9420.00-U)
waste going to these units already exists and cannot be minimized. Mixed waste units
and popping furnaces may have these same factors and their prioritization should be
considered on a case-by-case basis.
Permitting of interim status combustors will generally have priority over renewals
of combustor permits due to the environmental gain of moving interim status units under
specific enforceable requirements.
Additional guidance regarding implementation of the Draft Strategy, particularly
in terms of identifying appropriate combustion facilities to be elevated in priority, is
included in the FY 1995 Beginning-of-Year Plan (BYP) guidance.
COMPLIANCE MONITORING AND ENFORCEMENT
In FY'95, compliance monitoring and enforcement activities relating to
combustion and waste minimization continue to be a very significant priority for Regions
and States. All boilers and industrial furnaces should previously have been inspected.
However, if any have not, they should be given the highest priority. In addition,
previously inspected combustion facilities which have not yet returned to compliance and
combustion facilities with poor compliance histories should be the Regions and States
foremost compliance monitoring priority. Close coordination between enforcement and
permitting personnel is critical. Enforcement personnel must transmit information
obtained regarding the compliance history of boilers and industrial furnaces to assist
permit writers in making permit decisions. Finally, high priority should be given to the
inclusion of waste minimization activities as Supplemental Environmental Projects in
enforcement settlements.
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OSWER DIRECTIVE # 94:0.00-10
WASTE MINIMIZATION
INTRODUCTION
The Draft Waste Minimization and Combustion Strategy (May 1993) sets out a
number of program priorities for EPA and state agencies to address, with particular
emphasis on.elevating the awareness of and importance given to source reduction and
recycling as waste management techniques. This section of the FY95 RIP addendum
identifies activities Regions and states should undertake to emphasize source reduction
and recycling within the RCRA hazardous waste regulated community. In future RCRA
Implementation Plans, waste minimization activities will be incorporated into .all areas
(e.g., permitting, enforcement, corrective action, etc.). Thus, the Regions should begin
now to provide for maximum flexibility, when setting up the State/EPA Agreements, for
states to set aside specific funding amounts to accomplish the activities described below.
(Some funding is provided in Fiscal Year 1995 for conducting these waste minimization
activities. However, the funding is limited, so the prioritizing measures described below
are very important for focussing those limited resources on the most important
generators.)
An important note for planning future years' waste minimization efforts is that the
activities outlined below represent the beginning of a major shift in emphasis within the
RCRA hazardous waste program - a shift toward more contact with, and interaction
with, hazardous waste generators than in the past. Although this FY 1995 RIP
addendum continues in a similar direction as the FY 1994 RIP, we expect a major re-
examination of our program goals next year, and at that time, we are likely to include
provisions for more interaction-with hazardous waste generators in future years' RCRA
Implementation Plans. A similar change with respect to planning for these generator
interactions will likely be reflected in the future years' guidance for preparing Beginning
of Year Plans.
In addition, we also are looking for movement toward measuring the actual
accomplishments (progress toward goals) rather than simply measuring program
activities. The reader will find that, rather than mandating program outcomes, the
following waste minimization description provides a logic flowchart of possible activities.
and leaves all decisions on which activities to undertake to the individual Regions and
States. Headquarters is more interested in seeing the results of those Regional choices,
and is working toward developing measures of Regional progress. Next year we plan to
have specific indicators of progress which we can use to measure the Regions' (and
States') performance.
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OSWER DIRECTIVE # 9420.00-10
WASTE MINIMIZATION AND COMBUSTION STRATEGY - Prioritizing Wastes of
Concern
To implement the Waste Minimization and Combustion Strategy, Headquarters'
Waste Minimization Branch is prioritizing specific hazardous wastes which, from a
national perspective, merit attention in the short-term because of their volume, hazard,
and/or management practices. We are prioritizing in a phased approach, with our
attention initially on certain hazardous wastes that are burned in boilers, industrial
furnaces or incinerators ("combusted" hazardous wastes of concern); then, expanding to
certain hazardous-wastes that could be burned in those units ("combustible" hazardous
wastes of concern); and lastly, certain hazardous wastes that could be managed in any
type of unit. The first phase of prioritizing effort is part of the development of the
National Waste Minimization and Combustion Strategy (which we expect to release in
November 1994), while the second phase of the prioritizing is part of the development of
the Final Waste Minimization and Waste Management Strategy.
The first phase of our prioritizing is to identify "wastes of concern" that are
combusted. Specifically, we will focus on certain metal-bearing and halogen-containing
hazardous wastes managed in combustion units - boilers, industrial furnaces, and
incinerators. Subsequently, we will expand the "wastes of concern" to include hazardous
wastes that^ojild be combusted in incinerators, boilers or industrial furnaces, but that
might be managed in other ways (e.g., recovered for reuse). Then, in a second phase, we
will expand our priority list of "wastes of concern" to hazardous wastes that may be
managed in any type of RCRA Subtitle C unit. Currently, the criteria we are using to
prioritize include inherent hazard and exposure potential (where we have data to support
these analyses) and volume and waste origins (where we lack data).
For purposes of this FY 1995 RIP addendum, Headquarters' Waste Minimization
Branch will have available, for Regions and states to use (if they wish) a list of "wastes of
concern" that are managed in combustion units, before the beginning of the Fiscal Year.
Regions and states should use this list, or their own Region/state-specific prioritizing
scheme, to narrow down the population of entities which merit Regional/state attention.
At some point during FY 1995, the list will be expanded to include "wastes of concern"
that could be combusted, and at that point Regions and states could use the expanded
"combusted and combustible" list of wastes of concern. Regions and states will not need
the Phase 2 list of wastes of concern (hazardous wastes managed in any type of unit) in
Fiscal 1995, but Headquarters will develop it in time for our broader National Waste
Minimization and Waste Management Strategy and future years' RCRA Implementation
Plans.
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OSWER DIRECTIVE
CENTRAL QUESTION FOR FISCAL 1995:
What can each Region (and the states within each Region) do to meet the goal of
continuous reductions of metal and halogen concentrations in wastestreams that are
burned in combustion units?
NOTE: This question does not refer to merely shifting the wastes of concern to other
types of management units. It refers to continuous reductions of metals and halogen
concentrations in these wastes of concern, regardless whether the wastestreams are
burned in combustion units or managed in some other way.
This central question can be answered using a logic flowchart which spells out the
mechanisms a Region or state can use to accomplish the goal of continuous reductions of
metals and halogens in certain wastestreams. See Table 1 for a visual summary of the
logic flow chart. The text in the table is somewhat abbreviated; the narrative below
explains the concepts in greater detail. Note that many of the mechanisms which the
Regions or states might use have various limitations, which are indicated as footnotes.
Headquarters encourages the Regions and states to choose, from the available options,
those mechanisms which are most likely to achieve the desired result at the generator'
site in question (knowing that some mechanisms have limitations).
Look at the population of hazardous waste combustion units and generators in
your Region/state. Determine which ones are:
1) Incinerators or BIFs (non-commercial) which also generate and burn hazardous
waste at that location;
2) Incinerators or BIFs (commercial) which also generate and burn hazardous waste
at that location;
3) Incinerators or BIFs (commercial or non-commercial) which do not generate the
hazardous waste that is burned at that location; or
4) Generators who send their hazardous waste for burning elsewhere.
For the TSD-generators in categories 1 and 2, identify which wastes of
concern are generated at that location. For TSD-generators (category 2)
and TSDs (category 3), identify which wastes of concern are received and
burned at that location, using BRS Waste Received forms, TRI data, state
data, or other data that is available. Also identify the generators which
sent wastes of concern to that location, using BRS or manifest data (or
other data that is available). Coordinate information exchange with other
Regions/states.
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OSWER DIRECTIVE # 9420.00-1\
For the TSD-generators in categories 1 and 2, consider using permit
requirements to encourage waste minimization at this location.
For the TSD-generators in categories 1 and 2, the TSDs in category 3, and
the generators in category 4, consider the following mechanisms to
encourage or require waste minimization for the wastes of concern.
Determine which mechanism(s) are likely to achieve the desired result.
Examples of mechanisms are:
1) Discussing/reviewing the generator's Waste Minimization Program in Place;
2) Supplemental Environmental Projects;
3) Outreach;2
4) Technical assistance;3 4
5) Use of state authorities (e.g., economic incentives, public disclosure of pollution
prevention plans, or a variety of other approaches the state authorities allow); or
6) Other approaches that Regions/states believe are viable and would be effective.
1 Note that omnibus permit authority (RCRA § 3005(c)(3) is needed for this mechanism
2 Some Regional staff have noted difficulties in accessing appropriate types of information for specific
types of generators
3 Region or state could provide, if resources allow [see footnote 4]; alternately, Regions/states might
wish to arrange for other providers to deliver this service
4 See the FOIA-exempt OSWER dir. #9938.10 for a discussion of some issues related to providing
technical assistance
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TABLE 1 - PAGE I
LOGIC FLOWCHART FOR WASTE MINIMIZATION ACTIVITIES
Look at the population of hazardous waste combustion units and generators in your Region/state. Determine which ones are:
I) Incinerators or BIFs (non-commercial) which also generate and burn hazardous waste at that location;
2) Incinerators or BIFs (commercial) which also generate and burn hazardous waste at that location;
3) Incinerators or BIFs (commercial or non-commercial) which do not generate the hazardous waste burned at that location; or
4) Generators who send their hazardous waste for burning elsewhere.
The category numbers above are also identified in specific boxes in the chart.
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in
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TABLE 1 - PAGE 2
LOGIC FLOWCHART FOR WASTE MINIMIZATION ACTIVITIES
CATEGORY I -
Incinerators or BIFs
(noncommercial) that
- generate and
- burn
hazardous waste at that
location
I
CATEGORY 2 -
Incinerators or BIFs (commercial) that
- generate and
- burn
hazardous waste at that location
CATEGORY 3 - Incinerators
or BIFS (commercial or non-
commercial) that are not
generators of hazardous waste
burned at that location
Identify wastes of concern that are generated at this
facility
Identify wastes of concern that are received and burned at this
location, identify the generators who are sending the wastes of
concern to this location. (Use BRS, TRI, State, or any other
available data). Coordinate with other Regions/States where
those generators are located.
I
Consider using permit requirements to encourage
waste minimization at this location.
CATEGORY 4 - Generators who send their hazardous waste to
be burned off-site
J
I
Determine mechanisms that could lead to reductions in metals/halogens in the "wastes of concern" that is generated. Consider State
authorities that may apply to generators in the States they are located in. Some examples of mechanisms:
* Discussing or reviewing the generator's Waste Minimization Program in Place;
* Supplemental Environmental Projects;
4 Outreach to specific industries, facilities, or industrial processes;
4 Technical assistance to specific industries, facilities, or industrial processes;
A Use Of state authorities.(e.g., economic incentives, public disclosure of Pollution Prevention Plans, or a variety of other
approaches the State authorities allow);
Other approaches that Regions/States believe are viable and would be effective
m
*
I
B
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OSWER DIRECTIVE # 9420.00-10
ENVIRONMENTAL JUSTICE
Over the past decade, concern about the impact of environmental pollution on
particular population groups has been growing. There is evidence that minority
populations and low-income populations may bear a disproportionate amount of
exposure to pollution sources, leading to heightened health risks.
In response to this area of concern, the President issued Executive Order 12898
on Federal Actions to Address Environmental Justice in Minority Populations and Low-
Income Populations on February 11, 1994. The Executive Order instructs each Federal
department and agency to make environmental justice part of its mission by "identifying
and addressing, as appropriate, disproportionately high and adverse human health or
environmental effects of its programs, policies, and activities on minority populations and
low-income populations ...."
EPA Administrator Carol M. Browner has also made environmental justice one of
her top priorities for the Agency, and is chairing the interagency committee that has
been established to ensure appropriate implementation of the President's Executive
Order. Elliott P. Laws, Assistant Administrator foir the Office of Solid Waste and
Emergency Response, has in turn established an Environmental Justice Task Force to
broaden discussion of these issues and formulate short- and long-term recommendations
for how OSWER can integrate the Agency's environmental justice goals and objectives
into all of OSWER's programs and activities.
The OSWER Environmental Justice Task Force has focused substantially on
issues associated with RCRA, since, according to the Office of Environmental Justice, a
majority environmental justice complaints received by the Agency are RCRA-related.
Some of the key environmental justice issues associated with the RCRA program that
the Task Force has examined include: 1) methods for identifying sites or areas that raise
environmental justice issues; 2) challenges under Title VI; 3) the siting of RCRA
facilities; 4) public participation; and 5) corrective action cleanups.
The Task Force recognizes that the RCRA Implementation Plan serves as an
extremely important vehicle through which EPA can promote and advance
environmental justice goals and objectives in these areas. The guidance that follows
represents recommendations emerging from the Task Force effort.
One of the OSWER-wide issues that the Task Force has addressed that has
implications for the RCRA program is how to identify sites or geographic areas that
raise environmental justice issues for purposes of implementing appropriate
environmental justice strategies. Based on broad discussions with Regional offices, the
Task Force has concluded that there is a need for flexibility in this area. Rigid
definitions would not take account of site-specific dynamics. Thus, the Task Force has
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OSWER DIRECTIVE # 9420.00-10
recommended that specific indicia be used to identify sites or areas that raise or would
be likely to raise environmental justice issues. Relevant factors would include the
presence of multiple sources of pollution, corresponding health effects, the racial and
ethnic makeup of an affected community, relative income levels, educational
backgrounds, past regulatory practices, and the perspective provided by local community
leaders. Sites or areas identified based on such factors would be targeted for additional
public participation and outreach efforts, pilot initiatives, RCRA-related grants, and
compliance monitoring and enforcement activities. This recommendation is consistent
with the proposal contained in the Agency-wide environmental justice strategy document.
Implementation of the RCRA program is also affected by challenges lodged under
Title VI of the Civil Rights Act of 1964. Title VI gerierally requires that any program or
activity receiving Federal financial assistance be implemented in a non-discriminatory
manner. Under EPA's implementing regulations, recipients and applicants are required
to assure compliance with Title VI in order to receive EPA financial assistance. EPA's
Office of Civil Rights has recently begun to receive various Title VI complaints alleging
that EPA grants allocated to support State RCRA permit programs are being
administered in a discriminatory manner.
To help address Title VI concerns, EPA Regional offices need to work closely
with the States to assist them in complying with Title VI standards. Emphasis on active
public participation early in the decision-making process can help fulfill this goal by
ensuring that parties give full consideration to various siting alternatives. Activities to
support pollution prevention and waste minimization in minority and low-income areas
can also help reduce the possibility that the permitting of new RCRA facilities will lead
to Title VI actions. When a Title VI claim arises that affects the RCRA permitting
process, EPA Regional offices should seek to help mediate disputes, bringing all affected
stakeholders to the table, and should ensure thorough consideration of health risks
associated with a proposed permit.
Siting of RCRA facilities also raises significant, environmental justice issues. In
response to this area of concern, OSWER has formed a RCRA Siting Work Group to
develop options and recommendations for Agency policy on facility siting under RCRA,
with special emphasis on environmental justice issues. One option that will be explored
is the possibility of adopting new regulations to address siting concerns. The OSWER
Environmental Justice Task Force has also recommended that the RCRA Siting Work
Group develop a technical assistance guidance fpr State and local governments on the
siting of RCRA facilities. This guidance would assist these entities in determining
additional criteria to consider with regard to environmental justice issues when making a
determination on the siting of a facility. In developing this guidance, the Work Group
would look to existing State and local requirements and would seek input from a wide
range of public and private stakeholders.
16
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OSWER DIRECTIVE # 9420.00-10
. Public participation is also a critical component to developing a successful
environmental justice strategy under RCRA. Concerns have been raised that RCRA
siting and permitting decisions are made without sufficient public involvement. Regional
EPA offices should work to ensure that they and the States place appropriate emphasis
on public participation. OSWER's Office of Solid Waste is currently drafting a proposed
public participation rule that will establish heightened standards for public involvement
under the RCRA permitting program. Specific items include requiring a preapplication
meeting with the affected community, public notification upon receipt of permit
application and prior to trial burns, and multilingual fact sheets and translators in
predominately non-English speaking communities. Regional offices should stress these
factors in the RCRA work plans negotiated with the States.
Finally, Regional offices should give appropriate priority to minority and low-
income communities when undertaking corrective action cleanups. Remedy selection
decisions and pace of cleanup should, consistent with proposals under Superfund, take
account of the presence of multiple sources of pollution, including Federally permitted
releases. Active public involvement in decision-making should also be part of RCRA
corrective action efforts. Regions should seek to identify and communicate regularly
with representatives from minority populations and low-income populations affected by a
cleanup. Criteria involving enforcement activities 'will be addressed by the Office of
Enforcement and Compliance Assurance.
More detailed guidance for incorporating environmental justice activities into the
RCRA program will be contained in the OSWER Environmental Justice Task Force
Report. Upon receipt, Regional offices should consult this Report and develop
implementation plans that respond to the recommendations advanced. OSWER further
recommends that the Regional offices work with the States to identify and implement
additional mechanisms for addressing environmental justice concerns in the RCRA
program.
17
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OSWER DIRECTIVE # 9420.00-10
CORRECTIVE ACTION
In FY'95/the RCRA Corrective Action program will follow the same general
implementation strategy as outlined in the FY'94 RIP. We will continue to:
Focus resources and actions at high NCAPS priority facilities;
• Implement the stabilization initiative;
Build the program's capabilities through effective worksharing arrangements with
the States; and
• Provide appropriate oversight of facility investigations and cleanup actions, based
on owner/operator capabilities and facility conditions.
Work toward completing initial assessments and NCAPS rankings at all TSDFs
This overall strategy for the program is directed at achieving three overriding
program goals: (1) ensuring that program efforts are directed at "worst sites first"; (2)
ensuring that the program operates efficiently; and (3) maximizing actual environmental
results.
The FY'94 RIP provides specific direction for implementing this general
implementation strategy. This addendum for FY 95 is intended to provide additional
direction on three important aspects of the RCRA corrective action program:
(1) Implementation of the Stabilization Initiative;
(2) Corrective Action Environmental Indicators; and
(3) STARS Measures for Corrective Action.
IMPLEMENTATION OF THE STABILIZATION INITIATIVE
Given the large RCRA TSD universe requiring corrective action and the limited
resources available to address the environmental problems at these facilities, it is more
important than ever to implement the stabilization initiative as outlined in the FY'94
RIP and the Stabilization Strategy and Guidance (October, 1991). In implementing this
initiative, however, several Regions have requested clarification regarding the relative
emphasis that should be placed on stabilizing environmental problems at RCRA
facilities, as compared to pursuing "final" remedies at those facilities. This addendum is
intended to clarify the Agency's expectations regarding this issue.
The stabilization initiative involves focusing resources on interim actions to achieve
near term environmental results (stabilization actions) at facilities with the most serious
problems. Such actions should be implemented as early in the process as possible (e.g..
post RFA, RFI phase I) and can be implemented in phases if appropriate (e.g., source
removal in phase I, and pump and treat of groundwater in phase II). While it may be
preferable to achieve final, comprehensive cleanups in certain situations (e.g., where such
18
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OSWER DIRECTIVE # 94 20.00-
a remedy would require only a small incremental investment of time and resources), as a
general rule the program's resources should be directed at taking necessary actions to
address actual or imminent exposure threats, and controlling and stabilizing contaminant
releases at high NCAPS priority facilities. Final cleanups should be pursued only at
those few high NCAPS priority facilities where it is determined that a stabilization
approach is inappropriate, based on timing and/or resource considerations, or is
impractical for technical reasons.
Once a facility or "area" of a facility (e.g., a ground water contaminant plume) is
stabilized, oversight resources should be disinvested from the stabilized facility or area,
and work should be redirected to other high priority facilities or areas, so as to maximize
environmental benefits. Disinvestment options include: 1) complete disinvestment
(e.g, where stabilization actions are expected to achieve final cleanup goals at the
facility); (2) reduced, but continued oversight of the stabilization action(s) at the facility;
3) an extended compliance schedule to address remaining cleanup requirements (e.g.,
postponing further studies and "final" cleanup actions for some specified period of time);
4) deferral of oversight to other agency or program; or 5) deferral of further actions to
owner/operator voluntary cleanup initiatives.
In implementing the stabilization initiative, several Regions have suggested that it
would be useful to disseminate information on stabilization actions to the Regions, in a
manner similar to the Statement of Basis summaries that are currently prepared and
disseminated by Headquarters. To accommodate these requests, in FY 95 Headquarters
will begin preparing stabilization summaries from documentation submitted by regional
offices. Submission of such documents will be voluntary. Further information on the
types of documents that should be submitted, and to whom they should be submitted,
will be forthcoming.
CORRECTIVE ACTION ENVIRONMENTAL INDICATORS
In FY95, the RCRA corrective action program will continue efforts to maximize
actual environmental results. Knowing how remediation activities affect the
environmental status of facilities, and being able to track and report this information, is a
vital part of answering Congressional and public concerns regarding the progress of
cleaning up of RCRA facilities and mitigating the threats posed by contaminated releases
from those facilities. In order to better evaluate and track the environmental results that
are achieved by the corrective action program, two new "environmental indicator" events
were recently added to RCRIS. These indicators will supplement the current system for
tracking progress in RCRIS, which heretofore have focused primarily on tracking of
process-oriented events.
The Human Exposures Controlled Determination (CA725) and Groundwater
Releases Controlled Determination (CA750) allow EPA and the States to track and
report human health risk reductions and environmental successes at facilities without
19
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OSWER DIRECTIVE # 9420.00-10
waiting for the entire facility to undergo remediation. The draft guidance and definitions
for the two environmental indicators-are attached.
The environmental indicators are designed to be achievable goals that measure
significant human health and environmental successes. Making determinations that these
environmental indicators have been achieved at facilities should not require exhaustive
documentation or large amounts of resources. In many cases it is expected that these
determinations can be made based on a relatively cursory review of information readily
available to the Region or the State. Accordingly, we are setting the goal of entering
Environmental Indicator data for all facilities that are currently in the pipeline, and for
which enough data is available to make these determinations, by the end of FY 95.
Beginning in FY 96, it is anticipated that these environmental indicators will be tracked
as STARS measures.
It should be noted that at this time the Environmental Indicators are designed
only to track environmental progress where Agency and owner/operator efforts have
succeeded in responding to an actual environmental problem. The indicators are not
intended to address facilities where there is and has been no human exposure risks or
releases to groundwater. A proposal has been submitted to add new status codes for
both CA725 and CA750, to account for these types of situations. However, until these
status codes are incorporated into RCRIS, it is not appropriate to enter environmental
indicator data for such facilities.
FY'95 CORRECTIVE ACTION STARS MEASURES
The FY 95 STARS measures for corrective action will be the same as those
measures in FY 94 (see the FY 94 RIP). As mentioned above, however, it is expected
that the new environmental indicators will become STARS measures in FY 96. The
question of whether the existing process-related STARS measures (e.g., RJ-1 and RJ-2)
will be retained will be addressed in developing the FY 96 RIP. [Note: Regions and
States are invited to submit comments at this time regarding these anticipated changes to
the corrective action STARS measures.]
20
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OSWER DIRECTIVE # 9420.00-10
BIENNIAL REPORTING
BIENNIAL REPORTING SYSTEM (BRS)
In the first quarter of FY'95, States, Regions and Headquarters will finish data
quality assurance of the 1993 Biennial Report data. States should address problems
Headquarters and the Regions identify. States should provide to Regions a complete
biennial report data submission that passes all BRS basic edits. Upon receipt of each
State's complete data, Regions should perform their own data quality checks and work
with each State to correct any identified errors. Regions should provide a final and
complete data submission for each state to Headquarters by December 31, 1994.
* STARS Measure for FY'95
(R/PM-2) Number of States for which the Region provides a final and
complete Biennial Report data submission to Headquarters by
December 31, 1994.
21
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OSWER DIRECTIVE # 9420.00-10
MUNICIPAL SOLID WASTE NATIONAL PRIORITIES
The three national priorities listed in the FY 1994 RIP remain the same for FY
1995. The focus of these priorities has changed, reflecting progress made. These
changes are addressed under each priority.
Enhance the Federal-State/Tribal partnership and foster implementation of the
revised criteria by assisting States/Tribes to develop effective and approvable
permit programs.
Significant progress has been made. Close to 40 States have received tentative or
final approval of their MSWLF permit programs. Several Tribes are in the final stages
of approval. The focus of this priority will vary among the Regions. For example, if all
States in the Region are fully approved, the Region may want to shift resources to the
remaining two priorities (below). If all States in the Region are partially approved, the
Region may want to retain some resources on this priority to focus on those States going
from partial to full. The number of Tribes seeking approval also would impact the
Region's decisions.
Support recycling efforts through market development and procurement
implementation activities.
In a joint effort, the Regions and Headquarters successfully produced a market
development strategy and policy statement titled "Recycling Means Business".
Generally, each Region agreed to focus its market development resources on
implementation of the strategy.- • Discussions on specific actions to implement the strateg>
are ongoing. Each Region will make its own implementation decisions within the
context of the principles agreed to by the Regions and Headquarters.
Encourage source reduction activities among localities, businesses and households
through education, project support, and technical assistance.
The Regions and Headquarters have developed a variety of activities to promote
and implement source reduction. Discussions on how to increase awareness of source
reduction are ongoing. A major focus under this priority is the WasteWi$e program,
including promotion of the program to businesses in the Regions and provision of
technical assistance on source reduction to the businesses who participate.
22
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OSWER DIRECTIVE * 9420.00-10
INDUSTRIAL SOLID WASTE NATIONAL PRIORITIES
Develop a court-ordered rule establishing criteria for industrial solid waste
facilities that accept conditionally exempt small quantity generator (CESQG).
To settle a Sierra Club lawsuit filed in the fall of 1993, this rulemaking is the
industrial solid waste program's highest priority. This rule responds to the same
statutory mandate as the MSWLF criteria. The Regions and States will not be affected
by the rulemaking activity this fiscal year. However, when the rule is promulgated in
July 1996, States will need to seek EPA approval of their programs. To the extent
possible, Headquarters will continue to develop and implement a strategy to address the
broad industrial solid waste universe during FY 1995.
23
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OSWER DIRECTIVE * 9420.00-10
RCRIS DATA MANAGEMENT AND DATA QUALITY PRIORITIES FOR FY 1995
PERMITTING, CLOSURE AND POST-CLOSURE:
Software for new program tracking capability under the Permit Re-design
initiative will be implemented in RCRIS with release 6.0.0 (November, 1994). The
software will .provide capability for Regions and States to track operating and legal status
data on the unit level.
The primary responsibility for Regions and States is to perform file .reviews and
input unit level event, operating and legal status data.
In the spring of 1995 with RCRIS release 6.1.0, national reporting (FOLYs,
STARS, Baseline Performance Measures) will reference the new data structures.
Regions and States should complete all needed validation and updating by June of 1995.
Headquarters will continue to rely on existing Baseline Performance Measures and other
management reports until data validation and updating has been completed.
COMPLIANCE MONITORING AND ENFORCEMENT
In the fall of FY 1995 (November, 1994), RCRIS 6.0.0 will provide enhanced
tracking capability for multi-media inspections, pollution prevention/supplemental
environmental projects, and Combustion related enforcement activity.
Regions and States will be expected to utilize these new capabilities for those
program actions for which they are respectively responsible.
Data for pollution prevention/supplemental environmental projects initiated by
EPA from 1992 through the present should be entered in RCRIS by the end of the
second quarter of FY^1995.
BIF and commercial incinerator violation data for FY 1994 and forward should be
entered by the end of the second quarter of FY 1995. Violation data for .all incinerators
should be captured for activities from the beginning of FY 1995 forward.
s.
CORRECTIVE ACTION
Environmental Indicators elements are being expanded in the fall of FY 1095
(November, 1994). No historical data collection will be required. National reporting
will reference any instances of such activities beginning in the spring release of FY 1995.
24
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OSWER DIRECTIVE #
FY1995
BEGINNING OF YEAR PLAN
INTRODUCTION
PRIORITY RANKING
PERMITTING
CORRECTIVE ACTION
ENFORCEMENT
STATE AUTHORIZATION
P 2
P 3
P 5
PIS
P26
P41
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OSWER DIRECTIVE # 9420.00-10
INTRODUCTION
The purpose of the FY 1995 Beginning of Year Plans (BYPs) is to provide a
description of how the Regions and States are implementing and enforcing the RCRA
program. In particular, Headquarters intends the BYPs to be used for strategic planning
(i.e., by providing information on what States and Regions are planning to accomplish,
both in the near and long term) and to serve as a basis for more timely Headquarters
feedback to the Regions. It is hoped that the FY 1995 BYP will provide EPA the
information it needs to effectively monitor the progress of RCRA program
implementation and enforcement. The BYP also provides EPA with data that enables it
to better communicate the direction and the successes of the RCRA program. The FY
1995 BYP is due to Headquarters by October 31,1994.
GENERAL INSTRUCTIONS FOR COMPLETING PRIORITY RANKINGS, PERMITTING, AND
CORRECTIVE ACTION DATA TABLES
You will find a number of data tables for each program area below. General
instructions applicable to all tables are provided here; instructions applicable only to one
table are provided with the table itself.
• With one exception, the tables in Section II provide for reporting permitting data
broken down according to overall environmental priority.
• Where data are requested for facilities with particular unit types (i.e., land disposal
processes or treatment and storage processes), all facilities with those process types
should be included. We recognize that this will result in double counting of facilities.
• When providing numbers for universes (e.g., number of facilities on permit track,
number of closure plans approved through FY 1994, etc.), please use the RCRIS select
logic used for generating the Baseline Performance Measures (BPM) reports. Use of this
select logic will ensure data consistency across the Regions and will better enable
Headquarters to evaluate the national RCRA program. It will also promote consistency
in reporting of actual program accomplishments and projected program activity.
[Note: Currently, the BPM select logic references the track information in the Program
Management Module of RCRIS. Although the system will be modified in November, 1994,
to allow maintenance of this information in the Permitting Module, we do not anticipate
being able to take advantage of the modification until after June, 1995.]
• Where data are requested for actual program accomplishments in FY 1994, Regions
should provide the data using FY 1994 STARS logic, with the additional step of breaking
the facility counts out by high, medium/low, and unranked overall environmental priority
(Permitting\Closure STARS measures have not changed for FY 1995, however RCRIS
select logic will be modified to be consistent with BPM select logic).
-------
OSWER DIRECTIVE #
I. PRIORITY RANKING
A. STATUS AND STRATEGY
1. Instructions for Completing Table
Indicate the number of facilities in the RCRA universe that have been ranked
and that remain to be ranked using the table below.
TABLE 1: PRIORITY RANKING
oO*ritt'';\
' i •,'•''"
NOtfs«ar^
-, «. -S^v, < -,
X V" ff "•
, ' s ' ^ ' '"
f><-
IJnrankecl***"'"
- """"^ •• „•• jy*f<^
j. % ^ •" •'•'•'•^^
y "•""-.
tOTAli
'"'? %
* f"-. "' S f -,'
"- \jxoA %s
Disposal
Facilities
Incinerating
BIFs
Treatment
and Storage
Facilities
Totals
(Does not include Burners and Industrial Furnaces (BIFs).
""NCAPs only" category means that facilities are ranked for NCAPS but are not ranked for overall
environmental priority.
"Unranked" means not yet ranked for NCAPs nor for overall environmental priority. Facilities should on I.
appear in one of the three categories.
2. Narrative Discussion
If facilities remain to be ranked, either for NCAPS or for overall
environmental priority, please explain your Region's strategy and timetable
for completing the rankings. (Optional update)
Describe your strategy for reevaluating NCAPS and overall facility priorit\
What factors drive your decision to re-rank; what triggers re-ranking?
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OSWER DIRECTIVE # 9420.0*)-10
[Note: For some facilities, new information may become available which could have a
substantial effect on the NCAPS ranking for the facility. It is also possible that a facility's
ranking could change due to stabilization actions or other substantial cleanup actions being
done. Regions and States are encouraged in these cases to re-rank the facility using NCAPS,
and record the- change in priority in RCRIS. Updated NCAPS rankings should be entered as
an additional NCAPS ranking event for a given facility. The date of the new ranking should
be entered. New rankings should not overwrite previous NCAPS rankings. Re-ranking of
facilities will serve to ensure that ranking in the data base reflect the actual environmental
conditions at those facilities.]
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OSWER DIRECTIVE # 9420.00-10
II. PERMITTING
A. PERMITTING STRATEGY
Land Disposal Facilities (LDFs) and Treatment/Storage Facilities (TSFs):
1. Instructions for Completing Tables
For each facility type (i.e., land disposal, treatment and storage),
please provide the following information, broken out by overall
environmental priority, using the tables below:
Number of facilities on operating permit track (using
Baseline Performance Measures select logic);
Number of final permit determinations completed as
of the end of FY 1994 (using FY 1994 STARS logic);"
Projections for FY 1995; and
Estimate of remaining permit universe to be addressed
beyond FY 1995.
As noted earlier, Regions should provide these data broken out by overall
environmental priority rankings.
TABLE 2: PERMITTING -• LDFs
Operaling Permit '"^
_ X -3$fff£*ft^'
Deterramatl^its Completed ;
s;> ftoctia$iWy,94 •• „ -
FY 95 Projections (R/CMa)
Remaining after FY 95
- OveraU Environmental Priority %
TM* > -
Mftdioat/Low i
Unranked
Total
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OSWER DIRECTIVE # 9420.00-10
TABLES: PERMITTING - TSFs
Operating Permit
Universe
Determinations Completed
&rmigh F5W
FY 9& Projecdoiii^R/C-la)
> v
Remaining after FY 95
Overall Environmental Priority
Higfc
f < *
Medium/Low
Unranked
Total
2. Narrative Discussion •-—-
Please provide a narrative discussion of your permitting strategy,
addressing the following issues:
If medium/low overall environmental priority facilities have been
selected for action in FY 1995, what is your rationale for selecting
these facilities (e.g., has a state completed action at all of its high
priority facilities)?
If you are planning to commit substantial resources to activities at
medium or low priority facilities, what plans exist for shifting
activities back to high priority facilities?
• What is your time frame for completing permit issuance for the
TSDFs that will not have permits after FY 1995?
• If you wish to discuss other aspects of your permitting program (e.g.,
permit renewals), please include such discussions in an additional
narrative. (Optional)
Combustion Facilities (Incinerators and BIFs):
1. Instructions for Completing Tables
Implementing the Agency's hazardous waste combustion strategy is a
high priority for FY 95 and must be considered together with other priority
activities. To assist Regions and States in developing their strategic plans
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OSWER DIRECTIVE # 94:0.00-10
for permitting activities, we are providing the following guidance for
determining the priority of combustion facilities, which should be used as a
factor in assigning overall environmental priority rankings.
Regions and States should use the existing flexibility in the ranking
criterion for evaluating overall environmental priority of facilities (from
either an environmental significance or an environmental benefit
perspective) to elevate the priority of appropriate combustion facilities.
The criterion, as set forth in the RIP, provides for assignment of a
qualitative environmental significance ranking for facilities that pose
potential releases that are not evaluated by NCAPS (e.g., combustion
units), as well as for evaluation of environmental benefit stemming from
enhanced regulatory controls to improve hazardous waste management.
For example, if a facility is currently ranked as a medium or low overall
environmental priority, but is a high combustion permitting priority, then a
Region or State could exercise the flexibility in the criterion to elevate its
overall rank.
In completing Table 4 below, you will need to identify your universe
of combustion facilities (incinerators and BIFs) and determine the overall
environmental priority for each facility after considering their combustion
permitting priority. The combustion permitting priorities should be
consistent with those established by the combustion strategy. The strategy
sets the following combustion permitting priorities:
High:
Commercial units in interim status
Medium: Non-commercial units in interim status
Low: New units
In addition, units used for chemical demilitarization, mixed waste
incinerators, and new popping furnaces may be assigned a high, medium.
or low ranking depending on their permit status and on the alternative
methods of storage/treatment available for those wastes. For example, if
the only treatment alternative to permitting a new popping furnace is open
burning/open detonation (OB/OD), then the facility may be assigned a
medium or high rank instead of low. Also, units being built for
remediation purposes may also be ranked medium or high instead of low.
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OSWER DIRECTIVE * 9420.00-10
TABLE 4: PERMITTING -- INCINERATORS AND BIFS
• • -, & * -H ^ \ •>•«••* *v
Operating Permit .AV&4$?'
Universe; 71??^^"^^
Mtaciniwfo^LtKe
- *%^% --'^,-? -
"w nine ^^^s^vv; "1
JSiUPS^ ^^f^wv^i{X $•"
_ * ?^». ^mv^^" ^ i^y*
Betermlnation* completed
through Fit & 'S*^tl
-. ' v -;, s -.-"^ •*•* ;
FT95 Projectlonsj;:^;A?
'- Part B GdWiw>rfe;^
•^ _ -v ^ £•««. -V\V
Commercial \ >v \
" j>i*&# - < -"'>^ -
Non-commercial ••••
. ____— m~-~ "^-^ v --- „
- Tiial Borh« Completed
Comiaet^al'"';^; ^
•. C"^» ^^' ' »v S*
-?- f -5^-*^" > "<' Vv-
Ndtt-^omBierti^;,, %
.-- .. .I...U ...II II I.I lllllll ll¥| II.II..III-' ittUlf
- v,< - t-x^xCu^c-C^
- Permifs UntA^£.:i
Commercial ,;„ :
• & ^sX" X^ff*-5*-1 '£.-"
. Non-commercial V
Remaining after Flfsi
" Combustion Pcarmitttng Priority 1
ffigfe
Medium
tow '
Total
[Note: Headquarters recognizes that BIF information is not easily identifiable in RCRIS:
however, due to the fact that the combustion strategy is a high priority for the Agency,
we are asking Regions to provide these data based on your knowledge of BIF activity in
your Region]
2. Narrative Discussion
Please provide a narrative discussion of your combustion strategy,
addressing the following issues:
Of your projected Part B call-ins for FY 1995, how many are for
incinerators? BIFs?
• After determining your combustion permitting priorities, what
impacts did you observe on overall environmental priority ranking
8
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OSWER DIRECTIVE # 9420.00-10
i.e., how often did overall rankings get elevated as a result of the
combustion permitting priority?
What tradeoffs or changes in levels of permitting activities at non-
combustion facilities (i.e., LDFs or TSFs) do you anticipate in order
to support the new combustion strategy and the initiatives contained
therein?
B. CLOSURE STRATEGY
1. Instructions for Completing Tables
For each facility type (i.e., land disposal, incinerator, burners and
industrial furnaces, treatment and storage), please provide the
following closure information, broken out by overall environmental
priority, using the tables below:
Number of facilities on the closed and closing track
(using Baseline Performance Measures select logic);
Number of closure plans approved through the end of
FY 1994 (using FY 1994 STARS select logic);*
Projections for FY 1995; and
Estimate of remaining closed and closing universe to
be addressed beyond FY 1995.
[Note: In accordance with regulatory requirements for closure, when discussing
closure strategy:
The closed and closing LDF, BIF, and incinerator universes include
facilities where at least one unit at the facility is closed or closing even
though other units at the facility continue to operate. Include in the
closed and closing LDF universe storage and treatment units that are
closing with wastes in place and will need post-closure care.
The closed and closing universe of TSFs includes only those facilities
that have or will conduct final closure of the facility. That is, no units
are planning to continue to operate at the facility.]
As noted earlier, Regions should provide these data broken out by overall
environmental priority rankings.
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OSWER DIRECTIVE # 9420.00-ID
TABLES: CLOSURE -- LDFs
Closed and Closing Universe
(Including Clean Closures)*
Closure Plans Approved*
through FY 94
•f
FY 95 Projections
(R/C-2a)~ *
Remainder to be'Approwd
after *Y 95
Overall Environmental Priority
High
Medium/Low
^
Unranked
Total
At least one unit has closed or mil close.
TABLE 6: CLOSURE - INCINERATORS"
%•'..•' s ^ *"
Closed Bud Closing Universe
(Including. Clean Clftsiires)^
, «"" ' "V., ^ •,..
Closure t:ia»sAp|ttoved;;4:
, throagk FUXu^iH-
FIT 9$ ^B^S^ii; (fc/C^>1'
* ^^S^SyW'1^ ••*' '^^ *" s<
Reraaindet'll;!)* Approved ;
x- Ai.*--'^-SW*~WiT' '-""-''
aJt«r^f1T?5 ^ut-^ ; '- >
Overall Environmental Priority
High
Medium/Low
Unranked
Total
Does not include Burners and Industrial Furnaces (BIFs).
At least one incinerator unit has closed or will close.
10
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OSWER DIRECTIVE #
TABLET: CLOSURE - BIFs
Closed and Closing Universe
(Including Clean Closures)'
Closure Plans Approved -
, through FY 94 ,
FY 95 Projections
Remainder to be Approved
after FT &
I Overall Eiayirtmjneatal Priority
Higfc
: Medium/Low
Unranked
Total
I
All units have closed or will close.
11
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OSWER DIRECTIVE # 9420.00-10
2. Narrative Discussion
Please provide a narrative discussion of your closure strategy for
LDFs (including storage or treatment units closing with wastes in
place), addressing the following issues:
What is your Region's timetable for approving closure plans at all
LDFs?
For those LDF facilities where closure plans have not yet been
approved, what is your schedule and strategy for completing closure
plans at those LDFs without approved closure plans as of FY 1995?
C. POST-CLOSURE STRATEGY
1. Instructions for Completing Tables
Please provide the following information, broken out by overall
environmental priority, using the tables below:
Number of facilities in the post-closure universe* (using
Baseline Performance Measures select logic for closure
universe less facilities that have been certified clean-closed);
Number of post-closure permits issued through the end of FY
1994 (using FY 1994 STARS select logic);" and
Projections for FY 1995.
Post-closure universe means closed and closing universe less certified clean
closures plus storage and treatment units closing with wastes in place.
As noted earlier, Regions should provide these data broken out by overall
environmental priority rankings.
12
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OSWER DIRECTIVE # 9420.00-10
For those facilities where the decision concerning what authority to
use to address post-closure care has not yet been made, what is your
timetable for making these decisions and what criteria are used to
determine the action needed?
D. FY 95 STARS MEASURES
For each measure, provide numerical projections and identify potential facilities
(by name and EPA identification number) to be addressed. Potential facilities
lists may include more facilities than your Region projects for a given measure.
R/C-la Number of RCRA TSDFs to receive final operating permit
determinations during fiscal year (from Tables 2, 3, 4, and 5,
row 3).
R/C-2a Number of RCRA TSDFs to receive closure plan approval
during fiscal year (from Tables 6, 7, 8, and 9, row 3).
R/C-3a Number of post-closure Part B applications called in (from
Table 10, row 3).
R/C-3c Number of post-closure final -determinations (from Table 10,
row 4).
14
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OSWER DIRECTIVE # 9420.1)0-10
III. CORRECTIVE ACTION
PRIORITIZATION
1. Instructions for Completing Tables
Assessments and NCAPS Rankings: Please provide the following
information using the table below:
Universe of facilities subject to corrective action;
[Note: The FY1994 RIP clarifies that while certain types of facilities may be
subject to corrective action, they are not to be considered part of the
subuniverse of these facilities requiring RCRA initial assessments. An example
of such a facility is a TSD that has converted to less than 90-day storage and
has no other regulated units. By policy, the RCRA program has deferred these
facilities to the Superfund program for initial assessments.]
Number of facilities with assessments and NCAPS
prioritizations completed through the end of FY 1994;
Number of facilities projected to be assessed and prioritized
for NCAPS during FY 1995;
Number of facilities remaining to be assessed and prioritized
for NCAPS after FY 1995; and
Assessment and NCAPS prioritization projections for FY
1996. (These projections should equal the number of
assessments and prioritizations that remain after FY 1995.)
[Note: There is a corrective action deadline to assess all TSDs by the end at
FY 96 (see FY 1994 RIP). Headquarters recognizes that new facilities may
enter the TSD universe in FY 95, or FY 96, and will work with the Regions t<>
discuss whether meeting the FY 96 deadline will be feasible for these
facilities.]
15
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-------
-------
OSWER DIRECTIVE # 9420.00- U
TABLE 11: PIPELINE MANAGEMENT PROJECTIONS
Corrective Action
STARS Measures
Stage I
(R/J-la)
Stage II
(R/J-lb)
Stage III (R/J-3)
Stabilization Actions
NCAPS
High
NCAPS
Medium/Lo
High Overall
(Medium/Low
NCAPS)
Stabilization
Evaluations (R/J-2)
Stage I, II, III at High
Overall* (R/J-4)
Please indicate which stage.
TABLE 11A: PIPELINE MANAGEMENT PROJECTIONS FOR ACTIONS
UNDER STATE NON-RCRA AUTHORITIES (OPTIONAL)
NCAPS
High
NCAPS
Medium/Lo
High Overall
(Medium/Low
NCAPS)
Corrective Action
STARS Measures
Stage I
(R/J-la)
Stage II
(R/J-lb)
Stage HI (R/J-3)
Stabilization Actions
Stabilization
Evaluations (R/J-2)
Stage I, II, III at High
Overall" (R/J-4)
Please indicate which stage.
18
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OSWER DIRECTIVE # 942Q.QQ-W
[Note: "State Non-RCRA Authorities" means (1) for non-HSWA authorized States:
any clean-up actions completed fft RCRA facilities, which are considered by the
Region to be analogous to the events in the table above, and which were completed
using a State clean-up authority; (2) for HSWA-authorized States: any clean-up
actions completed at RCRA facilities, which are considered by the State to be
analogous to the events in the table above, and which were completed using a clean-
up authority other than that for which the Region was HSWA-authorized.]
2. FY 95 STARS Measures
For each measure, identify potential facilities (by name and EPA
identification number) to be addressed from the FY 95 Corrective Action
STARS universe. Potential facility lists may include more facilities than
your Region projects for a given measure.
[Note: The FY 95 Corrective Action STARS universe, as well as the universe
for the Baseline Performance Measures for Corrective Action, consists of the
types of facilities listed in the definition of the "Subject to Corrective Action"
universe that we are currently able to obtain from RCRIS. The "Corrective
Action STARS Universe" is currently comprised of: any facility in one or more
of the RCRIS calculated TSD universes (LDF, TSF, and Incineration); any
facility which has Underground Injection (UIC) as a verified Part A process;
and facilities with appropriate operating or closing track data in the Program
Management (PM) module of RCRIS which are not captured in the
calculated TSD universes. The addition of the data from the PM module
should enable STARS measures counts to include facilities which are defined
as "Subject to Corrective Action" and which were not captured previously,
particularly those facilities with: Formerly Permitted Units, Clean
Closed/Closure by Removal Units, Interim Status Units, Illegal Units, Units at
which Interim Status is Terminated, and UICs not previously identified in the
calculated TSD universes. (See "Corrections" in the FY 95 RIP Addendum
for additional information).]
R/J-la Number of RCRA TSD facilities entering Stage I:
Information Collection and Study at high NCAPS priority
facilities.
[Note: Onfy facilities moving into Stage I for the first time should be
included. Activities covered under Stage I include RFI workplan approved
(CA150) and RFI approved (CA200). In addition, facilities must have
received at least one stabilization measures evaluation (CA225) to count for
this measure. Facilities should generally only move into this stage if they are
not feasible candidates for stabilization and are still of high NCAPS priority.]
19
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-------
-------
OSWER DIRECTIVE # 9420.00-10
Qptional Questions
Please provide a discussion of any issues the Region might wish to
raise related to State non-RCRA authority pipeline activities at
RCRA facilities.
Please provide a discussion of any issues or concerns your Region
has had in balancing the many priorities in the corrective action
program (e.g., shifting resources from medium/low NCAPS to high
NCAPS priority facilities, or initiating stabilization activities versus
completing RFAs).
22
-------
c.
OSWER DIRECTIVE* 9420.00-10
STABILIZATION ACTIONS
1. Instructions for Completing Tables
Please provide the following information, broken out by NCAPS priority,
using the tables below:
Number of stabilization actions to be initiated in FY 1995;
Instruments used to implement these actions; and
Types of stabilization actions that are being implemented for each
facility you have indicated will undergo stabilization action this fiscal
year and the anticipated length of time (in months) to carry out the
actions from the initiation of the action until construction is
completed at the facility (CA 600 to CA 650).
TABLE 12: STABILIZATION IMPLEMENTATION
, Number of Stabilization
Actions Projected to te
Initiated in FY 95
Instrument ]E2seavi^)t/Vp%4*oV¥ '•••••
AUULVL££l?tJI
- -, !<\ '- Permit'-'
'SMM?^'^; :^^r'
High NOy S
•'•"' f ff f
Medium/Low
NCAPS
*/, '••'•. ••'-••
•••.'/'- 5
Total
-
Optional
[Note: "State Non-RCRA Authorities" means (1) for non-HSWA authorized States: any
clean-up actions completed at RCRA facilities, which are considered by the Region to be
analogous to the events in the table above, and which were completed using a State clean-up
authority; (2) for HSWA-authorized States: any clean-up actions completed at RCRA
facilities, which are considered by the State to be analogous to the events in the table above.
and which were completed using a clean-up authority other than that for which the Region
was HSWA-authorized.]
23
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-------
-------
OSWER DIRECTIVE # 9420.00-10
IV. ENFORCEMENT
A. ENFORCEMENT RESOURCE ALLOCATION
1. Program Budget Elements
OWPE will provide the appropriate pieces of the FY '95 Regional Enforcement
budget. Also, we will provide the FY '95 §3011 State Grant funds indicating the funds
allotted to each Region.
In Tables 14 and 15, Headquarters is seeking the projected Regional and State
allocation of resources for the three enforcement program elements identified below.
Some of the activities (line items in the current RCRA Enforcement Budget) included in
each major element are identified below; however,the list of activities is not exclusive.
Other activities can fall under these three enforcement elements that are not presently
identified in the RCRA Enforcement budget. Include these additional activities under
the appropriate budget element when making your resource determinations.
The three major elements with some of the associated activities are:
• Compliance Monitoring:
Current Universe Requirements
Newly Regulated Universes
Targeted Enforcement Inspections
Exports/Imports
Geographic Initiatives
State Oversight
• Enforcement:
Current Universe Requirements:
Administrative Actions for Compliance
Technical Assistance for Judicial Cases
Criminal Actions
Newly Regulated Universe
Targeted Enforcement (AOs/Civil/Crim)
Geographic Initiatives
• Elements Outside the Core Program ("Other") include:
State Support and Outreach
Pollution Prevention
Mexican Border
26
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OSWER DIRECTIVE # 'J420.00-10
REGION
It is anticipated in FY '95 that the national RCRA Enforcement budget will not
significantly increase or decrease. Therefore, we are asking the Region to project its
budget for the three identified enforcement program elements.
TABLE 15: PROJECTED REGIONAL ENFORCEMENT BUDGET
Compliance Monitoring
Enforcement
Elements Outside of the Core
Program ("Other")
FFEs
Extramural $
For Elements Outside the Core Program, how much of the FTE and Extramural
resources will be allocated to compliance assistance?
FTE
$$$
For FY 1995, identify and describe any compliance assistance activities being
implemented.
If the Region projects a significant (+ or - 20%) funding change from FY.'94,
please describe this change. What program element(s) is projected to receive the
significant increase in funding and which element(s) had the corresponding decrease?
Describe in terms of the environmental benefit the Region expects to receive because ut
this funding shift.
27
-------
-------
OSWER DIRECTIVE * 'M
B. REGION AND STATE COMPLIANCE MONITORING ACTIVITIES
1. Treatment, Storage and Disposal Facilities
REGION
• For the Region, indicate the number of facilities where compliance monitoring
activities are projected to occur in the fiscal year. Compliance monitoring
activities are defined as ALL activities under RCRIS inspection values, not just
CEIs, CMEs and O&Ms.
• Federal facilities are those identified under the Solid Waste Disposal Act at
§3007 (c), and as incorporated by the Federal Facility Compliance Act.
• State and local facilities are those identified under the Solid Waste Disposal
Act at §3007 (d).
• Commercial facilities are those identified under the Solid Waste Disposal Act
at §3007 (e).
• The Other category is for facilities not listed under federal, state/local or
commercial. This category would include facilities that are new and have never
been inspected, not inspected in FY '94, etc.
• To avoid double counting of facilities, use this hierarchy to count compliance
monitoring activities once, e.g., an inspection planned for an LDF with an
incinerator, credit one activity to the Incinerator column.
1. Incinerators
2. Boilers and Industrial Furnaces
3. LDFs
4. TSFs
TABLE 17: TSDFs PROJECTED TO UNDERGO
COMPLIANCE MONITORING, BY REGION
Federal
State/Local
Commercial
Other
Incinerators
Boiler and
Industrial
Furnaces
LDF
TSF
(Non-Combustion)
29
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OSWER DIRECTIVE # y420.HO-10
STATES (FOR EACH STATE)
. For each State, indicate the number of facilities where compliance monitoring
activities are projected to occur in the fiscal year. Compliance monitoring
activities are defined as ALL activities under RCRIS inspection values, not just
CEIs, CMEs and O&Ms.
. Federal facilities are those identified under the Solid Waste Disposal Act at
§3007 (c), and as incorporated by the Federal Facility Compliance Act.
- State and local facilities are those identified under the Solid Waste Disposal
Act at §3007 (d).
• Commercial facilities are those identified under the Solid Waste Disposal Act
at §3007 (e).
• The Other category is for facilities not listed under federal, state/local or
commercial. This category would include facilities that are new and have never
been inspected, not inspected in FY '94, etc.
• To avoid double counting of facilities, use this hierarchy to count compliance
monitoring activities once, e.g., an inspection planned for an LDF with an
incinerator, credit one activity to the Incinerator column.
1. Incinerators
2. Boilers and Industrial Furnaces
3. LDFs
4. TSFs
Federal
State/Local
Commercial
TABLE 18: TSDFs PROJECTED TO UNDERGO
COMPLIANCE MONITORING, BY STATE
Incinerators
Boiler and
Industrial
Furnaces
LDF
TSF
(Non-Combustion)
30
-------
OSWER DIRECTIVE * 9420.00-10
2. GENERATORS AND TRANSPORTERS
REGION AND STATES
For the Region and States (in aggregate), indicate the number of
generators/transporters where compliance monitoring activities are projected to
occur in the fiscal year. Compliance monitoring activities are defined as ALL
activities under RCRIS inspection values, not just CEIs, CMEs and O&Ms.
• LOGs never inspected are those that have been classified as LQGs in RCRIS
but no CEI has been conducted at that location.
• Other LOGs are those that have received a CEI but the Region or State has
determined an additional CEI is warranted.
• SOGs are identified in RCRIS and the Region or State has determined a CEI
is warranted.
• Non-Notifiers are those owners/operators whose operations might be required
to be regulated under the RCRA program but have never notified.
TABLE 19 GENERATORS AND TRANSPORTERS PROJECTED TO
UNDERGO COMPLIANCE MONITORING
REGIONS
STATES
(AGGREGATE)
LQGs
never
inspected
Other
LQGs
SQGs
Delist.
Transporters
Non-
Notifiers
31
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OSWER. DIRECTIVE # 9420.00-10
2. GENERATORS AND TRANSPORTERS, continued
Narrative Discussion
The Generator universe tends to shift between LQG and SQG depending upon
economic conditions. If this universe shift is commonplace to your Region/State,
describe it and explain its impact.
3. STATE OVERSIGHT ACTIVITIES
REGION
For each STATE in your Region, describe your plan for State oversight, including
the number of inspections. Please use the format as shown. Copy this page as
many times as necessary.
State and Number of Oversight Inspections:
Plan Description:
32
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OSWER DIRECTIVE # 9420.00-10
C. ENFORCEMENT ACTION ACTIVITIES
SUPPLEMENTAL ENVIRONMENTAL PROJECTS (SEPs)
With the increased number of SEPs in consent agreements, what portion of the
Regions overall consent agreement oversight is spent on the SEP requirements?
Is it a burden to ensure compliance with the SEP requirements? Has the Region
found any innovative means to oversee compliance with the SEP requirements?
How does the Region determine waste reduction, required by a SEP, at a facility?
33
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OSWER DIRECTIVE # 9420.00-10
C. ENFORCEMENT ACTION ACTIVITIES, continued
What project costs do the Regions include when mitigating a penalty for a SEP
project? Past costs? Operation and maintenance costs? Capital costs? Other
costs or a combination of costs?
Does the Region have a policy or guidance in place that outlines a ratio for SEP
to penalty reduction? Please describe. If not, does the Region follow the dollar
to dollar ratio recommended by the February 1991 SEP policy?
34
-------
OSWER DIRECTIVE # 9420.00-ID
C. ENFORCEMENT ACTION ACTIVITIES, continued
INITIATIVES
Describe the Region's and each State's participation in multimedia, RCRA
program, Region- and State-specific initiatives, including the name and, where
applicable, the objective of the initiative.
35
-------
OSWER DIRECTIVE it >M:O.HO-i'i
D.
RIP-FLEX
REGION
Describe M*™***™*** from statutorilv mandated activities, describe
specifically where those resources are to be reinvested, and explain wny
this reinvestment provides greater environmental benefit. Make as many
copies of this page as necessary.
Activity Disinvested:
Divestment (number of inspections and FTE):
Use of reinvested resources:
Environmental benefit gained:
36
-------
OSWER DIRECTIVE
D. RIP-FLEX, continued
Describe investments in activities outside of the core compliance
monitoring and enforcement program.
Activity Invested:
Investment (in FTEs and Resources):
Describe the activity:
37
-------
OSWER DIRECTIVE # 94:0.00-i
D. RIP-FLEX continued
STATES (BY INDIVIDUAL STATE)
Describe disinvestments from statutorily mandated activities, describe
specifically where those resources are to be reinvested, and explain why
this reinvestment provides greater environmental benefit. Make as many
copies of this page as necessary.
STATE:
Activity Disinvested:
Divestment (number of inspections and FTEs)
Use of reinvested resources:
Environmental benefit gained:
38
-------
OSWER DIRECTIVE # 0420.00-
D. RIP-FLEX, continued
Describe investments in activities outside of the core compliance
monitoring and enforcement program.
Activity Invested:
Investment (FTEs and resources):
Description of activity:
39
-------
OSWER DIRECTIVE # \M:o.ii«M'
E. OTHER QUESTIONS
Has the Region developed and implemented an enforcement strategy that
integrates environmental justice considerations into the Region's overall
enforcement policies? Please describe.
Does the Region plan to undertake any environmental justice related
projects or initiatives in FY '95? Please describe.
40
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OSWER DIRECTIVE * 9420.00-
IU
V. STATE AUTHORIZATION
A. State Authorization Strategy
1.
Instructions for completing tables
List.the authorized states in your Rejn'on.
For each cluster, list the checklists that each state will likely become
authorized for in FY 1995. Information regarding current authorization
status will be taken from StATS.
TABLE 19: CHECKLISTS AUTHORIZED
CLUSTER
RCRA
Mil
te
••••••^••••••••^
55S5^5I^EMi
Non-
HSWA
i-ra
•^BSHSSSSESSSS^SSSS
-^==sz==
Non*
HSWA
IV-VI
=====:
HSWA I
=====
HSWA II
Bg^===gg==— g!—— i 1.—.
2. Narrative discussion
Please provide a narrative discussion of your authorization strategy for non-
HSWA and HSWA clusters.
Describe the priority the Region is placing on authorizing states for
the non-HSWA clusters and key HSWA rules such as the TC, LDR,
BIF, Corrective Action, and Mixed Waste, and whether
41
-------
OSWER DIRECTIVE * '.
authorization for those rules will be accelerated For the non-
HSWA rules and key HSWA rules that will not be authorized in h Y
1995, please provide projections on when your States will obtain
authorization.
Describe any steps that have already been taken or are planned in
FY 1995 to enhance state capability to assume and implement the
RCRA program, particularly for the HSWA clusters, and any other
areas where capability may be lacking. Describe any existing or
planned worksharing arrangements with your states.
Describe any innovative approaches to authorization or state grants
that are being pursued in FY 1995.
42
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OSWER DIRECTIVE NO. 9541.00-30
SPA 14
APPENDIX - A
TABLE G-1. LIST OF REVISION CHECKLISTS BY CLUSTER
_ Through June 30, 1993
Revision
Checklist
Number
Federal Requirement
HSWA or FR
Reference
Promul-
gation or
HSWA
Date
Non-HSWA Requirements prior to Non-HSWA Cluster I (January 26, 1983 - June 30,
after the promulgation date of the final rule^)
1984; Due Date - one year
1
2
3
6
7
8
15
1
2
3
t6
t8
Biennial Report (See Revision Checklist 30)
Permit Rules; Settlement Agreement
Interim Status Standards; Applicability (See
Revision Checklist 10 in Non-HSWA Cluster I)
Chlorinated Aliphatic Hydrocarbon Listing
(F024)
National Uniform Manifest (See Revision
Checklists 17 D & 32 in HSWA Cluster I)
Permit Rules; Settlement Agreement
Warfarin and Zinc Phosphide Listing
Lime Stabilized Pickle Liquor Sludge
48 FR 3977
48 FR 39611
48 FR 52718
49 FR 5308
49 FR 10490
49 FR 17716
49 FR 19922
49 FR 23284
15 Interim Status Standards for Treatment,
Storage, and Disposal Facilities
50 FR 16044
iar I
1/28/83
9/1/83
11/22/83
2/10/84
3/20/84
4/24/84
5/10/84
6/5/84
Non-HSWA Cluster I (July 1, 1984 - June 30 1985; Due Date
Al
9
10
11
12
13
13.1
t9
10
11
t12
13
(13)37
State Availability of Information
Household Waste
Interim Status Standards; Applicability
Corrections to Test Methods Manual
Satellite Accumulation
Definition of Solid Waste
[Definition of Solid Waste; Correction (Included
on Revision Checklist 13 in Non-HSWA Cluster
I)]
• July 1, 19862/)
HSWA §3006(f)
49 FR 44978
49 FR 46094
49 FR 47390
49 FR 49568
50 FR 614
50 FR 14216
|
— J
11/8/84
11/13/84
11/21/84
12/4/84
12/20/84
1/4/85
4/11/85
4/23/85
43
Continued ..
LIST14 -3/30/94 [?•-•..-_- •• .-;•-)
-------
28N
29
28N.1
26.1
35
36
37
OSWER DIRECTIVE NO. 9541.00-20
TABLE G-1. LIST OF REVISION CHECKLISTS BY CLUSTER (cont'd) SPA 14
Through June 30, 1993
StATS^
Rule
Code
SSSi HSWA or FR
Number Federal Requirement Reference
Promul-
gation or
HSWA
Date
13.2
24
26
MW
27
Non-HSWA Ouster II (July 1. 1985 - June 30, 1986; Due Date - July 1
(13) [Definition of Solid Waste; Correction (Included
on Revision Checklist 13 in Non-HSWA Cluster
I)]
24 Financial Responsibility; Settlement Agreement
(See Revision Checklist 24 (Amended) in Non-
HSWA Cluster VI)
|26 Listing of Spent Pickle Liquor (K062)
Non-HSWA Cluster III (July 1, 1986 - June 30. 1987; Due Date - July
Radioactive Mixed Waste (See SPA 2)
f27*/ Liability Coverage;. Corporate Guarantee (See
. 198727)
50 FR 33541
51 FR 16422
51 FR 19320
1, 198817)
51 FR 24504
51 FR 25350
8/20/85
5/2/86
5/28/86
7/3/86
7/11/86
Revision Checklist 43 in Non-HSWA Cluster IV)
28 Standards for Hazardous Waste Storage and
Treatment Tank Systems (Certain sections
superseded by 53 FR 34079, see Revision
Checklist 52 in Non-HSWA Ouster V; also see
Revision Checklist 28 in HSWA Cluster I)
29 Correction to Listing of Commercial Chemical
Products and Appendix VIII Constituents
(Completely superseded by 53 FR 13382; use
Revision Checklist 46 in Non-HSWA Cluster IV
to replace this checklist)
(28) [Standards for Hazardous Waste Storage and
Treatment Tank Systems; Correction (Included
on Revision Checklist 28 in Non-HSWA Cluster
III)]
(26) [Listing of Spent Pickle Liquor; Correction
(Included on Revision Checklist 26 in Non-
HSWA Cluster II)]
35 Revised Manual SW-846; Amended
Incorporation by Reference
36 Closure/Post-Closure Care for Interim Status
Surface Impoundments
37 Definition of Solid Waste; Technical Corrections
44
51 FR 25422
51 FR 28296
7/14/86
8/6/86
51 FR 29430
51 FR 33612
52 FR 8072
52 FR 8704
52 FR 21306
LIST14.3/30/94 |
8/15/86
9/22/86
3/16/87
3/19/87
6/5/87
Continued...
-------
38
OSWER DIRECTIVE NO. 3541.00-20
TABLE G-1. LIST OF REVISION CHECKLISTS BY CLUSTER (cont'd) SPA 14
Through June 30, 1993
StATS3/
Rule
Code
Revision
Checklist
Number Federal Requirement
HSWA or FR
Reference
Promul-
gation or
HSWA
Date
38 Amendments to Part B Information
Requirements for Land Disposal Facilities
52 FR 23447
6/22/87
Non-HSWA Cluster IV (July 1. 1987 - June 30, 1988; Due Date - July 1, 1989^)
40
41
26.2
38.1
43
45
24.1
46
40 List (Phase 1) of Hazardous Constituents for
Ground-water Monitoring
41 Identification and Listing of Hazardous Waste
(26) [Spent Pickle Liquor from Steel Finishing
Operations (See footnote 1, Revision Checklist
26 in Non-HSWA Cluster II)]
(38) [Development of Corrective Action Programs
After Permitting Hazardous Waste Land
Disposal Facilities; Corrections (Included on
Revision Checklist 38 in Non-HSWA Cluster III)]
f43*/ Lability Requirements for Hazardous Waste
Facilities; Corporate Guarantee (See Revision
Checklist 27 in Non-HSWA Cluster III)
45 Hazardous Waste Miscellaneous Units
(See Revision Checklist 59 in Noin-HSWA V for
technical corrections)
(24) [Standards Applicable to Owners and
Operators of Hazardous Waste Treatment,
Storage, and Disposal Facilities; Closure/Post-
Closure and Financial Responsibility
Requirements (Included on Revision Checklist
24 in Non-HSWA Cluster II)]
46 Technical Correction; Identification and Listing
of Hazardous Waste (Entirely supersedes
Revision Checklist 29 in Non-HSWA Cluster III)
52 FR 25942
52 FR 26012
52 FR 28697
52 FR 33936
52 FR 46946
53 FR 7740
53 FR 13382
7/9/87
7/10/87
8/3/87
9/9/87
52 FR 44314 11/18/87
12/10.87
3 10 88
4 22 -,3
45
LJST14-3/30/94
-------
49
52N
53
OSWER DIRECTIVE NC 9541.00-20
TABLE G-1. LIST OF REVISION CHECKLISTS BY CLUSTER (cont'd) SPA 14
Through June 30, 1993
StATS37
Rule
Code
Revision
Checklist
Number Federal Requirement
HSWA or FR
Reference
Promul-
gation or
HSWA
Date
Non-HSWA Cluster V (July 1, 1988 - June 30.
1969; Due Date - July 1. 1 990*0
f49
52
53
54
55
54.1
56
57
58
59
t54
55
(54)
f56
f57
|58
59
Identification and Listing of Hazardous Waste;
Treatability Studies Sample Exemption
See Revision Checklist 113, Consolidated
Liability Requirements, in RCRA Cluster III
(formerly withheld Revision Checklist 51)
Hazardous Waste Management System;
Standards for Hazardous Waste Storage and
Treatment Tank Systems (Supersedes certain
portions of Revision Checklist 28 in Non-HSWA
Cluster III; also see Revision Checklist 52 in
HSWA Cluster II)
Identification and Listing of Hazardous Waste;
and Designation, Reportabie Quantities, and
Notification
Permit Modifications for Hazardous Waste
Management Facilities
Statistical Methods for Evaluating Ground-Water
Monitoring Data from Hazardous Waste
Facilities
[Permit Modifications for Hazardous Waste
Management Facilities (Included on Revision
Checklist 54 in Non-HSWA Cluster V)l
Identification and Listing of Hazardous Waste;
Removal of Iron Dextran from the List of
Hazardous Wastes
Identification and Listing of Hazardous Waste;
Removal of Strontium Sulfide from the List of
Hazardous Wastes
Standards for Generators of Hazardous Waste;
Manifest Renewal
Hazardous Waste Miscellaneous Units;
Standards Applicable to Owners and Operators
(Technical correction to Revision Checklist 45
in Non-HSWA Cluster IV)
53 FR 27290
53 FR 33938
53 FR 34079
53 FR 35412
53 FR 37912
53 FR 39720
53 FR 45089
54 FR 615
7/19/88
9/1/88
9/2/88
9/13/88
9/28/88
10/11/88
53 FR 41649 10/24/88
53 FR 43878 10/31/88
53 FR 43881 10/31/88
11/8/88
1/9/89
46
Continued
LJST14 - 3/30/94
-------
TABLE G-1. LIST OF REVISION CHECKLISTS BY CLUSTER
Through June 30, 1993
Modifications of Hazardous Waste Management
Permits; Procedures for Post-Closure Permitting
StATS-V
Rule
Code
60
61
Revision
Checklist
Number
60
t61
Federal Requirement
Amendment to Requirements for Hazardous
Waste Incinerator Permits
Changes to Interim Status Facilities for
HSWA or FR
Reference
54 FR 4286
54 FR 9596
Promul-
gation or
HSWA
Date
1/30/89
3/7/89
Non-HSWA Ouster VI (July 1. 1989 • June 3D. 1990; Due Date - July 1. 1991-?/)
64
65
67
65
67
70
(70)
(70)
Delay of Closure Period for Hazardous Waste
Management Facilities
Mining Waste Exclusion I
Testing and Monitoring Activities
Changes to Part 124 Not Accounted for by
Present Checklists
Environmental Permit Regulations; RCRA
Hazardous Waste; SDWA Underground
Injection Control; CWA National Pollutant
Discharge Elimination System; CWA Section
404 Dredge or Fill Programs; and CAA
Prevention of Significant Deterioration (See
Revision Checklist 70 in Non-HSWA Ouster VI)
Hazardous Waste Management System; Permit
Program; Requirements for Authorization of
State Programs; Procedures for
Decisionmaking; Identification and Listing of
Hazardous Waste; Standards for Owners and
Operators of Hazardous Waste Storage,
Treatment, and Disposal Facilities; Interim
Status Standards for Owners and Operators of
Hazardous Waste Storage, Treatment, and
Disposal Facilities; Correction (See Revision
Checklist 70 in Non-HSWA Cluster VI)
54 FR 33376 8/14/89
54 FR 36592
54 FR 40260
48 FR 14146
48 FR 30113
9/1/89
9/29/89
4/1/83
6/30/83
47
Cor;.n,e
LIST14 - 3/30/94 ;=•
-------
24A
71
72
73
76
78N
OSWER DIRECTIVE NO. 9541.00-20
TABLE G-1. LIST OF REVISION CHECKLISTS BY CLUSTER (confd) SPA 14
Through June 30,1993
StATS-1/
Rule
Code
Revision
Checklist
Number Federal Requirement
HSWA or FR
Reference
Promul-
gation or
HSWA
Date
(70) Underground Injection Control Program;
Hazardous Waste Disposal Injection
Restrictions; Amendments to Technical
Requirements for Class I Hazardous Waste
Injection Wells; and Additional Monitoring
Requirements Applicable to All Class I Wells
(See Revision Checklist 70 in Non-HSWA
Cluster VI)
(70) Safe Drinking Water Act; National Drinking
Water Regulations; Underground Injection
Control Regulations; Indian Lands (See
Revision Checklist 70 in Non-HSWA Ouster VI)
(70) National Pollutant Discharge Elimination System
Permit Regulations (See Revision Checklist.70
in Non-HSWA Cluster VI)
2&1 Financial Responsibility; Settlement Agreement;
(Amended) Correction (See Revision Checklist 64 and
footnote 4 of this table)
71 Mining Waste Exclusion II
f72 Modifications of F019 Listing
73 Testing and. Monitoring Activities;
Technical Corrections
f76 Criteria for Listing Toxic Wastes;
Technical Amendment
78s/ Land Disposal Restrictions for Third
Third Scheduled Wastes (See Revision
Checklist 78 in HSWA Ouster II)
53 FR 28118 7/26/88
53 FR 37396
54 FR 246
55 FR 25976
55 FR 18726
55 FR 22520
9/26/88
1/4/89
6/26/90
55 FR 2322 1,'23/90
55 FR 5340 2/14/90
55 FR 8948 3,-9.;90
5/4 '90
6 i 90
HSWA Cluster I (November 8.1984 - June 30.1987; Due Date - July 1. 1986?)
SR1
SR2
BB
CP
t
t
Existing and newly regulated
surface impoundments
Variance under §3005(j)(2)-(9) and (13)
Exceptions to the Burning and Blending of
Hazardous Waste
Hazardous and Used Oil Fuel Criminal Penalties
HSWA
§30050(1 )&(6)
HSWA §3005(j)(2)-(9)
HSWA §3004(q)(2)(A)
§3004(r)(2)&(3)
HSWA §3006(h)
§3008(d) §3014
48
LIST14 - 3/30/94
-------
TABLE 0.1. LIST OF REVtSION CHECKUSTS BY CLUSTER
Through June 30, 1993
"°
StATS-V
Rule
Code
Revision
Checklist
Number Federal Requirement
HSWA or FR
Reference
Promul-
gation or
HSWA
Date
NOT DELEGABLE57
14 14
16
16
SI
HSWA Date of Enactment Provisions (See
Revision Checklists 17 A - S in HSWA Cluster I)
Direct Action Against Insurers
Dioxin Waste Usting and Management
Standards
Fuel Labeling (See Revision Checklist 17 K in
HSWA Ouster I)
Paint Filter Test (See Revision Checklist 25 in
HSWA Cluster I)
Prohibition of Liquids in Landfills (See Revision
Checklist 17 F in HSWA Ouster!)
Expansions During Interim Status - Waste Piles
(See Revision Checklist 17 P in HSWA Ouster
I)
Expansions During Interim Status - Landfills and
Surface Impoundments (See Revision Checklist
17 P in HSWA Ouster I)
Sharing of Information With the Agency for
Toxic Substances and Disease Registry
Numerous 11/8/84
HSWA§3004(t) 11/8/84
50 FR 1978 1/14/85
HSWA §3004 (r)(1) 2/7/85
50 FR 18370 4/30/85
HSWA §3004(c) 5/8/85
HSWA §3015(a) 5/8/85
HSWA §3015(b) 5/8/85
HSWA§3019(b) 7/15/85
49
UST14 - 3/30/94 7.
-------
OSWER DIRECTIVE NO. 9541.00-20
TABLE G-1. LIST OF REVISION CHECKLISTS BY CLUSTER (confd) SPA 14
Through June 30,1993
StATS37
Rule
Code
Revision
Checklist
Number Federal Requirement
HSWA orJFR
Reference
Promul-
gation or
HSWA
Date
17
17A
17B
17C
170
17E
17F
17G
17H
171
17J
17K
17L
17M
17N
17O
17P
17Q
17R
17S
HSWA Codification Rule (See Revision
Checklist 44 in HSWA Cluster II)
17 A - Small Quantity Generators (Superseded
by 51 FR 10146. see Revision Checklist
23 in HSWA Cluster I)
17 B- Delisting
17 C- Household Waste
17 D - Waste Minimization (See Revision
Checklist 32 in HSWA Ouster I)
17 E - Location Standards for Salt Domes,
Salt Beds, Underground Mines and
Caves
17 F - Liquids in Landfills (See Revision
Checklist 25 in HSWA Ouster I)
17 G - Dust Suppression
17 H- Double Liners
17 I - Ground-Water Monitoring
17 J - Cement Kilns
17 K - Fuel Labeling (Superseded by 51 FR
49164, see Revision Checklist 19 in
HSWA Cluster I)
17 L - Corrective Action
17 M - Pre-construction Ban
17 N - Permit Life
17 O - Omnibus Provision
17 P - Interim Status
17 Q - Research and Development Permits
17 R - Hazardous Waste Exports (Superseded
by 51 FR 28644. see Revision Checklist
31' in HSWA Ouster I)
17 S - Exposure Information
50 FR 28702
18
19
20
18 Listing of TDI. TDA, DNT
19 Burning of Waste Fuel and Used Oil Fuel in
Boilers and Industrial Furnaces
20 Listing of Spent Solvents
(20) (Listing of Spent Solvents; Correction (Included
on Revision Checklist 20)]
50 FR 42936
50 FR 49164
50 FR 53315
51 FR 2702
10/23-85
11/29.85
12.31,85
1 21 86
50
LIST14 - 3/30/9-1
-------
OSWER DIRECTIVE NO, 3541 QQ-20
TABLE G-1. LIST OF REVISION CHECKLISTS BY CLUSTER (cont'd) SPA t4
Through June 30, 1993
StATS-1/
Rule
Code
21
22
23
Revision
Checklist
Number
21
22
23
- .....
Federal Requirement
Listing of EDB Waste
Listing of Four Spent Solvents
Generators of 100 to 1000 kg Hazardous Waste
HSWA or FR
Reference
51 FR 5327
51 FR 6537
51 FR 10146
Promul-
gation or
HSWA
Date
2/13/86
2/25/86
3/24/86
Ouster II)
25 25 Codification Rule; Technical Correlation (Paint
Filter Test)
28H 28 Standards for Hazardous Waste Storage and
Treatment Tank Systems (Certain sections
superseded by 53 FR 34079, see Ftevision
Checklist 52 in HSWA Cluster II; also see
Revision Checklist 28 in Non-HSWA Cluster III)
30 30 Biennial Report; Correction
31 31 Exports of Hazardous Waste (See Revision
Checklist 48 in HSWA Ouster II)
28H.1 (28) [Standards for Hazardous Waste Storage and
Tank Systems; Corrections (See Revision
Checklist 28 in HSWA Cluster I)]
32 32 Standards for Generators; Waste Minimization
Certifications
33 33 Listing of EBDC
34 34 Land Disposal Restrictions (Certain sections
superseded by 52 FR 25760 and 53 FR 31138.
see Revision Checklists 39 & 50 in HSWA
Cluster II, and SPAs 4 & 6)
19-1 (19) [Burning of Waste Fuel and Used Oil Fuel in
Boilers and Industrial Furnaces; Technical
Corrections (Included on Revision Checklist 19
in HSWA Cluster I)]
34.1 (34) [Land Disposal Restrictions; Corrections
(Included on Revision Checklist 34 in HSWA
Ouster I)]
17B.1 (17 B) [Hazardous Waste Management System:
Requirements of Ruiemaking Petitions (Included
on Revision Checklist 17 B in HSWA Cluster I)]
51 FR 19176 5/28/86
51 FR 25422 7/14/86
51 FR 28556 8/8/86
51 FR 28664 8/8/86
51 FR 29430 8/15/86
51 FR 35190 10/1/86
51 FR 37725 10/24/86
51 FR 40572 11/7/86
52 FR 11819 4/13/87
52 FR 21010 6/4/87
54 FR 27114 6/27/89
51
Continued...
LIST14 - 3/30/94 [o- -K- 5 1 ?-;
-------
OSWER DIRECTIVE NO. S541.00-20
TABLE G-1. LIST OF REVISION CHECKLISTS BY CLUSTER (confd) SPA 14
Through June 30, 1993
•-^^•» I "•"
StATS^
Rule
Code
•MMMMMMMMIM
Revision
Checklist
Number
HSWA Cluster II
Federal
Requirement
(July 1, 1987 - June 30, 1990;
HSWA or FR
Reference
Due Date- July 1, 1991J)
Promul-
gation or
HSWA
Date
39
42
39.1
44A
44B
44C
44D
44E
44F
44G
47
48
50
52H
39 California List Waste Restrictions (See Revision
Checklist 34 and SPA 4; certain sections
superseded by 53 FR 31138, see Revision
Checklist 50, in HSWA Ouster II. and SPA 6)
42 Exception Reporting for Small Quantity
Generators of Hazardous Waste (See Checklist
23 in HSWA Cluster I)
(39) [Test Methods for Hazardous Waste covered by
the Land Disposal Restrictions (Included on
Revision Checklist 39 in HSWA Ouster ll)l
44 HSWA Codification Rule 2 (See Revision
Checklist 17 in HSWA Cluster I)
44 A - Permit Application Requirements
Regarding Corrective Action
44 B - Corrective Action Beyond Facility
Boundary
44 C - Corrective Action for Injection Wells
44 D • Permit Modification
44 E - Permit as a Shield Provision
44 F - Permit Conditions to Protect Human
Health and the Environment
44 G - Post-Closure Permits
47 Identification and Listing of Hazardous Waste;
Technical Correction (Corrects Revision
Checklist 23 in HSWA Cluster I)
48 Farmer Exemptions; Technical Corrections
(Corrects Revision Checklist 31 in HSWA
Cluster I)
50 Land Disposal Restrictions for First Third
Scheduled Wastes (See Revision Checklist 62
in HSWA Cluster II)
52 Hazardous Waste Management System;
Standards for Hazardous Waste Storage and
Treatment Tank Systems (Supersedes certain
portions of Revision Checklist 28 in HSWA
Cluster I; also see Revision Checklist 52 in Non-
HSWA Cluster V)
52 FR 25760 7/8/87
52 FR 35894 9/23/87
52 FR 41295 10/27/87
52 FR 45788 12/1/87
53 FR 27162 7/19/88
53 FR 27164 7/19/88
53 FR 31138 8/17/88
53 FR 34079 9/2/88
52
Continued
LISTU - 3/30/94 (Pnntea 5.7 3
-------
50.1
62
66.1
79
74.1
OSWER DIRECTIVE NO 9541 00-20
TABLE G-1. LIST OF REVISION CHECKLISTS BY CLUSTER (cont'd) SPA 14
Through June 30, 1993
StATS-1'
Rule
Code
Revision
Checklist
Number Federal Requirement
HSWA or FR
Reference
Promul-
gation or
HSWA
Date
63
66
68
69
74
75
77
78H
63
66
68
69
74
75
77
78s'
(50) [Land Disposal Restrictions (Included on
Revision Checklist 50 in HSWA Cluster II)]
62 Land Disposal Restriction Amendments to First
Third Scheduled Wastes (amends portions of
Revision Checklist 50 in HSWA Cluster II)
Land Disposal Restrictions for Second Third
Scheduled Wastes
Land Disposal Restrictions; Correction to the
First Third Scheduled Wastes
ReportaWe Quantity Adjustment Methyl
Bromide Production Wastes
Reportable Quantity Adjustment
Toxicity Characteristic Revisions
Listing of 1,1-Dimethylhydrazine
Production Wastes
HSWA Codification Rule; Double Liners;
Correction
Land Disposal Restrictions for Third
Third Scheduled Wastes (See Revision
Checklist 78 in Non-HSWA Cluster VI)
(66) [Land Disposal Restrictions; Correction
(Included on Revision Checklist 66 in HSWA
Cluster II)]
79 Hazardous Waste Treatment, Storage,
and Disposal Facilities-Organic
Air Emission Standards For Process
Vents and Equipment Leaks (See Revision
Checklist 87 in RCRA Cluster I)
(74) [Toxicity Characteristics Revisions;
Correction (Included on Revision Checklist 74
in HSWA Cluster II)]
54 FR 8264 2/27/89
54 FR 18836
55 FR 23935
55 FR 26986
5/2/89
54 FR 26594 6/23/89
54 FR 36967 9/6/89
54 FR 41402 10/6/89
54 FR 50968 12/11/89
55 FR 11798 3/29/90
55 FR 18496 5/2/90
55 FR 19262 5/9/90
55 FR 22520 6/1/90
6/13/90
55 FR 25454 6/21/90
6/29/90
53
Continued
LIST14 - 3/30/94 :P. ~...; i v
-------
OSWER DIRECTIVE NO. 9541.00-20
TABLE G-1. LIST OF REVISION CHECKLISTS BY CLUSTER (cont'd) SPA 14
Through June 30, 1993
StATS-1/
Rule
Code
Revision
Checklist
Number
Federal Requirement
HSWA orjFR!
Reference
Promul-
gation or
HSWA
Date
80
81
82
81.1
83
80.1
84
85
86
80.2
87
88
RCRA
t80
81
82
(81)
83
(80)
t84
85
86*
.(80)
87
t88
Ouster I (July 1, 1990 - June 30, 1991; Due Date
Toxictty Characteristic; Hydrocarbon Recovery
Operations (HSWA)
Petroleum Refinery Primary and Secondary
On/Water/Solids Separation Sludge Listings
(F037 and F038) (See Revision Checklist 81)
(HSWA)
Wood Preserving Listings (HSWA/Non-HSWA)
[Petroleum Refinery Primary and Secondary
Oil/Water/Solids Separation Sludge Listings;
Correction (Included on Revision Checklist 81,
RCRA Cluster I)]
Land Disposal Restrictions for Third
Third Scheduled Wastes; Technical Amendment
(HSWA)
[Toxicity Characteristic; Hydrocarbon Recovery
Operations (Included on Revision Checklist 80
in RCRA Ouster I)]
Toxicity Characteristic; Chlorofluoro-
carbon Refrigerants (HSWA)
Burning of Hazardous Waste in Boilers and
Industrial Furnaces (HSWA/Non-HSWA)
Removal of Strontium Sulfide From the List of
Hazardous Waste; Technical Amendment (Non-
HSWA)
[Toxicity Characteristic; Hydrocarbon Recovery
Operations (See Revision Checklist 80 in RCRA
Cluster I)]
Organic Air Emission Standards for Process
Vents and Equipment Leaks; Technical
Amendment (See Revision Checklist 79 in
HSWA Ouster II) (HSWA)
Administrative Stay for K069 Listing (Non-
HSWA)
- July 1 1992s7)
55 FR 40834
55 FR 46354
55 FR 50450
55 FR 51707
56 FR 3864
56 FR 3978
56 FR 5910
56 FR 7134
56 FR 7567
56 FR 13406
56 FR 19290
56 FR 19951
10/5/90
11/2/90
12/6/90
12/17/90
01/31/91
02/01/91
02/13/91
02/21/91
02/25/91
04/02/91
04/26/91
05/01/9
54
Continued..
L.IST14 - 3/30/94 [Prmtea. 5-3 C--
-------
TABLE Q-i. LIST OF REVISION CHECKLISTS BY CLUSTER
Through June 30, 1993
* N°
StATS-1/
Rule
Code
89
90
91
Revision
Checklist
Number
f89
90
t91
RCRA
Federal Requirement
Revision to F037 and F038 Listings (See
Revision Checklist 81 in RCRA Cluster I)
(HSWA)
Mining Exclusion III (Non-HSWA)
Administrative Stay for F032. F034, and F035
Listings (HSWA/Non-HSWA)
Cluster ii (July 1, 1991 - June 30, 1SI92; Due Date
HSWA or£R
Reference
56 FR 21955
56 FR 27300
56 FR 27332
- July 1. 1993^)
Promul-
gation or
HSWA
Date
05/13/91
06/13/91
06/13/91
92
94
95
96
97
98
99
100
101
102
92 Wood Preserving Listings; Technical
Corrections (HSWA/Non-HSWA)
See Revision Checklist 113, Consolidated
Liability Requirements, in RCRA Cluster III
(formerly withheld Revision Checklist 93)
94 Burning of Hazardous Waste in Boilers and
Industrial Furnaces; Corrections and Technical
Amendments I (HSWA/Non-HSWA)
95 Land Disposal Restrictions for Electric Arc
Furnace Dust (K061) (HSWA)
96 Burning of Hazardous Waste in Boilers and
Industrial Furnaces; Technical Amendments II
(HSWA/Non-HSWA)
97 Exports of Hazardous Waste; Technical
Correction (HSWA)
f98 Coke Ovens Administrative Stay (HSWA)
f99 Amendments to Interim Status Standards for
Downgradient Ground-Water Monitoring Well
Locations (Non-HSWA)
100 Liners and Leak Detection Systems for
Hazardous Waste Land Disposal Units
(HSWA/Non-HSWA)
1101 Administrative Stay for the Requirement That
Existing Drip Pads be Impermeable
(HSWA/Non-HSWA)
102 Second Correction to the Third Third Land
Disposal Restrictions (HSWA)
56 FR 30192
56 FR 30200
56 FR 41164
56 FR 42504
56 FR 43704
56 FR 43874
56 FR 66365
57 FR 3462
57 FR 5859
57 FR 8086
07/01/91
07/01/91
56 FR 32688 07/17/91
08/19/91
08/27 91
09 04 SI
09 C-5 91
12 23 31
55
LIST14 - 3/30/SJ
-------
OSWER DIRECTIVE NO. 3541 00-2
TABLE G-1. LIST OF REVISION CHECKLISTS BY CLUSTER (cont'd) SPA
Through June 30,1993
StATS37
Rule
Code
103
104
105
106
107
108
109
110
111
112
113
113.1
113.2
114
115
4 4f
Revision
Checklist
Number
103
f104
f105
106
RCRA
t107
108
109
110
111
112
113
(113)
(113)
(113)
114
115
•ne
HSWA or FR
Federal Requirement Reference
Hazardous Debris Case-by-Case Capacity
Variance (HSWA)
Oil Filter Exclusion (HSWA)
Recycled Coke By-Product Exclusion (HSWA)
Lead-Bearing Hazardous Materials Case-by-
Case Capacity Variance (HSWA)
Ouster III (July 1, 1992 - June 30, 1993; Due Date - July 1,
Used Oil Filter Exclusion Corrections (HSWA)
Toxicity Characteristic Revisions (HSWA)
Land Disposal Restrictions for Newly Listed
Waste and Hazardous Debris (HSWA)
Coke-By-Products Listings (HSWA)
Boilers and Industrial Furnaces; Technical
Amendment III (HSWA/Non-HSWA)
Recycled Used Oil Management Standards
(HSWA/Non-HSWA)
Consolidated Liability Requirements:
Financial Responsibility for Third-Party Liability.
Closure, and Post-Closure (Non-HSWA)
Liability Coverage (Non-HSWA) (formerly
withheld Revision Checklist 51)
Liability Requirements; Technical Amendment
(Non-HSWA) (formerly withheld Revision
Checklist 93)
Boilers and Industrial Furnaces; Technical
Amendment IV (HSWA)
Chlorinated Toluenes Production Waste Listing
(HSWA)
Ha-»arrinns Soil Case-bv-Case Capacity
57 FR 20766
57 FR 21524
57 FR 27880
57 FR 28628
19942/)
57 FR 29220
57 £E 30657
57 fB 371 94
57 FR 37284
571^38558
57 FR 41 566
57 FR 42832
53 FR 33938
56 FR 30200
57 .FR 44999
57 FR 47376
57 FR 47772
Promul- 1
gation or 1
HSWA 1
Date 1
05/15/921
I
05/20/921
06/22/921
06/26/921
j
3
07/01/93
07/10/93
08/18/93
I
08/18/93
08/25/93
I
09/10/93
9/16/93
9/V8J
7/1/9
09/30/9
10/15/9!
10/20/9
Variance (HSWA)
56
Continued
LIST14 - 3/30/94 [P-tes 5 :•
-------
OSWER DIRECTIVE NO. 9541 00-20
TABLE G-1. LIST OF REVISION CHECKLISTS BY CLUSTER (cont'd) SPA U
Through June 30,, 1993
StATS-1/
Rule
Code
117A
117A.1
117A.2
117B
118
119
120
119.1
121
122
Revision
Checklist
Number
t117 A
(117 A)
(1.1 7 A)
(117 A)
117B
118
f119
120
•t(119P
f121
122
Federal Requirement
Reissuance of the "Mixture" and "Dsrrved-From"
Rules (Non-HSWA/HSWA)
"Mixture" and "Derived-From" Rules; Response
to Court Remand
"Mixture" and "Derived-From" Rules; Technical
Correction
"Mixture" and "Derived-From" Rules; Final Rule
Toxicity Characteristic Amendment (HSWA)
Liquids in Landfills II (HSWA)
Toxicity Characteristic Revision; TCI JP
Correction (HSWA)
Wood Preserving; Amendments to Listings and
Technical Requirements (HSWA/Non-HSWA)
J?
[Toxicity Characteristic Revision; TCLP
Correction (included on Revision Checklist 119
in RCRA Cluster III)]
Corrective Action Management Units and
Temporary Units (HSWA)
Recycled Used Oil Management Standards;
HSWA or £R
Reference
57 £R 7628
57 FR 23062
57 FR 49278
57 FR 23062
57 £R 54452
57 £R 551 14
57 FR 61 492
58 FR 6854
58 FR 8658
58 FR 26420
Promul-
gation or
HSWA
Date
3/3/92
6/1/92
10/20/92
6/1/92
11/18/92
11/24/92
12/24/92
2/2/93
2/16/93
5/3/93
Technical Amendments and Corrections I
(HSWA/Non-HSWA)
123 123 Land Disposal Restrictions; Renewal! of the
Hazardous Waste Debris Case-by-Case
Capacity Variance (HSWA)
124 124 Land Disposal Restrictions for Ignitable and
Corrosive Characteristic Wastes Whose
Treatment Standards Were Vacated (HSWA)
122.1 (122) [Recycled Used Oil Management Standards;
Correction (Included on Revision Checklist 122
in RCRA Cluster III)]
58 FR 28506 5/14/93
58 FR 29860
58 FR 33341
5/24/93
6/17/93
t Optional.
57
LIST14 - 3/30/94 :-• ~
-------
OSWER DIRECTIVE NO. 9541.00-20
TABLE G-1. LIST OF REVISION CHECKLISTS BY CLUSTER (cont'd) SPA 14
Through June 30, 1993
1 StATS is the State Authorization Tracking System which tracks States' progress in becoming authorized for
each checklist. This column was added to help the Regions and States relate data entered in that system with the
information included in this table. The "rule code" is the symbol used in StATS to represent a particular rule or non-
checklist item, e.g.. State Availability of Information or Radioactive Mixed Waste.
2States have an additional year if statutory changes are required.
3A parenthesized number implies that this is not the main rule for the indicated checklist. However, the rule is
included on the indicated checklist. Rules with parenthesized numbers are typically technical corrections or
amendments to a major final rule. These corrections are usually close enough in time to the initial final rule that the
correction was Included on the checklist for the initial rule, rather than developing a new checklist for the correction.
^While Revision Checklists 27 and 43 are optional. States which have adopted or choose to adopt the changes
addressed by Revision Checklist 27 must adopt Revision Checklist 43's changes.
^he May 2.1986 amendments to 40 CFR 264.113 and 265.113. addressed by Revision Checklist 24, must be ,
adopted before or simultaneous with adopting the provisions addressed by Revision Checklist 64. Also see Footnote
7.
6Note that, unlike other checklists which address more than one final rule. Revision Checklist 70 is not presented
by each of these rules individually in StATS. Instead, it is represented only once as Revision Checklist 70. This
checklist is different from other checklists because it represents an accumulation of small changes to Part 124,
relating to the RCRA program, which were missed because they were often presented as relating to other permit
programs. Effectively, this checklist is a "catch-up" checklist, with the many rules it represents spanning a six-year
period from 1983 to 1989. To simplify an already complicated and confusing matter, it was decided to only
represent this checklist as one entry, rather than five separate entries.
7Only those sections, i.e.. 40 CFR 264.113 and 265.113. of Revision Checklist 24 (Amended) recharacterized as
more stringent by the June 26, 1990 correction are included in Non-HSWA Cluster VI. All other Revision Checklist 241
provisions continue to be included in Non-HSWA Cluster II. States which have already adopted the 264.113 and
265.113 amendments as part of their authorization for Revision Checklist 24 in Non-HSWA Cluster II, are not affected
by this correction and do not have to submit an amended Revision Checklist 24.
8Revisfon Checklist 78 is in HSWA Ouster II. with the exception of the clarifying amendment to §268.33(0 v.hich
is in Non-HSWA Cluster VI. This clarification is not immediately effective in authorized States since the requirements
are not imposed pursuant to HSWA. Thus, these requirements are applicable only in those States that do not ha.e
interim or final authorization. In authorized States, the requirements will not be applicable until she State revises -is
program to adopt equivalent requirements under State law.
^he rule addressed by this checklist is a technical amendment to the final rule (53 £R 43881; October 31 • •-.*
Revision Checklist 57)) that removed strontium sulfide from 40£FR 261.33. the list of commercial chemical proofs
which are hazardous wastes when discarded or intended to be discarded. States which intend to remove stro«v ..-
sulfide from their hazardous wastes lists, but have not yet adopted the changes made by Revision Checklist 57 r*
strongly encouraged to adopt the changes addressed by Revision Checklists 57 and 86 at the same time. Those
States that have already adopted the Revision Checklist 57 provisions should adopt that Revision Checklist 8b
amendments as soon as possible. States should note that Revision Checklist 86 is a conditionally optional d- - -•
States choosing not to adopt the removal of strontium sulfide (i.e. Revision Checklist 57) should not adopt the
Revision Checklist 86 provisions. However. States which choose to remove strontium sulfide must adopt the
provisions addressed by Revision checklist 86 to be sure that the material has been properly removed from :•••»
State's lists and appendices.
58
L1ST14 - 3/30/94
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OSWER DIRECTIVE NO. 9541 00-20
TABLE G-1. LIST OF REVISION CHECKLISTS BY CLUSTER (cont'd) SPA 14
Through June 30, 1993
10Direct Action against insurers in RCRA §3004(t) is not delegable to the States. EPA realizes that six States are
currently "authorized" for this provision. Several States have included this provision in their pending HSWA I revision
applications. The Regions should review these provisions and clarify with their States that, by virtue of the statute,
the Federal cause of action ensured by RCRA §3004(t) remains in effect in authorized States. This provision is not
delegable because authorized provisions of State law must operate in lieu of the Federal counterpart and, in this
situation, State law providing for a direct cause of action against insurers may augment the Federal Action but not
supersede it.
'This is a conditionally optional rule; if a State chooses to adopt the November 24,1992 (57JFR 55114) rule, it
must make this change.
59
UST14-7/30/93 ;P----
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OSWER-DIRECTIVE NO. 9541.00-20
SPA 14
TABLE G-2. NUMERICAL LISTING OF REVISION CHECKLISTS
AND CORRESPONDING CLUSTER
Through June 30,1993
Revision
Checklist
Number
Federal Requirement
Cluster
State Availability of Information (See Appendix N)
Radioactive Mixed Waste (See SPA 2 and Appendix N)
NOT Direct Action Against Insurers
DELEGABLE3
Surface Impoundment Requirements:
a. Existing and newly regulated
surface impoundments
f b. Variance under §3005(j)(2)-(9)
and (13)
Sharing of Information With the Agency for Toxic
Substances and Disease Registry
f Exceptions to the Burning and Blending of Hazardous
Waste
1
2
3
4
5
t6
Hazardous and Used Oil Fuel Criminal Penalties
Biennial Report
Permit Rules - Settlement Agreement
Interim Status Standards - Applicability
Chlorinated Aliphatic Hydrocarbon Listing (F024)
National Uniform Manifest
Permit Rules: Settlement Agreement
Warfarin & Zinc Phosphide Listing
Non-HSWA Cluster I
Non-HSWA Cluster II
HSWA Cluster I
HSWA Cluster I
HSWA Cluster I
HSWA Cluster I
HSWA Cluster I
Non-HSWA Requirements Prior to Non-
HSWA Cluster I
Non-HSWA Requirements Prior to Non-
HSWA Cluster I
Non-HSWA Requirements Prior to Non-
HSWA Cluster I
Non-HSWA Requirements Prior to Non-
HSWA Cluster I
Non-HSWA Requirements Prior to Non-
HSWA Cluster I
Non-HSWA Requirements Prior to Non-
HSWA Cluster I
Non-HSWA Requirements Prior to Non-
HSWA Cluster I
60
Cc"
LIST14 - 7/30/93 ;=• •
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OSWER DIRECTIVE NO. 9541.00-20
TABLE G-2. NUMERICAL LISTING OF REVISION CHECKLISTS SPA 14
AND CORRESPONDING CLUSTER (cont'd)
Through June 30, 1993
Revision
Checklist.
Number
Federal Requirement
Cluster
t8
t9
10
11
t12
13
14
15
16
17
18
19
Lime Stabilized Pickle Liquor Sludge
Household Waste
Interim Status Standards - Applicability
Corrections to Test Methods Manual
Satellite Accumulation
Definition of Solid Waste
Dioxin Waste Listing and Management Standards
Interim Status Standards for Treatment, Storage, and
Disposal Facilities
Paint Filter Test
HSWA Codification Rule
Small Quantity Generators
Delisting
Household Waste
Waste Minimization
Location Standards for Salt Domes, Salt
Beds, Underground Mines and Caves
Liquids In Landfills
Dust Suppression
Double Liners
Ground-Water Monitoring
Cement Kilns
Fuel Labeling
Corrective Action
Pre-construction Ban
Permit Life
Omnibus Provision
Interim Status
Research and Development Permits
Hazardous Waste Exports
Exposure Information
Listing of TDI, TDA, DNT
Burning of Waste Fuel and Used Oil Fuel in Boilers and
Industrial Furnaces
t
t
t
17A-
17 B-
17C-
17 D-
17E-
17F-
17G •
17 H -
171-
17J-
17K-
17L-
17 M-
17 N -
17 O -
17 P-
17 Q
17 R-
17 S-
Non-HSWA Requirements Prior to Non-
HSWA Cluster I
Non-HSWA Cluster I
Non-HSWA Cluster I
Non-HSWA Cluster I
Non-HSWA Cluster I
Non-HSWA Cluster I
HSWA Cluster I
NorvHSWA Cluster I
HSWA Cluster I
HSWA Cluster I
HSWA Cluster I
HSWA Cluster I
61
Continued...
LIST14 - 7/30/93 [P':nt.a 5.3,9il
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OSWER DIRECTIVE NO. 9541.00-;
TABLE G-2. NUMERICAL LISTING OF REVISION CHECKLISTS SPA
AND CORRESPONDING CLUSTER (cont'd)
Through June 30,1993
Revision
Checklist
Number
20
21
22
23
24-2/
Federal Requirement
Listing of Spent Solvents
Listing of EDB Waste
Listing of Four Spent Solvents
Generators of 100 to 1000 kg Hazardous Waste
Financial Responsibility: Settlement Agreement
Cluster
HSWA Cluster I
HSWA Cluster I
HSWA Cluster I
HSWA Cluster I
Non-HSWA Cluster II and Non-HSWA
25
t26
28
29
30
31
32
33
34
35
36
37
38
39
40
Codification Rule, Technical Correction (Paint Filter
Test)
Listing of Spent Pickle Liquor (K062)
Liability Coverage - Corporate Guarantee
Standards for Hazardous Waste Storage and
Treatment Tank Systems
Correction to Listing of Commercial Chemical Products
and Appendix VIII Constituents
Biennial Report; Correction
Exports of Hazardous Waste
Standards for Generators - Waste Minimization
Certifications
Listing of EBDC
Land Disposal Restrictions
Revised Manual SW-846; Amended Incorporation by
Reference
Closure/Post-closure Care for Interim Status Surface
Impoundments
Definition of Solid Waste; Technical Corrections
Amendments to Part B Information Requirements for
Land Disposal Facilities
California List Waste Restrictions
List (Phase 1) of Hazardous Constituents for Ground-
Water Monitoring
Cluster VI
HSWA Cluster I
Non-HSWA Cluster II
•
Non-HSWA Cluster III
Non-HSWA Cluster III and HSWA
Cluster I
Non-HSWA Cluster III
HSWA Cluster I
HSWA Cluster I
HSWA Cluster I
HSWA Cluster I
HSWA Cluster I
Non-HSWA Cluster III
Non-HSWA Cluster III
Non-HSWA Cluster III
Non-HSWA Cluster III
HSWA Cluster II
Non-HSWA Cluster IV
62
Continued |
LIST14 - 7/30/93 [Prr-es ; ; •
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OSWER DIRECTIVE NO. 9541 00-20
TABLE G-2. NUMERICAL LISTING OF REVISION CHECKLISTS SPA 14
AND CORRESPONDING CLUSTER (cont'd)
Through June 30, 1993
Revision
Checklist
Number
Federal Requirement
Cluster
41
42
44
45
46
47
48
f49
50
51
52
53
44 B
44 C
44 D
44 E
44 F
Identification and Listing of Hazardous Waste
Exception Reporting for Small Quantity Generators of
Hazardous Waste
Liability Requirements for Hazardous Waste Facilities;
Corporate Guarantee
HSWA Codification Rule 2
44 A - Permit Application Requirements Regarding
Corrective Action
Corrective Action Beyond Facility Boundary
Corrective Action for Injection Wells
Permit Modification
Permit as a Shield Provision
Permit Conditions to Protect Human Health
and the Environment
44 G - Post-Closure Permits
Hazardous Waste Miscellaneous Units
Technical Correction; Identification and Listing of
Hazardous Waste
Identification and Listing of Hazardous Waste;
Technical Correction
Farmer Exemptions; Technical Corrections
Identification and Listing of Hazardous Waste;
Treatability Studies Sample Exemption
Land Disposal Restrictions for First Third Scheduled
Wastes
Standards Applicable to Owners and Operators of
Hazardous Waste Treatment, Storage and Disposal
Facilities; Liability Coverage (withheld; EPA is
responding to the settlement of litigation surrounding
this rule)
Hazardous Waste Management System; Standards for
Hazardous Waste Storage and Treatment Tank
Systems
Identification and Listing of Hazardous Waste; and
Designation. Reportable Quantities, and Notification
Non-HSWA Cluster IV
HSWA Cluster II
Non-HSWA Cluster IV
HSWA Cluster II
Non-HSWA Cluster IV
Non-HSWA Cluster IV
HSWA Cluster II
HSWA Cluster II
Non-HSWA Cluster V
HSWA Cluster II
Non-HSWA Cluster V
Non-HSWA Cluster V and HSWA
Cluster II
Non-HSWA Cluster V
63
Continued.
LIST 14- 7/30/93 i[P.-;.:; -; ; ^
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OSWER DIRECTIVE NO. 9541.00-2CJ
TABLE G-2. NUMERICAL LISTING OF REVISION CHECKLISTS SPA 1<
AND CORRESPONDING CLUSTER (cont'd)
Through June 30,1993
Revision
Checklist
Number
tS4
55
f56
t57
t58
59
60
f61
Federal Requirement
Permit Modifications for Hazardous Waste
Management Facilities
Statistical Methods for Evaluating Ground-Water
Monitoring Data from Hazardous Waste Facilities
Identification and Listing of Hazardous Waste; Removal
of Iron Dextran from the List of Hazardous Wastes
Identification and Listing of Hazardous Waste; Removal
of Strontium Sulfide from the List of Hazardous Wastes
Standards for Generators of Hazardous Waste;
Manifest Renewal
Hazardous Waste Miscellaneous Units; Standards
Applicable to Owners and Operators
Amendment to Requirements for Hazardous Waste
Incinerator Permits
Changes to Interim Status Facilities for Hazardous
Cluster
Non-HSWA Cluster V
Non-HSWA Cluster V
Non-HSWA Cluster V
Non-HSWA Cluster V
Non-HSWA Cluster V
Non-HSWA Cluster V
Non-HSWA Cluster V
Non-HSWA Cluster V
62
63
t.64-4/
65
66
67
68
69
70
Waste Management Permits; Modifications of
Hazardous Waste Management Permits; Procedures
for Post-Closure Permitting
Land Disposal Restriction Amendments to First Third
Scheduled Wastes
Land Disposal Restrictions for Second Third Scheduled
Wastes
Delay of Closure Period for Hazardous Waste
Management Facilities
Mining Waste Exclusion I
Land Disposal Restrictions; Correction to First Third
Scheduled Wastes
Testing and Monitoring Activities
Reportable Quantity Adjustment Methyl Bromide
Production Wastes
Reportable Quantity Adjustment
Changes to Part 124 Not Accounted for by Present
Checklists
HSWA Cluster II
HSWA Cluster II
Non-HSWA Cluster VI
Non-HSWA Cluster VI
HSWA Cluster II
Non-HSWA Cluster VI
HSWA Cluster II
HSWA Cluster II
Non-HSWA VI
64
Continued.
LIST14 - 7/30/93 [Pr-rwa 5 3 '-\
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OSWER DIRECTIVE NO. 9541 CO-20
TABLE G-2. NUMERICAL LISTING OF REVISION CHECKLISTS SPA 14
AND CORRESPONDING CLUSTER (cont'd)
Through June 30,1993
Revision
Checklist
Number
Federal Requirement
Cluster
71
t?2
73
74
75
tTB
77
79
t80
81
82
83
t84
85
87
Mining Waste Exclusion II
Modification of F019 Listing
Testing and Monitoring Activities;
Technical Corrections
Toxicity Characteristics Revision
Listing of 1,1-Dimethylhydrazine
Production Wastes
Criteria for Listing Toxic
Wastes; Technical Amendment
HSWA Codification Rule. Double
Liners; Correction
Land Disposal Restrictions for
Third Third Scheduled Wastes
Hazardous Waste Treatment,
Storage, and Disposal Facilities-Organic Air Emission
Standards For Process Vents and Equipment Leaks
Toxicity Characteristic; Hydrocarbon Recovery
Operations
Petroleum Refinery Primary and Secondary
Oil/Water/Solids Separation Sludge Listings (F037 and
F038)
Wood Preserving Listings
Land Disposal Restrictions for Third
Third Scheduled Wastes; Technical Amendment
Toxicity Characteristic; Chlorofluoro-
carbon Refrigerants
Burning of Hazardous Waste in Boilers and Industrial
Furnaces
Removal of Strontium Sulfide From the List of
Hazardous Waste; Technical Amendment
Organic Air Emission Standards for Process Vents and
Equipment Leaks; Technical Amendment
Non-HSWA Cluster VI
Non-HSWA Cluster VI
Non-HSWA Cluster VI
HSWA Cluster II
HSWA Cluster II
Non-HSWA Ouster VI
HSWA Cluster II
Non-HSWA Cluster VI and
HWSA CLuster II
HSWA Cluster II
RCRA I, HSWA
RCRA I, HSWA
RCRA I. HSWA/Non-HSWA
RCRA I, HSWA
RCRA I, HSWA
RCRA I, HSWA/Non-HSWA
RCRA I, Non-HSWA
RCRA I, HSWA
65
UST14 - 7/30/93
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OSWER DIRECTIVE NO. 9541.00-20
TABLE G-2. NUMERICAL LISTING OF REVISION CHECKLISTS SPA 14
AND CORRESPONDING CLUSTER (cont'd)
Through June 30, 1993
Revision
Checklist
Number
Federal Requirement
Cluster
f88
f89
90
91
92
93
94
95
96
97
t98
f99
100
f101
102
103
f104
f105
106
107
Administrative Stay for K069 Listing
Revision to F037 and F038 Listings
Mining Exclusion III
Administrative Stay for F032, F034. and F035 Listings
Wood Preserving Listings; Technical Corrections
Liability Requirements; Technical Amendment [
withheld until all of the settlement agreement
provisions have been promulgated]
Burning of Hazardous Waste in Boilers and Industrial
Furnaces; Corrections and Technical Amendments I
Land Disposal Restrictions for Electric Arc Furnace
Dust (K061)
Burning of Hazardous Waste in Boilers and Industrial
Furnaces; Technical Amendments II
Exports of Hazardous Waste; Technical Correction
Coke Ovens Administrative Stay
Amendments to Interim Status Standards for
Downgradient Ground-Water Monitoring Well Locations
Liners and Leak Detection Systems for Hazardous
Waste Land Disposal Units
Administrative Stay for the Requirement That Existing
Drip Pads be Impermeable
Second Correction to the Third Third Land Disposal
Restrictions
Hazardous Debris Case-by-Case Capacity Variance
Oil Filter Exclusion
Coke By-Product Exclusion
Lead-Bearing Hazardous Materials Case-by-Case
Capacity Variance
Used Oil Filter Exclusion; Technical Corrections
RCRA I, Non-HSWA
RCRA I, HSWA
RCRA I. Non-HSWA
RCRA I, HSWA/Non-HSWA
RCRA II, HSWA/Non-HSWA
RCRA II, Non-HSWA
RCRA II, HSWA/Non-HSWA
RCRA II, HSWA
RCRA II, HSWA/Non-HSWA
RCRA II, HSWA
RCRA II. HSWA
RCRA II. Non-HSWA
RCRA II, HSWA/Non-HSWA
RCRA II, HSWA/Non-HSWA
RCRA II, HSWA
RCRA II, HSWA
RCRA II, HSWA
RCRA II, HSWA
RCRA II. HSWA
RCRA III, HSWA
66
Continued
LIST14 - 7/30/93 fP—-:= 5 ' :-
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OSWER DIRECTIVE NO. 9541.00-20
TABLE G-2. NUMERICAL LISTING OF REVISION CHECKLISTS SPA 14
AND CORRESPONDING CLUSTER (cont'd)
Through June 30,1993
Revision
Checklist
Number
Federal Requirement
Cluster
108 Toxlcity Characteristics Revisions; Technical
Corrections
109 Land Disposal Restrictions for Newly Listed Wastes
and Hazardous Debris
110 Coke By-Products Listings
111 Boilers and Industrial Furnaces; Technical Amendment
III
112 Recycled Used Oil Management Standards
113 Consolidated Liability Requirements
114 Boilers and Industrial Furnaces; Technical Amendment
IV
115 Chlorinated Toluenes Production Waste Listing
116 Hazardous Soil Case-by-Case Capacity Variance
1117 A Reissuance of the "Mixture" and "Derived-From" Rules
117 B Toxicity Characteristic Revision
118 Liquids in Landfills II
1119 Toxicity Characteristic Revision; TCLP Correction
120 Wood Preserving; Amendments to Listings and
Technical Corrections
1121 Corrective Action Management Units and Temporary
Units
122 Recycled Used Oil Management Standards; Technical
Amendments and Corrections I
123 Land Disposal Restrictions; Renewal of the Hazardous
Debris Case-by-Case Capacity Variance
124 Land Disposal Restrictions for Ignrtable and Corrosive
Characteristic Wastes Whose Treatment Standards
Were Vacated
RCRA III, HSWA
RCRA III, HSWA
RCRA III. HSWA
RCRA III, HSWA/Non-HSWA
RCRA III, HSWA/Non-HSWA
RCRA III, Non-HSWA
RCRA III, HSWA
RCRA III, HSWA
RCRA III, HSWA
RCRA III, HSWA/Non-HSWA
RCRA III, HSWA
RCRA III, HSWA
RCRA III, HSWA
RCRA III, HSWA/Non-HSWA
RCRA III, HSWA
RCRA III, HSWA/Non-HSWA
RCRA III, HSWA
RCRA III, HSWA
Optional.
61
cr-: nued
UST14 - 7/30/93 ."•
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OSWER DIRECTIVE NO. 9541.00-2CJ
TABLE G-2. NUMERICAL LISTING OF REVISION CHECKLISTS SPA n
AND CORRESPONDING CLUSTER (cont'd)
Through June 30,1993
1 Direct Aqtion against insurers in RCRA §3004(t) is not delegable to the States. EPA realizes that six States
are currently "authorized" for this provision. Several States have included this provision in their pending HSVVA I
revision applications. The Regions should review these provisions and clarify with their States that, by virtue of the
statute, the Federal cause of action ensured by RCRA §3004(t) remains in effect in authorized States. This provision)
is not delegable because authorized provisions of State law must operate in lieu of the Federal counterpart and, in
this situation, State law providing for a direct cause of action against insurers may augment the Federal Action, but
not supersede it.
2Only those sections, i.e., 40 CFR 264.113 and 265.113. of Revision Checklist 24 (Amended) recharacterized
as more stringent by the June 26, 1990 correction are included in Non-HSWA Cluster VI. All -other Revision Checklis|
24 provisions continue to be included in Non-HSWA Cluster II. States which have already adopted the 264.113 and
265.113 amendments as part of their authorization for Revision Checklist 24 in Non-HSWA Cluster II, are not affectec
•by this correction and do not have to submit an amended Revision Checklist 24.
^hile Revision Checklists 27 and 43 are optional, states which have adopted or choose to adopt the
changes addressed by Revision Checklist 27, must adopt Revision Checklist 43's changes.
*The May 2.1986 amendments to 40 £FR 264.113 and 265.113, addressed by Revision Checklist 24, must b«
adopted before or simultaneous with adopting the provisions addressed by Revision Checklist 64. Also see Footnotj
1.
5Revision Checklist 78 is in HSWA Cluster II, with the exception of the clarifying amendment to §268.33(c)
which is in Non-HSWA Cluster VI. This clarification is not immediately effective in authorized States since the
requirements are not imposed pursuant to HSWA. Thus, these requirements are applicable only in those States that!
do not have interim or final authorization. In authorized States, the requirements will not be applicable until the State1
revises its program to adopt equivalent requirements under State law.
^he rule addressed by this checklist is a technical amendment to the final rule (53 FR 43881; October 31.
1988; Revision Checklist 57)) that removed strontium sulfide from 40.QFR 261.33, the list of commercial chemical
products which are hazardous wastes when discarded or intended to be discarded. States which intend to remove
strontium sulfide from their hazardous wastes lists, but have not yet adopted the changes made by Revision
Checklist 57 are strongly encouraged to adopt the changes addressed by Revision Checklists 57 and 86 at the ;.
time. Those States that have already adopted the Revision Checklist 57 provisions should adopt the Revision
Checklist 86 amendments as soon as possible. States should note that Revision Checklist 86 is a conditionally
optional checklist. States choosing not to adopt the removal of strontium sulfide (i.e. Revision Checklist 57) so i,i
not adopt the Revision Checklist 86 provisions. However. States which choose to remove strontium sulfide n^t
adopt the provisions addressed by Revision checklist 86 to be sure that material has been properly removed '• ,m
the State's lists and appendices.
68
LIST14 - 3/30/9-J
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