UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
JUL I 2 1994
MEMORANDUM OFF|CEOF
SOLID WASTE AND EMERGENCY
SUBJECT: ,-State Program^Adyispary Number Fourteen RESPONSE
FROM: £w±^S&1^Eirsna^rro, Director
JfaflOffipe of Solid Waste
TO: (/ Regional Division Directors, Regions I-X
The State and Regional Programs Branch (SRPB) periodically
issues State Program Advisories (SPAs) to update the State
Authorization Manual (SAM) as new RCRA program policies,
regulations, and self-implementing statutory provisions come into
effect.
With this memorandum, I am transmitting SPA 14, which covers
RCRA program changes for the period of July 1, 1992, through June
30, 1993. SPA 14 contains 18 new revision checklists, Model
Attorney General's Statement language for the changes covered in
the SPA, and a new Special Consolidated Checklist -- Bevill
Exclusion for Mining Wastes.
If you have any questions about any of these materials,
please contact State and Regional Programs Branch Acting Chief,
Richard LaShier at (703) 308-8760.
Attachments
cc: Dev Barnes
Section Chiefs, Regions I-X
Branch Chiefs, Regions I-X
State Program Liaisons
Recycled/Recyclable
Printed wtth Soy/Canola Ink on paper that
contain* at leaat 50% recycled flber
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OSWER DIRECTIVE NO. 9541.00-20
SPA 14
Summary for State Program Advisory Fourteen
Starting with SPA 14, the time period covered by a SPA will be one year and will correspond
with the year (July 1 to June 30) covered by the clusters and the annual updates to the CFR.
This present SPA covers the period July 1, 1992 through June 30, 1993, and includes this
summary plus three attachments. The first attachment, Attachment A, contains new Revision
Checklists 107-124 and their corresponding summaries and FR articles, as well as a used oil
fact sheet which is placed after the FR article for Revisiorr Checklist 112. Attachment B
contains updates to the State Authorization Manual (SAM), including Tables G-1 and G-2, the
Checklist Linkage Table, the Model Revision Attorney General's Statement, and a revised
Revision Checklist 100. Attachment C includes the updated (through June 30, 1993)
consolidated checklists for the Land Disposal Restrictions, Boilers and Industrial Furnaces,
Toxicity Characteristic, and Wood Preserving. Also in Attachment C is a new consolidated
checklist-Bevill Exclusion for Mining Wastes, which consolidates the requirements of Revision
Checklist 53, 65, 71 and 90.
The following points briefly highlight the content of SPA 14. These points are organized by
topic.
Checklists
New
• This SPA provides eighteen new checklists (Numbers 107 through 124)
covering regulatory changes for the period July 1, 1992 through June 30,
1993. All checklists are in RCRA Cluster III. Revision Checklists 107-110,
114, 115, 116, 117B, 118, 119, 121, 123 and 124 contain HSWA provisions
only, and Checklist 113 contains only non-HSWA provisions. The remaining
checklists contain both HSWA and non-HSWA provisions.
• This SPA includes Revision Checklists 112 and 122 addressing the new used
oil management standards. The former introduces Part 279 (Standards for the
Management of Used Oil) to the RCRA regulations and the latter addresses two
amendments to these new standards. On March 4, 1994 EPA promulgated a
final rule (59 FR 10555; Revision Checklist 130) that amends and clarifies
certain exemptions from the Recycled Used Oil Management Standards. While
that rule will be part of SPA 15, EPA strongly recommends that States adopt
Revision Checklists 112, 122 and 130 at one time. As such, a checklist
consolidating the provisions from all three checklists will be available shortly
after Revision Checklist 130 is available. The due date for the consolidated
version of these standards will be the due date for Revision Checklist 130
rather than the due date for the two SPA 14 checklists. SPA 14 also includes
a Used Oil Fact Sheet which provides a brief listing of used oil regulations,
overviews the current management standards, discusses EPA's future plans for
used oil regulation and examines the implications for State Programs.
SUM-14- 5/17/94
IPrintad: 6/17/941
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OSWER DIRECTIVE NO. 9641 .OtJ-20
SPA 14
Revision Checklist 113 is a special checklist in that it consolidates the changes
made to the Federal regulations by the September 1, 1988 (53 FR 33938), July A
1, 1991 (56 FR 30200), and September 16, 1992 (57 FR 42832) final rules (
addressing the liability requirements. The initial rule addressed by this checklist
was challenged by Chemical Waste Management, Inc. That company ultimately
entered into a settlement agreement with EPA on February 23, 1990 with
regard to this rule. The July rule and second September rule contain the
amendments to the code resulting from this agreement. Initially, the September
1, 1988 and the July 1, 1991 rules were:to be addressed by Revision
Checklists 51 and 93, respectively. However, due to the time period which has
elapsed and EPA's desire that the provisions addressed by the three rules be
adopted at the same time, the Agency has decided not to issue these checklists
and, instead, has combined these three related rules into one consolidated
checklist, i.e., Revision Checklist 113. The submission deadline for this
checklist is based on the due date for the September 16, 1992 rule.
Included in this SPA is Revision Checklist 117 A, which was developed to help
states, which desired to do so, adopt the reissued "mixture" and "derived-
from" rules addressed by the March 3, 1992 (57 FR 7628), June 1, 1992 (57
FR 23062) and October 30, 1992 (57 FR 49278~) rules. This checklist is
optional. Checklist 117 B was developed because the June 1, 1992 rule also
corrected an omission made by the Toxicity Characteristic rule (55 FR 11798)
and its subsequent amendments. Because this change made the Federal code
more stringent. Revision Checklist 117 B is required. Both checklists were
placed in RCRA Cluster III due to time lag in determining how to handle the
rules associated with the reissuance of the "mixture" and "derived-from" rules.
Existing
An error in the placement of a footnote designation in Revision Checklist 100
was discovered after SPA 13 was distributed. SPA 14 includes a copy of the
revised Revision Checklist 100.
Cluster Information
SPA 14 delineates timeframes by which States must obtain authorization for
RCRA Cluster III. The due date is July 1, 1994 (July 1, 1995 if a State
statutory change is necessary). For further information on the Cluster Rule, see
September 26, 1986 (51 FR 33712).
SAM
This SPA provides updated Tables G-1 and G-2, a Model Revision Attorney
General's Statement, and a Checklist Linkage Table to insert into the SAM.
SUM-14-5/17/94
|Pmt«d: 5/17/94I
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ATTACHMENT A
Summaries and New Revision Checklists,
Corresponding Federal Register Articles
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OSWER DIRECTIVE NO. 9541.00-20
SPA 14
Revision Checklist 107 Summary
Rule Title: Hazardous Waste Management System; General; Identification
and Listing of Hazardous Waste; Used Oil
Checklist Title: Used Oil Filter Exclusion; Technical Corrections
Reference: 57 FR 29220
Promulgation Date: July 1, 1992
Effective Date: July 1, 1992
Cluster: RCRA III
Provision Type: HSWA
Linkage: Revision Checklist 104 (Optional)
Optional: Yes (conditionally optional-required only if optional Revision
Checklist 104 is adopted)
Summary: These technical corrections amend the final rule promulgated on May 20, 1992
(57 FR 21524; Revision Checklist 104) which excludes from the definition of hazardous waste
certain used oil filters that have been drained. This July 1, 1992 rule corrects two
typographical errors, one in the preamble discussion and one in the regulatory language at
261.4(b)(15).
State Authorization: This rule is placed in RCRA Cluster III. It is considered "conditionally
optional" because it is linked to whether a State chooses to adopt the optional oil filter
exemption addressed by Revision Checklist 104. If a State does adopt this exemption, it must
also adopt the technical corrections addressed by Revision Checklist 107. If the State does
not adopt this exemption (i.e., Revision Checklist 104), the State should not adopt Revision
Checklist 107. For States that adopt this rule, the due date is July 1, 1994 (or July 1, 1995
if a State statutory change is necessary). Both interim and final authorization are available,
with the former expiring on January 1, 2003. The State Revision Application must include
applicable regulations, an AG statement addendum, Revision Checklist 107, other associated
checklists and other application materials, i.e., a program description and an MOA, as
determined by the Regional office.
Attorney General's Statement Entry: The entry at Subsection I X in the Model Revision
Attorney General's Statement should be replaced with the following:
X. [OPTIONAL: This is a reduced requirement.] State statutes and
regulations exempt, from the definition of hazardous, used oil filters meeting
the 40 CFR 261.4(b)(15) criteria as indicated in Revision Checklists 104 and
107.
Federal Authority: RCRA §§1004, 1006, 2002, 3001 and 3014; 40 CFR
261.4(b)(15) as amended May 20, 1992 (57 FR 21524) and July 1, 1992 (57
FR 29220).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
SUM107.14 -7/31/92
(Printed: 3/28/94]
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-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 107
Used Oil Filter Exclusion; Technical Corrections
57 FR 29220
July 1, 1992
(RCRA Cluster III, HSWA provisions)
Note: 1) This revision checklist corrects typographical errors in the May 20, 1992 (57 FR
21524; Revision Checklist 104) final rule. This checklist is considered "conditionally optional"
because it is linked to whether a State chooses to adopt the optional oil filter exclusion addressed
by Revision Checklist 104. If a State does adopt this exclusion, it must also adopt the technical
corrections addressed by Revision Checklist 107. If the State does not adopt this exemption (i.e.,
Revision Checklist 104), the State should not adopt Revision Checklist 107. States that adopt
the Revision Checklist 104 provisions are encouraged to make the corrections addressed by this
checklist at the same time.
2) Because no revisions were made to 261.4(b)(15)(i) - (iv) in the Federal Register, these
citations are not included in this checklist.
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
PART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
SUBPART A - GENERAL
t EXCLUSIONS
change "waste" to
"wastes"; replace
"Subpart C" with
"Subpart D"; change
"which" to "that"
261.4(b)(15)
July 1, 1992 - Page 1 of 1
CL107.14 - RaviMd: 7/28/93
Printed: 3/28/94
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OSWER DIRECTIVE NO. 9541.00-20
SPA 14
Revision Checklist 108 Summary
Rule Title: Hazardous Waste Management System; Identification and Listing
of Hazardous Waste; Toxicity Characteristic; Corrections
Checklist Title: Toxicity Characteristic Revisions; Technical Corrections
Reference: 57 FR 30657-30658
Promulgation Date: July 10, 1992
Effective Date: July 10, 1992
Cluster: RCRA III
Provision Type: HSWA
Linkage: Revision Checklist 74, 117 B, and 119
Optional: No
Summary: This rule corrects errors made at the time of the promulgation of the final Toxicity
Characteristic (TO rule (March 29, 1990, 55 FR 11798; Revision Checklist 74). In the
preamble, the exclusion from subtitle C regulation for arsenical-treated wood and wood
products was revised inappropriately. As a result, EPA unintentionally narrowed the scope
of the exclusion by excluding only arsenical-treated wood and wood products that failed the
TC "solely for arsenic." The July 10, 1992 rule corrects that revision at 261.4(b)(9). The
rule also corrects the regulatory language in 40 CFR 261.4(b)(6)(ii) and 265.30l(d)(1) by
deleting references to the Extraction Procedure (EP) Toxicity Characteristic and replacing them
with references to the TC.
State Authorization: This rule is placed in RCRA Cluster III. The State modification deadline
is July 1, 1994 (or July 1, 1995 if a State statutory change is necessary). All changes go
into effect immediately, because this rule was promulgated under HSWA authorities. Both
interim and final authorization are available, with the former expiring on January 1, 2003. The
State Revision Application must include applicable regulations, an AG statement addendum,
Revision Checklist 108, other associated checklists and other application materials, i.e., a
program description and an MOA, as determined by the Regional office.
Attorney General's Statement Entry: The entry at Subsection I L in the Model Revision
Attorney General's Statement should be replaced with the following:
L. State statutes and regulations revise the existing toxicity
characteristic by replacing the Extraction Procedure (EP) leach test with the
Toxicity Characteristic Leaching Procedure (TCLP) for identifying wastes that
are defined as hazardous and subject to regulation under Subtitle C of RCRA as
indicated in Revision Checklists 74 and 108. State statutes and regulations
also provide for the addition of 25 organic chemicals and their regulatory levels
to the list of toxic constituents of concern as indicated in Revision Checklist 74.
SUM!08.14-7/31/92
(Primed: 3/28/94)
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
Revision Checklist 108 Summary (cont'cl)
I
Federal Authority: RCRA §§1006, 2002(a), 3001, 3002, 3004, 3005 and
3006; 40 CFR Parts 261, 264, 265 and 268 as amended March 29, 1990 (55
Eg 11798), June 29, 1990 (55 FR 26986) and July 10, 1992 (57 FR 30657).
'Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
SUM108.14-7/31/92
[Printed: 3/28/94I
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OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 108
Toxicity Characteristic Revisions; Technical Corrections
57 FR 30657-30658
July 10, .1992
(RCRA Cluster III, HSWA provisions)
Note: This Revision Checklist corrects errors made at the time of the promulgation of the final
Toxicity Characteristic (TO rule on March 29, 1990 (55 F_R 11798; Revision Checklist 74).
States that have not adopted Revision Checklist 74 provisions are strongly encouraged to adopt
these corrections at the same time that the Revision Checklist 74 provisions are adopted.
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
PART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
SUBPART A - GENERAL
EXCLUSIONS
replace "characteristic
of EP toxicity, and do
not fail the test for"
with "toxicity
characteristic for any
other constituent, and
do not exhibit"
insert "arsenical-
treated" after
"discarded"; replace
"solely for arsenic"
with "for Hazardous
Waste Codes D004
through D0 17"; delete
"or reasons," after
"reason"
261.4(b)(6)(ii)
261.4(b)(9)
July 10, 1992-Page 1 of 2
CL108.14 - Revteed: 7/28/93
(Printed: 3/28/941
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OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 108: Toxicity Characteristic Revisions;
; Technical Corrections (cont'd)
i
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE CITATION
STATE ANALOG IS: "
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
PART 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF
HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SUBPART N - LANDFILLS
DESIGN REQUIREMENTS
replace "EP toxicity
characteristics" with
"Toxicity
Characteristic"; insert
", with EPA Hazardous
Waste Numbers D004
through D0 17" after
"chapter"
265.301(d)(1)
There is an error in the Federal Register at 57 FR 30658. "Specific waste" should read
"Specific wastes" as found in the 1991 CFR. Note that there is also an error in the July 1
1991 CFR for this citation; "characlristic of EP" should be "characteristic of EP."
There are several errors in the Federal Register for this citation. First, "such waste does '
not" should read "such wastes do not" and "261.4 of this chapter" should read "261.24
of this chapter" as they are found in the March 29, 1990 Federal Register and in the 199
CFR. Second, "Waste Number" should be "Waste Numbers."
July 10, 1992 -Page 2 of 2
CL108.14 - Ravmd: II
(Printed: 3/
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OSWER DIRECTIVE NO. 9541.00-20
SPA 14
Revision Checklist 109 Summary
Rule Title: Land Disposal Restrictions for Nevyly Listed Wastes and
Hazardous Debris
Checklist Title: Land Disposal Restrictions for Newly Listed Wastes and
Hazardous Debris
Reference: 57 FR 37194-37282, 57 FR 39275, and 57 FR 41173
Promulgation Date: August 18, 1992
Effective Date: February 18, 1993 for 262.34, 264.110, 264.111, 264.112,
264.140, 264.142, part 264 subpart DD, 265.110, 265.111,
265.112, 265.140, 265.142, 265.221, and part 265 subpart
DD; November 9, 19921 for 148.17(a), 260.10, 261.3(c)(2)
(ii)(C), 268.2,268.5,268.7,268.9,268.36(a), 268.40, 268.41,
268.42, 268.43, 268.45, 268.46, 268.50, 270.14, 270.42,
270.72, and 271.1; and June 30, 1992 for the remainder of the
rule
Cluster: RCRA III
Provision Type: HSWA
Linkage: Revision Checklists 34, 39, 50, 63, 78, 103 and 106.
(Indirectly, to the corrections to these rules-62, 66, 83 and
102.)
Optional: No
Summary: This rule finalizes treatment standards under the land disposal restrictions (LDR)
program for certain hazardous wastes listed after November 8,1984, pursuant to a proposed
consent decree filed with the District Court establishing a June 1992 promulgation date (EOF
vs. Reilly, Civ. No. 89-0598, D.D.C.). This rule also finalizes revised treatment standards for
debris contaminated with listed hazardous wastes or debris that exhibit certain hazardous
waste characteristics. Several revisions are also made to existing standards and requirements.
Certain aspects of this rule could be affected by the recently proposed Hazardous Waste
Identification rule (57 FR 21450; May 20, 1992) which deals with the question of when
wastes are hazardous, concentration levels, and circumstances where wastes aren't
hazardous. That rule also examines when land disposal prohibitions might and might not
apply. However, the present mixture and derived-from rules remain in effect (57 FR 7268;
March 3,1992). The preamble to the August 18,1992 rule codifies the "contained-in" policy
with respect to contaminated debris. See 57 FR 37225, 3rd column, "2. Definition of
Hazardous Debris."
'Date was corrected from "November 16, 1992" to "November 19, 1992" by 57 FR 39275. This
date was then corrected from "November 19, 1992" to "November 9, 1992", by 57 FR 41173.
- SUM109.14-9/11/92
[Printed: 3/28/94)
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OSWER DIRECTIVE NO. 9541.00-20
SPA 14
Revision Checklist 109 Summary (cont'd)
State Authorization: This rule is promulgated pursuant to HSWA and is placed in RCRA
Cluster III. Both interim and final authorization are available, with the former expiring on
January 1, 2003. The State modification deadline is July 1, 1993 (or July 1, 1994 if a State
statutory change is necessary). The State Revision Application must include applicable
regulations, AG statement addendum. Revision Checklist 109, other associated checklists and
other application materials, i.e., a program description and an MOA, as determined by the
Regional office.
Attorney General's Statement Entry: The following entries should be placed at Subsections
XXI K, L & M in the Model Revision Attorney General's Statement.
K. State statutes and regulations provide land disposal treatment
standards for certain hazardous wastes listed after November 8, 1984 as well
as treatment standards for debris contaminated with listed hazardous wastes
or debris that exhibit certain hazardous waste characteristics as indicated in
Revision Checklist 109.
Federal Authority: RCRA §§3004(d)-(k) and (m); 40 CFR 261.3(f), 268.2,
268.5, 268.7, 268.14, 268.36, 268.40, 268.41, 268.42, 268.43, 268.45,
270.13 and 270.14, as amended August 18, 1992 (57 FR 37194).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
L. State statutes and regulations include revisions to existing land
disposal restrictions including revision of F001-F005 spent solvents treatment
standards, conversion of wastewater standards for twenty-four "F" and "K"
water codes based on scrubber standards; revisions to K061, K062 and F006
treatment standards; change of recordkeeping requirements; and clarification
of rules related to wastes listed because they exhibit a characteristic as
indicated in Revision Checklist 109.
Federal Authority: RCRA § §3004(d)-(k) and (m); 40 CFR 261.3(a)&(c), 268.9,
268.41, 268.42, 268.43 and 268.46, as amended August 18, 1992 (57 FR
37194).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
SUM109.14-9/11/92
(Printed 3/28,941
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OSWER DIRECTIVE NO. 954T.OO-20
SPA 14
Revision Checklist 109 Summary (cont'd)
M. State statutes and regulations allow storage and treatment in
containment buildings as indicated in Revision Checklist 109.
Federal Authority: RCRA §§3004(d)-(k) and (m); 40 CFR 260.10, 262.34,
264.110, 264.111, 264.112, 264.140, 264.142, 264 Subpart DD, 265.110,
265.111, 265.112, 265.140, 265.142, 265.221, 265 Subpart DD, 268.50,
270.42 and 270.72, as amended August 18, 1992 (57 FR 37194).
Citation of Laws and Regulations; Date of Enactment and Adoption
Remarks of the Attorney General
SUM109.14-9/11/92
[Primed: 3/28/941
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OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 109
Land Disposal Restrictions for Newly Listed Wastes
and Hazardous Debris
57 FR 37194-37282
August 18, 1992
(RCRA Cluster III, HSWA provisions) ;
Note: This checklist may be subject to change in the future. EPA's State and Regional Programs
Branch is currently discussing the relationship of hazardous waste injection issues to the State
authorization program. In question are the changes made to 40 CFR Part 148 by the final rule
addressed by this checklist and whether they should be included in the checklist. This present
checklist does not include these changes.
2) The following Part 268 sections are not delegable to States because of the national concerns
that must be examined when decisions are made relative to them: 268.5 (case-by-case effective
date extensions); 268.42(b) (application for alternate treatment method); and 268.44 (variance
from a treatment standard). "No migration" petitions under 268.6 will be handled by EPA, even
though States may be authorized to grant such petitions in the future. States have the authority
to grant such petitions under RCRA Section 3006 because such decisions do not require a
national perspective, as do decisions under 268.5, 268.42(b) or 268.44. However, EPA has had
few opportunities to implement the land disposal restrictions and expects to gain valuable
experience and information from reviewing "no-migration" petitions. In the past, the
nondelegabie sections/paragraphs of the LDR regulations have been omitted from the LDR •
checklists because States could not assume the authority for them. However, this procedure has
led to confusion among the States on how to handle the sections/paragraphs in their code. For
this reason, the Agency has decided to include these nondelegabie sections on the LDR
checklists. To differentiate these sections from the delegable portions of the LDR restrictions,
asterisks precede (a single row) and follow (a double row) each nondelegabie section.
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE CITATION
STATE ANALOG IS
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
PART 260 - HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL
SUBPART A - GENERAL
DEFINITIONS
add "containment
building"
revise "miscellaneous
unit"
revise "pile"
260.10
260.10
260.10
August 18, 1992 - Page 1 of 48
CL109.14
Rcvmd: 3/28/94
Printed: 5/3/94
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OSWER DIRECTIVE NO. 9541.00-2
SPA 1
RCRA REVISION CHECKLIST 109: Land Disposal Restrictions for
Newly Listed Wastes and Hazardous Debris (cont'd)
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE CITATION
1
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
PART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
SUBPART A - GENERA!
DEFINITION OF HAZARDOUS WASTE
insert "of this part"
after the first "subpart
C"; insert "," before
"or unless"; add a
sentence addressing
the relationship of
nonwastewater
mixtures and the Part
268 requirements
261.3(a)(2)(iii)
August 18, 1992 - Page 2 of 48
CL109.14 -RaviMd: .
Printed:
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OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 109: Land Disposal Restrictions for
Newly Listed Wastes and Hazardous Debris (cont'd)
FEDERAL REQUIREMENTS
split paragraph into
two subparagraphs,
(C){/}&(2), with the
second subparagraph
addressing the
notification for HTMR
residues; in first
subparagraph, insert
", K062 or F006" after
"K061"; replace "(as
defined in 40 CFR
260.10(6), (7), and
(12))" with "(as
defined in paragraphs
(6), (7), and (13) of
the definition for
'Industrial Furnace' in
40 CFR 260. 10)";
replace "identified
below" with "identified
in the tables in this
paragraph"; replace
"The generic exclusion
levels are:" with a
sentence addressing
burden of proof for
persons claiming this
exclusion in an
enforcement action;
replace single table
with the two tables
indicated at 57 FR
37264
FEDERAL RCRA CITATION
261.3{c)(2)(ii)(C)(7)
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
August 18,1992 - Page 3 of 48
CL109.14
Revaod 3/28/94
Printed. 3/28/94
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OSWER DIRECTIVE NO. 9541.00-2*
SPA 1'
RCRA REVISION CHECKLIST 109: Land Disposal Restrictions for
Newly Listed Wastes and Hazardous Debris (cont'd)
FEDERAL REQUIREMENTS
completely revise
requirements
addressing notification
and certification; one-
time notification and
certification for K061 ,
K062 or F006 HTMR
residues, which meet
generic exclusion
levels and exhibit no
characteristics, that
are sent to Subtitle D
units; update of
notification and
certification; annual
EPA/State notification;
deadline for
submission to
EPA/State; what the
notification must
include; certification
signed by authorized
representative and
what it must state
add new paragraph
and subparagraphs
addressing debris that
is excluded from
regulation provided it
meets specified
criteria:
Part 268-defined
hazardous debris
treated using a
specified 268.45,
Table 1 , extraction or
destruction
technology; burden of
proof on claimant in an
enforcement action
FEDERAL RCRA CITATION
261.3(c)(2)(ii)(C)(2)
261. 3(f)
261.3{f){1)
ANALOGOUS STATE OTATION
-
STATE ANALOG IS: '
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
-
BROADER
IN SCOPE
August 18, 1992 - Page 4 of 48
CL109 14 - Reviud: 3
Printed. 3
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OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 109: Land Disposal Restrictions for
Newly Listed Wastes and Hazardous Debris (cont'd)
FEDERAL REQUIREMENTS
Part 268-defined
debris determined by
Regional Administrator
to no longer be
contaminated with
hazardous waste
FEDERAL RCRA CITATION
261.3(f)(2)
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
PART 262 - STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE
SUBPART C - PRE-TRANSPORT REQUIREMENTS
ACCUMULATION TIME
replace ";" at the end
of text with a ":"
replace "." with
"; and/or"
add new
subparagraphs
addressing waste
placed in containment
buildings; compliance
with 265, Subpart DD;
professional engineer
certification of
compliance with
265.1101 design
standards placed in
operating record no
later than 60 days
after the date of initial
unit operation;
requirements after
February 18, 1993;
records which must be
maintained
262.34(a)(1)(iii)
262.34(a)(1)(iii)(B)
262.34(a)(1)(iv)
August 18, 1992 - Page 5 of 48
CL109.14 - Ravmd: 3/28/94
Printed: 3/28/94
-------
OSWER DIRECTIVE NO. 9541.00-2(
SPA H
RCRA REVISION CHECKLIST 109: Land Disposal Restrictions for
Newly Listed Wastes and Hazardous Debris (cont'd/)
FEDERAL REQUIREMENTS
written description of
procedures to ensure
each waste volume
remains in unit for no
more than 90 days;
written description of
waste generation and
management practices
for the facility showing
that they are
consistent with
respecting the 90 day
limit; documentation
that procedures are
complied with
documentation that
unit is emptied at least
once every 90 days
remove first paragraph
numbered (a)(2)
(including (a)(2)(i)&(ii)>;
remove unnumbered
paragraph following
(a)(2)(ii)
FEDERAL RCRA CITATION
262.34(a)(1)(iv)(A)
262.34(a)(1)(iv)(B)
262.34(a)(2)
ANALOGOUS STATE CITATION
-
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
•
PART 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE
TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SUBPART G - CLOSURE AND POST-CLOSURE
APPLICABILITY
remove "and" from the
end of paragraph
replace "." with ";"
replace "." with
"; and"
264.1 10{b)(1)
264.1 10(b)(2)
264.110(b)(3)
August 18, 1992 - Page 6 of 48
CL109.14
Raviud: 3
Printed: 3
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 109: Land Disposal Restrictions for
Newly Listed Wastes and Hazardous Debris (cont'd)
FEDERAL REQUIREMENTS
add new paragraph
addressing
containment buildings
that are required under
264.1102 to meet the
requirements for
landfills
FEDERAL RCRA CITATION
264.110(b){4)
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
CLOSURE PERFORMANCE STANDARD
change ", and
264.601 through
264.603" to ",
264.601 through
264.603, and
264.1102"
264.1 11(c)
CLOSURE PLAN; AMENDMENT OF PLAN
replace "264.90 et
seq." with "subpart F
of this part"; change
"and 264.601" to
", 264.601 and
264.1102"
264.112(a)(2)
SUBPART H - FINANCIAL REQUIREMENTS
APPLICABILITY
replace ", and" with
H . n
/
replace "." with ";"
replace "." with ";
and"
add new paragraph
regarding containment
buildings that are
required under
264. 11 02 to meet the
requirements for
landfills
264.140(b)(1)
264.140(b)(2)
264.140(b)(3)
264.140(b)(4)
August 18, 1992 - Page 7 of 48
CL109 14 FWvMd 3/28/94
Printed 3/28/94
-------
OSWER DIRECTIVE NO. 9541.00-21
SPA 1<
RCRA REVISION CHECKLIST 109: Land Disposal Restrictions for
Newly Listed Wastes and Hazardous Debris (cont'd)
t
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE CITATION
STATE ANALOG IS: *
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
COST ESTIMATE FOR CLOSURE
change ", and
264.601 through
264.603" to ",
264.601 through
264.603, and
264.1102"
264.142(a)
SUBPART DD - CONTAINMENT BUILDINGS
APPLICABILITY
applies to
owners/operators
storing or treating
hazardous waste in
units designed and
operated under
264.1101; effective
February 18, 1993,
but may notify
Regional Administrator
of earlier time; not
subject to definition of
land disposal in RCRA
3004(k) provided unit:
is a completely
enclosed, self-
supporting structure
designed and
constructed as
specified
has a primary barrier
designed to withstand
movement of
personnel, wastes and
handling equipment
within unit
if used to manage
liquids:
264.1100
264.1100(a)
264.1100(b)
264.1100(c)
•
August 18, 1992 - Page 8 of 48
CL109.14 - R«vi««d
Printed.
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 109: Land Disposal Restrictions for
Newly Listed Wastes and Hazardous Debris (cont'd)
FEDERAL REQUIREMENTS
primary barrier
designed and
constructed to prevent
migration of hazardous
constituents into
barrier
liquid collection
system to minimize
accumulation of liquid
on primary barrier
secondary
containment system to
prevent hazardous
constituent migration
into barrier; leak
detection and liquid
collection as specified;
variance under
264.1 101 (b)(4)
controls to prevent
fugitive dust emissions
to meet
264.1101(c)(1)(iv)
standards
designed and operated
to ensure containment
and prevent tracking
of materials from unit
by personnel or
equipment
FEDERAL RCRA CITATION
264.1100(0(1)
264.1100(c)(2)
264.1100(0(3)
264.1100(d)
264.1100(e)
ANALOGOUS STATE CITATION
•
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
DESIGN AND OPERATING STANDARDS
all containment
buildings must comply
with following design
standards:
completely enclosed as
specified
264.1101(a)
264.1101(a)(1)
August 18, 1992 - Page 9 of 48
CL109.14 - Ravmd: 3/28/94
Printed. 3/28/94
-------
OSWER DIRECTIVE NO. 9541.00-2(
SPA H
RCRA REVISION CHECKLIST 109: Land Disposal Restrictions for
Newly Listed Wastes and Hazardous Debris (cont'd)
FEDERAL REQUIREMENTS
design and
construction of floor.
containment walls and
secondary
containment system;
unit of sufficient
structural strength to
prevent collapse or
failure; chemically
compatible surfaces;
standards for judging
structural integrity
requirements; when
exception for light-
weight doors and
windows will apply:
provide effective
barrier against fugitive
dust emissions under
264.1 101 (c)(1)(iv)
unit designed and
operated so that
wastes do not contact
openings
no placement of
incompatible wastes or
treatment reagents
that could cause unit
or secondary
containment system to
leak, corrode or
otherwise fail
FEDERAL RCRA CITATION
264.1101{a)(2)
264.1 101 (a)(2)(i)
264.1101(a)(2)(ii)
264.1 101 (a)(3)
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
.
August 18, 1992 - Page 10 of 48
CL109.14 • R*vMd 3
Pnraad 3
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 109: Land Disposal Restrictions for
Newly Listed Wastes and Hazardous Debris (cont'd)
FEDERAL REQUIREMENTS
must have primary
barrier designed to
withstand movement
of personnel, waste
and handling
equipment in unit
during unit operating
life, as appropriate for
waste characteristics
requirements for
hazardous waste
containing free liquids
or treated with free
liquids:
primary barrier to
prevent migration of
hazardous constituents
into the barrier
liquid collection and
removal system to
minimize accumulation
of liquid on primary
barrier:
primary barrier sloped
to drain liquids to
collection system
liquids and waste
collected and removed
to minimize hydraulic
head on containment
system at earliest
practicable time
FEDERAL RCRA CITATION
264.1101(a)(4)
264.1101(b)
264.1 101(b)(1)
264.1101(b)(2)
264.1 101(b)(2)(i)
264.1101(b)(2)(ii)
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
August 18, 1992 - Page 11 of 48
CL109 14 - R«v«H»d 3/28/94
Pnntod: 3/28/94
-------
OSWER DIRECTIVE NO. 9541.00-2
SPA 1
RCRA REVISION CHECKLIST 109: Land Disposal Restrictions for
Newly Listed Wastes and Hazardous Debris (cont'd)
FEDERAL REQUIREMENTS
secondary
containment system to
prevent hazardous
constituent migration
into barrier; leak
detection and liquid
collection as specified
what must be installed
at a minimum to
satisfy leak detection
component of
secondary
containment system
constructed with 1 %
or greater bottom
slope
granular, synthetic, or
geonet drainage
materials as specified
if treatment conducted
in building, treatment
area designed to
prevent releases to
other portions of
building
secondary
containment
construction materials
specifications;
requirements for use
of containment
building as tank
secondary
containment system
FEDERAL RCRA CITATION
264.1 101 (b)(3)
264.1101(b)(3)(i)
264.1 101 (bM3)(i)(A)
264.1 101 (b)(3)(i)(B)
264.11 01 (b)(3)(ii)
264.11 01 (b)(3)(iii)
ANALOGOUS STATE CITATION
STATE ANALOG IS: "
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
August 18, 1992 - Page 12 of 48
CL109.14 -Revind:
Printed:
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 109: Land Disposal Restrictions for
Newly Listed Wastes and Hazardous Debris (cont'd)
FEDERAL REQUIREMENTS
for existing units other
than 90-day generator
units, Regional
Administrator delay of
secondary
containment
requirement if
demonstrated that unit
substantially meets
Subpart DD standards;
for demonstration,
owner/operator must:
provide written notice
by February 18, 1993;
what notice must
contain
respond to Regional
Administrator
comments within 30
days
if approved, fulfill
terms of revised plans
owners and operators
of all containment
buildings must:
use controls and
practices to ensure
containment of
hazardous waste
within unit; at a
minimum:
maintain primary
barrier as specified
maintain level of
stored/treated
hazardous waste as
specified
FEDERAL RCRA CITATION
264.1101(b)(4)
264.1101(b)(4){i)
264.1101(b)(4)(ii)
264.11 01 (b)(4)(iii)
264. 11 01 (c)
264.1101(0(1}
264.1101(c)(1)(i)
264.1 101(c)(1)(ii)
ANALOGOUS STATE CITATION
•
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
August 18, 1992 - Page 13 of 48
CL109.14 -
Revn«d 3/28/94
Printed. 3/28/94
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 109: Land Disposal Restrictions for
Newly Listed Wastes and Hazardous Debris (cont'd)
FEDERAL REQUIREMENTS
take measures to
prevent tracking of
hazardous waste out
of unit; equipment
decontamination area;
rinsate collection and
management
take measures to
control fugitive dust
emissions; maintain
particulate collection
devices as specified;
when "no visible
emissions" must be
maintained
certification by
qualified registered
professional engineer;
for units in operation
prior to February 1 8,
1 993, certification
placed in operating
record or on-site files
no later than 60 days
after date of initial
operation; after
February 18, 1993, PE
certification required
prior to operation of
unit
prompt repairs of unit
throughout active life
as specified, according
to the following
procedures:
-
FEDERAL RCRA CITATION
264.1 101 (c)(1)(iii)
264.1101(c)(1)(iv)
264.1 101 (c)(2)
264.1101(0(3)
ANALOGOUS STATE CITATION
.
STATE ANALOG IS: *
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
August 18, 1992 - Page 14 of 48
CL109.14 -RvviMd: 3
Panted: 3
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 109: Land Disposal Restrictions for
Newly Listed Wastes and Hazardous Debris (cont'd)
FEDERAL REQUIREMENTS
detection of condition
that has led to a
release; leakage from
primary barrier; owner
or operator must:
enter record of
discovery in facility
operating record
immediately remove
portion of containment
building affected by
the condition from
service
determine steps to be
taken for repair,
remove leakage from
secondary collection
system and establish
schedule for cleanup
a'nd repairs
within 7 days, notify
Regional Administrator
of condition; within 14
working days, provide
written notice to
Regional
Administrator; what
written notice must
include
Regional Administrator
must review notice,
determine extent to
which unit must be
removed from service
during repairs, and
notify owner/operator
of determination and
rationale in writing
FEDERAL RCRA CITATION
264.11 01 (c)(3)(i)
264.1 101 (c)(3)(i)(A)
264.11 01 (c)(3)(i)(B)
r
264.1101(c)(3)(i)(C)
264.1 101 (c)(3)(i)(D)
264.1 101 (c)(3)(ii)
ANALOGOUS STATE CITATION
-
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
•
August 18, 1992 - Page 15 of 48
CL109.14 - Ravmd: 3/28/94
Printed: 3/28/94
-------
OSWER DIRECTIVE NO. 9541.00-2C
SPA V
RCRA REVISION CHECKLIST 109: Land Disposal Restrictions for
Newly Listed Wastes and Hazardous Debris (cont'd)
FEDERAL REQUIREMENTS
written notification to
Regional Administrator
on completion of repair
and cleanup;
verification by a
qualified, registered
professional engineer
that repairs and
cleanup are in
compliance with
264.11 01 (c)(3)(i)(D)
plan
what must be
inspected and
recorded in facility's
operating records, at
least once every seven
days
for containment
buildings that contain
areas both with and
without secondary
containment, the
owner/operator must:
design and operate
each area in
accordance with
264.1101{a)-(c)
requirements
take measures to
prevent release of
liquids or wet
materials into areas
without secondary
containment
FEDERAL RCRA CITATION
264.1 101 (c)(3)(iii)
264.1101{c)(4)
264. 11 01 (d)
264.1101(d)(1)
264.1 101(d)(2)
ANALOGOUS STATE CITATION
STATE ANALOG IS: "
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
August 18, 1992 - Page 16 of 48
CL109.14 - RaviMd: 3,
Printed: 3,
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 109: Land Disposal Restrictions for
Newly Listed Wastes and Hazardous Debris (cont'd-)
FEDERAL REQUIREMENTS
maintain in facility's
operating log a written
description of
operating procedures
used to maintain
integrity of areas
without secondary
containment
Regional Administrator
waiver of secondary
containment
requirements; what
owner/operator must
demonstrate
FEDERAL RCRA CITATION
264.1101(d)(3)
\
264.1101(e)
ANALOGOUS STATE CITATION
STATE ANALOG IS.
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
CLOSURE AND POST-CLOSURE CARE
what must be done at
closure; closure plan.
closure activities, cost
estimates, and
financial responsibility
must meet all 264
Subpart G & H
requirements
if 264.1102(a)
requirements met and
not all contaminated
subsoils can be
removed or
decontaminated, close
facility and perform
post-closure care as
for landfill under
264.310;
owner/operator must
meet 264 Subpart G &
H requirements for
landfills
reserved
264.1102(a)
264.1102(b)
264.1103-264.1110
•
,
August 18, 1992 - Page 17 of 48
CL109 14
R*v»*d 3/28/94
Pnm»d 3/28/94
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 109: Land Disposal Restrictions for
Newly Listed Wastes and Hazardous Debris (cont'd)
t
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE CITATION
STATE ANALOG IS: *
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
PART 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF
HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SUBPART G - CLOSURE AND POST-CLOSURE
APPLICABILITY
remove "and" from
end of paragraph
remove "and" from
end of paragraph
replace "." with
"; and"
add new paragraph
addressing
containment buildings
that are required under
265.1102 to meet the
requirements for
landfills
265.110(b)(1)
265.110{b)(2)
265.110(b)(3)
265.110(b)(4)
CLOSURE PERFORMANCE STANDARD
change "and 265.404"
to ", 265.404, and
264.1102"
265.1 11(c)
CLOSURE PLAN; AMENDMENT OF PLAN
4 replace "§§ 265.90 et
seq." with "subpart F
of this part, §§";
change ", and
265.404" to
", 265.404, and
264.1102"
265.112(d)(4)
August 18, 1992 - Page 18 of 48
CL109.14 - RaviMd. 3,
Printed: 3
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 109: Land Disposal Restrictions for
Newly Listed Wastes and Hazardous Debris (cont'dj
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
\
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
SUBPART H - FINANCIAL REQUIREMENTS
APPLICABILITY
265. 144 and 265.146
apply only to owners
and operators of:
disposal facilities
tank systems required
to meet landfill
requirements under
264.197
containment buildings
required to meet
landfill requirements
265.140(b)
265.140(b)(1)
265.140(b)(2)
265.140(b)(3)
COST ESTIMATE FOR CLOSURE
replace "of §§
265.178" with "in §§
265.178"; change
"and 265.404" to ",
265.404 and
265.1102"
265.142(a)
August 18, 1992 - Page 19 of 48
CL109.14 - R*vi«d: 3/28/94
Printed: 5/3/94
-------
OSWER DIRECTIVE NO. 9541.00-2
SPA 1
RCRA REVISION CHECKLIST 109: Land Disposal Restrictions for
Newly Listed Wastes and Hazardous Debris (cont'd)
I
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE CITATION
^
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
SUBPART K - SURFACE IMPOUNDMENTS
DESIGN AND OPERATING REQUIREMENTS
add new paragraph
regarding surface
impoundments newly
subject to RCRA
§3005(j)(1) must be in
compliance with
265.221(a),(c)&(d)no
later than 48 months
after additional
characteristic or listing
promulgation; Part 268
land disposal
prohibitions or an
extension to an
effective date, within
the 48-month period,
shall not cut short
compliance period
265. 221 (h)
•
SUBPART DD - CONTAINMENT BUILDINGS
APPLICABILITY
applies to
owners/operators
storing or treating
hazardous waste in
units designed and
operated under
265.1101; effective
February 18, 1993,
but may notify
Regional Administrator
of earlier time; not
subject to definition of
land disposal in RCRA
3004(k) provided unit:
265.1100
August 18, 1992 - Page 20 of 48
CL1O9.1* -
Pnracd
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 109: Land Disposal Restrictions for
Newly Listed Wastes and Hazardous Debris (cont'dj
FEDERAL REQUIREMENTS
is a completely
enclosed, self
supporting structure
designed and
constructed as
specified
has a primary barrier
designed to withstand
movement of
personnel, wastes and
handling equipment
within unit
if used to manage
liquids:
primary barrier
designed and
constructed to prevent
migration of hazardous
constituents into
barrier
liquid collection
system to minimize
accumulation of liquid
on primary barrier
secondary
containment system to
prevent hazardous
constituent migration
into barrier; leak
detection and liquid
collection as specified;
variance under
265.1 101 (b)(4)
controls to prevent
fugitive dust emissions
FEDERAL RCRA CITATION
265.1100(3)
265.1100(b)
265.1100(c)
265.1100(c)(1)
265.1100(c)(2)
265.1100(c)(3)
265.1100(d)
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
August 18, 1992 - Page 21 of 48
CL1O9.14 - RaviMd- 3/28/94
PnntMl: 3/28/94
-------
OSWER DIRECTIVE NO. 9541.00-2<
SPA 1<
RCRA REVISION CHECKLIST 109: Land Disposal Restrictions for
Newly Listed Wastes and Hazardous Debris (cont'd)
FEDERAL REQUIREMENTS
designed and operated
to ensure containment
and prevent tracking
of materials from unit
by personnel or
equipment
FEDERAL RCRA CITATION
265.1100(6)
ANALOGOUS STATE CITATION
STATE ANALOG IS: '
EQUIV-
ALENT
LESS
STRIN-
GENT
MJRE
STRIN-
GENT
BROADER
IN SCOPE
DESIGN AND OPERATING STANDARDS
all containment
buildings must comply
with following design
standards:
completely enclosed as
specified
design and
construction of floor,
containment walls and
secondary
containment system;
unit of sufficient
structural strength to
prevent collapse or
failure; chemically
compatible surfaces;
standards for judging
structural integrity
requirements; when
exception for light-
weight doors and
windows will apply:
provide effective
barrier against fugitive
dust emissions under
265.110Kc)(1)(iv)
unit designed and
operated so that
wastes do not contact
openings
265.1101(a)
265.1101(a)(1)
265.1101(a)(2)
265.1 101 (a)(2)(i)
265.1 101 (a)(2)(ii)
August 18, 1992 - Page 22 of 48
CL109.U-RaviMd:
Pi 111 tod*
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 109: Land Disposal Restrictions for
Newly Listed Wastes and Hazardous Debris Icont'd-)
FEDERAL REQUIREMENTS
no placement of
incompatible wastes or
treatment reagents
that could cause unit
or secondary
containment system to
leak, corrode or
otherwise fail
must have primary
barrier designed to
withstand movement
of personnel, waste
and handling
equipment in unit
during unit operating
life, as appropriate for
waste characteristics
requirements for
hazardous waste
containing free liquids
or treated with free
liquids:
primary barrier to
prevent migration of
hazardous constituents
into the barrier
liquid collection and
removal system to
prevent accumulation
of liquid on primary
barrier:
primary barrier sloped
to drain liquids to
collection system
FEDERAL RCRA CITATION
265.1101(a)(3)
265.1101(a)(4)
265.1101(b)
265.1101(b)(1)
265.1101(b)(2)
265.1101(b)(2)(i)
ANALOGOUS STATE CITATION
-
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
August 18, 1992 - Page 23 of 48
CL109.14 - RavKMl 3/28/94
Printed: 3/28/94
-------
OSWER DIRECTIVE NO. 9541.00-2
SPA 1
RCRA REVISION CHECKLIST 109: Land Disposal Restrictions for
Newly Listed Wastes and Hazardous Debris (cont'd)
FEDERAL REQUIREMENTS
liquids and waste
collected and removed
to minimize hydraulic
head on containment
system at earliest
practicable time to
protect human health
and environment
secondary
containment system to
prevent hazardous
constituent migration
into barrier; leak
detection and liquid
collection as specified
what must be installed
at a minimum to
satisfy leak detection
component of
secondary
containment system
construct with 1 % or
greater bottom slope
granular, synthetic, or
geonet drainage
materials as specified
if treatment conducted
in building, treatment
area designed to
prevent releases to
other portions of
building
FEDERAL RCRA CITATION
265.1 101 (b)(2)(ii)
265.1101(b)(3)
265.1 101 (b)(3)(i)
265.1 101 (b)(3)(i)(A)
265.1 101 (b)(3)(i)(B)
265.1 101 (b)(3Hii)
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
August 18, 1992 - Page 24 of 48
CL109.14 -Revmd:
Pnntad:
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 109: Land Disposal Restrictions for
Newly Listed Wastes and Hazardous Debris (cont'd)
FEDERAL REQUIREMENTS
secondary
containment
construction materials
specifications;
requirements for use
of containment
building as tank
secondary
containment system
for existing units other
than 90-day generator
units. Regional
Administrator delay of
secondary
containment
requirement if
demonstrated that unit
substantially meets
Subpart DD standards;
for demonstration,
owner/operator must:
provide written notice
by February 18, 1993;
what notice must
contain
respond to Regional
Administrator
comments within 30
days
if approved, fulfill
terms of revised plans
owners and operators
of all containment
buildings must:
FEDERAL RCRA CITATION
265.1 101 (b){3)(iii)
265.1 101 (b)(4)
265.1101(b)(4)(i)
265.1 101 (b)(4)(ii)
265.1101(b)(4)(iii)
265.1 10KO
ANALOGOUS STATE CITATION
'
STATE ANALOG IS
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
August 18, 1992 - Page 25 of 48
CL109.14 - Ravmd: 3128194
Printed- 3/28/94
-------
OSWER DIRECTIVE NO. 9541.00-2C
SPA V
RCRA REVISION CHECKLIST 109: Land Disposal Restrictions for
Newly Listed Wastes and Hazardous Debris (cont'd)
FEDERAL REQUIREMENTS
use controls and
practices to ensure
containment of
hazardous waste
within unit; at a
minimum:
maintain primary
barrier as specified
maintain level of
stored/treated
hazardous waste as
specified
take measures to
prevent tracking of
hazardous waste out
of unit; equipment
decontamination area;
rinsate collection and
management
take measures to
control fugitive dust
emissions; maintain
particulate collection
devices as specified;
when "no visible
emissions" must be
maintained
FEDERAL RCRA CITATION
265.1101(0(1)
265.1 101 (c)(1)(i)
265.1101(c)(1)(ii)
265.1101(c){1)(iii)
265.11 01 (c)(1)(iv)
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
August 18, 1992 - Page 26 of 48
CL109.14 - B»v»«d:
Pruned:
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 109: Land Disposal Restrictions for
Newly Listed Wastes and Hazardous Debris (cont'd)
FEDERAL REQUIREMENTS
certification by
qualified registered
professional engineer;
for units in operation
prior to February 18,
1 993, certification
placed in operating
record or on-site files
no later than 60 days
after date of initial
operation; after
February 18, 1993, PE
certification required
prior to operation of
unit
prompt repairs of unit
throughout active life,
according to the
following procedures:
detection of condition
that has led to a
release; leakage from
primary barrier; owner
or operator must:
enter record of
discovery in facility
operating record
immediately remove
portion of containment
building affected by
the condition from
service
determine steps to be
taken for repair;
remove leakage from
secondary collection
system and establish
schedule for cleanup
and repairs
FEDERAL RCRA CITATION
265.1101(c)(2)
265.1 101 (c)(3)
265.1101{c)(3)(i)
265.1 101 (c)(3)(i)(A)
265.1 101 (c)(3)(i)(B)
265.1101(c)(3)(i)(C)
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
•
MORE
STRIN-
GENT
BROADER
IN SCOPE
•
August 18, 1992 - Page 27 of 48
CL109 14 R.vMd
3/28/94
3/28/94
-------
OSWER DIRECTIVE NO. 9541.00-2
SPA1
RCRA REVISION CHECKLIST 109: Land Disposal Restrictions for
Newly Listed Wastes and Hazardous Debris (cont'd)
i
-
FEDERAL REQUIREMENTS
within 7 days, notify
Regional Administrator
of condition; within 1 4
working days, provide
written notice to
Regional
Administrator; what
written notice must
include
Regional Administrator
must review notice.
determine extent to
which unit must be
removed from service
during repairs, and
notify owner/operator
of determination and
rationale in writing
written notification of
Regional Administrator
on completion of repair
and cleanup;
verification by a
qualified, registered
professional engineer
that repairs and
cleanup are in
compliance with
265.1 101 (c)(3)(i)(D)
plan
what must be
inspected and
recorded in facility's
operating records, at
least once every seven
days
FEDERAL RCRA CITATION
265.1 101 (c)(3)(i)(D)
265.1 101 (c)(3)(ii)
,
265.1101(c)(3Miii)
265.1101(c)(4)
ANALOGOUS STATE CITATION
-
•
\
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
August 18, 1992 - Page 28 of 48
CL109.14 -RaviMd:
PrinMd:
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 109: Land Disposal Restrictions for
Newly Listed Wastes and Hazardous Debris (cont'd.)
FEDERAL REQUIREMENTS
for containment
building that contains
both areas with and
without secondary
containment, the
owner/operator must:
design and operate
each area in
accordance with
265.1101
-------
OSWER DIRECTIVE NO. 9541.00-21
SPA1-
RCRA REVISION CHECKLIST 109: Land Disposal Restrictions for
Newly Listed Wastes and Hazardous Debris (cont'd)
I
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
CLOSURE AND POST-CLOSURE CARE
what must be done at
closure; closure plan,
closure activities, cost
estimates, and
financial responsibility
must meet all 265
Subparts G & H
requirements
if 265.1102(a)
requirements met and
not all contaminated
soils can be removed
or decontaminated.
close facility and
perform post-closure
care as for landfill
under 265.310;
owner/operator must
meet 265 Subparts G
& H requirements for
landfills
reserved
265.1102(a)
265.1102{b)
265.1103-265.1110
PART 268 - LAND DISPOSAL RESTRICTIONS
SUBPART A - GENERAL
DEFINITIONS APPLICABLE IN THIS PART
remove definition of
"inorganic solid
debris"; add new
paragraph defining
"debris"
add new paragraph
defining "hazardous
debris"
268.2(g)
268.2(h)
August 18, 1992 - Page 30 of 48
CL109 14 .
Preflvd
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 109: Land Disposal Restrictions for ;
Newly Listed Wastes and Hazardous Debris (cont'd)
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
***********************************************************************
Guidance note: 268.5 is NOT DELEGABLE. States should see Note 2 at the beginning of this
checklist regarding how to incorporate this section into their code.
PROCEDURES FOR CASE-BY-CASE EXTENSIONS TO AN EFFECTIVE DATE
replace";" with "; or"
at the end of the
paragraph
replace "." with "; or"
at the end of the
paragraph
redesignate old
268.5(h)(2)(v) as
268.5(h)(2)(vi); add
new paragraph
addressing surface
impoundments newly
subject to RCRA
3006(j)(1);
compliance with 265
Subpart F within 1 2
months and with
265.221(a), (c), and
(d) within 48 months;
effect of a national
capacity variance
old 268.5(h)(2)(v)
becomes new
268.5(h)(2)(vi)
268.5(h)(2)(ii)
268.5(h)(2)(iv)
268.5(h)(2)(v)
268.5(h)(2)(vi)
WASTE ANALYSIS ANC
remove "and" from
end of subparagraph
) RECORDKEEPING
268.7(a)(1)(iii)
August 18, 1992 - Page 31 of 48
CL 7 09.14 - RevMOd: 3/28/94
Pnnt«d- 3/28/94
-------
OSWER DIRECTIVE NO. 9541.00-:
SPA 1
RCRA REVISION CHECKLIST 109: Land Disposal Restrictions for
Newly Listed Wastes and Hazardous Debris (cont'd)
i
FEDERAL REQUIREMENTS
redesignate old
268.7(a)(1)(iv) as
268.7
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 109: Land Disposal Restrictions for
Newly Listed Wastes and Hazardous Debris (cont'd)
FEDERAL REQUIREMENTS
in two places, replace
"tanks or containers"
with "tanks.
containers, or
containment
buildings"; before the
last sentence, insert a
parenthetical sentence
addressing generators
treating hazardous
debris under
alternative treatment
standards of Table 1 ,
268.45
add clause addressing
debris excluded from
the hazardous waste
definition at 261.3(e),
which is subject to
notification and
certification under
268.7(d)
add sentence
addressing debris
excluded from the
definition of hazardous
waste under 261 .3(e),
which is subject to
notification and
certification under
268.7(d)
notification and
certification
requirements for
generators or treaters
who first claim that
hazardous debris is
excluded from the
definition of hazardous
waste under 261. 3(e)
FEDERAL RCRA CITATION
268.7(a)(4)
268.7(b)(4)
268.7(b)(5)
268.7(d)
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
August 18, 1992 - Page 33 of 48
CL109.U
RavMod: 3/28/94
Printed: 3/28/94
-------
OSWER DIRECTIVE NO. 9541.00-2
SPA 1
RCRA REVISION CHECKLIST 109: Land Disposal Restrictions for
Newly Listed Wastes and Hazardous Debris (cont'd)
FEDERAL REQUIREMENTS
one-time notification
including specified
information
when notification must
be updated
how the owner or
operator must
document and certify
compliance with Table
1, 268.45 treatment
standards
FEDERAL RCRA CITATION
268.7(d){1)
268.7(d)(1)(i)
268.7(d)(1)(ii)
268.7(d)(1)(iii)
268.7(d)(2)
268.7(d)(3)
268.7(d)(3)(i)
268.7(d)(3)(ii)
268.7(d)(3)(iii)
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
SPECIAL RULES REGARDING WASTES THAT EXHIBIT A CHARACTERISTIC
revise paragraph after
"no longer hazardous";
place one-time
notification and
certification in
generator's/treater's
files and send to EPA
region or authorized
State; when
notification and
certification must be
updated; annual
EPA/State notification
if such changes occur.
by December 31
remove "The" at
beginning of
subparagraph
remove text after
"Hazardous Waste
Number(s)"; add "and
treatability group(s);"
268. 9(d)
268.9(d)(1)(i)
268.9(d)(1)(ii)
•
August 18, 1992 - Page 34 of 48
CL109.14 -R.viMd: :
Printed: :
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 109: Land Disposal Restrictions for
Newly Listed Wastes and Hazardous Debris (cont'd)
FEDERAL REQUIREMENTS
remove "initial"
replace
"268.7(b)(5)(D" with
"268.7(b)(5)B
FEDERAL RCRA CITATION
268.9(d)(1)(iii)
268.9(d)(2)
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
SUBPART B - SCHEDULE FOR LAND DISPOSAL PROHIBITION AND ESTABLISHMENT OF
TREATMENT STANDARDS
SURFACE IMPOUNDMENT EXEMPTIONS
defines additional
circumstances in
which prohibited
waste may continue to
be placed in a surface
impoundment
continued storage of
"newly identified
waste" in newly
regulated
impoundment for 48
months after the
promulgation of the
additional listing or
characteristic,
provided waste is not
otherwise prohibited
and impoundment is in
compliance with 265,
Subpart F within 1 2
months after new
listing/characteristic
promulgation
268.14(a)
268.14(b)
,
August 18, 1992 - Page 35 of 48
CL109.14 - ReviMd: 3/28/94
Printed: 3/28/94
-------
OSWER DIRECTIVE NO. 9541.00-2
SPA 1
RCRA REVISION CHECKLIST 109: Land Disposal Restrictions for
Newly Listed Wastes and Hazardous Debris (cont'd)
FEDERAL REQUIREMENTS
continue treatment of
"newly identified
waste" in newly
regulated
impoundment.
provided waste is not
otherwise prohibited
and surface
impoundment is in
compliance with 265,
Subpart F within 1 2
months after new
listing/characteristic
promulgation
FEDERAL RCRA CITATION
268.14(c)
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
SUBPART C - PROHIBITIONS ON LAND DISPOSAL
WASTE SPECIFIC PROHIBITIONS - NEWLY LISTED WASTES
effective November 9,
1992, K107, K108,
K109, K110, K111,
K112, K117, K118,
K123, K124, K125,
K126, K131,K132,
K136, U328, U353
and U359 prohibited
from land disposal
effective June 30,
1993, F037 and F038
not generated from
surface impoundment
cleanouts or closures
are prohibited from
land disposal
effective June 30,
1994, F037and F038
generated from
surface impoundment
cleanout or closures
are prohibited from
land disposal
268.36(a)
268.36(b)
268.36(c)
-
August 18, 1992 - Page 36 of 48
CL109.14 - Ravmd:
Printed
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 112:
Recycled Used Oil Management Standards (cont'd)
FEDERAL REQUIREMENTS
returnable presumption
does not apply to used
oils contaminated with
chlorofluorocarbons
(CFCs) removed from
refrigeration units if
the CFCs are destined
for reclamation;
presumption does
apply to used oils
contaminated with
CFCs that have been
mixed with used oil
from sources other
than refrigeration units
records described in
279.63(a), (b) and (c)
must be maintained for
at least 3 years
FEDERAL RCRA CITATION
279.63(c)(2)
279.63(d)
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
September 10, 1992 - Page 68 of 81
CL112.M
3/28/94
Pnrrt»d 5/3/94
-------
OSWER DIRECTIVE NO. 9541.00-21
SPA 1-
RCRA REVISION CHECKLIST 112:
Recycled Used Oil Management Standards (cont'd)
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE CITATION
— — \
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
REBUTTABLE PRESUMPTION FOR USED OIL
owner/operator of a
burner facility must
determine whether
total halogen content
of used oil managed at
the facility is above or
below 1 ,000 ppm
how the
owner/operator must
mslfo thic
1 1 Idlvc Ll HO
determination
if the used oil contains
> 1 ,000 ppm total
halogens, it is
presumed to be a
hazardous waste; how
the owner/operator
may rebut the
presumption; SW-846
example; where to
obtain SW-846
rebuttable presumption
does not apply to
metalworking
oils/fluids containing
chlorinated paraffins if
processed, through a
tolling arrangement, to
reclaim metalworking
oils/fluids; presumption
does apply to
metalworking
oils/fluids if such
oils/fluids are recycled
in any other manner or
disposed
279.63(a)
279.63(b)
279.63(b)(1)
279.63(b)(2)
279.63(b)(3)
279.63(c)
279.63(c)(1)
4,18
September 10, 1992 - Page 67 of 81
CL112.U -Ravmd :
Printed:
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 112:
Recycled Used Oil Management Standards (cont'd)
FEDERAL REQUIREMENTS
used oil burners may
aggregate off-
specification used oil
with virgin oil or on-
specification used oil
for purposes of
burning, but may not
aggregate to produce
on-specification used
oil
FEDERAL RCRA CITATION
279.61(b)(2)
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
NOTIFICATION
burners, who have not
done so, must comply
with RCRA § 3010
notification
requirements and
obtain an EPA ID
number
a used oil burner
without an EPA ID
number may obtain
one by submitting
either:
a completed EPA Form
8700-12; or
a letter requesting an
EPA ID number; what
the letter should
include
279.62(a)
279.62(b)
279.62(b)(1)
279.62(b)(2)
279.62(b)(2Mi)
279.62(b)(2)(ii)
279.62(b)(2)(iii)
279.62{b)(2)(iv)
279.62(b)(2)(v)
279.62(b)(2)(vi)
•
September 10, 1992 - Page 66 of 81
CL112.14
tovmad. 3/28/94
Printed 5/3/94
-------
OSWER DIRECTIVE NO. 9541.00-:
SPA 1
RCRA REVISION CHECKLIST 1 12:
Recycled Used Oil Management Standards (cont'd-)
FEDERAL REQUIREMENTS
Subpart G does not
apply to persons
burning used oil that
meets the specification
of 279.11, if burner
meets Part 279,
Subpart H
requirements
FEDERAL RCRA CITATION
279.60(c)
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADE
IN SCOP
RESTRICTIONS ON BURNING
off-specification used
oil fuel may be burned
for energy recovery
only in specific
devices:
industrial furnaces
identified in 260.10
specific boilers
hazardous waste
incinerators subject to
Subpart O of Part 264
or 265
burners may not
process used oil unless
they also comply with
Subpart F of Part 279
279. 61 (a)
279.61(a)(1)
279.61 (a)(2)
279.61(a)(2Mi)
279.61(a)(2)(ii)
279.61(a)(2)(iii)
279.61(a){3)
279.61(b)(1)
September 10, 1992 - Page 65 of 81
CL112.14 - RcviMd:
Prints)
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 112:
Recycled Used Oil Management Standards (cont'd)
FEDERAL REQUIREMENTS
burned incidentally to
processing by a
processor/re-refiner
specific used oil
burners are subject to
additional provisions of
Part 279 as follows:
burners who generate
used oil must also
comply with Subpart C
of Part 279
burners who transport
used oil must also
comply with Subpart E
of Part 279
except as 279. 61 (b)
provides, burners who
process or re-refine
used oil must also
comply with Subpart F
of Part 279
burners must also
comply with Subpart H
of Part 279 if they
direct shipments of
off-specification used
oil to a used oil burner
or first claim that used
oil meets used oil fuel
specifications of
279.11
burners who dispose
of used oil must also
comply with Subpart I
of Part 279
FEDERAL RCRA CITATION
279.60{a){2)
279.60(b)
279.60(b){1)
279.60(b)(2)
279.60(b){3)
279.60(b)(4)
279.60(b)(5)
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
V
BROADER
IN SCOPE
17
September 10, 1992 - Page 64 of 81
CL112.14
•Rev»ed 3/28/94
Pnrrtod 5/3/94
-------
OSWER DIRECTIVE NO. 9541.00-2
SPA 1
RCRA REVISION CHECKLIST 112:
Recycled Used Oil Management Standards (cont'dj
i
FEDERAL REQUIREMENTS
processor/re-refiner
must send a letter by
March 1 of each even-
numbered year to the
Regional Administrator
about used oil
activities during the
previous calendar year;
what the letter must
include
FEDERAL RCRA CITATION
279.57(b)
279.57(b)(1)
279.57(b)(2)
279.57(b)(3)
ANALOGOUS STATE CITATION
" 1
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
OFF-SITE SHIPMENTS OF USED OIL
processors/re-refiners
who initiate shipments
off-site must use a
used oil transporter
with an EPA ID
number
279.58
•
MANAGEMENT OF RESIDUES
1 6 residues from storage,
processing, or re-
refining must be
managed as specified
in 279.10(e)
279.59
SUBPART G - STANDARDS FOR USED OIL BURNERS WHO BURN OFF-SPECIFICATION USEC
OIL FOR ENERGY RECOVERY
APPLICABILITY
except as
279.60(a)(1)&(2J
specify, Subpart G
applies to used oil
burners; definition of a
used oil burner;
exceptions:
burned in an on-site
space heater under
279.23 provisions
279.60(a)
279.60(a)(1)
September 10, 1992 - Page 63 of 81
CL112 14 - R*v>*d :
Pnrt.d
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 112:
Recycled Used Oil Management Standards (cont'dj
FEDERAL REQUIREMENTS
quantity of used oil
shipped
shipment date
records described in
279.56(a) and (b)
must be maintained for
at least 3 years
FEDERAL RCRA CITATION
279.56(b)(5)
279.56(b)(6)
279.56(c)
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
OPERATING RECORD AND REPORTING
operating record
owner/operator must
keep a written
operating record at the
facility
information must be
recorded as it becomes
available and
maintained in the
operating record until
facility closure
records and results of
used oil analyses
described in 279.55
analysis plan
summary reports and
details of all incidents
that require
implementation of the
contingency plan of
279.52(b)
279.57
279.57(a)(1)
279.57(a)(2)
279.57(a)(2)(i)
279.57(a)(2)(ii)
September 10, 1992 - Page 62 of 81
CL112 14 - flavmd 3/28/94
Pnnted 5/3/94
-------
OSWER DIRECTIVE NO. 9541.00-2
SPA 1
RCRA REVISION CHECKLIST 112:
Recycled Used Oil Management Standards (cont'd)
i
FEDERAL REQUIREMENTS
EPA ID number of
transporter
EPA ID number of
generator or
processor/re-refiner
quantity of used oil
accepted
date of acceptance
processors/re-refiners
must keep a record of
each used oil shipment
shipped to a used oil
burner, processor/re-
refiner, or disposal
facility; forms records
may take; what the
records must include
for each shipment:
name and address of
transporter who
delivers used oil to
burner, processor/re-
refiner or disposal
facility
name and address of
burner, processor/
re-refiner or disposal
facility who will
receive the used oil
EPA ID number of
transporter
EPA ID number of
burner, processor/
re-refiner or disposal
facility
FEDERAL RCRA CITATION
279.56(a)(3)
279.56(a)(4)
279.56(a)(5)
279.56(a)(6)
279.56(b)
279.56(b)(1)
279.56(b)(2)
279.56(b)(3)
279.56(b)(4)
ANALOGOUS STATE CITATION
*
i
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
'
MORE
STRIN-
GENT
BROADER
IN SCOPE
September 10, 1992 - Page 61 of 81
CL112.14 -Revised
Printed
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 112:
Recycled Used Oil Management Standards (cont'd)
FEDERAL REQUIREMENTS
whether used oil will
be sampled and
analyzed before or
after processing/re-
refining
frequency of sampling
and whether analysis
will be performed on-
site or off-site
methods used to
analyze used oil for
279.72 parameters
type of information
that will be used to
make the on-
specification used oil
fuel determination
FEDERAL RCRA CITATION
279.55(b)(2)(ii)
279.55(b)(2)(iii)
279.55(b)(2)(iv)
279.55(b)(3)
ANALOGOUS STATE CITATION
•
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
TRACKING
processors/re-refiners
must keep a record of
each used oil shipment
accepted for
processing/re-refining;
forms records may
take; what the records
must include for each
shipment:
name and address of
transporter who
delivered used oil to
processor/re-refiner
name and address of
generator or
processor/re-refiner
from whom the used
oil was sent
279.56(a)
279.56(a}(1)
279.56(aM2)
September 10, 1992 - Page 60 of 81
CL112.14 - Raviud. 3/28/94
Printed: 5/3/94
-------
OSWER DIRECTIVE NO. 9541.00-2C
SPA 14
RCRA REVISION CHECKLIST 112:
Recycled Used Oil Management Standards (cont'd).
FEDERAL REQUIREMENTS
if sample analyses are
used:
methods to be used to
obtain representative
samples
frequency of sampling
and whether analysis
will be performed on-
site or off-site
methods used to
analyze used oil for
279.53 parameters
type of information
that will be used to
determine halogen
content of the used oil
if 279.72 on-
specification used oil
fuel requirements
apply, at a minimum
the plan must specify:
whether sample
analyses or other
information will be
used to make this
determination
if sample analyses are
used:
methods to be used to
obtain representative
samples
FEDERAL RCRA CITATION
279.55(a)(2)
279.55(a)(2)(i)
279.55(a)(2)(i)(A)
279.55(a)(2)(i)(B)
279.55(a)(2)(ii)
279.55(a)(2)(iii)
279.55(a)(3)
279.55(b)
279.55(b)(1)
279.55{b)(2)
279.55(b)(2)(i)
279.55(b)(2)(i)(A)
279.55(b)(2)(i)(B)
ANALOGOUS STATE CITATION
,
STATE ANALOG IS.
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
September 10, 1992 - Page 59 of 81
CL112.14
Ravwed -
Printed
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 112:
Recycled Used Oil Management Standards (cont'd;)
FEDERAL REQUIREMENTS
containers of used oils
or used oil residues
must be removed from
the site
owner/operator must
remove or
decontaminate used oil
residues, contaminated
containment system
components.
contaminated soils,
and structures and
equipment
contaminated with
used oil and manage
them as hazardous
waste; exception
FEDERAL RCRA CITATION
279.54(h)(2)(i)
279.54(h){2)(ii)
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
ANALYSIS PLAN
owners/operators of
used oil processing
and re-refining
facilities must develop
and follow a written
analysis plan
describing procedures
to be used to comply
with analysis
requirements of
279.53 and 279.72;
plan must be kept at
the facility
for 279.53, what the
plan must specify, at a
minimum:
whether sample
analyses or knowledge
of the halogen content
will be used
279.55
279.55(a)
279.55(a)(1)
September 10, 1992 - Page 58 of 81
CL112.14 - R«v»*d 3/28/94
Pnnttd 5/3/94
-------
OSWER DIRECTIVE NO. 9541.00-2i
SPA 1-
RCRA REVISION CHECKLIST 11 2:
Recycled Used Oil Management Standards (cont'd)
FEDERAL REQUIREMENTS
at closure,
owners/operators who
store or process used
oil in aboveground
tanks must comply
with these
requirements:
owner/operator must
remove or
decontaminate used oil
residues in tanks.
contaminated
containment system
components.
contaminated soils.
and structures and
equipment
contaminated with
used oil and manage
them as hazardous
waste; exception
if owner/operator
demonstrates that not
all contaminated soils
can be removed or
decontaminated.
closure and post-
closure care as for a
hazardous waste
landfill
at closure.
owners/operators who
store used oil in
containers must
comply with these
requirements:
FEDERAL RCRA CITATION
279.54(h}{1)
279.54(h)(1)(i)
279.54(h)(1)(ii)
279.54(h)(2)
ANALOGOUS STATE CITATION
\
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
September 10, 1992 - Page 57 of 81
CL112.14 - Revised: 3
Printed:
-------
OSWER DIRECTIVE NO. 9541.0O-20
SPA 14
RCRA REVISION CHECKLIST 112:
Recycled Used Oil Management Standards (cont'd)
FEDERAL REQUIREMENTS
containers and
aboveground tanks
must be clearly labeled
or marked "Used Oil"
fill pipes used to
transfer used oil into
underground storage
tanks must be clearly
labeled or marked
"Used Oil"
upon detection of a
release of used oil to
the environment not
subject to Part 280,
Subpart F, which has
occurred after the
effective date of the
authorized used oil
program for the State
in which the release is
located, the
owner/operator must
perform these cleanup
steps:
stop the release
contain the released
used oil
clean up and properly
manage the released
used oil and other
materials
repair or replace
leaking used oil
storage containers or
tanks prior to returning
them to service
closure
FEDERAL RCRA CITATION
279.54(f)(1)
279.54(f)(2)
279.54(g)
279.54(g)(1)
279.54{g)(2)
279.54(g)(3)
279.54(g)(4)
279.54(h)
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
September 10, 1992 - Page 56 of 81
CL112.J4 - flcvwed- 3/28/94
Printed 5/3/94
-------
OSWER DIRECTIVE NO. 9541.00-2C
SPA 1'
FfCRA REVISION CHECKLIST 112:
Recycled Used Oil Management Standards (cont'df-
FEDERAL REQUIREMENTS
what the secondary
containment system
must, at a minimum,
include
entire containment
system must be
sufficiently impervious
to prevent any oil
released into the
system from migrating
to soil, groundwater or
surface water
new aboveground
tanks used to store or
process used oil must
be equipped with a
secondary
containment system
what the secondary
containment system
must, at a minimum,
include
entire containment
system must be
sufficiently impervious
to prevent any oil
released into the
system from migrating
to soil, groundwater or
surface water
labels
FEDERAL RCRA CITATION
279.54(d){1)
279.54(d)(1Mi)
279.54(d)(1)(ii)
279.54(d)(1)(iii)
279.54(d)<2)
279.54(e)
279.54(e)(1)
279.54(e)(1)(i)
279.54(e)(1)(ii)
279.54(e)(1)(iii)
279.54(e)(2)
279.54(f)
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
•
September 10, 1992 - Page 55 of 81
CL112.14 -RaviMd: 3
Printed:
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 112:
Recycled Used Oil Management Standards (cont'd)
FEDERAL REQUIREMENTS
processors/re-refiners
may not store or
process used oil in
units other than tanks,
containers, or units
subject to regulation
under Part 264 or 265
containers and
aboveground tanks
must be:
in good condition
not leaking
containers must have
a secondary
containment system
what the secondary
containment system
must, at a minimum,
include
entire containment
system must be
sufficiently impervious
to prevent any oil
released into the
system from migrating
to soil, groundwater or
surface water
existing aboveground
tanks used to store or
process used oil must
have a secondary
containment system
FEDERAL RCRA CITATION
279.54(a)
279.54(b)
279.54(b)(1)
279.54(b)(2)
279.54(c)
279.54(c)(1)
279.54(c)(1)(i)
279.54(c)(1)(ii)
279.54(c)(2)
279.54(d)
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
September 10, 1992 - Page 54 of 81
CL112.14 - RevMd 3/28/94
Printed 5/3/94
-------
OSWER DIRECTIVE NO. 9541.00-2(
SPA H
RCRA REVISION CHECKLIST 112:
Recycled Used Oil Management Standards (cont'd)
FEDERAL REQUIREMENTS
rebuttable presumption
does not apply to used
oils contaminated with
chlorofluorocarbons
(CFCs) removed from ,
refrigeration units if
the CFCs are destined
for reclamation;
presumption applies to
used oils contaminated
with CFCs that have
been mixed with used
oil from sources other
than refrigeration units
FEDERAL RCRA CITATION
279.53(c)(2)
ANALOGOUS STATE CITATION
1
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
USED OIL MANAGEMENT
1 3 wastewaters
containing de minimi's
quantities of used oil
not subject to Part
279; used oil
processors/
re-refiners are also
subject to applicable
Spill Prevention,
Control and
Countermeasures (40
CFR Part 1 1 2) and
Underground Storage
Tank (40 CFR Part
280) standards for
used oil stored in
underground tanks
whether or not the
used oil exhibits any
characteristics of
hazardous waste, in
addition to the Part
279, Subpart F
requirements
-
279.54
September 10, 1992 - Page 53 of 81
CL112 14 RcvMd 3,
Prwitcd
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 112:
Recycled Used Oil Management Standards (cont'd)
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
REBUTTABLE PRESUMPTION FOR USED OIL
owner/operator of a
processing/re-refining
facility must determine
whether total halogen
content of used oil
managed at the facility
is above or below
1 ,000 ppm
how the
owner/operator must
make this
determination
if the used oil contains
> 1 ,000 ppm total
halogens, it is
presumed to be a
hazardous waste; how
the owner/operator
may rebut the
presumption; SW-846
example; where to
obtain SW-846
rebuttable presumption
does not apply to
metalworking
oils/fluids containing
chlorinated paraffins if
processed, through a
tolling agreement, to
reclaim metalworking
oils/fluids; presumption
does apply to
metalworking
oils/fluids if such
oils/fluids are recycled
in any other manner or
disposed
279.53(a)
279.52(b)
279.52(b){1)
279.52(b)(2)
279.53(c)
279.53(c)(1)
.
September 10, 1992 - Page 52 of 81
CL112.14 -Revnod 3/28/94
Printed 5/3/94
-------
OSWER DIRECTIVE NO. 9541.00-2
SPA 1
RCRA REVISION CHECKLIST 11 2:
Recycled Used Oil Management Standards (cont'd)
FEDERAL REQUIREMENTS
no waste or used oil
that may be
incompatible with the
released material is
recycled, treated,
stored or disposed of
until cleanup
procedures are
completed
before operations
resume, all emergency
equipment is cleaned
and fit for intended
use
before operations in
affected area(s)
resume, owner/
operator must notify
Regional Administrator
and State and local
officials that facility
complies with
279.52(a)
owner/operator must
note in the operating
record the time, date
and details of any
incident that requires
implementing the
contingency plan;
must submit written
report to Regional
Administrator within
1 5 days; what the
report must include
FEDERAL RCRA CITATION
279.52(b)(6)(viii)(A)
279.52(b){6)(viii)(B)
279.52(b)(6)(viii)(C)
279.52(b)(6)(ix)
279.52(bM6)(ix)(A)
279.52(b)(6)(ix)(B)
279.52(b)(6)(ix)(C)
279.52(b)(6)(ix)(D)
279.52(b)(6)(ix)(E)
279.52(b)(6)(ix)(F)
279.52(b)(6)(ix)(G)
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
12
September 10, 1992 - Page 51 of 81
CL112.14 - R»v««d
Printed
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 112:
Recycled Used Oil Management Standards (cont'd)
FEDERAL REQUIREMENTS
emergency coordinator
must immediately
notify either the
government official
designated as the on-
scene coordinator or
the National Response
Center; what the
report must include
emergency coordinator
must take all
reasonable measures
to ensure that fires,
explosions and
releases do not occur,
recur, or spread; what
measures must include
emergency coordinator
must monitor for
jeaks, pressure
buildup, gas
generation, or ruptures
if the facility stops
operation because of a
fire, explosion or
release
emergency coordinator
must provide for
recycling, storing or
disposing of any
material that results
from a release, fire or
explosion immediately
after that event
emergency coordinator
must ensure that:
FEDERAL RCRA CITATION
279.52(b)(6)(iv)(B)
279.52(b)(6)(iv)(B)(7)
279.52(b)(6)(iv)(B)(2)
279.52(b)(6)(iv)(B)(3)
279.52(b)(6)(iv)(B)(4)
279.52(b)(6)(iv)(B)(5)
279.52(b)(6)(iv)(B)(6)
279.52(b)(6)(v)
279.52(b)(6)(vi)
279.52(b)(6)(vii)
279.52(b)(6)(vni)
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
•
September 10, 1992 - Page 50 of 81
CL112.U - ReviMd: 3/28/94
Printed: 6/3/94
-------
OSWER DIRECTIVE NO. 9541.00-21
SPA 1
RCRA REVISION CHECKLIST 112:
Recycled Used Oil Management Standards (cont'd);
FEDERAL REQUIREMENTS
notify State or local
agencies with
designated response
roles if needed
emergency coordinator
must immediately
identify the character,
exact source, amount,
and real extent of any
released materials;
how the coordinator
may do this
concurrently, the
emergency coordinator
must assess possible
hazards to human
health or the
environment; what the
assessment must
consider
if release, fire, or
explosion could
threaten. human health
or the environment,
emergency coordinator
must report findings
if evacuation may be
advisable, emergency
coordinator must
immediately notify
local authorities and be
available to help them
decide whether to
evacuate local areas
FEDERAL RCRA CITATION
279.52(b)(6)(i)(B)
279.52(b)(6)(ii)
279.52(b)(6Kiii)
279.52(b)(6)(iv)
279.52(b)(6)(iv)(A)
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
•
September 10, 1992 - Page 49 of 81
CL112.14
Ravnad. 3/2
Printed 5
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 112:
Recycled Used Oil Management Standards (cont'd)
FEDERAL REQUIREMENTS
the facility changes in
any way that
materially increases
the potential for fires,
explosions, or releases
of used oil, or changes
the response
necessary in an
emergency
the list of emergency
coordinators changes
the list of emergency
equipment changes
at all times, at least
one employee
responsible for
coordinating all
emergency response
measures must be at
the facility or on call;
knowledge and
authority the
emergency coordinator
must have; guidance
responsibilities spelled
out in 279.52(b)(6)
emergency procedures
if there is an imminent
or actual emergency,
the emergency
coordinator or
designee must
immediately:
activate internal
facility alarms or
communication
systems
FEDERAL RCRA CITATION
279.52(b)(4)(iii)
279.52(b)(4)(iv)
279.52(b)(4)(v)
279.52(b)(5)
279.52(b)(6)
279.52(b)(6)(i)
279.52(b)(6)(i)(A)
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
September 10, 1992 - Page 48 of 81
CL112 14 - R*v»*d 3,28/94
Prwlcd 5/'3/94
-------
OSWER DIRECTIVE NO. 9541.00-2Q
SPA
RCRA REVISION CHECKLIST 112:
Recycled Used Oil Management Standards (cont'd).
FEDERAL REQUIREMENTS
plan must include
evacuation plan if
evacuation possibly
necessary; evacuation
plan must describe
signal(s) to begin
evacuation, evacuation
routes and alternative
routes
contingency plan copy
and all revisions must
be:
maintained at the
facility
submitted to all local
police departments,
fire departments,
hospitals, and State
and local emergency
response teams that
may be called upon to
provide emergency
services
contingency plan must
be reviewed and
amended whenever:
applicable regulations
are revised
the plan fails in an
emergency
FEDERAL RCRA CITATION
279.52(b)(2)(vi>
279.52(b)(3)
279.52(b)(3)(i)
279.52(b)(3)(ii)
279.52(b)(4)
279.52(b)(4)(i)
279.52(b)(4)(ii)
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
September 10, 1992 - Page 47 of 81
CL112 14
R«vw«d: 3/2
Printed 5/
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 112:
Recycled Used Oil Management Standards (cont'd)
FEDERAL REQUIREMENTS
if a Part 1 1 2 SPCC
Plan, or other plan, has
already been prepared.
owner/operator may
amend existing plan to
meet requirements of
Part 279
plan must describe
arrangements agreed
to by local police
departments, fire
departments,
hospitals, contractors,
and State and local
emergency response
teams to coordinate
279.52(a)(6)
emergency services
plan must list names.
addresses and phone
numbers for primary
emergency coordinator
and others qualified to
act as emergency
coordinator in
specified order; list
must be kept up to
date
plan must include a list
of required emergency
equipment at the
facility and location.
physical description
and brief outline of
capabilities of each
item; list must be kept
up to date
FEDERAL RCRA CITATION
279.52(b)(2)(ii)
279.52(b)(2)(iii)
279.52(b)(2)(iv)
279.52(b)(2Mv)
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
September 10, 1992 - Page 46 of 81
CL112.14
• Revised: 3/28/94
Printed: 5/3/94
-------
OSWER DIRECTIVE NO. 9541.00-J
SPA 1
RCRA REVISION CHECKLIST 1 I 2:
Recycled Used Oil Management Standards (cont'dj
FEDERAL REQUIREMENTS
owners/operators of
used oil processing
and re-refining
facilities must comply
with the following
contingency plan and
emergency procedure
requirements:
purpose and
implementation of
contingency plan
contingency plan
required; plan must be
designed to minimize
hazards to human
health or the
environment from fire,
explosion or any
unplanned release to
air, soil, or surface
water
provisions of plan
must be carried out
immediately whenever
fire, explosion or
release of used oil
could threaten human "
health or the
environment
content of contingency
plan
what the contingency
plan must describe
FEDERAL RCRA CITATION
279.52(b)
279.52(b)(1)
279.52(b)(1)(i)
279.52(b)(1)(ii)
279.52(b)(2)
279.52(b)(2)(i)
ANALOGOUS STATE CITATION
;
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
•
10
11
September 10, 1992 - Page 45 of 81
CL112.U
Revmd:
Print*
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 112:
Recycled Used Oil Management Standards (cont'd)
FEDERAL REQUIREMENTS
if more than one police
and fire department
might respond,
agreements
designating primary
emergency authority
to a specific police and
a specific fire
department, and
agreements with
others to provide
support
agreements with State
emergency response
teams, emergency
response contractors,
and equipment
suppliers
arrangements to
familiarize local
hospitals with the
properties of used oil
handled at the facility
and the types of
injuries or illnesses
that could result from
fires, explosions, or
releases
if State or local
authorities decline to
enter into such
arrangements.
owner/operator must
document the refusal
in the operating record
FEDERAL RCRA CITATION
279.52(a)(6)(i)(B)
279.52(a)(6)(i)(C)
279.52(a)(6)(i)(D)
279.52(a)(6)(ii)
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
September 10, 1992 - Page 44 of 81
CL112.14 - Revised 3/28/94
Printed 5/3/94
-------
OSWER DIRECTIVE NO. 9541.00-21
SPA 1-
RCRA REVISION CHECKLIST 112:
Recycled Used Oil Management Standards (cont'd)
FEDERAL REQUIREMENTS
owner/operator must
maintain aisle space to
allow unobstructed
movement of
personnel and
emergency equipment
to any area of facility
operation in an
emergency, unless
aisle space not needed
for these purposes
as appropriate,
owner/operator must
attempt to make
arrangements with
local authorities
arrangements to
familiarize police, fire
departments, and
emergency response
teams with the
facility's layout,
properties of used oil
handled at the facility
and associated
hazards, places where
facility personnel
would normally be
working, entrances to
roads inside the
facility, and possible
evacuation routes
FEDERAL RCRA CITATION
279.52(a)(5)
279.52(a)(6)(i)
279.52(a)(6)(i)(A)
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
September 10, 1992 - Page 43 of 81
GUI2 14 -R*vMd 3
Pnm*d
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 112:
Recycled Used Oil Management Standards (cont'd)
FEDERAL REQUIREMENTS
all communications or
alarm systems, fire
protection equipment.
spill control equipment
and decontamination
equipment must be
tested and maintained
to assure proper
operation in time of
emergency
access to
communications or
alarm system
all personnel involved
in any handling
operation must have
immediate access to
an internal alarm or
emergency
communication device.
unless device not
required in
279.52(a)(2)
if only one employee is
present while the
facility is operating,
the employee must
have immediate access
to a device capable of
summoning external
emergency assistance,
unless not required in
279.52{a)(2)
/
FEDERAL RCRA CITATION
279.52(a)(3)
279.52(a)(4)
279.52(a)(4)(i)
279.52(a)(4)(ii)
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
September 10, 1992 - Page 42 of 81
CL112.14 - R*v«*d: 3/28/94
Printed- 5/3/94
-------
OSWER DIRECTIVE NO. 9541.00-2
SPA 1'
RCRA REVISION CHECKLIST 112:
Recycled Used Oil Management Standards (cont'd.)
FEDERAL REQUIREMENTS
unless none of the
hazards posed by the
used oil handled at the
facility could require •
the equipment
specified in
279.52(a)(2)(i)-(iv), all
facilities must be
equipped with the
following:
internal
communications or
alarm system capable
of providing immediate
emergency instruction
to facility personnel
device capable of
summoning emergency
assistance
portable fire
extinguishers, fire
control equipment,
spill control equipment
and decontamination
equipment, and
water at adequate
volume and pressure
to supply water hose
streams, or foam
producing equipment,
or automatic sprinklers
or water spray
systems
FEDERAL RCRA CITATION
279.52(a)(2)
279.52(a)(2)(i)
279.52(a)(2)(ii)
279.52(a)(2)(iii)
279.52(a)(2)(iv)
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
September 10, 1992 - Page 41 of 81
CL112.14
Revised: 3
Printed-
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 112:
Recycled Used Oil Management Standards (cont'd)
FEDERAL REQUIREMENTS
a processor/re-refiner
without an EPA ID
number may obtain
one by submitting
either:
a completed EPA Form-
8700-12; or
a letter requesting an
EPA ID number; what
the letter should
include
FEDERAL RCRA CITATION
279.51(b)
279.51(b){1)
279.51 (b)(2)
279.51 (b)(2)(i)
279.5 1(b)(2)(ii)
279.51(b)(2)(iii)
279.51 (b)(2)(iv)
279.51 (b){2)(v)
279.51 (b)(2)(vi)
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
%
GENERAL FACILITY STANDARDS
owners/operators of
used oil processing
and re-refining
facilities must comply
with the following
preparedness and
prevention
requirements:
facilities must be
maintained and
operated to minimize
the possibility of fire.
explosion, or any
unplanned release of
used oil to air, soil or
surface water which
could threaten human
health or the
environment
279.52(a)
279.52{a)(1)
10
September 10, 1992 - Page 40 of 81
CL112.14 - Revised: 3/28/94
Printed: 5/3/94
-------
OSWER DIRECTIVE NO. 9541.00-21
SPA 1-
RCRA REVISION CHECKLIST 112:
Recycled Used Oil Management Standards (cont'd-)
FEDERAL REQUIREMENTS
used oil is burned in an
on-site space heater
meeting 279.23
requirements
used oil is burned for
processing used oil,
which is considered
burning incidentally to
used oil processing
processors/re-refiners
who direct shipments
of off-specification
used oil from their
facility to a used oil
burner or first claim
that used oil that is to
be burned for energy
recovery meets the
used oil fuel
specifications of
279.1 1 must also
comply with Subpart H
of Part 279
processors/re-refiners
who dispose of used
oil also must comply
with Subpart I of Part
279
FEDERAL RCRA CITATION
279.50(b){3)(i)
279.50(b)(3)(ii)
279.50(b)(4)
279.50(b)(5)
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
>
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
NOTIFICATION
processors/re-refiners
who have not
previously done so
must comply with
RCRA § 3010
notification
requirements and
obtain an EPA ID
number
279. 51 (a)
CL112.14 - Revised :
September 10, 1992 - Page 39 of 81 Pnnt«i
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 112:
Recycled Used Oil Management Standards (cont'd)
FEDERAL REQUIREMENTS
transporters that
conduct incidental
processing operations
occurring during
normal course of
transportation as
provided in 279.41
burners that conduct
incidental processing
operations occurring
during normal course
of used oil
management prior to
burning as provided in
279.6Kb)
specific processors/
re-refiners who are
subject to additional
provisions of Part 279:
processors/re-refiners
who generate used oil
must also comply with
Subpart C of Part 279
processors/re-refiners
who transport used oil
must also comply with
Subpart E of Part 279
except as
279.50(b)(3)(i)&(ii)
provide otherwise,
processors/re-refiners
who burn off-
specification used oil
for energy recovery
must also comply with
Subpart G of Part 279;
exceptions
FEDERAL RCRA CITATION
279.50(a)(1)
279.50(a)(2)
279.50(b)
279.50(b){1)
279.50(b>(2)
279.50(b)(3)
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
September 10, 1992 - Page 38 of 81
CL112 14
3/28/94
Prw««d 5/3/94
-------
OSWER DIRECTIVE NO. 9541.0O-2<
SPA 1<
RCRA REVISION CHECKLIST 112:
Recycled Used Oil Management Standards (cont'dl
FEDERAL REQUIREMENTS
used oil transporters
must keep a record of
each used oil shipment
delivered to another
used oil transporter,
burner, processor/re-
refiner, or disposal
facility; what the
records must include
for each shipment
exported to any
foreign country,
transporters must
maintain records
described in
279.46(b)(1)-(4)
records described in
279.46{a), (b) & (c)
must be maintained for
at least 3 years
FEDERAL RCRA CITATION
279.46(b)
279.46(b)(1)
279.46(b)(2)
279.46(b)(3)
279.46(b)(4)
279.46(b)(5)
279.46(c)
279.46(d)
ANALOGOUS STATE CITATION
,
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
MANAGEMENT OF RESIDUES
transporters who
generate residues
must manage the
residues as specified in
279.10(e)
279.47
SUBPART F - STANDARDS FOR USED OIL PROCESSORS AND RE-REFINERS
APPLICABILITY
subpart applies to
owners/operators of
facilities that process
used oil; definition of
processing and
specific inclusions;
exclusions:
279.50(a)
•
September 10, 1992 - Page 37 of 81
CL112.14 - Revwd. 3
Printed:
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 112:
Recycled Used Oil Management Standards (cont'd)
FEDERAL REQUIREMENTS
upon detection of a
release of used oil to
the environment not
subject to Part 280,
Subpart F, which has
occurred after the
effective date of the
authorized used oil
program for the State
in which the release is
located, the
owner/operator must
perform these cleanup
steps:
stop the release
contain the released
used oil
clean up and properly
manage the released
used oil and other
materials
repair or replace any
leaking used oil
storage containers or
tanks prior to returning
them to service
FEDERAL RCRA CITATION
279.45(h)
279.45(h)(1)
279.45(h)(2)
279.45(h){3)
279.45(h)(4)
ANALOGOUS STATE CITATION
STATE'ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
TRACKING
used oil transporters
must keep a record of
each used oil shipment
accepted for transport;
what the records must
include
279.46(a)
279.46(a)(1)
279.46(a)(2)
279.46(a)(3)
279.46(a)(4)
279.46(a)(5)
-
September 10, 1992 - Page 36 of 81
CL112.14 - Ravmd: 3/28/94
Pnnt«d: 5/3/94
-------
OSWER DIRECTIVE NO. 9541.00-21
SPA 1-
RCRA REVISION CHECKLIST 112:
Recycled Used Oil Management Standards (cont'd).
FEDERAL REQUIREMENTS
entire containment
system must be
sufficiently impervious
to prevent any oil
released into the
system from migrating
to soil, groundwater or
surface water
new aboveground
tanks must have a
secondary
containment system
what the secondary
containment system
must, at a minimum,
include
entire containment
system must be
sufficiently impervious
to prevent any oil
released into the
system from migrating
to soil, groundwater or
surface water
labels
containers and
aboveground tanks
must be clearly labeled
or marked "Used Oil"
fill pipes used to
transfer used oil into
underground storage
tanks must be clearly
labeled or marked
"Used Oil"
FEDERAL RCRA CITATION
279.45(e)(2)
279.45{f)
279.45{f)(1)
279.45(f)(1)(i)
279.45(f)(1)(ii)
279.45(f)(1)(iii)
279.45(f)(2)
279.45(g)
279.45(g)(1)
279.45(g)(2)
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
.
September 10, 1992 - Page 35 of 81
CL112.U
Revised; '.
Printed:
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 112:
Recycled Used Oil Management Standards (cont'd)
FEDERAL REQUIREMENTS
used oil may not be
stored in units other
than tanks, containers,
or units subject to
regulation under Part
264 or 265
containers and
aboveground tanks
must be:
in good condition
not leaking
containers must have
a secondary
containment system
secondary
containment system
must, at a minimum,
include
entire containment
system must be
sufficiently impervious
to prevent any oil
released into the
system from migrating
to soil, groundwater or
surface water
existing aboveground
tanks must have a
secondary
containment system
what the secondary
containment system
must, at a minimum,
include
FEDERAL RCRA CITATION
279.45(b)
279.45(c)
279.45(c)(1)
279.45(c)(2)
279.45(d)
279.45(d)(1)
279.45{d)(1){i)
279.45(d){1)(ii)
279.45(d)(2)
279.45(e)
279.45{e)(1)
279.45(e)(1)(i)
279.45{e)(1)(ii)
279.45(e)(1)(iii)
ANALOGOUS STATE CITATION
•
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
•
September 10, 1992 - Page 34 of 81
CL112.J4 -Ravwod 3/28/94
Printed 5/3/94
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 112:
Recycled Used Oil Management Standards (cont'd)-.
i
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE CITATION
\
STATE ANALOG IS.
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
USED OIL STORAGE AT TRANSFER FACILITIES
8 wastewaters
containing with de
minimi's quantities of
used oil not subject to
Part 279; used oil
transporters are also
subject to applicable
Spill Prevention,
Control and
Countermeasures (40
CFR Part 1 1 2);
transporters are
subject to
Underground Storage
Tank (40 CFR Part
280) standards for
used oil stored in
underground tanks,
whether or not the
used oil exhibits any
characteristics of
hazardous waste, in
addition to the Part
279, Subpart D
requirements
9 section applies to used
oil transfer facilities;
definition of used oil
transfer facilities;
transfer facilities that
store used oil for more
than 35 days subject
to regulation under
Subpart F of Part 279
279.45
'
279.45(a)
.
•
September 10, 1992 - Page 33 of 81
GUI2 14 • R*vMd 3.
Pnrn«d '.
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 112:
Recycled Used Oil Management Standards (cont'd).
FEDERAL REQUIREMENTS
rebuttable presumption
does not apply to used
oils contaminated with
chlorofluorocarbons
(CFCs) removed from
refrigeration units if
the CFCs are destined
for reclamation;
presumption applies to
used oils contaminated
with CFCs that have
been mixed with used
oil from sources other
than refrigeration units
transporter must
maintain records of
analyses or
information used to
comply with
279.44(a), (b) & (c)
for at least 3 years
FEDERAL RCRA CITATION
279.44(c)(2)
279.44(d)
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
September 10, 1992 - Page 32 of 81
CL112.14 -Raviud 3/28/94
Print*!. 5/3/94
-------
OSWER DIRECTIVE NO. 9541.00-21
SPA 1<
RCRA REVISION CHECKLIST 112:
Recycled Used Oil Management Standards (cont'd)
FEDERAL REQUIREMENTS
testing the used oil; or
applying knowledge of
the halogen content of
the used oil in light of
the materials or
processes used
used oil containing
> 1 000 ppm total
halogens is presumed
to be hazardous
waste; presumption
may be rebutted by
demonstrating that the
used oil does not
contain hazardous
waste; SW-846
example; where to
obtain SW-846
rebuttable presumption
does not apply to
metalworking
oils/fluids containing
chlorinated paraffins if
processed, through a
tolling agreement, to
reclaim metalworking
oils/fluids; presumption
does apply to
metalworking
oils/fluids if such
oils/fluids are recycled
in any other manner or
disposed
FEDERAL RCRA CITATION
279.44(b)(1)
279.44(b)(2)
279.44(c)
279.44(c)(1)
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
September 10, 1992 - Page 31 of 81
CL112.14 -Ravmd. 3
Printed:
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 112:
Recycled Used Oil Management Standards (cont'd)
FEDERAL REQUIREMENTS
give notice, if required
by49£FR 171.15, to
the National Response
Center
report in writing to the
Director, Office of
Hazardous Materials
Regulations, Materials
Transportation Bureau,
Oept. of
Transportation
a water transporter
who has discharged
used oil must give
notice as required by
33CFR 153.203
a transporter must
clean up any used oil
discharged during
transport or take
action required or
approved by
government officials
so that the used oil
discharge no longer
presents a hazard to
human health or the
environment
FEDERAL RCRA CITATION
279.43(c)(3)(i)
279.43(c)(3)(ii)
279.43(c)(4)
279.43(0(5)
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
S
-
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
REBUTTABLE PRESUMPTION FOR USED OIL
7 used oil transporter
must determine
whether total halogen
content of used oil
transported or stored
is above or below
1 ,000 ppm
transporter must
determine this by:
279.44(3}
279.44(b)
« . -.,» -«.«« „ „«. , «.. CL1 12.14 -Reviwd: 3/28/94
September 10, 1992 - Page 30 of 81 Prim.* 5/3/94
-------
OSWER DIRECTIVE NO. 9541.00-2C
SPA 14
RCRA REVISION CHECKLIST 112:
Recycled Used Oil Management Standards (cont'd).
FEDERAL REQUIREMENTS
used oil transporters
must comply with all
applicable
requirements of the
U.S. Dept. of
Transportation under
49 CFR Parts 173,
178 and 179, as well
as 49 CFR Parts 100-
1 77 if used oil meets
criteria as combustible
or flammable liquid
used oil discharges
if there is a discharge
during transport, the
transporter must
immediately take
appropriate action to
protect human health
and the environment
if an official
appropriately
determines that the
used oil must be
removed immediately
to protect human
health and the
environment and
authorizes the
transport, transporters
without EPA ID
numbers may remove
used oil discharged
during transport
an air, rail, highway or
water transporter who
has discharged used
oil must:
FEDERAL RCRA CITATION
279.43(b)
279.43(c)
279.43(c)(1)
279.43(c)(2)
279.43(c)(3)
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
September 10, 1992 - Page 29 of 81
CL112.14 .Revised 3/1
Printed. 5
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 112:
Recycled Used Oil Management Standards (cont'd^
FEDERAL REQUIREMENTS
a letter requesting an
EPA ID number; what
the letter should
include
FEDERAL RCRA CITATION
279.42(b)(2)
279.42(b)(2)(i)
279.42(b)(2)(ii)
279.42(b)(2)(iii)
279.42(b)(2)(iv)
279.42{bM2)(v)
279.42(b)(2)(vi)
279.42(b)(2)(vii)
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
USED OIL TRANSPORTATION
a used oil transporter
must deliver all used
oil received to:
another used oil
transporter with an
EPA ID number
a used oil processing/
re-refining facility with
an EPA ID number
an off-specification
used oil burner facility
with an EPA ID
number
an on-specification
used oil burner facility
279.43(a)
279.43(a)(1)
279.43(a){2)
279.43(a)(3)
279.43(a)(4)
September 10, 1992 - Page 28 of 81
CL112.14 • RcvMd 1.28/94
Pmtvd 5.3/94
-------
OSWER DIRECTIVE NO. 9 541.00-2'
SPA 1'
RCRA REVISION CHECKLIST 112:
Recycled Used Oil Management Standards (cont'd)
FEDERAL REQUIREMENTS
transporters may
conduct processing
operations incidental
to transport, but not
designed to produce
used oil derived
products, unless the
transporter also
complies with the
processor/re-refiner
requirements in
Subpart F of Part 279
FEDERAL RCRA CITATION
^
279.41(b)
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
NOTIFICATION
used oil transporters
who have not
previously done so
must comply with
RCRA § 3010
notification
requirements and
obtain an EPA ID
number
a used oil transporter
without an EPA ID
number may obtain
one by submitting
either:
a completed EPA Form
8700-1 2; or
279.42(a)
279.42(b)
279.42(b)(1)
September 10, 1992 - Page 27 of 81
CL112.14 - Revwod: 3
Printed:
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 109: Land Disposal Restrictions for
Newly Listed Wastes and Hazardous Debris (cont'd)
^ Note that there is an error in the Federal Register: the deadline for the written notice should be
February 18, 1993, rather than November 16, 1992 as it appears in the Federal Register, in
keeping with the effective date of these provisions, with the preamble to the rule at 57 FR
37215 (second full paragraph in the right-hand column), and with the similar provision under
265.1101 (b)(4)(i).
3 Note that there is a typographical error in the Federal Register: "lead" should be "led."
4 Note that the Federal Register for this rule introduces an error into the second-to-last sentence
of this subparagraph by inserting an extraneous "with" between "§§" and "265.111."
5 Note there is an error in the Federal Register article for this rule. The phrase "as needed to
permit" should read "as needed to prevent."
® Note there is a typographical error in the Federal Register article for this checklist. The
instructions preceding 268.7 (on page 57 FR 37270) incorrectly say that 268.7(a)(1)(v) is
added. It is a new 268.7(a)(1)(iv) which is added, and the old 268.7(a)(1)(iv) is redesignated
as 268.7(a)(1)(v).
7 Note that there is a typographical error in the Federal Register article for this checklist. The
instructions preceding 268.7 (on page 57 FR 37270) incorrectly say 268.7(a)(3)(vi) is added.
It is a new 268.7(a)(3)(v) which is added and the old 268.7(a)(3)(v) is redesignated as
268.7(a)(3)(vi).
8 Note that there is a typographical error in the Federal Register article for this checklist; there
should be a comma, not a semicolon, after the second occurrence of "containers" in
268.7(a)(4).
9 The addition of 268.14 to Federal code means that Subpart B of Part 268 is relevant to the
States for the first time. The other sections of code in Subpart B, 268.10 through 268.13,
contain the schedule by which EPA must evaluate wastes for land disposal restrictions. As
such. States do not need requirements equivalent to 268.10 through 268.13. The surface
impoundment exemptions of 268.14, however, address the length of time interim status
impoundments can be used to receive or generate newly identified or listed hazardous wastes
and resolve the potential conflicts between RCRA §§3004(h)(4), 3004(j)(6) and 3004(j)(11)
[see the discussion in the Federal Register for this rule, pp. 37218-37221]. Therefore, States
must adopt requirements analogous to 268.14(a)-(c).
10 Note there are two different entries in Table CCW for K030. Because there isn't an entry for
K043, likely the second "K030" should read "K043." Also, the Federal Register adds an entry
for K111, but this is not noted in the revision instructions for the table.
. _ ____ _ „_ , „_ CL109.14 -ReviMd: 3/28/94
August 18, 1992 - Page 48 of 48 ^.0: 3/28/94
-------
OSWER DIRECTIVE NO. 9541.00-2
SPA 1
RCRA REVISION CHECKLIST 109: Land Disposal Restrictions for
: Newly Listed Wastes and Hazardous Debris (cont'd)
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
SUBPART D - CHANGES TO PERMITS
PERMIT MODIFICATIONS AT THE REQUEST OF THE PERMITTEE
replace "of restricted
wastes" with ", or in
containment buildings"
270.42(e)(3)(ii)(B)
APPENDIX I TO SECTION 270.42
CLASSIFICATION OF PERMIT MODIFICATION
add entry 6 to section
I
add new section M
270.42 Appendix I,
K6)
270.42 Appendix I, M
SUBPART G - INTERIM STATUS
CHANGES DURING INTERIM STATUS
remove "or" before
"containers" and insert
"or containment
buildings" after
"containers"; in two
places, insert "of this
chapter" after "Part
268"
270.72(b)(6)
1 This revision fixes an error in the July 1, 1991 CFR which makes it appear that there are tv
paragraphs designated as 262.34(a){2) (see the editorial note in the CFR). Revision Checkl
82 originally inserted the first 262.34{a){2), 262.34(a)(2)(i), 262.34(a)(2)(ii) and redesignat
the old 262.34{a)(2)-(4) as 262.34(a)(3)-(5). However, Revision Checklist 92 redesignated
262.34(a)(3) as 262.34(a)(2), effectively removing the first 262.34(a)(2) and incorporating
these requirements into 262.34(a)(1) at 262.34(a)(1)(iii) and (iii)(A)&{B). It was not the
Agency's intent to include these requirements both at 262.34(a)(1)(iii)(A)&(B) and at
262.34(a)(2) as is indicated in the July 1, 1991 CFR. The first 262.34(a)(2) in that £FR
should not be in the code. Revision Checklist 92 also redesignated 262.34(a)(3)-(5) as
262.34(a)(2)-(4), i.e., returned these subparagraphs to their original numbering prior to the
redesignation by Revision Checklist 82. The revision, which is part of Revision Checklist 1
removes the first 262.34(a)(2), returning the code to what was intended by Checklist 92.
August 18, 1992 - Page 47 of 48
CL109 14 • R«vMd:
PrmMd.
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 109: Land Disposal Restrictions for
Newly Listed Wastes and Hazardous Debris (cont'd)
FEDERAL REQUIREMENTS
remove "or" between
"tanks" and
"containers" and add
"or containment
buildings" after
"containers"
FEDERAL RCRA CITATION
"
268.50(a)(2)
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
APPENDIX II to PART 268
TREATMENT STANDARDS (AS CONCENTRATIONS IN THE TREATMENT RESIDUAL EXTRACT)
remove table; replace
with note indicating
that F001-F005 spent
solvent waste
treatment standards
appear in 268.41,
268.42 and 268.43
Appendix II
PART 270 - EPA ADMINISTERED PERMIT PROGRAMS:
THE HAZARDOUS WASTE PERMIT PROGRAM
SUBPART B - PERMIT APPLICATION
CONTENTS OF PART A OF THE PERMIT APPLICATION
for hazardous debris,
description of debris
category(ies) and
contaminant
category(ies) to be
treated, stored or
disposed of at facility
270.13{n)
CONTENTS OF PART B: GENERAL REQUIREMENTS
insert "and hazardous
debris" after
"hazardous waste";
insert "of this chapter"
after "part 264"
270.14(b)(2)
"
August 18, 1992 - Page 46 of 48
CL109.U - RaviMd: 3/28/94
Printed: 3/28/94
-------
OSWER DIRECTIVE NO. 9541.00-2<
SPA 1'
RCRA REVISION CHECKLIST 109: Land Disposal Restrictions for
Newly Listed Wastes and Hazardous Debris (cont'd)
FEDERAL REQUIREMENTS
ignitable
nonwastewater
residue, as specified,
must meet technology-
based "D001 Ignitable
Liquids" standard
layers of debris
removed by spelling
remain subject to
268.45 treatment
standards
alternative treatment
standards for
hazardous debris
FEDERAL RCRA CITATION
268.45(d)(4)
268.45(d)(5)
268.45/Table 1
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
ALTERNATIVE TREATMENT STANDARDS BASED ON HTMR
Table 1 identifies
alternative treatment
standards for F006
and K062
nonwastewaters
alternative treatment
standards as shown at
57 FR 37281
268.46
268.46/Table 1
»
SUBPART E - PROHIBITIONS ON STORAGE
PROHIBITIONS ON STORAGE OF RESTRICTED WASTES
remove "or" from
between "tanks" and
"containers"; after
containers add "or
containment
buildings"; insert "and
parts 264 and 265"
after "262.34";
remove parenthesized
sentence
268.50(a){1)
August 18, 1992 - Page 45 of 48
CL109.14 -RaviMd: :
Printed: .
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 109: Land Disposal Restrictions for
: Newly Listed Wastes and Hazardous Debris (cont'd)
FEDERAL REQUIREMENTS
when hazardous debris
that has been treated
is not considered a
hazardous waste;
hazardous debris
contaminated with a
listed waste that is
treated by a Table 1
immobilization
technology must be
managed in a Subtitle
C facility
general requirements
for treatment residues:
separate residue from
debris by simple
physical or mechanical
means;
residue is subject to
268 Subpart D waste-
specific treatment
standards
residue from nontoxic
debris, as specified,
must be deactivated;
not subject to 268
Subpart D waste-
specific treatment
standards
residue from cyanide-
reactive debris must
meet 268.43, D003
standards
FEDERAL RCRA CITATION
268.45(c)
268.45(d)(1)
268.45(d)(1)(i)
268.45(d)(1)(ii)
268.45(d)(2)
268.45(d)(3)
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
•
August 18, 1992 - Page 44 of 48
CL109.14 - Revmd: 3/28/94
Printed: 3/28/94
-------
OSWER DIRECTIVE NO. 9541.00-21
SPA 1^
RCRA REVISION CHECKLIST 109: Land Disposal Restrictions for
Newly Listed Wastes and Hazardous Debris (cont'd)
FEDERAL REQUIREMENTS
waste PCBs;
hazardous debris
subject to both 40
CFR761 and 268.45
must meet more
stringent requirements
hazardous debris
treated for each
"contaminant subject
to treatment,"
determined as follows:
toxicity characteristic
debris; those EP
constituents for which
debris exhibits a
toxicity characteristic
debris contaminated
with listed waste;
constituents for which
BDAT standards are
established for wastes
under 268.41 and
268.43
cyanide reactive
debris; reactive
because of cyanide
must be treated for
cyanide
FEDERAL RCRA CITATION
268.45(a)(5)
268.45(b)
268.45(b){1)
268.45(b)(2)
268.45(b)(3)
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
•
August 18, 1992 - Page 43 of 48
CL109 14 - Revised
Printed:
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 109: Land Disposal Restrictions for
Newly Listed Wastes and Hazardous Debris (cont'd)
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
TREATMENT STANDARDS FOR HAZARDOUS DEBRIS
treatment of
hazardous debris prior
to land disposal as
specified unless EPA
determines under
261.3(e) (2) that debris
is no longer
contaminated with
hazardous waste
general; treatment for
each 268.45(b)
contaminant subject to
treatment in
accordance with
268.45, Table 1
characteristic debris;
deactivation as
specified in 268.45,
Table 1
mixtures of debris
types; standards for
each debris type must
be achieved; if
applicable,
immobilization must be
used last
mixtures of 268.45(b)
contaminant types;
268.45, Table 1
treatment for each
contaminant must be
used; if applicable,
immobilization must be
used last
268.45O)
268.45(a)(1)
268.45(a){2)
268.45(a)(3)
268.45(a)(4)
•
August 18, 1992 - Page 42 of 48
CL109.U -RaviMd: 3/28/94
Printed: 3/28/94
-------
OSWER DIRECTIVE NO. 9541.00-2<
SPA H
RCRA REVISION CHECKLIST 109: Land Disposal Restrictions for
Newly Listed Wastes and Hazardous Debris (cont'd)
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
10
ft**********************************************************************
«******•*****«»««***«******«**«**«****«**«**«*»»******»***********«****
change the first
occurrence of
"§268.41, §268.43"
to "§§268.41 or
268.43"; change the
second occurrence of
"§268.41, §268.43"
to "§§268.41,
268.43"; add
sentence addressing
hazardous debris
containing radioactive
waste
268.42(d)
TREATMENT STANDARDS EXPRESSED AS WASTE CONCENTRATIONS
revise entries for
F001-F005 spent
solvents, K015, K016,
K018, K019, K020,
K023, K024, K028,
K030, K043, K048,
K049, K050, K051,
K052, K087, K093,
K094, U028, U069,
U088, U102, U107
and U190; remove
U042 entry; add
entries for F037,
F038, K111,K117,
K118, K131,K132
and K1 36 as shown at
57 FR 37274-37277
>
268.43/Table CCW
August 18, 1992 - Page 41 of 48
CL109 14 - ReviMd:
Printed:
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 109: Land Disposal Restrictions for
Newly Listed Wastes and Hazardous Debris (cont'd)
FEDERAL REQUIREMENTS
add paragraph
addressing treatment
standards for
constituents in F001-
F005 listed in Table
CCWE
FEDERAL RCRA CITATION
268.41 (c)
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
TREATMENT STANDARDS EXPRESSED AS SPECIFIED TECHNOLOGIES
add entries for K107,
K108, K109, K110,
K112, K123, K124,
K125, K126, U328,
U353 and U359 as
shown at 57 FR
37273
268.42/Table 2
Guidance note: 268.42(b) is NOT DELEGABLE. States should see Note 2 at the beginning of
this checklist regarding how to incorporate this paragraph into their code.
replace "achievable"
with "achieved"; after
the first occurrence of
"(a), (c) and (d) of this
section" add "for
wastes or specified in
Table 1 of §268.45
for hazardous debris";
after the second
occurrence of "(a), (c)
and (d) of this section"
add "for wastes or in
Table 1 of §268.45
for hazardous debris"
268.42(b)
August 18, 1992 - Page 40 of 48
CL109 14
R*vMd 3/28/94
Pnmcd 3/28/94
-------
OSWER DIRECTIVE NO. 9541.00-2<
SPA H
RCRA REVISION CHECKLIST 109: Land Disposal Restrictions for
Newly Listed Wastes and Hazardous Debris (cont'd)
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
TREATMENT STANDARDS EXPRESSED AS CONCENTRATIONS IN WASTE EXTRACT
after "exceeded",
replace "by" with "in";
after "treatment
residual," replace
"developed" with
"extracted"; replace
"Appendix 1" with
"appendix 1"; after "of
this part", replace "of"
with "for"; remove
clause addressing
D004, D008, D031,
K084, K101, K102,
P010, P011,P012,
P036and U136;
remove parenthetical
sentence; in last
sentence, remove
"unless otherwise
noted in the following
Table CCW"
amend Table CCWE by
revising the "F001-
F005 spent solvents"
entry; removing entries
for "K061 (Low Zinc
Subcategory - less
than 15% Total Zinc)"
and for "K061 (High
Zinc Subcategory -
greater than 15%
Total Zinc) - Effective
until August 7, 1991";
and by adding entries
for "F037", F038" and
"K061" as shown at
57 FR 37272
268.41 (a)
268.41 (a)/Table
CCWE
*
August 18, 1992 - Page 39 of 48
CL109.U - Ravind:
Printed:
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 109: Land Disposal Restrictions for
Newly Listed Wastes and Hazardous Debris (cont'd)
FEDERAL REQUIREMENTS
how to determine
whether a 268.36
waste exceeds a
268.41 or 268.43
treatment standard;
waste prohibited and
all Part 268
requirements apply if
constituents in excess
of applicable levels
FEDERAL RCRA CITATION
268.360)
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
SUBPART D - TREATMENT STANDARDS
APPLICABILITY OF TREATMENT STANDARDS
add clause addressing
hazardous debris after
"268.42(a)"
if 268.41 through
268.48 treatment
standard established
and waste is a
hazardous debris, then
waste subject to those
standards rather than
the 268.45 hazardous
debris standards
268.40(b)
268.40(d)
-
August 18, 1992 - Page 38 of 48
CL109 14 - Ravmd: 3/28/94
Printed: 3/28/94
-------
OSWER DIRECTIVE NO. 9541.00-2
SPA 1
RCRA REVISION CHECKLIST 109: Land Disposal Restrictions for
Newly Listed Wastes and Hazardous Debris (cont'd)
FEDERAL REQUIREMENTS
effective June 30,
1 994, radioactive
wastes mixed with
specified wastes are
prohibited from land
disposal
effective June 30,
1994, debris
contaminated with
specified wastes and
not contaminated with
other prohibited waste
are prohibited from
land disposal
under what
circumstances
268.36(b) wastes may
be disposed in a
landfill or generated
and disposed in a
surface impoundment
under what
circumstances >
268.36(d) and (e)
wastes may be
disposed in a landfill
or generated and
disposed in a surface
impoundment
under what
circumstances 268.36
(a)-(e) do not apply
FEDERAL RCRA CITATION
268.36(d)
268.36(e)
268.36(f)
268.36(g)
268.36(h>
268.36(h)(1)
268.36(h)(2)
268.36(h)(3)
268.36(h)(4)
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
August 18, 1992 - Page 37 of 48
CL109 14 - R*v
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 112:
Recycled Used Oil Management Standards (cont'd).
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
USED OIL STORAGE
wastewaters
containing de minimis
quantities of used oil
not subject to Part
279; used oil burners
are also subject to
applicable Spill
Prevention, Control
and Countermeasures
(40 CJFR Part 1 1 2);
used oil burners are
subject to
Underground Storage
Tank (40 CFR Part
280) standards for
used oil stored in
underground tanks,
whether or not the
used oil exhibits any
hazardous waste
characteristics, in
addition to the Part
279, Subpart G
requirements
used oil burners may
not store used oil in
units other than tanks.
containers, or units
subject to regulation
under Part 264 or 265
containers and
aboveground tanks
must be:
in good condition
not leaking
279.64
279.64(a)
279.64(b)
279.64(b)(1)
279.64(b)(2)
-
19
September 10, 1992 - Page 69 of 81
CU12.14 -RtviMd- 3/28/94
Pnntad: 5/3/94
-------
OSWER DIRECTIVE NO. 9541.00-21
SPA 1<
RCRA REVISION CHECKLIST 112:
Recycled Used Oil Management Standards (cont'd)
FEDERAL REQUIREMENTS
storage containers
must have a secondary
containment system
what the secondary
containment system
must, at a minimum,
include
entire containment
system must be
sufficiently impervious
to prevent any oil
released into the
system from migrating
to soil, groundwater or
surface water
existing aboveground
tanks must have a
secondary
containment system
what the secondary
containment system
must, at a minimum,
include
entire containment
system must be
sufficiently impervious
to used oil to prevent
used oil released into
system from migrating
out of system to soil,
groundwater, or
surface water
20 new aboveground
tanks must have a
secondary
containment system
FEDERAL RCRA CITATION
279.64(c)
279.64(c)(1)
279.64(c)(1Mi)
279.64(c)(1)(ii)
279.64(c)(2)
279.64(d)
279.64(d)(1)
279.64(d)(1)(i)
279.64(d)(1)(ii)
279.64(d)(1)(iii)
279.64(d)(2)
279.64(e)
ANALOGOUS STATE CITATION
STATE ANALOG IS: '
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
September 10, 1992 - Page 70 of 81
CL112.14 -Roviwd: 3/
Pnrrtod: !
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 112:
Recycled Used Oil Management Standards (cont'd).
FEDERAL REQUIREMENTS
what the secondary
containment system
must, at a minimum,
include
entire containment
system must be
sufficiently impervious
to used oil to prevent
used oil released into
system from migrating
out of system to soil,
groundwater, or
surface water
labels
containers and
aboveground tanks
must be clearly labeled
or marked "Used Oil"
fill pipes used to
transfer used oil into
underground storage
tanks must be clearly
labeled or marked
"Used Oil"
upon detection of a
release of used oil to
the environment not
subject to Part 280,
Subpart F, which has
occurred after the
effective date of the
authorized used oil
program for the State
in which the release is
located, a burner must
perform these cleanup
steps:
FEDERAL RCRA CITATION
279.64(e)(1)
279.64(e)(1)(i)
279.64(e)(1)(ii)
279.64(e)(1)(iii)
279.64(e)(2)
279.64(f)
279.64(f)(1)
279.64(f)(2)
279.64(g)
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
September 10, 1992 - Page 71 of 81
CL1 J2.14 -
. 3/28/94
Pnnt«d: 5/3/94
-------
OSWER DIRECTIVE NO. 9541.00-2C
SPA V
RCRA REVISION CHECKLIST 112:
Recycled Used Oil Management Standards (cont'd),
i
FEDERAL REQUIREMENTS
stop the release
contain the released
used oil
clean up and properly
manage the released
used oil and other
materials
repair or replace any
leaking used oil
storage containers or
tanks prior to returning
them to service
FEDERAL RCRA CITATION
279.64(g)(T)
279.64(g)(2)
279.64(g}(3)
279.64(g)(4)
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
TRACKING
burners must keep a
record of each used oil
shipment accepted;
forms records may
take; what the records
for each shipment
must include:
name and address of
transporter who
delivered used oil to
burner
name and address of
generator or
processor/re-refiner
from whom used oil
was sent
EPA ID number of
transporter
EPA ID number of
generator or
processor/re-refiner
279.65(a)
279.65(a)(1)
279.65(a)(2)
279.65(a)(3)
279.65(a)(4)
September 10, 1992 - Page 72 of 81
CL112.14 -HeviMd: 31
Printed: !
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 112:
Recycled Used Oil Management Standards (cont'di
FEDERAL REQUIREMENTS
quantity of used oil
accepted
date of acceptance
records described in
279.65(a) must be
maintained for at least
3 years
FEDERAL RCRA CITATION
279.65(a)(5)
279.65(a)(6)
279.65(b)
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
NOTICES
before accepting the
first shipment of off-
specification used oil
fuel from a generator,
transporter, or
processor/re-refiner,
the burner must
provide the generator,
transporter, or
processor/re-refiner a
one-time written and
signed notice; what
the notice must certify
certification described
in 279.66(a) must be
maintained for 3 years
after burner last
receives shipment of
off-specification oil
from that individual
279.66(a)
279.66(a)(1)
279.66(a)(2)
279.66(b)
•
MANAGEMENT OF RESIDUES
residues from storage
or burning must be
managed as specified
in 279.10(e)
279.67
September 10, 1992 - Page 73 of 81
CL112.14 R.V
3/28/94
Pnmwd 5/3/94
-------
OSWER DIRECTIVE NO. 9541.0(
SPA
RCRA REVISION CHECKLIST 112:
Recycled Used Oil Management Standards (cont'd)
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADI
IN SCOI
SUBPART H - STANDARDS FOR USED OIL FUEL MARKETERS
APPLICABILITY
,21 this section applies to
any person who:
• directs a shipment of
off-specification used
oil to a used oil burner
• first claims that used
oil that is to be burned
for energy recovery
meets the
specifications of
279.11
,22
persons who are not
marketers subject to
,22 Subpart H
any person subject to
the requirements of
Part 279 Subpart H
must also comply with
one of specified Part
279 Subparts
279.70(a)
279.70(a)(1)
279.70(a)(2)
279.70{b)
279.70(b)(1)
279.70(b){2)
279.70(c)
279.70(0(1)
279.70(0(2)
279.70(0(3)
279.70(0(4)
PROHIBITIONS
• used oil fuel marketer
may initiate a
shipment of off-
specification used oil
only to a used oil
burner who:
• has an EPA ID number
279.71
279.71 (a)
September 10, 1992 - Page 74 of 81
CL112.14 - ReviMd: 3/i
Printed- 5
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OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 112:
Recycled Used Oil Management Standards (cont'd)
FEDERAL REQUIREMENTS
• burns the used oil in
an industrial furnace or
boiler identified in
279. 61 (a)
FEDERAL RCRA .CITATION
279.71(b)
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
ON-SPECIFICATION USED OIL FUEL
determination that
used oil meets 279.1 1
fuel specifications may
be made by performing
analyses or obtaining
copies of analyses or
other information
documenting that the
used oil fuel meets
those specifications;
such used oil to be
burned for energy
recovery is not subject
to further regulation
under Part 279
generator, transporter.
processor/re-refiner or
burner who first claims
used oil to be burned
for energy recovery
meets 279.11
specifications must
keep analyses or other
information for 3 years
279.72(a)
279.72(b)
NOTIFICATION
• ,23 used oil fuel marketers
who have not
previously done so
must comply with
RCRA § 3010
notification
requirements and
obtain an EPA ID
number
279.73(a)
« •_ .« „«„„ n -..-in* CL1 1 2.14 -Rev«»d: 3/28/94
September 10, 1992 - Page 75 of 81 Pm,*: 5/3/94
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OSWER DIRECTIVE NO. 9541.00-
SPA 1
RCRA REVISION CHECKLIST 112:
Recycled Used Oil Management Standards (cont'd;)
FEDERAL REQUIREMENTS
a marketer without an
EPA ID number may be
obtain one by
submitting either:
a completed EPA Form
8700-12; or
a letter requesting an
EPA ID number; what
the letter should
include
FEDERAL RCRA CITATION
279.73(b)
279.73(b)(1)
279.73(b)(2)
279.73(b)(2)(i)
279.73(bM2)(ii)
279.73(b)(2)(iii)
279.73(b)(2)(iv)
279.73(b)(2)(v)
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
TRACKING
,24 generator who directs
a shipment of off-
specification used oil
to a burner must keep
a record of each
shipment; forms
records may take;
what the records must
include for each
shipment:
• name and address of
transporter who
delivers used oil to
burner
• name and address of
burner receiving used
oil
* EPA ID number of
transporter
279.74(a)
279.74(a)(1)
279.74(a)(2)
279.74(a)(3)
September 10, 1992 - Page 76 of 81
CL112.14 - Reviwd: 31
Pnntoo".
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OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 112:
Recycled Used Oil Management Standards (cont'd).
FEDERAL REQUIREMENTS
* EPA ID number of
burner
* quantity of used oil
shipped
* shipment date
* generator, transporter,
processor/re-refiner or
burner who first claims
used oil to be burned
for energy recovery
meets 279.11
specifications must
keep a record of each
shipment to an on-
specification used oil
burner; each record
must include:
• name and address of
receiving facility
* quantity delivered
* date of shipment or
delivery
* cross-reference to
analysis or other
information used to
determine that the oil
meets 279.72{a)
specification
• records described in
279.74(3) and (b)
must be maintained for
at least 3 years
FEDERAL RCRA CITATION
279.74(a)(4)
279.74(a)(5)
279.74(a)(6)
279.74(b)
279.74(b)(1)
279.74{b)(2)
279.74(b)(3)
279.74(b)(4)
279.74(c)
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
•
September 10, 1992 - Page 77 of 81
CL112.14
Ravmd 3/28/94
Pnnled: 5/3/94
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OSWER DIRECTIVE NO. 9541.00-2'
SPA 1-
RCRA REVISION CHECKLIST 112:
Recycled Used Oil Management Standards (cont'ctt
i
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE CITATION
\
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
NOTICES
• before a used oil
generator, transporter,
or processor/re-refiner
directs the first
shipment of off-
specification used oil
fuel to a burner, burner
must provide a one-
time written and
signed notice; what
the notice must certify
* 279.75 certification
must be maintained for
3 years from the date
of the last shipment of
off-specification used
oil to the burner
279.75(a)
279.75(a)(1)
279.75(a)(2)
279.75(b)
SUBPART I - STANDARDS FOR USE AS A DUST SUPPRESSANT AND
DISPOSAL OF USED OIL
APPLICABILITY
Subpart I applies to all
used oils that cannot
be recycled and are
being disposed
279.80
DISPOSAL
used oils that are
hazardous waste and
cannot be recycled
under Part 279 must
be managed in
accordance with Parts
260-266, 268, 270
and 124
279. 81 (a)
September 10, 1992 - Page 78 of 81
CL112 14
3/2C
Prwit«d
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OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 112:
Recycled Used Oil Management Standards (cont'd)
FEDERAL REQUIREMENTS
used oils that are not
hazardous wastes and
cannot be recycled
under Part 279 must
be disposed in
accordance with Parts
257 and 258
FEDERAL RCRA CITATION
279.8Kb)
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
USE AS A DUST SUPPRESSANT
use of used oil as a
dust suppressant is
prohibited; exception
a State may petition
EPA to allow the use
of used oil meeting
specific requirements
as a dust suppressant;
what State must
show; program must
minimize impact on the
environment
list of States
(reserved)
279.82(a)
279.82{b)
279.82(c)
1 This definition may be changed in the future by EPA to better explain what is meant by a
"used oil processor/re-refiner."
2 Note that there is a typographical error in the Federal Register at 279.10(b)(2)(iii); "because if"
should be "because it."
3 Expanded by the March 4, 1994 rule (59 FR 10550) addressed by Revision Checklist 130.
4 The Federal Register at 279.40(d)(4) includes an extraneous phrase, "partuel Marketers of
this", between "subpart H of this" and "part."
5 Note that there is an error in the Federal Register at 279.43(c)(3)(i); there should be a comma
after "171.15."
6 Note that there is a typographical error in the Federal Register at 279.43(c)(5); "used oil
discharged that occurs" should be "used oil discharge_that occurs."
September 10, 1992 - Page 79 of 81
CL112.14 - Revind: 3/28/94
Printed: 5/3/94
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OSWER DIRECTIVE NO. 9541.00-
SPA 1
RCRA REVISION CHECKLIST 112:
Recycled Used Oil Management Standards (cont'd)
7 Note that there is a typographical error in the Federal Register at 279.44(a); "used oil being
transporter" should be "used oil being transported."
8 There appears to be a technical error in 279.45; "generators" should perhaps be
"transporters". The checklist description for this paragraph corrects this error.
^ The Federal Register for 279.45(a) says "subpart F of this chapter" and should more
specifically say "subpart F of this part."
10 The Federal Register texts for 279.52(a) and 279.52(b) include two typographical errors:
"processors" should be "processing" and "re-refiners" should be "re-refining."
11 The Federal Register for 279.52(b)0)(ii) says "release or used oil" but should say "release of
used oil."
12 The Federal Register says that the facility must be in compliance "with paragraph (h) of this
section." There is no 279.52(h); 279.52(b)(6)(viii)(C) should read paragraphs "(b)(6)(viii)(A)
and (B)." This error was corrected by a May 3, 1993 rule (58 FR 26420; Revision Checklist
122).
1^ Note, "generators" in the third sentence should be "processors/re-refiners."
14 Note that there is an error in the Federal Register at 279.54(g)(3); "mange" should be
"manage."
15 There is a typographical error in the Federal Register at 279.57(a)(2){ii): "an specified" shoul
be "as specified."
18 In § 279.59, "re-fining" is an error and has been replaced in this checklist with "re-refining."
17 Note that there is an error in the Federal Register at 279.60(b)(1); "comply this" should be
"comply with."
18 Note that there is an error in the Federal Register at 279.63(c); the " 1" after "hazardous
waste" should be deleted.
1^ There appears to be a technical error in 279.64; "generators" should perhaps be "burners."
The checklist description for this paragraph corrects this error.
2^ The paragraph title and first sentence do not agree. Because 279.64(d) referred to existing
aboveground tanks, this checklist assumes that 279.64(e) refers to new aboveground tank
21 The applicability section of a subpart usually designates to whom the subpart applies; it is
likely that "section" in § 279.70(a) is an error. Other paragraphs in this section refer to the
subpart.
22 Only 279.70(b){1)&(2) are designated as HSWA provisions.
September 10, 1992 - Page 80 of 81 0.112.14 -
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OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 112:
Recycled Used Oil Management Standards (cont'dO
23 Because used oil fuel marketers are subject to all requirements of Subpart H, it is likely tha.t
"of this section" is an error in the Federal Register at 279.73(a).
24 "Generator" in this paragraph should be "marketer." This error was changed by the May 3,
1993 (58 FR 26420; Revision Checklist 122) technical correction.
_ . „ _ „,_,_._ _ !__ , _„ CL112.14 -Reviewl: 3/28/94
September 10, 1992 - Page 81 of 81 p™,,.* 5/3/94
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Environmental Fact Sheet
Recycled Used Oil Management Standards
-------
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SPA14 OSWER DIRECTIVE NO. 9541.00-20
ENVIRONMENTAL
FACT RECYCLED USED OIL
SHEET MANAGEMENT STANDARDS RULE
Brief History of the Used Oil Rules
The regulatory history of used oil under the Resource C
December 18, 1978 initial proposed rule (43 PR 589
under RCRA §3001. Waste lubricating oil and waste
based on their toxicity. Certain "waste oil"1 recycling
1980 (45 FR 33084) final rule subjected to full Subtitl
of the characteristics of hazardous waste (ignitability
or was accumulated, stored or treated prior to disposal
was not regulated due to the'beneficial use exemption
deferred promulgation of waste oil recycling regulatio
imposing the full set of Subtitle C regulations on pot
rule also deferred the listing of waste oil for disposal
one time.
mservation and Recovery Act (RCRA) began with EPA's
6) for the identification and listing of hazardous waste
hydraulic and cutting oils were listed as hazardous waste
egulations also were proposed. However, the May 19,
C regulation only waste oil that exhibited one or more
corrosivity, reactivity and toxicity) and was disposed
Recycled waste oil, that exhibited a characteristic,
under 40 CFR 261.6. The May 19, 1980 rule also
is to allow the Agency time to consider alternatives to
ntially recoverable and valuable materials. That same
o that the entire waste oil issue could be addressed at
In September 1980, Congress passed the Used Oil R
required the Agency to establish performance standa
would protect public health and the environment as
recovery or recycling of used oil" but did discouragjs
Hazardous and Solid Waste Amendments (HSWA) of
emphasize the importance of human health and t
amendments also required EPA to propose, by Nov
hazardous, used automobile and truck crank case oil.
used oils by November 8, 1988.
cycling Act (incorporated at RCRA 5 3014). That act
•ds and other requirements applicable to used oil that
jng as these regulations "did not discourage the use,
the improper burning or disposal of such oil. The
1984 slightly altered the language in RCRA § 3014 to
e environment in regulating used oil. The HSWA
jmber 8, 1985, whether it would identify or list as
The Agency was to make a final determination for all
On November 28, 1985 (50 FR 49164), EPA promulgated regulations at Subpart E of 40 CFR Part 266 that
prohibited the burning of off-specification used oil
uel in non-industrial boilers and furnaces, and these
regulations imposed notification and recordkeeping requirements on marketers of used oil and industrial burners
of off-specification oil. Despite two proposed rules to
1985, EPA issued a decision, on November 19, 1986
oil that is recycled. The Agency also stated its intent
:he contrary that were also published on November 28,
(51 FR 41900), not to list as a hazardous waste used
>n to issue, at a later date, both a decision on whether
to list as hazardous used oil that is disposed and a set of management standards for recycled used oil. On
October 7, 1988 the Court of Appeals for D.C. found that EPA acted contrary to law in its determination not
to list used oil based on stigmatic effects. A Supplemental Notice of Proposed Rulemaking (56 FR 48000),
finally published September 23, 1991, discussed EPA's data collection activities for the identification and
listing of waste oil as well as several used oil management standard options for used oil under RCRA § 3014
not previously discussed in the Federal Register. This notice was followed by a final rule (57 FR 21524; May
20, 1992 as amended at 57 FR 29220; July 1, 1992) that excluded, from the definition of hazardous waste,
non-terne plated used oil filters that have been drained to remove used oil. That rule also addressed the
Agency's decision not to list used oils destined for disposal as hazardous wastes.
The present recycled used oil management regulations, promulgated September 10, 1992 (57 FR 41566), are
based on a review and analysis of comments for both the November 28, 1985 proposed rulemaking and the
'The term "waste oil" in the wording of the early regulations included both used and unused oils that could no longer be used for their
intended purposes. The later regulations switched to the term "used oil," which does not include unused waste oils.
Environmental Fact She*t
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SPA14 OSWER DIRECnVE NO. 9541.00-20
Recycled Used Oil Management Standards
1991 Supplemental Notice of Proposed Rulemaking. In this rule and its subsequent amendments (58 PR
26420, 58 FR 33341, and 59 FR 10550), the Agency has adopted a set of management standards that will
control the management of all used oils, with certain exemptions, that are recycled. The Agency has made
the presumption (see 40 CFR 279.10(a» that all used oil is to be recycled unless a used oil handler disposes
of used oil or sends it for disposal. This amended rule is the subject of the remainder of this fact sheet.
The Recycled Used Oil Management Standards
The September 10, 1992 Recycled Used Oil Management Standards Rule promulgates a final listing decision
for used oils that are recycled, as well as standards for the management of used oil under RCRA §3014.
These requirements are codified at 40 CFR Part 279. The used oil requirements at 40 CFR Part 266; Subpart
E have been removed from that Part and recodified in the new Part 279.
EPA has determined that recycled used oil does not have to be listed as a hazardous waste because the used
oil management standards issued under the Recycled Used Oil Management Standards Rule are adequately
protective of human health and the environment. Used oil is still considered a hazardous waste if it displays
a hazardous waste characteristic or if it is mixed with a hazardous waste. However, this only becomes a
consideration when the oil is disposed of because, otherwise, the oil is regulated by the new management
standards in Part 279. Even if such oil is intended for disposal, it is regulated under Part 279 until the point
it is disposed of or sent for disposal.
The Part 279 management standards apply to aU used oils regardless of whether they exhibit a hazardous
waste characteristic, because EPA presumes that all used oils are recyclable and therefore must be managed
in accordance with the new standards. Used oil that does not exhibit any hazardous waste characteristic is
not subject to any other RCRA Subtitle C regulation and may be disposed of in a Subtitle D facility. The oil
is subject to any applicable State regulations for solid waste management. Marketers and burners of used oil
containing any quantifiable levels of PCBs are subject to the Toxic Substances Control Act (TSCA) regulations
at 40 CFR 761.20(e), in addition to the Part 279 requirements. Used oil containing more than 50 ppm PCBs
is fully subject to the TSCA regulations. Blending for the purpose of returning PCBs below 50 ppm, or the level
of detection, is prohibited by the new Part 279 requirements.
The new used oil management standards apply to used oil generators, transporters, processors and re-refiners,
burners, and marketers. Household-generated and do-it-yourselfer-generated used oils are subject to the
management standards only when these used oils are collected and aggregated at collection centers,
aggregation points and generators. The collection centers are subject to the requirements for used oil
generators. The new regulations also contain prohibitions and exemptions from the management standards.
These and the major provisions of Part 279 are summarized in Table 1.
As a result of the Recycled Used Oil Management Rule, service station dealers can become eligible for an
exemption from the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA),
provided they meet the requirements of CERCLA 114(c). This exemption is limited to generator- and
transporter-liability. It does not cover owner and operator liability. For a detailed discussion of this exemption,
see 58 FR 41583 (September 10, 1992).
EPA's Future Plans for the Used Oil Regulation
The September 23, 1991 Supplemental Notice (56 FR 48000) proposed the following exemptions from the
used oil regulations: (1) used oils that are reinserted as feedstocks at primary petroleum refineries, (2) fuels
derived from those used oils, and (3) used oils inserted into crude oil or natural gas pipelines. However, the
management standards for used oil promulgated on September 10, 1992 and codified at 40 CFR Part 279 did
not include such exemptions for used oil inserted into the petroleum refining process both prior to and after
crude distillation and catalytic cracking. In order to address this issue, EPA published a final rule on March 4,
1994 (59 FR 10550), which amended the existing pipeline exemption to (1) clarify its intended scope, and (2)
expand the exemption to other petroleum refinery applications. In response to a suit filed by Edison Electric
Institute on January 11,1993, the March 4 rule also amended the used oil processing definition under Part
Environmental Fact Sheet
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SPA14 OSWER DIRECTIVE NO. 9541.00-20
Recycled Used Oil Management Standards
279 to exclude generators who only process used oil that is generated on-site and: that is not being sent
directly to a used oil burner.
The Agency is currently considering alternative methods for identifying wastes as hazardous. Depending on
what approach the Agency ultimately chooses, the manner in which EPA regulates mixtures of used oil and
hazardous waste may change.
Implications for State Programs
Used oil burning requirements, originally promulgated in 1985 at Part 266, Subpart E under HSWA authority
and recodified in Part 279, remain Federally enforceable in all States that are not yet authorized for the former
Part 266, Subpart E2. (Those specific Part 279 provisions designated as HSWA provisions are listed in 40
CFR 271.26/table, promulgated at 58 FR 26424.) These provisions remain enforceable under state law in
those states that are already authorized for the Part 266, Subpart E provisions. The other provisions of Part
279 do not become effective in authorized States until individual States adopt the provisions and EPA grants
the States authorization for the provisions. All of the Part 279 used oil management standards became
effective on March 8, 1993 in those States and Territories that are not authorized for the RCRA base program
and on Indian lands.
States are required to revise their Subtitle C base programs to adopt the new used oil requirements by July
1, 1994 or by July 1, 1995 if a State statutory change is necessary. However, EPA recommends that States,
which are considering regulations to incorporate the Part 279 standards, delay action pending issuance of the
anticipated early 1994 amendments to the used oil regulations (as discussed above). Deferring action would
enable the State to promulgate counterparts to the Part 279 standards and corresponding exemptions as a
whole, thereby avoiding the confusion that would result from piecemeal adoption of the standards and
exemptions. In order to ease States' adoption and authorization of the used oil regulations, EPA plans to issue
a checklist that consolidates all the recycled used oil rules, including the March 4, 1994 final rule. For those
States that choose to adopt the consolidated used oil rule, the deadline for program revisions to adopt the used
oil requirements will be extended to July 1, 1995 or to July 1, 1996 if a State statutory change is necessary.
States, however, are free to adopt the existing used oil regulations as promulgated by EPA on September 10,
1992 together with that rule's two amendments according to their associated adoption deadlines. States are
also free to subsequently elect to adopt or not adopt the exemptions that EPA issued in March 1994.
Conclusion
The recycled used oil rule, codified at a new Part 279 of Title 40 of the CFR. addresses EPA's final listing
decision for used oils that are recycled, and provides standards for the management of used oil under RCRA
§3014. The rule is promulgated to meet the legislative mandate of the Used Oil Recycling Act of 1980 and
is designed to protect public health and the environment.
Contact
To order copies of the Federal Register notices, or for additional information, contact the RCRA Hotline
Monday-Friday, 8:30 a.m. to 7:30 p.m. EST. The national toll-free number is (800) 424-9346; for the hearing
impaired, the number is TDD (800) 535-7672. In Washington, D.C., the number is (703) 412-9810 or TDD
(703) 412-3323.
2ln the September 10, 1992 rule (57 PR 41566), EPA designated all of the Recycled Used Oil Management Standards as non-HSWA
provisions. Later, EPA realized that this designation was arguably inconsistent with statements made in the November 29, 1985 rule
which added Subpart E to 40 CFR Part 266. These former regulations were issued under HSWA authority and then were recodified in
certain portions of Part 279 by the September 10, 1992 rule. As such, the recodified provisions were redesignated as HSWA provisions
by the May 3, 1993 amendment to the September 10 rule.
Environmental Fact Sheet 3
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SPA14 OSWER DIRECTIVE NO. 9641.00
ENVIRONMENTAL FACT SHEET
RECYCLED USED OIL MANAGEMENT STANDARDS RULE
A. Major Provisions
• a regulatory definition of used oil based on the statutory definition at RCRA § 1004(36);
• expansion of the 40 CFR Part 266, Subpart E "rebuttable presumption" provision, used by the
Agency to determine if used oil has been mixed with hazardous waste, to cover all used oils,
regardless of the type of handler; a conditional exemption from the rebuttable presumption is provided
for certain used metalworking oils containing chlorinated paraffins and used compressor oils
containing chlorofluorocarbons (CFCs);
• compliance with notification requirements of RCRA §3010; renotification of used oil activities is not
necessary if the used oil handler already has an EPA Identification Number;
• tracking and recordkeeping requirements for used oil transporters, processors and re-refiners to
provide a level of confidence within the system that used oils destined for recycling are recycled by
authorized facilities;
• requirements for used oil processing and re-refining facilities to develop specific sampling and
analytical plans documenting that they do not accept hazardous waste/used oil mixtures;
• tank and container labelling requirements for all used oil handlers;
• Spill Prevention, Control and Countermeasures (Part 112) and Underground Storage Tank
requirements (Part 280) for all storage units, as applicable;
• secondary containment requirements to minimize potential releases from containers and tanks;
• standards for the cleanup of releases to the environment during storage and transit; and
• closure standards for processors and re-refiners.
B. Prohibitions
• management of used oil in surface impoundments and waste piles not regulated under Subtitle C of
RCRA;
• the use of used oil for road oiling and dust suppressant purposes; States may petition EPA to allow
such activity in the individual States;
• the burning of off-specification used oil in devices not specified at 40 CFR 279.12(c); and
• the blending by transporters of used oils with virgin oil to meet the Part 279 specification levels for
used oil fuels.
C. Exemptions
• small farming operations that generate an average of 25 gallons or less of used oil per month in a
calendar year are exempted from the used oil generator standards;
• used oil re-refining distillation bottoms that are used as feedstock to manufacture asphalt products;
• used oil mixed with crude oil or natural gas liquids for insertion into a crude oil pipeline (prior to
mixing, this used oil is subject to the Part 279 requirements);
• used oil and diesel fuel mixed by a generator for use in its own vehicles (prior to mixing, the used oil
is subject to the Part 279, Subpart C requirements);
• wastewater contaminated with de minimi's quantities of used oil; and
• used oil produced on vessels from normal shipboard operations; however, once this oil is transported
ashore the oil becomes subject to the Part 279 requirements. Both the owner/operator of the ship
and the person removing the used oil ashore are considered generators of the oil.
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OSWER DIRECTIVE NO. 9541:00-20
SPA 14
Rule Titles:
Checklist Title:
References:
Promulgation Dates:
Effective Dates:
Cluster:
Provision Type:
Linkage:
Optional:
Revision Checklist 113 Summary
This rule consolidates the changes made by the following three
rules:
• Standards Applicable to Owners and Operators of
Hazardous Waste Treatment, Storage, and Disposal
Facilities; Liability Coverage
• Standards Applicable to Owners and Operators of
Hazardous Waste Treatment, Storage and Disposal
Facilities; Liability Requirements
• Standards Applicable to Owners and Operators of
Hazardous Waste Treatment, Storage and Disposal
Facilities; Financial Responsibility for Third-Party
Liability, Closure, and Post-Closure
Consolidated Liability Requirements
53 FJB 33938-33960, 56 FR 30200, and 57 FR 42832-42844
September 1, 1988; July 1, 1991; and September 16, 1992
October 3, 1988; July 1, 1991; September 16, 1992
RCRA Cluster III
Non-HSWA
None
No, but certain portions of this checklist are optional
Summary: On September 1, 1988, (53 FR 33938), the Agency issued a final rule that
expanded the instruments available to owners and operators to demonstrate financial
responsibility for third-party liability assurance. This rule also established, at § §264.147 and
265.147, a claims reporting requirement for third-party claims. Chemical Waste Management,
Inc. (CWM) challenged several portions of this rule and on February 23, 1990 entered into a
settlement agreement with EPA in which the Agency agreed to make several changes to the
liability coverage requirements. Because of this litigation and resulting settlement agreement,
the checklist (i.e. Revision Checklist 51) for this rule was withheld. The Agency encouraged
States to not adopt the provisions addressed by the September 1, 1988 rule until all of the
amendments agreed to in the settlement agreement were made. On July 1, 1991 (56 FR
30200) a final rule correcting the September 1, 1988 rule was issued. Specifically, that rule
corrected the omission of "miscellaneous" units as subject to the requirements of 264.147(b)
and, as part of satisfying the settlement agreement, references to 264.147(f) and 265.147(f)
were inserted into 264.147(a)(2) and 265.147(a)(2), respectively. The Agency also withheld
the checklist (i.e.. Revision Checklist 93) for that rule because this correction did not address
all of the regulatory amendments required by the settlement agreement. The remaining
settlement agreement amendments were made by the September 16, 1992 rule (57 FR
42832). That notice also promulgated a conforming change to §§264.147(f)(6) and
265.147(f)(6) to expand the instruments available to owners and operators that no longer
meet the requirements of the financial test for liability coverage.
SUM113.14-7/28/93
[Printed: 3/28/94]
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OSWER DIRECTIVE NO. 9541.00-20
SPA 14
Revision Checklist 113 Summary (cont'd)
This present checklist. Revision Checklist 113, is a special checklist which consolidates the
changes made to the Federal regulations by the September 1, 1988, the July 1, 1991, and
the September 16, 1992 final rules so that States can adopt these changes at one time.
Revision Checklists 51 and 93 will not be issued, nor will a separate checklist be developed
for the September 16, 1992 rule. Rather, States should use this Consolidated Liability
Requirements Checklist to adopt the provisions of these three final rules. States that already
have adopted changes based on the September 1, 1988 final rule are strongly encouraged to
complete this consolidated checklist to ensure that all revisions pursuant to the later two
amendments are correctly made in the State's code. Note that the deadline for this
Consolidated Checklist is based on the promulgation date of the most recent of the rules.
State Authorization: This checklist is placed in RCRA Cluster III. The State modification
deadline is July 1, 1994 (or July 1, 1995 if a State statutory change is necessary). These
changes do not go into effect until States become authorized for them because this rule was
promulgated under pre-HSWA authorities. Only final authorization is available.
Note that the claims reporting requirements as promulgated by the September 1, 1988 rule
were originally classified as optional; however, as there were no reporting requirements prior
to that time, the Agency has determined that these requirements were, in fact, more
stringent. States should have been required to modify their programs to include these
requirements by July 1,1990. However, since States were not notified of this obligation, the
Agency will, for the purposes of determining applicable deadlines under §271.21 (e)(2), treat
these requirements as if they were promulgated on September 16, 1992.
Note, however, that the revisions to the claims reporting requirements that were promulgated
by the September 16, 1992 rule are not more stringent than the reporting requirement at
§ §264.147(a)(7)&(b)(7) and 265.147(a)(7)&(b)(7) as promulgated by the September 1,1988
rule. Therefore, States that have already adopted the claims requirements as promulgated by
the September 1, 1988 rule are not required to adopt the clarified reporting requirement,
although EPA urges them to do so. States that have not yet adopted the September 1, 1988
rule's claims reporting requirements should not do so, but should adopt the clarified version
promulgated by the September 16, 1992 rule as indicated by Revision Checklist 113.
The State revision application must include applicable regulations, an AG statement
addendum, the Consolidated Liability Requirements Checklist, other associated checklists and
other application materials, i.e. a program description and an MOA, as determined by the
Regional office.
Attorney General's Statement Entry: The following entries should be placed at Subsections
XV O, P and Q in the Model Revision Attorney General's Statement.
O. [OPTIONAL: This is a reduced requirement,,] State statutes and
regulations allow the use of additional financial instruments (letter of credit, a
surety bond, a guarantee, trust fund, and purchase of insurance by other firms)
SUM113.14 -7/28/93
(Printed: 3/28/94)
-------
OSWER DIRECTIVE NO, 9541,00-20
SPA 14
Revision Checklist 113 Summary (cont'd)
to meet the liability coverage requirements as specified in Revision Checklist
113.
Federal Authority: RCRA §§2002(aL 3004 and 3005; 40 CFR 264.141,
264.147, 264.151, 265.141, 265.147 and 265.151 as amended September
1, 1988 (53 FR 33938), July 1, 1991 (56 FR 30200), and September 16,
1992 (57 FR 42832).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
P. [OPTIONAL: This is a reduced requirement.] State statutes and
regulations include conforming changes to 264.147(f)(6) and 265.147(f)(6) to
expand the instruments available to owners and operators that no longer meet
the requirements of the financial test for liability coverage as indicated in
Revision Checklist 113.
Federal Authority: RCRA §3004; 40 CFR 264.147(f)(6) and 265.147(f)(6) as
amended September 16, 1992 (57 FR 42832).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
Q. State statutes and regulations require reporting of third-party claims
against an owner's or operator's liability coverage as indicated by Revision
Checklist 113.
Federal Authority: RCRA §§2002(a), 3004 and 3005; 40 CFR 264.147(a)(7)&
(b)(7) and 265.147(a)(7)&(b)(7) as amended September 1,1988 (53 FR 33938)
and September 16, 1992 (57 FR 42832).
Citation of Laws and Regulations; Date of Enactment and Adoption
Remarks of the Attorney General
SUM113.14-7/28/93
[Printed: 3/28/94)
-------
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 113
Consolidated Liability Requirements
53 FR 33938-33960
September 1, 1988
56 FR 30200
July 1, 1991
57 FR 42832-42844
September 16, 1992
(RCRA Cluster III, Non-HSWA provisions)
Notes: 1) This special consolidated checklist addresses changes made to the Federal code by the
September 1, 1988 final rule (53 FJR 33938, withheld Revision Checklist 51) as well as
amendments made by the July 1, 1991 (56 FR 30200, withheld Revision Checklist 93) and the
September 16, 1992 (57 FJR 42832) final rules. The September 1, 1988 rule was the subject of
litigation and its checklist, Revision Checklist 51, was withheld by EPA to encourage States not
to adopt those changes until a final settlement agreement could be reached and implemented.
The July 1, 1991 and September 16, 1992 rules were promulgated to make the revisions
mandated by the settlement agreement. Now that all requirements of the settlement agreement
have been met, EPA is issuing this Consolidated Liability Requirements Checklist to aid States in
correctly adopting the changes made by these three rules.
Revision Checklists 51 and 93 will not be issued individually. Rather, States should use this
Consolidated Liability Requirements Checklist to adopt the provisions of the three final rules.
States that have already adopted changes based on the September 1, 1988 final rule are strongly
encouraged to complete this consolidated checklist to ensure that all revisions pursuant to the
two amendments are correctly made in the State's code. Note that the deadline for this
consolidated checklist is July 1, 1994, based on the promulgation date of the most recent of the
amendments.
2) In the September 1, 1988 final rule, all changes were classified as less stringent and,
therefore, optional with regard to State adoption. Note that, as part of the settlement agreement
with Chemical Waste Management, inc., the claims reporting requirements were reclassified as
more stringent and, therefore, required for State adoption. Only those changes marked as
optional (t) in this consolidated checklist should be considered less stringent provisions. The
September 16, 1992 rule modified the claims reporting requirements (264.147(a)(7)&(b)(7) and
265.147(a)(7)&(b)(7)) and they are less stringent than the claim reporting requirements
promulgated in the September 1, 1988 rule. Thus, States which have already adopted the
September 1, 1988 provisions are not required to adopt the "clarified" reporting requirements of
the September 16, 1992 rule, although EPA strongly encourages them to do so. States that did
not adopt the September 1, 1988 claims reporting requirements should not do so but should,
instead, adopt the clarified September 16, 1992 version included in this consolidated checklist.
3) This checklist includes a "rule" reference column. To simplify references to the three rules
addressed by this checklist, "51" will signify the September 1, 1988 rule, "93" will signify the
July 1, 1991 rule, and "113" will indicate the September 16, 1992 rule.
_ „_ ' CL113.14 -Rev«od: 2/10/93
Page 1 of 30 Prim** 3/28/94
-------
OSWER DIRECTIVE NO. 9541.00-J
SPA 1
RCRA REVISION CHECKLIST 113: Consolidated Liability Requirements (cont'd)
4) There were several typographical errors in the September 1, 1988 Federal Register article. '
These are explained in endnotes in this consolidated checklist.
5) The optional designation (t) is placed in the margin of the consolidated checklist if a checklis
introduced a new optional paragraph into the Federal code. If a checklist addresses optional
changes to an existing paragraph, the optional designation is placed beside the corresponding
checklist number.
FEDERAL REQUIREMENTS
RULE
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BR
IN
PART 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE
TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SUBPART H - FINANCIAL REQUIREMENTS
DEFINITIONS OF TERMS AS USED IN THIS SUBPART
t add new paragraph
defining "substantial
business relationship"
51
264.1 41 (h)
Page 2 of 30
CL113.14-RoviMd: 2
Pi ii i tod* 3
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 113: Consolidated Liability Requirements (cont'd)
FEDERAL REQUIREMENTS
RULE
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
FINANCIAL ASSURANCE FOR CLOSURE
remove "hereafter
referred to as
'corporate
guarantee'" from first
sentence; insert
"direct or higher-tier"
before "parent
corporation"; add
phrase regarding
sibling firms and
firms with substantial
business relationships
to end of second
sentence; remove
"corporate" before
"guarantee" in three
places; insert
"certified copy of
the" before
"guarantee must
accompany"; add
text regarding letter
from guarantor's
chief financial officer
and what the letter
must describe
t113
264.143(f)(10)
Page 3 of 30
CL113.14 -RovMod 2/10/93
Printed. 3/28/94
-------
OSWER DIRECTIVE NO. 9541.00-2
SPA 1
RCRA REVISION CHECKLIST 113: Consolidated Liability Requirements (cont'd)
FEDERAL REQUIREMENTS
RULE
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
— 1
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BRO
IN S
FINANCIAL ASSURANCE FOR POST-CLOSURE CARE
1 replace "of" with
"for" in the first
sentence; remove
"hereafter referred to
as 'corporate
guarantee'"; insert
"direct or higher-tier"
before "parent
corporation"; add
phrase regarding
sibling firms and
firms with substantial
business relationships
to end of second
sentence; remove
"corporate" before
"guarantee" in three
places; insert "A
certified copy of"
after "§
264.1 51 (h)."; change
"The corporate" to
"the corporate"; add
text regarding letter
from guarantor's
chief financial officer
and what the letter
must describe
t113
264.145(f)(11)
•
LIABILITY REQUIREMENTS
delete "in one of
three ways"; replace
"and (3)" with "(3),
(4), (5), or (6)"
t51
264.147(a)
Page 4 of 30
CL113.14 - RaviMd: 2
Printed: '.
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 113: Consolidated Liability Requirements (cont'd)
FEDERAL REQUIREMENTS
insert "or" after
"owner"; delete
"corporate" before
"guarantee"; change
"paragraph {g)" to
"paragraphs (f) and
(g)"
replace existing
paragraph;
requirements may be
met by obtaining
letter of credit for
liability coverage
t add new paragraph;
requirements may be
met by obtaining
surety bond for
liability coverage
t add new paragraph;
requirements may be
met by obtaining
trust fund for liability
coverage
t add new paragraph;
liability coverage may
be demonstrated by
combination of
financial mechanisms;
amount of coverage
must total at least
the minimum
amounts required by
264.147;
specification of
"primary" and
"excess" coverage
RULE
REFERENCE
t51,93
t51
51
51
51
FEDERAL RCRA CITATION
264.147(a)(2)
264.147(a)(3)
264.147(a)(4)
264.147(a)(5)
264.147(a)(6)
•
ANALOGOUS STATE
CITATION
,
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 5 of 30
CL113.14 -Ravimd 2/10/93
Printed 3/28/94
-------
OSWER DIRECTIVE NO. 9541.00-2
SPA1
RCRA REVISION CHECKLIST 113: Consolidated Liability Requirements (cont'd)
FEDERAL REQUIREMENTS
add and amend new
paragraph; notify
Regional
Administrator in
writing whenever:
add and amend new
subparagraph; claims
reduce amount of
financial assurance
for liability coverage
Certification of Valid
Claim for bodily injury
or property damages
caused by sudden or
non-sudden
accidental occurrence
is entered between
the owner or operator
and a third- party
claimant
final court order
establishing judgment
for bodily injury or
property damage
caused by sudden or
non-sudden
accidental occurrence
is issued against the
owner or operator or
an instrument
providing financial
assurance
RULE
REFERENCE
51,113
51,113
51,113
113
FEDERAL RCRA CITATION
264.147(a)(7)
264.1 47 (a)(7)(i)
264.147(a)(7)(ii)
264.147{a)(7){iii)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BRO/
IN S(
r
Page 6 of 30
CL113.14
Rcvmd: 21
Pruned: 31
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 113: Consolidated Liability Requirements (cont'd)
FEDERAL REQUIREMENTS
change
"miscellaneous
disposal unit" to
"disposal
miscellaneous unit";
after "legal defense
costs" insert text
regarding
combination of per-
occurrence coverage
levels for sudden and
non-sudden
accidental
occurrences, single
annual aggregate
level, and
requirements for
combining coverage;
delete "in one of
three ways,"; replace
"and (3)" with "(3),
(4), (5), or (6),"
delete "corporate"
before "guarantee"
replace existing
paragraph;
requirements may be
met by obtaining
letter of credit for
liability coverage
replace existing
paragraph;
requirements may be
met by obtaining
surety bond for
liability coverage
RULE
REFERENCE
t51,93
t51
t51
t51
FEDERAL RCRA CITATION
.
264.147(b)
264.147(b)(2)
264.147(b)(3)
264.147(b)(4)
ANALOGOUS STATE
CITATION
STATE ANALOG IS.
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 7 of 30
CL113.14 - R«vi»d: 2/10/93
Printed. 3/28/94
-------
OSWER DIRECTIVE NO. 9541.00-2(
SPA "U
RCRA REVISION CHECKLIST 113: Consolidated Liability Requirements (cont'd)
FEDERAL REQUIREMENTS
t add new paragraph;
requirements may be
met by obtaining
trust fund for liability
coverage
t add new paragraph;
liability coverage may
be demonstrated by
combination of
mechanisms; amount
of coverage must
total at least the
minimum amount
required by 264.147;
specification of
"primary" and
"excess" coverage
2 add and amend new
paragraph; notify
Regional
Administrator in
writing whenever:
2 add and amend new
subparagraph; claims
reduce amount of
financial assurance
for liability coverage
2 add and amend new
subparagraph;
Certification of Valid
Claim for bodily injury
or property damages
caused by sudden or
non-sudden
accidental occurrence
is entered between
the owner or operator
and a third- party
claimant
RULE
REFERENCE
51
51
51,113
51,113
51,113
FEDERAL RCRA CITATION
264.147(b)(5)
264.1 47(b)(6)
264.147(b)(7)
264.147(b){7)(i)
264.147(b)(7){ii)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
•
BROA
IN SC
Page 8 of 30
CL113.14 -RaviMd: 21
Printed: 3/
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 113: Consolidated Liability Requirements (cont'd)
FEDERAL REQUIREMENTS
add new
subparagraph; final
court order
establishing judgment
for bodily injury or
property damage
caused by sudden or
non-sudden
accidental occurrence
is issued against the
owner or operator or
an instrument
providing financial
assurance
insert ", a letter of
credit, a surety bond.
a trust fund, or a
guarantee" after
"obtain insurance";
replace "Evidence of
insurance" with
"Evidence of liability
coverage"
remove "corporate"
before "guarantee"
RULE
REFERENCE
113
t113
t51
FEDERAL RCRA CITATION
264.1 47(b)(7)(iii)
264.147(f}(6)
264.147(g)
ANALOGOUS STATE
CITATION
STATE ANALOG IS.
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
•
BROADER
IN SCOPE
Page 9 of 30
CL113 14 • FW
2/10/93
Pmud 3,28/94
-------
OSWER DIRECTIVE NO. 9541.00-2
SPA 1.
RCRA REVISION CHECKLIST 113: Consolidated Liability Requirements (cont'd)
FEDERAL REQUIREMENTS
remove "corporate"
before "guarantee" in
three places; insert
"direct or higher-tier"
before "parent"; after
"parent corporation
of the owner or
operator" insert ", a
firm whose parent
corporation is also
the parent
corporation of the
owner or operator, or
a firm with a
'substantial business
relationship' with the
owner or operator.";
change "The
guarantee must
meet" to "The
guarantor must
meet"; change
"(f){7)" to "(f){6)";
add "of this part"
after " §
264.1 51 (h)(2)";
replace "The terms of
the corporate
guarantee must
provide that:" with
text regarding letter
from the guarantor's
chief financial officer
remove and reserve
remove "corporate"
before "guarantee"
remove "corporate"
before "guarantee"
RULE
REFERENCE
t51
t51
t51
t51
FEDERAL RCRA CITATION
264.147(g)(1)
264.147(g)(1)(ii)
264.147(g)(2)(i)
264.147(g)(2)(ii)
ANALOGOUS STATE
CITATION
1
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BRO/
IN S
Page 10 of 30
CL113.14 • n«»««d 21
PmMd 3J
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 113: Consolidated Liability Requirements (cont'd)
FEDERAL REQUIREMENTS
redesignate old
paragraph (h) as (k);
add new paragraph
titled "Letter of credit
for liability coverage"
5 requirements may be
satisfied by obtaining
irrevocable standby
letter of credit that
conforms to
264.147{h)
requirements and
submitting copy to
Regional
Administrator
t criteria for financial
institution issuing
letter of credit
t wording of letter of
credit must be
identical to wording
specified in
264.1 51 (k)
t establishment and
use of standby trust
fund by owner or
operator using letter
of credit
t wording of standby
trust fund must be
identical to wording
specified in
264.1 51 (n)
t add new paragraph
titled "Surety bond
for liability coverage"
RULE
REFERENCE
t51
51
51
51
113
113
51
FEDERAL RCRA CITATION
264.147(h)
264.147(h)(1)
264.147(h)(2)
264.147(h)(3)
264.147(h)(4)
264.147(h)(5)
264.1470)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
•.
Page 11 of 30
CL113.14 - R»viMd: 2/1O/93
Printed: 3/28/94
-------
OSWER DIRECTIVE NO. 9541.00-:
SPA 1
RCRA REVISION CHECKLIST 113: Consolidated Liability Requirements (cont'd)
FEDERAL REQUIREMENTS
t requirements may be
satisfied by obtaining
surety bond
conforming to
264.147(i)
requirements and
submitting copy to
Regional
Administrator
t criterion for surety
company issuing
bond
t wording of surety
bond must be
identical to wording
specified in
264.151(1)
t
conditions under
which surety bond
may be used
t add new paragraph
titled "Trust fund for
liability coverage"
t requirements may be
satisfied by
establishing trust
fund and submitting
an originally signed
duplicate of trust
agreement to
Regional
Administrator
t criteria for trustee
RUl£
REFERENCE
51
51
51
51
51
51
51
FEDERAL RCRA CITATION
264.147(i)(1)
264.147(i)(2)
264.147{i)(3)
264.147(i)(4)
264.147(i)(4)(i)
264.147(i)(4)(ii)
264.147(j)
264.147(j)(1)
264.147(j){2)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
•
BRC
IN £
Page 12 of 30
CL113.14-Revmd: 2/1'
Printed: 3/2
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 113: Consolidated Liability Requirements (cont'd)
—
FEDERAL REQUIREMENTS
trust fund must be
funded for full
amount of liability
coverage it is to
provide; requirements
if fund is reduced
below full amount;
definition of "full
amount"
wording of trust fund
must be identical to
wording specified in
264.1 51 (m)
old paragraph
264.147(h) becomes
264.147(k)
RULE
REFERENCE
51
51
t51
FEDERAL RCRA CITATION
264.147(j)(3)
264.1 47 (j)(4)
264.14700
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
,
•
BROADER
IN SCOPE
WORDING OF THE INSTRUMENTS
add text given at 53
FR 33952 to end of
"Financial Guarantee
Bond"
replace wording of
letter from chief
financial officer for
closure and/or post-
closure care with that
shown at 57 FR
42836 & 42837
replace wording of
letter from chief
financial officer for
liability coverage with
that shown at 57 FR
42837 & 42838
t51
t113
51,t113
264.15Kb)
264.1 51 (f)
264.151(g)
7,8
Page 13 of 30
CL113.14 - Rovnod. 2/10/93
Printed 3/28/94
-------
OSWER DIRECTIVE NO. 9541.00-
SPA
RCRA REVISION CHECKLIST 113: Consolidated Liability Requirements (cont'd)
FEDERAL REQUIREMENTS
replace wording of
corporate guarantee
for closure and/or
post-closure care
with that shown at
57 FR 42838 &
42839
replace wording of
guarantee for liability
coverage with that
shown at FR 42839
& 42840
after "insured" add
other entities that
may cancel
endorsement; delete
"sixty" before "60"
after "insured" add
other entities that
may cancel
endorsement; delete
"sixty" before "60"
add new introductory
subparagraph and
wording for letter of
credit for liability
coverage as shown at
57 FR 42840 &
42841
add new introductory
subparagraph and
wording for surety
bond as shown at 53
FR 33955 & 33956
RULE
REFERENCE
t113
t51,113
t51
t51
t51,113
t51
FEDERAL RCRA CITATION
264.1 51 (h)(1)
264.1 51 (h)(2)
264.1 51 (i)(2)(d)
264.1 51 (j)(2)(d)
264.1 51 (k)
264.151(1)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN- -
GENT
MORE
STRIN-
GENT
BRI
IN:
10
11
12
13
Page 14 of 30
CL113 14 -ReviMd. 2/1
Print*): 3/2
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 113: Consolidated Liability Requirements (cont'd)
FEDERAL REQUIREMENTS
add new introductory
subparagraph and
wording for trust
agreement as shown
at 53 FR 33956-
33958
add new introductory
subparagraph and
example of
certification of
acknowledgement as
shown at 53 FR
33958, third column
add new introductory
subparagraph and
wording for standby
trust agreement as
shown at 57 FR
42841-42843
add new introductory
subparagraph and
wording for
certification of
acknowledgement to
accompany trust
agreement, as shown
at 57 FR 42843, first
and second columns
RULE
REFERENCE
t51
51
113
113
FEDERAL RCRA CITATION
264.151(m)(1)
264.151 (m)(2)
264.151(n)(1)
264.1 51 (n)(2)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
t,14
t,15
PART 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS
WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SUBPART H - FINANCIAL REQUIREMENTS
DEFINITIONS OF TERMS AS USED IN THIS SUBPART
t,16 add new paragraph
defining "substantial
business relationship"
51
265.141(h)
Page 15 of 30
CL113.14 -Rawed 2/10/93
Printed. 3/28/94
-------
OSWER DIRECTIVE NO. 9541.00-2
SPA r
RCRA REVISION CHECKLIST 113: Consolidated Liability Requirements (cont'd)
FEDERAL REQUIREMENTS
RULE
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BRO/
INS!
FINANCIAL ASSURANCE FOR CLOSURE
remove "hereafter
referred to as
'corporate
guarantee'" from first
sentence; insert
"direct or higher-tier"
before "parent
corporation"; add
phrase regarding
sibling firms and
firms with substantial
business relationships
to end of second
sentence; remove
"corporate" before
"guarantee" in three
places; insert "A
certified copy of"
after
"§ 264.151{h).";
change "The" to
"the"; add text
regarding letter from
guarantor's chief
financial officer and
what the letter must
describe
t113
265.143(e)(10)
•
17
Page 16 of 30
CLl 13.14
RaviMd: 21
Printed: 3
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 113: Consolidated Liability Requirements (cont'd)
FEDERAL REQUIREMENTS
RULE
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
FINANCIAL ASSURANCE FOR POST-CLOSURE CARE
remove "hereafter
referred to as
'corporate
guarantee'" from first
sentence; insert
"direct or higher tier"
before "parent
corporation"; add
phrase regarding
sibling firms and
firms with substantial
business relationships
to end of second
sentence; remove
"corporate" before
"guarantee" in three
places; insert "A
certified copy of"
after " §
264.1 51 (h)."; change
"The" to "the"; add
text regarding letter
from guarantor's
chief financial officer
and what the letter
must describe
t113
265.145(e)(11)
18 LIABILITY REQUIREMENTS
delete "By the
effective date of
these regulations";
change "an" to "An";
delete "in one of
three ways,"; replace
"and (3)" with "(3),
(4), (5), or (6)"
t51
265.147(a)
Page 17 of 30
CL113.14 -Revised: 2/10/93
Printed: 3/28/94
-------
OSWER DIRECTIVE NO. 9541.00-2
SPA 1
RCRA REVISION CHECKLIST 113: Consolidated Liability Requirements (cont'd)
FEDERAL REQUIREMENTS
delete "corporate"
before "guarantee";
change "paragraph
(g)" to "paragraphs
(f) and (g)"
replace existing
paragraph;
requirements may be
met by obtaining
letter of credit for
liability coverage
t add new paragraph;
requirements may be
met by obtaining
surety bond for
liability coverage
t add new paragraph;
requirements may be
met by obtaining
trust fund for liability
coverage
t add new paragraph;
liability coverage may
be demonstrated by
combination of
mechanisms; amount
of coverage must
total at least the
minimum amounts
required by 265.147;
specification of
"primary" and
"excess" coverage
9 add new paragraph;
notify Regional
Administrator in
writing whenever:
RULE
REFERENCE
t51,93
t51
51
51
51
51,113
FEDERAL RCRA CITATION
265.147(a)(2)
265.147(aK3)
265.147(a)(4)
265.147(a)(5)
265.147(a)(6)
265.147(a)(7)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BRO
IN S
Page 18 of 30
CL113.14
21
Printed: 31
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 113: Consolidated Liability Requirements (cont'd)
FEDERAL REQUIREMENTS
1 9 add new
subparagraph; claims
reduce amount of
financial assurance
for liability coverage
1 9 Certification of Valid
Claim for bodily injury
or property damages
caused by sudden or
non-sudden
accidental occurrence
is entered between
the owner or operator
and a third- party
claimant
1 9 final court order
establishing judgment
for bodily injury or
property damage
caused by sudden or
non-sudden
accidental occurrence
is issued against the
owner or operator or
an instrument
providing financial
assurance
RULE
REFERENCE
51,113
51,113
113
FEDERAL RCRA CITATION
265.147(a)(7)(i)
265.147(a)(7)(ii)
265.147(a)(7)(iii)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 19 of 30
CL113 14
RcvMd 2/10/93
Pnm»d 3/28/94
-------
OSWER DIRECTIVE NO. 9541.00-21
SPA 1^
RCRA REVISION CHECKLIST 113: Consolidated Liability Requirements (cont'd)
/
FEDERAL REQUIREMENTS
change "bodily
damage" to "bodily
injury"; after "legal
defense costs." insert
text regarding
combination of per-
occurrence coverage
levels for sudden and
non-sudden
accidental
occurrences, single
annual aggregate
level, and
requirements for
combining coverage;
delete "in one of
three ways,"; replace
"and (3)" with "(3),
(4), (5), or (6)"
delete "corporate"
before "guarantee"
replace existing
paragraph;
requirements may be
met by obtaining
letter of credit for
liability coverage
replace existing
paragraph and
subparagraphs;
requirements may be
met by obtaining
surety bond for
liability coverage
RULE
REFERENCE*
t51
t51
t51
t51
FEDERAL RCRA CITATION
265.147(b)
265.147(b)(2)
265.147{b){3)
265.147{b)(4)
ANALOGOUS STATE
CITATION
\
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROA
IN SC
Page 20 of 30
CL113.14 -HcvMd 2/1C
Pnmwt 3/21
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 113: Consolidated Liability Requirements (cont'd)
FEDERAL REQUIREMENTS
20 replace existing
paragraph;
requirements may be
met by obtaining
trust fund for liability
coverage
t add new paragraph;
liability coverage may
be demonstrated by
combination of
mechanisms; amount
of coverage must
total at least the
minimum amount
required by 265.147;
specifying "primary"
and "excess"
coverage
1 9 add and amend new
paragraph; notify
Regional
Administrator in
writing whenever:
1 9 claims reduce amount
of financial assurance
for liability coverage
1 9 Certification of Valid
Claim for bodily injury
or property damages
caused by sudden or
non-sudden
accidental occurrence
is entered between
the owner or operator
and a third- party
claimant
RULE
REFERENCE
t51
51
51,113
51,113
51,113
FEDERAL RCRA CITATION
265.147(b)(5)
265.147(b)(6)
265.147(b)(7)
265.147(b)(7)(i)
265.147{b)(7Kii)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 21 of 30
CL113.14 - Revind: 2/10/93
Printed 3/28/94-
-------
OSWER DIRECTIVE NO. 9541.00-2
SPA 1
RCRA REVISION CHECKLIST 113: Consolidated Liability Requirements (cont'd)
FEDERAL REQUIREMENTS
add new
subparagraph; final
court order
establishing judgment
for bodily injury or
property damage
caused by sudden or
non-sudden
accidental occurrence
is issued against the
owner or operator or
an instrument
providing financial
assurance
insert ", a letter of
credit, a surety bond.
a trust fund, or a
guarantee" after
"obtain insurance";
replace "Evidence of
insurance" with
"Evidence of liability
coverage"
remove "corporate"
before "guarantee"
RULE
REFERENCE
113
T113
t51
FEDERAL RCRA CITATION
265.147(b)(7)(iii)
265.147(f)(6)
265.147(g)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BRO
IN S
19
Page 22 of 30
CL113.U -Revised: 2.
Printed: 3
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 113: Consolidated Liability Requirements (cont'd)
FEDERAL REQUIREMENTS
remove "corporate"
before "guarantee" in
three places; insert
"direct or higher-tier"
before "parent"; after
"parent corporation
of the owner or
operator" insert ", a
firm whose parent
corporation is also
the parent
corporation of the
owner or operator, or
a firm with a
'substantial business
relationship' with the
owner or operator";
change "(f){7)" to
"(f)(6)"; add "of this
chapter" after " §
264.1 51 (h)(2)";
replace "The terms of
the corporate
guarantee must
provide that:" with
text regarding letter
from the guarantor's
chief financial officer
remove and reserve
remove "corporate"
before "guarantee"
remove "corporate"
before "guarantee"
redesignate old
265.147(h) as
265. 147(k); add new
paragraph titled
"Letter of credit for
liability coverage"
RULE
REFERENCE
t51
t51
t51
t51
t51
FEDERAL RCRA CITATION
265.147{g)(1)
265.147(g)(1)(ii)
265.147(g)(2)(i)
265.147(g)(2)(ii)
265.147(h)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
,
BROADER
IN SCOPE
Page 23 of 30
CL113.14 -ReviMd: 2/10/93
Printed: 3/28/94
-------
OSWER DIRECTIVE NO. 9541.00-2(
SPA 1'
RCRA REVISION CHECKLIST 113: Consolidated Liability Requirements (cont'd)
FEDERAL REQUIREMENTS
t requirements may be
satisfied by obtaining
irrevocable standby
letter of credit that
conforms to
265.147{h)
requirements and
submitting copy to
Regional
Administrator
t criteria for financial
institution issuing
letter of credit
t wording of letter of
credit must be
identical to wording
specified in
264.1 5 1(k)
t establishment and
use of standby trust
fund by owner or
operator using letter
of credit
t wording of standby
trust fund must be
identical to wording
specified in
264.1 51 (n)
t add new paragraph
titled "Surety bond
for liability coverage"
RULE
REFERENCE
51
51
51
113
113
51
FEDERAL RCRA CITATION
265.147(h)(1)
265.147(h)(2)
265.147(h)(3)
265.147(h)(4)
265.147(h)(5)
265.147(1)
ANALOGOUS STATE
CITATION
•
STATE ANALOG IS: "
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BRCW
IN SC
Page 24 of 30
CL113.14 -ReviMd: 2f
Pnttted: 3/:
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 113: Consolidated Liability Requirements (cont'd)
FEDERAL REQUIREMENTS
t requirements may be
satisfied by obtaining
surety bond
conforming to
265.147(0
requirements and
submitting copy to
Regional
Administrator
t criterion for surety
company issuing
bond
1 wording of surety
bond must be
identical to wording
specified in
264.151(1)
t
conditions under
which surety bond
may be used
t add new paragraph
titled "Trust fund for
liability coverage"
t requirements may be
satisfied by
establishing trust
fund conforming to
265.147(j)
requirements and
submitting signed
duplicate of trust
agreement to
Regional
Administrator
t criteria for trustee
RULE
REFERENCE
51
51
51
51
51
51
51
FEDERAL RCRA CITATION
265.147(i)(1)
265.147(i)(2)
265.147(i)(3)
265.147(0(4)
265.147(i)(4)(i)
265.147(i)(4)(ii)
265.147(j)
265.147(j)(1)
265.147(j){2)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
•
Page 25 of 30
CL113.14 - Reviud 2/10/93
Primed: 3/28/94
-------
OSWER DIRECTIVE NO. 9541.00-J
SPA 1
RCRA REVISION CHECKLIST 113: Consolidated Liability Requirements (cont'd)
I
FEDERAL REQUIREMENTS
t trust fund must be
funded for full
amount of liability
coverage it is to
provide; requirements
if fund is reduced
below full amount;
definition of "full
amount"
t wording of trust fund
must be identical to
wording specified in
264.151(m)
former 265.147(h)
becomes 265.147(k)
RULE
REFERENCE
51
51
t51
FEDERAL RCRA CITATION
265.1 47 (j){3)
265.147{j)(4)
265.147(k)
ANALOGOUS STATE
CITATION
STATE ANALOG IS. '
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BRO
IN S
1 Note that there is an error in the Federal Register: "direct of higher tier" should be "direct or
higher tier."
2 The September 1, 1988 (53 FR 33938) rule added 264.147(a)(7) and (b)(7) to the code, an
the September 16, 1992 rule (57 FR 42832) revised them (including adding 264.147(a)(7)(i
and (b)(7)(iii)). Note that the preamble of the September 1, 1988 Federal Register incorrect
characterized these paragraphs as less stringent. The September 16, 1992 Federal Registe
clarified this issue by stating that, in fact, these paragraphs are more stringent because the
address an additional reporting requirement. The amendment made by the September 16,
1992 rule made these requirements less stringent than those introduced by the September
1988 rule. Thus, those States that adopted the more stringent September 1, 1988 provisit
are not required to adopt the amendments made by the September 16, 1992 rule, although
EPA urges them to do so. States that did not adopt the September 1, 1988 requirements <
264.147(a)(7) and (b)(7) should not do so but should adopt the clarified version promulgate
by the September 16, 1992 rule.
^ Revision Checklist 45 added the reference to miscellaneous units to the first sentence of tr
paragraph. When the September 1, 1988 rule revised this paragraph, the Revision Checkli:
45 change was inadvertently omitted. The July 1, 1991 rule restored the Revision Checkli
45 reference to miscellaneous units.
4 Note that only (g)(1 )(ii) is removed and reserved; (g)(1 Mi) remains as it was prior to the
September 1, 1988 final rule.
Page 26 of 30
CL113.14 - Reviud. 2
Printed. 3
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 113: Consolidated Liability Requirements (cont'd)
5 Note that there is an error in the Federal Register: "letter or credit" should be "letter of credit".
^ The changes addressed by Revision Checklist 113 at this citation are "conditionally optional"
because they are linked to whether a State chooses to adopt the Revision Checklist 113
optional changes at 264.143(f)(10), 264.143(f)(11), 265.143(e)(10) and 265.143(e)(11). If a
State chooses to adopt the optional changes at 264.143(f)(10), 264.143(f)(11),
265.143(e)(10) and 265.143(e)0 1), it must also adopt the changes at this citation. If the
State does not adopt those changes, it should not adopt the Revision Checklist 113 changes
at 264.151 (f).
7 The changes addressed by Revision Checklist ,113 at this citation are "conditionally optional"
because they are linked to whether a State chooses to adopt the Revision Checklist 113
optional changes at 264.147(f)(6) and 265.147(f)(6). If a State chooses to adopt the optional
changes at 264.147(f)(6) and 265.147(f){6), it must also adopt the changes at this citation.
If the State does not adopt those changes, it should not adopt the Revision Checklist 113
changes at 264.151 (g).
8 Note that there are several typographical errors in the Federal Register at 264.151 (g) as
indicated below:
Federal citation
264.151(g)
paragraph 4, line 5
264.151(g», item 3.,
line 8
264.1 5 1(g), Part A,
Alternative 1. 3
264.151(g), PartB,
Alternative II. 7., line
5
Federal Register
location
57 FR 42837,
column 3
57 FR 42838,
column 1
57 FR 42838,
column 1
57 FR 42838,
column 3
Error/Corrections
"..'nonsudden' of 'both sudden.."
read
"..'nonsudden' or 'both sudden.."
should
"subpart H or 40 CFR parts" should read
"subpart H of 40 CFR parts"
"Current $" should read
"Current liabilities $"
") $ " should be
") $
The changes addressed by Revision Checklist 113 at this citation are "conditionally optional"
because they are linked to whether a State chooses to adopt the Revision Checklist 113
optional changes at 264.147(h)(4), 264.147(h)(5), 265.147(h)(4) and 265.147(h)(5). If a
State chooses to adopt the optional changes at 264.147{h){4), 264.147(h)(5), 265.147(h)(4)
and 265.147(h)(5), it must also adopt the changes at this citation. If the State does not
adopt those changes, it should not adopt the Revision Checklist 113 changes at
264.151(h)(1).
Page 27 of 30
CL113.14-RaviMd: 2/10/93
Pnntod: 3/28/94
-------
OSWER DIRECTIVE NO. 9541.00-2
SPA 1
RCRA REVISION CHECKLIST 113: Consolidated Liability Requirements (cont'd)
10 Note that there are several typographical errors in the Federal Register at 264.151 (h)(2) as !
indicated below:
Federal citation
264.1 51 (h)(2), Guarantee
for Liability Coverage, line
15
264.1 51 (h)(2), Guarantee
for Liability Coverage, line
19
264.1 51 (h)(2). Certification
of Valid Claim, line 8
Federal Register
location
57 FR 42839,
column 3
57 FR 42839,
column 3
57 FR 42840,
column 2
E-rror/Correictions
"or which guarantor is" should read
"of which guarantor is"
"264.1 41 (h)]" should read
"264.1 41 (h) or265.141(h)r
insert "]" after "facility"
11 Note that there is a typographical error in the Federal Register: in line three of the revised te;
of (j)(2)(d) shown at 53 FR 33955, "corporation" should be "corporation".
12 Note that there are several typographical errors in the Federal Register at 264.151 (k) as
indicated below:
Federal citation
264.1 51 (k), Irrevocable
Standby Letter of Credit, line
26
264.1 51 (k), (2), 2nd
paragraph, lines 2 & 5
264.1 51 (k), (2), 4th paragraph,
line 7
Federal Register
location
57 FR 42840,
column 3
57 FR 42841,
column 1
57 FR 42841,
column 1
Error/Corrections
insert "]" after "trust fund:"
delete "]" in "[date]" in line 2
add "]" after "[date" in line 5
end paragraph with "]"
13 Note that there are several errors in the September 1, 1988 Federal Register. Explanatory
paragraph 10, as well as the actual text of the revised code, should read "(I)" rather than "(
(letter rather than number one). Also, the first sentence of the introductory text for the sur
bond should reference "§ 264.147(i) or § 265.147(0" rather than "§ 264.147(h) or §
265.147(h)".
14 Note that the introductory paragraph for 264.151 (m)(2) is not clearly distinguished from th<
preceding and following certifications. In the middle of the third column at 53 FR 33958, t
paragraph numbered (2) and ending with "of this acknowledgement." is the introductory
Page 28 of 30
CL113 14 - Revmd. 2/1
Pnmod: 3/:
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 113: Consolidated Liability Requirements (cont'd)
paragraph and should have been printed in the larger type size used for such paragraphs. The
example"of the certification begins "State of".
15 Note that there are several typographical errors in the Federal Register at 264.151 (n)(1) as
indicated below: :
Federal citation
264.1 51 (n)(1) Standby
Trust Agreement (e)(3)
Federal Register
location
57 FR 42841,
column 3
Error/Corrections
insert "to" after "Property loaned"
Note that the September 1, 1988 Federal Register incorrectly labels this paragraph
rather than "265.141".
264.141
17 Note that there is an error in the September 16, 1992 Federal Register. In the preamble text
at the bottom of the second column at 57 FR 42834, "265.143(e)(1 1)" should be
"265.143(e)(10)".
18 Note that an error which appears in the July 1, 1989, 1990 and 1991 CjFRs has only been
partially corrected in the July 1 , 1 992 CFR. The July 1 , 1 989, 1 990 and 1 991 CFRs
incorrectly omit 265.147(a)(1)(i)&(ii) and 265.147(b(1)(i)&(ii). The September 23, 1991
Federal Register (56 FR 47912) reinstated 265.147(a)(1)(i)&(ii) but erroneously did not
reinstate 265.147(bM1)(i)(&(ii). Thus, the July 1, 1 992 £FR omits 265.147(b)(1)(i)&(ii). A
technical correction will be published in the near future to correct this error. In the meantime,
States should include analogous requirements in their regulations.
19 The September 1, 1988 rule added 265.147(a)(7) and (b)(7) to the code, and the September
16, 1992 rule revised them (including adding 265.147(a)(7)(iii) and (b)(7)(iii}}. Note that the
preamble of the September 1 , 1 988 Federal Register incorrectly characterized these
paragraphs as less stringent. The September 16, 1992 Federal Register clarified this issue by
stating that, in fact, these paragraphs are more stringent because they address an additional
reporting requirement. The amendment made by the September 16, 1992 rule made these
requirements less stringent than those introduced by the September 1 , 1 988 rule. Thus,
those States that adopted the more stringent September 1 , 1 988 provisions are not required
to adopt the amendments made by the September 16, 1992 rule, although EPA urges them to
do so. States that did not adopt the September 1, 1988 requirements at 265.147(a)(7) and
(b)(7) should not do so but should adopt the clarified, less stringent version promulgated by
the September 16, 1992 rule.
20 The Federal Register for Revision Checklist 51 , in Item 3. in the first column at 53 FR 33959,
erroneously indicates that 265.147(b)(5) is a new paragraph to be added. In fact, this final
rule replaces the old 265.147(b)(5) with a new paragraph (b)(5).
Page 29 of 30
CL113 14 - FUviMd 2/10/93
Pnrttwf 3/28/94
-------
OSWER DIRECTIVE NO. 9541.00-2
SPA 1
RCRA REVISION CHECKLIST 113: Consolidated Liability Requirements (corit'd)
21 Note that there is a typographical error in the Federal Register: "264.151(1)" [number 1],
should be "264.1.51 (I)" [letter I].
i ' CL113.14 - n*,m*a 21'
Page 30 of 30 pnm^ 3/
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
Revision Checklist 114 Summary
Rule Title: Burning of Hazardous Waste in Boilers and Industrial Furnaces
Checklist Title: Burning of Hazardous Waste in Boilers and Industrial Furnaces;
Technical Amendment IV
Reference: 57 FR 44999-45001
Promulgation Date: September 30, 1992
Effective Dates: • The effective dates, August 21, 1991 for 56 FR 42504 and
August 11, 1992 for 57 FR 38558, remain unchanged
• August 21, 1991 for reinstatement and correction of
266.103(c)(1) and (3)
• August 11, 1992 for technical corrections to 57 FR 38558
Cluster: RCRA III
Provision Type: HSWA
Linkage: Revision Checklists 85, 94, 96 and 111
Optional: No
Summary: Due to an administrative error, the amendatory instructions in the August 27,
1991 final rule (56 FR 42504; Revision Checklist 96) resulted in the removal of
266.103(0(1 )(i) through (xiii) and 266.103(c)(3)(ii) and (iii) from the 1992 edition of 40CFR.
This rule clarifies that these paragraphs remain in effect and are regarded by EPA to have been
in effect continuously in the form published in the 1991 CFR and as subsequently amended
by the August 25, 1992 final rule (57 FR 38558; Revision Checklist 111). This rule also
corrects errors introduced into the code by the August 25, 1992 final rule (57 FR 38558;
Revision Checklist 111) and makes minor technical corrections to the portions of 266.103
that are reinstated.
State Authorization: This rule is placed in RCRA Cluster III. The State modification deadline
is July 1, 1994 (or July 1, 1995 if a State statutory change is necessary). All changes go
into effect immediately, because this rule was promulgated under HSWA authorities. Both
interim and final authorization are available, with the former expiring on January 1, 2003. The
State Revision Application must include applicable regulations, an AG statement addendum.
Revision Checklist 114, other associated checklists and other application materials, i.e., a
program description and an MOA, as determined by the Regional office.
Attorney General's Statement Entry: The following entry should replace the entry at
Subsection XX C in the Model Revision Attorney General's Statement.
C. State statutes and regulations include control standards for
emissions of toxic organic compounds, toxic metals, hydrogen chloride, chlorine
gas and particulate matter from boilers and industrial furnaces burning
hazardous waste, and require owners and operators of such facilities to comply
with the general facility standards applicable to hazardous waste treatment,
storage and disposal facilities, as indicated in Revision Checklists 85, 94, 96,
111, and 114. Hazardous waste storage units at regulated burners are subject
to the 40 CFR Part 264 requirements.
SUM114.14-7/28/93
(Printed: 3/28/94)
-------
OSWER DIRECTIVE NO. 9541.OO-2O
SPA 14
Revision Checklist 114 Summary (cont'd)
Federal Authority: RCRA §§1006,2002,3001 through 3007,3010 and 7004;
40 CFR 260.10, 260.11,260.20,261.3, 261.6, 264.1,264.112, 264.340,
265.1, 265.112, 265.113, 265.340, 265.370, Part 266 Subpart K, and Part
266 Appendices I-X as amended February 21, 1991 (56 FR 7134), July 17,
1991 (56 FR 32688), August 27, 1991 (56 FR 42504), August 25, 1992 (57
FR 38558), and September 30, 1992 (57 FR 44999).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
SUM 114.14-7/28/93
[Printed: 3/28/94!
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OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 114
Burning of Hazardous Waste in
Boilers and Industrial Furnaces; Technical Amendment IV
57 FR 44999-45001
September 30, 1992
(RCRA Cluster III, HSWA provisions)
Notes: 1) The notice addressed by this checklist makes several technical amendments to the
final rules addressed by Revision Checklist 85 (56 FR 7134; February 21, 1991), Revision
Checklist 94 (56 FR 32688; July 17, 1991), Revision Checklist 96 (56 FR 42504; August 27,
1991), and Revision Checklist 111 (57 FR 38558; August 25, 1992). These revisions provide
clarification and correct unintended consequences of the Boilers and Industrial Furnaces (BIF) rule
and its previous corrections.
2) Due to an administrative error, the amendatory instructions in the August 27, 1991 final rule
(56 FR 42504; Revision Checklist 96) resulted in the removal of 266.103(c)(1)(i) through (xiii)
and 266.103(c)(3)(ii) and (iii) from the 1992 edition of 40 CFR. This present rule clarifies that
these paragraphs remain in effect and are regarded by EPA to have been in effect continuously in
the form published in the 1991 CFR and as subsequently amended by the August 25, 1992 final
rule (57 FR 38558; Revision Checklist 111). Note that Revision Checklist 96 did not include the
erroneous removal of these paragraphs; therefore this checklist includes only the technical
corrections that were made in reprinting the reinstated text.
3) In reprinting the text that was erroneously removed, several changes were inadvertently
made. States need not make these changes in their code. Such changes include:
• At 266.103(c)(1)(ii)(B) and numerous other citations, "adjusted" was changed to
"Adjusted"; States may make this change if desired;
• At 266.103{c)(1)(ix), "the" was deleted before "Tier I"; States may make this
change if desired;
• At 266.103(c)(1)(ix)(A), "ratio" was incorrectly changed to "ration"; States should
not make this change;
• At 266.103(c)(1)(xiii), "metals" was incorrectly changed to "metal"; States should
not make this change; and
• At 266.103(c)(3)(i), "on-site" was incorrectly changed to "onsite"; States should
not make this change.
4) States that are not authorized for Revision Checklists 85, 94, 96 and 111 are strongly
encouraged to adopt these present technical corrections at the same time the requirements
addressed by Revision Checklists 85, 94, 96 and 111 are adopted. States already authorized for
the provisions addressed by Revision Checklists 85, 94, 96 and 111 should adopt these present
technical corrections as soon as possible. An updated Consolidated Boilers and Industrial
Furnaces Checklist, which includes this checklist, should be available shortly,
_ . _.. „_.__ „ ' „ , „ CL114.14 -HaviMd: 7/28/93
September 30, 1992 - Page 1 of 3 FT,*.* 3/28/94
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OSWER DIRECTIVE NO. 9541.00-2
SPA 1
RCRA REVISION CHECKLIST 114: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
i
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE CITATION
\
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
PART 266 - STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND
SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES
SUBPART H - HAZARDOUS WASTE BURNED IN BOILERS AND INDUSTRIAL FURNACES
INTERIM STATUS STANDARDS FOR BURNERS
1 change
"266.1 03{a)(5)(l)(D)"
to
"266.103(a)(5)(i)(D)"
2 insert ")" after "(e)"
2 replace "." with ";"
2 replace "." with ";"
delete "," after
"injection"; insert "or"
after the first "Tier I"
insert "and the total
chlorine and chloride
feed rate screening
limits under
§ 266.107(b) or(e)"
after "266.106(b) or
(e)"
change ";" to ":"
change ":" to ";"
266.103(c)(1)
266.103(c)(1){ii)(C)
266. 103(c)(1 Mill)
266.103(c)(1){vi)
266.103(c)(1)(vii)
266.103(c)(1)(viii)
266.103(c)(1)(xi)
266.103(c)(1)(xi)(B)
APPENDIX IX TO PART 266
METHODS MANUAL FOR COMPLIANCE WITH BIF REGULATIONS
2 change "g/m3" to
Vg/m3"
2 change "g/m3" to
"//g/m3"
Appendix IX/Section
5.0, Table 5.0-4
Appendix IX/Section
5.0, Table 5.0-5
1 This rule corrects an error in the August 25, 1992 rule (57 FR 38558, Revision Checklist 11
that changed this internal reference from "266.103(a)(5)(i)(D)" (which was correct) to
September 30, 1992 - Page 2 of 3
CL114.14 - Revwod: 71
Printed: 3)
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OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 114: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) :
"266.103(a)(5)(l)(D)" (which is incorrect). Revision Checklist 96 reflected the correct internal
reference.
2 This rule corrects an error in the August 25, 1992 rule (57 FR 38558, Revision Checklist 111).
«. . ^-. ~~~ ~ ~ , ~ CL114.14-R»v»«d. 7/28/93
September 30, 1992 - Page 3 of 3 Prim* 3/28/94
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OSWER DIRECTIVE NO. 9541.00-20
SPA 14
Revision Checklist 115 Summary
Rule Title: Hazardous Waste Management System: Identification and
Listing of Hazardous Waste and CERCLA Hazardous Substance
Designation; Reportable Quantity Adjustment, Chlorinated
Toluenes Production Wastes
Checklist Title: Chlorinated Toluenes Production Waste Listing
Reference: 57 FR 47376-47386
Promulgation Date: October 15, 1992
Effective Date: April 15, 1993
Cluster: RCRA Cluster III
Provision Type: HSWA
Linkage: None
Optional: No
Summary: This rule adds to the list of hazardous wastes from specific sources three wastes
(K149, K150 and K151) generated during the production of alpha- (or methyl-) chlorinated
toluenes, ring chlorinated toluenes, benzoyl chlorides, and compounds with mixtures of these
functional groups, collectively referred to in this rule as "chlorinated toluenes." Part 261,
Appendix VII is also amended.
State Authorization: This rule is placed in RCRA Cluster III. The State modification deadline'
is July 1, 1994 (or July 1, 1995 if a State statutory change is necessary). All changes go
into effect immediately, because this rule was promulgated under HSWA authorities. Both
interim and final authorization are available, with the former expiring on January 1,2003. The
State Revision Application must include applicable regulations, an AG statement addendum,
Revision Checklist 115, other associated checklists and other application materials, i.e., a
program description and an MOA, as determined by the Regional office.
Attorney General's Statement Entry: The following entry should be placed at Subsection I
A(24) in the Model Revision Attorney General's Statement.
(24) Listing of three wastes (K149, K150, and K151) from the
production of chlorinated toluenes, 40 CFR 261.32 and Part 261
Appendix VII, as amended October 15, 1992 [57 FR 47376],
Revision Checklist 115.
[Note this entry does not need the sections titled "Federal Authority", "Citation of Laws and
Regulations; Date of Enactment and Adoption", and "Remarks of the Attorney General",
because there is a general statement of these for the entries under Subsection I A.]
SUM 115.14-7/28/93
[Printed: 3/28/94]
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OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 115
Chlorinated Toluenes Production Waste Listing
57 FR 47376-47386
October 15, 1992
(RCRA Cluster III, HSWA provisions)
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
PART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
SUBPART D--LISTS OF HAZARDOUS WASTES
HAZARDOUS WASTES FROM SPECIFIC SOURCES
1 add waste streams in
alphanumeric order to
the subgroup "Organic
Chemicals" in the table
261.32
Industry and EPA
hazardous waste
No.
Hazardous waste
Hazard
code
K149
K150
K151
Distillation bottoms from the production of alpha- (or methyl-) chlorinated toluenes, ring- (T)
chlorinated toluenes, benzoyl chlorides, and compounds with mixtures of these functional
groups. (This waste does not include still bottoms from the distillation of benzyl chloride.)
Organic residuals, excluding spent carbon adsorbent, from the spent chlorine gas and (T)
hydrochloric acid recovery processes associated with the production of alpha- (or methyl-)
chlorinated toluenes, ring-chlorinated toluenes, benzoyl chlorides, and compounds with
mixtures of these functional groups.
Wastewater treatment sludges, excluding neutralization and biological sludges, generated (T)
during the treatment of wastewaters from the production of alpha- (or methyl-) chlorinated
toluenes, ring-chlorinated toluenes, benzoyl chlorides, and compounds with mixtures of
these functional groups.
APPENDIX VII TO PART 261
BASIS FOR LISTING HAZARDOUS WASTE
add entries in alpha-
numeric order
Appendix VII
October 15, 1992 - Page 1 of 2
CL115 14
7/28/93
PmtwJ 3/28/94
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OSWER DIRECTIVE NO. 9541.00-21
SPA 1<
RCRA REVISION CHECKLIST 115:
Chlorinated Toluenes Production Waste Listing (cont-'d)
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE CITATION
1
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
EPA
hazardous
waste No.
Hazardous constituents for which listed
K149 Benzotrichloride, benzyl chloride, chloroform, chloromethane, chlorobenzene, 1,4-dichlorobenzene,
hexachlorobenzene, pentachlorobenzene, 1,2,4,5-tetrachlorobenzene, toluene.
.K150 Carbon tetrachloride, chloroform, chloromethane, 1,4-dichlorobenzene, hexachlorobenzene, pentachlorobenzene,
1,2,4,5-tetrachlorobenzene, 1,1,2,2-tetrachloroethane, tetrachloroethylene, 1,2,4-trichlorobenzene.
K151 Benzene, carbon tetrachloride, chloroform, hexachlorobenzene, pentachlorobenzene, toluene, 1,2,4,5-
tetrachlorobenzene, tetrachloroethylene.
In the Federal Register's hazardous waste description for K149, there is a comma after
"groups" rather than the correct period, and there appears to be an extra period after
"chloride.)". States are advised to use a period after "groups" and omit the period after the
closing parenthesis, as shown on this checklist.
October 15, 1992 - Page 2 of 2
CL115 14 -RcvMd 7;;
Pnm*d 3/:
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OSWER DIRECTIVE NO. 9541.00-20
SPA 14
Revision Checklist 116 Summary
Rule Title: Hazardous Waste Management System: Land Disposal
Restrictions
Checklist Title: Hazardous Soil Case-by-Case Capacity Variance
Reference: 57 FR 47772-47776
Promulgation Date: October 20, 1992
Effective Date: October 13, 1992
Cluster: RCRA Cluster III
Provision Type: HSWA
Linkage: Revision Checklists 78, 83, 103, 106 and 123
Optional: No
Summary: On June 1, 1990 (55 FR 22520; Revision Checklist 78), EPA promulgated a final
rule establishing prohibitions and treatment standards for Third Third wastes. Because of a
lack of treatment capacity, EPA granted a two-year national capacity variance for those
hazardous soils whose best demonstrated available technology (BOAT) was incineration,
retorting, or vitrification, as well as for soils contaminated with radioactive mixed waste. As
such, these wastes are prohibited from land disposal on May 8, 1992, unless the treatment
standards are met. This October 20, 1992 rule provides, under 40 CFR 268.5, a one-year
extension of the Land Disposal Restrictions (LDR) effective date for this same set of hazardous
waste contaminated soils. The action is taken because EPA recognizes that owners and'
operators of treatment, storage and disposal facilities will have difficulty in obtaining
treatment capacity that meets the existing treatment standards by May 8, 1992, when this
national capacity variance expires. No further applications will be required at this time from
persons granted an extension by this action. Specific recordkeeping and other requirements
must be followed to qualify for this extension. Certain clarifications are also made to the
amendatory language promulgated on June 26,1992 (57 FR 28628; Revision Checklist 106)
in connection with a similar extension for contaminated debris. These changes do not alter
that extension and are intended solely to clarify the Agency's original extension. Note that
a May 24, 1993 rule (58 FR 28506; Revision Checklist 123) amends the case-by-case
extension for contaminated soils by clarifying that the extension granted on October 20,1992
applied only to soils regulated under the Third Third Land Disposal Restriction rule.
State Authorization: This rule is placed in RCRA Cluster III. The State modification deadline
is July 1, 1994 (or July 1, 1995 if a State statutory change is necessary). All changes go
into effect immediately because this rule was promulgated under HSWA authorities. Both
interim and final authorization are available, with the former expiring on January 1,2003. The
State Revision Application must include applicable regulations, an AG statement addendum.
Revision Checklist 116, other associated checklists and other application materials, i.e., a
program description and an MOA, as determined by the Regional office.
Attorney General's Statement Entry: The following entry should replace the entry at
Subsection XXI I in the Model Revision Attorney General's Statement.
SUM! 16.14-7/28/93
[Printed: 3/28/941
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OSWER DIRECTIVE NO. 9541.00-20
SPA 14
Revision Checklist 116 Summary (cont'd) '
I. State statutes and regulations provide an extension of the land
disposal restriction effective date for hazardous waste debris until May 8,
1993, as indicated in Revision Checklists 103 and 116.
Federal Authority: RCRA §3004(h)(3); 40 CFR 268.35(cHe) as amended May
15, 1992 (57 FR 20766); and October 20, 1992 (57 Ffi 47772).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
The following entry should be inserted at Subsection XXI N of the Model Revision Attorney
General's Statement:
N. State statutes and regulations provide a case-by-case extension
of the land disposal effective date until May 8, 1993 for Third Third hazardous
soils whose best demonstrated available technology (BOAT) was incineration,
retorting or vitrification, as well as for Third Third soils contaminated with
radioactive mixed waste as indicated in Revision Checklist 116.
Federal Authority: RCRA §3004(h)(3); 40 CFR 268.35(c)-(e) as amended
October 20, 1992 (57 FR 47772).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
SUM 116.14-7/28/93
[Printed: 3/28/94]
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OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 116
Hazardous Soil Case-By-Case Capacity Variance
57 FR 47772-47776
October 20, 1992
(RCRA Cluster III, HSWA provisions)
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
PART 268 - LAND DISPOSAL RESTRICTIONS
SUBPART C - PROHIBITIONS ON LAND DISPOSAL
WASTE SPECIFIC PROHIBITIONS-THIRD THIRD WASTES
delete "inorganic solid
debris as defined in 40
CFR 268.2(g) (which
also applies to
chromium refractory
bricks carrying the
EPA Hazardous Waste
Numbers K048-
K052);"
delete ", and soil or
debris contaminated
with hazardous wastes
listed in 40 CFR
268.10, 268. 11, and
268.12 that are mixed
radioactive/hazardous
wastes,"; after
"prohibited from land
disposal" add
" , except as provided
in paragraph (e) of this
section"
268.35(c)
268.35(d)
October 20, 1992 - Page 1 of 3
CL116.14 - Ravind 7/28/93
Printed: 3/28/94
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OSWER DIRECTIVE NO. 9541.00-
SPA
RCRA REVISION CHECKLIST 11 6:
Hazardous Soil Case-by-Case Capacity Variance (corit'd)
FEDERAL REQUIREMENTS
old 268.35(e)
becomes 268.35{e)(1);
new paragraph states
"Subject to applicable
prohibitions in
§§ 268.30, 268.31,
and 268.32,
contaminated soil and
debris are prohibited
from land disposal as
follows:"
former 268.35(e) with
these changes: add
"(including such
wastes that are mixed
radioactive hazardous
wastes)" between
"268.12" and
", debris"; replace "are
established in subpart
D of this part" with
"established in subpart
D of this part
(including such wastes
that are mixed
radioactive hazardous
wastes)"
FEDERAL RCRA CITATION
268.35(e>
268.35(e)(1)
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
*
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
|
'
October 20, 1992 - Page 2 of 3
CL116.14 - Ravfead: 7/28/
Printed: 3I2BI
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OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 116:
Hazardous Soil Case-by-Case Capacity Variance (cont'd)
FEDERAL REQUIREMENTS
effective May 8,
1993, hazardous soil
having treatment
standards in 268
Subpart D based on
incineration, mercury
retorting or
vitrification, and soils
contaminated with
hazardous wastes
listed in 40 CFR
268.10, 268.11 and
268.12 that are mixed
radioactive hazardous
wastes, are prohibited
from land disposal
FEDERAL RCRA CITATION
268.35(e)(2)
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
October 20, 1992 - Page 3 of 3
CL116.U-Rov»od: 7/28/93
Printed: 3/28/94
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OSWER DIRECTIVE NO. 9541.00-20
SPA 14
Revision Checklist 117 A Summary
Rule Title: This rule consolidates the changes made by the following three
rules:
• "Mixture" and "Derived-From" Rules; Response to
Court Remand
• "Mixture" and "Derived-From" Rules; Technical
Correction
• "Mixture" and "Derived-From" Rules; Final Rule
Checklist Title: Reissuance of the Mixture and Derived-From Rules
Reference: 57 FR 7628-7633, 57 FR 23062-23063, and 57 FR 49278-
49279
Promulgation Date: March 3, 1992; June 1, 1992; and October 30, 1992
Effective Date: February 18, 1992; June 1, 1992; and October 20, 1992
Cluster: RCRA Cluster III
Provision Type: Non-HSWA/HSWA
Linkage: None
Optional: Yes
Summary: On December 6, 1991, a panel of the U.S. Court of Appeals for the District of
Columbia Circuit ruled that EPA had failed to give sufficient notice and opportunity for
comment in promulgating the "mixture" and "derived-from" rules. The court remanded them
to the agency and suggested EPA reinstate the rules on an interim basis and solicit comment.
The March 3, 1992 interim final rule simultaneously removed and reissued 40 CFR 261.3.
The interim final rule was amended by the technical correction on June 1, 1992 (57 FR
23062). An October 30, 1992 (57 FR 49278) final rule removed the April 28, 1993
expiration date of the March 3, 1992 (57 FR 7628) interim final rule. EPA intends to
promulgate revisions to the mixture and derived-from rules within 12-24 months of the
October 30, 1992 final rule.
Revision Checklist 117 A is an optional checklist and was developed for those States who feel
it necessary to adopt the reissued mixture and derived-from rule promulgated on March 3,
1992 (57 FR 7628), and subsequently amended on June 1, 1992 (57 FR 23062), and on
October 30, 1992 (57 FR 49278). This checklist consolidates all these rules into one
checklist except for a change made to 261.3(a)(2)(i) by the June 1, 1993 rule. That change
is addressed by a separate checklist because it corrects an omission made by the Toxicity
Characteristic rule by replacing "Extraction Procedure Toxicity Characteristics" to "Toxicity
Characteristic" in 261.3(a)(2)(i). This change makes the code more stringent and is,
therefore, a required change.
State Authorization: This rule is placed in RCRA Cluster III. According to the due date for the
last rule (the October 20, 1992 rule) addressed by Revision Checklist 117 A, the State
modification deadline is July 1, 1994 (or July 1, 1995, if a State statutory change is
necessary). The "mixture" and "derived-from" rules predate HSWA authority and are,
therefore, non-HSWA requirements. However, certain changes made to 261.3 were made
by HSWA authority, in particular the addition of 261.3(c)(2)(ii)(C), which was mistakenly left
out of the March 3, 1992, reissuance of 261.3 and re-added by the June 1, 1992 technical
SUM 117A.14 -3/28/94
[Printed- 3/28/941
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OSWER DIRECTIVE NO. 9541.00-20
SPA 14
Revision Checklist 117 A Summary (cont'd)
corrections. This is an optional checklist. For those States that choose to adopt it, the State
Revision Application must include applicable regulations, AG statement addendum. Revision
Checklist 117 A, other associated checklists and other application materials, i.e. a program
description and an MOA, as determined by the Regional office.
Attorney General's Statement Entry: The following entry should be placed at Subsection I Z
in the Model Revision Attorney General's Statement.
Z. [OPTIONAL: This is a reduced requirement.] State statutes and
regulations contain reissued mixture and derived-from rules as indicated in
Revision Checklist 117 A.
Federal Authority: RCRA §§1006, 2002(a), and 3001-3005; 40 CFR 261.3,
as amended March 3, 1992 (57 FR 7628), June 1, 1992 (57 FR 23062) and
October 30, 1992 (57 FR 49278).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
SUM117A.14-3/28/94
(Primed 3/28/94)
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OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 117 A
Reissuance of the "Mixture" and "Derived-From" Rules
57 FR 7628-7633
March 3, 1992
as amended on June 1, 1992 at 57 FR 23062-23063
and on October 30, 1992 at 57 FR 49278-49279
(RCRA Cluster III, HSWA provisions)
Note: 1) This optional checklist has been developed for those States who feel it necessary to
adopt the reissued "mixture" and "derived-from" rule promulgated on March 3, 1992 (57 FR
7628), and subsequently amended on June 1, 1992 (57 FR 23062), and on October 30, 1992
(57 FR 49278). This checklist consolidates these rules into one checklist except for a change
made to 261.3(a)(2)(i) by the June 1, 1992 rule. That change is addressed by a separate
checklist (Revision Checklist 117 B) because it corrects an omission made by the Toxicity
Characteristic rule by replacing "Extraction Procedure Toxicity Characteristics" with "Toxicity
Characteristic" in 261.3(a)(2)(i). This change makes the code more stringent and is, therefore,
required.
2) The "mixture" and "derived-from" rules were reissued because the U.S. Court of Appeals for
the District of Columbia Circuit in Shell Oil Company v. EPA, 950 F.2d 741 DC Cir. 1991,
determined that adequate notice and comment had not been provided at initial promulgation of
the "mixture" and "derived-from" rules, remanded them to the agency, and suggested EPA
reinstate the rules on an interim basis and solicit comment. The March 3, 1992 interim final.rule
simultaneously removed and reissued 40 CFR 261.3. The October 30, 1992 (57 FR 49278) final
rule removes the April 28, 1993 expiration date of the March 3, 1992 (57 FR 7628) interim final
rule. EPA intends to promulgate revisions to the "mixture" and "derived-from" rules within 12-24
months of the October 30, 1992 final rule.
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
PART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
SUBPART A - GENERAL
t DEFINITION OF HAZARDOUS WASTE
a solid waste as
defined in 261.2 is a
hazardous waste if:
it is not excluded
under 261.4(b)
it meets any of the
following criteria:
261. 3(a)
261.3(a)(1)
261.3(a)(2)
*.
March 3, 1992 - Page 1 of 8
CL117A 14 - Ravmd 7/28/93
Pnntod 3/28/94
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OSWER DIRECTIVE NO. 9541.00-2
SPA 1
RCRA REVISION CHECKLIST 117 A:
Mixture and Derived-From Rules Reissuarice (cont'd)
FEDERAL REQUIREMENTS
it exhibits any of the
261 subpart C
characteristics of
hazardous waste with
exceptions for specific
mixtures; mixture is
hazardous waste if it
exceeds the maximum
concentration for any
26 1.24 table 1
contaminant in specific
circumstances
it is listed in 261
subpart D and has not
been excluded from
those listings by use
of the procedures of
260.20 and 260.22
it is a mixture of solid
waste and a hazardous
waste listed in 261
subpart D solely
because it exhibits one
or more 261 subpart C
characteristics of
hazardous waste;
exceptions
FEDERAL RCRA CITATION
261.3(a)(2){i)
261.3(a)(2)(ii)
261.3(a)(2)(iii)
ANALOGOUS STATE CITATION
STATE ANALOG IS: '
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
A
\
March 3, 1992 - Page 2 of 8
CL117A.14 •
Ftovmd: 7/2
Printed: 3/2
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OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 117 A:
Mixture and Derived-From Rules Reissuance (cont'd)
FEDERAL REQUIREMENTS
it is a mixture of solid
waste and one or more
hazardous wastes
listed in 261 subpart 0
and has not been
excluded from listings
by use of the
procedures of 260.20
and 260.22; mixture is
not hazardous waste if
the generator can
demonstrate mixture is
wastewater regulated
under § 402 or
§ 307(b) of the Clean
Water Act and:
solvent carbon
tetrachloride,
tetrachloroethylene,
and/or
trichloroethylene if
maximum total weekly
usage divided by
average weekly flow
into the headworks of
the facility's treatment
or pretreatment
system is _<_1 ppm; or
one or more of
specified spent
solvents if maximum
total weekly usage
divided by average
weekly flow into the
headworks of the
facility's treatment or
pretreatment system is
<25 ppm; or
FEDERAL RCRA CITATION
261.3(a)(2)(iv)
261.3(aH2)(iv)(A)
261.3(a)(2)(iv)(B)
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
March 3, 1992 - Page 3 of 8
CL117A.14 -HaviMd- 7/28/93
Printed 3/28/94
-------
OSWER DIRECTIVE NO. 9541.00-2
SPA 1
RCRA REVISION CHECKLIST 117 A:
Mixture and Derived-From.Rules Reissuance (cont'd)
I
FEDERAL REQUIREMENTS
heat exchanger bundle
cleaning sludge from
the petroleum refining
industry (EPA
Hazardous Waste No.
K050); or
a discarded
commercial chemical
product or chemical
intermediate listed in
261 .33 arising from de
minimi's losses from
manufacturing
operations in which
these materials are
used as raw materials
or are produced in the
manufacturing
process; examples of
de minimi's losses; or
FEDERAL RCRA CITATION
261.3(a)(2)(iv)(C)
261.3(a)(2)(iv)(D)
ANALOGOUS STATE CITATION
-
(
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
•
|
\
March 3, 1992 - Page 4 of 8
CL117A.14
R»vmd: 7/26
Printed: 3121
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 117 A:
Mixture and Derived-From Rules Reissuance (cont'd)
FEDERAL REQUIREMENTS
wastewater resulting
from laboratory
operations containing
261 subpart D toxic
wastes provided the
annualized average
flow of laboratory
wastewater .<.! % of
total wastewater flow
into the headworks of
the facility's
wastewater treatment
or pretreatment
system or the
combined annualized
average concentration
is .<.! ppm in the
headworks of the
facility's wastewater
treatment or
pretreatment facility;
demonstrated
laboratory toxic
wastes not discharged
to wastewater are not
included in the
calculation
a solid waste not
excluded under
261.3(a)(1) becomes a
hazardous waste
when:
the waste first meets
the 261 subpart D
listing description
a 261 subpart D
hazardous waste is
first added to a solid
waste
FEDERAL RCRA CITATION
261.3(a)(2)(iv)(E)
261. 3(b)
261.3(b)(1)
261.3(b)(2)
ANALOGOUS STATE CITATION
V
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
March 3, 1992 - Page 5 of 8
CL117A 14
Printed
7/28/93
3/28/94
-------
OSWER DIRECTIVE NO. 9541.00-2
SPA 1
RCRA REVISION CHECKLIST 117 A:
Mixture and Derived-From Rules Reissuarice (cont'd)
FEDERAL REQUIREMENTS
the waste exhibits any
261 subpart C
characteristic
unless and until it
meets the criteria of
261. 3(d):
hazardous waste
remains hazardous
waste
except as provided by
261.3(c)(2)(ii), any
solid waste generated
from the treatment.
storage, or disposal of
hazardous waste is a
hazardous waste;
exception for materials
reclaimed from solid
waste and used
beneficially unless
burned for energy
recovery or used in a
manner constituting
disposal
the following solid
wastes generated from
the treatment, storage
or disposal of a
hazardous waste are
not hazardous unless
they exhibit one or
more characteristics of
a hazardous waste:
waste pickle liquor
sludge generated by
lime stabilization of
spent pickle liquor
from the iron and steel
industry
FEDERAL RCRA CITATION
261.3(b)(3)
261. 3(c)
261.3{c)(1)
261.3(c)(2)(i)
261.3(c)(2)(ii)
261.3{c)(2)(ii)(A)
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
i
March 3, 1992 - Page 6 of 8
CLll7A 14 - Ravwd: 7/2
Printed 3/2
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 117 A:
Mixture and Derived-From Rules Reissuance (cont'd)
FEDERAL REQUIREMENTS
1 waste from burning
any of the materials
exempted by
§ 261.6(a)(3Mv)-(viii)
2 nonwastewater
residues, such as
slags, resulting from
high temperature
metals recovery
processing of K061
waste; generic
exclusion levels;
testing requirement;
notification and
certification
requirements for each
shipment of certain
K061 HTMR residues
sent to a subtitle D
unit
any solid waste
described in 261. 3(c)
is not a hazardous
waste if it meets the
following criteria:
3 if a solid waste, it
does not exhibit any of
the 261 subpart C
criteria; such wastes
that exhibit a
characteristic at the
point of generation
may still be subject to
part 268
FEDERAL RCRA CITATION
261.3(c)(2)(ii)(B)
261.3(c)(2)(ii)(C)
261. 3(d)
261.3(d)(1)
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
•
March 3, 1992 - Page 7 of 8
CL117A.14 -Revimd: 7/28/93
Prmt*d: 3/28/94
-------
OSWER DIRECTIVE NO. 9541.00-2
SPA1
RCRA REVISION CHECKLIST 117 A:
Mixture and Derived-From Rules Reissuance (cont'd)
FEDERAL REQUIREMENTS
if a waste listed in 261
subpart D, containing
a 261 subpart D waste
or derived from a 261
subpart D waste, it
has also been excluded
from 261.3{c) by use
of the procedures of
260.20 and 260.22
FEDERAL RCRA CITATION
261.3(d)(2)
ANALOGOUS STATE CITATION
(
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
1 As reissued by the March 3, 1992 rule, this subparagraph incorrectly referenced
"261 .6(a)(3){v) through (ix)." The June 1 , 1 992 rule corrected this reference to read
Note that this section of code has been further revised by an August 1 8, 1 992 rule (57 FR
37194; Revision Checklist 109). The changes addressed by this present checklist address
only the "mixture" and "derived-from" rules as they were at the time of reissuance in March
1992. Unfortunately, the version of the "mixture" and "derived-from" rules, reissued by the
March 3, 1992 rule, omitted 261.3(c)(2)(ii)(C) which had been added by an August 19, 1991
rule (56 FR 41 1 64; Reivsion Checklist 95). The June 1 , 1 992 amendment to the reissued "
mixture and derived-from rule reinstated this omitted code.
The code reissued by the March 3, 1 992 rule omitted the parenthetical sentence added by
Revision Checklist 83 (56 FR 3864; January 31, 1991} addressing characteristic waste no
longer exhibiting a characteristic that still may be subject to Part 268 requirements. The Jun
1 , 1 992 amendment re-added this sentence to the code.
March 3, 1992 - Page 8 of 8
CL117A.14 -R»VMd: 7/2(
Printed: 3/2f
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
Revision Checklist 117 B Summary
Rule Title: Hazardous Waste Management System; Definition of Hazardous
Waste; "Mixture" and "Derived-From" Rules
Checklist Title: Toxicity Characteristic Amendment
Reference: 57 FR 23062-23063
Promulgation Date: June 1, 1992
Effective Date: June 1, 1992
Cluster: RCRA Cluster III
Provision Type: HSWA
Linkage: Revision Checklist 74, 108 and 119
Optional: No
Summary: The Toxicity Characteristic rule [55 FR 11798 (March 29, 1990) Revision
Checklist 74] and its subsequent amendments [55 FR 26986 (June 29, 1001) and 57 FR
30657 (July 10, 1992) Revision Checklist 74] omitted changing the reference to the
"Extraction Procedure Toxicity Characteristic" at 261.3(a)(2)(i). The March 3, 1992 (57 FR
7628) reissuance of the "mixture" and "derived-from" rule reissued 261.3 with that error still
in it. The June 1,1992 amendment (57 FR 23062) to that reissued code corrected this error.
Because this change makes the Federal code more stringent, it is required and was placed in
a checklist separate from the other provisions (considered optional, for States) addressing the
reissuance of the "mixture" and "derived-from" rules.
State Authorization: This rule is placed in RCRA Cluster III, due to the delay in developing a
checklist for this change and its relationship to the reissuance of the "mixture" and "derived-
from" rules addressed by Revision Checklist 117 A. The State modification deadline is July
1,1994 (or July 1,1995, if a State statutory change is necessary). This change is conducted
under HSWA authorities because it is necessitated by the changes made by the Toxicity
Characteristic rule, which was promulgated under HSWA authorities. The State Revision
Application must include applicable regulations, AG statement addendum. Revision Checklist
117 B, other associated checklists and other application materials, i.e. a program description
and an MOA, as determined by the Regional office.
Attorney General's Statement Entry: The entry at I L in the Model Revision Attorney
General's Statement should be replaced with the following:
L. State statutes and regulations revise the existing toxicity
characteristic by replacing the Extraction Procedure (EP) leach test with the
Toxicity Characteristic Leaching Procedure (TCLP) for identifying wastes that
are defined as hazardous and subject to regulation under Subtitle C of RCRA as
indicated in Revision Checklists 74, 108 and 117B. State statutes and
regulations also provide for the addition of 25 organic chemicals and their
regulatory levels to the list of toxic constituents of concern as indicated in
Revision Checklist 74.
SUM! 17B.14-7/28/93
[Pnrted: 3/28/941
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
Revision Checklist 117 B Summary (cont'd)
Federal Authority: RCRA §§1006, 2002(a), 3001, 3002, 3004, 3005 and
3006; 40 CFR Parts 261, 264, 265 and 268 as amended March 29, 1990 (55
FR 11798), June 29, 1990 (55 FR 26986), June 1, 1992 (57 FR 23062), and
July 10, 1992 (57 FR 30657).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
SUM! 17B.14-7/28/93
[Printed: 3/28/94I
-------
OSWER DIRECTIVE NQ. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 117B
Toxicity Characteristic Amendment
57 FR 23062-23063
June 1, 1992
(RCRA Cluster III, HSWA provision)
Note: The Toxicity Characteristic rule [55
and its subsequent amendments [55 FR 2
1992); Revision Checklist 74] omitted
Toxicity Characteristic" at 261.3(a)(2)(i).
"derived-from" rules, reissued 261.3 with
FR 23062) to that reissued code corrected
code more stringent, it is required and wa
provisions (considered optional, for States
"derived-from" rules.
FR 11798 (March 29, 1990); Revision Checklist 74]
986 (June 29, 1001) and 57 FR 30657 (July 10,
changing the reference to the "Extraction Procedure
The March 3, 1992 reissuance of the "mixture" and
that error still in it. The June 1, 1992 amendment (57
this error. Because this change makes the Federal
placed in a checklist separate from the other
addressing the reissuance of the "mixture" and
FEDERAL REQUIREMENTS
FEDERAL RCRA CITA"
PART 261 - IDENTIFICATION
SUBP
DEFINITION OF HAZARDOUS WASTE
change "Extraction
Procedure Toxicity
characteristic" to
"Toxicity
Characteristic"
261.3(a)(2)(i)
ION
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
J AND LISTING OF HAZARDOUS WASTE
ART A - GENERAL
June 1, 1992 - Page 1 of 1
CL117B.14 -Ravmd: 07/28/93
Printed- 3/28/94
-------
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
Revision Checklist 118 Summary
Rule Title: Hazardous Waste Management
Checklist Title: Liquids in Landfills II
Reference: 57 FR 54452-54461
Promulgation Date: November 18, 1992
Effective Date: May 18, 1993
Cluster: RCRA III
Provision Type: HSWA
Linkage: Revision Checklist 17 F
Optional: No
Summary: This rule's purpose is to assure the stability of materials in hazardous waste
landfills. It satisfies the HSWA requirement that EPA issue a rule prohibiting disposal in
landfills of liquids that have been sorbed by materials that biodegrade or that release liquids
when compressed, as might occur during routine landfill operations. Specifically, the Paint
Filter Test, Method 9095, is adopted for testing containerized liquids to which sorbents were
added prior to land disposal. This rule also lists classes of nonbiodegradable sorbents and
gives examples in each class. Two tests are identified that may be used to determine
nonbiodegradability of sorbents not within a class on the list. Lab packs must also have
nonbiodegradable sorbents.
State Authorization: This rule is placed in RCRA Cluster III. The State modification deadline
is July 1, 1994 (or July 1, 1995 if a State statutory change is necessary). All changes go
into effect immediately, because this rule was promulgated under HSWA authorities. Both
interim and final authorization are available, with the former expiring on January 1, 2003. The
State Revision Application must include applicable regulations, an AG statement addendum,
Revision Checklist 118, other associated checklists and other application materials, i.e., a
program description and an MOA, as determined by the Regional office.
Attorney General's Statement Entry: The following entry should be placed at Subsection X
B in the Model Revision Attorney General's Statement.
B. State statutes and regulations prohibit the disposal, in hazardous
waste landfills, of liquids that have been sorbed in materials that are
biodegradable or that release liquids during routine landfill operations, as
indicated in Revision Checklist 118.
Federal Authority: RCRA §3004(c); 40 CFR 260.10, 264.13, 264.314,
264.316,265.13,265.314, and 265.316 as amended November 18,1992 (57
FR 54452).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
SDM118.14 -7/28/93
[Printed: 3/28/94)
-------
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 118
Liquids in Landfills II
57 FR 54452-54461
November 18, 1992
(RCRA Cluster III, HSWA provisions)
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
PART 260 - HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL
SUBPART B - DEFINITIONS
DEFINITIONS
add "sorbent"
260.10
PART 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE
TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SUBPART B - GENERAL FACILITY STANDARDS
GENERAL WASTE ANALYSIS
add new paragraph;
procedures owner or
operator will use to
determine whether
biodegradable sorbent
has been added to
waste in container
%
264.1 3(c)(3)
SUBPART N - LANDFILLS
SPECIAL REQUIREMENTS FOR BULK AND CONTAINERIZED LIQUIDS
change "an absorbent"
to "a sorbent"
change "absorbents"
to "sorbents"
change "absorbent" to
"sorbent"
264.314(a)(2)
264.31 4(b)
264.31 4(d)(1)(ii)
November 18, 1992 - Page 1 of 5
CL118.14 - R*va*d 7/28/93
Pmud 3/28/94
-------
RCRA REVISION CHECKLIST 118: Liquids in Landfills (pont'd)
FEDERAL REQUIREMENTS
redesignate old
264.314(e) as
264.3 14(f); add new
paragraph requiring
that sorbents, used to
treat free liquids
disposed in landfills,
must be
nonbiodegradable;
definition of
nonbiodegradable
sorbents
nonbiodegradable
sorbents
tests for
nonbiodegradable
sorbents
••
former 264.3 14(e)
becomes 264.3 14(f)
FEDERAL RCRA CITATION
264.314(6)
264.314(e)(1)
264.314(e)(1)(i)
264.31 4(e)(1)(ii)
264.31 4(e)(1)(iii)
264.31 4(e)(2)
264.314(e)(2)(i)
264.31 4(e)(2)(ii)
264.31 4(f)
264.31 4(f)(1)
264.31 4(f)(2)
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
,
'
November 18, 1992 - Page 2 of 5
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 118: Liquids in Landfills (cont'd)
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
DISPOSAL OF SMALL CONTAINERS OF HAZARDOUS WASTE IN OVERPACKED DRUMS (LAB
PACKS)
change "absorbent" to
"sorbent" in two
places; add ",
determined to be
nonbiodegradable in
accordance with
§ 264.314(e)," before
"to completely";
change "absorb" to
"sorb"; change
"packing" to "it has
been packed"
change "absorbent" to
"sorbent"; add ","
after "containers"
264.31 6(b)
264.31 6(c)
PART 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF
HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SUBPART B - GENERAL FACILITY STANDARDS
GENERAL WASTE ANALYSIS
add new paragraph;
procedures owner or
operator will use to
determine whether
biodegradable sorbent
has been added to
waste in container
265.13(c)(3)
SUBPART N - LANDFILLS
SPECIAL REQUIREMENTS FOR BULK AND CONTAINERIZED LIQUIDS
change "an absorbent"
to "a sorbent"
change "absorbents"
to "sorbents"
265.314(a)(2)
265.314(b)
November 18, 1992 - Page 3 of 5
CL118.14 - Ravmd: 7/28/93
Printed: 3/28/94
-------
OSWER DIRECTIVE NO. 9541.00-2C
SPA It
RCRA REVISION CHECKLIST 118: Liquids in Landfills (o.ont'd)
FEDERAL REQUIREMENTS
change "absorbent" to
"sorbent"
redesignate old
265.31 4{f) as
265.314(g); add new
paragraph requiring
that sorbents, used to
treat free liquids
disposed in landfills,
must be
nonbiodegradable;
definition of
nonbiodegradable
sorbents
nonbiodegradable
sorbents
tests for
nonbiodegradable
sorbents
former 265.3 14(f)
becomes 265.314(g)
FEDERAL RCRA CITATION
265.314(c)(1)(ii)
265.31 4(f)
265.314(f)(1)
265.314(f)(1)(i)
265.314(f)(1)(ii)
265.314(f)(1)(iii)
265.314(f)(2)
265.31 4(f){2)(i)
265.314(f)(2)(ii)
265.314(g)
265.314(g)(1)
265.314(g)(2)
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
•
(
November 18, 1992 - Page 4 of 5
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 118: Liquids in Landfills (cont'd)
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
DISPOSAL OF SMALL CONTAINERS OF HAZARDOUS WASTE IN OVERPACKED DRUMS (LAB
PACKS)
change "absorbent" to
"sorbent" in both
places; add ",
determined to be
nonbiodegradable in
accordance with
§ 265.31 4(f)," before
"to completely";
change "absorb" to
"sorb"; change
"packing" to "it has
been packed"
2 change "absorbent" to
"sorbent"; add ","
after "containers"
265.31 6(b)
265.31 6(c)
•
1 Note that there is a typographical error in the Federal Register article; at 265.314(f)(1 )(ii),
"polysobutylene" should be "polyisobutylene."
^ Note that there is an error in the Federal Register article; "container's" should be
"containers,".
November 18, 1992 - Page 5 of 5
CL118 14 - Revmd: 7/28/93
Printed: 3/28/94
-------
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
Revision Checklist 119 Summary
Rule Titles: Toxicity Characteristic Revision and Hazardous Waste
Management System; Identification and Testing of Hazardous
Waste; Toxicity Characteristic Revision
Checklist Title: Toxicity Characteristic Revision; TCLP Correction
Reference: 57 FR 55114-55117 and 58 FR 6854
Promulgation Date: November 24, 1992 and February 2, 1993
Effective Date: November 24, 1992
Cluster: RCRA Cluster III
Provision Type: HSWA provisions
Linkage: Revision Checklist 74, 108 and 117 B
Optional: Yes
Summary: The November 24, 1992 rule removes the quality assurance (QA) requirements
found in Method 1311, Toxicity Characteristic Leaching Procedure (TCLP), for correcting
measured values for analytical bias. Appropriate QA provisions are retained including that the
matrix spike recoveries be calculated and that the method of standard additions be employed
as the quantitation method for metallic contaminants when appropriate as specified in the
method. The February 2, 1993 rule corrects a minor technical error in Part 261, Appendix
II.
State Authorization: This rule is placed in RCRA Cluster III. The State modification deadline
is July 1, 1994 (or July 1, 1995 if a State statutory change is necessary). All changes go
into effect immediately, because this rule was promulgated under HSWA authorities. Both
interim and final authorization are available, with the former expiring January 1, 2003. The
State Revision Application must include applicable regulations, an AG statement addendum.
Revision Checklist 119, other associated checklists and other application materials, i.e., a
program description and an MOA, as determined by the Regional office.
Attorney General's Statement Entry: The following entry should be placed at Subsection IAA
in the Model Revision Attorney General's Statement.
AA. [OPTIONAL: This is a reduced requirement.] State statutes and
regulations do not require the use of the spike recovery correction as part of the
Toxicity Characteristic Leaching Procedure as indicated in Revision Checklist
119.
Federal Authority: RCRA § § 1006, 2002, 3001, 3002 and 3006; 40 CFR 261,
Appendix II, as amended November 24, 1992 (57 FR 55114) and February 2,
1993 (58 FR 6854).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
SUM119.14-2/11/93
[Printed: 3/28/94)
-------
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 119-
Toxicity Characteristic Revision;
TCLP Correction
57 FR 55114-55117
November 24, 1992
as amended on February 2, 1993 at 58 FR 6854
(RCRA Cluster III, HSWA provisions)
Note: The November 24, 1992 rule amends the version of the TCLP that was added to Appendix
II to Part 261 by the March 29, 1990 final rule (55 FR 11798; Revision Checklist 74), concurrent
with the removal of the old version of the TCLP from Appendix I to Part 268.
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE CITATION-
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
PART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
APPENDIX II TO PART 261
t METHOD 1311 TOXICITY CHARACTERISTIC LEACHING PROCEDURE (TCLP)
change "data is" to
"data are"; delete
sentence regarding
bias determined from
matrix spike
determination and
parenthetical reference
phrase following it
change "may not be
not less" to "may not
be less"
remove subparagraph
redesignate former 8.4
as 8.5; add new 8.4
and subparagraphs
addressing use of
internal calibration
quantitation methods
former 8.4 becomes
8.5
Appendix II, 8.2
Appendix II, 8.2.2
Appendix II, 8.2.5
Appendix II, 8.4
Appendix II, 8.4.1
Appendix II, 8.4.2
Appendix II, 8.4.3
Appendix II, 8.4.4
Appendix II, 8.5
•
November 24, 1992 - Page 1 of 2
CL119.14 -Revind: 2/11/93
Printed: 3/28/94
-------
OSWER DIRECTIVE NO. 9541.00-2
SPA 1
. RCRA REVISION CHECKLIST 119: Toxicity Characteristic ^Revision;
TCLP Correction (cont'd) t
1 There is a typographical error in the November 24, 1992 Federal Register: "84.4.4" should b<
"8.4.4." The February 2, 1993 rule made this correction.
2 There is a typographical error in the Federal Register: in the table at 8.5, second column
heading, there should be a space between "TCLP" and "extraction."
CL119 14 - Revmd- 2/1
November 24, 1992 - Page 2 of 2 P™*.* 3/2
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
Revision Checklist 120 Summary
Rule Title: Wood Preserving; Identification and Listing of Hazardous Waste;
Standards and Interim Status Standards for Owners and
Operators of Hazardous Waste Treatment, Storage, and Disposal
Facilities
Checklist Title: Wood Preserving; Amendments to Listings and Technical
Requirements
Reference: 57 FR 61492-61505
Promulgation Date: December 24, 1992
Effective Date: December 24, 1992 for all revisions except the following which
are effective June 24, 1993: 264.570(c)(1), 264.573(aM4)(i),
264.573(b)(3), 265.440(c)(1), 265.443(a)(4)(i), 265.443(b)(3),
and the revision of hazardous waste number F032 in 261.31.
Cluster: RCRA III
Provision Type: Both HSWA and Non-HSWA
Linkage: Revision Checklists 82, 91, 92 and 101
Optional: Certain changes are optional
Summary: This rule amends the F032, F034, F035 listings and portions of the Subpart W
requirements for drip pads. The administrative stays published on June 13, 1991 (56 FR
27332; Revision Checklist 91) and on February 18, 1992 (57 FR 5859; Revision Checklist
101) are both terminated by this rule. Relative to the February 18,1992 administrative stay,
this notice amends the impermeability requirement stayed by that rule, replacing it with a
specific hydraulic conductivity standard. Facilities with existing drip pads must meet this new
standard before the compliance date established in the present rule, rather than the October
30, 1992 deadline set in that administrative stay. The Agency has removed the requirement
that new drip pads be impermeable. Instead, owners and operators may choose to either 1)
construct their new drip pad with leak collection systems and a liner/leak detection system
below the pad, or 2) meet the same hydraulic conductivity, assessment, and material chemical
compatibility requirements that existing drip pads must meet. In the first set of alternate
requirements, surface protection is not required.
The December 24, 1992 rule also adds requirements regarding infrequent and incidental
drippage at storage pads and requires that drip pad surfaces be cleaned in a manner and at
a frequency to allow weekly inspections of the entire drip pad surface.
State Authorization: This rule is placed in RCRA Cluster III. The State modification deadline
is July 1, 1994 (or July 1, 1995 if a State statutory change is necessary). The revisions to
the listing for F032 and the permitting and interim status standards applicable to drip pads
handling this waste are promulgated pursuant to HSWA. These regulations go into effect on
the Federal effective date in all States. The revisions to the listings for F034 and F035 and
the permitting and interim status standards for drip pads that handle these wastes are non-
HSWA provisions. EPA will implement these requirements only in States that do not have
interim or final authorization. In authorized States, the non-HSWA requirements will not be
applicable until the States revise their programs to adopt equivalent requirements under State
law, unless the wastes are designated as hazardous due to the Toxicity Characteristic, which
SUM120.14- 1/20/93
(Printed: 3/28/94)
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OSWER DIRECTIVE NO. 9541.00-20
SPA 14
Revision Checklist 120 Summary (cont'd)
was promulgated relative to HSWA. In this latter case, the requirements relative to such
wastes would become effective in all States on the rule's effective date.
Both interim and final authorization are available for the HSWA provisions. An interim final
rule was published December 18, 1992 (57 FR 60129), extending interim authorization for
HSWA provisions until January 1, 2003. Only final authorization is available for the non-
HSWA provisions. The State Revision Application must include applicable regulations, AG
statement addendum, Revision Checklist 120, other associated checklists and other
application materials, i.e. a program description and an MOA, as determined by the Regional
office.
Attorney General's Statement Entries: The following new entries should be placed at
Subsection I A in the Model Revision Attorney General's Statement.
(25) [OPTIONAL: This is a reduced requirement.! Exceptions to listings of
F032, F034, and F035 for wastewaters that have not come into contact
with process contaminants, 40 CFR 261.31 as amended December 24,
1992 [57 FR 61492], Revision Checklist 120.
(26) [OPTIONAL: This is a reduced requirement.] Exception to listing of
F032 for potentially cross-contaminated wastes that are otherwise
currently regulated as hazardous wastes (i.e., F034 or F035), and where
the generator does not reserve or initiate the use of chlorophenolic
formulations, 40 CFR 261.31 as amended December 24, 1992 [57 FR
61492], Revision Checklist 120.
Subsection I A (22) should be replaced by the following revised paragraph:
(22) [OPTIONAL: This is a reduced requirement.] Administrative stay, from
June 13,1991 to December 24,1992, of F032, F034 and F035 listings
regarding 1) wastewaters that have not come into contact with process
contaminants and 2) plants that have previously used chlorophenolic
formulations, 40 CFR 261.31 as amended June 13, 1991 [56 FR
27332] and December 24,1992 [57 FR 61492], Revision Checklists 91
and 120.
Subsections XV L and M should be replaced by the following revised paragraphs:
L. State statutes and regulations contain design, operating, inspection
and closure requirements for drip pads and associated tanks, sumps and other
devices used to assist in the collection of treated wood drippage as indicated
in Revision Checklists 82, 92 and 120.
SUM120.14-1/20/93
[Printed: 3/28/94]
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OSWER DIRECTIVE NO. 9541.00-20
SPA 14
Revision Checklist 120 Summary (cont'd)
Federal Authority: RCRA § §2002(a) and 3001 (b)&(e)(1); 40 CFR 262.34(a)(2),
264.190, 264.570, 264.571, 264.572, 264.573, 264.574, 264.575,
265.190, 265.440, 265.441, 265.442, 265.443, 265.444 and 265.445, as
amended December 6,1990 (55 FR 50450), July 1,1991 (56 FR 30192), and
December 24, 1992 (57 FR 61492).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
M. [OPTIONAL: This is a reduced requirement.] State statutes and
regulations contain an administrative stay, from June 13, 1991 to December
24,1992, for the requirement that new drip pads be impermeable as indicated
in Revision Checklists 91 and 120.
Federal Authority: 5 U.S.C. 705; RCRA §§2002(a) and 3001(b)&(e)(1); 40
CFR 264.572(a){4) and 265.443(a)(4), as amended June 13, 1991 (56 FR
27332) and December 24, 1992 (57 FR 61492).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
The following new entries should be placed at subsections XV R, S and T:
R. State statutes and regulations require owners or operators of new
drip pads to have either 1) a surface protection system meeting the hydraulic
conductivity, material chemical compatibility, and assessment requirements of
264.573(a)(4) or 265.443(a)(4), or 2) a liner and leak detection system below
the pad as well as a leak collection system as specified in Revision Checklist
120.
Federal Authority: RCRA §§2002{a) and 3001(b)&(e)(1); 40 CFR 264.572,
265.573, 265.442 and 265.443 as amended December 24, 1992 (57 FR
61492).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
S. State statutes and regulations require owners or operators of existing
drip pads to meet the hydraulic conductivity, material chemical compatibility,
and assessment requirements of 264.573(a)(4) or 265.443(a)(4), as specified
in Revision Checklist 120.
SUM120.14-1/20/93
(Printed: 3/28/94]
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OSWER DIRECTIVE NO. 9541.00-20
SPA 14
: Revision Checklist 120 Summary (cont'd) ' .
Federal Authority: RCRA §§2002(a) and 3001(b)&(e)(1); 40 CFR 264.571,
264.573, 265.441 and 265.443 as amended December 24, 1992 (57 FR
61492).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
T. State statutes and regulations contain requirements for the
management of infrequent and incidental drippage in storage yards as indicated
in Revision Checklist 120.
Federal Authority: RCRA §§2002(a) and 3001(b)&(e)(1); 40 CFR 264.570(c)
and 265.440(c) as amended December 24, 1992 (57 FR 61492).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
SUM120.14-1/20/93
(Printed: 3/28/941
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OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 120
Wood Preserving; Revisions to
Listings and Technical Requirements
57 FR 61492-61505
December 24, 1992
(RCRA Cluster III, Both HSWA and Non-HSWA provisions)
Note: 1) This revision checklist terminates the June 13, 1991 (56 FR 27332, Revision Checklist
91) administrative stay by amending the F032, £034, and F035 listings and by revising technical
requirements for new drip pads. This checklist amends the impermeability requirement for
existing drip pads, replacing it with a specific hydraulic conductivity standard. The stay
promulgated February 18, 1992 (57 FR 5859, Revision Checklist 101) no longer applies. (Note,
the preamble to this rule refers to this stay as the February 6, 1992 administrative stay.)
Facilities with existing drip pads must meet this new hydraulic standard before the compliance
date set in this rule rather than the October 20, 1992 deadline set in that administrative stay.
States that have adopted Revision Checklists 91 and 101 are encouraged to adopt Revision
Checklist 120 as soon as possible. States that have not yet adopted previous Wood Preserving
checklists are strongly encouraged to use the Consolidated Wood Preserving Checklist updated
through December 31, 1992.
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
PART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
SUBPART D--LISTS OF HAZARDOUS WASTES
HAZARDOUS WASTES FROM NON-SPECIFIC SOURCES
t,1 revise F032, F034,
and F035 listings to
read as follows:
261.31(a)/table
December 24, 1992 - Page 1 of 14
CL120.14
ReviMd. 05/10/93
Printed: 3/28/94
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OSWER DIRECTIVE NO. 9841 .OO-
SPA
RCRA REVISION CHECKLIST 1 20: Wood Preserving; Revisions to
Listings and Technical Requirements (cont'd) .
I
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE CITATION
STATE ANALOG IS: '
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Industry and EPA
hazardous waste
No.
Hazardous waste
Hazard
code
F032
F034
F035
Wastewaters (except those that have not come into contact with process (T)
contaminants)/ process residuals, preservative drippage, and spent formulations from
wood preserving processes generated at plants that currently use or have previously
used chlorophenolic formulations (except potentially cross-contaminated wastes that
have had the F032 waste code deleted in accordance with § 261.35 of this chapter or
potentially cross-contaminated wastes that are otherwise currently regulated as
hazardous wastes (i.e., F034 or F035), and where the generator does not resume or
initiate use of chlorophenolic formulations). This listing does not include K001 bottom
sediment sludge from the treatment of wastewater from wood preserving processes that
use creosote and/or pentachlorophenol.
Wastewaters (except those that have not come into contact with process (T)
contaminants), process residuals, preservative drippage, and spent formulations from
wood preserving processes generated at plants that use creosote formulations. This
listing does not include K001 bottom sediment sludge from the treatment of wastewater
from wood preserving processes that use creosote and/or peintachlorophenol.
Wastewaters (except those that have not come into contact with process (T)
contaminants), process residuals, preservative drippage, and spent formulations from
wood preserving processes generated at plants that use inorganic preservatives
containing arsenic or chromium. This listing does not include K001 bottom sediment
sludge from the treatment of wastewater from wood preserving processes that use
creosote and/or pentachlorophenol.
2 remove the
administrative stay
addressed in Footnote
1 of the 261.31 table
261.31(a)/table
December 24, 1992 - Page 2 of 14
CL120.14
• Ravmd- 05/1
Printed: 3/2
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OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 120: Wood Preserving; Revisions to
Listings and Technical Requirements (cont'd) •.
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
PART 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE
TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SUBPART W--DRIP PADS
APPLICABILITY
change "run-on" to
"run-off"; at end of
paragraph, add
sentence regarding
applicability of
264.573(b)(3) leak
collection system
requirement
add new paragraph;
Subpart W
requirements not
applicable to
management of
infrequent, incidental
drippage in storage
yards provided:
owner or operator
maintains and
complies with a
written contingency
plan describing how
owner or operator will
respond immediately
to discharge of
infrequent and
incidental drippage; at
a minimum, what the
contingency plan must
describe
i
264.570(a)
264.570{c)
264.570(c)(1)
264.570(c){1)(i)
264.570(c)(1Mii)
264.570(c)(1)(iii)
264.570(c)(1)(iv)
December 24, 1992 - Page 3 of 14
CL120.14 - Rdvwod 05/10/93
Printed- 3/28/94
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OSWER DIRECTIVE NO. 9541.00-:
SPA 1
RCRA REVISION CHECKLIST 120: Wood Preserving; Revisions to
Listings and Technical Requirements (cont'd) •'
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE CITATION
__,
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
ASSESSMENT OF EXISTING DRIP PAD INTEGRITY
delete ", and must
document the age of
the drip pad to the
extent possible, to
document compliance
with paragraph (b) of
this section"
3 change "modifications
will be" to
"modifications are";
change "insufficient"
to "in sufficient";
change "263.573" to
"264.573"; delete
"and must document
the age of the drip pad
to the extent
possible"; delete "All
upgrades, repairs, and
modifications must be
completed in
accordance with the
following:"
3
remove subparagraphs
,
264.571(a)
264.571(b)
264.571 (b)(1)
264.571 (b)(2)
264.57 1(b)(3)
.
.
1
DESIGN AND INSTALLATION OF NEW DRIP PADS
insert "new" before
"drip pads"; replace
"all of the applicable
requirements of § §
264.573, 264.574
and 264.575 of this
subpart." with "one of
the following:"
264.572
December 24, 1992 - Page 4 of 14
CL120.14 - RaviMd: 05/11
Printed: 3/2
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OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 120: Wood Preserving; Revisions to :
Listings and Technical Requirements (cont'd)
FEDERAL REQUIREMENTS
add new
subparagraph; all of
the requirements of
264.573 (except
264.573(a)(4)),
264.574 and 264.575
add new
subparagraph; all of
the requirements of
264.573 (except
264.573(b)), 264.574
and 264.575
FEDERAL RCRA CITATION
264.572(3)
264.572(b)
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
DESIGN AND OPERATING REQUIREMENTS
4, remove existing text
5, designated as (a)(4)
6 and note regarding
administrative stay for
existing drip pads;
replace with
subparagraph
addressing hydraulic
conductivity
requirements; maintain
surface free of cracks
and gaps; sealing
material must be
chemically compatible
with preservatives that
contact pad;
requirements apply to
existing drip pads and
drip pads of
owners/operators
electing to comply
with 264.572(a)
264.573(a)(4)(i)
December 24, 1992 - Page 5 of 14
CL120.14 - ReviMd- 05/10/93
Printed: 3/28/94
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OSWER DIRECTIVE NO. 9541.00-2
SPA 1
RCRA REVISION CHECKLIST 120: Wood Preserving; Revisions to
Listings and Technical Requirements (cont'd) '
FEDERAL REQUIREMENTS
add new
subparagraph; owner
or operator must
obtain and keep at the
facility written
assessment of drip pad
certified by
independent qualified
registered engineer;
assessment must
attest to results of
evaluation;
assessment must be
reviewed, updated and
recertified annually;
evaluation must
document extent to
which drip pad meets
264.573 (except
264.573(b)) design
and operating
standards
7 replace existing
introductory sentence
with: "If owner/
operator elects to
comply with
§ 264.572(b) instead
of § 264.572(a), the
drip pad must have:"
FEDERAL RCRA CITATION
264.573(a)(4)(ii)
264.573(b)
ANALOGOUS STATE CITATION
^
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
1
™
December 24, 1992 - Page 6 of 14
CL120.14 -
05/11
Pnntad- 3/2
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OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 120: Wood Preserving; Revisions to
Listings and Technical Requirements (cont'd) •
FEDERAL REQUIREMENTS
add new
subparagraph; leakage
collection system
immediately above the
liner designed.
constructed.
maintained and
operated to collect
leakage from below
the drip pad; date,
time and quantity of
leakage collected must
be documented in
operating log
replace "at least once
every seven days"
with "in a manner and
frequency"; replace
phrase addressing the
types of cleaning
techniques with phrase
addressing proper
management of
residues and weekly
inspections of entire
drip pad surface; at
end add new sentence
requiring owner/
operator to determine
whether residues are
hazardous under
262.11 and, if so.
manage according to
Parts 261 -268, 270
and RCRA §3010
FEDERAL RCRA CITATION
264.573(b)(3)
264.573(i)
ANALOGOUS STATE CITATION
•
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
December 24, 1992 - Page 7 of 14
CL120 14
»vMd 05/10/93
Ptmt«d 3/28/94
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OSWER DIRECTIVE NO. 9541.00-
SPA
RCRA REVISION CHECKLIST 120: Wood Preserving; Revisions to
Listings and Technical Requirements (cont'd) -'
I
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE CITATION
\
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADEF
IN SCOPf
PART 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF
HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SUBPART W--DRIP PADS
APPLICABILITY
change "run-on" to
"run-off"; delete
comma after first
occurrence of "1990";
delete "generated"
after first occurrence
of "operator has"; at
end of paragraph, add
sentence regarding
applicability of
265.443(b)(3) leak
collection system
requirement
add new paragraph;
Subpart W
requirements not
applicable to
management of
infrequent, incidental
drippage in storage
yards provided:
owner or operator
maintains and
complies with a
written contingency
plan describing how
owner or operator will
respond to discharge
of infrequent and
incidental drippage; at
a minimum, what the
contingency plan must
describe
265.440(a)
265.440(c)
265.440(c)(1)
265.440(c)(1)(i)
265.440(0(1 )(ii)
265.440(c)(1)(iii)
265.440(0(1 )(iv)
(
i
December 24, 1992 - Page 8 of 14
CL120.14 -
Revised: 05,
Printed: 3,
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OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 120: Wood Preserving; Revisions to
Listings and Technical Requirements (cont'd) -.
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
ASSESSMENT OF EXISTING DRIP PAD INTEGRITY
delete "justify and"
after "The evaluation
must"; delete ", and
must document the
age of the drip pad to
the extent possible, to
document compliance
with paragraph (b) of
this section"
3 add comma after first
occurrence of "this
subpart"; change
"modifications will be"
to "modifications are";
delete "and must
document the age of
the drip pad to the
extent possible";
delete "," after
"265.443 of this
subpart"; delete
comma after
"qualified"; delete "All
upgrades, repairs, and
modifications must be
completed in
accordance with the
following:"
3
remove subparagraphs
265.441(a)
265.441(b)
265.441 (b)(1)
265.441 (b)(2)
265.441 (b)(3)
•
December 24, 1992 - Page 9 of 14
CL120.14 -toviud: 05/10/93
Printed: 3/28/94
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OSWER DIRECTIVE NO. 9541.00-:
SPA 1
RCRA REVISION CHECKLIST 120: Wood Preserving; Revisions to
Listings and Technical Requirements (cont'd) •'
I
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE CITATION
\
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
DESIGN AND INSTALLATION OF NEW DRIP PADS
replace "all of the
applicable
requirements of § §
265.443, 265.444
and 265.445 of this
subpart." with "one of
the following:"
all of the applicable
requirements of
265.443 (except
265.443(a)(4)),
265.444 and 265.445
all of the applicable
requirements of
265.443 (except
265.443(b)), 265.444
and 265.445
265.442
265.442(a)
265.442(b)
•
(
December 24, 1992 - Page 10 of 14
CL120.14 - Revnod: 05/1
Primed: 3/2
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OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 120: Wood Preserving; Revisions to
Listings and Technical Requirements (cont'd) •„
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
DESIGN AND OPERATING REQUIREMENTS
remove existing text
designated as
265.443(a)(4) and
remove two notes
regarding
administrative stays
for new and existing
drip pads; replace with
new subparagraph
regarding hydraulic
conductivity
requirements; maintain
surface free of cracks
and gaps; surface
material must be
chemically compatible
with preservatives that
contact pad;
requirements apply to
existing drip pads and
drip pads of owners/
operators electing to
comply with
265.442(a)
f
265.443(a)(4)(i)
4,
8
December 24, 1992 - Page 11 of 14
CL120.14
ReviMd: 05/10/93
Printed- 3/28/94
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OSWER DIRECTIVE NO. 9541.00-
SPA
RCRA REVISION CHECKLIST 120: Wood Preserving; Revisions to
Listings and Technical Requirements (cont'd) .•
I
FEDERAL REQUIREMENTS
add new
subparagraph; owner '
or operator must
obtain and keep at the
facility a written
assessment of drip pad
certified by
independent qualified
registered engineer;
assessment must
attest to results of
evaluation;
assessment must be
reviewed, updated and
recertified annually;
evaluation must
document extent to
which drip pad meets
265.443 (except
265.443(b)) design
and operating
standards
replace existing
introductory sentence
with "If an
owner/operator elects
to comply with
§ 265.442(b) instead
of § 265.442(a), the
drip pad must have:"
FEDERAL RCRA CITATION
265.443(a)(4)(ii)
265.443(b)
ANALOGOUS STATE CITATION
^-
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
|
"
December 24, 1992 - Page 12 of 14
CL120.14 - R*v»Mi: 05/1
Printed 3/2
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OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 120: Wood Preserving; Revisions to
Listings and Technical Requirements (cont'd) '•
FEDERAL REQUIREMENTS
add new
subparagraph; leakage
collection system
immediately above the
liner designed,
constructed.
maintained and
operated to collect
leakage from below
the drip pad for
removal; date, time
and quantity of
leakage collected must
be documented in
operating log
replace "at least once
every seven days"
with "in a manner and
frequency"; replace
phrase addressing the
types of cleaning
techniques with phrase
addressing proper
management of
residues and weekly
inspections of entire
drip pad surface
FEDERAL RCRA CITATION
•
265.443(b)(3)
265.443(i)
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
For those States that did not adopt the June 13, 1991 administrative stay, the changes to
these listings represent a narrowing of the F032, F034 and F035 listings. Thus, these
changes are optional for States not adopting that administrative stay. Those States which
adopted that administrative stay should remove the wording added by the stay and replace
the wording with that shown in the December 24, 1992 rule and presented in this checklist.
Only those States that added the stay to their code need to make this change.
The Federal Register instructions for revising this paragraph are unclear. According to EPA,
the last sentence of (b), which introduces the subparagraphs, is to be removed, as well as
subparagraphs (b){1), (2), and (3). A technical correction will be published in the Federal
Register in the near future.
December 24, 1992 - Page 13 of 14
CL120.14 -Rovwed 05/10/93
Printed. 3/28/94
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OSWER DIRECTIVE NO. 9541.00-2
SPA 1
RCRA REVISION CHECKLIST 120: Wood Preserving; Revisions to .
Listings and Technical Requirements (cont'd) -,
4 The Federal Register does not clearly indicate that these notes regarding administrative stays'
are removed by this rule; according to EPA, they should be removed. A technical correction
will be published in the Federal Register in the near future.
5 There are two typographical errors in this paragraph in the Federal Register: in both
occurrences, "1x10-7" should be "1x10"7."
6 Note that the Federal Register is in error. According to EPA, the last line of 264.573(a)(4)(i)
should read "§ 264.572(b) instead of §264.572(a)" rather than "§264.572(a) instead of
264.572(b)." As written, the code contradicts what is said in the 264.572(a)&(b)
requirements.
7 There is an error in the Federal Register at 264.573(b). According to EPA, the phrase
"§ 264.572{b) instead of § 264.572(a)" should be "§ 264.572(a) instead of § 264.572(b)."
As currently written, the code contradicts the 264.572(a)&(b) requirements.
8 Note that the Federal Register is in error. According to the last line of 265.443(a)(4)(i) shouk
read "§ 265.442(b) instead of § 265.442(a)" rather than "§ 265.442(a) instead of
§ 265.442(b)". As written, the code contradicts what is said in the 265.442(a)&(b)
requirements.
9 There is an error in the Federal Register at 265.443(b). According to EPA, the phrase
'§ 265.442(b) instead of § 265.442(a)" should be "§ 265.442(a) instead of § 265.442{b)."
As currently written, the code contradicts the 265.442(a)&(b) requirements. I
December 24, 1992 - Page 14 of 14 0.120.14 - R.v«,d/os/io
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OSWER DIRECTIVE NO. 9541.00-20
SPA 14
Revision Checklist 121 Summary
Rule Title: Corrective Action Management Units and Temporary Units;
Corrective Action Provisions Under Subtitle C
Checklist Title: Corrective Action Management Units and Temporary Units
Reference: 58 FR 8658-8685
Promulgation Date: February 16, 1993
Effective Date: April 19, 1993
Cluster: RCRA Cluster III
Provision Type: HSWA
Linkage: None
Optional: Yes
Summary: This rule finalizes provisions for corrective action management units (CAMUs) and
temporary units (TUs) that will be used for remedial purposes under RCRA corrective action
authorities. The specific provisions of the rule, codified under a new subpart S of 40 CFR part
264, were proposed as part of a more comprehensive corrective action rulemaking on July
27, 1990. EPA received numerous public comments on the subpart S proposal, many of
which raised issues which must be resolved prior to a final rulemaking. However, EPA
believes that it is necessary to expedite the promulgation of the CAMU and TU regulations in
order to facilitate remediation waste management activities at RCRA facilities.
State Authorization: This rule is placed in RCRA Cluster III. The rule is promulgated under
HSWA authorities; thus, all changes go into effect immediately in (1) States unauthorized for
the RCRA base program, and (2) States authorized for the RCRA base program, but are not
yet authorized for the HSWA corrective action program. Because the regulations promulgated
in this rule reduce regulatory requirements for certain types of waste management conducted
during corrective action. States are not required to adopt the changes addressed by this rule.
States may, however, impose requirements that are broader in scope or more stringent than
those imposed under Federal regulations. As such, the checklist developed for this rule has
been designated as optional. However, EPA strongly encourages States to adopt the checklist
as quickly as possible in order to expedite hazardous waste remediation at RCRA corrective
action facilities. For States that choose to adopt the checklist, the State modification deadline
is July 1, 1994 (or July 1, 1995 if a State statutory change is necessary). Both interim and
final authorization are available. An interim final rule was published in mid December, 1992,
extending interim authorization until January 1, 2003. The State Revision Application must
include applicable regulations, an AG statement addendum, Revision Checklist 121, other
associated checklists and other application materials, i.e., a program description and an MOA,
as determined by the Regional office.
Attorney General's Statement Entry: The following entry should be placed at Subsection XIII
in the Model Revision Attorney General's Statement.
G. [OPTIONAL: This is a reduced requirement.] State statutes and
regulations contain remediation waste management provisions for corrective
action management units (CAMUs) and temporary units (TUs) at RCRA
facilities, as indicated in Revision Checklist 121.
SUM121.14-3/2/93
[Printed: 3/28/94)
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
Revision Checklist 121 Summary (cont'd)
Federal Authority: RCRA § § 1006, 2002(a)f 3004(u), 3004(v), 3005(c), 3007,
and 3008(h); 40 CFR 260.10, 264.3, 264.101(b), 264.552, 264.553,
265.1 (b), 268.2(c), 270.2 and Appendix I to 270.42, as amended February 16,
1993 (58 FR 8658).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney Genera!
SUM121.14-3/2/93
(Printed: 3/2B/94I
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 121
Corrective Action Management Units and Temporary Units
58 FR 8658-8685
February 16, 1993
(RCRA Cluster III, HSWA provisions)
Note: The final rule addressed by this checklist reduces the regulatory requirements for certain
types of waste management conducted during correction action; thus authorized States are not
required to adopt the changes addressed by this rule. As such, this checklist is designated as
optional. However, EPA strongly encourages States to adopt the checklist as soon as possible in
order to expedite hazardous waste remediation at RCRA corrective action facilities.
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
PART 260 - HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL
SUBPART B - DEFINITIONS
t DEFINITIONS
add "corrective action
management unit"
add sentence
excluding a corrective
action management
unit into which
remediation wastes
are placed from
definition
designate existing
definition as "(1)"; add
second definition
numbered "(2)" for the
purpose of
implementing
correction action under
264.101
replace "or a cave"
with "a cave, or a
corrective action
management unit"
260.10 "corrective
action management
unit"
260.10 "disposal
facility"
260. 10 "facility"
260.10 "landfill"
February 16, 1993 - Page 1 of 12
CL121 14
9/20/93
Pnnt«d 3/28/94
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OSWER DIRECTIVE NO. 9541.00-2
SPA 1
RCRA REVISION CHECKLIST 121: Corrective Action
Management Units and Temporary Units (cont'd) -
FEDERAL REQUIREMENTS
add "corrective action
management unit,"
after "containment
building, "
add "remediation
waste"
FEDERAL RCRA CITATION
260.10
"miscellaneous unit"
260.10 "remediation
waste"
ANALOGOUS STATE CITATION
— ,
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
PART 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE
TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SUBPART A - GENERAL
t RELATIONSHIP TO INTERIM STATUS STANDARDS
1 add ", except as
provided under 40 CFR
part 264 subpart S" at
end of paragraph
264.3
SUBPART F - RELEASES FROM SOLID WASTE MANAGEMENT UNITS |
t CORRECTIVE ACTION FOR SOLID WASTE MANAGEMENT UNITS
add "in accordance
with this section and
subpart S of this part"
after "in the permit"
264.101(b)
SUBPART S - CORRECTIVE ACTION FOR SOLID WASTE MANAGEMENT UNITS
t CORRECTIVE ACTION MANAGEMENT UNITS (CAMU)
Regional Administrator
may designate one or
more areas at a facility
as CAMUs for purpose
of implementing
remedies under
264.101 or RCRA
3008(h)
264.552(3)
February 16, 1993 - Page 2 of 112
CL121.14-R»vi»d: 9/20,
Printed: 3/28
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 121: Corrective Action
Management Units and Temporary Units (cont'd)-'
FEDERAL REQUIREMENTS
placement of
remediation wastes in
CAMU does not
constitute land
disposal
consolidation or
placement of
remediation wastes in
CAMU does not
constitute creation of
a unit subject to
minimum technology
requirements
Regional Administrator
may designate a
regulated unit as a
CAMU or include a
regulated unit in a
CAMU; criteria
Subparts F, G, and H
and unit-specific Parts
264 or 265
requirements that
applied to regulated
unit continue to apply
to that portion of
CAMU after
incorporation
criteria by which
Regional Administrator
shall designate CAMU:
CAMU shall facilitate
implementation of
reliable, effective,
protective, and cost-
effective remedies
FEDERAL RCRA CITATION
264.552(a)(1)
264.552(a)(2)
264.552{b)(1)
264.552(b)(1)(i)
264.552(b)(1)(ii>
264.552(b)(2)
264.552(0
264.552(c)(1)
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
•
February 16, 1993 - Page 3 of 12
CL121.U-R»vwd: 9/20/93
Printed: 3/28/94
-------
OSWER DIRECTIVE NO. 9541.00-2
SPA 1
RCRA REVISION CHECKLIST 121: Corrective Action
Management Units and Temporary Units (cont'dV
I
FEDERAL REQUIREMENTS
associated waste
management activities
shall not create
unacceptable risks to
humans or the
environment
CAMU shall include
uncontaminated areas
only if including such
areas for purpose of
managing remediation
waste is more
protective than
managing such wastes
at contaminated areas
CAMU areas where
waste will remain after
closure shall be
managed and
contained to minimize
future releases, to the
extent practicable
CAMU shall expedite
remedial activity
implementation when
appropriate and
practical
CAMU shall enable use
of treatment
technologies, when
appropriate, to
enhance long-term
effectiveness of
remedial actions
CAMU shall, to the
extent practicable,
minimize land area
where wastes will
remain after closure
FEDERAL RCRA CITATION
264.552(c)(2)
264.552(c)(3)
264.552(c)(4)
264.552(c)(5)
264.552(c)(6)
264.552(c)(7)
ANALOGOUS STATE CITATION
•
\
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
(
I
February 16, 1993 - Page 4 of 12
CL121 14 - R»vmd: 9/2
Printed: 3/2
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 121: Corrective Action
Management Units and Temporary Units (cont'dK
FEDERAL REQUIREMENTS
owner/operator shall
provide sufficient
information to enable
Regional Administrator
to designate CAMU in
accordance with
264.552
Regional Administrator
shall specify CAMU
requirements in permit
or order, including:
area! configuration of
CAMU
requirements for
remediation waste
management, including
applicable design,
operation and closure
requirements
requirements for
ground water
monitoring sufficient
to:
continue to detect and
characterize existing
releases from sources
within CAMU
detect and
characterize releases
from areas of the
CAMU in which
wastes will remain
after closure
closure and post-
closure requirements:
CAMU closure shall:
FEDERAL RCRA CITATION
264.552(d)
264.552(e)
264.552(e)(1)
264.552(e)(2)
264.552(e)(3)
264.552(e)(3)(i)
264.552(e)(3)(ii)
264.552(e)(4)
264.552{e)(4)(i)
ANALOGOUS STATE CITATION
*
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
•
February 16, 1993 - Page 5 of 12
CL121.14
Ravmd. 9/20/93
Pmt«d: 3/28/94
-------
OSWER DIRECTIVE NO. 9541.00-5
SPA 1
RCRA REVISION CHECKLIST 121: Corrective Action
Management Units and Temporary Units (cont'd);
FEDERAL REQUIREMENTS
minimize need for
further maintenance
control, minimize, or
eliminate post-closure
escape of hazardous
waste, hazardous
constituents, leachate,
contaminated runoff,
or hazardous waste
decomposition
products to ground,
surface waters, or
atmosphere
requirements for
closure of CAMU shall
include, as appropriate
and deemed necessary
by the Regional
Administrator:
excavation, removal,
treatment or
containment of wastes
capping of areas in
which wastes will
remain after CAMU
closure
removal and
decontamination of
equipment, devices,
and structures used in
remediation waste
management activities
within CAMU
.in establishing specific
264.552(e) closure
requirements, Regional
Administrator shall
consider:
FEDERAL RCRA CITATION
264.552(e)(4)(i)(A)
264.552(e)(4)(i)(B)
264.552(e)(4)(ii)
264.552(e)(4)(ii)(A)
264.552(e)(4)(ii)(B)
264.552(e)(4)(ii)(C)
264.552(e)(4)(iii)
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
(
I
1
February 16, 1993 - Page 6 of 12
CL121.14 - R»vw«d: 9/2
Printed. 3/2
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 121: Corrective Action
Management Units and Temporary Units (cont'd) •'
FEDERAL REQUIREMENTS
CAMU characteristics
volume of wastes
which remain in place
after closure
potential for releases
from CAMU
physical and chemical
characteristics of the
waste
hydrogeological and
other relevant
environmental
conditions which may
influence migration of
potential or actual
releases
potential for exposure
of human and
environmental
receptors if releases
occur
post-closure
requirements as
necessary to protect
human health and the
environment; for areas
where wastes will
remain, monitoring and
maintenance activities
and frequency
Regional Administrator
shall document
rationale for CAMU
designation; make
documentation
available to public
FEDERAL RCRA CITATION
264.552(e)(4)(iii)(A)
264.552(e)(4)(iii)(B)
264.552(e)(4)(iii)(C)
264.552(e)(4)(iii)(D)
264.552(e)(4)(iii)(E)
264.552(e)(4)(iii)(F)
264.552(e)(4)(iv)
264.552W
ANALOGOUS STATE CITATION
•
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
•
February 16, 1993 - Page 7 of 12
CL121.14
Rovnod: 9/20/93
Pnntad. 3/28/94
-------
OSWER DIRECTIVE NO. 9541.00-:
SPA 1
RCRA REVISION CHECKLIST 121: Corrective Action
Management Units and Temporary Units (cont'd).-
^
FEDERAL REQUIREMENTS
incorporation of CAMU
into existing permit
approved by Regional
Administrator under
270.41 or 270.42
procedures
CAMU designation
does not change EPA's
existing authority to
address clean-up
levels, media-specific
points of compliance,
or other remedy
selection decisions
FEDERAL RCRA CITATION
264.552(g)
264.552(h)
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
t TEMPORARY UNITS (TU)
Regional Administrator
may determine
alternative design,
operating, or closure
standards for
temporary tanks and
container storage
areas for treatment or
storage of hazardous
remediation wastes
under 264.101 or
RCRA 3008{h); must
protect human health
and environment
temporary unit to
which alternative
requirements are
applied shall be:
located within facility
boundary
used only for
treatment or storage
of remediation wastes
264.'553(a)
264.553(b)
264.553(b)(1)
264.553(b)(2)
A
*
— 4
February 16, 1993 - Page 8 of 12
CL121.14
• Roviwd: 9/2<
Printed. 3/21
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 121: Corrective Action
Management Units and Temporary Units (cont'd):
FEDERAL REQUIREMENTS
factors Regional
Administrator shall
consider in
establishing temporary
unit standards:
length of time unit will
be in operation
type of unit
volumes of wastes to
be managed
physical and chemical
characteristics of
wastes to be managed
potential for releases
from the unit
hydrogeological and
other relevant
environmental
conditions which may
influence migration of
potential releases
potential for exposure
of humans and
environmental
receptors if releases
occur
Regional Administrator
shall specify in permit
or order length of
time, up to a year, the
temporary unit will be
allowed to operate;
design, operating, and
closure requirements
for the unit
FEDERAL .RCRA CITATION
1
264.553(c)
264.553(0(1)
264.553(0(2)
264.553(0(3)
264.553(0(4)
264.553(0(5)
264.553(0(6)
264.553(0(7)
264.553(d)
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
February 16, 1993 - Page 9 of 12
CL121.14 - Revmd: 9/20/93
Printed 3/28/94
-------
OSWER DIRECTIVE NO. 9541.00-
SPA '
RCRA REVISION CHECKLIST 121: Corrective Action
Management Units and Temporary Units (cont'd).
FEDERAL REQUIREMENTS
Regional Administrator
may extend
operational period of
temporary unit once
for no longer than one
year beyond period
specified in permit or
order, if:
continued operation of
unit will not threaten
human health and
environment
continued operation of
unit is necessary to
ensure timely and
efficient
implementation of
remedial actions
incorporation of a
temporary unit or time
extension for
temporary unit in an
existing permit shall
be:
approved in
accordance with
270.41 permit
modification
procedures
requested by '
owner/operator as
Class II modification in
accordance with
270.42
FEDERAL RCRA CITATION
264.553(6)
264.553(e){1)
264.553(e)(2)
264.553(f)
264.553(f)(1)
264.553(f)(2)
ANALOGOUS STATE CITATION
•
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
(
1
February 16, 1993 - Page 10 of 12
CL121 14 • fWv
Md 9/2>
3/21
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OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 121: Corrective Action
Management Units and Temporary Units (cont'd)-'
FEDERAL REQUIREMENTS
Regional Administrator
shall document
rationale for temporary
unit designation;
documentation made
available to public
FEDERAL RCRA CITATION
264.553(g)
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
PART 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF
HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SUBPART A - GENERAL
t PURPOSE, SCOPE, AND APPLICABILITY
add ",and of 40 CFR
264.552 and 40 CFR
264.553," after
"standards of this
part"
265. Kb)
PART 268 - LAND DISPOSAL RESTRICTIONS
SUBPART A - GENERAL
t DEFINITIONS APPLICABLE IN THIS PART
add ", except in a
corrective action
management unit,"
after "on the land"
268. 2(c)
PART 270 - EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT
PROGRAM
t
SUBPART A - GENERAL INFORMATION
DEFINITIONS
add "corrective action
management unit"
270.2
February 16, 1993 - Page 11 of 12
CL121 14-R«vMd 9/20/93
Prwitcd 3/28/94
-------
OSWER DIRECTIVE NO. 9541.00-2
SPA 1<
RCRA REVISION CHECKLIST 121: Corrective Action
Management Units and Temporary Units (cont'd).
FEDERAL REQUIREMENTS
add sentence
excluding a corrective
action management
unit into which
remediation wastes
are placed from
definition
FEDERAL RCRA CITATION
270.2 "disposal
facility"
ANALOGOUS STATE CITATION
STATE ANALOG IS: '
EQUIV-
ALENT
.
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
SUBPART D - CHANGES TO PERMIT
PERMIT MODIFICATION AT THE REQUEST OF THE PERMITTEE
add new section N. to
table
270.42 Appendix I
' Note that the comment following 264.3 remains unchanged.
2 Note that there is a typographical error in the Federal Register addressed by this Checklist; it
264.552(e)(4)(iii)(E) "Hydrological" should be "Hydrogeological".
3 Note that at 264.553(e), "Administrator" should read "Regional Administrator". I
February 16, 1993 - Page 12 of 12
CL121.14 - Rovi»d: 9/2
Printed: 3/5
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
Revision Checklist 122 Summary
Rule Title: Recycled Used Oil Management Standards; Technical
Amendments and Corrections
Checklist Title: Recycled Used Oil Management Standards; Technical
Amendments and Corrections I
Reference: 58 FR 26420-26426 and 58 FR 33341-33342
Promulgation Date: May 3, 1993 and June 17, 1993
Effective Date: March 8, 1993 and June 17, 1993
Cluster: RCRA Cluster III
Provision Type: Both HSWA and non-HSWA
Linkage: Revision Checklists 19, 112 and 130
Special Note: A Consolidated Recycled Used Oil Management Standards
Checklist is available for Checklists 112, 122 and 130
Optional: No
Summary: This rule corrects several technical errors and provides clarifying amendments to
the recycled used oil management standards rule, published September 10, 1992 (57 FR
41566; Revision Checklist 112). This rule also corrects an error in the May 20,1992 rule (57
FR 21524; Revision Checklist 104). States that have adopted these checklists are
encouraged to adopt Revision Checklist 122 as soon as possible. States should note that four
portions (279.42(a), 279.51 (a), 279.62(a), and 279.73(a)) of the code revised by the June
May 3, 1993 rule were revised by the June 17, 1993 rule also addressed by this checklist.
The June 17 rule effectively changes the text of these four paragraphs on notification back
to read as it did in the original September 10,1992 rule, so that renotification is not required.
State Authorization: The rules addressed by this checklist are placed in RCRA Cluster III. The
State modification deadline is July 1, 1994 (or July 1, 1995 if a State statutory change is
necessary). The preamble to the September 10, 1992 rule (57 FR 41566; Revision Checklist
112) indicated none of the provisions of that rule were being promulgated pursuant to HSWA.
Therefore, the Part 279 regulations promulgated by that rule would not be enforceable in an
authorized State until the State had received authorization for Revision Checklist 112. After
publication of the September 10, 1992 rule, EPA realized that its position, making all
provisions of that rule non-HSWA, was arguably inconsistent with statements made in the
preamble of the November 29, 1985 rule (50 FR 49201; Revision Checklist 19) which
promulgated 266, Subpart E. Those provisions were issued under HSWA authority and are
recodified in certain portions of Part 279 (specifically, 279.10, 279.11 and portions of 279.1
and Subparts G and H of Part 279) by the September 10, 1992 rule. Since these provisions
were originally promulgated under HSWA, they remain HSWA requirements and will continue
to be enforced by EPA until a State becomes authorized for them. EPA continues to believe
that the remaining portions of Part 279 are non-HSWA provisions and, as such, do not
become effective in authorized States until individual States adopt these provisions and EPA
grants authorization for them.
On March 4, 1994 EPA, published a final rule (59 FR 1055; Revision Checklist 130) that
further amends the Recycled Used Oil Management Standards. While that rule will be part
of SPA 15, EPA strongly recommends that States adopt Checklists 112, 122 and 130 at one
SUM122.14- 6/28/93
(Primed: 5/3/94)
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
Revision Checklist 122 Summary (cont'd)
time. As such, a checklist consolidating the provisions from all three checklists will be
available shortly after Revision Checklist 130 is available. Additionally, States that choose
to adopt this consolidated version of these standards will have until the due date (July 1,
1995 or July 1, 1996 if a statutory change is necessary) for Revision Checklist 130 to make
these amendments.
The State Revision Application must include applicable regulations, AG statement addendum,
Revision Checklist 122, other associated checklists and other application materials, i.e. a
program description and an MOA, as determined by the Regional office.
Attorney General's Statement Entry: Subsection XX E in the Model Revision Attorney
General's Statement should be revised to read as follows:
E. State statutes and regulations provide used oil management
standards for used oil generators, transporters, processors, re-refiners, burners,
and marketers as indicated in Revision Checklists 112 and 122.
Federal Authority: RCRA §§1004, 1006, 2002, 3001, 3014 and 7004; 40
CFR Parts 260, 261, 266 and 279 as amended September 10, 1992 (57 FR
41566) and May 3, 1993 (58 FR 26420).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
SUM 122.14 -6/28/93
(Printed 5/3/94]
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 122
Recycled Used Oil Management Standards;
Technical Amendments and Corrections I
58 FR 26420-26426
May3, 1993
as amended on June 17, 1993 at 58 FR 33341-33342
{RCRA Cluster III, both HSWA and non-HSWA provisions)
Notes: 1,) This rule corrects several technical errors and provides clarifying amendments to the
recycled used oil management standards rule, published September 10, 1992 (57 FR 41566;
Revision Checklist 112). This rule also corrects an error in the May 20, 1992 Used Oil Filter rule
(57 FR 21524; Revision Checklist 104).
2) On March 4, 1994 EPA published a final rule (59 FR 10550; Revision Checklist 130) which
provided clarifying amendments to the September 10, 1992 final rule, expanded the exemption
from the Part 279 requirements to other petroleum refinery applications and corrected an error in
the May 3, 1993 final rule addressed by this current checklist. States which are not authorized
for Revision Checklist 112 are strongly encouraged to adopt these present technical amendments
and corrections and the ones addressed by Revision Checklist 130 at the same time the
requirements addressed by Revision Checklist 112 are adopted. A checklist which consolidates
the Checklist 112, 122 and 130 provisions has been developed to help States apply for these
three checklists concurrently. That consolidated checklist will be available shortly after Revision
Checklist 130 is available. States that have already adopted Checklist 112 are encouraged to
adopt Revision Checklists 122 and 130 as soon as possible. States that choose to adopt the
consolidated version of the recycled used oil management standards will have until the due date
for Revision Checklist 130 to make these changes.
3) This present rule also amends the rule addressed by Revision Checklist 104, States that have
already adopted that checklist are encouraged to adopt Checklist 122 as soon as possible.
4) The preamble to the September 10, 1992 rule (57 FR 41566; Revision Checklist 112)
indicated none of the provisions of that rule were being promulgated pursuant to HSWA.
Therefore, the Part 279 regulations would not be enforceable in an authorized State until the
State had received authorization for Revision Checklist 112. However, EPA has now determined
that by the addition of Section 3006(h) to RCRA in 1986, it was not Congress's intent to make
the original used oil recycling requirements in 266, Subpart E suddenly unenforceable in
authorized states. 266 Subpart E (November 29, 1985; 50 FR 49164; Revision Checklist 19)
was primarily recodified in certain portions of Part 279 (specifically 279.10, 279.11, and portions
of 279.1 and Subparts G and H) by the September 10, 1992 rule. Since these provisions were
originally promulgated under HSWA, they remain HSWA requirements and will continue to be
enforced by EPA until a State becomes authorized for them. The HSWA provisions changed by
this checklist are designated by a " •" (diamond symbol).
_ „___ „ , „ _ CL122 14 -Ftevwed 3/28/94
May 3, 1993 - Page 1 of 12 Pnm<*. 5/3/94
-------
OSWER DIRECTIVE NO. 9541.00-2
SPA 1
RCRA REVISION CHECKLIST 122: Recycled Used Oil Management Standards;
Technical Amendments and Corrections (cont'd):
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
PART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
SUBPART A - GENERAL
EXCLUSIONS
1 261.4(b)(15)
redesignated as (b)(13)
1 add paragraph
excluding from
regulation used oil re-
refining distillation
bottoms that are used
as feedstock to
manufacture asphalt
products
1 redesignate as
261.4(b)(13)
261.4(b)(13)
261.4(b)(14)
261.4(b)(15)
*
<
SPECIAL REQUIREMENTS FOR HAZARDOUS WASTE GENERATED BY CONDITIONALLY
EXEMPT SMALL QUANTITY GENERATORS
delete "subpart G of"
before "part 279"
261. 5(j)
May 3, 1993-Page 2 of 12
CL122.14 - Ravnod 3/21
Printed 5/;
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 122: Recycled Used Oil Management Standards;
Technical Amendments and Corrections (cont'd);
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
PART 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE
TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SUBPART A - GENERAL
PURPOSE, SCOPE, AND APPLICABILITY
change "261.6(a)(2)
and (3)" to
"261.6(a)(2), (3), and
(4)"; change "that
requirements of this
part" to "they"; add
"part 279 or" before
"subparts"; change
"subparts C, F, G or
H" to "subparts C, D,
F or G" (note, this last
change appears to be
an error; see Endnote
2 for this checklist)
264.1(g)(2)
May 3, 1993-Page 3 of 12
CL122 14 • Revised 3/28/94
Printed 5/3/94
-------
OSWER DIRECTIVE NO. 9541.00-:
SPA 1
RCRA REVISION CHECKLIST 122: Recycled Used Oil Management Standards;
Technical Amendments and Corrections (cont'd);
i
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
PART 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF
HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SUBPART A - GENERAL
PURPOSE, SCOPE, AND APPLICABILITY
2 change "owner and
operator" to "owner or
operator"; change
"261.6{a)(2) and (3)"
to"26l.6(a)(2), (3),
and (4)"; change "that
requirements of this
part" to "they"; add
"part 279 or" before
"subparts"; change
"subparts C, F, G or
H" to "subparts C, D,
F or G" (note, this last
change appears to be
an error; see endnote
2 for this checklist)
265.1(c)(6)
-
4
i
PART 279 - STANDARDS FOR THE MANAGEMENT OF USED OIL
SUBPART A - DEFINITIONS
DEFINITIONS
change "if
contaminated" to "is
contaminated"
279.1 "used oil"
May 3, 1993 - Page 4 of 12
CL122.14 -ReviMd: 3/21
Printed- 5/:
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 122: Recycled Used Oil Management Standards;
Technical Amendments and Corrections (cont'd) .
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
SUBPART B - APPLICABILITY
APPLICABILITY
3,4 change "exhibits a" to
"solely exhibits one or
more of the"; after
"chapter", insert "and
mixtures of used oil
and hazardous waste
that is listed in subpart
D solely because it
exhibits one or more
of the characteristics
of hazardous waste
identified in subpart C"
* change "Regulation" to
"Except as specified in
§ 279.10{b)(2)(iii),
regulation"
4 change "because if" to
"because it"
replace old paragraph
with new heading:
"Materials containing
or otherwise
contaminated with
used oil"
279.10(b)(2)
279.10(b)(2)(ii)
279.10(b)(2)(iii)
279.10(c)
May 3, 1993-Page 5 of 12
CL122.14 - RaviMd- 3/28/94
Printed 5/3/94
-------
OSWER DIRECTIVE NO. 9541.00-2
SPA 1
RCRA REVISION CHECKLIST 122: Recycled Used Oil Management Standards;
Technical Amendments and Corrections (cont'd):
i
FEDERAL REQUIREMENTS
add new
subparagraph; except
as provided in
279.10(c)(2),
materials containing or
otherwise
contaminated with
used oil from which
used oil has been
properly drained or
removed such that no
visible signs of free-
flowing oil remain in or
on material:
are not used oil; not
subject to Part 279
subject to Parts 1 24,
260-266, 268, and
270 if applicable
add new
subparagraph;
materials containing or
otherwise
contaminated with
used oil that are
burned for energy
recovery subject to
Part 279
add new
subparagraph; used oil
drained or removed
from materials
containing or
otherwise
contaminated with
used oil subject to Part
279
FEDERAL RCRA CITATION
279.10(c)(1)
279.10(c)(1)(i)
-
279.10(c)(1)(ii)
279.10(c)(2)
279.10(c)(3)
ANALOGOUS STATE CITATION
\
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
I
May 3, 1993-Page 6 of 12
CL122 14 • FWvMd 3/2a
Pnrt»d 5/3
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 122: Recycled Used Oil Management Standards;
Technical Amendments and Corrections (cont'd) -
FEDERAL REQUIREMENTS
change "or other
products" to "or other
fuel products"
change "identified as
hazardous waste" to
"listed or identified- as
hazardous wastes"
change "Re-refining"
to "Used oil re-
refining"; change
"are:" to "are not
subject to this part."
removed
replace existing
paragraph; change
heading to "Used oil
containing PCBs";
marketers and burners
of used oil containing
quantifiable level of
PCBs subject to 40
CFR 761.20(e) in
addition to Part 279
FEDERAL RCRA CITATION
279.10(d)(1)
279.10(e)(3)(ii)
279.10(e)(4)
279.10(e)(4)(i)&{ii)
279.10(i)
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
USED OIL SPECIFICATIONS
> . after Table 1 , add note
5 regarding applicable
standards for burning
used oil containing
PCBs
279.11, Table 1, note
PROHIBITIONS
add new paragraph;
hazardous waste
incinerators subject to
regulation under
subpart 0 of 264 or
265
279.12(c)(3)
May3, 1993-Page 7 of 12
CL122 14
*vMd 3 28/94
Pnm«d 5/3/94
-------
OSWER DIRECTIVE NO. 9541.00-2<
SPA "U
RCRA REVISION CHECKLIST 122: Recycled Used Oil Management Standards;
Technical Amendments and Corrections (cont'd) ••
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE CITATION
,
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
SUBPART C - STANDARDS FOR USED OIL GENERATORS
HAZARDOUS WASTE MIXING
replace existing
paragraph; mixtures of
used oil and hazardous
waste must be
managed in
accordance with
279.10(b)
279.21 (a)
USED OIL STORAGE
remove first sentence
279.22
ON-SITE BURNING IN SPACE HEATERS
remove old 279.23(b)
and redesignate old
279.23(a) as 279.23
old 279.23(a)(1)
redesignated as
279.23(a)
old 279.23{a)(2)
redesignated as
279.23(b)
old 279.23(a)(3)
redesignated as
279.23(c)
279.23
279.23(a)
279.23(b)
279.23(c)
SUBPART E - STANDARDS FOR USED OIL TRANSPORTER AND TRANSFER FACILITIES
APPLICABILITY
in first sentence,
change "generated by"
to "from" and delete
"from the initial
generator"
delete "of this partuel
Marketers"
279.40(a)(4)
279.40(d)(4)
A
May 3, 1993-Page 8 of 12
CL122.14 -Revmd: 31201
Printed: 5131
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 122: Recycled Used Oil Management Standards;
Technical Amendments and Corrections (cont'd).
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
NOTIFICATION
7 no change to
September 10, 1992
text; see Endnote 7
add "ordering
information for" after
"obtain"
279.42(a)
279.42(b)(1)
USED OIL TRANSPORTATION
change heading to
"DOT Requirements";
replace existing text;
used oil transporters
must comply with all
applicable
requirements under
DOT regulations in 49
CFR 171-180; persons
transporting used oil
that meets definition
of hazardous material
in 49 CFR 171.8 must
comply with all
applicable regulations
in 49 CFR parts 171-
180
279.43(b)
USED OIL STORAGE AT TRANSFER FACILITIES
remove first sentence;
in the third sentence,
change "generators"
to "transporters"
change "."at end of
paragraph to "; or"
add new paragraph
regarding equivalent
secondary
containment system
279.45
279.45(d)(1)(ii)
279.45(d)(1)(iii)
May3, 1993-Page 9 of 12
CL122.14 - Revised: 3/28/94
Printed: 5/3/94
-------
OSWER DIRECTIVE NO. 9541.00-21
SPA 1<
RCRA REVISION CHECKLIST 122: Recycled Used Oil Management Standards;
Technical Amendments and Corrections (cont'd)'.
I
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE CITATION
\
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
SUBPART F - STANDARDS FOR USED OIL PROCESSORS AND RE-REFINERS
NOTIFICATION
7 no change to
September 10, 1992
text; see Endnote 7
279.51 (a)
GENERAL FACILITY STANDARDS
change "paragraph
(h)" to "paragraphs
(b)(6)(viii){A) and (B)"
279.52(b)(6Mviii)(C)
USED OIL MANAGEMENT
remove first sentence;
in the third sentence,
change "generators"
to "processors/re-
refiners"
remove "or process"
change "." to "; or" at
end of paragraph
add new paragraph
regarding equivalent
secondary
containment system
279.54
279.54(a)
279.54(c)(1)(ii)
279.54(c)(1)(iii)
•
/
(
1
SUBPART G - STANDARDS FOR USED OIL BURNERS WHO BURN OFF-SPECIFICATION USED
OIL FOR ENERGY RECOVERY
APPLICABILITY
change "this subpart"
to "with subpart"
279.60(b)(1)
NOTIFICATION
,7 no change to
September 10, 1992
text; see Endnote 7
279.62(a)
May 3, 1993-Page 10 of 12
CL122.14 -HaviMd- 3/28
Printed- 5/3
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 122: Recycled Used Oil Management Standards;
Technical Amendments and Corrections (cont'd) •'
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
USED OIL STORAGE
remove first sentence;
in third sentence,
change "generators"
to "burners"
279.64
SUBPART H - STANDARDS FOR USED OIL MARKETERS
APPLICABILITY
change "section" to
"subpart"
279.70(a)
ON-SPECIFICATION USED OIL FUEL
remove last sentence
279.72(a)
.
NOTIFICATION
,8 change "section" to
"subpart"; rest of text
unchanged; see
Endnote 8)
279.73(a)
TRACKING
change "generator" to
"marketer"
279.74(a)
These changes correct an error in the May 20, 1992 final rule (57 FR 21534, Revision
Checklist 104) by redesignating the subparagraphs sequentially. The exclusion for non-terne
plated used oil filters was added by the May 20, 1992 rule as subparagraph (b)(15) of
§ 261.4 even though EPA had not yet promulgated subparagraphs (b)(13) or (b)(14).
This May 3, 1993 final rule inadvertently removes a correction made by the August 25, 1992
Federal Register (57 FR 38558, Revision Checklist 111). The August 25, 1992 rule changed
"subparts C, D, F, or G" to "subparts C, F, G, or H"; the May 3, 1993 rule lists the old
version of these internal references. The correct reference is as shown in the August 25,
1992 rule. States may want to not make this change.
There are two typographical errors in this paragraph in the May 3, 1993 Federal Register. The
heading "Characteristic hazardous waste" should be in italics, as it appeared in the September
10, 1992 final rule (57 FR 41566, Revision Checklist 112). "Hazardous waste characteristic"
May3, 1993-Page 11 of 12
CL122.14 -R»v««d. 3/28/94
Printed: 5/3/94
-------
OSWER DIRECTIVE NO. 9541.00-:
SPA 1
RCRA REVISION CHECKLIST 122: Recycled Used Oil Management Standards;
Technical Amendments and Corrections (cont'd),
should be "hazardous waste characteristics" to reflect the possibility of more than one (
characteristic.
4 There is an error in the Federal Register: according to EPA, "who market" should be "who
market or burn".
5 States are not required to adopt notes, but a State may want to include an analog to this
note, for clarity.
® The May 3, 1993 Federal Register does not correctly indicate the text to be removed. The
text in error in the September 10, 1992 Federal Register (57 FR 41566, Revision Checklist
112) is "of this partuel Marketers", not "of the partial Marketers" as the May 3, 1993 notice
indicates. This phrase should be removed.
7 The May 3, 1993 (58 FR 26420) rule changed the text found in the September 10, 1992 rul<
(57 FR 41566; Revision Checklist 112), to include renotification. However, the June 17,
1993 (58 FR 33341) rule changed the text back to the original wording in the September 10
1992 rule.
8 The May 3, 1993 (58 FR 26420) Federal Register shows two different changes to this
paragraph. Only the first change (revision 43) correcting the wording found in the Septembe
10, 1992 (57 FR41566, Revision Checklist 112) version of the paragraph should be made.
While the May 3, 1993 (58 FR 26420) rule changed the rest of the text so that renotificatior
was required, the June 17, 1993 (58 FR 33341) rule changed the text back to that found inj
the September 10, 1992 rule. "
CL122.14 - Reviud 3/21
May 3, 1993 - Page 12 of 11 Pnm^ s/.
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
Revision Checklist 123 Summary
Rule Title: Land Disposal Restrictions; Renewal of the Hazardous Waste
Debris Case-by-Case Capacity Variance
Checklist Title: Land Disposal Restrictions; Renewal of the Hazardous Waste
Debris Case-by-Case Capacity Variance
Reference: 58 FR 28506-28511
Promulgation Date: May 14, 1993
Effective Date: May 8, 1993
Cluster: RCRA Cluster III
Provision Type: HSWA
Linkage: Revision Checklists 78, 83, 103, 116
Optional: No
Summary: This is the fifth rule addressing hazardous debris and soil contaminants with Third
Third wastes. Revision Checklist 78 (55 FR 22520; June 1, 1990) established a national
capacity variance for certain hazardous waste soil and debris at 268.35(e). Revision Checklist
83 (56 FR 3864; January 31, 1991) amended 268.35(d) to also address mixed radioactive
hazardous waste and amended 268.35(e) to address additional wastes. Revision Checklist
103 (57 FR 20766; May 15,1992) established a case-by-case extension, until May 8,1993,
for contaminated debris only. Revision Checklist 116 (57 FR 47772; October 20, 1992),
which added a case-by-case variance for certain hazardous soils, also clarified that the case-*
by-case extension for hazardous debris also included wastes mixed with radioactive hazardous
waste. This current rule extends, until May 8, 1994, the case-by-case extension for
hazardous debris granted by the May 15, 1992 final rule. However, only debris and mixed
radioactive/hazardous debris contaminated with wastes listed in 268.12 and/or any
characteristic waste for which treatment standards are established in Subpart D of Part 268
are included in this extension. No further variance or extension of the LDR effective dates for
hazardous debris can be given after May 8, 1994. This final rule also amends the case-by-
case extension for contaminated soils by clarifying that the extension granted on October 20,
1992 applied only to soils regulated under the Third Third Land Disposal Restriction Rule.
States that have already adopted any of the previous rules addressing hazardous debris and
soil should adopt this rule as soon as possible. States that have not adopted Third Third
regulations should adopt this rule when adopting the other Third Third rules.
State Authorization: This rule is placed in RCRA Cluster III. The State modification deadline
is July 1, 1994 (or July 1, 1995 if a State statutory change is necessary). All changes go
into effect immediately because this rule was promulgated under HSWA authorities. Both
interim and final authorization are available. Interim authorization expires January 1, 2003.
The State revision application must include applicable regulations, an AG statement
addendum, Revision Checklist 123, other associated checklists and other application
materials, i.e. a program description and an MOA, as determined by the Regional office.
Attorney General's Statement Entry: The following entry should replace the entry at
Subsection XXI I in the Model Revision Attorney General's Statement.
SUM123.14-6/15/93
[Primed: 3/28/94]
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
Revision Checklist 123 Summary (cont'd)
I. State statutes and regulations provide an extension of the land
disposal restriction effective date for hazardous waste debris until May 8,
1994, as indicated in Revision Checklists 103, 116, and 123.
Federal Authority: RCRA §3004(h)(3); 40 CFR 268.35(c)-(e) as amended May
15, 1992 (57 F_R 20766), October 20, 1992 (57 FR 47772), and May 14,
1993 (58 FR 28506).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
The following entry should replace the entry at Subsection XXI N of the Model Revision
Attorney General's Statement:
N. State statutes and regulations provide a case-by-case extension
of the land disposal effective date until May 8, 1994 for third Third hazardous
soils whose best demonstrated available technology (BOAT) was incineration,
retorting or vitrification, as well as for Third Third' soils contaminated with
radioactive mixed waste as indicated in Revision Checklists 116 and 123.
Federal Authority: RCRA §3004(h)(3); 40 CFR 268.35(c)-(e) as amended
October 20, 1992 (57 FR 47772) and May 14, 1993 (57 FR 28506).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
SUM! 23.14-6/15/93
(Printed: 3/28/94]
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 123
Land Disposal Restrictions;
Renewal of the Hazardous Waste Debris Case-by-Case Capacity Variance
58 FR 28506-28511
May 14, 1993
(RCRA Cluster III, HSWA provisions)
Notes: 1) This is the fifth rule addressing hazardous debris and soil contaminants with Third
Third wastes. Revision Checklist 78 (55 FR 22520; June 1, 1990) established a national
capacity variance for certain hazardous waste soil and debris at 268.35. Revision Checklist 83
(56 FR 3864; January 31, 1991) amended 268.35(d) to also address mixed radioactive
hazardous waste and amended 268.35(e) to address additional wastes. Revision Checklist 103
(57 FR 20766; May 15, 1992) established a case-by-case extension, until May 8, 1993, for
contaminated debris only. Revision Checklist 116 (57 FR 47772; October 20, 1992) clarified
that the case-by-case extension applied to mixed radioactive hazardous waste. This current rule
extends, until May 8, 1994, the case-by-case extension for hazardous debris promulgated by the
October 20, 1992 final rule. It also clarifies the extension by addressing mixed radioactive
hazardous waste debris separately from other debris. The case-by-case extension for hazardous
soil retains the May 8, 1993 deadline as specified in the October 20, 1992 rule, but is also
clarified. States that have already adopted any of the previous rules addressing hazardous debris
and soil should adopt this rule as soon as possible. States that have not adopted Third Third
regulations should adopt this rule when adopting the other Third Third rules.
2) Although reprinted in the final rule addressed by this checklist, the 268.35(e) introduction did
not change and was not included on this checklist.
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
PART 268 - LAND DISPOSAL RESTRICTIONS
SUBPART C - PROHIBITIONS ON LAND DISPOSAL
WASTE SPECIFIC PROHIBITIONS-THIRD THIRD WASTES
change "1993" to
"1994"; delete
"268.10, 268.11,
and"; in two places.
delete parenthetical
phrase regarding
mixed radioactive
hazardous wastes; add
"are" after "treatment
standards"
268.35(e)(1)
May 14, 1993-Page 1 of 4
CL123 14 - Revised: 05/18/93
Printed: 3/28/94
-------
OSWER DIRECTIVE NO. 9541.00-J
SPA 1
RCRA REVISION CHECKLIST 123: Land Disposal Restrictions;
Renewal of the Hazardous Waste Debris Case-by-Case Capacity Variance (cont'd)
FEDERAL REQUIREMENTS
redesignate old
268.35(e)(2) text as
268.35(e)(4); add new
paragraph; effective
May 8, 1994, mixed
radioactive hazardous
debris contaminated
with 268.12 wastes
and mixed radioactive
hazardous debris
contaminated with any
characteristic waste
for which Subpart D
treatment standards
are established are
prohibited from land
disposal
FEDERAL RCRA CITATION
-
268.35(e)(2)
ANALOGOUS STATE CITATION
STATE ANALOG IS: '
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
May 14, 1993 - Page 2 of 4
CL123 14 - n».a«d 06/11
Pnnud- 3/21
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 123: Land Disposal Restrictions;
Renewal of the Hazardous Waste Debris Case-by-Case Capacity Variance (cont'd)
FEDERAL REQUIREMENTS
add new paragraph;
268.35(e)(1)&(2) do
not apply where
generator has failed to
make good-faith effort
to locate suitable
treatment capacity.
has not utilized such
capacity as it has
found to be available,
or has failed to file a
report under 268. 5(g),
by August 1 2, 1 993
or within 90 days after
hazardous waste is
generated, describing
generator's efforts to
locate treatment
capacity; where
268.35(e)(1)&(2) do
not apply, all wastes
described in
268.35(e)(1)&(2) are
prohibited from land
disposal effective May
8, 1993
old 268.35(e)(2) text
redesignated as
268.35(e)(4); after
"hazardous soil" insert
"contaminated with
wastes specified in
this section"
add new paragraph;
when used in
268.35(e)(1)&(2),
debris defined as:
as defined in 268. 2(g)
FEDERAL RCRA CITATION
268.35(e)(3)
268.35(e)(4)
268.35(e)(5)
268.35{e)(5)(i)
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
May 14, 1993-Page 3 of 4
CL123.14
R«vMd 06/18/93
Pmt*d 3/28/94
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OSWER DIRECTIVE NO. 9541.00-2
SPA 1
RCRA REVISION CHECKLIST 123: Land Disposal Restrictions;
Renewal of the Hazardous Waste Debris Case-by-Case Capacity Variance (cont'd)
i
FEDERAL REQUIREMENTS
nonfriable inorganic
solids that are
incapable of passing
through a 9.5 mm
standard sieve that
require cutting, or
crushing and grinding
in mechanical sizing
equipment prior to
stabilization, limited to
the inorganic or metal
materials specified in
268.35(e)(5)(ii)(A)-(H)
FEDERAL RCRA CITATION
268.35(e)(5)(ii)
268.35(e)(5)(ii)(A)
268.35(e)(5)(ii)(B)
268.35(e)(5)(ii)(C)
268.35(e)(5)(ii)(D)
268.35(e)(5)(ii)(E)
268.35(e)(5)(ii)(F)
268.35(e)(5)(ii)(G)
268.35(e)(5)(ii)(H)
ANALOGOUS STATE CITATION
\
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
May 14, 1993 - Page 4 of 4
CL123.14 -RcviMd: 05/18
Printed: 3/28
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OSWER DIRECTIVE NO. 9541.00-20
SPA 14
Revision Checklist 124 Summary
Rule Title: Land Disposal Restrictions for Ignitable and Corrosive
Characteristic Wastes Whose Treatment Standards Were
Vacated
Checklist Title: Land Disposal Restrictions for Ignitable and Corrosive
Characteristic Wastes Whose Treatment Standards Were
Vacated
Reference: 58 PR 29860-29887
Promulgation Date: May 24, 1993
Effective Date: May 10, 1993
Cluster: RCRA Cluster III
Provision Type: HSWA
Linkage: Checklists 78,83
Optional: No
Summary: This rule amends the land disposal restriction treatment standards for certain
ignitable (EPA Hazard code D001) and corrosive wastes (EPA hazard Code D002) that are not
managed: 1) in centralized waste water treatment systems subject to the Clean Water Act
(CWA), 2) in Class I injection wells regulated under the Safe Drinking Water Act, or 3) by a
zero discharger with a waste water treatment equivalent to that used by CWA dischargers,
prior to land disposal. While the requirement of deactivation to remove the hazardous
characteristic is retained, this rule also sets numerical treatment standards. Alternate
treatment standards are promulgated for incineration, fuel substituting, and recovery of
organics for ignitable wastes. Precautionary measures are also established to prevent
emissions of volatile organic constituents of violent reactions during the process of diluting
ignitable reactive wastes. Finally, a 3-month national capacity variance for persons affected
by this interim final rule is included in this notice. An extension (until February 10, 1994) is
granted for persons disposing of affected waste in certain Class V UIC wells. These actions
are being taken to comply with the September 25,1992 decision of the U.S. Court of Appeals
[Chemical Waste Management vs. EPA, 976 F.2d 2 (D.C. Cir. 1992)] which vacated these
treatment standards. Without replacement of these standards, land disposal of these wastes
would be prohibited.
/
State Authorization: This rule is placed in RCRA Cluster III. The State modification deadline
is July 1, 1994 (or July 1, 1995 if a State statutory change is necessary). All changes go
into effect immediately because this rule was promulgated under HSWA authorities. Both
interim and final authorization are available. Interim authorization expires January 1, 2003.
The State revision application must include applicable regulations, an AG statement
addendum. Revision Checklist 124, other associated checklists and other application
materials, i.e. a program description and an MOA, as determined by the Regional office.
Attorney General's Statement Entry: The following entry should be inserted at Subsection
XXI O of the Model Revision Attorney General's Statement.
O. State statutes and regulations include land disposal restrictions
and treatment standards for certain ignitable and corrosive characteristic
i
SUM 124.14-6/24/93
[Printed: 3/28/94]
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OSWER DIRECTIVE NO. 9541.00-20
SPA 14
• Revision Checklist 124 Summary (cont'd) :
I
wastes whose treatment standards were vacated, as indicated in Revision
Checklist 124.
Federal Authority: RCRA §3004(d),(e)&(g); 40 CFR 268.37 as amended on
May 24, 1993 (58 FR 29860).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
SUM 124.14-6/24/93
I Printed: 3/28/94)
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OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 124
Land Disposal Restrictions for Ignitable and Corrosive Characteristic Wastes
Whose Treatment Standards Were Vacated
58 FR 29860-29887
May 24, 1993
{RCRA Cluster III, HSWA provisions)
Note: This Revision Checklist amends the treatment standards under the land disposal
restrictions program for certain wastes displaying the characteristics of ignitability (EPA Hazard
Code D001) and corrosivity (EPA Hazard Code D002). The treatment standards for these wastes
were vacated by the September 25, 1992, decision of the U.S. Court of Appeals [Chemical
Waste Management vs. EPA, 976 F.2d 2 (D.C. Cir. 1992)]. Without this replacement of these
standards, land disposal of these wastes would be prohibited.
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
PART 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE
TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SUBPART A - GENERAL '
PURPOSE, SCOPE AND APPLICABILITY
change "." to ","; add
phrase regarding
compliance with
264.17(b) if owner or
operator is diluting
hazardous ignitable
wastes or corrosive
wastes to remove the
characteristic before
land disposal
264.1(g)(6)
May 24, 1993 - Page 1 of 9
CL124.14
R*v»od. 06/02/93
Printed 3/28/94
-------
OSWER DIRECTIVE NO. 9541.00-1
SPA 1
RCRA REVISION CHECKLIST 124: Land Disposal Restrictions for Ignitable and
Corrosive Characteristic Wastes Whose Treatment Standards Were Vacated (cont'd)
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE CITATION
\
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
PART 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF
HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SUBPART A - GENERAL
PURPOSE, SCOPE AND APPLICABILITY
change "." to ","; add
phrase regarding
compliance with
265.17(b) if owner or
operator is diluting
hazardous ignitable
wastes or corrosive
wastes to remove
characteristic before
land disposal
265.1(0(10)
PART 268 - LAND DISPOSAL RESTRICTIONS
SUBPARTA - GENERAL
1 PURPOSE, SCOPE AND APPLICABILITY
add new paragraph; de
minim fs losses to
wastewater treatment
systems of commercial
chemical product or
chemical intermediates
that are ignitable or
corrosive, and that
contain underlying
hazardous constituents
as defined in 268.2,
are not considered to
be prohibited wastes;
de minimis defined
268.1(e)(4)
May 24, 1993 - Page 2 of 9
CL124.U - RaviMd- 06/C
Printed. 3/2
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OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 124: Land Disposal Restrictions for Ignitable and
Corrosive Characteristic Wastes Whose Treatment Standards Were-Vacated (cont'd)
FEDERAL REQUIREMENTS
add new paragraph;
land disposal
prohibitions do not
apply to laboratory
wastes displaying the
characteristic of
ignitability or
corrosivity that are
commingled with other
plant wastewaters
under designated
circumstances: such
wastes at facilities
whose ultimate
discharge is subject to
regulation under the
CWA, provided the
annualized flow of
laboratory wastewater
into facility's
headwork does not
exceed 1%, or
provided that the
laboratory wastes'
combined annualized
average concentration
does not exceed one
part per million in the
facility's headwork
FEDERAL RCRA CITATION
•
268.1(e)(5)
ANALOGOUS STATE CITATION
STATE ANALOG IS
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
•
DEFINITIONS APPLICABLE IN THIS PART
add new paragraph;
definition of
"underlying hazardous
constituent"
268.2(i)
May 24, 1993 - Page 3 of 9
CL124.14 - R»vMd: 06/02/93
Printed: 3/28/94
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OSWER DIRECTIVE NO. 9541.00-:
SPA 1
RCRA REVISION CHECKLIST 124: Land Disposal Restrictions for Ignitable and
Corrosive Characteristic Wastes Whose Treatment Standards Were Vacated (cont'd)
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
WASTE ANALYSIS AND RECORDKEEPING
in two places, delete
"of this part," after
"268.32"; add "of this
chapter" after
"appendix II" and after
"subpart C"; add
sentence at end
regarding what the
generator must do if
he determines that his
waste displays
characteristic of
ignitability or
corrosivity and is
prohibited under
268.37
2 change "F039 and" to
"F039,"; after
"3004(d)" add ", and
for underlying
hazardous constituents
(as defined in § 268.2
of this part), in D001
and D002 wastes if
those wastes are
prohibited under
§268.37 of this part"
2 change "F039 and" to
"F039,"; after
"3004(d)" add ", and
for underlying
hazardous constituents
(as defined in § 268.2
of this part), in D001
and D002 wastes if
those wastes are
prohibited under
§268.37 of this part"
268.7(a)
268.7(a)(1)(ii)
268.7(b)(4)(ii)
•*.
(
i
May 24, 1993 - Page 4 of 9
CL124.U - Revised 06/1
Printed 3/
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OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 124: Land Disposal Restrictions for Ignitable and
Corrosive Characteristic Wastes Whose Treatment Standards Were1-Vacated (cont'd)
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
SPECIAL RULES REGARDING WASTES THAT EXHIBIT A CHARACTERISTIC
add new sentence at
end; if generator
determines that his
waste displays
characteristic of
ignitability (and is not
in the High TOC
Ignitable Liquid
Subcategory or is not
treated by INCIN,
FSUBS or RORGS of
§ 268.42, Table 1) or
corrosivity and is
prohibited under
268.37, generator
must determine what
underlying hazardous
characteristics are
reasonably expected to
be present in the
waste
•
268. 9(a)
; -
May 24, 1993-Page 5 of 9
CL124.14
• RaviMd: 06/02/93
Printed: 3/28/94
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OSWER DIRECTIVE NO. 9541.00-3
SPA 1
RCRA REVISION CHECKLIST 124: Land Disposal Restrictions for Ignitable and
Corrosive Characteristic Wastes Whose Treatment Standards Were Vacated (cont'd)
t
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
SUBPART C - PROHIBITIONS ON LAND DISPOSAL
WASTE SPECIFIC PROHIBITIONS-IGNITABLE AND CORROSIVE CHARACTERISTIC WASTES
WHOSE TREATMENT STANDARDS WERE VACATED
effective August 9,
1993, wastes
specified in 261.21 as
D001 (and not in the
High TOC Ignitable
Liquids subcategory)
and in 261.22 as
D002 that are
managed in systems
other than those
whose discharge is
regulated under the
CWA or that inject in
Class 1 deep wells
regulated under the
SDWA or are zero
dischargers that
engage in CWA-
equivalent treatment
before ultimate land
disposal, are prohibited
from land disposal;
CWA-equivalent
treatment defined
268.37(a)
(
^
May 24, 1993 - Page 6 of 9
CL124 14
l*vaod 06/0
Pnmcd 3/2
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OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 124: Land Disposal Restrictions for Ignitable and
Corrosive Characteristic Wastes Whose Treatment Standards Were-Vacated (cont'd)
FEDERAL REQUIREMENTS
effective February 10,
1 994, wastes
specified in 261.21 as
D001 (and not in the
High TOC Ignitable
Liquids subcategory)
and in 261.22 as
D002 that are
managed in systems
defined in 40 CFR
144.6(e) and 146.6(e)
as Class V injection
wells that do not
engage in CWA-
equivalent treatment
before injection are
prohibited from land
disposal
FEDERAL RCRA CITATION
268.37(b)
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
•
SUBPART D - TREATMENT STANDARDS
APPLICABILITY OF TREATMENT STANDARDS
add commas before
and after "or
hazardous debris for
which a treatment
technology is specified
under § 268.45";
add sentence at end-
for waste displaying
characteristic of
ignitability and
reactivity that are
diluted to meet
deactivation treatment
standard in 268.42(a)
Tables 1 & 2, the
treater must comply
with precautionary
measures specified in
264.17(b)and
265.17(b)
268.40(b)
*
May 24, 1993 - Page 7 of 9
CL124.14 -RvvMd OO/02/93
3/28/94
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OSWER DIRECTIVE NO. 9541.00-21
SPA 1-
RCRA REVISION CHECKLIST 124: Land Disposal Restrictions for Ignitable and
Corrosive Characteristic Wastes Whose Treatment Standards Were'-Vacated (cont'd)
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
I
ANALOGOUS STATE CITATION
\
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
TREATMENT STANDARDS EXPRESSED AS CONCENTRATIONS IN WASTE EXTRACT
revise Table CCWE
entry for F039; add
"(and D001 and D002
wastes prohibited
under § 268.37)" after
"F039" in first column;
in third column, add
"Table 2 in 268.42,
and" before "Table
CCW"
268.41{a}, Table
CCWE
TREATMENT STANDARDS EXPRESSED AS SPECIFIED TECHNOLOGIES
Revise Table 2 as
shown at 58 FR
29886
268.42(a), Table 2
• ,
TREATMENT STANDARDS EXPRESSED AS WASTE CONCENTRATIONS
revise Table CCW
entry for F039; add
"(and DOOT and D002
wastes prohibited
under § 268.37)" after
"F039" in first column;
in third column, add
"Table 2 in 268.42,
and" before "Table
CCWE"
268.43(a), Table CCW
1
PART 270 - EPA ADMINISTERED PERMIT PROGRAMS:
PROGRAM
THE HAZARDOUS WASTE PERMIT
SUBPART D - CHANGES TO PERMIT
PERMIT MODIFICATION AT THE REQUEST OF THE PERMITTEE
remove second item
designated as B(1)(b);
redesignate item
B(1)(c) as B(1)(d); add
new B(1)(c) as shown
at 58 FR 29887
270.42 Appendix I
I
May 24, 1993 - Page 8 of 9
CL124.14 - R*vmd: 06/02;
Printed: 3/28.
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OSWER DIRECTIVE NO. 9541.00-20
SPA 14
RCRA REVISION CHECKLIST 124: Land Disposal Restrictions for Ignitable and
Corrosive Characteristic Wastes Whose Treatment Standards Were Vacated (cont'd)
There is a typographical error in title of this section as printed in the Federal Register:
"scope/and" should be "scope and". States should retain the correct title as it appears in the
CFR.
There is a typographical error in the Federal Register; "reactive cyanides" should appear in
italic type as it does in the CFR.
_, .___ _ _ ,_ CU 24.14-R»vi««d: 06/02/93
May 24, 1993 - Page 9 of 9 P™*.* 3/28/94
-------
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ATTACHMENT B
Updates to the
State Authorization Manual (SAM)
\
-------
-------
Model Revision Attorney General's Statement
The following pages (numbered 9 through 63)
should replace pages 9 through 58 of
SAM Appendix E
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OSWER DIRECTIVE NO. 9541.00-20
SPA 14
MODEL REVISION ATTORNEY GENERAL'S STATEMENT FOR FfMAL
AUTHORIZATION FOR CHANGES TO THE FEDERAL
RCRA PROGRAM FROM JANUARY 1983 THROUGH
JUNE 1993
I hereby certify, pursuant to my authority as and in accordance with Section
3006(b) of the Resource Conservation and Recovery Act, as amended by the Hazardous and
Solid Waste Amendments of 1984 (42 USC 6901 et sea.), and 40 CFR 271 that in my opinion
the laws of the State [Commonwealth] of provide adequate authority to carry
out the revised program set forth in the revised "Program Description" submitted by the [State
Agencvl. The specific authorities provided are contained in statutes or regulations lawfully
adopted at the time this Statement is signed and which are in effect now [shall be fully
effective by ], as specified below. These authorities and this certification
supplement [or supercede (and indicate how supercede)] the previously certified authorities
described in my [or my predecessors] certification(s) of (date or dates).
Please add an explanation of how the Revision Attorney General's Statement you are
submitting relates to any prior Attorney General's Statements you have submitted.
I. IDENTIFICATION AND LISTING
A. State statutes and regulations contain lists of hazardous waste which encompass all
wastes controlled under the following Federal regulations as indicated in the designated
Revision Checklists:
(1) Chlorinated aliphatic hydrocarbons, 40 CFR 261.31 and Part 261 Appendices VII
and VIII as amended February 10, 1984 [49 FR 5308], Revision Checklist 4.
1 (2) [OPTIONAL: This is a reduced requirement.] Warfarin and zinc phosphide
listing, 40 CFR 261.33(e) and (f) as amended May 10, 1984 [49 FR 19923],
Revision Checklist 7.
(3) TDI, DNT and TDA wastes, 40 CFR 261.32, 261.33(f), and Part 261
Appendices ill, VII and VIII as amended October 23, 1985 [50 FR 42936],
Revision Checklist 18.
(4) Spent solvents, 40 CFR 261.31, as amended December 31, 1985 [50 FR
53319] and January 21, 1986 [51 FR 2702], Revision Checklist 20.
(5) EDB wastes, 40 CFR 261.32 and Part 261 Appendices II, III and VIII, as
amended February 13, 1986 [51 FR 5330], Revision Checklist 21.
(6) Four spent solvents, 40 CFR 261.31, 261.33(f), and Part 261 Appendices III, VII
and VIII as amended February 25, 1986 [51 FR 6541], Revision Checklist 22.
1The phrase "OPTIONAL: This is a reduced requirement" is used to indicate provisions that
either are less stringent or reduce the scope of the program. Any State which adopts an
"optional" requirement must ensure that it is at least as stringent as the Federal requirement.
AGREV14 - 5/03/94
IPmtvd: 5/3/94I
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OSWER DIRECTIVE NO. 9541.00-20
SPA 14
(7) [OPTIONAL: This is a reduced requirement.] Listing of spent pickle liquor from
steel finishing operations, 40 CFR 261.32, as amended May 28, 1986 [51 FR
19320] and September 22, 1986 [51 FR 33612], Revision Checklist 26.
(8) Listing of commercial chemical products and Appendix VIII constituents, 40 CFR
261.33 and Part 261 Appendix VIII, as amended August 6, 1986 [51 FR
28296], Revision Checklist 29; as amended July 10, 1987 [52 FR 26012],
Revision Checklist 41; and as amended April 22, 1988 [53 FR 13382], Revision
Checklist 46.
(9) EBDC wastes, 40 CFR 261.32 and Part 261 Appendices III and VII, as amended
on October 24, 1986 [51 FR 37725], Revision Checklist 33.
(10) Listing of spent potliners from aluminum reduction (K088), 40 CFR 261.32 and
Part 261 Appendix VII, as amended September 13, 1988 [53 FR 35412],
Revision Checklist 53.
(11) [OPTIONAL: This is a reduced requirement.] Generic delisting of iron dextran
(CAS No. 9004-66-4), 40 CFR 261.33(f) and Part 261 Appendix VIII, as
amended October 31, 1988 [53 FR 43878], Revision Checklist 56.
(12) [OPTIONAL: This is a reduced requirement.] Generic delisting of strontium
sulfide (CAS No. 1314-96-1), 40 CFR 261.33(e) and Part 261 Appendix VIII, as
amended October 31, 1988 [53 FR 43881] and February 25, 1991 [56 FR
7567], Revision Checklists 57 and 86.
(13) Listing of two wastes (K131 and K132) generated during the production of
methyl bromide, 40 CFR 261.32 and 261 Appendices III and VII, as amended
October 6, 1989 [54 FR 41402], Revision Checklist 68.
(14) Listing of one generic category (F025) of waste generated during the
manufacture of chlorinated aliphatic hydrocarbons by free radical catalyzed
processes and amending F024, 40 CFR 261.31 and 261 Appendix VII; adding
one toxicant to 261 Appendix VIII; as amended December 11, 1989 [54 FR
50968], Revision Checklist 69.
(15) [OPTIONAL: This is a reduced requirement.] Amendments to the F019
hazardous waste listing to exclude wastewater treatment sludges from zirconium
phosphating in aluminum can washing, when such phosphating is an exclusive
conversion coating process, 40 CFR 261.31, as amended February 14, 1990 [55
FR 5340], Revision Checklist 72.
(16) Listing of four wastes (K107-K110) generated during the production of 1,1-
dimethylhydrazine (UDMH) from carboxylic acid hydrazides, 40 CFR 261.31 and
Part 261 Appendices III and VII, as amended May 2, 1990 [55 FR 18496],
Revision Checklist 75.
(17) Listing of one waste (F039), 40 CFR 261.31 and Pan; 261 Appendix VII, as
amended June 1, 1990 [55 FR 22520] and January 31, 1991 [56 FR 3864],
Revision Checklists 78 and 83.
AGREV14-5/03/94
1 0 (Pmtcd: 6/3/941
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OSWER DIRECTIVE NO. 9541.00-20
SPA 14
(18) Listing of two wastes (F037 and F038) generated in the separation of
bil/water/solids from petroleum refinery process wastewaters and oily cooling
wastewaters, 40 CFR 261.31 and Part 261 Appendix VII, as amended November
2, 1990 [55 FR 46354] and December 17, 1990 [55 FR 51707], Revision
Checklist 81.
(19) Listing of three wastes (F032, F034 and F035) from wood preserving operations
that use chlorophenolic, creosote and/or inorganic (arsenical and chromium)
preservatives, 40 CFR 261.31, and 261 Appendices III, VII and VIII, as amended
December 6, 1990 [55 FR 50450], Revision Checklist 82.
(20) [OPTIONAL: This is a reduced requirement.] Administrative stay removing, from
the K069 listing, slurries generated from air pollution control devices that are
intended to capture acid gases and are not dedicated chiefly to control
paniculate air emissions, 40 CFR 261.32, as amended May 1, 1991 [56 FR
19951], Revision Checklist 88.
(21) [OPTIONAL: This is a reduced requirement.] Redefinition of F037 and F038
listings to exclude 1) sludges from non-contact once-through cooling waters
from both listings and 2) floats generated in aggressive biological treatment units
from the F038 listing, 40 CFR 261.31 as amended May 13, 1991 [56 FR
21955], Revision Checklist 89.
(22) [OPTIONAL: This is a reduced requirement.] Administrative stay, from June 13,
1991 to December 24, 1992, of F032, F034 and F035 listings regarding 1)
wastewaters that have not come into contact with process contaminants and 2)
plants that have previously used chlorophenolic formulations, 40 CFR 261.31 as
amended June 13, 1991 [56 FR 27332] and December 24, 1992 [57 FR
61492], Revision Checklists 91 and 120.
(23) Listing of seven wastes (K141, K142, K143, K144, K145, K147, and K148)
generated.during the production, recovery and refining of coke by-products
produced from coal, 40 CFR 261.32, and Part 261 Appendix VII as amended
August 18, 1992 [57 FR 37284], Revision Checklist 110.
(24) Listing of three wastes (K149, K150, and K151) from the production of
chlorinated toluenes, 40 CFR 261.32 and Part 261 Appendix VII, as amended
October 15, 1992 [57 FR 47376], Revision Checklist 115.
(25) [OPTIONAL: This is a reduced requirement.] Exceptions to listings of F032,
F034, and F035 for wastewaters that have not come into contact with process
contaminants, 40 CFR 261.31 as amended December 24, 1992 [57 FR 61492],
Revision Checklist 120.
(26) [OPTIONAL: This is a reduced requirement.] Exception to listing of F032 for
potentially cross-contaminated wastes that are otherwise currently regulated as
hazardous wastes (i.e., F034 or F035), and where the generator does not
reserve or initiate the use of chlorophenolic formulations, 40 CFR 261.31 as
amended December 24, 1992 [57 FR 61492], Revision Checklist 120.
AGREV14 - 5/03-94
IPrnted 5.3.941
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OSWER DIRECTIVE NO. 9541.00-20
SPA 14
Federal Authority: RCRA §3001 (b).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
B. State statutes and regulations define hazardous waste so as to control the
generation, transportation, treatment, storage and disposal of hazardous waste produced by
small quantity generators of between 100 and 1000 kilograms/month as indicated in Revision
Checklist 23 (which supercedes prior amendments by Revision Checklist 17 A) and Revision
Checklist 47 (providing technical corrections to Checklist 23). State statutes and regulations
also require small quantity generators to certify good faith efforts to minimize waste generation
and to select the best available and affordable treatment, storage or disposal alternatives, 40
CFR Part 262 as amended October 1, 1986 [51 PR 35190], Revision Checklist 32 (see Item IX
below).
Federal Authority: RCRA §3001 (d); 40 CFR Parts 260-263 and 270 as amended March 24,
1986 (51 FR 10146), October 1, 1986 (51 FR 35190), and July 19, 1988 (53 FR 27162).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
C. [This requirement applies only if States have a delisting mechanism. This
requirement is NOT OPTIONAL for such States.] State statutes and regulations provide
authority to delist hazardous waste as indicated in Revision Checklist 17 B.
(1) State statutes and regulations require that before deciding to delist a waste, the
State must consider whether any listing factor (including additional constituents)
other than those for which the waste was listed would cause the waste to be
hazardous.
Federal Authority: RCRA §3001 (f)(1); 40 CFR 260.22 as amended July 15, 1985 (50 FR
28702) and June 27, 1989 (54 FR 27114).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
(2) State statutes and regulations require that there be no new temporary delistings
without prior notice and comment. All temporary delistings received before
November 18, 1984 without the opportunity for public comment and full
consideration of such comment, shall lapse if not made final by November 8,
1986.
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Federal Authority: RCRA §3001 (f)(2); 40 CFR 260.20(d) as amended July 15, 1985 (50 FR
28702).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
D. [OPTIONAL: This is a reduced requirement.] State statutes and regulations define
hazardous waste so as to exclude waste pickle liquor sludge generated by lime stabilization, but
only to the extent that such waste is excluded by 40 CFR 261.3(c)(2), as indicated in Revision
Checklist 8.
Federal Authority: RCRA §3001; 40 CFR 261.3(c) as amended June 5, 1984 (49 FR 23284).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
E. [OPTIONAL: This is a reduced requirement.] State statutes and regulations define
hazardous waste so as to not exclude household waste other than those household wastes
excluded in 40 CFR 261.4(b)(1), as indicated in Revision Checklists 9 and 17 C.
Federal Authority: RCRA §3001; 40 CFR 261.4(b)(1) as amended November 13, 1984 (49 FR
44980) and July 15, 1985 (50 FR 28702).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
F. State statutes and regulations incorporate the most recent edition and updates to
"Test Methods for Evaluating Solid Waste, Physical/Chemical Methods" (SW-846) as indicated
in Revision Checklists 11 and 35.
Federal Authority: RCRA §§2002, 3001; 40 CFR 260.11, 260.21 and 270.6(a) as amended
December 4, 1984 (49 FR 47390) and March 16, 1987 (52 FR 8072). «
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
G. State statutes and regulations define solid wastes to include the hazardous
components of radioactive mixed wastes, July 3, 1986 [51 FR 24504]. See State Program
Advisory (SPA) #2.
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Federal Authority: RCRA §§1004(27) and 300Kb).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
H. [OPTIONAL: This is a reduced requirement.] State statutes and regulations exempt
(with certain limitations) waste samples used in small scale treatability studies from Subtitle C
regulation as indicated in Revision Checklist 49.
Federal Authority: RCRA §3001; 40 CFR 260.10 and 261.4(e)&(f) as amended July 19, 1988
(53 FR 27290).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
I. State statutes and regulations exclude from the mining waste exemption the six
wastes listed at 40 CFR 261.4(b)(7)(i) through 261.4(b)(7)(vi), as indicated in Revision
Checklist 53.
Federal Authority: RCRA §3001 (b); 40 CFR 261.4(b)(7) as amended September 13, 1988 (53
FR35412).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
J. State statutes and regulations that:
(1) provide final criteria to define Bevill-excluded mineral processing wastes, finalize
the Bevill status of nine mineral processing waste streams, and list those mineral
processing wastes subject to conditional retention as indicated in Revision
Checklist 65.
Federal Authority: RCRA §3001 (b); 40 CFR 261.3 and 261.4 as amended September 1, 1989
(54 FR 36592).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
(2) remove five conditionally retained mineral processing wastes from the exemption
from hazardous waste regulation under the Bevill exclusion, and amend the
definitions of "beneficiation" and "designated facility" as indicated in Revision
Checklists 71 and 90.
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Federal Authority: flCRA §3001(b)(3)(A)(ii); 40 CFR 260.10 and 261.4(b)(7) as amended
January 23, 1990 (55 FR 2322) and June 13, 1991 (56 FR 27300).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
K. State statutes and regulations incorporate 47 new testing methods as approved
methods for use in meeting the regulatory requirements under Subtitle C of RCRA as indicated
in Revision Checklists 67 and 73.
Federal Authority: RCRA §§3001, 3004, 3005, and 3006; 40 CFR 260.11 and Part 261
Appendix III as amended September 29, 1989 (54 FR 40260) and March 9, 1990 (55 FR
8948).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
L. State statutes and regulations revise the existing toxicity characteristic by replacing
the Extraction Procedure (EP) leach test with the Toxicity Characteristic Leaching Procedure
(TCLP) for identifying wastes that are defined as hazardous and subject to regulation under
Subtitle C of RCRA as indicated in Revision Checklists 74, 108 and 117B. State statutes and .
regulations also provide for the addition of 25 organic chemicals and their regulatory levels to
the list of toxic constituents of concern as indicated in Revision Checklist 74.
Federal Authority: RCRA §§1006, 2002(a), 3001, 3002, 3004, 3005 and 3006; 40 CFR Parts
261, 264, 265 and 268 as amended March 29, 1990 (55 FR 11798), June 29, 1990 (55 FR
26986), June 1, 1992 (57 FR 23062), and July 10, 1992 (57 FR 30657).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
M. State statutes and regulations contain the language to result in consistent
interpretation of the criteria for listing wastes as hazardous under RCRA as indicated in Revision
Checklist 76.
Federal Authority: RCRA §3001 (a); 40 CFR 261.11(a)(3) as amended May 4, 1990 (55 FR
18726).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
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N. State statutes and regulations add eight new testing methods to the section of
regulations that incorporates these methods by reference as indicated in Revision Checklist 79.
Federal Authority: RCRA §§3001, 3004, 3005 and 3006; 40 CFR 260.11 (a) as amended June
21, 1990 (55 FR 25454).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
O. [OPTIONAL: This is a reduced requirement.] State statutes and regulations extend
until January 25, 1993, the compliance date for the Toxicity Characteristic requirements for
produced ground water from free phase hydrocarbon recovery operations at certain petroleum
industry sites (refineries, marketing terminals, and bulk plants) as indicated in Revision Checklist
80. The extension for infiltration galleries at such operations ends on October 2, 1991.
Federal Authority: 5 U.S.C. §§553 and 705; RCRA §3001; 40 CFR 261.4(b)(11) as amended
October 5, 1990 (55 FR 40834), February 1, 1991 (56 FR 3978) and April 2, 1991 (56 FR
13406).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General '
P. State statutes and regulations include definitions of oil/water/solids and aggressive |
biological treatment units and a statement concerning the point of generation for F037 and "
F038 sludges as indicated on Revision Checklist 81.
Federal Authority: RCRA §3001; 40 CFR 261.31 (b) as amended November 2, 1990 (55 FR
46354) and December 17, 1990 (55 FR 51707).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
Q. [OPTIONAL: This is a reduced requirement.] State statutes and regulations exclude
from being a solid waste spent wood preserving solutions that have been used and are
reclaimed and reused for their original intended purpose as indicated in Revision Checklists 82
and 92.
Federal Authority: RCRA §3001; 40 CFR 261.4(a)(9) as amended December 6, 1990 (55 FR
50450) and July 1, 1991 (56 FR 30192).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
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R. State statutes and regulations allow deletion of certain hazardous waste codes
following equipment cleaning and replacement, provided that the requirements of 261.35 are
met, as indicated in Revision Checklists 82 and 92.
Federal Authority: RCRA §3001; 40 CFR 261.35 as amended December 6, 1990 (55 FR
50450) and July 1, 1991 (56 FR 30192).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
S. [OPTIONAL: This is a reduced requirement.] State statutes and regulations which
exclude from being hazardous used chlorofluorocarbon (CFC) refrigerants from totally enclosed
transfer equipment (including mobile air conditioning systems, mobile refrigeration, and
commercial and industrial air conditioning and refrigeration systems) that use
chlorofluorocarbons as the heat transfer fluid in the refrigeration cycle, provided the refrigerant
is reclaimed for further use as indicated in Revision Checklist 84.
Federal Authority: RCRA §3001; 40 CFR 261.4(b)(12) as amended February 13, 1991 (56 FR
5910).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
T. [OPTIONAL: This is a reduced requirement.] State statutes and regulations exclude
from being a solid waste coke and coal tar from the iron and steel industry that contains or is
produced from decanter tank tar sludge, EPA hazardous waste K087, when used as a fuel as
indicated in Revision Checklist 85. The process producing the coke and coal tar from such
decanter tank tar sludge in a coke oven is also excluded from regulation.
Federal Authority: RCRA §3001; 40 CFR 261.4(a)(10) as amended February 21, 1991 (56 FR
7134).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
U. State statutes and regulation do not exclude residues, derived from the burning or
processing of hazardous waste in a boiler or industrial furnace, from the definition of a
hazardous waste under 40 CFR 261.4(b)(4),(7)or(8) unless the device and the owner or
operator meet the requirements of 40 CFR 266.112 as indicated in Revision Checklist 85.
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Federal Authority: flCRA §3001; 40 CFR 261.4(b)(4), 261.4(b)(7), 261.4(b)(,8) and 266.112
as amended February 21, 1991 (56 FR 7134).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
V. [OPTIONAL: This is a reduced requirement.} State .statutes and regulations which
exclude from being a hazardous waste certain nonwastewater residues resulting from high
temperature metals recovery of K061 provided the conditions in 261.3(c)(2)(ii)(C) are met as
indicated in Revision Checklist 95.
Federal Authority: RCRA §§3001, 3004(d)-{k) and (m); 40 CFR 261.3(c)(2)(ii)(C) as amended
August 19, 1991 (56 FR 41164).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
W. {OPTIONAL: This is a reduced requirement.] State statutes and regulations which
exclude from being a solid waste, nonwastewater splash condenser dross residue from the
treatment of K061 in high temperature metals recovery units provided the requirements of
261.4(a)(11) are met as indicated in Revision Checklist 95.
Federal Authority: RCRA §§3001, 3004(d)-(k) and (m); 40 CFR 261.4(a)(11) as amended
August 19, 1991 (56 FR 41164).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
X. [OPTIONAL: This is a reduced requirement.] State statutes and regulations
exempt, from the definition of hazardous, used oil filters meeting the 40 CFR 261.4(b)(15)
criteria as indicated in Revision Checklists 104 and 107.
•Federal Authority: RCRA §§1004, 1006, 2002, 3001 and 3014; 40 CFR 261.4(b)(15) as
amended May 20, 1992 (57 FR 21524) and July 1, 1992 (57 FR 29220).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
Y. [OPTIONAL: This is a reduced requirement.] State statutes and regulations
exclude from being a solid waste K060, K087, K141, K142, K143, K144, K145. K147 and
K148, and those coke by-product residues that are hazardous only because they exhibit the
Toxicity Characteristic when, subsequent to generation, these wastes are recycled by being
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returned to coke ovens, to the tar recovery process as a feedstock to produce-.coal tar, or
mixed with coal tar as specified in Revision Checklists 105 and 110.
Federal Authority: RCRA §§3001
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SPA 14
B. State statutes and regulations include as solid waste secondary materials, fed to
a halogen acid furnace, that exhibit a characteristic of a hazardous waste or are listed as a
hazardous waste in 40 CFR 261, Subparts C and 0 as indicated in Revision Checklists 85, 96,
and 111.
Federal Authority: RCRA §3001; 40 CFR Part 261.2(d)(2) and (e)(2)(iv) as amended February
21, 1991 (56 FR 7134), August 27, 1991 (56 FR 42504) and August 25, 1992 (57 FR
38558).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
III. MANAGEMENT OF DIOXIN WASTES
A. State statutes and regulations contain the following requirements regarding dioxin
wastes as indicated in Revision Checklist 14:
(1) Dioxin wastes are listed and otherwise identified as hazardous wastes so as to
encompass all such wastes controlled under 40 CFR 261.5(e), 261.7(b),
261.30(d), 261.31, 261.33(f), and Part 261 Appendix X.
(2) Special management and permitting standards for facilities managing dioxin
wastes and prohibitions applicable to permitted and interim status facilities, as
provided in 40 CFR Parts 264, 265, and 270.
Federal Authority: RCRA §§3001 and 3004; 40 CFR Parts 261, 264, 265 and 270 as
amended January 14, 1985 (50 FR 1978),
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
IV. SATELLITE ACCUMULATION
A. [OPTIONAL: This is a reduced requirement.] State statutes and regulations allow
generators to accumulate at the site of generation, without a permit or interim status, as much
as 55 gallons of hazardous waste or one quart of acutely hazardous waste provided that the
generator complies with the requirements specified in §262.34(c) as indicated in Revision
Checklist 12.
Federal Authority: RCRA §§2002, 3002. 3004 and 3005; 40 CFR 262.34(c) as amended
December 20, 1984 (49 FR 49571).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
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V. APPLICABILITY OF INTERIM STATUS STANDARDS
A. State statutes and regulations contain the following requirements regarding interim
status standards as indicated in Revision Checklists 3 and 10:
(1) Interim status standards apply to facilities identified in 40 CFR 265.Kb).
Federal Authority: RCRA §3004; 40 CFR Part 265 as amended November 22, 1983 (48 FR
52718) and November 21. 1984 (49 FR 46095).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
VI. PAINT FILTER TEST
A. State statutes and regulations require the use of a paint filter test to determine the
absence or presence of free liquids in either a containerized or bulk waste as indicated in
Revision Checklists 16, 17 F and 25.
Federal Authority: RCRA §§3004 and 3005; 40 CFR Parts 260, 264, 265, and 270 as
amended April 30, 1985 (50 FR 18370), July 15, 1985 (50 FR 28702) and May 28, 1986 (51
FR 19176).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
VII. NATIONAL UNIFORM MANIFEST SYSTEM AND RECORDKEEPING
A. State statutes and regulations require generators to use the national uniform
manifest as indicated in Revision Checklists 5 and 32.
Federal Authority: RCRA §§2002, 3002 and 3003; 40 CFR Parts 260 and 262 as amended
March 20, 1984 (49 FR 10490) and October 1, 1986 (51 FR 35190).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
B. State statutes and regulations require that generators, of between 100 and 1000
kg/mo of hazardous waste, file an exception report in those instances where the generator does
not receive confirmation of delivery of his hazardous waste to the designated facility as
indicated in Revision Checklist 42.
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Federal Authority: RCRA §§3001(d) and 3002(a)(5); 40 CFR Parts 262.42 and 262.44 as
amended September 23, 1987 (52 FR 35894).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
C. State statutes and regulations require that the following be recorded, as it becomes
available, and maintained in the operating record, until facility closure, as indicated in Revision
Checklist 45: monitoring, testing or analytical data, corrective action where required by
Subpart F and §§264.226, 264.253, 264.254, 264.276, 264.278, 264.280, 264.303,
264.309, 264.347, and 264.602.
Federal Authority: RCRA §§3004 and 3005; 40 CFR 264.73(b) as amended December 10,
1987 (52 FR 46946).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
»
D. [OPTIONAL: This is a reduced requirement.] State statutes and regulations include
a burden disclosure statement with each uniform manifest form and renew the use of this form
as indicated in Revision Checklist 58.
•
Federal Authority: RCRA §§2002, 3002, and 3003; 40 CFR 262.20 and Part 262 Appendix as
amended November 8, 1988 (53 FR 45089).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
E. State statutes and regulations require that generators who ship hazardous waste to a
designated facility in an authorized state which has not yet obtained authorization to regulate
that particular waste as a hazardous waste assure that the designated facility agrees to sign
and return the manifest to the generator, and that any out-of-state transporter signs and
forwards the manifest to the designated facility, as indicated in Revision Checklist 71.
Federal Authority: RCRA §§2002, 3002 and 3003; 40 CFR 262.23(e) as amended on January
23, 1990 (55 FR 2322).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
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VIII. BIENNIAL REPORT
A. State statutes and regulations contain the following reporting requirements as
indicated in Revision Checklists 1 and 30.
(1) The biennial report contains the information indicated in 40 CFR 262.41 (a),
264.75 and 265.75.
(2) Facilities must submit groundwater monitoring data annually to the State
Director as indicated in 40 CFR 265.94.
Federal Authority: RCRA §§3002 and 3004; 40 CFR Parts 262, 264 and 265 as amended
January 28, 1983 (48 FR 3977) and August 8, 1986 (51 FR 28566).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
IX. WASTE MINIMIZATION
A. State statutes and regulations contain the following requirements regarding waste
minimization as indicated in Revision Checklists 17 D, 30 and 32 (see Item I B above).
(1) Generators must submit report and manifest certifications regarding efforts taken
to minimize the amounts and toxicity of wastes.
Federal Authority: RCRA §3002(a)(6), (b); 40 CFR 262.41, 264.75 and 265.75 as amended
July 15, 1985 (50 FR 28702), August 8. 1986 (51 FR 28556) and October 1, 1986 (51 FR
35190).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
(2) RCRA permits for the treatment, storage, or disposal of hazardous waste on the
premises where the waste was generated must contain a certification by the
permittee regarding efforts taken to minimize the amount and toxicity of the
generated wastes.
Federal Authority: RCRA §3005(h); 40 CFR 264.70, 264.73 and 270.30(j)(2) as amended July
15. 1985 (50 FR 28702).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
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X. LIQUIDS IN LANDFILLS
A. State statutes and regulations contain the following requirements regarding liquids in
landfills as indicated in Revision Checklists 17 F and 25.
(1) Effective May 8, 1985, there is a ban on the placement of bulk or
non-containerized liquid hazardous waste or hazardous waste containing free
liquids in any landfill pursuant to 40 CFR 264.314 and 265.314 as amended
July 15, 1985 and May 28, 1986. ;
(2) Effective November 8, 1985, there is a ban on the placement of non-hazardous
liquids in landfills unless the owner or operator satisfies the criteria set forth in
40 CFR 264.314(6) and 265.314{f) as amended July 15, 1985 and May 28,
1986.
(3) For bulk or non-containerized liquid wastes or wastes containing free liquids they
may be placed in a landfill prior to May 8, 1985, only if the requirements of 40
CFR 264.314(a) and 265.314(a) are met.
Federal Authority: RCRA §3004(c); 40 CFR 264.314, 265.314 and 270.21 (h) as amended
July 15, 1985 (50 FR 28702) and May 28, 1986 (51 FR 19176).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
B. State statutes and regulations prohibit the disposal, in hazardous waste landfills,
of liquids that have been sorbed in materials that are biodegradable or that release liquids during
routine landfill operations, as indicated in Revision Checklist 118.
Federal Authority: RCRA §3004(c); 40 CFR 260.10, 264.13, 264.314, 264.316, 265.13,
265.314, and 265.316 as amended November 18, 1992 (57 FR 54452).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
XI. GROUND-WATER MONITORING
A. State statutes and regulations provide that the §3004 ground water monitoring
requirements applicable to surface impoundments, waste piles, land treatment units and
landfills shall apply whether or not such units are located above the seasonal high water table,
have two liners and a leachate collection system or have liners that are periodically inspected,
as indicated in Revision Checklist 171.
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Federal Authority: RCRA §3004(p); 40 CFR 264.222, 264.252, 264.253, and 264.302 as
amended July 15, 1985 (50 FR 28702).2
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
B. [OPTIONAL: This is a reduced requirement.] State statutes and regulations may
allow variances from the ground-water monitoring requirements as provided in §3004(p).
However, those variances must be restricted as provided in RCRA §3004(p) as indicated in
Revision Checklist 171.
Federal Authority: RCRA §3004(p); 40 CFR 264.90(b) as amended July 15, 1985 (50 FR
28702).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
C. State statutes and regulations provide that with regard to ground-water monitoring,
all land based hazardous waste treatment, storage, and disposal facilities analyze for a specified
core list (Part 264, Appendix IX) of chemicals plus those chemicals specified by the Regional
Administrator on a site-specific basis as indicated in Revision Checklist 40.
«
Federal Authority: RCRA §§1006, 2002(a), 3001, 3004, and 3005; 40 CFR 264.98, 264.99,
Part 264 Appendix IX, and 270.14 as amended July 9, 1987 (52 FR 25942).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
D. State statutes and regulations specify statistical methods, sampling procedures, and
performance standards that can be used in groundwater monitoring procedures to detect
groundwater contamination at permitted hazardous waste facilities as indicated in Revision
Checklist 55.
2Note that Revision Checklist 17 I reserved the cited sections of 40 CFR Part 264. Prior to
Revision Checklist 171, these sections of code addressed exemptions from the Subpart F
groundwater monitoring requirements.
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Federal Authority: RCRA §§1006, 2002(a), 3004 and 3005; 40 CFR 264.91; 264.92, 264.97,
264.98 and 264.99 as amended October 11,1988 (53 PR 39720). .
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
E. [OPTIONAL: This is a reduced requirement.] State statutes and regulations allow
owners and operators to demonstrate that an alternate hydraulically downgradient monitoring
well location will meet 40 CFR 265.91(a)(3)(i)-(iii) criteria as specified in Revision Checklist 99.
Federal Authority: RCRA §§1006, 2002(a), 3001, 3004, 3005 and 3015; 40 CFR 264.10,
and 264.91 (a)(3) as amended December 23, 1991 (56 FR 66365).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
XII. BURNING AND BLENDING OF HAZARDOUS WASTES
A. State statutes and regulations provide the following requirements:
(1) The burning of fuel containing hazardous waste in a cement kiln is prohibited as
specified in 40 CFR 266.31 and Revision Checklist 17 J.
Federal Authority: RCRA §3004(q); 40 CFR 266.31 as amended July 15, 1985 (50 FR "
28702).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
(2) Fuels containing hazardous waste and all persons who produce, distribute and
market fuel containing hazardous wastes must be regulated as indicated in
Revision Checklists 17 J, 17 K, and 19.
Federal Authority: RCRA §§3004(q)-(s); 40 CFR 261.31 and 266.34 as amended July 15,
1985 (50 FR 28702), November 29, 1985 (50 FR 49164), and November 19, 1986 (51 FR
41900).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
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B. [OPTIONAL: This is a reduced requirement.] State statutes and regulations provide
exceptions to the burning and blending of hazardous waste as specified in §§3004(q)(2)(A) and
3004(r)(2) & (3).
Federal Authority: RCRA §§3004(q)2(A) and 3004(rM2) & (3).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
XIII. CORRECTIVE ACTION
A. State statutes and regulations contain the following corrective action requirements
as indicated in Revision Checklist 17 L:
(1) Corrective action is required for releases of hazardous waste or constituents
from any solid waste management unit at a facility seeking a permit, regardless
of when the waste was placed in the unit, in all permits issued after November
8, 1984.
Federal Authority: RCRA §3004(u); 40 CFR 264.90, 264.101 and 270.60 as amended July
15, 1985 (50 FR 28702).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
(2) Corrective action is required beyond a facility's boundary, in accordance with
RCRA §3004(v). (States now may impose these requirements through a permit
or a corrective action order. Once EPA promulgates the regulations required by
RCRA §3004(v), States will need authority to impose corrective action in a
permit following the RCRA §3004(v) regulations.)
Federal Authority: RCRA §3004(v)(1).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
(3) Corrective action is required beyond a facility's boundary in accordance with
RCRA §3004(v) for all landfills, surface impoundments and waste pile units
(including any new units, replacements of existing units or lateral expansions of
existing units) which receive hazardous waste after July 26, 1982.
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Federal Authority: RCRA §3004(v)(2).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
(4) There is evidence of financial responsibility for corrective action on- and off-site.
Federal Authority: RCRA §§3004(a)(6); (u); 40 CFR 264.90 and 264.101 as amended July 15,
1985 (50 FR 28702).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
B. State statutes and regulations provide for additional information and engineering
feasibility plan requirements regarding groundwater contamination detected at the time of Part
B permit application as indicated in Revision Checklist 38.
Federal Authority: RCRA §§3004 and 3005; 40 CFR 270.14 as amended June 22, 1987 (52
FR 23447) and September 9, 1987 (52 FR 33936).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
C. State statutes and regulations require owners and operators of facilities seeking
permits to provide descriptive information on the solid waste management units themselves and
all available information pertaining to any releases from the units as indicated in Revision
Checklist 44 A.
Federal Authority: RCRA §3004(u); 40 CFR 270.14 as amended December 1, 1987 (52 FR
45788).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
D. State statutes and regulations require that owners and operators of hazardous waste
treatment, storage and disposal facilities (including permit-by-rule facilities subject to 264.101)
institute corrective action beyond the facility boundary to protect human health and the
environment, unless the owner/operator is denied access to adjacent lands despite the
owner/operator's best efforts, as indicated in Revision Checklist 44 B.
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Federal Authority: RCRA §3004(v); 40 CFR 264.100(e) and 264.101 (c) as amended December
1, 1987 (52 FR 45788).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
E. State statutes and regulations contain the following corrective action requirements
for injection wells as indicated in Revision Checklist 44 C.
(1) Hazardous waste injection wells now operating under RCRA interim status may
retain interim status after issuance of a UIC permit. Until a RCRA permit or a
RCRA "rider", to a UIC permit, which addresses Section 3004(u) corrective
action, is issued, the well must comply with applicable interim status
requirements imposed by §265.430, Parts 144.146 and 147, and any UIC
permit requirements.
Federal Authority: RCRA §3004(u); 40 CFR 144.1 (h) as amended December 1, 1987 (52 FR
45788).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
(2) As part of the UIC permit process, available information regarding operating
history and condition of the injection well must be submitted as well as any
available information on known releases from the well or injection zone.
Federal Authority: RCRA §3004(u); 40 CFR 144.31 (g) as amended December 1, 1987 (52 FR
45788).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
(3) UIC facility owners/operators must submit certain information related to
corrective action with their UIC applications.
Federal Authority: RCRA §3004(u); 40 CFR 270.60(b)(3) as amended December 1, 1987 (52
FR 45788).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
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OiSWER DIRECTIVE NO. 9541.00-20
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F. State statutes and regulations require that miscellaneous units comply with
regulations (Subpart F) regarding releases from solid waste management units' when necessary
to comply with §§264.601 through 264.603 as indicated in Revision Checklist 45.
Federal Authority: RCRA §3004(u); 40 CFR 264.90(d) as amended December 10, 1987 (52 FR
46946).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
G. [OPTIONAL: This is a reduced requirement.] State statutes and regulations
contain remediation waste management provisions for corrective action management units
(CAMUs) and temporary units (TUs) at RCRA facilities, as indicated in Revision Checklist 121.
Federal Authority: RCRA §§1006, 2002(a), 3004(u), 3004(v), 3005(c), 3007, and 3008(h);
40 CFR 260.10, 264.3, 264.101(b), 264.552, 264.553, 265.Kb), 268.2(c), 270.2 and
Appendix I to 270.42, as amended February 16, 1993 (58 FR 8658).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
XIV. HAZARDOUS WASTE EXPORTS
A. State statutes and regulations require generators and transporters of hazardous
waste destined for export outside the United States to comply with standards equivalent to
those as indicated in Revision Checklists 17 R, 31, 48, and 97 (with the latter providing
technical corrections to Checklist 31).
Federal Authority: RCRA §3017; 40 CFR 262.50 as amended July 15, 1985 (50 FR 28702),
August 8, 1986 (51 FR 28664), July 19, 1988 (53 FR 27164). and September 4, 1991 (56 FR
45704).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
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SPA 14
XV. STANDARDS FOR FACILITIES3
A. State statutes and regulations prohibit the land disposal of hazardous waste
prohibited under 40 CFR Parts 264 and 265 as indicated in Revision Checklist 17 E. Land
disposal includes, but is not limited to, placement in landfills, surface impoundments, waste
piles, deep injection wells, land treatment facilities, salt dome and bed formations and
underground mines or caves. Deep injection well means a well used for the underground
injection of hazardous wastes other than a well to which §3020 of RCRA applies.
Federal Authority: RCRA §3004(b)-(q); 40 CFR 264.18 and 265.18 as amended July 15, 1985
(50 FR 28702).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
B. Effective on November 8, 1984, State statutes and regulations prohibit the
placement of any non-containerized or bulk liquid hazardous waste in any salt dome or salt bed
formation any underground mine or cave except as provided in §264.18(c) and §265.18(c) as
indicated in Revision Checklist 17 E. Furthermore, State statutes and regulations prohibit the
placement of any other hazardous waste in such formations until a permit is issued.
Federal Authority: RCRA §3004(b); 40 CFR 264.18 and 265.18 as amended July 15, 1985
(50 FR 28702).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
C. State statutes and regulations prohibit the use of waste oil or other materials
contaminated with hazardous wastes (except ignitible wastes) as a dust suppressant as
indicated in Revision Checklist 17 G.
Federal Authority: RCRA §3004(1); 40 CFR 266.23 as amended July 15, 1985 (50 FR
28702).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
3This section contains all changes to the Federal RCRA program concerning facility
standards except for those specifically related to groundwater monitoring. This latter group of
facility standard changes are addressed by Section XI.
31
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D. State statutes and regulations require the permittee to take steps to minimize
releases to the environment in accordance with 40 CFR Part 270.30(d) as indicated in Revision
Checklist 2.
Federal Authority: RCRA §3005(c); 40 CFR Part 270 as amended September 1, 1983 (48 FR
39622).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
E. State statutes and regulations require that closure and post-closure requirements and
special requirements for containers apply to interim status landfills as indicated in Revision
Checklist 15.
Federal Authority: RCRA §3004; 40 CFR 265.310 and 265.315 as amended April 23, 1985
(50 FR 16044).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
F. State statutes and regulations require compliance with closure/post-closure and
financial responsibility requirements applicable to owners and operators of hazardous waste
treatment, storage and disposal facilities, as indicated in Revision Checklists 24, 36, and 45.
Federal Authority: RCRA §§3004 and 3005; 40 CFR Parts 260, 264, 265, and 270 as
amended May 2, 1986 (51 FR 16422), March 19, 1987 (52 FR 8704) and December 10, 1987
(52 FR 46946).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
G. [OPTIONAL: This is a reduced requirement.] State statutes and regulations allow
qualified companies that treat, store or dispose of hazardous waste to use a corporate guaran-
tee to satisfy liability assurance requirements as indicated in Revision Checklists 27 and 43.
Federal Authority: RCRA §§2002, 3004, and 3005; 40 CFR 264.147, 264.151, and 265.147
as amended July 11, 1986 (51 FR 25350) and November 18, 19S7 (52 FR 44314).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
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H. State statutes and regulations require companies that generate, treat or store
hazardous waste in tanks to comply with tank standards equivalent to those indicated in
Revision Checklists 28 and 52.
Federal Authority: RCRA §§1006, 2002, 3001 - 3007, 3010, 3014, 3017 - 3019 and 7004;
40 CFR Parts 260, 261, 262, 264, 265, and 270 as amended July 14, 1986 (51 FR 25422),
August 15, 1986 (51 FR 29430) and September 2, 1988 (53 FR 34079).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
I. State statutes and regulations require environmental performance standards;
monitoring, testing, analytical data, inspection, response and reporting procedures; and
post-closure care for miscellaneous units as indicated in Revision Checklist 45.
Federal Authority: RCRA §§3004 and 3005; 40 CFR 264.600, 264.601, 264.602, and
264.603 as amended December 10, 1987 (52 FR 46946).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
J. [OPTIONAL: This is a reduced requirement.] State statutes and regulations allow
owners and operators of landfills, surface impoundments, or land treatment units, under limited
circumstances, to remain open after the final receipt of hazardous wastes in order to receive
non-hazardous wastes in that unit as indicated in Revision Checklist 64.
Federal Authority: RCRA §§1006, 2002(a), 3004, 3005 and 3006; 40 CFR 264.13, 264.112,
264.113, 264.142, 265.13, 265.112, 265.113, 265.142 and Appendix I to 270.42 as
amended August 14, 1989 (54 FR 33376).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
K. State statutes and regulations require new and existing hazardous waste treatment,
storage or disposal facilities to control organic air emissions from process vents and equipment
leaks as indicated in Revision Checklists 79 and 87.
Federal Authority: RCRA §§1006, 2002, 3001-3007, 3010, 3014 and 7004; 40 CFR Parts
261, 264, 265 and 270 as amended June 21, 1990 (55 FR 25454) and April 26, 1991 (56 FR
19290).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
, AGREV14 - 5/03/94
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OSWER DIRECTIVE NO. 9541.00-20
SPA 14
L. State statutes and regulations contain design, operating, inspection and closure
requirements for drip pads and associated tanks, sumps and other devices used to assist in the
collection of treated wood drippage as indicated in Revision Checklists 82, 92 and 120.
Federal Authority: RCRA §§2002(a) and 3001(b)&(e)(1); 40 CFR 262.34(a)(2), 264.190,
264.570, 264.571, 264.572, 264.573, 264.574, 264.575, 265.190, 265.440, 265.441,
265.442, 265.443, 265.444 and 265.445, as amended December 6, 1990 (55 PR 50450),
July 1, 1991 (56 FR 30192), and December 24, 1992 (57 FR 61492).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
M. [OPTIONAL: This is a reduced requirement.] State statutes and regulations contain
an administrative stay, from June 13, 1991 to December 24, 1992, for the requirement that
new drip pads be impermeable as indicated in Revision Checklists 91 and 120.
Federal Authority: 5 U.S.C. 705; RCRA §§2002(a) and 3001(b)&(e)(1); 40 CFR 264.572(a)(4)
and 265.443(a)(4) as amended June 13, 1991 (56 FR 27332) and December 24, 1992 (57 FR
61492).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
N. IQPTIONAL: This is a reduced requirement.] State statutes and regulations contain
an administrative stay, until October 30, 1992, for the requirement that existing drip pads be
impermeable as indicated in Revision Checklist 101.
Federal Authority: 5 U.S.C. 705; RCRA §§2002(a) and 3001(b)&(e)(1); 40 CFR 264.573(a)(4),
and 265.443(a)(4) as amended February 18, 1992 (57 FR 5859).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
O. [OPTIONAL: This-is a reduced requirement.] State statutes and regulations allow
the use of additional financial instruments (letter of credit, a surety bond, a guarantee, trust
fund, and purchase of insurance by other firms) to meet the liability coverage requirements as
specified in Revision Checklist 113.
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OSWER DIRECTIVE NO. 9541.00-20
SPA 14
Federal Authority: RCRA §§2002(a), 3004 and 3005; 40 CFR 264.141, 264.;147, 264.151.
265.141, 265.147 and 265.151 as amended September 1, 1988 (53 FR 33938), July 1, 1991
(56 FR 30200), and September 16, 1992 (57 FR 42832).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
P. [OPTIONAL: This is a reduced requirement.1 State statutes and regulations include
conforming changes to 264.147(f)(6) and 265.147(f)(6) to expand the instruments available to
owners and operators that no longer meet the requirements of the financial test for liability
coverage as indicated in Revision Checklist 113.
Federal Authority: RCRA §3004; 40 CFR 264.147(f)(6) and 265.147(f)(6) as amended
September 16, 1992 (57 FR 42832).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
Q. State statutes and regulations require reporting of third-party claims against an
owner's or operator's liability coverage as indicated by Revision Checklist 113.
Federal Authority: RCRA §§2002(a), 3004 and 3005; 40 CFR 264.147(a)(7)&(b)(7) and
265.147(a)(7)&(b)(7) as amended September 1, 1988 (53 FR 33938) and September 16, 1992
(57 FR 42832)
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
R. State statutes and regulations require owners or operators of new drip pads to have
either 1) a surface protection system meeting the hydraulic conductivity, material chemical
compatibility, and assessment requirements of 264.573(a)(4) or 265.443(a)(4), or 2) a liner and
leak detection system below the pad as well as a leak collection system as specified in Revision
Checklist 120.
Federal Authority: RCRA §§2002(a) and 3001(b)&(e)(1); 40 CFR 264.572, 265.573, 265.442
and 265.443 as amended December 24, 1992 (57 FR 61492).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
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OSWER DIRECTIVE NO. 9541.00-20
SPA 14
S. State statutes and regulations require owners or operators of existing drip pads to
meet the hydraulic conductivity, material chemical compatibility, and assessment requirements
of 264.573(a)(4) or 265.443(a)(4), as specified in Revision Checklist 120.
Federal Authority: RCRA §§2002(a) and 3001(b)&(e)(1); 40 CFR 264.571, 264.573, 265.441
and 265.443 as amended December 24, 1992 (57 FR 61492).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
T. State statutes and regulations contain requirements for the management of
infrequent and incidental drippage in storage yards as indicated in Revision Checklist 120.
Federal Authority: RCRA §§2002{a) and 3001(b)&(e)(1); 40 CFR 264.570(c) and 265.440(c)
as amended December 24, 1992 (57 FR 61492).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
XVI. REQUIREMENTS FOR PERMITS
A. [OPTIONAL: This is a reduced requirement.] State statutes and regulations allow a
facility (1) to construct an approved TSCA facility for burning PCBs without first obtaining a
RCRA permit and (2) to subsequently apply for a RCRA permit in accordance with Revision
Checklist 17 M.
Federal Authority: RCRA §3005(a); 40 CFR 270.10(f)(3) as amended July 15, 1985 (50 FR
28702).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
B. State statutes and regulations require review of land disposal permits every five
years and modification of such permits as necessary to assure compliance with the
requirements in Parts 124, 260 through 266, and 270, as indicated in Revision Checklist 17 N.
Federal Authority: RCRA §3005(c)(3); 40 CFR 270.41 (a)(6) and 270.50(d) as amended July
15, 1985 (50 FR 28702).
Citation of Laws and Regulations: Date of Enactment and Adoption
;
Remarks of the Attorney General
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OSWER DIRECTIVE NO. 9541.00-20
SPA 14
C. State statutes and regulations require permits to contain any conditions necessary to
protect human health and the environment in addition to any conditions required by regulations
as indicated in Revision Checklist 17 O.
Federal Authority: RCRA §3005(c)(3); 40 CFR 270.32(b) as amended July 15, 1985 (50 FR
28702).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
D. State statutes and regulations require that:
(1) For land disposal facilities granted interim status prior to 11/8/84, interim status
terminates 11/8/85; unless a Part B application and certification of compliance
with applicable groundwater monitoring and financial responsibility requirements
are submitted by 11/8/85, as indicated in Revision Checklist 17 P.
Federal Authority: RCRA §3005(e); 40 CFR 270.73(c) as amended July 15, 1985 (50 FR
28702).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
(2) For land disposal facilities in existence on the effective date of statutory or
regulatory changes under this Act that render the facility subject to the
requirement to have a permit and which is granted interim status, interim status
terminates 12 months after the date the facility first becomes subject to such
permit requirement unless a Part B application and certification of compliance
with applicable groundwater monitoring and financial responsibility requirements
are submitted by that date as indicated in Revision Checklist 17 P.
Federal Authority: RCRA §3005(e); 40 CFR 270.73(d) as amended July 15, 1985 (50 FR
28702).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
(3) Interim status terminates for incinerator facilities on 11 /8/89 unless the
owner/operator submits a Part B application by 1118186 as indicated in Revision
Checklist 17 P.
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SPA 14
Federal Authority: RCRA §3005(c)(2)(C); 40 CFR 270.73(e) as amended July 15, 1985 (50 FR
28702).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
(4) Interim status terminates for any facility other than a land disposal or an
incineration facility on 11 /8/92 unless the owner/operator submits a Part B
application by 1178/88 as indicated in Revision Checklist 17 P.
Federal Authority: RCRA §3005(c)(2)(C); 40 CFR 270.73(f) as amended July 15, 1985 (50 FR
28702).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
E. [OPTIONAL: This is a reduced requirement.] State statutes and regulations allow
facilities to qualify for interim status if they (1) are in existence on the effective date of
statutory or regulatory changes that render the facility subject to the requirement to have a
permit and (2) comply with §270.70(a) as indicated in Revision Checklist 17 P.
Federal Authority: RCRA §3005(e); 40 CFR 270.70(a) as amended July 15, 1985 (50 FR
28702).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
F. State statutes and regulations provide that facilities may not qualify for interim
status under the State's analogue to Section 3005(e) if they were previously denied a Section
3005 (c) permit or if authority to operate the facility has been terminated as indicated in
Revision Checklist 17 P.
Federal Authority: RCRA §3005(c)(3); 40 CFR 270.70(c) as amended July 15, 1985 (50 FR
28702).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
G. [OPTIONAL: This is a reduced requirement.] State statutes and regulations allow
the issuance of a one-year research, development, and demonstration permit (renewable each
year, but not for a period longer than three years) for any hazardous waste treatment facility
which proposes an innovative and experimental hazardous waste treatment technology or
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OSWER DIRECTIVE NO. 9541.00-20
SPA 14
process not yet regulated as indicated in Revision Checklist 17 Q. If adopted,: however, the
State must require the facility to meet RCRA's financial responsibility and public participation
requirements and retain authority to terminate experimental activity if necessary to protect
health or the environment.
Federal Authority: RCRA §3005(g); 40 CFR 270.65 as amended July 15, 1985 (50 FR
28702).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
H. State statutes and regulations require landfills, surface impoundments, land
treatment units, and waste piles that received waste after July 26, 1982 and which qualify for
interim status to comply with the groundwater monitoring, unsaturated zone monitoring, and
corrective action requirements applicable to new units at the time of permitting as indicated in
Revision Checklist 17 L.
Federal Authority: RCRA §3005(i); 40 CFR 264.90(a) as amended July 15, 1985 (50 FR
28702).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
I. State statutes and regulations require:
(1) Surface impoundments in existence on November 8, 1984 [or subsequently
becoming subject to RCRA pursuant to §3005(j)(6)(A) or (B)] to comply with the
double liner, leachate collection, and groundwater monitoring requirements
applicable to new units by November 8, 1988 [or the date specified in
§3005(j)(6)(A) or (B)] or to stop treating, receiving, or storing hazardous waste,
unless the surface impoundment qualifies for a special exemption under
§3005(j).
Federal Authority: RCRA S3005(j)(1)&(6)(A).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
(2) [OPTIONAL: This is a reduced requirement.] State statutes and regulations may
allow variances from the above requirements as provided in RCRA §3005(j)(2-9)
and (13). However, the availability of such variances must be restricted as
provided in RCRA §3005(j).
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OSWER DIRECTIVE NO. 9541.00-20
SPA 14
Federal Authority: flCRA §3005(j){2-9). :
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
J. [OPTIONAL: This is a reduced requirement.] Facility owners or operators are given
the opportunity to cure deficient Part A applications in accordance with 40 CFR 270.70(b)
before failing to qualify for interim status as indicated in Revision Checklist 6.
Federal Authority: RCRA §3005; 40 CFR Part 270 as amended April 24, 1984 (49 FR 17716).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
K. State statutes and regulations allow the permit granting agency to initiate
modifications to a permit without first receiving a request from the permittee, in cases where
statutory changes, new or amended regulatory standards or judicial decisions affect the basis of
the permit as indicated in Revision Checklist 44 D.
Federal Authority: RCRA §3005(c); 40 CFR 270.41 (a)(3) as amended December 1, 1987 (52
FR 45788).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
L. State statutes and regulations require that permittees must comply with new
requirements imposed by the land disposal restrictions promulgated under Part 268 even when
there are contrary permit conditions, as indicated in Revision Checklist 44 E.
Federal Authority: RCRA §3006(g); 40 CFR 270.4(a) as amended December 1, 1987 (52 FR
45788).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
M. State statutes and regulations require information from permit applicants concerning
permit conditions necessary to protect human health and the environment as indicated in
Revision Checklist 44 F.
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OSWER DIRECTIVE NO. 9541.00-20
SPA 14
Federal Authority: flCRA §3005(c); 40 CFR 270.10 as amended December 1. 1987 (52 £B
45788).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
. N. State statutes and regulations require post-closure permits for all landfills, surface
impoundments, waste piles and land treatment units receiving hazardous waste after July 26,
1982 as indicated in Revision Checklist 44 G.
Federal Authority: RCRA §3005(0; 40 CFR 270.1(c) as amended December 1, 1987 (52 FR
45788).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
0. State statutes and regulations require that all owners and operators of units that
treat, store, or dispose of hazardous waste in miscellaneous units must comply with the general
application requirements (including Part A permit requirements), the Part B general application
requirements of §270.14, and specific Part B information requirements for miscellaneous units
as indicated in Revision Checklists 45 and 59.
Federal Authority: RCRA §§3004 and 3005; 40 CFR 264.600, 270.14 and 270.23 as
amended December 10, 1987 (52 FR 46946) and January 9, 1989 (54 FR 615).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
P. [OPTIONAL: This is a reduced requirement.] State statutes and regulations provide
owners and operators more flexibility to change specified permit conditions, to expand public
notification and participation opportunities, and allow for expedited approval if no public
concern exists for a proposed permit modification. Owner/operator permit modifications are
categorized into three classes with administrative procedures for approving modifications
established in each class. These changes are as indicated in Revision Checklist 54.
Federal Authority: RCRA §§2002(a), 3004, 3005, and 3006; 40 CFR Parts 124, 264, 265,
and 270 as amended September 28, 1988 (53 FR 37912) and October 24, 1988 (53 FR
41649).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
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Q. State statutes and regulations make it clear that existing incinerator facilities must
either conduct a trial burn or submit other information as specified in 270.19(a) or (c) before a
permit can be issued for that facility as indicated in Revision Checklist 60.
Federal Authority: RCRA §3005(b); 40 CFR Part 270 as amended January 30, 1989 [54 FR
4286).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
R. [OPTIONAL: This is a reduced requirement.] State statutes and regulations allow
greater flexibility to interim status facilities to make changes during interim status following
director approval as indicated in Revision Checklist 61.
Federal Authority: RCRA §§2002(a), 3004, 3005 and 3006; 40 CFR 270.72 as amended
March 7, 1989 (54 FR 9596).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
S. [OPTIONAL: This is a reduced requirement.] State statutes and regulations lift the
reconstruction limit for changes: 1) to certain interim status units necessary to comply with
Federal, State, or local requirements, 2) necessary to allow continued handling of newly listed 4
or identified hazardous waste, 3) made in accordance with an approved closure plan, and 4) "
made pursuant to a corrective action order as indicated in Revision Checklist 61.
Federal Authority: RCRA §§2002(a), 3004, 3005, and 3006; 40 CFR 270.72 as amended
March 7, 1989 (54 FR 9596).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
T. [OPTIONAL: This is a reduced requirement.] State statutes and regulations that
clarify that a permit can be denied for the active life of a facility while a decision on post
closure permitting is pending as indicated in Revision Checklist 61.
Federal Authority: RCRA §§2002(a), 3004, 3005, and 3006; 40 CFR 124.1, 124.15, 124.19,
270.1, 270.10 and 270.29 as amended March 7, 1989 (54 FR 9596).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
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U. [OPTIONAL: This is a reduced requirement.] State statutes and regulations that
classify as Class 1 certain permit modifications requested by owners/operators necessary to
enable permitted facilities to comply with the land disposal restrictions as indicated in Revision
Checklist 61. Specifically these modifications include 1) adding restricted wastes treated to
meet applicable 40 CFR Part 268 treatment standards or adding residues from treating "soft
hammer" wastes, 2) adding certain wastewater treatment residues and incinerator ash, 3)
adding new wastes for treatment in tanks or containers under certain limited conditions, and 4)
adding new treatment processes, necessary to treat restricted wastes to meet treatment
standards, that take place in tanks or containers.
Federal Authority: RCRA §§2002(a), 3004, 3005 and 3006; 40 CFR 270.42 as amended
March 7, 1989 (54 FR 9596).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
V. State statutes and regulations incorporate updates to 40 CFR Part 124 as indicated
in Revision Checklist 70.
Federal Authority: RCRA §§6901 and 6902; 40 CFR 124.3, 124.5, 124.6, 124.10 and
124.12 as amended April 1, 1983 (48 FR 14146). June 30, 1983 (48 FR 30113), July 26,
1988 (53 FR 28118), September 26, 1988 (53 FR 37396) and January 4, 1989 (54 FR 246).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
W. State statutes and regulations contain Special Part B information requirements for
drip pads as indicated in Revision Checklists 82 and 92.
Federal Authority: RCRA §§2002(a) and 3001 (b)&(e)(l); 40 CFR 270.22 as amended
December 6, 1990 (55 FR 50450) and July 1, 1991 (56 FR 30192).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
X. State statutes and regulations include permitting requirements for boilers and
industrial furnaces burning hazardous waste as indicated in Revision Checklists 85 and 94.
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Federal Authority: RCRA §§1006, 2002, 3001 through 3007; 40 CFR 270.22, 270.42(g),
270.42 Appendix I, 270.66, 270.72(a)(6)&(b)(7) and 270.73(f)&(g) as amended February 21,
1991 (56 FR 7134) and July 17, 1991 (56 FR 32688).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
Y. State statutes and regulations include specific Part B information requirements for
surface impoundments, waste piles and landfills regarding liners; leachate collection, detection,
and removal systems; and the construction quality assurance program requirements as
indicated in Revision Checklist 100.
Federal Authority: RCRA §§3004, 3005, 3006 and 3015; 40 CFR 270.4(a), 270.17(b)&(c),
270.18(c)&(d), and 270.21 (b)&(c) as amended January 29, 1992 (57 FR 3462).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
XVII. MINIMUM TECHNOLOGICAL REQUIREMENTS
A. State statutes and regulations require that new units, expansions, and replacements
of interim status waste piles meet the requirements for a single liner and leachate collection
system in regulations applicable to permitted waste piles as indicated in the Revision Checklist
17 H.
Federal Authority: RCRA §3015(a); 40 CFR 265.254 as amended July 15, 1985 (50 FR
28702).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
B. State statutes and regulation require:
(1) New units, expansions, and replacement units at interim status landfills and
surface impoundments and landfills and surface impoundments for which Part B
of the permit application is received by the proper authority after November 8,
1984, meet the requirements for double liners and leachate collection systems
applicable to new permitted landfills and surface impoundments in 40 CFR
264.221 and 264.301 and 265.221 and 265.301 as indicated in Revision
Checklists 17 H and 77.
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Federal Authority: RCRA §§1006, 2002(a), 3004, 3005 and 3015(b); 40 CRR 264.221,
265.221, 264.301 and 265.301 as amended July 15, 1985 (50 FR 28702) and May 9, 1990
(55 FR 19262).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General .
(2) [OPTIONAL: This is a reduced requirement.] Facilities which comply in good
faith need not retrofit at permit issuance unless the liner is leaking as provided in
§§265.221(e) and 265.301 (e) as indicated in Revision Checklist 17 H.
Federal Authority: RCRA §3015(b); 40 CFR 264.221, 265.221 and 265.301 as amended July
15, 1985 (50 FR 28702).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
(3) [OPTIONAL: This is a reduced requirement.] Variances from the above
requirements are optional. However, the availability of such variances is
restricted as provided in §§264.221 (d) and (e), 264.301 (d) and (e), 265.221 (c)
and (d), and 265.301 (c) and (d) as indicated in Revision Checklist 17 H.
Federal Authority: RCRA §3015(b); 40 CFR 264.221, 265.221 and 265.301 as amended July
15, 1985 (50 FR 28702).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
C. State statutes and regulations require owners and operators of new units,
expansions, and replacement units at surface impoundments, waste piles, and landfills to meet
the monitoring and inspection Construction Quality Assurance (CQA) program, double liner,
leachate collection and removal systems, leak detection systems, action leakage, response
action plan and closure/post-closure care requirements as indicated in Revision Checklist 100.
Federal Authority: RCRA §§3004, 3005, 3006 and 3015; 40 CFR 264.19, 264.221-264.223,
264.226, 264.228, 264.251-264.254, 264.301-264.304, 264.310, 265.19,
265.221-265.223, 265.226-265.228, 265.254, 265.255, 265.259, 265.260,
265.301-265.304 and 265.310 as amended January 29, 1992 (57 FR 3462).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
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XVIII. EXPOSURE ASSESSMENTS
A. State laws and regulations require permit applicants for landfills or surface
impoundments to submit exposure information as indicated in Revision Checklist 17 S.
Federal Authority: RCRA §3019(a); 40 CFR 270.10(j) as amended July 15, 1985 (50 FR
28702).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
B. State laws and regulations allow the State to make assessment information available
to the Agency for Toxic Substances and Disease Registry- [See CERCLA §104(i).]
Federal Authority: RCRA §3019(b).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
XIX. AVAILABILITY OF INFORMATION
A. State statutes and regulations provide that:
(1) All records shall be available to the public unless they are exempt from the
disclosure requirements of the Federal Freedom of Information Act (FOIA), 5
U.S.C. 552;
(2) All nonexempt records will be available to the public upon request regardless of
whether any justification or need for such records has been shown by the
requestor;
(3) The same types of records would be available to the public from the State as
would be available from EPA. [In making this certification, the Attorney General
should be aware of the types of documents EPA generally releases under the
FOIA, subject to claims of business confidentiality: permit applications; biennial
reports from facilities; closure plans; notification of a facility closure;
contingency plan incident reports; delisting petitions; financial responsibility
instruments; ground-water monitoring data (note that exemption 5
U.S.C.552(b)(9) of the FOIA applies to such wells as oil and gas, rather than to
ground-water wells); transporter spill reports; international shipment reports;
manifest exception, discrepancy and unmanifested waste reports; facility EPA
identification numbers; withdrawal requests; enforcement orders; and, inspection
reports]; and,
(4) Information is provided to the public in substantially the same manner as EPA as
indicated in 40 CFR Part 2 and the Revision Checklist in Appendix N of the State
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.Authorization Manual. [OPTIONAL: Where the State agrees to; implement
selected provisions through the use of a Memorandum of Agreement (MOA) the
Attorney General must certify that: "The State has the authority to enter into
and carry out the MOA provisions and there are no State statutes (e.g., State
Administrative Procedures Acts) which require notice and comment or
promulgation of regulations for the MOA procedures to be binding.]
(5) [OPTIONAL: The State statutes and regulations protect Confidential Business
Information (CBI) to the same degree as indicated in 40 CFR 2 and the Revision
Checklist in Appendix N of the State Authorization Manual. Note, that States do
not have to protect CBI, to satisfy 3006(f). However, if a State does extend
protection to CBI then it cannot restrict the release of information that EPA
would require to be disclosed.]
Federal Authority: RCRA §3006(f); 40 CFR §271.17(c).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
XX. STANDARDS FOR THE MANAGEMENT OF WASTE FUEL AND USED OIL AND FOR THE
BURNING OF THESE MATERIALS IN BOILERS AND INDUSTRIAL FURNACES
A. State statutes and regulations contain the following requirements regarding the
burning of waste fuel and used oil fuel for energy recovery in boilers and industrial furnaces as
indicated in Revision Checklist 19:
(1) Waste fuels and used oil fuels are identified as solid wastes so as to encompass
all such wastes controlled under 40 CFR 261.3, 261.5 and 261.6.
(2) Special management standards for generators, transporters, marketers and
burners of hazardous waste and used oil burned for energy, as set forth in 40
CFR 264.340, 265.340, 266.30-35 and 266.40-44.
Federal Authority: RCRA §§3001, 3004 and 3014(a); 40 CFR Parts 261, 264, 265 and 266 as
amended November 29, 1985 (50 FR 49164), November 19, 1986 (51 FR 41900) and April
13, 1987 (52 FR 11819).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
B. [OPTIONAL: This is a reduced requirement.] State statutes and regulations provide
the authority to obtain criminal penalties for violations of the waste fuel and used oil fuel
requirements, as set forth in 40 CFR 266.40-44.
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Federal Authority: RCRA §§3006(h), 3008(d) and 3014; 40 CFR 271.16.
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
C. State statutes and regulations include control standards for emissions of toxic
organic compounds, toxic metals, hydrogen chloride, chlorine gas and paniculate matter from
boilers and industrial furnaces burning hazardous waste, and require owners and operators of
such facilities to comply with the general facility standards applicable to hazardous waste
treatment, storage and disposal facilities, as indicated in Revision Checklists 85, 94, 96, 111,
and 114. Hazardous waste storage units at regulated burners are subject to the 40 CFR Part
264 requirements.
Federal Authority: RCRA §§1006, 2002, 3001 through 3007, 3010 and 7004; 40 CFR
260.10, 260.11, 260.20, 261.3, 261.6, 264.1, 264.112, 264.340, 265.1, 265.112,
265.113, 265.340, 265.370, Part 266 Subpart H, and Part 266 Appendices I-X as amended
February 21, 1991 (56 FR 7134), July 17, 1991 (56 FR 32688), August 27. 1991 (56 FR
42504), August 25, 1992 (57 FR 38558), and September 30, 1992 (57 FR 44999).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
D. [OPTIONAL: This is a reduced requirement.] State statutes and regulations contain J
an administrative stay until June 22, 1992, of the permitting standards for boilers and industrial "
furnaces as they apply to coke ovens burning certain hazardous wastes from the coke by-
products recovery process as indicated in Revision Checklists 98 and 105.
Federal Authority: 5 U.S.C. 705; RCRA §§2002(a) and 3001(b)&(e)(1); 40 CFR 266.100(a) as
amended September 5, 1991 (56 FR 43874) and June 22, 1992 (57 FR 27880).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
E. State statutes and regulations provide used oil management standards for used
oil generators, transporters, processors, re-refiners, burners, and marketers as indicated in
Revision Checklists 112 and 122.
Federal Authority: RCRA §§1004, 1006, 2002, 3001, 3014 and 7004; 40 CFR Parts 260,
261, 266 and 279 as amended September 10, 1992 (57 FR 41566) and May 3, 1993 (58 FR
26420).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
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XXI. LAND DISPOSAL RESTRICTIONS
A. State statutes and regulations provide for the restrictions of the land disposal of
certain spent solvents and dioxin-containing hazardous wastes as indicated in Revision
Checklists 34, 39, and 50.
Federal Authority: §3004(d)-(k) and (m); 40 CFR Parts 260, 261, 262, 263, 264, 265, 268
and 270 as amended on November 7, 1986 (51 FR 40572), June 4, 1987 (52 FR 21010), July
8, 1987 (52 FR 25760), and August 17, 1988 (53 FR 31138).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
B. State statutes and regulations for restricting the disposal of certain California list
wastes, including liquid hazardous waste containing polychlorinated biphenyls (PCBs) above
specified concentrations, and hazardous waste containing halogenated organic compounds
(HOCs) above specified concentrations as indicated in Revision Checklists 39, 50, and 66.
Federal Authority: RCRA §3004(d)-(k) and (m); 40 CFR Parts 262, 264, 265, 268 and 270 as
amended on July 8, 1987 (52 FR 25760), October 27, 1987 (52 FR 41295), August 17, 1988
(53 £B 31138), and September 6, 1989 (54 FR 36967).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
C. State statutes and regulations for specific treatment standards and effective dates
for certain wastes from the "First Third" of the schedule of restricted wastes listed in 40 CFR
268.10 as well as land disposal restrictions for those First Third wastes for which a treatment
standard is not established as indicated in Revision Checklists 50, 62 and 66.
Federal Authority: RCRA §3004 (d)-(k) and (m); 40 CFR Parts 264, 265, 266, and 268 as
amended on August 17, 1988 (53 FR 31138), February 27, 1989 (54 FR 8264), May 2, 1989
(54 FR 18836), September 6, 1989 (54 FR 36967) and June 13, 1990 (55 FR 23935).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
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D. State statutes and regulations for certain treatment standards and prohibition
effective dates for certain Second Third wastes and for imposing the "soft hammer"
provisions4 of 40 CFR 268.8 on Second Third wastes for which the Agency is not establishing
treatment standards as indicated in Revision Checklist 63.
Federal Authority: RCRA §3004(d)-(k) and (m); 40 CFR Part 268 as amended June 23, 1989
(54 FR 26594).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
E. State statutes and standards for treatment standards and effective dates for certain
First Third "soft hammer" wastes4 as well as for certain wastes originally contained in the Third
Third of the Schedule as indicated in Revision Checklist 63.
Federal Authority: RCRA §3004(d)-(k) and (m); 40 CFR Parts 264, 265 and 268 as amended
June 23, 1989 (54 FR 26594).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
F. State statutes and regulations provide specific treatment standards and effective
dates for the "Third Third" wastes, "soft hammer" First and Second Third wastes5, five newly
listed wastes, four wastes that fall into the F002 and F005 (spent solvent) waste codes, F025,
mixed radioactive/hazardous wastes, characteristic wastes, and multi-source leachate, as well
as establish revised treatment standards for petroleum refining hazardous wastes (K048-K052)
as indicated in Revision Checklists 78, 83 and 102.
4 "Soft hammer" wastes are those wastes for which EPA did not promulgate treatment
standards by their respective effective dates. These wastes could continue to be
disposed of in a landfill or surface impoundment until May 8, 1990 if certain
demonstrations were made and the technology requirements of RCRA §3004(o) were
met. Other types of land disposal (e.g., underground injection) were not similarly
restricted. On May 6, 1990, wastes for which EPA had not established treatment
standards became prohibited from all types of land disposal. This latter requirement is
referred to as the "hard hammer" provision and ended the soft hammer provisions which
were in effect prior to May 6, 1990.
5See Footnote 4.
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Federal Authority: RCRA §§3001 and 3004 (d)-(k) and (m); 40 CFR 261, 262, 264, 265, 268,
and 270 as am'ended June 1, 1990 (55 FR 22520), January 31, 1991 (56 FR 3864) and March
6, 1992 (57 FR 8086).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
G. [OPTIONAL: This is a reduced requirement.] State statutes and regulations provide
for alternate treatment standards for lab packs meeting certain criteria as indicated in Revision
Checklists 78 and 83.
Federal Authority: RCRA §3004(d)-(k) and (m); 40 CFR 264.316(f), 265.316(f), 268.7(a)(7),
268.7(a)(8), 268.42(c), 268.42(c)(1)-(4), and Part 268 Appendices IV and V, as amended June
1, 1990 (55 FR 22520) and January 31, 1991, (56 FR 3864).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
H. State statutes and regulations contain treatment standards under the land disposal
restrictions program for K061 as indicated in Revision Checklist 95.
Federal Authority: RCRA §3004(d)-(k) and (m); 40 CFR 268.41 and 268.42 as amended
August 19, 1991 (56 FR 41164).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
I. State statutes and regulations provide an extension of the land disposal
restriction effective date for hazardous waste debris until May 8, 1994, as indicated in Revision
Checklists 103, 116, and 123.
Federal Authority: RCRA §3004(h)(3); 40 CFR 268.35(c)-(e) as amended May 15, 1992 (57 FR
20766); October 20, 1992 (57 FR 47772); and May 14, 1993 (58 FR 28506).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
J. State statutes and regulations provide an extension of the land disposal
restriction effective date, until May 8, 1993, for 0008 lead-bearing hazardous materials stored
before secondary smelting, provided the owner/operator meets the requirements specified at 40
CFR 268.35(k), as indicated in Revision Checklist 106.
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Federal Authority: RCRA §3004(h)(3); 40 CFR 268.35(c) and (k) as amended-June 26, 1992
(57 FR 28628).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
K. State statutes and regulations provide land disposal treatment standards for
certain hazardous wastes listed after November 8, 1984 as well as treatment standards for
debris contaminated with listed hazardous wastes or debris that exhibit certain hazardous
waste characteristics as indicated in Revision Checklist 109.
Federal Authority: RCRA §§3004(d)-(k) and (m); 40 CFR 261.3(f), 268.2, 268.5, 268.7,
268.14, 268.36, 268.40, 268.41, 268.42, 268.43, 268.45, 270.13 and 270.14, as amended
August 18, 1992 (57 FR 37194).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
L. State statutes and regulations include revisions to existing land disposal
restrictions including revision of F001-F005 spent solvents treatment standards, conversion of
wastewater standards for twenty-four "F" and "K" water codes based on scrubber standards;
revisions to K061, K062 and F006 treatment standards; change of recordkeeping requirements;
and clarification of rules related to wastes listed because they exhibit a characteristic as
indicated in Revision Checklist 109.
Federal Authority: RCRA §§3004(d)-(k) and (m); 40 CFR 261.3(a)&(c), 268.9, 268.41,
268.42, 268.43 and 268.46, as amended August 18, 1992 (57 FR 37194).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
M. State statutes and regulations allow storage and treatment in containment
buildings as indicated in Revision Checklist 109.
Federal Authority: RCRA §§3004(d)-(k) and (m); 40 CFR 260.10, 262.34, 264.110, 264.111,
264.112, 264.140, 264.142, 264 Subpart DD, 265.110, 265.111, 265.112, 265.140,
265.142, 265.221, 265 Subpart DD, 268.50, 270.42 and 270.72, as amended August 18,
1992 (57 FR 37194).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
N. State statutes and regulations provide a case-by-case extension of the land
disposal effective date until May 8, 1994 for Third Third hazardous soils whose best
demonstrated available technology (BDAT) was incineration, retorting or vitrification, as well as
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for Third Third soils contaminated with radioactive mixed waste as indicated in Revision
Checklists 116 and 123.
Federal Authority: RCRA §3004(h){3); 40 CFR 268.35(c)-(e) as amended October 20, 1992
(57 FR 47772} and May 14, 1993 (57 FR 28506).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General :
O. State statutes and regulations include land disposal restrictions and treatment
standards for certain ignitable and corrosive characteristic wastes whose treatment standards
were vacated, as indicated in Revision Checklist 124.
Federal Authority: RCRA §3004(d),(e)&(g); 40 CFR 268.37 as amended on May 24, 1993 (58
FR 29860).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
XXII. MEMORANDUM OF AGREEMENT (MOA1
[If the State uses the MOA to satisfy Federal procedural requirements, the Attorney
General must certify the following:
(1) The State has the authority to enter into the agreement,
(2) The State has the authority to carry out the agreement, and
(3) No applicable State statute (including the State Administrative Procedure Act)
requires that the procedure be promulgated as a rule in order to be binding.]
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Seal of Office .
OSWER DIRECTIVE NO. 9541.00-20
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Signature
Name (Type or Print)
Title
Date
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I. Index to the checklist entries found in the
Model Revision Attorney General's Statement
Revision checklist number/name Subsections pertaining to checklist
1. Biennial Report VIII A
2. Permit Rule: Settlement
Agreement XV D
3. Interim Status Standards V A
4. Chlorinated Aliphatic Hydrocarbons I A(1)
5. National Uniform Manifests VII A
6. Permit Rule - Deficient Part A
Applications XVI J
7. Listing Warfarin & Zinc Phosphide I A(2)
8. Lime Stabilized Pickle Liquor Sludge .... ID
9. Exclusion of Household Waste IE
10. Interim Status Standards -
Applicability V A
11. Corrections to Test Methods Manual .... IF
12. Satellite Accumulation Standards IV A
13. Definition of Solid Wastes II A
14. Dioxin Listing and Management
Standards Ill A
15. Interim Status Standards for
Treatment, Storage, and Disposal
Facilities XV E
16. Paint Filter Test VI A
17 A. Small Quantity Generators
(Superceded: See Checklist 23) IB
17 B. Delisting 1C
17 C. Household Waste IE
17 D. Waste Minimization IX A(1)&(2)
17 E. Location Standards for Salt
Domes, Salt Beds, Underground
Mines, and Caves XV A & B
17 F. Liquids in Landfills VI A; X A
17 G. Dust Suppression XV C
17 H. Double Liners XVII A; XVII B(1),(2)&{3)
171. Ground-water Monitoring XI A & B
17 J. Cement Kilns XII A(1)&(2)
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I. Index to the checklist entries found in the :
Model Revision Attorney General's Statement (cont'd) ;
Revision checklist number/name Subsections pertaining to checklist
17 K. Fuel Labeling XII A(2)
17 L Corrective Action XIII A(1),(2),(3)&(4);XVI H
17 M. Pre-construction Ban XVI A
17 N. Permit Life XVI B
170. Omnibus Provision XVI C
17 P. Interim Status XVI D(1),(2),(3)&(4); XVI E & F
17 Q. Research & Development Permits XVI G
17 R. Hazardous Waste Exports XIV A
17 S. Exposure Information XVIII A
18. Listing of TDI, TDA, DNT I A(3)
19. Burning of Waste Fuel and Used Oil .... XX A
20. Spent Solvents Listing I A(4)
21. EDB Waste Listing I A(5)
22. Four Spent Solvents Listing I A(6)
23. Small Quantity Generators IB
24.' Financial Responsibility:
Settlement Agreement XV F
25. Paint Filter Test - Correction VI A; X A
26. Listing of Spent Pickle Liquor I A(7)
27. Corporate Guarantee - Liability
Coverage XV G
28. Hazardous Waste Storage and Tank
Systems XV H
29. Correction - Commercial Chemical
Products and Appendix VIII I A(8)
30. Biennial Reports; Correction VIII A; IX A
31. Exports of Hazardous Wastes XIV A
32. Standards for Generators - Waste
Minimization Certifications I B; VII A; IX A{1)&(2)
33. Listing of EBDC I A{9)
34. Land Disposal Restrictions XXI A
35. Revised Manual SW-846; Amended
Incorporation by Reference IF
36. Closure/Post-Closure Care for
Interim Status Surface Impoundments ... XV F
AGREV14 - 5/03;94
IPmud 5.3.941
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
I. Index to the checklist entries found in the
Model Revision Attorney General's Statement (cont'd) '•
Revision checklist number/name Subsections pertaining to checklist
37. Definition of Solid Wastes;
Technical Corrections II A
38. Amendments, Part B - Information
Requirements for Disposal Facilities .... XIII B
39. California List Waste Restrictions ...... XXI A; XXI B
40. List (Phase I) of Hazardous
Constituents for Ground-water
Monitoring XI C
41. Identification and Listing of
Hazardous Waste I A(8)
42. Exception Reporting for Small
Quantity Generators VII B
43. Liability Requirements; Corporate
Guarantee XV G
44 A. Permit Application Requirements
Regarding Corrective Action XIII C
44 B. Corrective Action Beyond Facility
Boundary XIII D
44 C. Corrective Action for Injection Wells .... XIII E(1),(2)&(3)
44 D. Permit Modification XVI K
44 E. Permit as Shield Provision XVI L
44 F. Permit Conditions to Protect Human
Health and the Environment XVI M
44 G. Post-closure Permits XVI N
45. Hazardous Waste Miscellaneous
Units VII C; XIII F; XV F; XV I; XVI O
46. Technical Correction - Identification
and Listing of Hazardous Waste I A(8)
47. Small Quantity Generators;
Technical Correction IB
48. Farmer Exemption; Technical
Correction XIV A
49. Treatability Studies Sample
Exemption I H
50. Land Disposal Restrictions
for First Third Scheduled Wastes XXI A, B & C
AGREV14 - 5/03/94
57 I Printed: 6/3/941
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
I. Index to the checklist entries found in the
Model Revision Attorney General's Statement (cont'd) :
.
Revision checklist number/name Subsections pertaining to checklist
51. Liability Coverage for Owners/
Operators of Treatment, Storage,
and Disposal Facilities See Revision Checklist 113
52. Standards for Hazardous Waste
Storage and Treatment Tank
Systems XV H
53. Identification and Listing of
Hazardous Waste; and Designation,
Reportable Quantities and
Notification I A(10); I I
54. Permit Modifications for Waste
Management Facilities XVI P
55. Statistical Methods for Evaluating
Ground-Water Monitoring Data from
Hazardous Waste Facilities XI D
56. Removal of Iron Dextran from the
Lists of Hazardous Wastes I A(11)
57. Removal of Strontium Sulfide from
the Lists of Hazardous Wastes I A(12)
t 58. Standards for Generators of
Hazardous Waste; Manifest
Renewal VII D
59. Hazardous Waste Miscellaneous
Units; Standards Applicable to
Owners and Operators XVI O
60. Amendment to Requirements for
Hazardous Waste Incinerator Permits .... XVI Q
61. Changes to Interim Status Facilities
for Hazardous Waste Management
Permits; XVI R & S
Modifications of Hazardous Waste
Management Permits; XVI U
Procedures for Post-Closure
Permitting XVI T
62. Land Disposal Restrictions
Amendments to First Third
Scheduled Wastes XXI C
63. Land Disposal Restrictions for
Second Third Scheduled Wastes XXI D & E
AGREV14 - 5/03/94
58 |Prait«d: 5/3/94)
-------
OSWER DIRECTIVE NO. 9641.00-20
SPA 14
I. Index to the checklist entries found in the
Model Revision Attorney General's Statement (cont'd) ••
Revision checklist number/name Subsections pertaining to checklist
64. Delay of Closure Period for Hazardous
Waste Management Facilities XV J
65. Mining Waste Exclusion I I JO)
66. Land Disposal Restrictions; Correction
to First Third Scheduled Wastes XXI B; XXI C
67. Testing and Monitoring Activities IK
68. Reportable Quantity Adjustment Methyl
Bromide Production Waste I A(13)
69. Reportable Quantity Adjustment I A(14)
70. Changes to Part 124 Not Accounted
for by Present Checklists XVI V
71. Mining Waste Exclusion II I J(2); VII E
72. Modification of F019 Listing I A(15)
73. Testing and Monitoring Activities;
Technical Corrections IK
74. Toxicity Characteristic Revisions I L
75. Listing of 1,1-Dimethylhydrazine
Production Wastes I A(16)
76. Criteria for Listing Toxic Wastes;
Technical Amendment I M
77. HSWA Codification Rule, Double Liners;
Correction XVII B(1)
78. Land Disposal Restrictions for
Third Third Scheduled Wastes I A(17); XXI F & G
79. Organic Air Emission Standards for
Process Vents and Equipment Leaks .... I N; XV K
80. Toxicity Characteristic; Hydrocarbon
Recovery Operations I O
81. Petroleum Refinery Primary and
Secondary Oil/Water/Solids Separation
Sludge Listings (F037 and F038) I A(18); I P
82. Wood Preserving Listings I A(19); I Q & R; XV L; XVI W
83. Land Disposal Restrictions for Third
Third Scheduled Wastes; Technical
Amendments I A(17); XXI F & G
84 Toxicity Characteristic;
Chlorofluorocarbon Refrigerants IS
AGREV14 - 5/03/94
59 [Printed: 6/3/94I
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
I. Index to the checklist entries found in the
Model Revision Attorney General's Statement (cont'd) :
Revision checklist number/name Subsections pertaining to checklist
85. Burning of Hazardous Waste in Boilers
and Industrial Furnaces I T & U; II B; XVI X; XX C
86. Removal of Strontium Sulfide from the ;
List of Hazardous Waste; Technical
Amendment I A(12)
87. Organic Air Emission Standards for
Process Vents and Equipment Leaks;
Technical Amendment XV K
88. Administrative Stay for K069 Listing .... I A(20)
89. Revision to F037 and F038 Listings .... I A{21)
90. Mining Exclusion III I J(2)
91. Administrative Stay for F032, F034
and F035 Listings I A(22); XV M
92. Wood Preserving Corrections I Q & R; XV L; XVI W
93. Liability Requirements; Technical
Amendments See Revision Checklist 113
94. Boilers and Industrial Furnaces
Correction/Technical Amendment I XVI X; XX C
95. Land Disposal Restrictions for
Electric Arc Furnace Dust (K061) I V & W; XXI H
96. Boilers and Industrial Furnaces
Technical Amendments II MB; XX C
97. Exports of Hazardous Waste;
Technical Correction XIV A
98. Administrative Stay for Certain
Coke Ovens XX D
99. Amendments to Interim Status
Standards for Downgradient Ground-
Water Monitoring Well Locations XI E
100. Liners and Leak Detection Systems
for Hazardous Waste Land
Disposal Units XVI Y; XVII C
101. Administrative Stay for the
Requirement that Existing Drip Pads
be Impermeable XV N
102. Second Correction to the Third
Third Land Disposal Restrictions XXI F
AGREV14 - 5/03/94
gQ IPmtcd 5/3/94I
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
I. Index to the checklist entries found in the
Model Revision Attorney General's Statement (cont'd) '•
Revision checklist number/name Subsections pertaining to checklist
103. Hazardous Debris Case-by-Case
Capacity Variance XXI I
104. Used Oil Filter Exclusion IX
105. Recycled Coke By-Product Exclusion .... I Y; XX D
106. Lead-Bearing Hazardous Materials
Case-by-Case Capacity XXI J
107. Used Oil Filter Exclusion; Technical
Corrections IX
108. Toxicity Characteristic Revisions;
Technical Corrections I L
109. Land Disposal Restrictions for Newly
Listed Wastes and Hazardous Debris .... XXI K, L & M
110. Coke By-Products Listings I A(23); I Y
111. Burning of Hazardous Waste in Boilers
and Industrial Furnaces; Technical
Amendment III II B; XX C
112. Recycled Used Oil Management Standards XX E
113. Consolidated Liability Requirements XV O, P & Q
114. Burning of Hazardous Waste in Boilers
and Industrial Furnaces; Technical
Amendment IV XX C
115. Chlorinated Toluenes Production
Waste Listing I A(24)
116. Hazardous Soil Case-by-Case Capacity
Variance XXI I & N
117A. Mixture and Derived-From Rules
Reissuance IZ
117B. Toxicity Characteristic Amendment I L
118. Liquids in Landfills II X B
119. Toxicity Characteristic Revision;
TCLP Correction I AA
120. Wood Preserving; Amendments to Listings
and Technical Requirements I A(22), (25) & (26); XV L, M, R, S & T
121. Corrective Action Management Units and
Temporary Units XIII G
122. Recycled Used Oil Management Standards;
Technical Amendments and Corrections . . XX E
AGREV14 - 5/03/94
{Printed: 5/3/941
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
I. Index to the checklist entries found in the
Model Revision Attorney General's Statement (cont'd) ;
Revision checklist number/name Subsections pertaining to checklist
123. Land Disposal Restrictions; Renewal of the
Hazardous Waste Debris Case-by-Case
Capacity Variance XXI I & N
124. Land Disposal Restrictions for Ignitable
and Corrosive Characteristic Wastes
Whose Treatment Standards Were Vacated XXI O
AQREV14 - 5/03/94
|Pnnt»d: S/3/94I
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
. Index to the non-checklist entries found in the
Model Revision Attorney General's Statement
Description Pertinent subsections
Agency for Toxic Substances and Disease
Registry, making assessment information
available to XVIII B
Availability of Information XIX A(1)-(5)
Burning and blending of hazardous waste,
RCRA §§3004(q)(2)(A) & 3004(r)(2) & (3)
exceptions XII B
Criminal penalties for waste fuel and
used oil fuel requirement violations XX B
Radioactive mixed wastes, hazardous
components of I G
Surface Impoundments:
1. existing units subject to Subtitle C
on November 8, 1984, must comply
with new unit requirements by
November 8, 1988 or stop hazardous
waste activity; newly regulated
surface impoundments must comply
within 4 years after listing or
characteristic is promulgated
(after November 8, 1984) XVI 1(1)
2. disposal of waste prohibited from
land disposal under RCRA §3004(d),
(e) or (g) Not Needed1'
3. variance under RCRA §3005(j)(2-9)
and (13) XVI l(2)
Third party direct action against financial
responsibility insurer or granter Not Delegable
I/ These requirements are taken care of when State adopts an analog to 40 CFR 268.4,
per the Land Disposal Restriction checklists.
AGREV14 - 5/03/94
53 (Printed: 5/3/94I
-------
-------
Tables G-1 and G-2
The following pages (numbered 4 through 30)
should replace pages 4 through 32 of
SAM Appendix G
-------
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
TABLE G-1. LIST OF REVISION CHECKLISTS BY CLUSTER
Through June 30, 1993
StATS1'
Rule
Code
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, 1984; Due Date -
one year after the promulgation date of the final rule^O
1
2
3
1 Biennial Report (See Revision Checklist 30)
2 Permit Rules; Settlement Agreement
3 Interim Status Standards; Applicability (See
Revision Checklist 10 in Non-HSWA Cluster
48 FR 3977 1/28/83
48 FR 39611 9/1/83
48 FR 52718 11/22/83
4
5
6
7
8
Al
9
10
11
12
13
13.1
4
5
t6
t7
t8
Non-HSWA
T9
10
11
t12
13
(13^
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
Cluster I (July 1, 1984 - June 30 1985; Due
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
49 FR 5308
49 FR 10490
49 FR 17716
49 FR 19922
49 FR 23284
Date - July 1 , 1 986^)
HSWA §3006(f)
49 FR 44978
49 FR 46094
49 FR 47390
49 FR 49568
50 FR 614
50 FR 14216
2/10/84
3/20/84
4/24/84
5/10/84
6/5/84
1 1 /8/84
11/13/84
11/21/84
1 2/4/84
1 2/20/84
1/4/85
4/11/85
15
15
(Included on Revision Checklist 13 in Non-
HSWA Cluster I)]
Interim Status Standards for Treatment,
Storage, and Disposal Facilities
50 FR 16044
4/23/85
Continued...
LIST14 - 3/30/94 i»~t*i 5/3/9*1
-------
OSWER DIRECTIVE NO. 9541.00-2
SPA 1-
TABLE G-1. LIST OF REVISION CHECKLISTS BY CLUSTER (cont'd)
Through June 30, 1993
StATS*'
Rule
Code
Revision
Checklist
Number Federal Requirement
HSWA or FR
Reference
,
Promul-
gation or
HSWA
Date'
Non-HSWA Cluster II (July 1, 1985 - June 30,
1986; Due Date - July 1, 1987^)
13.2 (13) [Definition of Solid Waste; Correction
(Included on Revision Checklist 13 in Non-
HSWA Cluster I)]
24 24 Financial Responsibility; Settlement
Agreement (See Revision Checklist 24
(Amended) in Non-HSWA Cluster VI)
26 t26 Listing of Spent Pickle Liquor (K062)
50 FR 33541
51 FR 16422
51 FR 19320
MW
27
Non-HSWA Cluster III (July 1. 1986 - June 30, 1987;
Radioactive Mixed Waste (See SPA 2)
T27-7 Liability Coverage; Corporate Guarantee
Due Date - July 1 , 1 988^)
51 FR 24504
51 FR 25350
7/3/86
7/11/86
28N
29
28N.1
26.1
(See 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 Cluster
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)]
51 FR 25422
51 FR 28296
51 FR 29430
51 FR33612
Continued.
LIST14 - 3/30/94 [Pr»md: 5/3/9
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
TABLE G-1. LIST OF REVISION CHECKLISTS BY CLUSTER (cont'd)
Through June 30, 1993
StATS1'
Rule
Code
35
36
37
38
Revision
Checklist
Number
35
36
37
38
Non-HSWA
Federal Requirement
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
Cluster IV (July 1 , 1 987 - June 30, 1 988; Due
HSWA or FR
Reference
52 FR 8072
52 FR 8704
52 FR 21306
52 FR 23447
Date- July 1, 1989^)
Promul-
gation or
HSWA
Date
3/1 6/87
3/19/87
6/5/87
6/22/87
40
41
26.2
Non-HSWA Cluster IV (July 1 , 1 987 - June 30, 1 988; Due Date
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
-July 1, 1989^)
52 FR 25942
52 FR 26012
52 FR 28697
7/9/87
7/10/87
8/3/87
Operations (See footnote 1, Revision
Checklist 26 in Non-HSWA Cluster II)]
38.1 (38) [Development of Corrective Action
Programs After Permitting Hazardous
Waste Land Disposal Facilities; Corrections
(Included on Revision Checklist 38 in Non-
HSWA Cluster III)]
43 T43-' Liability Requirements for Hazardous Waste
Facilities; Corporate Guarantee (See
Revision Checklist 27 in Non-HSWA Cluster
III)
45 45 Hazardous Waste Miscellaneous Units
(See Revision Checklist 59 in Non-HSWA V
for technical corrections)
24.1 (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
ID]
52 FR 33936
9/9/87
52 FR 44314 11/18/87
52 FR 46946 12/10/87
53 FR 7740
3/10/88
Continued...
LIST14 - 3/30/94 IPrmud. S/3/941
-------
OSWER DIRECTIVE NO. 9541.00-2
SPA 1<
TABLE G-1. LIST OF REVISION CHECKLISTS BY CLUSTER (cont'd)
Through June 30, 1993
StATS*'
Rule
Code
46
Revision
Checklist
Number
46
Non-HSWA
Federal Requirement
Technical Correction; Identification and
Listing of Hazardous Waste (Entirely
supersedes Revision Checklist 29 in Non-
HSWA Cluster III)
Cluster V (July 1 , 1 988 - June 30, 1 989; Due
HSWA or FR
Reference
53 FR 1 3382
Date - July 1, 1990^')
,
Promul-
gation or
HSWA
Date
4/22/88
49
52N
53
54
55
54.1
56
57
T49 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)
52 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)
53 Identification and Listing of Hazardous
Waste; and Designation, Reportable
Quantities, and Notification
T54 Permit Modifications for Hazardous Waste
Management Facilities
55 Statistical Methods for Evaluating Ground-
Water Monitoring Data from Hazardous
Waste Facilities
(54) [Permit Modifications for Hazardous Waste
Management Facilities (Included on
Revision Checklist 54 in Non-HSWA Cluster
V)]
t56 Identification and Listing of Hazardous
Waste; Removal of Iron Dextran from the
List of Hazardous Wastes
t57 Identification and Listing of Hazardous
Waste; Removal of Strontium Sulfide from
the List of Hazardous Wastes
53 FR 27290
53 FR 33938
53 FR 34079
53 FR35412
53 FR37912
53 FR 39720
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
Continued.
LIST14 - 3/30/94 IPrinud: 5/3/9
-------
58
59
60
61
OSWER DIRECTIVE NO. 9541.00-20
SPA .14
TABLE G-1. LIST OF REVISION CHECKLISTS BY CLUSTER (cont'd)
Through June 30, 1993
StATS*'
Rule
Code
Revision
Checklist
Number
r
Federal Requirement
HSWAorFR
Reference
Promul-
gation or
HSWA
Date
T58 Standards for Generators of Hazardous
Waste; Manifest Renewal
59 Hazardous Waste Miscellaneous Units;
Standards Applicable to Owners and
Operators (Technical correction to Revision
Checklist 45 in Non-HSWA Cluster IV)
60 Amendment to Requirements for Hazardous
Waste Incinerator Permits
t61 Changes to Interim Status Facilities for
Hazardous Waste Management Permits;
Modifications of Hazardous Waste
Management Permits; Procedures for Post-
Closure Permitting
53 FR 45089
54 FR 615
11 /8/88
1/9/89
54 FR 4286 1 /30/89
54 FR 9596 3/7/89
Non-HSWA Cluster VI (July 1, 1989 - June 30, 1990; Due Date - July 1, 1991^')
64 t64^ Delay of Closure Period for Hazardous
Waste Management Facilities
65 65 Mining Waste Exclusion I
67 67 Testing and Monitoring Activities
70-' 70 Changes to Part 124 Not Accounted for by
Present Checklists
(70) 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
Cluster VI)
54 FR 33376
54 FR 36592'
54 FR 40260
48 FR 14146
8/14/89
9/1/89
9/29/89
4/1/83
8
Continued...
LIST14 - 3/30/94 |P,,n»a. 5/3/94I
-------
OSWER DIRECTIVE NO. 9541.00-;
SPA 1
TABLE G-1. LIST OF REVISION CHECKLISTS BY CLUSTER (cont'd)
Through June 30, 1993
StATS*'
Rule
Code
Revision
Checklist
Number
Federal Requirement
Promul-
gation or
HSWA or FR HSWA
Reference Date
24A
71
72
73
76
(70) 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)
(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 Cluster
VI)
(70) National Pollutant Discharge Elimination
System Permit Regulations (See Revision
Checklist 70 in Non-HSWA Cluster VI)
24^' Financial Responsibility; Settlement
(Amended) Agreement; Correction (See Revision
Checklist 64 and footnote 4 of this table)
71 Mining Waste Exclusion II
T72 Modifications of F019 Listing
73 Testing and Monitoring Activities;
Technical Corrections
t76 Criteria for Listing Toxic Wastes;
Technical Amendment
48 FR30113
53 FR 28118 7/26/8J
53 FR 37396 9/26/8!
54 FR 246 1 /4/8!
55 FR 25976 6/26/9I
55 FR 2322 1/23/9'
55 FR 5340 2/14/9'
55 FR 8948 3/9/9
55 FR 18726 5/4/9
Continue
LIST14 - 3/30/94 iPr,n»d: 5/:
-------
78N
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
TABLE G-1. LIST OF REVISION CHECKLISTS BY CLUSTER (cont'd)
Through June 30, 1993
StATS1'
Rule
Code
Revision
Checklist
Number Federal Requirement
HSWA or FR
Reference
Promul-
gation or
HSWA
Date
78- Land Disposal Restrictions for Third
Third Scheduled Wastes (See Revision
Checklist 78 in HSWA Cluster II)
55 FR 22520
6/1/90
HSWA Cluster 1 (November 8, 1984 - June 30, 1987; Due
SR1
SR2
BB
T
T
Existing and newly regulated
surface impoundments
Variance under §3005(j)(2)-(9) and (13)
Exceptions to the Burning and Blending of
Date - July 1 , 1 9892/)
HSWA
§3005(j)(1)&(6)
HSWA §3005(j)(2)-
(9)
HSWA
CP
Hazardous Waste
Hazardous and Used Oil Fuel Criminal
Penalties
§3004(q)(2)(A)
§3004(r)(2)&(3)
HSWA §3006(h)
§3008(d) §3014
NOT DELEGABLE^'
14 14
16
16
HSWA Date of Enactment Provisions (See
Revision Checklists 17 A - S in HSWA
Cluster I)
Direct Action Against Insurers
Dioxin Waste Listing and Management
Standards
Fuel Labeling (See Revision Checklist 17 K
in HSWA Cluster I)
Paint Filter Test (See Revision Checklist 25
in HSWA Cluster I)
Prohibition of Liquids in Landfills (See
Revision Checklist 17 F in HSWA Cluster I)
Expansions During Interim Status - Waste
Piles (See Revision Checklist 17 P in HSWA
Cluster I)
Expansions During Interim Status • Landfills
and Surface Impoundments (See Revision
Checklist 17 P in HSWA Cluster I)
Numerous 1 1 /8/84
HSWA §3004(t) 11/8/84
50 FR 1978 1/14/85
HSWA §3004 2/7/85
50 FR 1 8370 4/30/85
HSWA §3004(c) 5/8/85
HSWA §301 5(a) 5/8/85
HSWA §3015(b)
5/8/85
10
Continued...
LIST14 • 3/30/94 iPnnud 5/3/941
-------
OSWER DIRECTIVE NO. 9541.00-:
SPA 1
TABLE G-1. LIST OF REVISION CHECKLISTS BY CLUSTER (cont'd)
Through June 30, 1993
StATS1'
Rule
Code
Revision
Checklist
Number Federal Requirement
HSWA or FR
Reference
1
Promul-
gation or
HSWA
Date
SI
17A
17B
17C
17D
17E
17F
17G
17H
171
17J
17K
17L
17M
17N
170
17P
17Q
17R
17S
Sharing of Information With the Agency for
Toxic Substances and Disease Registry
17 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)
t 17 B - Delisting
t 17 C - Household Waste
17 D - Waste Minimization (See Revision
Checklist 32 in HSWA Cluster 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 Cluster 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
t 17 Q - Research and Development Permits
17 R - Hazardous Waste Exports
(Superseded by 51 FR 28644, see
Revision Checklist 31 in HSWA
Cluster I)
17 S - Exposure Information
HSWA §3019(b) 7/15/8E
50 FR 28702
7/15/8E
18
19
18 Listing of TDI, TDA, DNT
19 Burning of Waste Fuel and Used Oil Fuel in
Boilers and Industrial Furnaces
11
50 FR 42936
50 FR49164
10/23/8
11/29/8
Continue
LIST14 - 3/30/94 iPrm»d: s/:
-------
21
22
23
25
28H
30
31
28H.1
32
33
34
19.1
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
TABLE G-1. LIST OF REVISION CHECKLISTS BY CLUSTER (cont'd)
Through June 30, 1993
StATS*'
Rule
Code
20
20.1
Revision
Checklist
Number
20
(20)
Federal Requirement
Listing of Spent Solvents
[Listing of Spent Solvents; Correction
HSWA or FR
Reference
50 FR 53315
51 FR 2702
Promul-
gation or
HSWA
Date
12/31/85
1/21/86
(Included on Revision Checklist 20)1
21 Listing of EDB Waste
22 Listing of Four Spent Solvents
23 Generators of 100 to 1000 kg Hazardous
Waste (See Revision Checklists 42 and 47
in HSWA Cluster II)
25 Codification Rule; Technical Correction
(Paint Filter Test)
28 Standards for Hazardous Waste Storage
and Treatment Tank Systems (Certain
sections superseded by 53 FR 34079, see
Revision Checklist 52 in HSWA Cluster II;
also see Revision Checklist 28 in Non-
HSWA Cluster III)
30 Biennial Report; Correction
31 Exports of Hazardous Waste (See Revision
Checklist 48 in HSWA Cluster II)
(28) [Standards for Hazardous Waste Storage
and Tank Systems; Corrections (See
Revision Checklist 28 in HSWA Cluster I)]
32 Standards for Generators; Waste
Minimization Certifications
33 Listing of EBDC
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) [Burning of Waste Fuel and Used Oil Fuel in
Boilers and Industrial Furnaces; Technical
Corrections (Included on Revision Checklist
19 in HSWA Cluster I)]
51 FR5327 2/13/86
51 FR 6537 2/25/86
51 FR 10146 3/24/86
51 FR 19176
51 FR 25422
51 FR 35190
52 FR 11819
5/28/86
7/14/86
51 FR 28556 8/8/86
51 FR 28664 8/8/86
51 FR 29430 8/15/86
10/1/86
51 FR 37725 10/24/86
51 FR 40572 11/7/86
4/13/87
12
Continued...
LIST14 - 3/30/94 |Pr,nt»d. S/3/94I
-------
OSWER DIRECTIVE NO. 9541.00-2
SPA 1
TABLE Q-1. LIST OF REVISION CHECKLISTS BY CLUSTER (cont'd)
Through June 30, 1993
StATS1'
Rule
Code
Revision
Checklist
Number Federal Requirement
HSWA or FR
Reference
\
Promul-
gation or
HSWA
Date
34.1 (34) [Land Disposal Restrictions; Corrections
(Included on Revision Checklist 34 in
HSWA Cluster I)]
17B.1 (17 B) [Hazardous Waste Management System:
Requirements of Rulemaking Petitions
(Included on Revision Checklist 17 B in
HSWA Cluster I)]
52 FR 21010
54 FR 27114
6/4/87
6/27/89
HSWA Cluster II (July 1, 1987 - June 30, 1990; Due Date - July 1, 1991^)
39
42
39.1
44A
44B
44C
44D
44E
44F
44G
47
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 Cluster 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 Cluster II)]
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)
52 FR 25760
52 FR 35894
7/8/87
9/23/87
52 FR 41295 10/27/87
52 FR 45788 12/1/87
53 FR 27162 7/19/88
13
Continued
LIST14 - 3/30/94 .P-..M 5/3/<
-------
48
50
52H
50.1
62
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
TABLE G-1. LIST OF REVISION CHECKLISTS BY CLUSTER (cont'd)
Through June 30, 1993
StATS1'
Rule
Code
Revision
Checklist
Number Federal Requirement
HSWA or Fg
Reference
Promul-
gation or
HSWA
Date
48
50
52
(50)
62
63
66
68
69
74
75
77
78H
63
66
68
69
74
75
77
78§'
Farmer Exemptions; Technical Corrections
(Corrects Revision Checklist 31 in HSWA
Cluster I)
Land Disposal Restrictions for First Third
Scheduled Wastes (See Revision Checklist
62 in HSWA Cluster II)
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)
[Land Disposal Restrictions (Included on
Revision Checklist 50 in HSWA Cluster II)]
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
Reportable 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)
53 FR 27164 7/19/88
53 FR 31138 8/17/88
53 FR 34079 9/2/88
54 FR 8264 2/27/89
54 FR 18836
54 FR 36967
55 FR 19262
55 FR 22520
5/2/89
54 FR 26594 6/23/89
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
5/9/90
6/1/90
14
Continued .
LIST 14 - 3/30/94 <*~*a s/3/94|
-------
66.1
79
74.1
OSWER DIRECTIVE NO. 9541.00-
SPA 1
TABLE 6-1. LIST OF REVISION CHECKLISTS BY CLUSTER (cont'd)
Through June 30, 1993
StATS*'
Rule
Code
Revision
Checklist
Number Federal Requirement
HSWA or FR
Reference
1
Promul-
gation or
HSWA
Date
(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)]
55 FR 23935
55 FR 25454
55 FR 26986
RCRA Cluster I (July 1, 1990 - June 30, 1991; Due Date - July 1 1992^)
80
81
82
81.1
83
80.1
84
85
t80 Toxicity Characteristic; Hydrocarbon
Recovery Operations (HSWA)
81 Petroleum Refinery Primary and Secondary
Oil/Water/Solids Separation Sludge Listings
(F037 and F038) (See Revision Checklist
81) (HSWA)
82 Wood Preserving Listings (HSWA/Non-
HSWA)
(81) [Petroleum Refinery Primary and Secondary
Oil/Water/Solids Separation Sludge Listings;
Correction (Included on Revision Checklist
81, RCRA Cluster I)]
83 Land Disposal Restrictions for Third
Third Scheduled Wastes; Technical
Amendment (HSWA)
(80) [Toxicity Characteristic; Hydrocarbon
Recovery Operations (Included on Revision
Checklist 80 in RCRA Cluster I)]
T84 Toxicity Characteristic; Chlorofluoro-
carbon Refrigerants (HSWA)
85 Burning of Hazardous Waste in Boilers and
Industrial Furnaces (HSWA/Non-HSWA)
55 FR 40834 10/5/9C
55 FR 46354 11/2/9J
55 FR 50450 12/6/9(
55 FR 51707 12/17/9(
56 FR 3864 01/31/9'
56 FR 3978 02/01/9
56 FR 5910 02/13/9
56 FR 7134 02/21/9
15
Continue
LIST14 - 3/30/94 IPrmud: S«
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
TABLE G-1. LIST OF REVISION CHECKLISTS BY CLUSTER (cont'd)
Through June 30, 1993
StATS*'
Rule
Code
Revision
Checklist
Number Federal Requirement
HSWA or F_8
Reference
Promul-
gation or
HSWA
Date
86 86s' Removal of Strontium Sulfide From the List
of Hazardous Waste; Technical Amendment
(Non-HSWA)
80.2 (80) [Toxicity Characteristic; Hydrocarbon
Recovery Operations (See Revision
Checklist 80 in RCRA Cluster I)]
87 87 Organic Air Emission Standards for Process
Vents and Equipment Leaks; Technical
Amendment (See Revision Checklist 79 in
HSWA Cluster II) (HSWA)
88 t88 Administrative Stay for K069 Listing (Non-
HSWA)
89 T89 Revision to F037 and F038 Listings (See
Revision Checklist 81 in RCRA Cluster I)
(HSWA)
90 90 Mining Exclusion III (Non-HSWA)
91 t91 Administrative Stay for F032, F034, and
F035 Listings (HSWA/Non-HSWA)
56 FR 7567 02/25/91
56 FR 13406 04/02/91
56 FR 19290 04/26/91
56 FR 19951 05/01/91
56 FR 21955 05/13/91
56 FR 27300 06/13/91
56 FR 27332 06/13/91
RCRA Cluster II (July 1. 1991 - June 30, 1992; Due
92 92 Wood Preserving Listings; Technical
Corrections (HSWA/Non-HSWA)
See Revision Checklist 113, Consolidated
Date - July 1 , 1 9931')
56 FR 30192
56 FR 30200
07/01/91
07/01/91
94
95
96
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)
56 FR 32688 07/17/91
56 FR41164
56 FR 42504
08/19/91
08/27/91
16
Continued...
LIST14 - 3/30/94 iPmM: s/ami
-------
OSWER DIRECTIVE NO. 9541.00-2
SPA V
TABLE G-1. LIST OF REVISION CHECKLISTS BY CLUSTER (cont'd)
Through June 30, 1993
StATS*'
Rule
Code
Revision
Checklist
Number
Federal Requirement
Promul-
gation or
HSWA or FR HSWA
Reference Date
97 97 Exports of Hazardous Waste; Technical
Correction (HSWA)
98 t98 Coke Ovens Administrative Stay (HSWA)
99 t99 Amendments to Interim Status Standards
for Downgradient Ground-Water Monitoring
Well Locations (Non-HSWA)
100 100 Liners and Leak Detection Systems for
Hazardous Waste Land Disposal Units
(HSWA/Non-HSWA)
101 t101 Administrative Stay for the Requirement
That Existing Drip Pads be Impermeable
(HSWA/Non-HSWA)
102 102 Second Correction to the Third Third Land
Disposal Restrictions (HSWA)
103 103 Hazardous Debris Case-by-Case Capacity
Variance (HSWA)
104 t104 Oil Filter Exclusion (HSWA)
105 t105 Recycled Coke By-Product Exclusion
(HSWA)
106 106 Lead-Bearing Hazardous Materials Case-by-
Case Capacity Variance (HSWA)
56 FR 43704 09/04/91
56 FR 43874 09/05/91
56 FR 66365 12/23/91
57 FR 3462 01/29/92
57 FR 5859 02/18/92
57 FR 8086 03/06/92
57 FR 20766 05/15/92
57 FR 21524 05/20/92
57 FR 27880 06/22/92
57 FR 28628 06/26/92
RCRA Cluster III (July 1, 1992 - June 30, 1993; Due Date - July 1, 1994^)
107 t107 Used Oil Filter Exclusion Corrections
(HSWA)
108 108 Toxicity Characteristic Revisions (HSWA)
109 109 Land Disposal Restrictions for Newly Listed
Waste and Hazardous Debris (HSWA)
110 110 Coke-By-Products Listings (HSWA)
111 111 Boilers and Industrial Furnaces; Technical
Amendment III (HSWA/Non-HSWA)
112 112 Recycled Used Oil Management Standards
(HSWA/Non-HSWA)
17
57 FR 29220 07/01/92
57 FR 30657 07/10/92
57 FR 37194 08/18/92
57 FR 37284 08/18/92
57 FR 38558 08/25/92
57 FR 41566 09/10/92
Continued:
LIST 14 - 3/30/94 IPnnnd: 5/3/S
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
TABLE G-1. LIST OF REVISION CHECKLISTS BY CLUSTER (cont'd)
Through June 30, 1993
StATSi'
Rule
Code
113
113.1
113.2
Revision
Checklist
Number
113
(113)
(113)
(113)
Federal Requirement
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
HSWA or FR
Reference
57 FR 42832
53 FR 33938
56 FR 30200
Promul-
gation or
HSWA
Date
9/16/92
9/1/88
7/1/91
Amendment (Non-HSWA) (formerly
withheld Revision Checklist 93)
114
115
116
117A
117A.1
117A.2
117B
118
119
114
115
116
t117 A
(117 A)
(117 A)
(117 A)
117B
118
t119
Boilers and Industrial Furnaces; Technical
Amendment IV (HSWA)
Chlorinated Toluenes Production Waste
Listing (HSWA)
Hazardous Soil Case-by-Case Capacity
Variance (HSWA)
Reissuance of the "Mixture" and "Derived-
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; TCLP
Correction (HSWA)
57 FR 44999 09/30/92
57 FR 47376 10/15/92
57 FR 47772 10/20/92
57 FR 7628 3/3/92
57 FR 23062 6/1/92
57 FR 49278 10/20/92
57 FR 23062 6/1/92
57 FR 54452 11/18/92
57 FR 55114 11/24/92
18
Continued...
LIST14 - 3/30/94 IPnnud: 5/3/94I
-------
OSWER DIRECTIVE NO. 9541.00-
SPA '
TABLE G-1. LIST OF REVISION CHECKLISTS BY CLUSTER (cont'd)
Through June 30, 1993 :
StATS*'
Rule
Code
Revision
Checklist
Number
Federal Requirement
Promul-
gation or
HSWA or FR HSWA
Reference Date
120 120 Wood Preserving; Amendments to Listings
and Technical Requirements (HSWA/Non-
HSWA)
119.1 t(119)—' [Toxicity Characteristic Revision; TCLP
Correction (included on Revision Checklist
119 in RCRA Cluster III)]
121 T121 Corrective Action Management Units and
Temporary Units (HSWA)
122 122 Recycled Used Oil Management Standards;
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
57 FR 61492 12/24/9;
58 FR 6854 2/2/9 •
58 JFR 8658 2/16/9:
58 FR 26420 5/3/9 •
58 FR 28506 5/14/91
58 FR 29860 5/24/9!
58 FR 33341 6/17/9:
t Optional.
1StATS 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 t
represent a particular rule or non-checklist item, e.g., State Availability of Information or Radioactive Mixi
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 tr
initial final rule that the correction was included on the checklist for the initial rule, rather than developing
a new checklist for the correction.
Continue
19
LIST14 - 3/30/94
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
TABLE G-1. LIST OF REVISION CHECKLISTS BY CLUSTER (cont'd)
Through June 30, 1993
4WhUe 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.
5The 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.
70nly 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 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 affected by this correction and do not have to submit an
amended Revision Checklist 24.
8Revision 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 State revises its program to adopt equivalent requirements
under State law.
9The 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 CFR 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 same time. Those States that have already adopted
the Revision Checklist 57 provisions should adopt that 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) 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 the State's lists and appendices.
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
Continued...
20 LIST14 - 3/30/94 IPr»,tM: 5/3/94I
-------
OSWER DIRECTIVE NO. 9541.00-2
SPA 1
TABLE G-1. LIST OF REVISION CHECKLISTS BY CLUSTER (confd)
Through June 30, 1993
must operate in lieu of the Federal counterpart and, in this situation, State law providing for a direct causl
of action against insurers may augment the Federal Action, but not supersede it.
11This is a conditionally optional rule; if a State chooses to adopt the November 24, 1992 (57 FJR
55114) rule, it must make this change.
21 LIST14 - 7/30/93 IP™™* 5/1
-------
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
DELEGABLEl'
Surface Impoundment Requirements:
a. Existing and newly regulated
surface impoundments
t b. Variance under §3005(j)(2)-(9)
and (13)
Sharing of Information With the Agency for Toxic
Substances and Disease Registry
t Exceptions to the Burning and Blending of
Hazardous Waste
T
1
2
3
4
5
T6
t7
t8
t9
Hazardous and Used Oil Fuel Criminal Penalties
Biennial Report
Permit Rules - Settlement Agreement
Interim Status Standards - Applicability
Chlorinated Aliphatic Hydrocarbon Listing (F024)
x
National Uniform Manifest
Permit Rules: Settlement Agreement
Warfarin & Zinc Phosphide Listing
Lime Stabilized Pickle Liquor Sludge
Household Waste
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
Non-HSWA Requirements Prior to
Non-HSWA Cluster I
Non-HSWA Cluster I
22
Continued...
LIST14 - 7/30/93 IPnnud: 5/3/941
-------
OSWER DIRECTIVE NO. 9541.00-2
SPA 1-
TABLE G-2. NUMERICAL LISTING OF REVISION CHECKLISTS
AND CORRESPONDING CLUSTER (cont'd)
Through June 30, 1993
Revision
Checklist
Number
Federal Requirement
Cluster
10
11
t12
13
14
15
16
17
18
19
20
21
22
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
Listing of Spent Solvents
Listing of EDB Waste
Listing of Four Spent Solvents
T
t
t
17 A
17B
17C
17D
17 E-
17 F-
17 G
17 H
17 I-
17 J-
17 K
17 L-
17 M
17 N
170
17 P
17 Q
17 R
17 S
Non-HSWA Cluster I
Non-HSWA Cluster I
Non-HSWA Cluster I
Non-HSWA Cluster I
HSWA Cluster I
Non-HSWA Cluster I
HSWA Cluster I
HSWA Cluster I
HSWA Cluster I
HSWA Cluster I
HSWA Cluster I
HSWA Cluster I
HSWA Cluster I
23
LIST14- 7/30/93 i
-------
OSWER DIRECTIVE NO. 9641.00-20
SPA 14
TABLE G-2. NUMERICAL LISTING OF REVISION CHECKLISTS
AND CORRESPONDING CLUSTER (cont'd) :
Through June 30, 1993
Revision
Checklist
Number
Federal Requirement
Cluster
23
242/
25
T26
28
29
30
31 '
32
33
34
35
36
37
38
39
40
41
42
Generators of 100 to 1000 kg Hazardous Waste
Financial Responsibility: Settlement Agreement
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
Identification and Listing of Hazardous Waste
Exception Reporting for Small Quantity Generators
of Hazardous Waste
HSWA Cluster I
Non-HSWA Cluster II and Non-
HSWA 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
Non-HSWA Cluster IV
HSWA Cluster II
24
Continued...
LIST14 • 7/30/93 i»mM 5/3/9*1
-------
QSWER DIRECTIVE NO. 9541.00-2
SPA 1-
TABLE G-2. NUMERICAL LISTING OF REVISION CHECKLISTS
AND CORRESPONDING CLUSTER (cont'd)
Through June 30, 1993 ,
Revision
Checklist
Number
Federal Requirement
Cluster
44
45
46
47
48
t49
50
51
52
53
T54
Liability Requirements for Hazardous Waste
Facilities; Corporate Guarantee
HSWA Codification Rule 2
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
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
Permit Modifications for Hazardous Waste
Management Facilities
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
Non-HSWA Cluster V
25
Continuw
LIST14 - 7/30/93 iPmud: 5/3
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
TABLE G-2. NUMERICAL LISTING OF REVISION CHECKLISTS
AND CORRESPONDING CLUSTER (cont'd)
Through June 30, 1993
Revision
Checklist
Number
Federal Requirement
Cluster
55
T56
T57
T58
59
60
T61
62
63
65
66
67
68
69
70
71
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
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
Mining Waste Exclusion II
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
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
Non-HSWA Cluster VI
26
Continued...
LIST14 • 7/30/93 tPrmttd: 5/3/94]
-------
OSWER DIRECTIVE NO. 9541.00-21
SPA H
TABLE G-2. NUMERICAL LISTING OF REVISION CHECKLISTS
AND CORRESPONDING CLUSTER (cont'd) :
Through June 30. 1993 t
Revision
Checklist
Number
Federal Requirement
Cluster
t72
73
74
75
t76
77
78S/
79
t80
81
82
83
t84
85
86^
87
t88
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
Administrative Stay for K069 Listing
27
Non-HSWA Cluster VI
Non-HSWA Cluster VI
HSWA Cluster II
HSWA Cluster II
Non-HSWA Cluster 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
RCRA I, Non-HSWA
J
Continue
LIST14 - 7/30/93 IPnnnd: 5/3/I
-------
OSWER DIRECTIVE NO. 9641.00-20
SPA 14
TABLE G-2. NUMERICAL LISTING OF REVISION CHECKLISTS
AND CORRESPONDING CLUSTER (cont'd)
Through June 30, 1993
Revision
Checklist
Number
Federal Requirement
Cluster
t89
90
91
92
93
94
95
96
97
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
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
Exports of Hazardous Waste; Technical Correction RCRA II, HSWA
T98
t99
100
t101
102
103
T104
T105
106
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
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
28
Continued...
LIST14 - 7/30/93 IPrnnd: 5/3/94I
-------
OSWER DIRECTIVE NO. 9541.00-2
SPA 1
TABLE G-2. NUMERICAL LISTING OF REVISION CHECKLISTS
AND CORRESPONDING CLUSTER (cont'd)
Through June 30, 1993 i
Revision
Checklist
Number
107
108
Federal Requirement
Used Oil Filter Exclusion; Technical Corrections
Toxicity Characteristics Revisions; Technical
Cluster
RCRA III, HSWA
RCRA III, HSWA
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
T117 A Reissuance of the "Mixture" and "Derived-From"
Rules
117 B Toxicity Characteristic Revision
118 Liquids in Landfills II
t119 Toxicity Characteristic Revision; TCLP Correction
120 Wood Preserving; Amendments to Listings and
Technical Corrections
T121 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 Ignitable and
Corrosive Characteristic Wastes Whose Treatment
Standards Were Vacated
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.
i
29
Continuec
LIST14 - 7/30/93 |Pr,n»d 5/3,
-------
OSWER DIRECTIVE NO. 9641.00-20
SPA 14
TABLE G-2. NUMERICAL LISTING OF REVISION CHECKLISTS
AND CORRESPONDING CLUSTER (cont'd)
Through June 30, 1993
1 Direct 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.
20nly 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 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 affected by this correction and do not have to submit an
amended Revision Checklist 24.
3While 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.
4The 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 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 State revises its program to adopt equivalent requirements
under State law.
6The 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 CFR 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 same 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) 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 material has been properly removed from
the State's lists and appendices.
30 LIST14 - 3/30/94 (Prmnd: 5/3/94I
-------
-------
Checklist Linkage Table
The following pages (numbered 3 through 9)
should replace pages 3 through 8 of
SAM Appendix H
-------
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
Revision Checklist Linkage Table
as of June 30, 1993
Revision Linked
Checklist Number Checklists Topic or Explanation
1 17 D, 30 Biennial Report
2 — Permit - Settlement Agreement1
3 10 Interim Status - Applicability
4 — Chlorinated Aliphatic Hydrocarbon Listing
5 17 D,32,58 National Uniform Manifest Requirements
6 — Permit - Settlement Agreement1
7 — Warfarin & Zinc Phosphate Listing
8 13 Lime Stabilized Pickle Liquor Sludge
9 17 C Household Waste Exclusion
10 3 Interim Status - Applicability
11 35,67,73 Corrections to Test Methods Manual
12 — Satellite Accumulation
13 8,37 Definition of Solid Waste
14 — Dioxin Waste Listing and Management
Standards
15 — Landfill Interim Status
16 25 Paint Filter Test
17 A2 23,42,47 Small Quantity Generators
17 B — Delisting
17 C 9 Household Waste Exclusion
17 D 1,5,30,32,58 Biennial Report/National Uniform Manifest
17 E — Salt Domes, Salt Beds, Underground Mines
and Caves Standards
17 F 118 Liquids in Landfills
17 G — Dust Suppression
17 H 77,100 Double Liners
171 — Ground-Water Monitoring
17 J — Cement Kilns
17 K3 19 Fuel Labeling
17 L — Corrective Action
17 M — Pre-construction Ban
17 N — Permit Life
170 — Omnibus Provision
DLINK14 - 7/30/93 Continued.
IPrntwd S.3.94I
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
Revision Checklist Linkage Table
as of June 30, 1993 (cont'd)
Revision Linked
Checklist Number Checklists
17 P
17 Q
17 R4
17 S
18
196
* 20
21
* 22
23
24
25
26
27
288
» 297
30
31
32
33
34
35
36
37
38
31,48,97
—
—
85,104,107,112,122
22
—
20
17 A,42,47
64
16
—
43
52
46
1,17 D
17 R.48,97
5.17 D.58
39.50,63.78,109
11,67.73
—
13
—
Topic or Explanation
Interim Status
Research and Development Permits
Hazardous Waste Exports
Exposure Information
TDI, TDA, & DNIT Listing
Waste Fuel/Used Oil Fuel
Spent Solvents Listing
EDB Waste Listing
Four Spent Solvents Listing
Small Quantity Generators
Financial Responsibility - Settlement
Agreement
Paint Filter Test
Spent Pickle Liquor Listing
Corporate Guarantee
Hazardous Waste Tank Systems
Listings - 261.33(e)&(f) and Associated
Appendices
Biennial Report
Exports of Hazardous Waste
National Uniform Hazardous Waste Manifest
EDBC Listing
Solvents & Dioxins Land Disposal
Restrictions
Corrections • Test Methods Manual
Surface Impoundments: Closure/Post
Closure Care
Definition of Solid Waste
Part B Information Requirements
Amendment
39 34,50,63,78,109 California List Waste Land Disposal
Restrictions
40 — List of Hazardous Constituents for Ground-
Water Monitoring
DUNK 14 - 7/30/93 Continued...
4 IPmtad: 5/3/94)
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
Revision Checklist Linkage Table
as of June 30, 1993 (cont'd)
Revision Linked
Checklist Number Checklists Topic or Explanation
41 — Container/Liner Residues
42 17 A,23,47 Small Quantity Generators
43 27 Corporate Guarantee
44 A — Permits/Corrective Action
44 B — Corrective Action Beyond Facility Boundary
44 C — Corrective Action for Injection Wells
44 D 54 Permit Modification
44 E — Permit as a Shield Provision
44 F — Permit Conditions/Health-Environment
44 G — Post-Closure Permits, Scope of Requirement
45 59 Miscellaneous Units
46 29 Listings 261.33(e),(f) and Associated
Appendices
47 17 A,23,42 Small Quantity Generators
48 17 R,31,97 Hazardous Waste Exports
49 — Sample Exemption
50 34,39,62,63,66,78,95,109 Third Third Land Disposal Restrictions
51 93 Liability Coverage
52 28 Hazardous Waste Tank Systems
53 — Smelting Waste Listing
54 44 D Permit Modification
55 — Ground-Water Monitoring Statistical
Methods
56 — Iron Dextran Listing Removal
57 86 Strontium Sulfide Listing Removal
58 5,17 D,32 National Uniform Manifest
59 45 Miscellaneous Units
60 — Incinerator Permits
61 — Changes to Interim Status Facilities
Reconstruction Limits
54 Modifications to Hazardous Waste
Management Permits (270.42 Appendix)
Procedures for Post-closure Permitting
62 50,66,109 First Third Land Disposal Restriction
Correction
63 34,39,50,78,109 Second Third Land Disposal Restrictions
DLINK14 - 7/30/93 Continued...
[Printed: 6/3/941
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
Revision Checklist Linkage Table
as of June 30, 1993 (cont'd)
Revision Linked
Checklist Number Checklists Topic or Explanation
64 24 Delay of Closure Period for Hazardous
Waste Management Facilities
65 71,90 Mining Waste Exclusion I
66 50,62,109 First Third Land Disposal Restriction
Correction
67 11,35,73 Testing and Monitoring Activities
* 68 — Methyl Bromide Production Wastes
* 69 — Chlorinated Aliphatic Hydrocarbon
Production Wastes
70 — Updates to Part 124
71 65,90 Mining Waste Exclusion II
* 72 — Modification of F019 Listing
73 11,35,67 Analytical Test Methods
74 80,84,108,1176,119 Toxicity Characteristic Revisions
* 75 — 1,1 -Dimethylhyclrazine Production Wastes
Listing
76 — Criteria for Listing Toxic Wastes
77 17 H,100 Corrections - Double Liners
* 78 34,39,50,83,100,102,103,106, Third Third Land Disposal Restrictions
109,116,123,124
79 87 Organic Air Emission Standards for Process
Vents and Equipment Leaks
80 74,84,108 Toxicity Characteristic; Hydrocarbon
Recovery Operations
* 81 89 Petroleum Refinery Primary and Secondary
Oil/Water/Solids Separation Sludge
Listings (F037 and F038)
* 82 91,92,101,120 Wood Preserving Listings
83 78,102,103,106,109,116 Third Third Land Disposal Restriction
123,124 Correction
84 74,80,108 Toxicity Characteristic
85 19,94,96,105,110,111,114 Burning of Hazardous Waste in Boilers and
Industrial Furnaces
* 86 57 Strontium Sulfide Listing Removal
87 79 Organic Air Emission Standards for Process
Vents and Equipment Leaks
DLINK14 - 7/30/93 Continued...
fi (Printed: 5/3/94]
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
Revision Checklist Linkage Table
as of June 30, 1993 (cont'd)
Revision Linked
Checklist Number Checklists Topic or Explanation
88 — Administrative Stay for K069 Listing
89 81 Revision to F037 and F038 Listing
90 65,71 Mining Waste 111
91 82,92,101,120 Administrative Stay for Wood Preserving
Wastes
92 82,91,101,120 Wood Preserving Listings; Technical
Corrections
93 51 Liability Requirements; Technical
Amendment
94 19,85,96,111,114 Burning of Hazardous Waste in Boilers and
Industrial Furnaces; Corrections and
Technical Amendments
95 50 Finalization of treatment standards for the
K061 non waste waters in the high zinc
subcategory
96 85,94,98,111,114 Burning of Hazardous Waste in Boilers and
Industrial Furnaces; Technical
Amendments II
97 17 R,31,48 Exports of Hazardous Waste; Technical
Correction
98 85,96,105,110 Burning of Hazardous Waste in Boilers and
Industrial Furnaces; Administrative Stay
of Applicability and Technical
Amendment
99 — Amendments to Interim Status Standards
for Downgradient Ground-Water
Monitoring Well Locations
100 17 H,77 Liners and Leak Detection Systems for
Hazardous Waste Land Disposal Units
101 82,91,92,120 Existing Drip Pad Administrative Stay
102 78,83 Second Correction to the Third Third Land
Disposal Restrictions
103 78,83,109,116,123 Hazardous Debris Case-by-Case Capacity
Variance
104 107,112 Used Oil Filter Exclusion
105 85,98,110 Recycled Coke By-Product Exclusion
DLINK14 - 7/30/93 Continued...
(Printod- 6/3/941
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
Revision Checklist Linkage Table
as of June 30, 1993 (cont'd)
Revision Linked
Checklist Number Checklists Topic or Explanation
106 78,83,109,116 Lead-Bearing Hazardous Materials Case-by-
Case Capacity Variance
107 104 Used Oil Filter Exclusion Corrections
108 74,1178,119 Toxicity Characteristic Revisions
109 34,39,50,63,78,103,106 Newly Listed Wastes and Hazardous Debris
Land Disposal Restrictions
110 85,98,105 Coke By-Products Listings
111 85,94,96,114 Boilers and Industrial Furnaces; Technical
Amendment III
112 19,104,107,122 Recycled Used Oil Management Standards
113 — Liability Coverage and Financial
Responsibility
114 85,94,96,111 Boilers and Industrial Furnaces; Technical
Amendment IV
115 — Chlorinated Toluenes Production Waste
Listing
116 78,83,103,106,123 Hazardous Soil Case-by-Case Capacity
Variance
117 A — "Mixture" and "Derived-from" Rules
117 B 74,108,119 Toxicity Characteristic Revision
118 17 F Liquids in Landfills II
119 74,108,117 B Toxicity Characteristic Revision; TCLP
Correction
120 82,91,92,101 Wood Preserving; Amendments to Listings
and Technical Requirements
121 — Corrective Action Management Units and
Temporary Units
122 19,112 Recycled Used Oil Management Standards;
Technical Amendments and Corrections
123 78,83,103,116 Hazardous Waste Debris Case-by-Case
Capacity Variance Renewal
124 78,83 Land Disposal Restrictions for Ignitable and
Corrosive Characteristic Wastes Whose
Treatment Standards Were Vacated
DLINK14 - 7/30/93 Continued...
3 (Printed: 5/3/941
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
Revision Checklist Linkage Table
as of June 30, 1993 (cont'd)
Revision
Checklist Number
Linked
Checklists
Topic or Explanation
* These are checklists affecting the lists of hazardous waste in 40 CFR 261, Subpart D.
1 While Revision Checklists 2 and 6 address similar topics, they affect different sections of
code.
2 Superseded by Revision Checklist 23.
3 Superseded by Revision Checklist 19.
4 Superseded by Revision Checklist 31.
6 Superseded by Revision Checklists 85 and 112.
6 Contains sections superseded by Revision Checklist 52.
7 Superseded by Revision Checklist 46.
DUNK14- 7/30/93
I Printed: 5/3/941
-------
Revision Checklist 100
The following version of Revision Checklist 100
should replace the existing version in
SAM Appendix J
-------
-------
OSWER DIRECTIVE NO. 9541.00-2(
SPA "U
RCRA REVISION CHECKLIST 100
Liners and Leak Detection Systems for Hazardous Waste I
Land Disposal Units
57 FR 3462-3497
January 29, 1992
(RCRA Cluster II, Both HWSA and Non-HWSA provisions)
Notes: 1) As is explained in the preamble (57 FR 3480 & 3481), EPA considers all of this rule tc
be promulgated pursuant to HSWA, with the exception of the Construction Quality Assurance
Program (CQA) as it applies to final cover requirements.
2) The final rule addressed by this checklist completely modifies the existing 264.221 (c) and
264.301(c) regulations as promulgated by Revision Checklist 17 H (June 15, 1985; 50 FR
28702) and amended by Revision Checklist 77 (May 9, 1990; 55 FR 19262). Revision Checklist
100 supercedes Revision Checklist 77 and expands the provisions of Revision Checklist 17 H.
States not yet authorized for Revision Checklist 77 should adopt this present checklist rather thar
Revision Checklist 77. Note that States must either be authorized for Revision Checklist 17 H
before they can be authorized for the Revision Checklist 100 changes. The State must be
authorized for the Revision Checklist 17 H and the Revision Checklist 100 changes at the same
time. Thus, States which have not yet adopted Revision Checklist 17 H should adopt that
checklist when adopting the requirements addressed by Revision Checklist 100. Such States
should also submit Revision Checklist 77, when seeking authorization for Checklist 100, to
receive "credit" for Revision Checklist 77 in StATS, even though that checklist was superceded
by Revision Checklist 100.
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN
GENT
BROADER
IN
SCOPE
PART 260 - HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL
SUBPART B - DEFINITIONS
DEFINITIONS
add "replacement unit"
revise "sump"
260.10
260.10 .
January 29, 1992 - Page 1 of 46
CL100 14
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1 0 94 Pnnti
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OSWER DIRECTIVE NO. 9541.00-20
SPA 14
Revision Checklist 100: Hazardous Waste Land Disposal Units (cont'd)
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN
GENT
BROADER
IN-
SCOPE
PART 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE
TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SUBPART B - GENERAL FACILITY STANDARDS
GENERAL INSPECTION REQUIREMENTS
change "terms" to "items";
replace "264.194" with
"264.193, 264.195";
remove "264.253"; add
"264.278
264.15(b)(4)
1 CONSTRUCTION QUALITY ASSURANCE PROGRAM
2 CQA program
required for all surface
impoundment, wastepile
and landfill units that must
comply with
264.221 (c)&(d),
264.251 (c)&(d), and
264.301(c)&(d); program
must ensure constructed
unit meets or exceeds all
permit design criteria and
specifications; program
must be developed and
implemented under a CQA
officer who is a registered
professional engineer
,
the physical components
the CQA program must
address
264.19(a)
264.19(a)(1)
264.19(a)(2)
264.1 9(a)(2)(i)
264.1 9(a)(2)(ii)
264.19(a)(2)(iii)
264.19(a)(2(iv)
264.1 9(a)(2)(v)
264.19(a)(2)(vi)
,,
January 29, 1992 - Page 2 of 46
CL100 14 5.V94
15,10.94 Printed)
-------
OSWER DIRECTIVE NO. 9541.00-:
SPA1
Revision Checklist 100: Hazardous Waste Land Disposal Units (cont'd)
FEDERAL REQUIREMENTS
before construction begins,
owner/operator must
develop a written CQA
plan; must identify steps
that will be used to monitor
and document quality of
materials and condition and
manner of their installation;
what the CQA plan must
include:
identification of applicable
units and how they will be
constructed
identification of key CQA
plan development and
implementation personnel;
CQA officer qualifications
inspection and sampling
activities' description; what
must be described
contents of program
must include observations,
inspections, tests, and
measurements sufficient to
ensure:
structural stability and
integrity of 264.19(a)(2)
units
proper construction
according to permit
specifications and good
engineering practices, and
proper installation
according to design
specifications
FEDERAL RCRA CITATION
264.19(b)
264.19(b){1)
264.19(b)(2)
264.1 9(b)(3)
264.19{c)
264.1 9(c)(1)
264.19(c)(1)(i)
264.1 9(c)(1)(ii)
ANALOGOUS STATE
CITATION
STATE ANALOG IS: /
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN
GENT
BROADEI
IN
SCOPE
(
I
January 29, 1992 - Page 3 of 46
CL100.U - 5/5/94 fW
|5/16/94:Pnn
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OSWER DIRECTIVE NO. 9541.00-20
SPA 14
Revision Checklist 100: Hazardous Waste Land Disposal Units (cont'd)
FEDERAL REQUIREMENTS
material conformity with
design and other material
specifications
test fills for compacted
soils liners, using full scale
compaction methods to
ensure liners are
constructed to meet
specific hydraulic
conductivity requirements;
compliance verified by in-
situ testing on constructed
test fill; conditions under
which alternate may be
accepted
certification to Regional
Administrator before waste
received; signed by CQA
officer stating that
approved CQA plan
successfully carried out and
units meet specific
requirements;
270.30(l)(2)(ii) procedure
complete; documentation
furnished upon request
FEDERAL RCRA CITATION
264.19(c)(1)(iii)
264.1 9(c)(2)
264.19(d)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN
GENT
BROADER
IN
SCOPE
SUBPART E - MANIFEST SYSTEM, RECORDKEEPING, AND REPORTING
OPERATING RECORD
insert "264. 19, 264.191,
264.193, 246.195,
264.222, 264.223";
replace "264.253,
264.254" with "264.252 -
264.254" and "264.303"
with "264.302 - 264.304"
264.73(b)(6)
January 29, 1992 - Page 4 of 46
CL100.14 - 5/5/94 Ravmd
|5/16/94:Pnnt»d]
-------
OSWER DIRECTIVE NO. 9541.00-2
SPA 1
Revision Checklist 100: Hazardous Waste Land Disposal Units (cont'd)
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS: j
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN
GENT
BROADEF
IN
SCOPE
SUBPART K - SURFACE IMPOUNDMENTS
DESIGN AND OPERATING REQUIREMENTS
completely revise
paragraph; surface
impoundments which must
install two or more liners
and a leachate collection
and removal system
between such liners;
"construction commences"
defined under "existing
facility"
liner system must include:
top liner designed and
constructed to prevent
migration of hazardous
constituents into liner for
specified period
composite bottom liner
consisting of at least two
components; upper
component to prevent
migration of hazardous
constituents into this
component during specified
period; lower component
designed and constructed
to minimize such migration
if upper component is
breached; specified
thickness and hydraulic
conductivity
liners must comply with
264.221 (a)(1),(2)&(3)
264.221 (c)
264.221 (c)(1)(i)
264.221 (cK1Ki)(A)
264.221 (c)(1)(i)(B)
264.221 (c)(1)(ii)
January 29, 1992 - Page 5 of 46
CL1OO 14 - 5/5/94 flevi
[5/16/94:Pnir
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
Revision Checklist 100: Hazardous Waste Land Disposal Units (cont'd)
FEDERAL REQUIREMENTS
relationship between
leachate collection and
removal system and a "leak
detection system"; what
system must be capable of;
minimum requirements
bottom slope of 1 percent
or more
constructed of: 1 ) granular
drainage materials with
IxlO^cm/sec or more
hydraulic conductivity and
12 in. (30.5 cm) or more
thickness, or 2) synthetic
or geonet drainage
materials with 3x10"
4m2/sec or more
transmissivity
construction material
specifications
designed and operated to
minimize clogging during
active life and post-closure
care period
specifications for sumps
and liquid removal methods
collect and remove
pumpable liquids in sumps
to minimize head on bottom
liner
what must be
demonstrated if leak
detection system is not
located completely above
seasonal high water table
FEDERAL RCRA CITATION
264.221 (c)(2)
264.221 (c)(2)(i)
264.221 (c)(2)(ii)
264.221 (c)(2)(iii)
264.221 (c)(2)(iv)
264.221 (c)(2)(v)
264.221 (c){3)
264.221 (c)(4)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN
GENT
BROADER
IN
SCOPE
a
January 29, 1992 - Page 6 of 46
CL100 14 - 5/5/94 Raviud
15/16/94 Printed!
-------
OSWER DIRECTIVE NO. 9541.00-2
SPA 1
Revision Checklist 100: Hazardous Waste Land Disposal Units (cont'd)
FEDERAL REQUIREMENTS
Regional Administrator may
approve alternate design or
operating practices if owner
or operator can
demonstrate that
design/practices will:
prevent hazardous
constituent migration into
ground or surface water as
effectively as system
specified in 264. 221 (c),
and
allow detection of
hazardous constituent leaks
through top liner at least as
effectively
redesignate old 264. 221 (f)
as 264. 221 (g); add new
paragraph on exemption
from 264.221(c) for
replacement surface
impoundment unit
meets RCRA
3004(o){1 )(A)(i) and (o)(5)
design standards
no reason to believe liner is
not functioning as designed
old 264.221 (f),(g)&(h)
become 264.221 (g),(h)&(i)
FEDERAL RCRA CITATION
264.221 (d)
264.221 (d)(1)
264.221 (d)(2)
264.221 (f)
264.221 (f)(1)
264.221 (f)(2)
264.221 (g)-(i)
ANALOGOUS STATE
CITATION
'
.
STATE ANALOG IS: j
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN
GENT
BROADER
IN
SCOPE
I
January 29, 1992 - Page 7 of 46
CL100 14 -5/5/94 Ftovw
15/16/94 Pnnta
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
Revision Checklist 100: Hazardous Waste Land Disposal Units (cont'd)
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN
GENT
BROADER
IN
SCOPE
ACTION LEAKAGE RATE
Regional Administrator
approval of action leakage
rate for surface
impoundment units subject
to 264.221 (c)or(d);
definition of action leakage
rate; adequate safety
margin
how to determine if action
leakage rate has been
exceeded; unless another
calculation approved,
average daily flow rate
calculated weekly, during
active life and closure
period and monthly during
post-closure care period
264.222(a)
264.222(b)
RESPONSE ACTIONS
approved response action
plan before receipt of
waste for surface
impoundments subject to
264.22 Kc)or(d); address
actions if action leakage
rate exceeded; at a
minimum plan must
describe actions in
264.223(b)
responsibilities if flow rate
into leak detection system
exceeds the action leakage
rate for any sump:
notify Regional
Administrator in writing
within seven days of
determination
264.223O)
264.223(b)
264.223(b)(1)
January 29, 1992 - Page 8 of 46
CL100 14 - 5/5/94 RaviMd
[5/16/94 Printed]
-------
OSWER DIRECTIVE NO. 9541.00-2
SPA 1
Revision Checklist 100: Hazardous Waste Land Disposal Units (cont'd)
FEDERAL REQUIREMENTS
preliminary assessment to
Regional Administrator
within 1 4 days of
determination; what
assessment must address
determine location, size and
cause of any leak
determine whether 1 )
waste receipt should cease
or be curtailed, 2) waste
should be removed for
inspection, repairs, or
controls, or 3) unit should
be closed
determine short- and
longer-term actions to
mitigate or stop any leaks
within 30 days after
Regional Administrator
notification, submit the
results of 264.223(b)(3H5)
analyses, the results of
actions taken, and actions
planned; thereafter, as long
as flow rate exceeds action
leakage rate, monthly
report to Regional
Administrator summarizing
results of remedial actions
taken and actions planned
how the 264.223(b)(3)-(5)
determinations must be
made:
assess the source of liquids
and amounts by source
FEDERAL RCRA CITATION
264.223(b)(2)
264.223(b)(3)
264.223(b)(4)
264.223(b)(5)
264.223(b)(6)
264.223(c)
264.223(c)(1)(i)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN
GENT
BROADER
IN
SCOPE
I
January 29, 1992 - Page 9 of 46
CL100.14 - 5/5/94 Ravi
15/16/94-Pnnt
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
Revision Checklist 100: Hazardous Waste Land Disposal Units (cont'd)
FEDERAL REQUIREMENTS
conduct analyses of liquids
in leak detection system to
identify sources of liquids
and location of leaks, and
the hazard and mobility of
the liquid
assess seriousness of leaks
document why
assessments not needed
FEDERAL RCRA CITATION
264.223(0(1 )(ii)
264.223(0(1 )(iii)
264.223(c)(2)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN
GENT
BROADER
IN
SCOPE
MONITORING AND INSPECTION
if leak detection system
required under
264.221 (c)or(d), record
amount of liquids removed
from each sump, at least
weekly during active life
and closure period
after final cover installed, at
least monthly record the
amount of liquids removed
from each leak detection
sump; when quarterly and
semi-annual recording
allowed; when monthly
recording must resume
definition of "pump
operating level"
264.226(d)(D
264.226(d)(2)
264.226(d)(3)
•
January 29, 1992 - Page 10 of 46
CL100.14 -5/5/94 Ravned
15/16/94 Printed!
-------
OSWER DIRECTIVE NO. 9541.00-;
SPA 1
Revision Checklist 100: Hazardous Waste Land Disposal Units (cont'd)
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS: |
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN
GENT
BROADEF
IN
SCOPE
CLOSURE AND POST-CLOSURE CARE
redesignate old
264.228(b)(2) as
264.228(b)(3); add new
paragraph addressing
maintaining and monitoring
leak detection system in
accordance with
264.221 (c)(2)(iv)&(3) and
264.226(d); comply with
other applicable Part 264
leak detection requirements
redesignated 264.228(b)(2)
becomes new
264.228(b)(3)
redesignated 264.228(b)(3)
becomes new
264.228(b)(4)
264.228(b)(2)
264.228(b)(3)
264.228(b)(4)
I
SUBPART L - WASTE PILES
DESIGN AND OPERATING REQUIREMENTS
redesignate old 264.25 1(c)
as 264.25 Kg); add new
paragraph addressing waste
piles that must install two
or more liners and a
leachate collection and
removal system above and
between these liners;
"construction commences"
defined under "existing
facility"
liner system must include:
top liner designed and
constructed to prevent
migration of hazardous
constituents into liner for
specified period
264.25 1(c)
264.251 (c)(1)(i)
264.251
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
Revision Checklist 100: Hazardous Waste Land Disposal Units (cont'd) .
FEDERAL REQUIREMENTS
composite bottom liner
consisting of at least two
components; upper
component to prevent
migration of hazardous
constituents into this
component during specified
period; lower component
designed and constructed
to minimize such migration
if upper component is
breached; specified
thickness and hydraulic
conductivity
liners must comply with
264.251 (a)(1)(i)-(iii)
leachate collection and
removal system must
collect and remove leachate
from the waste pile during
the active life and post-
closure care period;
Regional Administrator to
specify permit conditions to
ensure leachate depth over
liner does not exceed 30
cm (1 ft); leachate
collection and removal
system must comply with
264.251 (c)(3)(iii)&(iv)
relationship between
leachate collection and
removal system and the
leak detection system;
what the leak detection
system must be capable of;
minimum requirements:
bottom slope of 1 percent
or more
FEDERAL RCRA CITATION
264.251 (c)(1)(i)(B)
264.251 (c)(1)(ii)
>
264.251(0(2)
264.251 (c)(3)
264.251 (c)(3)(i)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN
GENT
BROADER
IN
SCOPE
.
January 29, 1992 - Page 12 of 46
CL10O 14 5/V94 flcviMd
[6.10.94 Pnm»d|
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OSWER DIRECTIVE NO. 9541.00-2
SPA 1
Revision Checklist 100: Hazardous Waste Land Disposal Units (cont'd)
FEDERAL REQUIREMENTS
constructed of: 1 ) granular
drainage materials with
hydraulic conductivity of
1x10'2cm/sec or more, and
12 in. (30.5 cm) or more
thickness; or 2) synthetic
or geonet drainage
materials with
3x10-5m2/sec or more
transmissivity
construction material
specifications
designed/operated to
minimize clogging during
active life and post-closure
care period
specifications for sumps
and liquid removal methods
collect and remove
pumpable liquids in leak
detection system sumps to
minimize head on the
bottom liner
what must be
demonstrated if leak
detection system not
located completely above
seasonal high water table
redesignate old 264.251 (d)
as 264.251 (h); add new
paragraph addressing
circumstances under which
Regional Administrator may
approve alternate design or
operating practices if
owner/operator can
demonstrate that
design/practices will:
FEDERAL RCRA CITATION
264.251 (c)(3)(ii)
264.251 (c)(3)(iii)
264.251 (c)(3)(iv)
264.251 (c)(3)(v)
264.25 1(c)(4)
264.251 (c)(5)
264.251 (d)
ANALOGOUS STATE
CITATION
STATE ANALOG IS: j
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN
GENT
BROADER
IN
SCOPE
|
1
i
January 29, 1992 - Page 13 of 46
CL100.14 - 5/5/94 R»v«
(5/18/94:Prirm
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
Revision Checklist 100: Hazardous Waste Land Disposal Units (cont'd)
FEDERAL REQUIREMENTS
prevent hazardous
constituent migration into
ground or surface water as
effectively as system
specified in 264.25 1(c),
and
allow detection of
hazardous constituent leaks
through top liner at least as
effectively
redesignate old 264.251 (e)
as 264.25 1(i); add new
paragraph addressing
monofills granted a
264.221(e) waiver by
Regional Administrator
redesignate old 264.251(f)
as 264.25 1(j); add new
paragraph addressing when
a replacement waste pile
owner/operator is exempt
from 264.25 1(c)
meets RCRA
3004(o)(1)(A)(i) and (o)(5)
design standards
no reason to believe liner is
not functioning as designed
old 264.25 1{c)-(g) become
new 264.25 Kg)-(k)
FEDERAL RCRA CITATION
264.251 (d)(1)
264.251 (d)(2)
264.251(e)
264.25 1(f)
264.251 (f)(1)
264.251 (f)(2)
264.251 (g)-(k)
ANALOGOUS STATE -
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN
GENT
BROADER
IN
SCOPE
ACTION LEAKAGE RATE
Regional Administrator
approval of action leakage
rate for waste pile units
subject to 264.25KC) or
(d); definition of action
leakage rate; adequate
safety margin
264.252(a)
January 29, 1992 - Page 14 of 46
CL100.U - 5/5/94 foviud
[5/16/94-Print»d|
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OSWER DIRECTIVE NO. 9541.00-2<
SPA H
Revision Checklist 100: Hazardous Waste Land Disposal Units (cont'd)
FEDERAL REQUIREMENTS
how to determine if action
leakage rate has been
exceeded; unless another
calculation approved.
average daily flow rate
calculated weekly, during
active life and closure
period
FEDERAL RCRA CITATION
264.252{b)
ANALOGOUS STATE
CITATION
STATE ANALOG IS: |
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN
GENT
BROADER
IN
SCOPE
RESPONSE ACTIONS
approved response action
plan before receipt of
waste for waste piles
subject to 264.25 1(c) or
(d); address actions if
action leakage rate
exceeded; plan must
describe actions in
264.253(b)
responsibilities if flow rate
into leak system exceeds
the action leakage rate for
any sump:
notify Regional
Administrator in writing
within seven days of
determination
preliminary assessment to
Regional Administrator
within 1 4 days of
determination; what
assessment must address
determine location, size and
cause of any leak
264.253(a)
264.253(b)
264.253(b)(1)
264.253(b)(2)
264.253(b)(3)
January 29, 1992 - Page 15 of 46
CL100 14 - 5/5/94 Rovii
|5/16/94-Ptinti
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
Revision Checklist 100: Hazardous Waste Land Disposal Units (cont'd)
FEDERAL REQUIREMENTS
determine if 1 ) waste
receipt should cease or be
curtailed, 2) waste should
be removed for inspection,
repairs, or controls, and 3)
unit should be closed
determine short- and
longer-term actions to
mitigate or stop any leaks
within 30 days after
Regional Administrator
notification, submit the
results of 264.253(b)(3)-(5)
analyses, the results of
actions taken and actions
planned; thereafter, as long
as flow rate exceeds action
leakage rate, monthly
report to Regional
Administrator summarizing
results of remedial actions
taken and actions planned
how the 264.253(b)(3),
(4), & (5) determinations
must be made
assess the source of liquids
and amounts by source
conduct analyses of liquids
in leak detection system to
identify sources of liquids
and location of leaks, and
the hazard and mobility of
the liquid
assess seriousness of leaks
document why
assessments not needed
FEDERAL RCRA CITATION
264.253(b)(4)
264.253(b)(5)
264.253(b)(6)
264.253(c)
264.253(0(1 Hi)
264.253(0(1 )(ii)
264.253(0(1 )(iii)
264.253(0(2)
ANALOGOUS STATE
CITATION
/
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN
GENT
BROADER
IN
SCOPE
January 29, 1992 - Page 16 of 46
CL10O.14 - 5/5/94 RaviMd
15/16/94 Printed)
-------
OSWER DIRECTIVE NO. 9541.00-2<
SPA -U
Revision Checklist 100: Hazardous Waste Land Disposal Units (cont'd)
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS: |
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN
GENT
BROADER
IN
SCOPE
MONITORING AND INSPECTION
if leak detection system
required under 264. 251 (c),
record amount of liquids
removed from each sump,
at least weekly during
active life and closure
period
264.254(c)
SUBPART N - LANDFILLS
DESIGN AND OPERATING REQUIREMENTS
completely revise
paragraph; landfills that
must install two or more
liners and a leachate
collection and removal
system above and between
such liners; "construction
commences" defined under
"existing facility"
the liner system must
include:
top liner designed and
constructed to prevent
migration of hazardous
constituents into liner for
specified period
264.301 (c)
264.301 {c){1 Hi)
264.301 (c)(1)(i)(A)
,
t
January 29, 1992 - Page 17 of 46
CL100.14 • 5/5/94 R»v»
t5/ia/94:Prmt«
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
Revision Checklist 100: Hazardous Waste Land Disposal Units (cont'd)
FEDERAL REQUIREMENTS
composite bottom liner
consisting of at least two
components; upper
component to prevent
migration of hazardous
constituents into this
component during specified
period; lower component
designed and constructed
to minimize such migration
if upper component is
breached; specified
thickness and hydraulic
conductivity
liners must comply with
264.301 (a)(1)(i)-(iii)
leachate collection and
removal system must
collect and remove leachate
from the landfill during the
active life and post-closure
care period; Regional
Administrator to specify
permit conditions to ensure
leachate depth over liner
does not exceed 30 cm (1
ft); leachate collection and
removal system must
comply with
264.301 (c)(3)(iii)&(iv)
relationship between
leachate collection and
removal system and the
leak detection system;
what the leak detection
system must be capable of;
minimum requirements:
bottom slope of 1 percent
or more
FEDERAL RCRA CITATION
264.301 (c)(1)(i)(B)
264.301 (c)(1)(ii)
264.301 (c)(2)
264.301 (c)(3)
264.301 (c)(3)(i)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN
GENT
BROADER
IN
SCOPE
January 29, 1992 - Page 18 of 46
CL100.14 • 5/5/94 Revwod
15/16/94-Print ad)
-------
OSWER DIRECTIVE NO. 9541.00-2
SPA 1«
Revision Checklist 100: Hazardous Waste Land Disposal Units (cont'd)
FEDERAL REQUIREMENTS
constructed of: 1 ) granular
drainage materials with
hydraulic conductivity of
1x10'2cm/sec or more, and
12 in. (30.5 cm) or more
thickness; or 2) synthetic
or geonet drainage
materials with
3x10'5m2/sec or more
transmissivity
construction material
specifications
designed/operated to
minimize clogging during
active life and post-closure
care period
specifications for sumps
and liquid removal methods
collect and remove
pumpable liquids in leak
detection system sumps to
minimize head on the
bottom liner
what must be
demonstrated if leak
detection system not
located completely above
seasonal high water table
completely revise
paragraph; Regional
Administrator may approve
alternate design or
operating practices if
owner/operator can
demonstrate that
design/practices will:
FEDERAL RCRA CITATION
264.301 (c)(3)(ii)
264.301 (c)(3)(iii)
264.301 (c)(3)(iv)
264.301 (c)(3)(v)
264.301 (c)(4)
264.301 (c)(5)
264.301 (d)
ANALOGOUS STATE
CITATION
STATE ANALOG IS: j
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN
GENT
BROADER
IN
SCOPE
j
I
January 29, 1992 - Page 19 of 46
CL100.14 -5/5/94 R«vi
15/16/94-Pnrt
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
Revision Checklist 100: Hazardous Waste Land Disposal Units (cont'd)
FEDERAL REQUIREMENTS
prevent hazardous
constituent migration into
ground or surface water as
effectively as system
specified in 264.301 (c),
and
allow detection of
hazardous constituent leaks
through top liner at least as
effectively
redesignate old paragraph
264.301 (f) as 264.301 (g);
add new paragraph
addressing when a
replacement landfill
owner/operator is exempt
from 264.301 (c)
meets RCRA
3004(o)(1 )(A)(i) and (o)(5)
design standards
no reason to believe liner is
not functioning as designed
old 264.301 (f)-(k) become
new 264.301 (g)-(l)
FEDERAL RCRA CITATION
264.301 (d)(1)
264.301 (d)(2)
264.301 (f)
264.301 (f)(1)
264.301 (f)(2)
264.301 (g)-(l)
ANALOGOUS STATE
CITATION
STATE ANALOG IS.
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN
GENT
BROADER
IN
SCOPE
ACTION LEAKAGE RATE
8
Regional Administrator
approval of action leakage
rate for landfill units subject
to 264.301 (c) or (d);
definition of action leakage
rate; adequate safety
margin
264.302(a)
January 29, 1992 - Page 20 of 46
CL100 14 - 5/5/94 Revised
15/16/94 Pnntodl
-------
OSWER DIRECTIVE NO. 9541.00-2
SPA 1
Revision Checklist 100: Hazardous Waste Land Disposal Units (cont'd) .
FEDERAL REQUIREMENTS
how to determine if action
leakage rate has been
exceeded; unless another
calculation approved.
average daily flow rate
calculated weekly, during
active and closure period
FEDERAL RCRA CITATION
264.302(b)
ANALOGOUS STATE
CITATION
STATE ANALOG IS: |
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN
GENT
BROADER
IN
•SCOPE
MONITORING AND INSPECTION
if leak detection system
required 264. 301 (c) or (d),
record amount of liquids
removed from each sump
at least weekly during the
active life and closure
period
after final cover installed, at
least monthly record the
amount of liquids removed
from each leak detection
sump; when quarterly and
semi-annual recording
allowed; when monthly
recording must resume
definition of "pump
operating level"
264.303(c)(1)
264.303(c){2)
264.303(0(3}
*
\
RESPONSE ACTIONS
approved response action
plan before receipt of
waste for landfills subject
to 264.30 1{c) or (d);
address actions if action
leakage rate exceeded; at a
minimum, plan must
describe actions in
264.304(b)
264.304{a)
*
January 29, 1992 - Page 21 of 46
CL100 14 . S/«/94
15,18. »4
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
Revision Checklist 100: Hazardous Waste Land Disposal Units (cont'd)
FEDERAL REQUIREMENTS
responsibilities if flow rate
into leak detection system
exceeds the section leakage
rate for any sump
notify Regional
Administrator in writing
within seven days of
determination
preliminary assessment to
Regional Administrator
within 1 4 days of
determination; what
assessment must address
determine location, size and
cause of any leak
determine if 1 ) waste
receipt should cease or be
curtailed, 2) waste should
be removed for inspection,
repairs, or controls, and 3)
unit should be closed
determine short- and
longer-term actions to
mitigate or stop any leaks
within 30 days after
Regional Administrator
notification, submit the
results of 264.304(b){3)-(5)
analyses, the results of
actions taken and actions
planned; thereafter, as long
as flow rate exceeds action
leakage rate, monthly
report to Regional
Administrator summarizing
results of remedial actions
taken and actions planned
FEDERAL RCRA CITATION
264.304(b)
264.304(b)(1)
264.304{b)(2)
264.304(b)(3)
264.304(b)(4)
264.304(b}(5)
264.304(b)(6)
ANALOGOUS STATE
CITATION
STATE ANALOG IS.
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN
GENT
BROADER
IN
SCOPE
January 29, 1992 - Page 22 of 46
CL1OO 14
15. 18.94 Pnm*dl
-------
OSWER DIRECTIVE NO. 9541.00-2
SPA1
Revision Checklist 100: Hazardous Waste Land Disposal Units (cont'd)
FEDERAL REQUIREMENTS
how the 264.304(b)(3)-(5)
determinations must be
made
assess the source of liquids
and amounts by source
conduct analyses of liquids
in leak detection system to
identify sources of liquids
and location of leaks, and
the hazard and mobility of
the liquid
assess seriousness of leaks
document why
assessments not needed
FEDERAL RCRA CITATION
264.304(c)
264.304(c)(1)(i)
264.304(c)(1)(ii)
264.304(c)(1)(iii)
264.304(c)(2)
ANALOGOUS STATE
CITATION
STATE ANALOG IS: j
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN
GENT
BROADER
IN
SCOPE
CLOSURE AND POST-CLOSURE CARE
redesignate old
264.31 0(b)(3) as
264.31 0(b)(4); add new
paragraph addressing
maintaining and monitoring
leak detection system
according to
264.301 (c)(3)(iv)&(4) and
264.303(c); comply with
other applicable Part 264
leak detection requirements
old 264.31 0(b)(3H5)
become 264.3 10(b)(4H6)
264.310(b)(3)
264.31 0(b)(4)-(6)
I
PART 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF
HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SUBPART B - GENERAL FACILITY STANDARDS
GENERAL INSPECTION REQUIREMENTS
insert "265.260, 265.278,
265.304"
265.15(b)(4)
January 29, 1992 - Page 23 of 46
CL10O.14 -5/5/94 Ravi
|5/16/94:Prin1
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
Revision Checklist 100: Hazardous Waste Land Disposal Units (cont'd)
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN
GENT
BROADER
IN
SCOPE
CONSTRUCTION QUALITY ASSURANCE PROGRAM
CQA program
required for all surface
impoundment, waste pile
and landfill units that must
comply with 265. 221 (a),
265. 254 and 265.301 (a);
program must ensure
constructed unit meets or
exceeds all permit design
criteria and specifications;
program must be developed
and implemented under a
CQA officer who is a
registered professional
engineer
the physical components
the CQA program must
address
before construction begins,
owner/operator must
develop a written CQA
plan; identify steps that will
be used to monitor and
document the quality of
materials and condition and
manner of their installation;
the CQA plan must include:
265.19(a)
265.19(a)(1)
265.19(a)(2)
265.19(a)(2)d)
265.19(a)(2)(ii)
265.19(a)(2)(iii)
265.19(a)(2)(iv)
265.19(a)(2)(v)
265.19(a){2)(vi)
265.1 9(b)
-
•
January 29, 1992 - Page 24 of 46
CL100.14 • 5/5/94 Ftovind
(5/16/94:Pnnt«d|
-------
OSWER DIRECTIVE NO. 9541.00-21
SPA 1<
Revision Checklist 100: Hazardous Waste Land Disposal Units (cont'd)
FEDERAL REQUIREMENTS
identification of applicable
units and how they will be
constructed
identification of key CQA
plan development and
implementation personnel;
CQA officer qualifications
inspection and sampling
activities' description; what
must be described
contents of program
must include observations,
inspections, tests, and
measurements sufficient to
ensure:
structural stability and
integrity of 265.19(a)(2)
units
proper construction
according to permit
specifications and good
engineering practices, and
proper installation
according to design
specifications
material conformity with
design and other material
specifications under
264.221, 264.251, and
264.301
FEDERAL RCRA CITATION
265.19(b){1)
265.l9(b}(2)
265.19(b)(3)
265.19(c}
265.19(c)(1)
265.19(c)(1)(i)
265.19(c)(1)(ii)
265.19(c)(1)(iii)
ANALOGOUS STATE
CITATION
STATE ANALOG IS: j
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN
GENT
BROADER
IN
'SCOPE
(
January 29, 1992 - Page 25 of 46
CL1OO 14 - 5/5/94 R*vl
[5/16/94 Pnnl
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
Revision Checklist 100: Hazardous Waste Land Disposal Units (cont'd)
FEDERAL REQUIREMENTS
test fills for compacted
soils liners, using full scale
compaction methods to
ensure liners are
constructed to meet
specific hydraulic
conductivity requirements;
compliance verified by in-
situ testing on constructed
test fill; conditions under
which test fill requirement
may be waived
certification to Regional
Administrator at least 30
days before receiving
waste; signed by CQA
officer stating that CQA
plan has been successfully
carried out and that the
unit meets specific
requirements; may receive
wastes in unit after 30
days from the Regional
Administrator's receipt of
the CQA, unless Regional
Administrator determines in
writing that construction is
not acceptable or extends
review period for 30 days
or seeks additional
information; CQA
documentation
FEDERAL RCRA CITATION
265.19(c)(2)
265.19(d)
ANALOGOUS STATE
• CITATION
•
STATE ANALOG IS.
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN
GENT
BROADER
IN
SCOPE
January 29, 1992 - Page 26 of 46
CL100 14 - 5/5/94 Revmd
15/16/94 Printed)
-------
OSWER DIRECTIVE NO. 9541.00-:
SPA 1
Revision Checklist 100: Hazardous Waste Land Disposal Units (cont'd)
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS: |
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN
GENT
BROADEF
IN
SCOPE
SUBPART E - MANIFEST SYSTEM, RECORDKEEPING AND REPORTING
OPERATING RECORD
replace "when required by"
with ", and corrective
action where required by
subpart F and"; insert
"265.19" before "265.90";
insert "265.222, 265.223,
265.226, 265.255,
265.259, 265.260" after
"265. 195" and "265.302-
265.304" after
"265.280(d)(D"
265.73(b)(6)
SUBPART K - SURFACE IMPOUNDMENTS
DESIGN AND OPERATING REQUIREMENTS
completely revise
paragraph; surface
impoundment units that
must install two or more
liners and a leachate
collection and removal
system between such liners
and operate leachate
collection and removal
systems in accordance with
264.221 (c), "construction
commences" defined under
"existing facility"
revise paragraph; when a
replacement surface
impoundment unit is
exempt from 265. 221 (a):
constructed in compliance
with RCRA3004(o)(1)(A)(i)
and (o}(5) design standards
no reason to believe liner is
not functioning as designed
265.221(a)
265. 221 (c)
265.221(c)(1)
265.221(c)(2)
•
(
<
January 29, 1992 - Page 27 of 46
CL100.14 - 5/5/94 R«vi
15/16/94 Pnir
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
Revision Checklist 100: Hazardous Waste Land Disposal Units (cont'd)
FEDERAL REQUIREMENTS
redesignate old paragraph
265.222(a) as 265. 221 (f)
redesignate old paragraph
265.222(b) as 265. 221 (g)
FEDERAL RCRA CITATION
265. 221 (f)
265. 221 (g)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN
GENT
BROADER
IN
SCOPE
ACTION LEAKAGE RATE
redesignate old 265.222(a)
as 265. 221 (f); add new
paragraph addressing
proposed action leakage
rate to Regional
Administrator when
submitting 265. 221 (b)
notice; within 60 days of
receipt. Regional
Administrator will establish
action leakage rate or
extend review period; when
the proposed rate will be
approved
redesignate old 265.222(b)
as 265. 221 (g); add new
paragraph addressing
Regional Administrator
approval of action leakage
rate for 265. 221 (a) units;
definition of action leakage
rate; adequate safety
margin
how to determine if action
leakage rate has been
exceeded; unless another
calculation approved,
average daily flow rate
calculated weekly during
active life and closure
period, and monthly during
post-closure care period
265.222(a)
265.222(b)
265.222(c)
Janusry 29, 1992 - Page 28 of 46
CL100 14 - 5/5/94 Havwed
[5/16/94 Pnnt«d|
-------
OSWER DIRECTIVE NO. 9541.00-2
SPA 1
Revision Checklist 100: Hazardous Waste Land Disposal Units (cont'd)
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS: |
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STR1N
GENT
BROADER
IN
SCOPE
RESPONSE ACTIONS
1 if unit subject to
265.221 (a), then must
submit a response action
plan to the Regional
Administrator when
submitting 265.222
proposed action leakage
rate; must set forth actions
to be taken if action
leakage rate is exceeded;
content as specified in
265.223(b)
responsibilities if flow rate
into leak detection system
exceeds the action leakage
rate for any sump:
notify Regional
Administrator in writing
within seven days of
determination
preliminary assessment to
Regional Administrator
within 1 4 days of
determination; what
assessment must address
determine location, size and
cause of any leak
determine whether 1 )
waste receipt should cease
or be curtailed, 2) waste
should be removed for
inspection, repairs, or
controls, and 3) unit should
be closed
determine short- and
longer-term actions to
mitigate or stop any leaks
265.223(3)
265.223(b)
265.223(b)(1)
265.223(b)(2)
265.223(b)(3)
265.223(b)(4)
265.223(b)(5)
(
-A
January 29, 1992 - Page 29 of 46
CL100.14 • 5/5/94 Rev*
15/16/94 Print
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
Revision Checklist 100: Hazardous Waste Land Disposal Units (cont'd)
FEDERAL REQUIREMENTS
within 30 days after
Regional Administrator
notification, submit the
results of 265.223(b)(3)-(5)
analyses, the results of
actions taken, and actions
planned; thereafter, as long
as flow rate exceeds action
leakage rate, monthly
report to Regional
Administrator summarizing
results of remedial actions
taken and actions planned
how the 265.223(b)(3), (4)
& (5) determinations must
be made
assess the source of liquids
and amounts by source
conduct analyses of liquids
in leak detection system to
identify sources of liquids
and location of leaks, and
the hazard and mobility
of the liquid
assess seriousness of leaks
document why
assessments not needed
FEDERAL RCRA CITATION
265.223(b)(6)
265.223(c)
265.223(0(1 Mi)
265.223(c)(1)(ii)
265.223(c)(1)(iii)
265.223(0(2)
ANALOGOUS STATE
CITATION
STATE ANALOG IS'
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN
GENT
BROADER
IN
SCOPE
MONITORING AND INSPECTION
if leak detection system
required under 265. 221 (a),
record amount of liquid
removed from each sump,
at least weekly during
active life and closure
period
265.226(b)(1)
January 29, 1992 - Page 30 of 46
CL100 14 -5/5/94 Rtvxed
(5/16/94-Pnirt«d|
-------
OSWER DIRECTIVE NO. 9541.00-;
SPA 1
Revision Checklist 100: Hazardous Waste Land Disposal Units (cont'd)
FEDERAL REQUIREMENTS
after final cover installed,
record amount of liquids at
least monthly; when
quarterly and semi-annual
recording allowed; when
monthly recording must
resume
"pump operating level"
defined
FEDERAL RCRA CITATION
265.226(b)(2)
265.226
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
Revision Checklist 100: Hazardous Waste Land Disposal Units (cont'd)
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN
GENT
BROADER
IN
SCOPE
SUBPART L - WASTE PILES
DESIGN AND OPERATING REQUIREMENTS
completely revise section;
waste piles which must
install two or more liners
and a leachate collection
and removal system in
accordance with
264. 251 (c) unless exempt
under 264. 251 (d), (e) or
(f); compliance with
265. 221 (b) procedures;
"construction commences"
defined under "existing
facility"
265.254
ACTION LEAKAGE RATES
proposed action leakage
rate to Regional
Administrator when
submitting 265.254 notice;
within 60 days of receipt.
Regional Administrator will
establish action leakage
rate or extend review
period; when the proposed
rate will be approved
Regional Administrator
approval of action leakage
rate for 265.254 units;
definition of action leakage
rate; adequate safety
margin
265.255(a)
265.255(b)
10
January 29, 1992 - Page 32 of 46
CL100 14 VV94 HcvMd
15/16/94 Printed]
-------
OSWER DIRECTIVE NO. 9541.00-2
SPA 1
Revision Checklist 100: Hazardous Waste Land Disposal Units (cont'd)
FEDERAL REQUIREMENTS
how to determine if action
leakage rate has been
exceeded; unless another
calculation approved.
average daily flow rate
calculated weekly during
active life and closure
period
FEDERAL RCRA CITATION
265.255(c)
ANALOGOUS STATE
CITATION
STATE ANALOG IS: |
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN
GENT
BROADER
IN
SCOPE
RESPONSE ACTIONS
if unit subject to 265.254,
then must submit a
response action plan to the
Regional Administrator
when submitting 265.255
proposed action leakage
rate; must set forth actions
to be taken if action
leakage rate is exceeded;
content as specified in
265.259(b)
responsibilities if flow rate
into leak detection system
exceeds the action leakage
rate for any sump:
notify Regional
Administrator in writing
within seven days of
determination
preliminary assessment to
Regional Administrator
within 1 4 days of
determination; what
assessment must address
determine location, size and
cause of any leak
265. 259. (a)
265.259(b)
265.259(b)(1)
265.259(b)(2)
265.259
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
Revision Checklist 100: Hazardous Waste Land Disposal Units (cont'd)
FEDERAL REQUIREMENTS
determine whether 1 )
waste receipt should cease
or be curtailed, 2) waste
should be removed for
inspection, repairs, or
controls, and 3) unit should
be closed
determine short- and
longer-term actions to
mitigate or stop any leaks
within 30 days after
Regional Administrator
notification, submit the
results of 265.259(b)(3}-(5)
analyses, the results of
actions taken and actions
planned thereafter, as long
as flow rate exceeds action
leakage rate, monthly
report to Regional
Administrator summarizing
results of remedial actions
taken and actions planned
how the 265.259(b)(3),(4)
& (5) determinations must
be made:
assess the source of liquids
and amounts by source
conduct analyses of liquids
in leak detection system to
identify sources of liquids
and location of leaks, and
the hazard and mobility of
the liquid
assess seriousness of leaks
document why
assessments not needed
FEDERAL RCRA CITATION
265.259(b)(4)
265.259(b)(5)
265.259(b)(6)
265.259(c)
265.259(c)(1)(i)
265.259(c)(1)(ii)
265.259(c)(1)(iii)
265.259(0(2)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN
GENT
BROADER
IN
SCOPE
•
January 29, 1992 - Page 34 of 46
CL100.14 - 5/5/94 Ravmd
[5/16/94:Printed|
-------
OSWER DIRECTIVE NO. 9541.00-2
SPA 1'
Revision Checklist 100: Hazardous Waste Land Disposal Units (cont'd)
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS; j
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN
GENT
BROADER
IN
SCOPE
MONITORING AND INSPECTION
if leak detection system
required under 265.254,
record amount of liquids
removed from each sump,
at least weekly during
active life and closure
period
265.260
SUBPART N -- LANDFILLS
DESIGN AND OPERATING REQUIREMENTS
(see Endnote 1 1 , there is
an error in this paragraph);
completely revise
paragraph; landfills which
must install two or more
liners and a leachate
collection and removal
system above and between
such liners, and operate in
accordance with
264.30 1(c) unless
exempted under
264.301 (d), (e) or (f);
"construction commences"
defined under "existing
facility"
revise paragraph; when a
landfill owner/operator is
exempt from 265. 301 (a)
meets RCRA
3004(o)(1)(A)(i) and(o)(5)
design standards
no reason to believe liner is
not functioning as designed
redesignated 265.302(a),
(b), (c) & (d) became new
265.301 (f), (g), (h) and (i)
265. 301 (a)
265. 301 (c)
265.301(0(1)
265.301 (c)(2)
265.301 (f)-(i)
I
11
January 29, 1992 - Page 35 of 46
CL1OO 14 - 5/5/94 Revn
15/16/94 PnnN
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
Revision Checklist 100: Hazardous Waste Land Disposal Units (cont'd)
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN
GENT
BROADER
IN
SCOPE
ACTION LEAKAGE RATE
redesignate old 265.302(a)
as 265. 301 (f); add new
paragraph addressing
proposed action leakage
rate to Regional
Administrator when
submitting 265. 301 (b)
notice; within 60 days of
receipt Regional
Administrator will establish
action leakage rate or
extend the review period;
when the proposed rate will
be approved
redesignate did 265.302(b)
as 254.301(g); add new
paragraph addressing
Regional Administrator
approval of action leakage
rate for 265. 301 (a) units;
definition of action leakage
rates; adequate safety
margin
redesignate old 265.302(c)
as 265. 301 (h); add new
paragraph addressing how
to determine if action
leakage rate has been
exceeded; unless another
calculation approved,
average daily flow rate
calculated weekly during
active life and closure
period, and monthly during
post-closure care period
old 265.302(d) becomes
265.301 (i)
265.302(a)
265.302(b)
265.302(c)
265.302(d)
8
January 29, 1992 - Page 36 of 46
CL100 14 - 5/5/94 R»v«»d
15/18/94 Printed]
-------
OSWER DIRECTIVE NO. 9541.00-2C
SPA 14
Revision Checklist 100: Hazardous Waste Land Disposal Units (cont'd)
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS: |
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN
GENT
BROADER
IN
SCOPE
RESPONSE ACTIONS
if unit subject to
265.301(3), then must
submit a response action
plan to the Regional
Administrator when
submitting 265.302
proposed action leakage
rate; must set forth actions
to be taken if action
leakage rate is exceeded;
content as .specified in
265.303(b)
responsibilities if flow rate
into leak detection system
exceeds the action leakage
rate for any sump:
notify Regional
Administrator in writing
within seven days of
determination
preliminary assessment to
Regional Administrator
within 1 4 days of
determination; what
assessment must address
determine location, size and
cause of any leak
determine whether 1 )
waste receipt should cease
or be curtailed, 2) waste
should be removed for
inspection, repairs, or
controls, and 3) unit should
be closed
determine short- and
longer-term actions to
mitigate or stop any leaks
265.303(3)
265.303(b)
265.303(b)(1)
265.303(b)(2)
265.303(b)(3)
265.303{b)(4)
265.303(b)(5)
'
-A
January 29, 1992 - Page 37 of 46
CL10O 14 - 5/5/94 RaviM
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
Revision Checklist 100: Hazardous Waste Land Disposal Units (cont'd)
FEDERAL REQUIREMENTS
within 30 days after
Regional Administrator
notification, submit the
results of 265.303(b)(3)-(5)
analyses, the results of
actions taken and actions
planned; thereafter, as long
as flow rate exceeds action
leakage rate, monthly
report to Regional
Administrator summarizing
results of remedial actions
taken and actions planned
how the 265.303(b)(3), (4)
& (5) determinations must
be made:
assess the source of liquids
and amounts by source
conduct analyses of liquids
in leak detection system to
identify sources of liquids
and location of leaks, and
the hazard and mobility of
the liquid
assess seriousness of leaks
document why
assessments not needed
FEDERAL RCRA CITATION
265.303(b)(6)
265.303(0
265.303(0(1 Hi)
265.303(c)(1)(ii)
265.303(0(1 }(iii)
265.303(0(2)
ANALOGOUS STATE
CITATION
•
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN
GENT
BROADER
IN
SCOPE
MONITORING AND INSPECTION
if leak detection system
required under 265. 301 (a),
record amount of liquids
removed from each sump,
at least weekly during
active life and closure
period
265.304(a)
January 29, 1992 - Page 38 of 46
CL10O.14 - 5/5/94 Revwod
15/16/94 Pnmodi
-------
OSWER DIRECTIVE NO. 9541.00-2(
SPA H
Revision Checklist 100: Hazardous Waste Land Disposal Units (cont'd)
FEDERAL REQUIREMENTS
after final cover installed.
record amount of liquid at
least monthly; when
quarterly and semiannual
recording allowed; when
monthly recording must
resume
definition of "pump
operating level"
FEDERAL RCRA CITATION
265.304(b)
265.304(c)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
/
LESS
STRIN-
GENT
MORE
STRIN
GENT
BROADER
IN
SCOPE
CLOSURE AND POST-CLOSURE CARE
redesignate old
265.31 0(b){2) as
265.31 0(b)(3); add new
paragraph addressing
maintaining and monitoring
the leak detection system
in accordance with
264.301 (c)(3)(iv) & (4),
and 265.304(b); comply
with other applicable Part
265 leak detection system
requirements
redesignated
265.31 0(b)(2), (3) & (4)
become 265.31 0(b}(3), (4)
&(5)
265.31 0(b)(2)
265.310(b)(3H5)
I
January 29, 1992 - Page 39 of 46
CL1O0.14 - 5/5/94
15/16/94 Pnntw
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
Revision Checklist 100: Hazardous Waste Land Disposal Units (cont'd)
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN
GENT
BROADER
IN
SCOPE
PART 270 - EPA ADMINISTERED PERMIT PROGRAMS:
THE HAZARDOUS WASTE PERMIT PROGRAM
SUBPART A - GENERAL INFORMATION
EFFECT OF A PERMIT
paragraph is reorganized so
that requirements not
included in a permit are
subparagraphs (a)(1)&(2);
add a third subparagraph
addressing Part 264
requirements regarding leak
detection systems for new
and replacement surface
impoundments, waste
piles, landfills and lateral
expansion of such units;
what the leak detection
system
requirements include
270.4(a)
270.4(a)(1)
270.4(a)(2)
270.4(a)(3)
SUBPART B - PERMIT APPLICATION
SPECIFIC PART B INFORMATION REQUIREMENTS FOR SURFACE IMPOUNDMENTS
remove "or will be" after
"impoundment is" and
insert "and is or will be"
after "designed"; insert
"264.19," "264.222," and
"264.223 of this chapter";
replace the last sentence
with the following clause:
", addressing the following
items:"
270.17(b)
January 29, 1992 - Page 40 of 46
CL100.U - 5/5/94
|5/16/94:Pnnted|
-------
OSWER DIRECTIVE NO. 9541.00-2
SPA 1
Revision Checklist 100: Hazardous Waste Land Disposal Units (cont'd)
FEDERAL REQUIREMENTS
redesignate old
270.17(b)(2) as
270.1 7(b)(6); add new
paragraph addressing
double liner and leak
(leachate) detection,
collection and removal
system if unit must meet
264.221 (c) requirements;
submission if seeking
264.221 (d), (e) or (f)
exemption
redesignate old
270.1 7(b)(3) as
270.17(b)(7); add new
paragraph addressing
information required if
surface impoundment is
located in a saturated zone
construction quality
assurance plan, if required
proposed action leakage
rate with rationale and
response action plan if
required
redesignated
270.17(b)(2)&{3) became
new270.17(b)(6)&(7)
replace "liner and" with
"double liner system, leak
detection system"; replace
"§ 264.226(a) and (b)"
with "§ 264.226(a), (b)
and (d) of this chapter"
FEDERAL RCRA CITATION
270.1 7(b)(2)
270.17(b)(3)
270.17(b)(4)
270.17(b)(5)
270.17(b)(6)&(7)
270.17(c)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN ,
GENT
BROADER
IN
SCOPE
(
\
January 29, 1992 - Page 41 of 46
CL100 14 5.V94 R.v«
IV18,94 Prwiti
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
Revision Checklist 100: Hazardous Waste Land Disposal Units (cont'd)
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN
GENT
BROADER
IN
SCOPE
SPECIFIC PART B INFORMATION REQUIREMENTS FOR WASTE PILES
insert "waste" before
"pile"; remove "or will be"
after pile is"; insert "and is
or will be" after
"designed"; insert
"264.19" "264.252" and
"264.253 of this chapter";
replace last sentence with
following clause:
"addressing the following
items:"
redesignate old
270.1 8(c)(1) as
270.18(c)(1.)(i); after
parenthetical clause
addressing existing portion,
insert "if the waste pile
must meet the
requirements of §
264.251(a) of this
chapter"; replace "§
264.252{b), the owner or
operator must submit" with
"§ 264.25 Kb) of this
chapter, submit"
double liner and leak
(leachate) detection,
collection, and removal
system if must meet
264. 251 (c) requirements;
submission if seeking a
264.25 1(d), (e)or (f)
exemption
information required if leak
detection system is located
in a saturated zone
construction quality
assurance plan if required
270.18(c)
270.1 8(c)(1)(i)
270.1 8(c)(1)(ii)
270.18(c)(1)(iii)
270.1 8(c)(1)(iv)
January 29, 1992 - Page 42 of 46
CL100 14 5/5/94 R*vMd
15/18/94 Prwrt»d|
-------
OSWER DIRECTIVE NO. 9541.00-:
SPA 1
Revision Checklist 100: Hazardous Waste Land Disposal Units (cont'd)
FEDERAL REQUIREMENTS
proposed action leakage
rate with rationale and
response action plan if
required
replace "liner" with "double
liner system, leachate
collection and removal
system, leak detection
system, cover system";
replace "264.254(a) and
(b)" with "264.254{a), (b)
and (c) of this chapter"
FEDERAL RCRA CITATION
270.18(c)(1)(v)
270.l8(d)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN
GENT
BROADEF
IN
SCOPE
SPECIFIC PART B INFORMATION REQUIREMENTS FOR LANDFILLS
remove "or will be" after
"landfill is" and insert "and
is or will be" after
"designed"; insert
"264.1 9" and "264.302
and 264.303 of this
chapter"; replace the last
sentence with the following
clause: ", addressing the
following items:"
redesignate old
270.21 (b)(1) as
270.21 (b)(1)(i); remove
"and leachate collection
and removal system"; add
"if the landfill must meet
the requirements of
§264.301(a) of this
chapter" to first sentence;
add "of this chapter" after
"264.30Kb)"; after
"alternate" change "design"
to "designs"; after "any
hazardous" change
"constituent" to
"constituents"
270.2Kb)
270.2Kb)(1)(i)
January 29, 1992 - Page 43 of 46
CL100.14 - 5/5/94 Ravi
(5/16/94-Pnm
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
Revision Checklist 100: Hazardous Waste Land Disposal Units (cont'd)
FEDERAL REQUIREMENTS
double liner and leak
(leachate) detection,
collection, and removal
system if must meet
264.301 (c) requirements;
submission if seeking
exemption under
264.301 (d), (e)or (f)
information required if leak
detection system located in
a saturation zone
construction quality
assurance plan if required
proposed action leakage
rate, with rationale and
response action plan if
required
remove "liner and" and
insert "double liner system,
leachate collection and
removal system,"; after
"cover system" insert "and
appurtenances for control
or run-on and run-off,";
replace "264.303(a) and
(b)" with "264.303(a), (b),
and (c) of this chapter"; in
last sentence, replace
"should" with "must"
FEDERAL RCRA CITATION
270.21 (b)(1)(ii)
270.21(bM1)(iii)
270.21 (b)(1)(iv)
270.21 (b)(1)(v)
270. 21 (d)
ANALOGOUS STATE
CITATION
•
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN
GENT
BROADER
IN
SCOPE
12
January 29, 1992 - Page 44 of 46
CL100.14 - 5/5/94 R*viud
15/16/94:Pnntod]
-------
OSWER DIRECTIVE NO. 9541.00-2
SPA 1
Revision Checklist 100: Hazardous Waste Land Disposal Units (cont'd)
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN
GENT
BROADER
IN
SCOPE
SUBPART D - CHANGES TO PERMIT
PERMIT MODIFICATION AT THE REQUEST OF THE PERMITTEE
add the "7. a. & b." entries
under "B. General Facility
Standards"; add the "6.,
and 7. a., b. & c." entries
under "H. Surface
Impoundments"; add the
entries "7., and 8. a., b. &
c." entries under "J.
Landfills and Unenclosed
Waste
270.42/Piles"
270.42/Appendix I
1 This section is considered to be both a HSWA and a Non-HSWA provision. It is Non-HSWA
only to the extent that it applies to the final cover requirements for the Construction Quality
Assurance Program.
2 Note that there is a typographical error in the Federal Register: "COA" should be "CQA." |
3 Note that there is a technical error in the Federal Register: "1x10'7/cm/sec" should be
"1x10'7cm/sec."
4 Note that there are two technical errors in the Federal Register: "1x10/°/cm/sec" should be
"IxlO^cm/sec" and 3x10/^/m2sec" should be
5 Note that there is an error in the Federal Register addressed by this checklist. Reivsion
Checklist 100, at 57 FR 3492, January 29, 1992, added a new section 265.223 without
redesignating an existing 265.223 already in the code. Thus, both sections appear in the Jul
1 , 1992 CFR. A technical correction will be published in the near future to correct this error.
6 Note that there is a typographical error in the Federal Register: "surface impoundment" shouh
be "waste pile."
7 Note that there is a technical error in the Federal Register: "paragraphs (3)(c)(iii) and (iv)"
should be "paragraphs (c)(3)(iii) and (iv)."
8 Note that there is a typographical error in the Federal Register: "surface impoundment" shouli
be "landfill."
January 29, 1992 - Page 45 of 46
CL10O 14 - 5/5/94 Ravi*
(5/16/94-Pnnti
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
Revision Checklist 100: Hazardous Waste Land Disposal Units (cont'd)
^ Note that there is a technical error in the Federal Register addressed by this checklist; the ;
internal reference "265.221 (c)(2Miv)" should be "264.221 (c)(2)(iv)".
10 Note that there is a typographical error in the Federal Register: "surface impoundment" should
be "waste pile."
11 The wording in 265.301 (a) is incorrect--"and operate the leachate collection and removal
systems in accordance with § 264.301 (d), (e) or (f) of this Chapter" should read "and operate
the leachate collection and removal systems in accordance with 264.301 (c), unless exempted
under 264.103(d), (e) or (f) of this chapter." This error will be corrected in a future Federal
Register article.
12 Note that in the Federal Register addressed by Revision Checklist 100, this section is
incorrectly designated as 270.21 (c) (see 57 FR 3496; January 29, 1992); the correct
designation is 270.21 (d). Because of this error, paragraph 270.21 (c), as introduced by Base
Program Checklist V, has erroneously been deleted from the Federal code. In the 1992 CFR.
the language at 270.21 (c) is the revised language intended for 270.21 (d) by Revision
Checklist 100. 270.21 (d), as found in the 1992 CFR is the version without the Revision
Checklist 100 amendment (i.e., 270.21 (d) as introduced into the Federal code by Base
Program Checklist V). States are advised to retain the 270.21 (c) language as found in the
1991 CFR and make the Revision Checklist 100 changes in their analogs to 270.21 (d).
CL100 14 55.94R«vMd
January 29, 1992 - Page 46 of 46 i5.ie.94Pmt.di
-------
-------
ATTACHMENT C
Consolidated Checklists as of June 30» 1993
-------
-------
Consolidated Checklist for the Land Disposal Restrictions
as of June 30, 1993
The following consolidated checklist
should replace the existing version in
SAM Appendix K
-------
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST :
for the :
Land Disposal Restrictions as of June 30, 1993
Note: 1) This checklist consolidates the changes to Federal code addressed by the following
Land Disposal Restrictions (LDR) checklists:
Revision Checklist 34 [51 FR 40572 (November 7, 1986), 52 FR 21010 (June 4, 1987)];
Revision Checklist 39 [52 FR 25760 (July 8, 1987), 52 £B 41295 (October 27, 1987)];
Revision Checklist 50 [53 FR 31138 (August 17, 1988), 54 FR 8264 (February 27, 1989)];
Revision Checklist 62 [54 FR 18836 (May 2, 1989)];
Revision Checklist 63 [54 FR 26594 (June 23, 1989)];
Revision Checklist 66 [54 FR 36967 (September 6, 1989), 55 FR 23935 (June 13, 1990)];
Revision Checklist 78 [55 FR 22520 (June 1, 1990)];
Revision Checklist 83 [56 FR 3864 (January 31, 1991)];
Revision Checklist 95 [56 FR 41164 (August 19, 1991)];
Revision Checklist 102 [57 FR 8086 (March 6, 1992)];
Revision Checklist 103 [57 FR 20766 (May 15, 1992)];
Revision Checklist 106 [57 FR 28628 (June 26, 1992)];
Revision Checklist 109 [57 FR 37194 (August 18, 1992)];
Revision Checklist 116 [57 FR 47772 (October 20, 1992)];
Revision Checklist 123 [58 FR 28506 (May 14, 1993)];-and
Revision Checklist 124 [58 FR 29860 (May 24, 1993)].
The LDR "Checklist Reference" column indicates which of these checklists have affected each
listed citation. Subsequent to promulgation of the first LDR rule (i.e., the rule addressed by
Revision Checklist 34), checklists other than the LDR checklists have also affected certain
sections of code addressed by the LDR checklists. The effects of these subsequent checklists are
indicated in footnotes. Of special note are 270.42(o)&(p) and 270.72(e). In both cases,
subsequent checklists either removed or redesignated these sections of code. The section
numbering found in the associated LDR final rule for these paragraphs is used, rather than the
new numbering found in the subsequent .checklists.
An exception to the footnoting procedure occurs to specify the effect which the Toxicity
Characteristics Rule had on the TCLP procedure. Because the new TCLP procedure is integral to
the Third Third Rule requirements (see Note 6 below), this change made by Revision Checklist 74,
a non-LDR checklist, is noted in the LDR checklist reference column. An explanatory footnote is
also included.
2) The following Part 268 sections are not delegable to States because of the national concerns
which must be examined when decisions are made relative to them: 268.5 (case-by-case
effective date extensions); 268.42(b) (application for alternate treatment method); and 268.44
(variance from a treatment standard). "No migration" petitions under 268.6 will be handled by
EPA, even though States may be authorized to grant such petitions in the future. States have the
authority to grant such petitions under RCRA Section 3006 because such decisions do not require
a national perspective, as is the case for decisions under 268.5, 268.42(b) or 268.44. However,
EPA has had few opportunities to implement the land disposal restrictions and expects to gam
valuable experience and information from reviewing "no-migration" petitions.
0 it -too ' DCLDR93 J 14 • R*vB»d 10/13/93
Page 1 of 133 Pn««j 5/19/94
-------
OSWER DIRECTIVE NO. 9541.00-i
SPA1
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
3) In the past, the nondelegable sections/paragraphs of the LDP regulations have been omitted '
from the LDR checklists because States could not assume the authority for them. However, this
procedure has led to confusion among the States on how to handle the sections/paragraphs in
their code. For this reason, the Agency has decided to include these nondelegable sections on
the LDR checklists. To differentiate these sections from the delegable portions of the LDR
restrictions, asterisks precede (a single row) and follow (a double row) each nondelegable sectioi
If States have already filled out a version of this Consolidated Land Disposal Restriction Checklisi
which does not include the nondelegable sections, they need not fill out a revised version
containing these sections. This change in format was made only to improve clarity.
The Agency suggests that States incorporate the nondelegable portions of the LDR regulations
jnto their regulations because this incorporation aids the regulated community in knowing that th
extensions, exemptions and variances addressed by the nondelegable sections of code are
available to them. It is essential, however, that States leave the terms "Administrator", "Federal
Register" and "Agency" unchanged, i.e.. States may not substitute analogous State terms for
these Federal terms. Similarly, States incorporating by reference must be careful to exclude thes
sections from blanket substitutions of State terms for Federal terms. For a more complete
discussion of issues surrounding nondelegable sections, see Appendix J of the State
Authorization Manual (SAM).
4) Note that while 268.40 is delegable to States, "Administrator" in the following phrase
"approved by the Administrator under the procedures set forth in 268.42(b)" should not be
replaced in 268.40(b) with an analogous State term because it is referring to decisions under
268.42(b). Such decisions will be made by the EPA Administrator. (
5) States do not need to adopt requirements equivalent to 40 CFR 268.10, 268.11, 268.12 an<
268.13 because these sections of code contain the schedule by which EPA must evaluate wast(
for land disposal restrictions. As such, these sections of code are not included in this
consolidated checklist. States do need to adopt, however, requirements equivalent to 268.14.
Such requirements address the length of time interim status impoundments can be used to
receive or generate newly identified or listed hazardous wastes and resolve the potential conflict
between RCRA §§3004(h)(4), 3005(j)(6) and 3004(j)(11) [see the discussion in the Federal
Register for Revision Checklist 109, pp. 37218-37221].
6) Note that the Toxicity Characteristic Leaching Procedure (TCLP) referred to by the Third Thin
Scheduled Waste Rule is the TCLP entered into the Federal code at 40 CFR 261 Appendix II by
the Toxicity Characteristic Rule (55 FR 11798, March 29, 1990) and amended at 55 FR 26986
(June 29, 1990). (Both the Toxicity Characteristic Rule and the June amendment are addressee
by Revision Checklist 74.) The TCLP procedure previously located at 40 CFR Part 268, Append
I and introduced by the Solvents and Dioxins Land Disposal Restrictions Rule (51 FR 40572;
November 7, 1986; Revision Checklist 34) is the outdated version of the TCLP. Thus, States
adopting the Third Third Scheduled Waste Rule must also adopt the new version of the TCLP. I
a State has already adopted the Revision Checklist 34 TCLP, this version must be replaced with
the Revision Checklist 74 TCLP. See Footnote 60 of this checklist.
„ , ^^ ' DCLDR93J.14 -Haviwd. 10/13
Page 2 of 133 P™,.* 5/is
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
7) Guidance regarding the use of the new TCLP versus the EP Toxicity Test may be found at 55
FR 22660 (June 1, 1990).
8) Adopting the alternate treatment standards for lab packs is optional. However, if a State
chooses to adopt these alternate standards, all of the requirements related to these standards
must be adopted, including all of the provisions added by the Third Third Scheduled Waste Rule
(i.e., Revision Checklist 78) at 264.316(f), 265.316ff), 268.7{a)(8), 268.7(a)(9), 268.42(c),
268.42(c)(1 )-(4), and Appendices IV and V to Part 268.
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
PART 260 - HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL
SUBPART A - GENERAL
PURPOSE, SCOPE, AND APPLICABILITY
insert "and 268"
insert "and 268"
insert "and 268"
insert "and 268"
insert "and 268"
34
34
34
34
34
260.1 (a)
260.1(bJ{1)
260.1 (b)(2)
260.1(b)(3)
260.1(b)(4)
•
AVAILABILITY OF INFORMATION; CONFIDENTIALITY OF INFORMATION
insert "and 268"
insert "and 268"
34
34
260.2(a)
260.2(b)
USE OF NUMBER AND GENDER
insert "and 268"
34
260.3
SUBPART B - DEFINITIONS
DEFINITIONS
insert "and 268" to
introductory text
add "containment
building"
revise "miscellaneous
unit"
34
109
109
260.10
260.10
260.10
Page 3 of 133
DCLDR93J.14 - Ravimd: 10/13/93
Printed: 5/18/94
-------
OSWER DIRECTIVE NO. 9541.00-;
SPA 1
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
revise "pile"
CHECKLIST
REFERENCE
109
FEDERAL RCRA CITATION
260.10
ANALOGOUS STATE
CITATION
,
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BRO
IN S
REFERENCES
1 ,2 Parts 260 through
270
39
260.11(a)
SUBPART C - RULEMAKING PEFI
TIONS
GENERAL
insert "and 268"
t34
260.20O)
PART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
SUBPART A - GENERAL.
PURPOSE AND SCOPE
insert "268,"
insert ", 268"
34
34
261.1 (a)
261.1(a)(1)
"
DEFINITION OF HAZARDOUS WASTE
insert "of this part"
after the first
"subpart C"; insert
"," before "or
unless"; add a -
sentence addressing
the relationship of
nonwastewater
mixtures and the Part
268 requirements
109
261.3(a)(2)(iii)
Page 4 of 133
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Printed: 5/1 (
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
split paragraph into
two subparagraphs.
(C)(7)&(2), with the
second subparagraph
addressing the
notification for HTMR
residues; in first
subparagraph, insert
", K062 or F006"
after "K061"; replace
"(as defined in 40
CFR 260.10(6), (7),
and (12))" with "(as
defined in paragraphs
(6), (7), and (13) of
the definition for
'Industrial Furnace' in
40 CFR 260.10)";
replace "identified
below" with
"identified in the
tables in this
paragraph"; replace
"The generic
exclusion levels are:"
with a sentence
addressing burden of
proof for persons
claiming this
exclusion in an
enforcement action;
replace single table
with the two tables
indicated at 57 FJR
37264
CHECKLIST
REFERENCE
95,109
FEDERAL RCRA CITATION
261.3(c)(2)(ii)(C)
(1)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
t,3
Page 5 of 133
DCLDR93J 14 - R»v«»d 10/13/93
Printed 5/18/94
-------
OSWER DIRECTIVE NO. 9541 .OO-2
SPA 1
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
completely revise
requirements
addressing
notification and
certification; one-
time notification and
certification for
K061,K062orF006
HTMR residues,
which meet generic
exclusion levels and
exhibit no
characteristics, that
are sent to Subtitle D
units; update of
notification and
certification; annual
EPA/State
notification; deadline
for submission to
EPA/State; what the
notification must
include; certification
signed by authorized
representative and
what it must state
add parenthetical
phrase regarding
characteristic waste.
no longer exhibiting a
characteristic, that
still may be subject to
268 requirements
add new paragraph
and subparagraphs
addressing debris that
is excluded from
regulation provided it
meets specified
criteria:
CHECKLIST
REFERENCE
95,109
83
109
FEDERAL RCRA CITATION
261 .3(c)(2)(ii)(C)
(2)
261.3(d)(1)
261. 3(f)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROi
IN SI
|
1
Page 6 of 133
DCLDR93J 14
10/13
PrviUd 5/18
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
Part 268-defined
hazardous debris
treated using a
specified 268.45,
Table 1 , extraction or
destruction
technology; burden of
proof on claimant in
an enforcement
action
Part 268-defined
debris determined by
Regional
Administrator to no
longer be
contaminated with
hazardous waste
CHECKLIST
REFERENCE
109
109
FEDERAL RCRA CITATION
261.3(f)(1)
261.3(f)(2)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
EXCLUSIONS
t add new paragraph
which excludes as
solid waste
nonwastewater
splash condenser
dross residue from
the treatment of
K061 in high
temperature metals
recovery units,
provided it is shipped
in drums and not land
disposed before
recovery
insert "268,"
remove "267" and
insert "268"
95
34
34
261.4(a)(11)
261. 4(c)
261.4(d)(1)
Page 7 of 133
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OSWER DIRECTIVE NO. 9541.00-2
SPA 1
CONSOLIDATED CHECKLIST: Land Disposal Restrictions .
as of June 30, 1993 (cont'd) ;
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS' STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BRO
INS
SPECIAL REQUIREMENTS FOR HAZARDOUS WASTE GENERATED BY CONDITIONALLY EXEIV,
SMALL QUANTITY GENERATORS
insert ", 268,"
insert ", 268,"
insert ", 268,"
4 insert ", 268,"
insert ", 268,"
34
34
34
34
34
261. 5(b)
261. 5(c)
261.5(e)
261.5(f)(2)
261.5(g)(2)
REQUIREMENTS FOR RECYCLABLE MATERIALS
insert "268,"
insert "268,"
34
34
261.6(a)(3)
261.6(0(1)
RESIDUES OF HAZARDOUS WASTE IN EMPTY CONTAINERS
insert "268,"
insert "268,"
34
34
261.7(a)(1)(ii)
261.7(a)(2)(ii)
•
SUBPART C - CHARACTERISTICS OF HAZARDOUS WASTE
GENERAL
insert "268,"; remove
", but is not listed as
a hazardous waste in
Subpart D"; change
"the EPA" to "every
EPA"; insert "that is
applicable as" before
"set forth"; remove
"in the respective
characteristic" before
"in this Subpart";
insert "used" after
"This number must
be"; before
"recordkeeping"
change "certa^" to
"all applicable
34,
78,83
261.20(b)
Page 8 of 133
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Printed: 5/1
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
CHARACTERISTIC OF IGNITABILITY
remove ", but is not
listed as a hazardous
waste in Subpart D,"
78
261. 2Kb)
CHARACTERISTIC OF CORROSIVITY
remove ", but is not
listed as a hazardous
waste in Subpart D,"
78
261.22(b)
CHARACTERISTIC OF REACTIVITY
remove ", but is not
listed as a hazardous
waste in Subpart D,"
78
261.23(b)
TOXICITY CHARACTERISTIC
5 remove ", but is not
listed as a hazardous
waste in Subpart D,"
78
261.24(b)
SUBPART D - LISTS OF HAZARDOUS WASTES
GENERAL
insert "268,"
34
261.30(c)
HAZARDOUS WASTES FROM NON-SPECIFIC SOURCES
add the waste
"F039" in alpha-
numeric order to list
78,83
261. 31 (a)
DISCARDED COMMERCIAL CHEMICAL PRODUCTS, OFF-SPECIFICATION SPECIES, CONTAINER
RESIDUES, AND SPILL RESIDUES THEREOF
6 insert "or (f)" after
"(e)"; change
"261.7(b)(3>" to
"261. 7(b)"
78
261.33(c)
Page 9 of 133
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Printed- 5/18/94
-------
OSWER DIRECTIVE NO. 9541.00-21
SPA 1'
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROA
INSC
APPENDIX VII, PART 261
BASIS FOR LISTING HAZARDOUS WASTE
add "F039" to list in
alphanumeric order
78
Appendix VII
PART 262 - STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE
SUBPART A - GENERAL
HAZARDOUS WASTE DETERMINATION
in the first sentence,
replace "If" with "For
purposes of
compliance with 40
CFR Part 268, or if";
remove "as a
hazardous waste"
after "listed"; replace
"he must determine"
with "the generator
must then determine"
add new paragraph
regarding possible
exclusions or
restrictions in Parts
264, 265 or 268
78,83
34
262.11(c)
262.11(d)
I
SUBPART C - PRE-TRANSPORT REQUIREMENTS
ACCUMULATION TIME
replace ";" at the end
of text with a ":"
replace "." with
"; and/or"
109
109
262. 34(a)(1 )(m)
262.34(a)(1)dii)
(B)
Page 10 of 133
DCLDR93J.14 -Revised: 10/13/
Printed. 5/18/
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
add new
subparagraphs
addressing waste
placed in containment
buildings; compliance
with 265, Subpart
DD; professional
engineer certification
of compliance with
265.1 101 design
standards placed in
operating record no
later than 60 days
after the date of
initial unit operation;
requirements after
February 18, 1993;
records which must
be maintained
written description of
procedures to ensure
each waste volume
remains in unit for no
more than 90 days;
written description of
waste generation and
management
practices for the
facility showing that
they are consistent
with respecting the
90-day limit;
documentation that
procedures are
complied with
documentation that
unit is emptied at
least once every 90
days
CHECKLIST
REFERENCE
109
109
109
FEDERAL RCRA CITATION
*.
262.34(a)(1)(iv)
262.34(a)(1)(iv)
(A)
262.34(a)(1)(iv)
(B)
ANALOGOUS STATE
CITATION
STATE ANALOG IS.
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
•
BROADER
IN SCOPE
Page 11 of 133
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FUvawl 10/13/93
Prancd 5/18/94
-------
OSWER DIRECTIVE NO. 9541.00-2
SPA1
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
remove first
paragraph numbered
(a)(2) (including (a)(2)
remove unnumbered
paragraph following
(a)(2)(ii)
CHECKLIST
REFERENCE
109
FEDERAL RCRA CITATION
262.34(a)(2)
ANALOGOUS STATE
CITATION
1
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BRCW
IN SC
ACCUMULATION TIME
replace "and with
§265.16" with
", with §265.16, and
with 40 CFR 268.7(a)
(4)"
replace "and"
between "section"
and "the
requirements" with
";" and add "the
requirements of 40
CFR 268.7(a)(4)"
78
83
262.34(a)(4)
262.34(d)(4)
!
SUBPART G - FARMERS
FARMERS
8 pesticide disposal by
farmers
t39
262.70
PART 263 - STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE
SUBPART A - GENERAL
TRANSFER FACILITY REQUIREMENTS
insert ", 268"
34
263.12
Page 12 of 133
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Printed- 5/18;
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
PART 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE
TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SUBPART A - GENERAL
PURPOSE, SCOPE AND APPLICABILITY
change "." to ",";
add phrase regarding
compliance with
264.17(b) if owner or
operator is diluting
hazardous ignitable
wastes or corrosive
wastes to remove the
characteristic before
land disposal
9 add new paragraph
regarding facilities to
which Part 264
applies
124
34
•
264.1 (g)(6)
264. 1(h)
SUBPART B - GENERAL FACILITY STANDARDS
GENERAL WASTE ANALYSIS
9,10 insert "Part 268";
add sentence
regarding what
information, at a
minimum, the waste
analysis must contain
revise comment
following paragraph
(a)(2) as follows:
remove "or all" after
"supply part"; add ",
except as otherwise
specified in 40 CFR
268.7(b) and (c)." to
the second sentence
insert "268.7"
34,102
78
34
264.13(a)(1)
264.1 3(a)(2)
264.13(b)(6)
Page 13 of 133
DCLDR93J.14 - Revmd: 10/13/93
Printed: 5/18/94
-------
OSWER DIRECTIVE NO. 9541 .OO-2
SPA 1
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd) ;
FEDERAL REQUIREMENTS
add new paragraph
and subparagraphs
regarding exempted
surface impoundment
plan specifications
sampling
impoundment
contents
analysis procedures
annual removal of
specific residues;
criteria:
do not meet
treatment standards
of Part 268, Subpart
D
where no treatment
standards have been
established
prohibited disposal of
residues under
268.32 or RCRA
3004(d)
prohibited disposal of
residues under
268.33{f)
CHECKLIST
REFERENCE
34
34
34
34,
39,50
50
50
50
50
FEDERAL RCRA CITATION
264.13(b){7)
264.13(b)(7)(i)
264.1 3(b)(7)(ii)
264.13(b)(7)(iii)
264.13(b)(7)(iii)
(A)
264.13(b)(7)(iii)
(B)
264.13(b)(7)(iii)
(B)(7)
264.13(b)(7)(iii)
(B)(2)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BRO<
IN SC
j
I
SUBPART E - MANIFEST SYSTEM, RECORDKEEPING, AND REPORTING
OPERATING RECORD
add "268.4(ar and
"268.7"
34
264.73(b){3)
Page 14 of 133
DCLDR93J.14 - Ravmd. 10/12
Primed 5/11
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
add new paragraph;
records for each
shipment placed in
units under a 268.5
extension, a 268.6
petition, or a 268.8
certification; 268. 7(a)
generator notice
add new paragraph;
off-site treatment
facility requirements
add new paragraph;
on-site treatment
facility requirements
add new paragraph;
off-site land disposal
facility requirements
9 add new paragraph;
on-site land disposal
facility requirements
add new paragraph;
off-site storage
facility requirements
add new paragraph;
on-site storage
facility requirements
CHECKLIST
REFERENCE
34,50
34,50
34,50
I
34,50
34,50
50
50
FEDERAL RCRA CITATION
264.73(b)(10)
264.73(b)(11)
264.73(b)(12)
264.73(b)(13)
264.73(b)(14)
264.73(b)(15)
264.73(b)(16)
ANALOGOUS STATE
CITATION
STATE ANALOG IS
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
•
SUBPART G - CLOSURE AND POST-CLOSURE
APPLICABILITY
remove "and" from
the end of paragraph
replace "." with ";"
replace "." with
-; and"
109
109
109
264.1 10(b)(1)
264.1 10(b){2)
264.110(b)(3)
Page 15 of 133
DCLDR93J.14 - Revmd 10/13/93
Printed 5/18/94
-------
OSWER DIRECTIVE NO. 9541.00-2
SPA 1
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
add new paragraph
addressing
containment buildings
that are required
under 264.1102 to
meet the
requirements for
landfills
CHECKLIST
REFERENCE
109
FEDERAL RCRA CITATION
264.1 10(b)(4)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BRO
IN S
CLOSURE PERFORMANCE STANDARD
change ", and
264.601 through
264.603" to
", 264.601 through
264.603, and
264.1102"
109
264.1 11(c)
CLOSURE PLAN; AMENDMENT OF PLAN
replace "264.90 et
seq." with "subpart F
of this part"; change
"and 264.601" to
", 264.601 and
264.1102"
109
264.112(a)(2)
SUBPART H - FINANCIAL REQUIREMENTS
APPLICABILITY
replace ", and" with
n , H
i
replace "." with ";"
replace "." with ";
and"
109
109
109
264.140(b)(1)
264.140{b)(2)
264.140(b)(3)
I
Page 16 of 133
DCLDR93J 14 • Rcvm*
b/lf
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
add new paragraph
regarding
containment buildings
that are required
under 264.1102 to
meet the
requirements for
landfills
CHECKLIST
REFERENCE
109
FEDERAL RCRA CITATION
264.140(b)(4)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
COST ESTIMATE FOR CLOSURE
change ", and
264.601 through
264.603" to
", 264.601 through
264.603, and
264.1102"
109
264.142(a)
SUBPART K - SURFACE IMPOUNDMENTS
SPECIAL REQUIREMENTS FOR IGNITABLE OR REACTIVE WASTE
insert "the waste and
impoundment satisfy
all applicable
requirements of 40
CFR Part 268, and"
after "unless"
78
264.229
SUBPART L - WASTE PILES
SPECIAL REQUIREMENTS FOR IGNITABLE OR REACTIVE WASTE
insert "the waste and
waste pile satisfy all
applicable
requirements of 40
CFR Part 268, and"
after "unless"
78
264.256
Page 17 of 133
DCLDR93J.14 - Revised 10/13/93
Printed 5/18/94
-------
OSWER DIRECTIVE NO. 9541.00-2
SPA 1
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BRO>
IN SI
SUBPART M - LAND TREATMENT
SPECIAL REQUIREMENTS FOR IGNITABLE OR REACTIVE WASTE
insert "the waste and
the treatment zone
meet all applicable
requirements of 40
CFR Part 268, and"
after "unless"
78
264.281
SUBPART N - LANDFILLS
SPECIAL REQUIREMENTS FOR IGNITABLE OR REACTIVE WASTE
replace "in treated,
rendered, or mixed
before or immediately
after placement in a
landfill so that:" with
"and landfill meet all
applicable
requirements of Part
268, and:"
begin the first
sentence with
"Except for prohibited
wastes which remain
subject to treatment
standards in Subpart
D of Part 268,"
78
78
264.312(a)
264.31 2(b)
•
•
I
DISPOSAL OF SMALL CONTAINERS OF HAZARDOUS WASTE IN OVERPACKED DRUMS (LAI
PACKS)
add new paragraph
regarding disposal in
compliance with Part
268; requirement for
fiber drums to meet
DOT specifications
and 264.31 6(b)
requirements if
incinerate lab packs
78
264.31 6{f)
i
1
Page 18 of 133
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Printed: 5/11
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
12
SUBPART DD - CONTAINMENT BUILDINGS
APPLICABILITY
applies to
owners/operators
storing or treating
hazardous waste in
units designed and
operated under
264.1101; effective
February 18, 1993,
but may notify
Regional
Administrator of
earlier time; not
subject to definition
of land disposal in
RCRA 3004(k)
provided unit:
is a completely
enclosed, self-
supporting structure
designed and
constructed as
specified
has a primary barrier
designed to
withstand movement
of personnel, wastes
and handling
equipment within unit
if used to manage
liquids:
109
109
109
109
264.1100
264.1100(a)
264.1100(b)
264.1100(c)
Page 19 of 133
DCLDR93J.14
RaviMd. 10/13/93
Pnmod. 5/18/94
-------
OSWER DIRECTIVE NO. 9541.00-2
SPA 1
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
primary barrier
designed and
constructed to
prevent migration of
hazardous
constituents into
barrier
liquid collection
system to minimize
accumulation of liquid
on primary barrier
secondary
containment system
to prevent hazardous
constituent migration
into barrier; leak
detection and liquid
collection as
specified; variance
under 264.1 101 (b)(4)
controls to prevent
fugitive dust
emissions to meet
264.1 101 (cHD(iv)
standards
designed and
operated to ensure
containment and
prevent tracking of
materials from unit by
personnel or
equipment
CHECKLIST
REFERENCE
109
109
109
109
109
FEDERAL RCRA CITATION
264.1100(0(1)
264.1100(c)(2)
264.1100(c)(3)
264.1100(d)
264.1100(e)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BRO
IN S
<
DESIGN AND OPERATING STANDARDS
all containment
buildings must
comply with
following design
standards:
109
264.1101(a)
I
\
_ DCLDR93J.U - Rev-Bd 10/1:
Page 20 of 133 Pnm«i 5/1
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OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
1
FEDERAL REQUIREMENTS
completely enclosed
as specified
design and
construction of floor.
containment walls
and secondary
containment system;
unit of sufficient
structural strength to
prevent collapse or
failure; chemically
compatible surfaces;
standards for judging
structural integrity
requirements; when
exception for light-
weight doors and
windows will apply:
provide effective
barrier against
fugitive dust
emissions under
264.1101(cK1)(iv)
unit designed and
operated so that
wastes do not
contact openings
no placement of
incompatible wastes
or treatment reagents
that could cause unit
or secondary
containment system
to leak, corrode or
otherwise fail
CHECKLIST
REFERENCE
109
109
109
109
109
FEDERAL RCRA CITATION
264.1 101(a)U)
264.1 101 (a)(2)
264.1101(a)(2)(i)
264.11 01 (a)(2)
(ii)
264.1 101(a)(3)
ANALOGOUS STATE
CITATION
STATE ANALOG IS.
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 21 of 133
DCLDR93J 14
Rcvwi 10.13/93
Prvrtcd 5.18/94
-------
OSWER DIRECTIVE NO. 9541.00-;
SPA 1
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
must have primary
barrier designed to
withstand movement
of personnel, waste
and handling
equipment in unit
during unit operating
life, as appropriate for
waste characteristics
requirements for
hazardous waste
containing free liquids
or treated with free
liquids:
primary barrier to
prevent migration of
hazardous
constituents into the
barrier
liquid collection and
removal system to
minimize
accumulation of liquid
on primary barrier:
primary barrier sloped
to drain liquids to
collection system
liquids and waste
collected and
removed to minimize
hydraulic head on
containment system
at earliest practicable
time
CHECKLIST
REFERENCE
109
109
109
109
109
109
FEDERAL RCRA CITATION
264.1 101 (a)(4)
264.1101(b)
264.1101(b)(1)
264.1 101 (b)(2)
264.1 101 (b)(2)(i)
264.11 01 (b){2)
(ii)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BRC
IN £
I
Page 22 of 133
DCLDR93J 14
Hevned 10/1:
Printed- 5/1 i
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
secondary
containment system
to prevent hazardous
constituent migration
into barrier; leak
detection and liquid
collection as specified
what must be
installed at a
minimum to satisfy
leak detection
component of
secondary
containment system
constructed with 1 %
or greater bottom
slope
granular, synthetic, or
geonet drainage
materials as specified
if treatment
conducted in building,
treatment area
designed to prevent
releases to other
portions of building
secondary
containment
construction
materials
specifications;
requirements for use
of containment
building as tank
secondary
containment system
CHECKLIST
REFERENCE
109
109
109
109
109
109
FEDERAL RCRA CITATION
264.1 101(b)(3)
264.1101(b)(3)(i)
264.1 101(b)(3)(i)
(A)
264.1 101 (b)(3)(i)
(B)
264.1101(b)(3)
(ii)
264.1 101(b)(3)
(iii)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
•
Page 23 of 133
DCLDR93J.14
Rcvmd: 1O/13/93
Printed: 5/18/94
-------
OSWER DIRECTIVE NO. 9541.00-5
SPA 1
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
t
FEDERAL REQUIREMENTS
for existing units
other than 90-day
generator units.
Regional
Administrator delay
of secondary
containment
requirement if
demonstrated that
unit substantially
meets Subpart DD
standards; for
demonstration.
owner/operator must:
provide written notice
by February 18,
1 993; what notice
must contain
respond to Regional
Administrator
comments within 30
days
if approved, fulfill
terms of revised
plans
owners and operators
of all containment
buildings must:
use controls and
practices to ensure
containment of
hazardous waste
within unit; at a
minimum:
maintain primary
barrier as specified
CHECKLIST
REFERENCE
109
109
109
109
109
109
109
FEDERAL RCRA CITATION
264.1101(b)(4)
264.1101{b)(4)(i)
264.1101(b){4)
(ii)
264.11 01 (b)(4)
(iii)
264. 11 01 (c)
264.1101(0(1)
264.1101(c)(1)(i)
ANALOGOUS STATE
CITATION
1
STATE ANALOG IS: '
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BRO
IN S
1
\
»
Page 24 of 133
DCLDR93J.14 - Ravmd 10/1:
Printed 5/11
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
maintain level of
stored/treated
hazardous waste as
specified
take measures to
prevent tracking of
hazardous waste out
of unit; equipment
decontamination
area; rinsate
collection and
management
take measures to
control fugitive dust
emissions; maintain
particulate collection
devices as specified;
when "no visible
emissions" must be
maintained
certification by
qualified registered
professional engineer;
for units in operation
prior to February 18,
1993, certification
placed in operating
record or on-site files
no later than 60 days
after date of initial
operation; after
February 18, 1993,
PE certification
required prior to
operation of unit
CHECKLIST
REFERENCE
109
109
109
r
109
FEDERAL RCRA CITATION
264.1101(0(1)
(ii)
264.1101(c)(1)
(iii)
264.1 101(c)(1)
(iv)
264.1 101(c)(2)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 25 of 133
DCLDR93J 14 - Revxod 10/13/93
Primed 5/18/94
-------
OSWER DIRECTIVE NO. 9541.00-2
SPA 1.
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
I
FEDERAL REQUIREMENTS
prompt repairs of unit
throughout active life
as specified,
according to the
following procedures:
detection of condition
that has led to a
release; leakage from
primary barrier;
owner or operator
must:
enter record of
discovery in facility
operating record
immediately remove
portion of
containment building
affected by the
condition from
service
determine steps to be
taken for repair,
remove leakage from
secondary collection
system and establish
schedule for cleanup
and repairs
within 7 days, notify
Regional
Administrator of
condition; within 14
working days,
provide written notice
to Regional
Administrator; what
written notice must
include
CHECKLIST
REFERENCE
109
109
109
109
109
109
FEDERAL RCRA CITATION
264.1 101 (c)(3)
264.1101(c)(3)(i)
264.1101(c)(3)(i)
(A)
264.1101(c)(3)(i)
(B)
264..1101(c){3)0)
(C)
264.1 101 (c)(3)(i)
(D)
ANALOGOUS STATE
CITATION
\
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BR04
INSC
I
14
Page 26 of 133
DCLDR93J.14 - FUvMd 10/13/
Pnnud 5/18/
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd) :
FEDERAL REQUIREMENTS
Regional
Administrator must
review notice.
determine extent to
which unit must be
removed from service
during repairs, and
notify owner/operator
of determination and
rationale in writing
written notification to
Regional
Administrator on
completion of repair
and cleanup;
verification by a
qualified, registered
professional engineer
that repairs and
cleanup are in
compliance with
264.1101(c)(3)(i)(D)
plan
what must be
inspected and
recorded in facility's
operating records, at
least once every
seven days
for containment
buildings that contain
areas both with and
without secondary
containment, the
owner/operator must:
CHECKLIST
REFERENCE
109
109
109
109
FEDERAL RCRA CITATION
264.11 01 (c)(3)
(ii)
264.1 101(c)(3)
(iii)
264.1101(c)(4)
264. 11 01 (d)
ANALOGOUS STATE
CITATION
STATE ANALOG IS
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 27 of 133
DCLDR93J.14
R»v»»d 10/13/93
Printed 5/18/94
-------
OSWER DIRECTIVE NO. 9541.00-2i
SPA 1-
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
design and operate
each area in
accordance with
264.1101(a)-(c)
requirements
take measures to
prevent release of
liquids or wet
materials into areas
without secondary
containment
maintain in facility's
operating log' a
written description of
operating procedures
used to maintain
integrity of areas
without secondary
containment
Regional
Administrator waiver
of secondary
containment
requirements; what
owner/operator must
demonstrate
CHECKLIST
REFERENCE
109
109
109
109
FEDERAL RCRA CITATION
264.1101(d)(1)
264.1101(d)(2)
264.1101(d)(3)
264.1101(e)
ANALOGOUS STATE
CITATION
\
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
mot
IN SC
(
CLOSURE AND POST-CLOSURE CARE
what must be done at
closure; closure plan,
closure activities,
cost estimates, and
financial responsibility
must meet all 264
Subpart G & H
requirements
109
264.1102(a)
Page 28 of 133
DCLDR93J.14 - Revmd: 10/13/
Printed: 5/1 a
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
if 264.1102(3)
requirements met and
not all contaminated
subsoils can be
removed or
decontaminated,
close facility and
perform post-closure
care as for landfill
under 264.310;
owner/operator must
meet 264 Subpart G
& H requirements for
landfills
reserved
CHECKLIST
REFERENCE
109
109
FEDERAL RCRA CITATION
264.1 102(b)
264.1103-
264.1110
ANALOGOUS STATE
CITATION
.
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
PART 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS
WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SUBPART A - GENERAL
PURPOSE, SCOPE, AND APPLICABILITY
change "." to ",";
add phrase regarding
compliance with
265.17(b) if owner or
operator is diluting
hazardous ignitable
wastes or corrosive
wastes to remove
characteristic before
land disposal
add new paragraph
regarding facilities to
which Part 265
applies; Part 268
standards are
material conditions of
the 265 standards
124
34,78
265.1(0(10)
265.1(e)
9
Page 29 of 133
DCLDR93J 14
Rsv««d 10/13/93
Printed: 5/18/94
-------
OSWER DIRECTIVE NO. 9541.00-2
SPA 1
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BRO>
IN SI
SUBPART B - GENERAL FACILITY STANDARDS
GENERAL WASTE ANALYSIS
insert "Part 268";
add sentence
regarding what
information, at a
minimum, the waste
analysis must contain
revise comment
following
subparagraph (a)(2)
as follows: remove
"or all" after "supply
part"; add ", except
as otherwise
specified in 40 CFR
268.7(b) and (c)." to
the second sentence
insert "268.7"
add new paragraph
and subparagraphs
regarding exempt
surface impoundment
plan specifications
sampling
impoundment
contents
analysis procedures
annual removal of
specific residues;
criteria:
do not meet
treatment standards
of Part 268, Subpart
D
34,102
78
34
34
34
34
34,
39,50
50
265.13(a)(1)
265.13(a)(2)
265.13(b)(6)
265.13(b){7) .
265.13(b)(7)(i)
265.13(b)(7)(ii)
265.13(b)(7)(iii)
•
265.13(b)(7)(iii)
(A)
I
10
Page 30 of 133
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
where no treatment
standards have been
established
prohibited disposal of
residues under
268.32 or RCRA
3004(d)
prohibited disposal of
residues under
268.33(f)
CHECKUST
REFERENCE
50
50
50
FEDERAL RCRA CITATION
265.13(b)(7)(iii)
(B)
265.13(b)(7)(iii)
(B)(7)
265.13(b)(7)(iii)
(B)(2)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
SUBPART E - MANIFEST SYSTEM, RECORDKEEPING, AND REPORTING
OPERATING RECORD
add "268.4(a)" and
"268.7"
add new paragraph;
records for each
shipment placed in
units under a 268.5
extension, a 268.6
petition, or a 268.8
certification; 268. 7(a)
generation notice
add new paragraph;
off-site treatment
facility requirements
add new paragraph;
on-site treatment
facility requirements
add new paragraph;
off-site land disposal
facility requirements
add new paragraph;
on-site land disposal
facility requirements
34
34,50
34,50
34,50
34,50
34,50
265.73(b)(3)
265.73(b)(8)
265.73(b)(9)
265.73(b)(10)
265.73(b)(11)
265.73(b)(12)
Page 31 of 133
DCLDR93J.14 • RcvMd 10/13/93
Pnnt*d 5,18/94
-------
OSWER DIRECTIVE NO. 9541.00-2C
SPA H
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
i
FEDERAL REQUIREMENTS
add new paragraph;
off-site storage
facility requirements
add new paragraph;
on-site storage
facility requirements
CHECKUST
REFERENCE
50
50
FEDERAL RCRA CITATION
265.73{b)(13)
265.73(b)(14)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROA
IN SC
SUBPART G - CLOSURE AND POST-CLOSURE
APPLICABILITY
remove "and" from
end of paragraph
remove "and" from
end of paragraph
replace "." with
"; and"
add new paragraph
addressing
containment buildings
that are required
under 265. 11 02 to
meet the
requirements for
landfills
109
109
109
109
265.110(b)(1)
265.110(b)(2)
265.110(b)(3)
265.110(b)(4)
I
CLOSURE PERFORMANCE STANDARD
change "and
265.404" to
", 265.404, and
264.1102"
109
265.1 11(c)
CLOSURE PLAN; AMENDMENT OF PLAN
15 replace "§§ 265.90
et seq." with
"subpart F of this
part, §§"; change
", and 265.404" to
", 265.404, and
264.1102"
109
265.112(d)(4)
i
\
Page 32 of 133
DCLDR93J.U - R*vMd 10/13
Printed. 5/18
-------
OSWER DIRECTIVE NO. 9541.0O-20
SPA 14
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
SUBPART H - FINANCIAL REQUIREMENTS
APPLICABILITY
in 265.140(b) insert
":" after "of";
reorganize rest of
paragraph after
"apply to" into
265.140(b)(1)
[disposal facilities]
and 265.140(b)(2)
[tank systems]; add
265.140(b)(3)
addressing
containment buildings
109
265.140(b)
265.140(b){1)
265.140(b)(2)
265.140(b){3)
COST ESTIMATE FOR CLOSURE
replace "of §§
265.178" with "in §§
265.178"; change
"and 265.404" to
". 265.404 and
265.1102"
109
265.142(a)
Page 33 of 133
DCLDR93J 14 -Revised: TO/13/93
Printed: 5/18/94
-------
OSWER DIRECTIVE NO. 9541.00-2
SPA 1
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
: ^
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BRO/
IN SC
SUBPART K - SURFACE IMPOUNDMENTS
DESIGN AND OPERATING REQUIREMENTS
add new paragraph
regarding surface
impoundments newly
subject to RCRA
§3005(j)(1) must be
in compliance with
265.221(a),(c)&(d)
no later than 48
months after
additional
characteristic or
listing promulgation;
Part 268 land
disposal prohibitions
or an extension to an
effective date, within
the 48-month period.
shall not cut short
compliance period
109
265. 221 (h)
SPECIAL REQUIREMENTS FOR IGNITABLE OR REACTIVE WASTE
insert "the waste and
impoundment satisfy
all applicable
requirements of 40
CFR Part 268, and"
after "unless"
78
265.229
SUBPART L - WASTE PILES
SPECIAL REQUIREMENTS FOR IGNITABLE OR REACTIVE WASTE
insert "the waste and
pile satisfy all
applicable
requirements of 40
CFR Part 268, and"
after "unless"
78
265.256
Page 34 of 133
DCLDR93J.14 - R*vwd: 10/13/1
Printed: 5/18/
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS.
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOF€
SUBPART M - LAND TREATMENT
SPECIAL REQUIREMENTS FOR IGNITABLE OR REACTIVE WASTE
insert "the waste and
treatment zone meet
all applicable
requirements of 40
CFR Part 268, and"
after "unless"
78
265.281
SUBPART N - LANDFILLS
SPECIAL REQUIREMENTS FOR IGNITABLE OR REACTIVE WASTE
replace "is treated,
rendered, or mixed
before or immediately
after placement in a
landfill so that:" with
"and landfill meets all
applicable
requirements of 40
CFR Part 268, and:"
begin the first
sentence with
"Except for prohibited
wastes which remain
subject to treatment
standards in Subpart
D of Part 268,"
78
78
265.312{a)
265.31 2(b)
DISPOSAL OF SMALL CONTAINERS OF HAZARDOUS WASTE IN OVERPACKED DRUMS (LAB
PACKS)
add new paragraph
regarding disposal in
compliance with Part
268; requirement for
fiber drums to meet
DOT specifications
and 265.316(b)
requirements if
incinerate lab packs
78
265.316{f)
Page 35 of 133
DCLDR93J 14 - Rsv««d 10/13/93
Printed 5/18/94
-------
OSWER DIRECTIVE NO. 9541.00-2
SPA 1<
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
I
ANALOGOUS STATE
CITATION
1
STATE ANALOG IS: '
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BRO»
IN SC
12
SUBPART DD - CONTAINMENT BUILDINGS
APPLICABILITY
applies to
owners/operators
storing or treating
hazardous waste in
units designed and
operated under
265.1101; effective
February 18, 1993,
but may notify
Regional
Administrator of
earlier time; not
subject to definition
of land disposal in
RCRA 3004(k)
provided unit:
is a completely
enclosed, self
supporting structure
designed and
constructed as
specified
has a primary barrier
designed to
withstand movement
of personnel, wastes
and handling
equipment within unit
if used to manage
liquids:
109
109
109
109
•
265.1100
265.1100(a)
265.1100(b)
265.1100(c)
t
(
Page 36 of 133
DCLDR93J 14
IO/13/!
5i 18/1
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
primary barrier
designed and
constructed to
prevent migration of
hazardous
constituents into
barrier
liquid collection
system to minimize
accumulation of liquid
on primary barrier
secondary
containment system
to prevent hazardous
constituent migration
into barrier; leak
detection and liquid
collection as
specified; variance
under 265. 1101 (b)(4)
controls to prevent
fugitive dust
emissions
designed and
operated to ensure
containment and
prevent tracking of
materials from unit by
personnel or
equipment
CHECKLIST
REFERENCE
109
109
109
109
109
FEDERAL RCRA CITATION
265.1100(c)(1)
265.1100(0(2)
265.1100(0(3)
265.1100(d)
265.1100(e)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
16
DESIGN AND OPERATING STANDARDS
all containment
buildings must
comply with
following design
standards:
109
265.1101(a)
Page 37 of 133
DCLDR93J 14 - Revmd 10/13/93
Printed 5/18/94
-------
OSWER DIRECTIVE NO. 9541.00-2
SPA1
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
i
FEDERAL REQUIREMENTS
completely enclosed
as specified
design and
construction of floor.
containment walls
and secondary
containment system;
unit of sufficient
structural strength to
prevent collapse or
failure; chemically
compatible surfaces;
standards for judging
structural integrity
requirements; when
exception for light-
weight doors and
windows will apply:
provide effective
barrier against
fugitive dust
emissions under
265.1101(c)(1)(iv)
unit designed and
operated so that
wastes do not
contact openings
no placement of
incompatible wastes
or treatment reagents
that could cause unit
or secondary
containment system
to leak, corrode or
otherwise fail
CHECKLIST
REFERENCE
109
109
109
109
109
FEDERAL RCRA CITATION
265.1101(a)(1)
265.1 101 (a)(2)
265.1 101 (a)(2)(i)
265.1101(a)(2)
(ii)
265.1101(a)(3)
ANALOGOUS STATE
CITATION
\
STATE ANALOG IS
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BRO/
IN S(
(
I
Page 38 of 133
DCLDR93J.14 - Revmd: 10/13
Primed: 5/18
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd) :
FEDERAL REQUIREMENTS
must have primary
barrier designed to
withstand movement
of personnel, waste
and handling
equipment in unit
during unit operating
life, as appropriate for
waste characteristics
requirements for
hazardous waste
containing free liquids
or treated with free
liquids:
primary barrier to
prevent migration of
hazardous
constituents into the
barrier
liquid collection and
removal system to
prevent accumulation
of liquid on primary
barrier:
primary barrier sloped
to drain liquids to
collection system
liquids and waste
collected and
removed to minimize
hydraulic head on
containment system
at earliest practicable
time to protect
human health and
environment
CHECKLIST
REFERENCE
109
109
109
109
109
109
FEDERAL RCRA CITATION
265.1101(a)(4)
265.110Kb)
265.1101(b)(1)
265.1 101 (b){2)
265.1 101 (b)(2)(i)
265.1101(b)(2)
(ii)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
.
BROADER
IN SCOPE
Page 39 of 133
DCLDR93J 14
RevMod 10/13/93
Pnrrtod 5/18/94
-------
OSWER DIRECTIVE NO. 9541 .OO-3
SPA 1
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
secondary
containment system
to prevent hazardous
constituent migration
into barrier; leak
detection and liquid
collection as specified
what must be
installed at a
minimum to satisfy
leak detection
component of
secondary
containment system
construct with 1 % or
greater bottom slope
granular, synthetic, or
geonet drainage
materials as specified
if treatment
conducted in building,
treatment area
designed to prevent
releases to other
portions of building
secondary
containment
construction
materials
specifications;
requirements for use
of containment
building as tank
secondary
containment system
CHECKLIST
REFERENCE
109
109
109
109
109
109
FEDERAL RCRA CITATION
265.1101(b)(3)
265.1 101 (b)(3)(i)
265.1 101 (b)(3)(i)
(A)
265.1 101 (b)(3)(i)
(B)
265.1 101 (b)(3)
(ii)
265.1101(b)(3)
(iii)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BRO
IN S
<
Page 40 of 133
I
DCLDR93J 14 - RaviMd: 10/1'
Printed: 5/11
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
for existing units
other than 90-day
generator units.
Regional
Administrator delay
of secondary
containment
requirement if
demonstrated that
unit substantially
meets Subpart DD
standards; for
demonstration,
owner/operator must:
provide written notice
by February 18,
1 993; what notice
must contain
respond to Regional
Administrator
comments within 30
days
if approved, fulfill
terms of revised
plans
owners and operators
of all containment
buildings must:
use controls and
practices to ensure
containment of
hazardous waste
within unit; at a
minimum:
maintain primary
barrier as specified
CHECKLIST
REFERENCE
109
109
109
109
109
109
109
FEDERAL RCRA CITATION
265.1101(b)(4)
265.1101(b)(4)(i)
265.1101{b)(4)
(ii)
265.1101(b)(4)
(iii)
265.1101(c)
265.1101(0(1)
265.1101(c)(1)(i)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 41 of 133
DCLDR93J 14 • H«va«d 10/13/93
Protect 5,18/94
-------
OSWER DIRECTIVE NO. 9541 .OO-;
SPA 1
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
maintain level of
stored/treated
hazardous waste as
specified
take measures to
prevent tracking of
hazardous waste out
of unit; equipment
decontamination
area; rinsate
collection and
management
take measures to
control fugitive dust
emissions; maintain
particulate collection
devices as specified;
when "no visible
emissions" must be
maintained
certification by
qualified registered
professional engineer;
for units in operation
prior to February 18,
1 993, certification
placed in operating
record or on-site files
no later than 60 days
after date of initial
operation; after
February 18, 1993,
PE certification
required prior to
operation of unit
prompt repairs of unit
throughout active life,
according to the
following procedures:
CHECKLIST
REFERENCE
109
109
109
109
109
FEDERAL RCRA CITATION
265.1101(0(1)
(ii)
265.1101(0(1)
(iii)
265.1101(0(1)
(iv)
265.1101(0(2)
265.1101(0(3)
ANALOGOUS STATE
CITATION
1
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BRO
IN S
|
*
A
f
Page 42 of 133
DCLDR93J.14
Ravmd. 10/13
Printed 5/18
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
detection of condition
that has led to a
release; leakage from
primary barrier;
owner or operator
must:
enter record of
discovery in facility
operating record
immediately remove
portion of
containment building
affected by the
condition from
service
determine steps to be
taken for repair;
remove leakage from
secondary collection
system and establish
schedule for cleanup
and repairs
within 7 days, notify
Regional
Administrator of
condition; within 14
working days,
provide written notice
to Regional
Administrator; what
written notice must
include
CHECKLIST
REFERENCE
109
109
109
109
109
FEDERAL RCRA CITATION
265.1 101 (c)(3)(i)
265.1101(c)(3)(i)
(A)
265.1 101 (cH3)(i)
(B)
265.1101(c)(3)(i)
(C)
265.1101(c)(3)(i)
(D)
ANALOGOUS STATE
CITATION
STATE ANALOG IS
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 43 of 133
DCLDR93J.14
Ravimd: 10/13/93
Printed: 5/18/94
-------
OSWER DIRECTIVE NO. 9541.00-2
SPA 1
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
Regional
Administrator must
review notice,
determine extent to
which unit must be
removed from service
during repairs, and
notify owner/operator
of determination and
rationale in writing
written notification of
Regional
Administrator on
completion of repair
and cleanup;
verification by a
qualified, registered
professional engineer
that repairs and
cleanup are in
compliance with
265.1 101 (c)(3)(i)(D)
plan
what must be
inspected and
recorded in facility's
operating records, at
least once every
seven days
for containment
building that contains
both areas with and
without secondary
containment, the
owner/operator must:
CHECKLIST
REFERENCE
'
109
109
109
109
FEDERAL RCRA CITATION
265.1101(0(3)
(ii)
265.1101(0(3)
(iii)
265.1101(0(4)
265.1101(d)
ANALOGOUS STATE
CITATION
I
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BRCM
IN SC
Page 44 of 133
DCLDR93J.14 -RevMd 10/13/S
Printed: 5/1BK
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
design and operate
each area in
accordance with
265.1101(a)-(c)
requirements
take measures to
prevent release of
liquids or wet
materials into areas
without secondary
containment
maintain in facility's
operating log a
written description of
operating procedures
used to maintain
integrity of areas
without secondary
containment
Regional
Administrator waiver
of secondary
containment
requirements; what
owner/operator must
demonstrate
CHECKLIST
REFERENCE
109
109
109
109
FEDERAL RCRA CITATION
265.1101(d)(1)
265.1 101 (d)(2)
265.1 101 (d)(3)
265.1101(e)
ANALOGOUS STATE
CITATION
•
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
CLOSURE AND POST-CLOSURE CARE
what must be done at
closure; closure plan,
closure activities,
cost estimates, and
financial responsibility
must meet all 265
Subparts G & H
requirements
109
265.1102(a)
Page 45 of 133
OCLDR93J .14- RavMd 10/13/93
Pnm»d 5/18/94
-------
OSWER DIRECTIVE NO. 9541.00-J
SPA 1
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
if 265.1102(a)
requirements met and
not all contaminated
soils can be removed
or decontaminated,
close facility and
perform post-closure
care as for landfill
under 265.310;
owner/operator must
meet 265 Subparts G
& H requirements for
landfills
reserved
CHECKLIST
REFERENCE
109
109
FEDERAL RCRA CITATION
265.1102(b)
265.1103-
265.1110
ANALOGOUS STATE
CITATION
^
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BRO,
IN SI
Page 46 of 133
DCLDR93J 14
10/13/
Pnmvd 5/18/
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd) :
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
PART 266 - STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND
SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES
SUBPART C - RECYCLABLE MATERIALS USED IN A MANNER CONSTITUTING DISPOSAL
APPLICABILITY
add language to
reflect that products
for general public's
use are not subject to
regulation if they
meet treatment
requirements of 268
Subpart D or
prohibition levels of
268.32 or RCRA
3004(d) where no
treatment standards;
delete the word
"constituent" from
the parenthetical
phrase following
"recyclable material";
add sentence
exempting from
regulation commercial
fertilizers produced
for the general
public's use that
contain recyclable
materials; zinc-
containing fertilizers
using K061 not
subject to this
requirement
50,66
266.20(b)
PART 268 - LAND DISPOSAL RESTRICTIONS
SUBPART A - GENERAL
PURPOSE, SCOPE AND APPLICABILITY
purpose
34
268.1 (a)
|
Page 47 of 133
DCLDR93J.14
Ravmd 10/13/93
Printed 5/18/94
-------
OSWER DIRECTIVE NO. 9541.00-;
SPA 1
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
applicability
conditions for
continued land
disposal:
9 persons with an
extension
9 persons with an
exemption
7 wastes that are
hazardous only
because they exhibit
a hazardous
characteristic, and
which are otherwise
prohibited from land
disposal, are not
prohibited from land
disposal if the
wastes:
disposed into a
nonhazardous or
hazardous injection
well as defined in 40
CFR 144.6(a)
do not exhibit any
prohibited
characteristic of
hazardous waste at
the point of injection
8
removed
9
removed
preserve waiver
availability under
121(d){4) of CERCLA
CHECKLIST
REFERENCE
34
34,66
34
34
34,
39,50,
66,78
78
78
34,39,
50,66
39,48,
50,78
50
FEDERAL RCRA CITATION
268. Kb)
268. Kc)
268.1(0(1)
268.1(0(2)
268.1(0(3)
268.1 (c)(3)(i)
268.1(c)(3)(ii)
268.1(0(4)
268.1(0(5)
268. 1(d)
ANALOGOUS STATE
CITATION
'
1
STATE ANALOG IS.
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BRO,
IN S
(
-A
Page 48 of 133
DCLDR93J.14 - Rovned 10/13/
Pnnt»d: 5/181
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
wastes which are not
subject to any
provisions of Part
268:
wastes generated by
generators of less
than 1 00 kg of
hazardous waste or
less than 1 kg of
acute hazardous
waste, as defined in
261.5
waste pesticides that
a farmer disposes
pursuant to 262.70
wastes identified or
listed as hazardous
after November 8,
1984 for which EPA
has not promulgated
land disposal
prohibitions or
treatment standards
de minimi's losses to
wastewater
treatment systems of
commercial chemical
product or chemical
intermediates that are
ignitable or corrosive.
and that contain
underlying hazardous
constituents as
defined in 268.2, are
not considered to be
prohibited wastes; de
minimi's defined
CHECKLIST
REFERENCE
66
66
66
66
,
124
FEDERAL RCRA CITATION
268.1(e)
268.1(e)(1)
268.1(e)(2)
268.1(e){3)
268.1(e)(4)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
20
Page 49 of 133
DCLDR93J 14 FWv««d
10.13/93
i, 18/94
-------
OSWER DIRECTIVE NO. 9541.00-2
SPA 1-
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
land disposal
prohibitions do not
apply to laboratory
wastes displaying the
characteristic of
ignitability or
corrosivity that are
commingled with
other plant
wastewaters under
designated
circumstances: such
wastes at facilities
whose ultimate
discharge is subject
to regulation under
the CWA, provided
the annualized flow
of laboratory
wastewater into
facility's headwork
does not exceed 1 %,
or provided that the
laboratory wastes'
combined annualized
average
concentration does
not exceed one part
per million in the
facility's headwork
CHECKLIST
REFERENCE
124
FEDERAL RCRA CITATION
268.1(e)(5)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BR04
IN SC
i
\
DEFINITIONS APPLICABLE TO THIS PART
introductory
paragraph regarding
definitions
"halogenated organic
compounds" or
"HOCs"
78
39,78
268.2
268. 2(a)
Page 50 of 133
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Printed- 5/18/
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
21 "hazardous
constituent or
constituents"
21,
22 "land disposal"
"nonwaste waters"
23 "polychlorinated
biphenyls" or "PCBs"
"waste waters"
"F001, F002, F003,
F004, F005 solvent-
water mixtures"
"K011, K013, K014
wastewaters"
"K103 and K104
wastewaters"
"debris"
24
removed
"hazardous debris"
"underlying
hazardous
constituent"
CHECKLIST
REFERENCE
34,78
34,
39,78
78,83
39,78
78
78,83
78,83
78
78,
83,109
78,
83,109
109
124
FEDERAL RCRA CITATION
268. 2(b)
268. 2(c)
268. 2(d)
268.2(e)
268. 2(f)
268.2(f)(1)
268.2(f){2)
268.2(f)(3)
268.2(g)
268.2(g)(1)-(8)
268. 2(h)
268.20)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
•
BROADER
IN SCOPE
Page 51 of 133
DCLDR93J.14 - Rcviwd: 10/13/93
Printed: 5/18/94
-------
OSWER DIRECTIVE NO. 9541.OO-2<
SPA 1'
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
(
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROA
INSC
DILUTION PROHIBITED AS A SUBSTITUTE FOR TREATMENT
25 except as provided in
268. 3(b), dilution not
substitute for
treatment; restriction
regarding
circumvention of
effective dates and
avoidance of
prohibition of Subpart
C or RCRA 3004
permissible forms of
dilution related to
Sections 307 or 402
of the CWA;
exception for D003
reactive cyanide
wastewater or
nonwastewater
34,
39,78
78,102
268.3(a)
268. 3(b)
J
^
t TREATMENT SURFACE IMPOUNDMENT EXEMPTION
when prohibited
wastes may be
treated in a surface
impoundment
treatment occurs in
impoundments
soft hammer wastes
in treatment surface
impoundments that
meet a list of
conditions:
34
34
34,
39,50
268. 4(a)
268.4(a)(1)
268.4(a)(2)
Page 52 of 133
DCLDR93J 14 - FWv
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
sampling and testing
requirements for
wastes with and
without treatment
standards;
supernatant and
sludge samples
tested separately
annual removal of
specific residues;
residues subject to
valid certification;
flow-through
standard of removal
for supernatant
requirements for
subsequent
management of
treatment residues in
another
impoundment;
prohibited unless
certification under
268.8 and standards
of 268. 8(a) are met
recordkeeping
requirements must be
specified in the
facility's waste
analysis plan
9 design requirements/
exemptions
exempt under
264.221 (d) or (e) or
265.221(0) or (d)
CHECKLIST
REFERENCE
50
50
50
50
34
34
FEDERAL RCRA CITATION
268.4(a)(2)(i)
268.4(a)(2)(ii)
268.4(a)(2)(iii)
268.4(a)(2)(iv)
268.4(a)(3)
268.4(a)(3)(i)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 53 of 133
DCLDR93J.U
Ravmd 10/13/93
Pnntsd- 5/18/94
-------
OSWER DIRECTIVE NO. 9541.00-2
SPA 1
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
9
conditions under ;'
which Administrator
grants waiver of
requirements; meets
RCRA §3005(j)(2)
9 modification granted
on basis of a
demonstration of no
migration into
groundwater or
surface water at any
future time; satisfies
RCRA §3005(j)(11)
no migration
9 submittal of written
certification and
waste analysis plan
evaporation of
hazardous
constituents not
considered treatment
for exemption
purposes
CHECKLIST
REFERENCE
34
34
34
39
FEDERAL RCRA CITATION
268.4(a)(3)(ii)
268.4(a)(3)(ii)(A)
268.4(a)(3)(ii)(B)
268.4(a)(3)(ii)(C)
268.4(a)(3)(iii)
268.4(a)(4)
268. 4(b)
ANALOGOUS STATE
CITATION
1
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROJ
IN SC
(
ft********************************************
» ***********************
Guidance note: 268.5 is NOT DELEGABLE. States should see Note 3 at the beginning of this
checklist regarding how to incorporate this section into their code.
PROCEDURES FOR CASE-BY-CASE EXTENSIONS TO AN EFFECTIVE DATE
application to EPA
Administrator for an
extension to effective
date of any Part 268,
Subpart C restriction;
what the applicant
must demonstrate:
34
268.5O)
Page 54 of 133
13/S
DCLDR93J.14 - Ravind: 10/12
Printed: 5/18/S
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Land Disposal Restrictions :
as of June 30, 1993 (cont'd) :
FEDERAL REQUIREMENTS
good-faith effort to
locate and contract
with treatment,
recovery, or disposal
facilities nationwide
to manage waste
according to Subpart
C effective date
binding contractual
commitment to
construct or provide
alternate treatment.
recovery (e.g..
recycling), or disposal
capacity that meets
Subpart D treatment
standards;
requirements when
no treatment
standards
demonstration that
alternative capacity
cannot reasonably be
available by effective
date due to
circumstances
beyond applicant's
control; how this
must be
demonstrated
capacity being
constructed or
provided by applicant
must be sufficient to
manage entire
quantity of waste
CHECKLIST
REFERENCE
34
34,39
34
34
FEDERAL RCRA CITATION
268.5(a)(1)
268.5(a)(2)
268.5(a)(3)
-
268.5(a)(4)
ANALOGOUS STATE
CITATION
•
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 55 of 133
DCLDR93J 14
RaviMd 10/13/93
Printed 5/18/94
-------
OSWER DIRECTIVE NO. 9541 .OO-2
SPA 1
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
detailed schedule for
obtaining required
permits or outline of
how and when
alternate capacity will
be available
arranged for adequate
capacity during
extension and
documented in all site
locations where
wastes will be
managed
surface impoundment
or landfill used must
meet 268.5(h)(2)
requirements
certification by
authorized
representative signing
an application
Administrator may
request additional
information
extension applies only
to waste generated at
individual facility
covered by extension
CHECKLIST
REFERENCE
34
34
34
34
34
34
FEDERAL RCRA CITATION
268.5(a)(5)
268.5(a)(6)
268.5(a)(7)
268. 5(b)
268. 5(c)
268. 5(d)
ANALOGOUS STATE
CITATION
•
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BR04
IN SC
4
\
Page 56 of 133
DCLDR93J 14 - Ravmd 10/13/9
Printed- 5/18/9
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
Administrator may
grant extension of up
to 1 year from
effective date;
extension for 1
additional year if
268.5(a)
demonstration can
still be made; no
extension beyond 24
months from 268,
Subpart C effective
date; length of
extension determined
by Administrator and
basis; public notice
and comment; final
decision published in
Federal Register
notify Administrator
of change in certified
conditions
written progress
reports at intervals
designated by
Administrator; what
progress reports must
include; conditions
for revocation of
extension by
Administrator
during period
established by
Administrator for
which extension is in
effect:
268. 5{a) storage
restrictions do not
apply
CHECKLIST
REFERENCE
34
34
34
34
34,39
FEDERAL RCRA CITATION
268.5(e)
268.5(f)
268.5(g)
268. 5(h)
268.5(h)(1)
ANALOGOUS STATE
CITATION
-
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 57 of 133
DCLDR93J 14 - fovwd 10/13/93
Printed 5/18/94
-------
OSWER DIRECTIVE NO. 9541.00-2
SPA 1
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
conditions for
disposal in landfill or
surface impoundment
regardless of whether
unit is existing, new,
replacement or lateral
extension
interim status landfill
requirements
permitted landfill
requirements
interim status surface
impoundment
requirements
permitted surface
impoundment
requirements
surface
impoundments newly
subject to RCRA
3006(j); compliance
with 265 Subpart F
within 1 2 months and
with 265.221(a), (c),
and (d) within 48
months; effect of a
national capacity
variance
requirements for
landfills disposing of
specified PCB waste
CHECKLIST
REFERENCE
34,50,
66
34
34,109
34,39
34,109
109
39,109
FEDERAL RCRA CITATION
268.5(h){2)
268.5(h)(2)(i)
268.5(h)(2)(ii)
268.5(h)(2)(iii)
268.5(h)(2)(iv)
268.5(h)(2)(v)
268.5(h)(2)(vi)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
«
BRO>
IN S(
|
26
26
Page 58 of 133
DCLDR93J.14
Revmd: 10/13/i
Printed: 5/1 8/!
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
pending decision on
application,
compliance with all
legal disposal
restrictions once
effective date has
been reached
CHECKUST
REFERENCE
34
FEDERAL RCRA CITATION
268. 5(i)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
*************************************************************************
***»****»*******»*»**»*»»***** « »•«***** * * * * * * * * * *************************
*************************************************************************
Guidance note: 268.6 is NOT DELEGABLE. States should see Note 3 at the beginning of this
checklist regarding how to incorporate this section into their code.
PETITIONS TO ALLOW LAND DISPOSAL OF A WASTE PROHIBITED UNDER SUBPART C OF
PART 268
submit petition to
Administrator;
demonstration of no
waste migration;
demonstration
components
identify specific unit
and waste
waste analysis
comprehensive
disposal unit
characterization
monitoring plan
detecting migration at
the earliest time
34
34
34
34
50
268.6(a)
268.6(a)(1)
268.6(a)(2)
268.6(a)(3)
268.6(a)(4)
Page 59 of 133
DCLDR93J.14.RmMd 10-13/93
Pm*«d 6,18/94
-------
OSWER DIRECTIVE NO. 9541.00-J
SPA 1
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
sufficient information
to assure
Administrator that
owner/operator is in
compliance with
other applicable
Federal, State and
local laws
demonstration
criteria:
data must be
accurate and
reproducible
Administrator
approved sampling,
testing and
estimation techniques
model calibration;
models verified with
actual data
quality
assurance/control
plan approved by
Administrator
uncertainty analysis
what each petition
must include:
monitoring plan
including description
of monitoring
program to verify
continued compliance
with variance;
information which
must be included
media monitored
CHECKLIST
REFERENCE
50
50
50
34
34
34
34
50
50
50
FEDERAL RCRA CITATION
268.6(a)(5)
268. 6(b)
268.6(b)(1)
268.6(b)(2)
268.6(b)(3)
268.6(b)(4)
268.6(b)(5)
268. 6(c)
268.6(0(1)
268.6(c)(1)(i)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BRO>
IN S(
(
I
Page 60 of 133
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd) :
FEDERAL REQUIREMENTS
type of monitoring
monitoring station
location
monitoring interval
specific hazardous
constituents to be
monitored
monitoring program
implementation
schedule
monitoring station
equipment
sampling and
analytical techniques
employed
data
recording/reporting
procedures
268.6(c)(1)
monitoring program
must be in place by
Administrator-
specified time period,
as part of approval of
the petition, prior to
prohibited waste
receipt at unit
268.6{c){1)
monitoring data sent
to Administrator
according to
monitoring plan must
be according to
approved format and
schedule
CHECKLIST
REFERENCE
50
50
50
50
50
50
50
50
50
50
FEDERAL RCRA CITATION
268.6(c)(1)(ii)
268.6(c)(1)(iii)
268.6(c)(1)(iv)
268.6{c)(1)(v)
268.6(c){1)(vi)
268.6(c)(1)(vii)
268.6(c)(1)(viii)
268.6(c)(1)(ix)
268.6(c)(2)
268.6(c)(3)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 61 of 133
DCLDR93J.14 - RevMd: 10/13/93
Printed: 5/18/94
-------
OSWER DIRECTIVE NO. 9541.00-2
SPA 1
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
monitoring data as
per 268.6(0(1)
monitoring plan must
be kept in on-site
operating record
criteria the 268. 6(c)
(1) monitoring
program must meet:
Administrator
approval for all
sampling, testing,
and analytical data;
data accurate and
reproducible
Administrator
approval of all
estimation and
monitoring
techniques
QA/QC plan for all
aspects of monitoring
program provided to
and approved by
Administrator
petition submitted to
Administrator
reporting of changes
at unit and/or
surrounding
environment that
significantly depart
from variances and
affect migration
potential
CHECKLIST
REFERENCE
50
50
50
50
50
34,50
50
FEDERAL RCRA CITATION
268.6(C)(4)
268.6(c)(5)
268.6(c)(5)(i)
268.6(c)(5)(ii)
268.6(c)(5)(iii)
268. 6(d)
268.6(e)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
\
BRO>
IN S(
(
28
29
Page 62 of 133
DCLDR93J 14 R«v
10/13/J
Pr*M«d 5/18/<
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
changes to unit
design, construction
or operation proposed
in writing and a
demonstration to
Administrator 30
days prior to change;
Administrator makes
determination if
petition is invalidated
and determines
appropriate response;
Administrator
approval before
changes can be made
within 1 0 days of
discovering change,
written notification to
Administrator if
condition is not as
predicted or modeled
in petition;
Administrator decides
if change requires
further action
owner/operator
responsibilities if
hazardous waste
migration:
immediate suspension
of prohibited waste
receipt
within 1 0 days
written notification to
Administrator
CHECKLIST
REFERENCE
50
50
50
50,66
50
FEDERAL RCRA CITATION
268.6(e)(1)
268.6(e)(2)
268. 6(f)
268.6(f)(1)
268.6(f)(2)
ANALOGOUS STATE
CITATION
t
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
*
BROADER
IN SCOPE
,
30
Page 63 of 133
DCLDR93J.14
RevMd- 10/13/93
Printed: 5/18/94
-------
OSWER DIRECTIVE NO. 9541.00-'
SPA i
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
Administrator
decision within 60
days as to continued
receipt of prohibited
waste; Administrator
determines if further
examination of any
migration warranted
31 signed statement
31 Administrator may
request additional
information
31 waste unit to which
petition applies
31 Administrator gives
public notice in
Federal Register: final
decision in Federal
Register
31 term of petition
31 requirements prior to
Administrator's
decision
31 petition granted by
Administrator does
not relieve
responsibilities under
RCRA
32 noneligibility of
certain liquid PCB
wastes for "no
migration" petitions
under 268.6
CHECKLIST
REFERENCE
50
34,50
34,50
34,50
34,50
34,50
34,50
34,50
39,50
FEDERAL RCRA CITATION
268.6(f)(3)
268.6{g)
268. 6(h)
268. 6(i)
268. 6(j)
268. 6(k)
268.6(1)
268. 6(m)
268. 6(n)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
h
MORE
STRIN-
GENT
BRO;
INSf
(
*****«***********»***«************************************************1
**«**«**««**»»*»**«**»**»**»»***»»* »»»»»»•»» » » » «»»««««««•«««•»«««»«»»«««<
I
Page 64 of 133
DCLDR93J.14 - Revwad: 10/13/9:
Printed: 5/18/9<
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
WASTE ANALYSIS AND RECORDKEEPING
generator determines
if listed waste is a
restricted waste;
268.32 exception; if
characteristic is
exhibited, test extract
using 268, Appendix
IX methods or use
knowledge of waste
to determine if
restricted from land
disposal; what the
generator must do if
he determines that
his waste displays
characteristic of
ignitability or
corrosivity and is
prohibited under
268.37
if generator is
managing restricted
waste that does not
meet applicable
treatment standards,
must notify treatment
or storage facility of
appropriate treatment
standards
34,39,
50,83,
124
34,
39,50
268. 7(a)
268.7(a){1)
•
•
•
Page 65 of 133
DCLDR93J.14
10/13/93
PnntBd 5/18/94
-------
OSWER DIRECTIVE NO. 9541.00-;
SPA 1
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
information the notice
must include
if managing restricted
waste that can be
land disposed without
further treatment,
notice and
certification to
treatment, storage, or
land disposal facility;
generators of
hazardous debris that
is excluded from the
definition of
hazardous waste
under 261.3(e)(2) not
subject to notice and
certification
information required
in notice to
treatment, storage or
land disposal facility
certification
signature/statement
CHECKLIST
REFERENCE
34
34,39,
78,83,
124
34,109
109
34,109
34,39,
50,109
34
34,39,
78,83
34
34,39
FEDERAL RCRA CITATION
268.7(a)(1)(i)
268.7(a)(1)(ii)
268.7(a)(1 )(,,,)
268.7(a)(1)(iv)
268.7(a)(1)(v)
268.7(a)(2)
268.7(a)(2)(i)
268.7(a)(2){i)(A)
268.7(a)(2)(i)(B)
268.7(a)(2)(i)(C)
268.7(a)(2)(i)(D)
268.7(a)(2)(ii)
ANALOGOUS STATE
CITATION
'
1
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BRO
INS
4
*
33,
34
Page 66 of 133
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
for waste subject to
exemption from
prohibition (such as a
case-by-case 268.5
extension, 268.6
exemption or Subpart
C nationwide
capacity variance) on
land disposal method
used for the waste.
notice to receiving
facility that waste is
not prohibited from
land disposal
information the notice
must include
CHECKLIST
REFERENCE
34,
50,66
50
50,
78,83
50
50,109
109
50,109
.
FEDERAL RCRA CITATION
268.7(a)(3)
268.7(a)(3Mi)
268.7(a)(3)(ii)
268.7(a)(3)(in)
268.7(a)(3)(iv)
268.7(a)(3)(v)
268.7(a)(3)(vi)
ANALOGOUS STATE
CITATION
-_
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
35
Page 67 of 133
DCLDR93J.14 -Ravmd- 10/13/93
Printed 5/18/94
-------
OSWER DIRECTIVE NO. 9541.00-
SPA
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
for prohibited waste
managed in tanks.
containers, or
containment buildings
under 262.34 and
treated to meet 268
Subpart D standards.
waste analysis plan
to be developed,
followed and kept on-
site; generators
treating hazardous
debris under 268.45,
Table 1 alternative
treatment standards
not subject to
analysis requirements
waste analysis plan
based on detailed
chemical and physical
analysis of
representative
sample; contain
information necessary
to treat waste in
accordance with 268
requirements
file plan with EPA
Regional
Administrator or
authorized State 30
days prior to
treatment; delivery
verified
compliance with
268.7(a)(2)
notification
requirements for
wastes shipped off-
site
CHECKLIST
REFERENCE
50,66,
78,109
50,78
50,78
50,78
FEDERAL RCRA CITATION
268.7(a)(4)
268.7(a)(4)(i)
268.7(a)(4)(ii)
268.7(a)(4)(iii)
ANALOGOUS STATE
CITATION
•
1
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BRC
IN!
.
\
4
36
37
37
Page 68 of 133
DCLDR93J.14
Rev«ad 10/13
Printed. 5/18
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
removed
maintenance of data
supporting knowledge
of waste; retention of
waste analysis data
on-site in files
conditions under
which a generator.
managing a restricted
waste excluded from
the definition of
hazardous or solid
waste, must place a
one-time notice in the
facility's file
containing specified
information
five-year retention
period for notices,
certifications,
demonstrations, etc.,
produced relative to
268.7; extensions
during enforcement
actions; requirements
apply to solid wastes
even when hazard
characteristic is
removed prior to
disposal or when
waste excluded from
definition of
hazardous or solid
waste in 261.2-
261.6 or exempted
from Subtitle C
regulation subsequent
to the point of
generation
CHECKLIST
REFERENCE
50,78
34,50
83
50,83
FEDERAL RCRA CITATION
268.7(a)(4)(iv)
268.7(a)(5)
268.7(a)(6)
268.7(a)(7)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
'
BROADER
IN SCOPE
•
9,38
39
Page 69 of 133
DCLDR93J.14 - fWvMd 10,13/93
Pmrtcd 5,18/94
-------
OSWER DIRECTIVE NO. 9541.00-J
SPA 1
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
notice for a generator
managing a lab pack
that contains wastes
identified in Appendix
IV if use alternative
treatment standards
under 268.42;
268.7(a)(5)&(6)
compliance;
certification
notice for a generator
managing a lab pack
that contains organic
wastes specified in
Appendix V if use
alternate treatment
standard under
268.42; 268.7(a)
(5)&{6) compliance;
certification
notification and
certification
requirements for
small quantity
generators with
tolling agreements
pursuant to 40 CFR
262.20(e)
treatment facility
testing at frequency
specified in waste
analysis plan
testing when
standards are
expressed as
concentrations in
waste extract
CHECKLIST
REFERENCE
78,83
78,83
78,83
34,
39,50
50
FEDERAL RCRA CITATION
.
268.7(a)(8)
268.7(a)(9)
268.7(a)(10)
268.7(b)
268.7(b)(1)
ANALOGOVJS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BRO
INS
j
\
t,
11,
39
39
Page 70 of 133
DCLDR93J 14
RavMd: 10/13,
Primed 5/18,
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
testing of 268.32 or
RCRA 3004(d)
prohibited wastes not
subject to Subpart D
treatment standards
testing for wastes
with treatment
standards expressed
as concentrations in
waste
notice with each
shipment by
treatment facility to
land disposal facility;
however, debris
excluded from the
hazardous waste
definition at 261.3(e)
is subject to
notification and
certification under
268.7(d)
Inf ormaf inn tho r\f\fif*o
ii ii ur i iidiiui 1 ii ic i lUiiccs
must include
CHECKLIST
REFERENCE
50
50
34,
50,109
34,50
34,39,
50,
78,83,
124
34,50
FEDERAL RCRA CITATION
268.7(b)(2)
268.7(b){3)
268.7(b)(4)
268.7(b)(4)(i)
268.7(b)(4)(ii)
268.7(b)(4)(iii)
268.7(b)(4)(iv)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
40
40,
33
Page 71 of 133
DCLDR93J 14 - Revirad: 10/13/93
Printed: 5/18/94
-------
OSWER DIRECTIVE NO. 9541.00-:
SPA 1
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
41 certification of each
shipment; however.
debris excluded from
the definition of
hazardous waste
under 261.3(e) is
subject to notification
and certification
under 268. 7(d)
41 certification
requirements for
wastes with
treatment standards
expressed as
concentrations in the
waste extract or in
the waste, or for
wastes prohibited
under 268.32 or
RCRA Section
3004(d) which do not
have 268, Subpart D
treatment standards
41 certification
requirements for
wastes with
treatment standards
expressed as
technologies
certification
requirements for
wastes with
treatment standards
expressed as
concentrations in the
waste pursuant to
268.43
CHECKLIST
REFERENCE
34,39,
50,109
34,39,
50,78
34,50
78
FEDERAL RCRA CITATION
268.7(b)(5)
268.7(b)(5){i)
268.7{b)(5){ii)
_
268.7(b)(5)(iii)
ANALOGOUS STATE
CITATION
.
STATE ANALOG IS.
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BRO
IN S
(
\
Page 72 of 133
DCLDR93J 14
IcvMd 10/13/J
Pnrt«d 5/18/S
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
compliance with
generator notice and
certification
requirements if waste
sent offsite
42 no 268.7(b)(4)
notification for
recyclable materials
used in a manner
constituting disposal
and subject to
266.20(b); with each
shipment 268.7(b){5)
certification and
268.7(b)(4) notice to
Regional
Administrator;
records of recipients
of waste-derived
products
43 requirements for land
disposal facility
except where the
owner or operator is
disposing recyclable
wastes pursuant to
266.20(b):
43 have copies of notice
and certifications
under 268. 7(a) or (b)
and certifications in
268.8 if applicable
43 test of waste or
extract; applicable
treatment standards
to be met; frequency
of testing
44 removed
CHECKLIST
REFERENCE
50
50,
66,78
34,39,
50,78
34,
39,50
39,50
50,78
FEDERAL RCRA CITATION
268.7(b)(6)
268.7(b)(7)
268.7(c)
268.7(c)(1)
*
268.7(c)(2)
268.7(c)(3)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
»
BROADER
IN SCOPE
Page 73 of 133
DCLDR93J.14 -RevMd 10/13/93
Pnntad 5/18/94
-------
OSWER DIRECTIVE NO. 9541.00-2
SPA 1
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd) :
FEDERAL REQUIREMENTS
removed
notification and
certification
requirements for
generators or treaters
who first claim that
hazardous debris is
excluded from the
definition of
hazardous waste
under 261. 3(e)
one-time notification
including specified
information
when notification
must be updated
how the owner or
operator must
document and certify
compliance with
Table 1, 268.45
treatment standards
CHECKLIST
REFERENCE
66,78
109
109
109
109
FEDERAL RCRA CITATION
268.7(c)(4)
268. 7(d)
268.7(d)(1)
268.7{d)(1)(i)
268 7(d)mn
^uo. / \\i)\ i\iii
268.7(d)(1)(iii)
268.7(d)(2)
268.7(d)(3)
268.7(d)(3)(i)
268.7(d)(3)(ii)
268.7(d)(3)(iii)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BRO/
IN SC
.
(
LANDFILL AND SURFACE IMPOUNDMENT DISPOSAL RESTRICTIONS
disposal of 268.33(f)
prohibited wastes in
landfills or surface
impoundments in
compliance with
268.5(h)(2) if
requirements of
268.8 are met;
section not in effect
after May 8, 1990
50,78
268. 8(a)
Page 74 of 133
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OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
good faith generator
effort to contract
with treatment and
recovery facilities
providing greatest
environmental benefit
specific requirements
for generator if no
practically available
treatment for waste:
prior to initial
shipment.
demonstration to
Regional
Administrator
containing specified
lists and written
discussion;
certification; waste
shipment
for initial shipment.
demonstration and
certification sent to
receiving facilities;
certification only for
subsequent
shipments; generator
recordkeeping and
five-year retention
specific requirements
for generator if there
are practically
available treatments
for waste:
CHECKUST
REFERENCE
50
50,66
50,66
50,66
50,66
FEDERAL RCRA CITATION
268.8(a)(1)
268.8(a)(2)
„
268.8(a)(2)(i)
268.8(a)(2)(ii)
268.8(a)(3)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 75 of 133
DCLDR93J.14 -RevKMi: 10/13/93
Printed- 5/18/94
-------
OSWER DIRECTIVE NO. 9541.00-2
SPA 1-
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
prior to initial
shipment,
demonstration to
Regional
Administrator
containing specified
lists and written
discussion;
certification; waste
shipment
with initial shipment
copy of
demonstration and
certification sent to
receiving facilities;
certification only for
subsequent
shipments; generator
recordkeeping and
five-year retention
45 where there is
practically available
treatment for waste
prior to disposal,
copy of
demonstration and
certification
submitted to
receiving facility with
initial shipment;
certification only for
subsequent
shipments; generator
recordkeeping and
five-year retention
CHECKLIST
REFERENCE
66
66
50
FEDERAL RCRA CITATION
268.8(a)(3)(i)
268.8(a)(3)(n)
268.8(a)(4)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BRO/S
IN SC
I
Page 76 of 133
DCLDR93J.14
Revmd: 10/13/!
Printed: 5/18/i
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
additional information
for certification if
requested by Regional
Administrator;
submittal of new
demonstration and
certification as
provided in 268. 8(a)
to the receiving
facility
notification when any
change in conditions
forming basis of
certification occurs
invalidation when
Regional
Administrator finds
practically available
treatment method or
a method yielding
greater environmental
benefit than certified
when certification is
invalidated, generator
must cease shipment.
communicate with
facilities receiving
waste, and keep
records of
communication
receiving treatment,
recovery or storage
facilities keep copy of
generator's
demonstration and
certification
CHECKLIST
REFERENCE
,
50
50,66
50
50
50
FEDERAL RCRA CITATION
'
268. 8(b)
268.8(b)(1)
268.8(b)(2)
268.8(b){3)
268. 8(c)
ANALOGOUS STATE
CITATION
STATE ANALOG IS.
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
*
Page 77 of 133
DCLDR93J 14 - RevMd 10/13/93
Printed: 5/18/94
-------
OSWER DIRECTIVE NO. 9541.00-:
SPA 1
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
receiving treatment.
storage or recovery
facility certify waste
treated according to
generator's
demonstration
for initial shipment,
treatment, recovery
or storage facility
must send copy of
generator's
demonstration and
certification(s) to
facility receiving
waste or treatment
residues; certification
only for subsequent
shipments, if
certification
conditions remain
unchanged
disposal facility must
assure certification
prior to disposal in
landfill or surface
impoundment unit
and units in
accordance with
268.5(h)(2) for
wastes prohibited
under 268.33(f)
wastes may be
disposed in landfill or
surface impoundment
meeting 268.5(h)(2)
requirements if
certified and treated
CHECKLIST
REFERENCE
50
•
50,66
50,66
50
FEDERAL RCRA CITATION
268.8(C)(1)
268.8(c)(2)
268. 8(d)
268.8(e)
ANALOGOUS; STATE
CITATION
-
I
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BRC
IN S
Page 78 of 133
DCLDR93J 14
1
- Revwed 10/
Printed: 5/1
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
SPECIAL RULES REGARDING WASTES THAT EXHIBIT A CHARACTERISTIC
determination of
applicable treatment
standards under
Subpart D, Part 268
by initial generator of
a solid waste; code
designation and
exceptions;
conditions under
which generator must
determine what
underlying hazardous
characteristics are
reasonably expected
to be present in the
waste
the treatment
standard for the
waste code listed in
40CFR Part 261,
Subpart D will
operate for wastes
both listed under
Subpart D, Part 261
and exhibit a
characteristic under
Subpart C, Part 261;
conditions under
which treatment
standards for all
applicable listed and
characteristic waste
codes must be met
78,83,
124
78
268.9(3)
268. 9(b)
*
Page 79 of 133
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R*v«*d 1013/93
Pnn<*d 6.18/94
-------
OSWER DIRECTIVE NO. 9541.00-
SPA
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
no prohibited waste
which exhibits a
characteristic under
40CFR Part 261,
Subpart C may be
land disposed unless
waste complies with
Part 268, Subpart D
treatment standards
wastes that exhibit a
characteristic are
subject to 268.7
requirements; once
wastes are no longer
hazardous, place one-
time notification and
certification in
generator's/treater's
files and send to EPA
region or authorized
State; when
notification and
certification must be
updated; annual EPA/
State notification if
such changes occur.
by December 31
information needed
with each notification
certification signed by
authorized
representative stating
language found in
268.7{bM5)
CHECKLIST
REFERENCE
78
78,109
78
78,109
78,
83,109
78,109
78,109
FEDERAL RCRA CITATION
268. 9(c)
268. 9(d)
268.9(d)(1)
268.9(d)(1)(i)
O£Q Q/s4\/1 \/ii\
dbWOvwiUll I fill/
268.9(d)(1)(iii)
268.9(d)(2)
ANALOGOUS STATE
CITATION
•
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BRC
IN!
Page 80 of 133
DCLDR93J.14
- Reviwd. 10/13
Printed: 5/18
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
SUBPART B - SCHEDULE FOR LAND DISPOSAL PROHIBITION AND ESTABLISHMENT OF
TREATMENT STANDARDS
46 SURFACE IMPOUNDMENT EXEMPTIONS
defines additional
circumstances in
which prohibited
waste may continue
to be placed in a
surface impoundment
continued storage of
"newly identified
waste" in newly
regulated
impoundment for 48
months after the
promulgation of the
additional listing or
characteristic
provided waste is not
otherwise prohibited
and impoundment is
in compliance with
265, subpart F within
1 2 months after new
listing/characteristic
promulgation
109
109
268.14(a)
268.14(b)
Page 81 of 133
DCLDR93J 14
10/13/93
Printed: 5/18/94
-------
OSWER DIRECTIVE NO. 9541.00-2
SPA 1<
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
continue treatment of
"newly identified
waste" in newly
regulated
impoundment,
provided waste is not
otherwise prohibited,
and surface
impoundment is in
compliance with 265,
Subpart F within 1 2
months after new
listing/characteristic
promulgation
CHECKLIST
REFERENCE
109
FEDERAL RCRA CITATION
268.14(c)
ANALOGOUS STATE
CITATION
I I
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROA
IN SC
SUBPART C - PROHIBITIONS ON LAND DISPOSAL
WASTE SPECIFIC PROHIBITIONS - SOLVENT WASTES
47 effective November
8, 1986, F001-F005
spent solvent wastes,
as specified in
261.31, are
prohibited from land
disposal unless one or
more conditions
apply:
generated by an SQG
of 100-1000 kg/mo
generated by a
CERCLA response
action/corrective
action except where
waste is
contaminated soil or
debris
34
34
34,50
268.30(a)
268.30(a)(1)
268.30(a)(2)
'
Page 82 of 133
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10/13/1
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-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd) :
FEDERAL REQUIREMENTS
9 concentration-specific
exemption (solvent
waste with less than
1 % total solvent
constituent)
solvent waste residue
from treating a
268.30(a)(1), (a)(2),
or (a)(3) waste or
residue from other
wastes meeting
specific requirements
effective November
8, 1988, the F001-
F005 solvent
exemptions of
268.30(a)(1)-(4) are
prohibited from land
disposal
land disposal of
F001-F005 solvent
wastes that are
contaminated soil and
debris (and their
treatment residues)
resulting from
CERCLA action or
RCRA corrective
action prohibited after
November 8, 1990;
permitted disposal in
landfill or surface
impoundment unit in
compliance with
268.5(h)(2) prior to
November 8, 1 990
48 situations where
268.30(a), (b) and (c)
do not apply:
CHECKLIST
REFERENCE
34,50
39
34,50
50
34,50
FEDERAL RCRA CITATION
268.30(a)(3)
268.30(a)(4)
268.30(b)
268.30(c)
268. SOW)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
•
Page 83 of 133
DCLOR93J 14
Revmd 10/13/93
Printed 5/18/94
-------
OSWER DIRECTIVE NO. 9541.00-5
SPA 1
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
48 wastes treated to
meet Subpart D of
Part 268
48 disposal at facility
with successful no-
migration petition
48 wastes and units for
which case-by-case
extensions have been
granted
CHECKUST
REFERENCE
34,50
34,50
34,50
FEDERAL RCRA CITATION
268.30(d)(1)
268.30(d)(2)
268.30(d)(3)
ANALOGOUS STATE
CITATION
|
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BRO-
IN SI
WASTE SPECIFIC PROHIBITIONS - DIOXIN-CONTAINING WASTES
effective November
8, 1988, the dioxin-
containing wastes,
F020-F023 and
F026-F028, are
prohibited from land
disposal unless a
specific condition
applies:
these wastes are
contaminated soil and
debris waste resulting
from response action
under CERCLA or
from a RCRA
corrective action
prohibit land disposal
of F020-F023 and
F026-F028 dioxin-
containing wastes of
268.31(a)(1)
effective November
8, 1990
34,50
50
50
268. 31 (a)
268. 31 (aid)
268.3Kb)
f
t
(
Page 84 of 133
OCLDR93J.14 - Revised: 10/13/S
Printed: 5/18V!
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
9 between November
8, 1988, and
November 8, 1990,
wastes of 268. 31 (a)
(1) disposed in landfill
or surface
impoundment must
meet 268.5(h)(2) and
applicable 264 and
265 requirements
9,49 situations where
268.31 (a) and (b) do
not apply
9,49 wastes treated to
meet Subpart D, Part
268 standards
9,49 disposal at facility
with successful no-
migration petition
9,49 extension to effective
date of a prohibition
CHECKLIST
REFERENCE
34,50
34,50
34,50
34,50
34,50
FEDERAL RCRA CITATION
268. 31 (c)
268. 31 (d)
268.31 (d)(1)
268.31(d)(2)
268.31(d)(3)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
WASTE SPECIFIC PROHIBITIONS - CALIFORNIA LIST WASTES
prohibitions effective
July 8, 1987, except
in injection wells:
liquids having pH less
than or equal to 2.0
liquids containing
PCBs greater than or
equal to 50 ppm
liquids containing
HOCs greater than or
equal to 1 ,000 mg/l
and less than 10,000
mg/l
39
39
39
39
268.32(a)
268.32(a)(1)
268.32(a)(2)
268.32(a)(3)
-
Page 85 of 133
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Printed 5/18/94
-------
OSWER DIRECTIVE NO. 9541.00-2
SPA 1
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd) =
FEDERAL REQUIREMENTS
reserved
reserved
268.32(a) and (e)
requirements do not
apply until specific
calendar dates:
July 8, 1989 for
contaminated soil or
debris not resulting
from a 1 04 or 1 06
CERCLA response or
a RCRA corrective
action; disposal
allowed between July
8, 1987, and July 8,
1989, in landfill or
surface impoundment
in compliance with
268.5(h)(2)
November 8, 1990
for contaminated soil
or debris resulting
from a CERCLA 104
or 1 06 response or a
RCRA corrective
action; disposal
between November
8, 1988, and
November 8, 1990,
permitted in landfill or
surface impoundment
in compliance with
268.5(h)(2)
land disposal
prohibitions effective
November 8, 1988:
CHECKLIST
REFERENCE
39
39
39,50
50
50
39,50
FEDERAL RCRA CITATION
268.32(b)
268.32(0
268.32(d)
268.32(d)(1)
A
268.32(d)(2)
268.32(e)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BRO)
IN S(
A
"
Page 86 of 133
DCLDR93J.14 - Ravmd: 10/13/i
Printed: 5/18/i
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
liquids containing
HOCs greater than or
equal to 1 ,000 mg/l
and not prohibited
under 268.32(a)(3)
nonliquid wastes
containing HOCs
greater than or equal
to 1 ,000 mg/kg and
not wastes described
in 268.32(d)
between July 8,
1987, and November
8, 1988,268.32(6)
(1) and (e)(2) wastes
may be disposed of in
a landfill or surface
impoundment if
disposal complies
with 268.5(h)(2)
requirements of
268.32(a>, (d) and (e)
do not apply under
certain conditions:
granted a 268.6
exemption
granted a 268.5
exemption
in compliance with
Subpart D standards,
or, where standard
not specified, with
RCRA 3004(d) or
268.32 prohibitions
CHECKLIST
REFERENCE
39
39,50
39,
50,66
39.50
39
39
39
FEDERAL RCRA CITATION
268.32{e)(1)
268.32(e)(2)
268.32(f)
268.32(g)
268.32(g){1)
268.32{g){2)
268.32(g)(3)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
j
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
50
Page 87 of 133
DCLDR93J.U
Rovwod: 10/13/93
Primed. 5/18/94
-------
OSWER DIRECTIVE NO. 9541.00-
SPA '
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
requirements of
268.32(a)(3), (d) and
(e) do not apply when
subject to Part 268,
Subpart C prohibition
1 method 9095
required
applicability of waste
analysis/
recordkeeping
requirements of
268.7:
initial generator must
use 261.22(a)(1)
procedures or
knowledge of pH; pH
less than or equal to
2.0 restriction
initial generator must
test for or have
knowledge of HOC or
PCB concentration
levels; restriction
above levels
CHECKLIST
REFERENCE
39,50
39
39
39
39
FEDERAL RCRA CITATION
268.32(h)
268.32(i)
268.32(j)
268.32(j)(1)
268.32(j)(2)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BRC
IN S
(
WASTE SPECIFIC PROHIBITIONS - FIRST THIRD WASTES
specific wastes
prohibited from land
disposal effective
August 8, 1988
50,66
268.33(a)
Page 88 of 133
DCLDR93J 14 - tovwd: 10/1
Printed. 5/1
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
land disposal
prohibition of K061
waste containing
15% or greater of
zinc pursuant to
268.41 treatment
standard for K061
containing less than
15% zinc
K071 prohibited from
land disposal
effective August 8,
1990
effective August 8,
1 990, land disposal
prohibition of wastes
specified in 268.10
having a treatment
standard in 268,
Subpart D based on
incineration and
which are
contaminated soil and
debris
between November
8, 1988, and August
8, 1990, landfill or
surface impoundment
disposal of wastes
included under 268(b)
& (c) permitted if unit
is in compliance with
268.5(h)(2)
requirements of
268(a)-(d) do not
apply if:
waste meets
applicable 268,
Subpart D standards
CHECKLIST
REFERENCE
50
50,83
50
50
50
50
FEDERAL RCRA CITATION
268.33(a)(1)
268.33(b)
268.33(c)
268.33(d)
268.33(e)
268.33(e)(1)
ANALOGOUS STATE
CITATION
•
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 89 of 133
DCLDR93J 14 - R»v
ion 3/93
Prattid 5.18/94
-------
OSWER DIRECTIVE NO. 9541.00-21
SPA 1<
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
t
FEDERAL REQUIREMENTS
granted an exemption
from prohibition for
wastes and units
under 268.6
granted ah extension
to an effective date
for wastes under
268.5
prohibition of landfill
or surface
impoundment
disposal of wastes
specified in 268.10
for which treatment
standards have not
been promulgated
(other than 268.32 or
RCRA 3004(d)
prohibitions) unless a
demonstration and
certification have
been submitted
for a waste listed in
268.10, initial
generator testing to
determine if 268.41
and 268.43
treatment standards
are exceeded;
prohibition from land
disposal if exceed
standards
CHECKLIST
REFERENCE
50
50
50,66
50,66
FEDERAL RCRA CITATION
268.33(e)(2)
268.33(e)(3)
268.33(f)
268.33(g)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROA
IN SC
|
"
WASTE SPECIFIC PROHIBITIONS - SECOND THIRD WASTES
effective June 8,
1989, prohibition
from land disposal of
specific 261.31,
261. 32 and 261.33
wastes
63
268.34(a)
'
I
Page 90 of 133
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-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Land Disposal Restrictions :
as of June 30, 1993 (cont'd) :
FEDERAL REQUIREMENTS
effective June 8,
1989, prohibition
from land disposal.
except underground
injection pursuant to
148.14(f) and
148.15(d), of certain
261.32 wastes
effective June 8,
1989, prohibition
from land disposal of
F006, F008, F009,
F011 and F012
effective July 8,
1989, F007
prohibited from land
disposal except
underground injection
pursuant to 148.14(f)
July 8, 1989, until
December 8, 1989,
F011 and F012 non-
wastewaters
prohibited from land
disposal pursuant to
268.41 and 268.43
treatment standards
for F007, F008 and
F009 non-
wastewaters;
effective December
8, 1989, F011 and
F012 prohibited from
land disposal
pursuant to 268.41
and 268.43
treatment standards
for F011 and F012
nonwastewaters
CHECKLIST
REFERENCE
63
63
63
63
FEDERAL RCRA CITATION
268.34(b)
268.34(c)
268.34(0(1)
268.34(c)(2)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 91 of 133
DCLDR93J.14 - Raviwd: 10/13/93
Printed: 5/18/94
-------
OSWER DIRECTIVE NO. 9541.00-2(
SPA 1'
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
effective June 8,
1991, wastes
specified in 268.34
with Part 268,
Subpart D treatment
standard based on
incineration, and
which are
contaminated soil and
debris, are prohibited
from land disposal
requirements for
landfill or surface
impoundment
disposal of wastes
included in 268.34(c)
and (d) between June
8, 1989, and June 8,
1991; applies to
F007, F008, F009,
F011^and F012 only
between June 8,
1989, and July 8,
1989
requirements of
268.34(a)-(d) do not
apply if:
meet applicable 268
Subpart D standards
granted an exemption
pursuant to a 268.6
petition for the
wastes and units
covered by the
petition
CHECKLIST
REFERENCE
63
63
63
63
63
FEDERAL RCRA CITATION
268.34(d)
268.34(e)
268.34(f)
268.34(f)(1)
268.34{f)(2)
ANALOGOUS STATE
CITATION
STATE ANALOG IS-
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROA
IN SO
I
\
Page 92 of 133
DCLDR93J 14 - H*v
10/13/93
Pnra«d 5/18/94
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
268.34(a), (b) and (c)
do not apply if
granted extension
under 268.5 for
wastes covered by
extension
between June 8,
1989, and May 8,
1990, prohibition
from land disposal in
landfills or surface
impoundments of
268.11 wastes for
which Subpart D
treatment standards
are not applicable.
including California
list wastes subject to
prohibitions under
RCRA 3004(d) or
268.32; exceptions
under 268.8
initial generator
testing to determine
if a 268.10, 268.11
and 268.12 waste
exceeds applicable
268.41 and 268.43
treatment standards;
land disposal
prohibited and all 268
requirements apply if
constituents exceed
Part 268, Subpart D
level
CHECKLIST
REFERENCE
63
63
63
FEDERAL RCRA CITATION
268.34(g)
268.34(h)
268.34(1)
ANALOGOUS STATE
CITATION
.
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
•
BROADER
IN SCOPE
Page 93 of 133
DCLDR93J.U - rtevmd: 1O/13/93
Printed: 5/18/94
-------
OSWER DIRECTIVE NO.
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
9541.00-2
SPA 1
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BRCW
INSC
WASTE SPECIFIC PROHIBITIONS - THIRD THIRD WASTES
effective August 8,
1990, prohibition
from land disposal of
certain wastes
specified in 261.31,
261.32, 261.33(e)
and 261.33(f) as
listed in 268.35(a)
effective November
8, 1990, prohibition
from land disposal of
certain wastes
specified in 261.32
effective May 8,
1 992, prohibition
from land disposal of
certain wastes
specified in 261.31,
261.32, 261.33(e)
and 261.33(f);
certain characteristic
wastes; and RCRA
hazardous wastes
containing naturally
occurring radioactive
materials
effective May 8,
1992,268.10,
268.11 and 268.12
mixed
radioactive/hazardous
wastes are prohibited
from land disposal
78,83
78
78,83,
106,116
78,83,
116
268.35(a)
268.35(b)
268.35(c)
268.35(d)
;
J
\
Page 94 of 133
J
DCLDR93J.14 - RaviMd: 10/13/J
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-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
subject to applicable
prohibitions in
§§ 268.30, 268.31
and 268.32,
contaminated soil and
debris are prohibited
from land disposal as
follows:
effective May 8,
1 994, prohibition
from land disposal of
debris contaminated
with 268.12 wastes
and debris
contaminated with
any characteristic
waste having Subpart
D, Part 268
treatment standards
effective May 8,
1 994, mixed
radioactive hazardous
debris contaminated
with 268.12 wastes
and mixed radioactive
hazardous debris
contaminated with
any characteristic
waste for which
Subpart D treatment
standards are
established are
prohibited from land
disposal
CHECKLIST
REFERENCE
116
78,83,
103,
116,123
123
FEDERAL RCRA CITATION
268.35(e)
268.35(e)(1)
268.35(e)(2)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
51
52
Page 95 of 133
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Pnmcd 5/18/94
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OSWER DIRECTIVE NO. 9541.00-2
SPA 1
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
268.35(e)(1)&(2) do
not apply where
generator has failed
to make good-faith
effort to locate
suitable treatment
capacity, has not
utilized such capacity
as it has found to be
available, or has
failed to file a report
under 268. 5(g), by
August 1 2, 1 993 or
within 90 days after
hazardous waste is
generated, describing
generator's efforts to
locate treatment
capacity; where
268.35(e)(1)&(2) do
not apply, all wastes
described in
268.35(e)(1)&(2) are
prohibited from land
disposal effective
May 8, 1993
CHECKLIST
REFERENCE
123
FEDERAL RCRA CITATION
268.35(e)(3)
ANALOGOUS STATE
CITATION
•
r- 1
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROl
IN SC
(
!
Page 96 of 133
DCLDR93J.14 - ReviMd: 10/13J
Printed 5/18,
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
52 effective May 8,
1 993, hazardous soil
contaminated with
wastes specified in
this section having
treatment standards
in 268 Subpart D
based on incineration,
mercury retorting or
vitrification, and soils
contaminated with
hazardous wastes
listed in 40 CFR
268.10, 268.11 and
268.12 that are
mixed radioactive
hazardous wastes are
prohibited from land
disposal
when used in
268.35(e)(1)&(2),
debris defined as:
as defined in
268.2(g)
CHECKLIST
REFERENCE
116,123
123
123
FEDERAL RCRA CITATION
268.35(e)(4)
268.35(e)(5)
268.35(e)(5)(i)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 97 of 133
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Printed: 5/18/94
-------
OSWER DIRECTIVE NO. 9541.00-;
SPA 1
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
nonfriable inorganic
solids that are
incapable of passing
through a 9.5 mm
standard sieve that
require cutting, or
crushing and grinding
in mechanical sizing
equipment prior to
stabilization, limited
to the inorganic or
metal materials
specified in
268.35(e)(5){ii)(A)-(H)
between May 8,
1990, and August 8,
1 990, wastes
included in paragraph
268.35(a) may be
disposed of in a
landfill or surface
impoundment only if
such unit is in
compliance with
268.5(h)(2)
CHECKLIST
REFERENCE
123
78
FEDERAL RCRA CITATION
268.35(e)(5)(ii)
268.35(e)(5)(ii)
(A)
268.35(e)(5)(ii)
(B)
268.35(e)(5)(ii)
(C)
268.35(e)(5)(ii)
(D)
268.35(e)(5)(ii)(E)
268.35(e)(5)(ii)(F)
268.35(e)(5)(ii)
(G)
268.35(e)(5)(ii)
(H)
268.35(f)
ANALOGOUS STATE
CITATION
— — 1
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BRG
IN S
<
Page 98 of 133
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Printed 5/1!
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
between May 8,
1 990, and November
8, 1990, wastes
included in paragraph
268.35{b) may be
disposed of in a
landfill or surface
impoundment only if
such unit is in
compliance with
268.5(h)(2>
between May 8,
1990, and May 8.
1992, wastes
included in
paragraphs
268.35(c), (d) and (e)
may be disposed of in
a landfill or surface
impoundment only if
such unit is in
compliance with
268.5(h)(2)
conditions under
which requirements
of paragraphs
268.35(a), (b), (c).
(d) and (e) do not
apply:
wastes meet
applicable Part 268,
Subpart D standards
persons granted
exemption under
268.6
wastes meet
applicable alternate
standards under
268.44
CHECKLIST
REFERENCE
78
78
78
78
78
78
FEDERAL RCRA CITATION
268.35(g)
268.35(h)
268.35(i)
268.35(i)(1)
268.35(0(2)
268.35(i)(3)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
•
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 99 of 133
OCLDR93J.14 - RvvMd 10/13/93
Prmwd: 5/18/94
-------
OSWER DIRECTIVE NO. 9541.00-2
SPA 1<
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
persons granted
extension to the
effective date of a
prohibition under
268.5
initial generator
testing to determine
if a268.10, 268.11
and 268.12 waste
exceeds applicable
268.41 and 268.43
treatment standards;
land disposal
prohibited and all 268
requirements apply if
constituents exceed
Part 268, Subpart D
levels
CHECKLIST
REFERENCE
78
78
FEDERAL RCRA CITATION
268.35(0(4)
268.35(j)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
.
BRO«
INSC
t
\
Page 100 of 133
'137
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-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
effective May 8,
1993, prohibition
from land disposal of
D008 lead materials
stored before
secondary smelting;
submission of binding
contractual
commitment,
documentation and
detailed schedule for
specified
construction, and
providing specified
capacity, by March 1 ,
1 993; D008
prohibited from land
disposal by failure to
submit
documentation;
placed in facility
record by July 27,
1 992, documentation
demonstrating that
such management
capacity will be
adequate and
complies with all
applicable Subtitle C
requirements
CHECKLIST
REFERENCE
106
FEDERAL RCRA CITATION
268.35{k)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
*
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 101 of 133
DCLDR93J.14 - Ravixd: 10/13/93
Pnnttd. 5/18/94
-------
OSWER DIRECTIVE NO. 9541.00-2
SPA 1
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
,
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BRO;
IN S(
WASTE SPECIFIC PROHIBITIONS - NEWLY LISTED WASTES
effective November
9, 1992, K107,
K108, K109, K110,
K111,K112, K117,
K118, K123, K124,
K125, K126, K131,
K132, K136, U328,
U353 and U359
prohibited from land
disposal
effective June 30,
1993, F037 and
F038 not generated
from surface
impoundment
cleanouts or closures
are prohibited from
land disposal
effective June 30,
1 994, F037 and
F038 generated from
surface impoundment
cleanout or closures
are prohibited from
land disposal
effective June 30,
1994, radioactive
wastes mixed with
specified wastes are
prohibited from land
disposal
109
109
109
109
268.36O)
268.36(b)
268.36(c)
268.36(d)
(
Page 102 of 133
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Pnritcd 5/18/
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OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
effective June 30,
1 994, debris
contaminated with
specified wastes and
not contaminated
with other prohibited
waste are prohibited
from land disposal
under what
circumstances
268.36(b) wastes
may be disposed in a
landfill or generated
and disposed in a
surface impoundment
under what
circumstances
268.36(d) and (e)
wastes may be
disposed in a landfill
or generated and
disposed in a surface
impoundment
under what
circumstances
268.36 (a)-(e) do not
apply
CHECKLIST
REFERENCE
109
109
109
109
FEDERAL RCRA CITATION
268.36(e)
268.36(f)
268.36(g)
268.36(h)
268.36(h)(1)
268.36(h)(2)
268.36(h)(3)
268.36(h)(4)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 103 of 133
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Hmi*d 5/18/94
-------
OSWER DIRECTIVE NO. 9541.00-J
SPA 1
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
how to determine
whether a 268.36
waste exceeds a
268.41 or 268.43
treatment standard;
waste prohibited and
all Part 268
requirements apply if
constituents in
excess of applicable
levels
CHECKLIST
REFERENCE
109
FEDERAL RCRA CITATION
268.36(i)
ANALOGOUS STATE
CITATION
. <
STATE ANALOG IS.
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BRO.
IN Si
WASTE SPECIFIC PROHIBITIONS-IGNITABLE AND CORROSIVE CHARACTERISTIC WASTES
WHOSE TREATMENT STANDARDS WERE VACATED
effective August 9,
1 993, wastes
specified in 261.21
as D001 (and not in
the High TOC
Ignitable Liquids
subcategory) and in
261.22 as D002 that
are managed in
systems other than
those whose
discharge is regulated
under the CWA or
that inject in Class I
deep wells regulated
under the SDWA or
are zero dischargers
that engage in CWA-
equivalent treatment
before ultimate land
disposal, are
prohibited from land
disposal; CWA-
equivalent treatment
defined
124
268.37(a)
•
I
Page 104 of 133
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-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
effective February
1 0, 1 994, wastes
specified in 261.21
as D001 (and not in
the High TOC
Ignitable Liquids
subcategory) and in
261. 22 as D002 that
are managed in
systems defined in
40CFR 144.6(e)and
146.6(e) as Class V
injection wells that do
not engage in CWA-
equivalent treatment
before injection are
prohibited from land
disposal
CHECKLIST
REFERENCE
124
FEDERAL RCRA CITATION
268.37(b)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
SUBPART D - TREATMENT STANDARDS
APPLICABILITY OF TREATMENT STANDARDS
restricted waste
under 268.41 may be
land disposed if
extract of waste or
treatment residue.
developed using 261
Appendix II methods.
does not exceed
268.41 Table CCWE
values; exceptions;
specific wastes may
be land disposed if
extract or treatment
residue developed as
specified does not
exceed Table CCWE
values for any
hazardous constituent
in Table CCWE for
waste
34,
t39,50,
78,83
268.40(a)
Page 105 of 133
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-------
OSWER DIRECTIVE NO. 9541.00-2
SPA 1
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
restricted waste with
a 268.42 treatment
technology, or
hazardous debris with
268.45 treatment
technology, may be
land disposed if
specified technology
or an Administrator-
approved method is
used; for wastes
displaying
characteristic of
ignitability and
reactivity that are
diluted to meet
deactivation
treatment standard in
268.42(a) Tables 1 &
2, the treater must
comply with
precautionary
measures specified in
264.17(b) and
265.17(b)
except as specified in
268.43(c), restricted
waste identified in
268.43 may be land
disposed only if Table
CCW constituent
concentration values
are not exceeded
CHECKLIST
REFERENCE
39,109,
124
50,78
FEDERAL RCRA CITATION
268.40(b)
268.40(c)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BRO,
IN SI
J
"
Page 106 of 133
DCLDR93J.U
Revmd: 10/13/
Printed: 5/184
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
if 268.41 through
268.48 treatment
standard established
and waste is a
hazardous debris,
then waste subject to
those standards
rather than the
268.45 hazardous
debris standards
CHECKLIST
REFERENCE
109
FEDERAL RCRA CITATION
268.40(d)
ANALOGOUS STATE
CITATION
STATE ANALOG IS
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
TREATMENT STANDARDS EXPRESSED AS CONCENTRATIONS IN WASTE EXTRACT
treatment standards;
explanation of Table
CCWE
Constituent
Concentrations in
Waste Extract
treatment standards
for common
constituents in
combined wastes;
mixtures of high and
low zinc
nonwaste water K061
subject to treatment
standard for high zinc
K061
treatment standards
for constituents in
F001-F005 listed in
Table CCWE
34,50,
63,78,
102,109
34,
50,63,
78,83,
95,109,
124
34,95
109
268.41(a)
268.41 (a)/Table
CCWE
268.41(b)
268.41 (c)
•
53
Page 107 of 133
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Ravwad 10/13/93
Printed 5/18/94
-------
OSWER DIRECTIVE NO. 9541.00-2
SPA 1
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
|
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BRO,
IN SI
TREATMENT STANDARDS EXPRESSED AS SPECIFIED TECHNOLOGIES
treatment of wastes
identified in
268.42(a)(1)&(2) and
Tables 2 and 3 with
technology(ies)
specified in 268.42(a)
(1)&(2) and in Table
1 of 268.42
standard for
incineration of liquid
hazardous wastes
containing PCBs
standard for
incineration of certain
• nonliquid hazardous
wastes containing
HOCs; where
standards do not
apply
54 mixture of
wastewater
(discharge of which is
subject to Clean
Water Act) and de
minimi's losses of
materials that meet
the criteria of D001
ignitable liquids with
greater than 10%
TOC is subject to
Table 1 DEACT
treatment standard;
de minimis defined
55 removed
34,78
39
39,50,
78,83
63,
78,83
63,78
268.42(a)
268.42(a)(1)
268.42(a)(2)
268.42(a)(3)
268.42(a)(4)
-
•
.
|
>
Page 108 of 133
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OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
Technology Codes
and Description of
Technology-Based
Standards
Technology-Based
Standards by RCRA
Waste Code
Technology-Based
Standards for
Specific Radioactive
Hazardous Mixed
Waste
CHECKLIST
REFERENCE
78,83
78,83,
95,102,
109,124
78,83
FEDERAL RCRA CITATION
268.42(a)/
Table 1
268.42(a)/
Table 2
268.42(a)/
Table 3
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 109 of 133
DCLDR93J.U-RaviMd 10/13/93
Printed 5/18/94
-------
OSWER DIRECTIVE NO. 9541.00-21
SPA 1<
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROA
IN SC
***********************************************************«*****««***4
Guidance note: 268.42(b) is NOT DELEGABLE. States should see Note 3 at the beginning of tl
checklist regarding how to incorporate this section into their code.
submit application to
Administrator
demonstrating
alternate treatment
can achieve
268.42O), (c), & (d)
performance
specifications for
wastes or 268.45
Table 1 specifications
for hazardous debris;
information
demonstrating
compliance with
Federal, State and
local requirements;
criteria for approval
by Administrator;
approval in writing
containing provisions
and conditions as the
Administrator deems
appropriate;
compliance by person
to whom approval is
issued
34,39,
78,109
268.42(b)
****«**«*******«*****«*******»****«**»*«*******«******************«**«4
*******************************«*****«******«****»********************4
Alternate Treatment Standards for Lab Packs
conditions for
eligibility of lab packs
for land disposal:
78
268.42(c)
Page 110 of 133
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SPA 14
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
compliance of lab
packs with applicable
provisions of
264.31 6 and
265.316
Part 268 Appendix IV
and Appendix V
hazardous wastes
contained in lab
packs
incineration of lab
packs in accordance
with Part 264,
Subpart O and Part
265, Subpart O
requirements
treatment standards
for incinerator
residues from lab
packs containing
D004, D005, D006,
D007, D008, D0 10
and DO 11
CHECKLIST
REFERENCE
78
78
78
78
FEDERAL RCRA CITATION
268.42{cHD
268.42(c)(2)
268.42(c)(3)
268.42(c)(4)
ANALOGOUS STATE
CITATION
•
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 111 of 133
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-------
OSWER DIRECTIVE NO. 9541.00-2
SPA 1-
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS.
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROA
IN SC
56
radioactive hazardous
mixed wastes with
268.42 Table 3
treatment standards
not subject to 268.41
or 268.42 Table 2 or
268.43 treatment
standards; radioactive
hazardous mixed
wastes not subject to
Table 3 treatment
standards remain
subject to 268.41,
268.43 and Table 2
treatment standards;
hazardous debris
containing radioactive
waste subject to
268.45 treatment
standards
78,109
-
268.42(d)
,
'
TREATMENT STANDARDS EXPRESSED AS WASTE CONCENTRATIONS
introductory
paragraph for Table
CCW explaining table
Constituent
Concentrations in
Wastes; no land
disposal for specified
K wastes
meet lowest
constituent treatment
standard when
mixing wastes with
differing treatment
standards for a
constituent of
concern
34,50,
63,78
50,62,
63,78,
83,109,
124
50,63
268.43(a)
268.43(a)/Table
CCW
268.43(b)
57
58
Page 112 of 133
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SPA 14
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
conditions for
demonstrating
compliance with
treatment standards
for organic
constituents
provided:
treatment standards
for organic
constituents
established based on
incineration in units
operated in
accordance with
Subpart O
requirements of Part
264 or Part 265 or
based on combustion
in fuel substitution
units in accordance
with applicable
technical
requirements
organic constituents
treated using
paragraph 268.43(c)
(1) methods
good-faith efforts fail
to detect the organic
constituents; when
such efforts must be
demonstrated
CHECKLIST
REFERENCE
-
78,83
78,83
78,83
78,83
FEDERAL RCRA CITATION
268.43(c)
268.43(c)(1)
268.43(c)(2)
268.43(0(3)
ANALOGOUS STATE
CITATION
STATE ANALOG IS.
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 113 of 133
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-------
OSWER DIRECTIVE NO. 9541.00-:
SPA 1
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
-! (
STATE ANALOG IS'
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BRO
INS
Guidance note: 268.44 is NOT DELEGABLE. States should see Note 3 at the beginning of this
checklist regarding how to incorporate this section into their code.
59 VARIANCE FROM A TREATMENT STANDARD
conditions for
variance; petition
Administrator; what
must be
demonstrated
procedures in
accordance with
260.20
statement signed by
petitioner or
authorized
representative
additional information
or samples may be
requested by
Administrator;
additional copies for
affected States and
region
Administrator gives
public notification in
Federal Register: final
decision in Federal
Register
268.7 waste analysis
requirements must be
followed for wastes
covered by variance
requirements during
petition review
34
34
34
34
34
34
34
268.44(a)
268.44(b)
268.44(c)
268.44(d)
268.44(e)
268.44(f)
268.44(g)
e
|
Page 114 of 133
DCLDR93J 14
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OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
apply to
Administrator or
delegated
representative for
site-specific variance
from a treatment
standard if specified
conditions are
appropriate; what
applicant must
demonstrate
260.20(bM1)-{4)
information must be
included
Assistant
Administrator or
delegated
representative may
request additional
information
if site-specific
treatment standard
variance then
compliance with
268.7 waste analysis
requirements
during application
review process,
compliance with land
disposal restrictions
once effective date
for waste reached
CHECKLIST
REFERENCE
50,66
50
50
50
50
FEDERAL RCRA CITATION
268.44(h)
268.44(i)
268.44(j)
268.44(k)
268.44(1)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
*************************************************************************
Page 115 of 133
DCLDR93J.14 - ReviMd: 10/13/93
Printed: 5/18/94
-------
OSWER DIRECTIVE NO. 9541.00-2
SPA 1
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
I
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BKOt
INSC
TREATMENT STANDARDS FOR HAZARDOUS DEBRIS
treatment of
hazardous debris prior
to land disposal as
specified unless EPA
determines under
261. 3(e)(2) that
debris is no longer
contaminated with
hazardous waste
general; treatment for
each 268.45(b)
contaminant subject
to treatment in
accordance with
268.45, Table 1
characteristic debris;
deactivation as
specified in 268.45,
Table 1
mixtures of debris
types; standards for
each debris type
must be achieved; if
applicable,
immobilization must
be used last
mixtures of
268.45(b)
contaminant types;
268.45, Table 1
treatment for each
contaminant must be
used; if applicable,
immobilization must
be used last
109
109
109
109
109
268.45(a)
268.45(a)(1)
268.45(a)(2)
268.45(a)(3)
268.45(a)(4)
I
Page 116 of 133
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OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd) :
FEDERAL REQUIREMENTS
waste PCBs;
hazardous debris
subject to both 40
CFR 761 and 268.45
must meet more
stringent
requirements
hazardous debris
treated for each
"contaminant subject
to treatment,"
determined as
follows:
toxicity characteristic
debris; those EP
constituents for
which debris exhibits
a toxicity
characteristic
debris contaminated
with listed waste;
constituents for
which BOAT
standards are
established for
wastes under 268.41
and 268.43
cyanide reactive
debris; reactive
because of cyanide
must be treated for
cyanide
CHECKLIST
REFERENCE
109
109
109
109
109
FEDERAL RCRA CITATION
268.45(a)(5)
268.45(b)
268.45(b)(1)
268.45(b)(2)
268.45(b)(3)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
•
BROADER
IN SCOPE
Page 117 of 133
DCLOR93J.14 - R«viMd 10/13/93
Printed 5/18/94
-------
OSWER DIRECTIVE NO. 9541.00-2
SPA 1
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
when hazardous
debris that has been
treated is not
considered a
hazardous waste;
hazardous debris
contaminated with a
listed waste that is
treated by a Table 1
immobilization
technology must be
managed in a Subtitle
C facility
general requirements
for treatment
residues:
separate residue from
debris by simple
physical or
mechanical means;
residue is subject to
268 Subpart D
waste-specific
treatment standards
residue from nontoxic
debris, as specified.
must be deactivated;
not subject to 268
Subpart D waste-
specific treatment
standards
residue from cyanide-
reactive debris must
meet 268.43, D003
standards
CHECKLIST
REFERENCE
109
109
109
109
109
109
FEDERAL RCRA CITATION
268.45(c)
268.45{d)(1)
268.45(d)(1)(i)
268.45(d)(1)(ii)
268.45(d)(2)
268.45(d)(3)
ANALOGOUS STATE
CITATION
,
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROl
IN SC
(
•
Page 118 of 133
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Printed: 5/18/9
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
ignitable
nonwastewater
residue, as specified,
must meet
technology-based
"D001 Ignitable
Liquids" standard
layers of debris
removed by spading
remain subject to
268.45 treatment
standards
alternative treatment
standards for
hazardous debris
CHECKLIST
REFERENCE
109
109
109
FEDERAL RCRA CITATION
268.45(d)(4)
268.45(d)(5)
268.45/Table 1
ANALOGOUS STATE
CITATION
•
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
<
MORE
STRIN-
GENT
BROADER
IN SCOPE
ALTERNATIVE TREATMENT STANDARDS BASED ON HTMR
Table 1 identifies
alternative treatment
standards for F006
and K062
nonwastewaters
alternative treatment
standards as shown
at 57 FR 37281
109
109
268.46
268.46/Table 1
SUBPART E - PROHIBITIONS ON STORAGE
PROHIBITIONS ON STORAGE OF RESTRICTED WASTES
9 except as provided in
268.50, storage of
wastes restricted
from land disposal is
prohibited unless
certain conditions are
met:
9 on-site storage
exemption for
generator
34,39
34,109
268.50(a)
268.50(a)(1)
Page 119 of 133
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OSWER DIRECTIVE NO. 9541.00-;
SPA 1
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
9 treatment, storage,
and disposal facility
exemption
9 container labeling
9 tank labeling
9 transporter exemption
storage up to one
year
storage longer than
one year
9 268.50(a) prohibition
does not apply if
waste is exempt from
a prohibition on the
type of land disposal
utilized for the waste
no prohibition where
treatment standards
are not specified or
are met, or
compliance with
268.32 or RCRA
3004 exists
requirements for
storage of liquid
hazardous wastes
containing PCBs at
concentrations
greater than or equal
to 50 ppm
CHECKLIST
REFERENCE
34,109
34
34
34
34
34
34,
50,66
34,t39
39
FEDERAL RCRA CITATION
268.50(a)(2)
268.50(a)(2)(i)
268.50(a)(2)(ii)
268.50(a)(3)
268.50(b)
268.50(c)
268.50(d)
268.50(e)
268.50(f)
ANALOGOUS! STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BRC
IN S
(
APPENDIX I TO PART 268
TOXICITY CHARACTERISTIC LEACHING PROCEDURE (TCLP)
9,60 TCLP is published in
Appendix II of Part
261
34,74
Appendix I
-A
Page 120 of 133
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-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
APPENDIX II TO PART 268
TREATMENT STANDARDS (AS CONCENTRATIONS IN THE TREATMENT RESIDUAL EXTRACT)
61 F001-F005 spent
solvent waste
treatment standards
appear in 268.41,
268.42 and 268.43
34,109
Appendix II
APPENDIX III TO PART 268
LIST OF HALOGENATED ORGANIC COMPOUNDS REGULATED UNDER 268.32
HOC definition and
list of HOCs regulated
under 268.32
39
Appendix III
APPENDIX IV TO PART 268
t,11 ORGANOMETALLIC LAB PACKS
list of hazardous
wastes that may be
placed in
"organometallic" or
"Appendix IV lab
packs"
78,83
Appendix IV
APPENDIX V TO PART 268
t,1 1 ORGANIC LAB PACKS
list of hazardous
wastes that may be
placed in "organic" or
"Appendix V lab
packs"
78,83
Appendix V
Page 121 of 133
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OSWER DIRECTIVE NO. 9541.00-J
SPA 1
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BRO
IN S
APPENDIX VI TO PART 268
RECOMMENDED TECHNOLOGIES TO ACHIEVE DEACTIVATION OF CHARACTERISTICS IN
SECTION 268.42
list of technologies
which achieve the
standard of
"deactivation to
remove
characteristics of
ignitability.
corrosivity, and
reactivity"; use of
specified technologies
not mandatory;
alternative methods
not performed in land
disposal units
78
Appendix VI
\
APPENDIX VII TO PART 268 (
EFFECTIVE DATES OF SURFACE DISPOSED WASTES REGULATED IN THE LDRs
comprehensive list of
wastes and effective
dates
78,83
Appendix VII
APPENDIX VIII TO PART 268
NATIONAL CAPACITY LDR VARIANCES FOR UIC WASTES
comprehensive list of
national capacity LDR
variances for UIC
wastes
78,83
Appendix VIII
Page 122 of 133
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OSWER DIRECTIVE NO. 9541.00-2O
SPA 14
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
APPENDIX IX TO PART 268
EXTRACTION PROCEDURE (EP) TOXICITY TEST METHOD AND STRUCTURAL INTEGRITY TEST
(SW-846, METHOD 1310A)
interim method to
determine whether a
waste exhibits the
characteristic of EP
Toxicity
83
Appendix IX
PART 270 - EPA ADMINISTERED PERMIT PROGRAMS:
THE HAZARDOUS WASTE PERMIT PROGRAM
SUBPART B - PERMIT APPLICATION
CONTENTS OF PART A OF THE PERMIT APPLICATION
add new paragraph
regarding hazardous
debris; description of
debris category(ies)
and contaminant
category(ies) to be
treated, stored or
disposed of at facility
109
270.13(n)
CONTENTS OF PART B: GENERAL REQUIREMENTS
insert "and hazardous
debris" after
"hazardous waste";
insert "of this
chapter" after "part
264"
add new paragraph;
copy of notice of
approval of petition
or extension
109
34
270.14(b)(2)
270.14(b)(21)
t
Page 123 of 133
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OSWER DIRECTIVE NO. 9541.00-:
SPA 1
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS; STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BRC
IN S
SUBPART C - PERMIT CONDITIONS
ESTABLISHING PERMIT CONDITIONS
insert "through 268";
remove "267"
34
270.32(b)(1)
SUBPART D - CHANGES TO PERMIT
62 PERMIT MODIFICATIONS AT THE REQUEST OF THE PERMITTEE
replace "of restricted
wastes" with ", or in
containment
buildings"
add new paragraph
and subparagraphs;
conditions for treating
nonspecified waste
prohibited from one
or more land disposal
methods under Part
268, Subpart C or
RCRA Section 3004
treatment in
accordance with
268.4 and 268.3
and:
treatment in
accordance with
268.41, 268.42 or
268.44; or
no standards exist
and treatment
removes prohibitions
of 268.32 or RCRA
3004
no increased or
substantially different
risks
109
34
34,t39
34,t39
T39
t39
34
270.42(e)(3)(ii)
(B)
270.42(0)
270.42(o)(1)
270.42(o)(2)
270.42(o)(2)(i)
270.42(o)(2Hii)
270.42(o)(3)
•
{
t
Page 124 of 133
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Pn*M) 5/18
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
Federal/State
approval; allowable
modifications
add new paragraph
and subparagraphs;
allow facilities to
change operation to
treat or store if:
major permit
modification is
requested;
demonstrates
necessity to comply
with 268 or RCRA
3004; and
ensures compliance
pending
administrative
determination
CHECKLIST
REFERENCE
34
t39
t39
t39
t39
FEDERAL RCRA CITATION
270.42(o)(4)
270.42(p)
270.42(p)(1)
270.42(p)(2)
270.42(p)(3)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
APPENDIX I TO SECTION 270.42
63 CLASSIFICATION OF PERMIT MODIFICATION
64, redesignate old
65 B(1)(b) asB(1)(c);
add new item
involving F039 under
"General Facility
Standards"; add a
footnote symbol to
the Class 1
designation at B(1)
(b); remove second
occurrence of B(1)(b)
78,83,
124
270.42 Appendix
I, B(1)(b)
»
<
-
Page 125 of 133
DCLDR93J.14 - ReviMd: 10/13/93
Printed: 5/18/94
-------
OSWER DIRECTIVE NO. 9541.00-2
SPA 1
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
redesignate old
B(1)(c) asB(1)(d), old
B(V % becomes
B(" • add new item
inv: ,-tng underlying
hazardous
constituents under
"General Facility
Standards"
old B(1)(c) becomes
B(1)(d)
add entry 6 to
section I
add new section M
CHECKLIST
REFERENCE
78,124
124
109
109
FEDERAL RCRA CITATION
270.42 Appendix
I, B(1)(c)
270.42 Appendix
I. B(1)(d)
270.42 Appendix
I, K6)
270.42 Appendix
I, M
ANALOGOUS STATE
CITATION
1
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BRO
IN S
SUBPART G - INTERIM STATUS
CHANGES DURING INTERIM STATUS
remove "or" before
"containers" and
insert "or
containment
buildings" after
"containers"; in two
places, insert "of this
chapter" after "Part
268"
67 no reconstruction;
changes do not
include tank/container
changes to comply
with land disposal
restrictions
109
39
270.72(b)(6)
270.72(e)
1 See the amendment to the rule addressed by Revision Checklist 39 at 52 FR 41295 (Octobe
27, 1987), included on Revision Checklist 39.
Page 126 of 133
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SPA 14
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
2 Paragraph 260.11 (a) is also affected by Revision Checklist 67 (54 FR 40260, September 29,
1989) and Revision Checklist 73 (55 FR 8948, March 9, 1990).
^ The original 261.3(c)(ii)(C) was introduced by Revision Checklist 95. Revision Checklist 109
split the paragraph into two subparagraphs, (C)(/)&(2), and completely revised the text.
4 Paragraph 261.5(f)(2) is also affected by Revision Checklist 47 (53 FR 27162, July 19,
1988).
5 Note that the "TC Rule," Revision Checklist 74 (55 FR 11798, March 29, 1990), has also
made changes to 261.24{b).
6 Paragraph 261.33{c) is also affected by Revision Checklist 41 (52 FR 26012, July 10, 1987).
7 This revision fixes an error in the July 1, 1991 CFR which makes it appear that there are two
paragraphs designated as 262.34(a)(2) (see the editorial note in the CFR). Revision Checklist
82 originally inserted the first 262.34(a)(2), 262.34(a)(2)(i), and 262.34(a)(2)(ii) and
redesignated the old 262.34(a)(2)-(4) as 262.34(a)(3)-(5). However, Revision Checklist 92
redesignated 262.34(a)(3) as 262.34(a)(2), effectively removing the first 262.34(a)(2) and
incorporating these requirements into 262.34(a)(1) at 262.34(a)(1)(iii) and (iii)(A)&(B). It was
not the Agency's intent to include these requirements both at 262.34(a)(1)(iii)(A)&(B) and at
262.34(a)(2) as is indicated in the July 1, 1991 CFR. The first 262.34(a)(2) in that CFR
should not be in the code. Revision Checklist 92 also redesignated 262.34(a)(3)-(5) as
262.34(a)(2)-(4), i.e., returned these subparagraphs to their original numbering prior to the
redesignation by Revision Checklist 82. The revision, which is part of Revision Checklist 109,
removes the first 262.34(a)(2), returning the code to what was intended by Revision Checklist
92.
8 Note that the final rule for Revision Checklist 39 (52 FR 25787) gives Subpart E, 262.51 as
the citation for the section titled "Farmers." This is not correct as the August 8, 1986 (51 FR
28664, Revision Checklist 31) final rule regarding exports changed this section and moved it
to Subpart G, 262.70. This error in the final rule was detected when Revision Checklist 39
was developed, and the proper citation (262.70) was used on that checklist. This error was
ultimately corrected at 53 FR 27164 (July 19, 1988; Revision Checklist 48).
9 See the technical correction to the rule addressed by Revision Checklist 34 at 52 FR 21010
(June 4, 1987, included on Revision Checklist 34).
10 Subparagraphs 264.13(a)(1) and 265.13(a)(1) are also affected by Revision Checklist 64 (54
FR 33376, August 14, 1989).
11 This code is part of the optional requirements for the alternate treatment standards for lab
packs under the Third Third Scheduled Waste Rule. If adopted, all of the requirements (i.e.,
264.316(f), 265.316(f), 268.7(a)(8), 268.7(a)(9), 268.42(c), 268.42(c)(1)-(4), and
Appendices IV and V to Part 268) related to these alternate treatment standards must be
adopted.
-. . --. ,..,,„ DCLDR93J.14 - ffevmd. 10/13/93
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OSWER DIRECTIVE NO. 9541.00-2
SPA 1
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
12 Revision Checklist 109 [57 FR 37194 (August 18, 1992)] added these subparts to Parts 264
and 265.
13 Note that there is an error in the Federal Register: the deadline for the written notice should b
February 18, 1993, rather than November 16, 1992 as it appears in the Federal Register, in
keeping with the effective date of these provisions, with the preamble to the rule at 57 FR
37215 (second full paragraph in the right-hand column), and with the similar provision under
14 Note that there is a typographical error in the Federal Register: "lead" should be "led."
15 Note that the Federal Register for this rule introduces an error into the second-to-last sentence
of this subparagraph by inserting an extraneous "with" between "§§" and "265.111."
1® Note, there is an error in the Federal Register article for this rule. The phrase "as needed to
permit" should read "as needed to prevent."
17 A new subparagraph was introduced into the code by Revision Checklist 78. The original
subparagraph 268.1(c)(3) was introduced by Revision Checklist 34, modified by Checklist 39,
then removed by Revision Checklist 50, with 268.1(c)(4) redesignated as (c)(3). The
redesignated subparagraph 268.1(c)(3) was subsequently removed by Revision Checklist 66.
18 Subparagraph 268.1(c)(4) originated in Revision Checklist 34,, was modified by Revision
Checklist 39, redesignated as 268.1(c)(3) while the original 268.1(c)(5) was redesignated asi
268.1(c)(4) by Revision Checklist 50, and finally removed by Revision Checklist 66.
19 Subparagraph 268.1(c)(5) originated in Revision Checklist 39 and was revised by Revision
Checklist 48. This text was redesignated as 268.1(c)(4), and new 268.1(c)(5) text was
introduced by Revision Checklist 50. This subparagraph was finally removed by Revision
Checklist 78.
20 There is a typographical error in the title of this section as printed in 58 FR 29860 (May 24,
1993; Revision Checklist 124); "scope/and" should be "scope and." States should retain the
correct title as it appears in the CFR.
21 These definitions were introduced into the code as part of 268.2(a) by Revision Checklist 34.
Revision Checklist 78 designated them as individual paragraphs 268.2(b) and (c). The text of
the old 268.2(b), introduced into the code by Revision Checklist 34, was deleted from the
section by Revision Checklist 78.
22 Paragraph 268.2(c) is also affected by Revision Checklist 121 (58 FR 8658; February 16,
1993).
23 This definition was introduced into the code as part of 268.2(a) by Revision Checklist 39.
Revision Checklist 78 designated it as an individual paragraph 268.2(e).
_ _ __ , „ __ DCLDR93J 14 - Ravwd: 10/13/9
Page 128 of 133 Pm*.* 5/19/9
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OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
24 Subparagraphs 268.2(g)(1) through (8) were introduced into the code by Revision Checklist
78, modified by Revision Checklist 83, and removed by Revision Checklist 109.
25 This subparagraph was originally 268.3 when it was added to the code by Revision Checklist
34. However, it was redesignated as 268.3(a) by Revision Checklist 78.
26 Revision Checklist 109 redesignated the old 268.5(h)(2)(v) as 268.5(h)(2)(vi) and added a new
268.5(h)(2){v).
27 268.6(c) was originally introduced by Revision Checklist 34. Revision Checklist 50
redesignated that 268.6(c) as 268.6(d) and inserted a new 268.6(c).
28 The original 268.6(d) was introduced by Revision Checklist 34. Revision Checklist 50
redesignated that paragraph as 268.6(g). That same checklist redesignated 268.6(c) as
268.6(d).
29 268.6(e) was introduced by Revision Checklist 34. Revision Checklist 50 redesignated that
268.6(e) as 268.6(h) and inserted a new 268.6(e).
30 268.6(f) was introduced by Revision Checklist 34. Revision Checklist 50 redesignated that
268.6(f) as 268.6(i) and inserted a new 268.6(f).
31 268.6(d)-(j) were originally introduced by Revision Checklist 34. Revision Checklist 50
redesignated these paragraphs as 268.6(g)-(m).
32 268.6(k) was originally introduced by Revision Checklist 39. Revision Checklist 50
redesignated it as 268.6(n).
33 There is a typographical error in 58 FR 29860 (May 24, 1993; Revision Checklist 124) which
revised 268.7(a)(1)(ii) & 268.7(b)(4)(ii); "reactive cyanides" should appear in italic type as it
does in the CFR.
34 Revision Checklist 109 redesignated the old 268.7(a)(1)(iv) as 268.7(a)(1)(v) and added a new
268.7(a)(1 )(iv). Note that there is a typographical error in the Federal Register rule for
Revision Checklist 109. The instructions preceding the change to 268.7 (on page 57 FR
37270) incorrectly say that 268.7(a)(1)(v) is added; however, the change shown is that a new
268.7(a)(1)(iv) is added, as described in this footnote.
35 Note that the rule addressed by Revision Checklist 78 (55 FR 22520) makes it appear as if
268.7(a)(3)(iii)-(v) were removed (see page 22687). This was an error and these
subparagraphs should remain in the code. Note that there is a typographical error in the
Federal Register article for Revision Checklist 109. The instructions preceding 268.7 (on page
57 FR 37270) incorrectly say 268.7(a)(3)(vi) is added. It is a new 268.7(a)(3)(v) which is
added and the old 268.7(a)(3)(v) is redesignated as 268.7(a)(3)(vi).
- . „« ,*~~ DCLDR93J.U - RaviMd: 10/13/93
Page 129 of 133 Pmn*.
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OSWER DIRECTIVE NO. 9541.00-:
SPA 1
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
36 Note that there is a typographical error in the Federal Register article for Revision Checklist
109; there should be a comma, not a semicolon, after the second occurrence of "containers"
in 268.7(a)(4).
37 Initially, subparagraphs 268.7(a)(4)(i)-{iv) were introduced into the code by Revision Checklis'
50. Revision Checklist 78 completely changed the text of (a)(4)(i)-(iii) and removed (a)(4)(iv).
38 This subparagraph was originally 268.7(a)(4) when it was added to the code by Revision
Checklist 34. However, it was redesignated as 268.7(a)(5) by Revision Checklist 50.
39 268.7(a){7) was originally 268.7(a)(6) on Revision Checklist 50. Revision Checklist 83
inserted a new 268.7(a)(6) and redesignated the old 268.7(a)(6) as 268.7(a)(7). Revision
Checklist 83 also redesignated 268.7(a)(7)-(a)(9) as 268.7(aK8)-(a)(10).
40 These subparagraphs were originally 268.7(b)(1) and 268.7(b)(1)(i)-(iv) when they were adde
to the code by Revision Checklist 34. However, they were redesignated as 268.7(b)(4) and
268.7(b)(4)(i)-(iv) by Revision Checklist 50.
41 These subparagraphs were originally 268.7(b)(2) and 268.7(b)(2)(i)-(ii) when they were addet
to the code by Revision Checklist 34. However, they were redesignated as 268.7(b)(5) and
268.7(b)(5)(i)-(ii) by Revision Checklist 50.
42 This paragraph was originally 268.7(b)(8) when it was entered into the code by Revision
Checklist 50, but it was redesignated as 268.7(b)(7) by Revision Checklist 78 because the ol
268.7(b)(7) and 268.7(b)(7)(i)-(iv) were removed by Revision Checklist 78. Revision Checklis
66 corrected 268.7(b)(8) before it was redesignated by Revision Checklist 78.
43 The notice, certification and test requirements currently found in Federal code at 268.7(c)(1)
and (c)(2) were originally addressed in paragraph 268.7(c), as introduced into the code by
Revision Checklist 34. 268.7(c) was subsequently modified by Revision Checklists 39 and
50. Revision Checklist 39 added the testing requirements now found at 268.7(c)(2), althoug
at the time, these requirements were still part of 268.7(c). It was Revision Checklist 50 that
significantly revised the paragraph so that the notice and certification requirements now
appear at (c)(1) and the testing requirements appear at (c)(2). The checklist reference columi
then, includes all relevant checklists for 268.7(c)U) and (c)(2) rather than just Revision
Checklist 50, which primarily affected the formatting changes.
44 Subparagraphs 268.7{c)(3) and (c)(4), introduced into the code by Revision Checklists 50 an<
66, respectively, were removed from the code by Revision Checklist 78.
45 An error in the September 6, 1989 rule (54 Ffi 36967; Revision Checklist 66) makes it appea
that the revisions to 268.8(a) include the removal of 268.8(a)(4). This was not the Agency'*
intent and 268.8(a)(4) remains in Federal code as introduced by Revision Checklist 50.
4^ The rest of Subpart B is not included in this checklist because it deals with the schedule with
which EPA will restrict wastes from land disposal. States do not need to adopt those sectior
(i.e., 268.10-268.13). |
_ - , «~- DCLDR93J.14 - Rov«ed. 10/13/1
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OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1993 (cont'd)
47 The 268.30(a) introduction appeared in the final rule addressed by Revision Checklist 50, but
was not changed by that rule. See Revision Checklist 50 for more information.
48 These subparagraphs were originally 268.30(c) and 268.30(c)(1}-(3) when they were
introduced into the code by Revision Checklist 34. However, Revision Checklist 50
redesignated them as 268.30(d) and 268.30(d)(1)-(3) because that checklist inserted a new
paragraph at 268.30(c).
49 These subparagraphs were originally 268.31(b) and 268.31(b)(1)-(3) when they were
introduced into the code by Revision Checklist 34. However, Revision Checklist 50
redesignated them as 268.31 (d) and 268.31(d)(1)-(3) because that checklist inserted a new
paragraph at 268.31 (b).
50 While this subparagraph appeared in the final rule addressed by Revision Checklist 50, this
rule did not change this subparagraph. See Footnote 9, page 28 of Revision Checklist 50.
51 This subparagraph was originally 268.35(e) when introduced into the code by Revision
Checklist 78. However, Revision Checklist 116 redesignated it as 268.35(e)(1), with some
modifications, and inserted a new paragraph at 268.35(e).
52 The original 268.35(e)(2) was introduced by Revision Checklist 116. Revision Checklist 123
redesignated it as 268.35(e)(4) and added a new 268.35(e)(2).
5^ Note that there are typographical errors in the Federal Register addressed by Revision
Checklist 102. The change from K031 to D031 appears to be incorrect; "D031" should be
"K031." There will be a technical correction in the future. Also, after "Appendix I of this
part" in column 2 of page 57 FR 8089 for 268.41 (a), "for the allowable" appears to have
been incorrectly changed to "of the allowable."
54 268.42(a)(3) was introduced into the code by Revision Checklist 63, Revision Checklist 78
removed this paragraph and Revision Checklist 83 added a new 268.42(a)(3).
55 268.42(a)(4) was introduced into the code by Revision Checklist 63. Revision Checklist 78
removed this paragraph.
56 The 55 FR 22520, June 1, 1990, code incorrectly states that a subparagraph 268.42(e) is
added. The Federal Register did not contain a 268.42(e); it only added 268.42(d).
57 Note, in the Federal Register for Revision Checklist 109 (57 FR 37275), there are two
different entries in Table CCW for K030. Because there isn't an entry for K043, likely the
second "K030" should read "K043." Also, this Federal Register adds an entry for K111, but
this is not noted in the revision instructions for the table.
58 While 268.43(b) appeared in the final rule addressed by Revision Checklist 63, the text of the
paragraph was not changed and remains the same as that introduced by Revision Checklist
50;
n -«„ *„«« DCIDR93J.U -Reviwd: 10/13/93
Page 131 of 133 p^^ 5/18/94
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OSWER DIRECTIVE NO. 9541.00-2
SPA 1
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
: as of June 30, 1993 (cont'd)
59 Note that 268.44(o) and a table listing wastes excluded from the treatment standards under
268.43(a) were added to the CFR by 56 FR 12351, a notice granting treatability variance for
facilities located in Chicago, Illinois. Due to the topic, no checklist was necessary for this
notice. As such, this paragraph and table were not included in this consolidated checklist as
States would likely not want to include it in their code, unless treatability variance was
granted to a facility in that State.
°0 As background, the TCLP was originally promulgated in 268, Appendix I, on November 7,
1986 (51 FR 40572; Revision Checklist 34) for use in the Land Disposal Restrictions (LDR)
program to determine whether certain wastes require treatment prior to land disposal and to
determine whether certain treated wastes meet the applicable treatment standards. The TC
rule and its June 29, 1990 modification promulgated a revised TCLP at 261, Appendix II, witl
modifications based on the Agency's own research and public comment. This TCLP is to be
used in both the TC and the LDR programs. The objective of the above footnoted revision to
268, Appendix I, is to assure that the TCLP entered into the code.by the November 7, 1986
notice (51 FR 40572; Revision Checklist 34) is removed and replaced by the TCLP entered
into the code and amended by the final rules (55 FR 11798 and 55 FR 26986) addressed by
Revision Checklist 74. The actual placement of the TCLP within a State's code is not that
important, per se; what is important is that a State's code contains only the Revision
Checklist 74 TCLP.
61 Revision Checklist 109 removed the table of F001-F005 spent solvent waste treatment .
standards and replaced it with a note regarding where such treatment standards may be i
found. \
62 Revision Checklist 54 revised the section heading, which previously read "Minor Modification
of Permits," to read "Permit Modification at the Request of the Permittee." This was an
optional change; therefore a State may have the old section title if it elected not to adopt the
Checklist 54 changes. States should also note that 270.42 was not required by 271.14 to b<
part of a State's authorized permit program. Thus, only States which elected to have a
section analogous to 270.42 at the time of base program authorization need worry about the
270.42 modifications made to this section by Revision Checklists 34, 39, 54, and 109.
Revision Checklist 54 removed portions of the code added by Revision Checklists 34 and 39,
i.e., 270.42(o) and 270.42(p) and their subparagraphs. However, these sections have been
.retained in this Consolidated LDR Checklist because the Revision Checklist 54 deletions were
optional. The various scenarios for changes to this section are as follows:
• If the State did not include an analog to 270.42 in its base program, all entries for 270.4*
shown in this Consolidated LDR Checklist should be disregarded.
• If the State included an analog to 270.42 in its base program and chose to adopt the
optional changes in Revision Checklists 39 and 54, the change to 270.42(e)(3)(ii)(B)
should be made; the entries on this Consolidated LDR Checklist for 270.42(o) and (p) and
their respective subparagraphs should be disregarded (such code will have been deleted);
and the new section title should be used.
_ DCLDR93J.14 - Revwd 10/13/i
Page 132 of 133 Pnmod 5/1 s/i
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OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1 993 (cont'd)
• If the State included an analog to 270.42 in its base program, but chose not to adopt the
optional changes in Revision Checklists 39 and 54, the change to 270.42(e)(3)(ii)(B)
should be made; the State should have analogs to 270.42(o) and (p) and their respective
subparagraphs as shown on this Consolidated LDR Checklist; and the old section title may
be retained.
°^ Appendix I was introduced by Revision Checklist 54 as an optional modification to Section
270.42. Changes to this appendix addressed by Revision Checklists 78, 83, 109 and 124 are
relevant only if a State has modified its code to include Appendix I as per Revision Checklist
54.
64 Revision Checklist 78 redesignated the old item B(1)(b) as item B(1)(c) and added a new
65 Revision Checklist 83 added the footnote symbol to the Class I designation at B(1 )(b). Note
that both the 1991 and 1992 CFRs have two occurrences of item B(1)(b). The first
occurrence (as revised by Revision Checklist 83) is the correct version. The second
occurrence of item B(1)(b) is the one added by Revision Checklist 78 (without the Revision
Checklist 83 change) and which is removed by Revision Checklist 1 24.
66 Revision Checklist 124 redesignated the old item B(1)(c) as item B(1)(d) and added a new
67 Revision Checklist 61 revised and redesignated 270.72{e) as 270.72(b). The Revision
Checklist 61 changes are optional, however; therefore, some States may have retained
270.72(e) in their code as introduced by the LDR Revision Checklist 39.
« * „„ , .„„ DCLDR93J 14 -R«vi»d 10/13/93
Page 133 of 133
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-------
Consolidated Checklist for the
Burning of Hazardous Waste in Boilers and industrial Furnaces
as of June 30, 1993
The following consolidated checklist
should replace the existing version in
SAM Appendix K
-------
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OSWER DIRECTIVE NO. 9541.0O-20
SPA 14
CONSOLIDATED CHECKLIST :
for the
Burning of Hazardous Waste in Boilers and Industrial Furnaces
as of June 30, 1993
Notes 1) This checklist consolidates changes to the Federal code addressed by the following
Boilers and Industrial Furnaces (BIF) checklists that have occurred through June 30, 1993:
Revision Checklist 85 [56 FR 7134 (February 21, 1991)1;
Revision Checklist 94 [56 FR 32688 (July 17,1991)];
Revision Checklist 96 [56 FR 42504 (August 27, 1991)];
Revision Checklist 98 [56 FR 43874 (September 5, 1991)];
Revision Checklist 105 [57 FR 27880 (June 22, 1992)];
Revision Checklist 110 [57 FR 37284 (August 18, 1992)1;
Revision Checklist 111 [57 FR 38558 (August 25, 1992)]; and
Revision Checklist 114 [57 FR 44999 (September 30, 1992)].
Note that Revision Checklists 105 and 110, which address Coke By-Products, are included in this
consolidated checklist because they also affect the BIF rule.
No final rules promulgated between January 1, 1993 and June 30, 1993 affected BIFs.
Therefore, this Consolidated Checklist for BIFs is identical to that of December 31, 1992.
2) Note that the regulations addressed by this checklist typically do not make a distinction
between the various types of burning devices. However, the provisions in the regulations as they
apply to sludge dryers, carbon regeneration units, infrared incinerators, and plasma arc
incinerators are considered to be non-HSWA requirements, while the regulations as they apply to
all other types of burning devices are HSWA provisions. EPA will implement the HSWA
requirements in authorized States until the States modify their programs and such modifications
are approved by EPA. The non-HSWA requirements are applicable only in those States which are
unauthorized. In authorized States, the non-HSWA requirements will not be applicable until the
States revise their programs to adopt equivalent requirements under State law.
3) Revision Checklist 98 addresses an administrative stay of the permitting standards for BIFs
adopted pursuant to the February 21, 1991 (56 FR 7134; Revision Checklist 85) final rule as it
applies to coke ovens burning certain hazardous wastes from the coke by-products recovery
process. This administrative stay has been removed by Revision Checklist 105 (57 FR 27880;
June 22, 1992) and, therefore, should not be adopted by States.
_ , . ^^ DCBIF93J. 14 - Revnad 09/29/93
Page 1 of 120 pnmad- 4/20/94
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OSWER DIRECTIVE NO. 9541.00-:
SPA 1
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS
STATE
CITATION
,
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BRO,
IN Si
PART 260 - HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL
SUBPART B - DEFINITIONS
DEFINITIONS
change "Parts 260
through 265 and 268" to
"Parts 260 through 266
and 268"
"carbon regeneration
unit"
revise "incinerator"
replace "controlled flame
devices" with "thermal
treatment" in introductory
text of the definition for
"industrial furnace"
redesignate paragraph
(12) in the definition for
"industrial furnace" as
paragraph (13); add new
paragraph (12) that adds
halogen acid furnaces to
the list of devices
considered industrial
furnaces
"infrared incinerator"
"plasma arc incinerator"
"sludge dryer"
85
85
85
85
85
85,111
85,111
85
260.10(intro)
260.10
260.10(1)&(2)
260.10
260.10(12)&
(13)
260.10
260.10
260.10
(
^
REFERENCES
add to the first set of
listings, in alphabetical
order: "U.S. EPA,
Screening Procedures for
Estimating the Air Quality
Impact of Stationary
sources..."
85
260. 11 (a)
A
\
Page 2 of 120
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OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
SUBPART C - RULEMAKING PETITIONS
GENERAL
replace "265" with "266"
in the first sentence
111
260.20(a)
PART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
SUBPART A - GENERAL
DEFINITION OF SOLID WASTE
redesignate (d)(2) as
(d)(3); add new paragraph
regarding secondary
materials fed to a
halogen acid furnace
that exhibit a
characteristic or are
a listed waste;
exception for bromi-
nated material that
meets certain criteria
material must contain a
bromine concentration of
at least 45%
material must contain less
than a total of 1 % of
toxic organic compounds
listed in Appendix VIII
material is processed
continually on-site in the
halogen acid furnace via
direct conveyance
redesignate old 261. 2{d)
(2) as 261.2(d)(3)
change "paragraph" to
"paragraphs"; insert "and
(d)(2)" after "(d){1)"
85,
94,96
96
96
96
85,94
111
261.2(d)(2)
261.2(d)(2){i)
261.2(d)(2)(ii)
261.2(d)(2)(ni)
261.2(d)(3)
261.2(e)(2)(iv)
•
Page 3 of 120
DCBIF93J.14 -Rev«»d 09/29/93
Printed: 4/20/94
-------
OSWER DIRECTIVE NO. 9541.00-:
SPA 1
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cpnt'd)
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS
STATE
CITATION
STATE ANALOG IS-
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BRO
IN S
DEFINITION OF HAZARDOUS WASTE
2 replace "261.6(a)(3)(v)
through (ix)n with
"261. 6(a)(3)(v) through
(viii)"
94,96
261.3{c)(2)(ii)
(B)
EXCLUSIONS
t add exclusion for K060,
K087, K141, K142,
K143, K144, K145,
K147, K148 and other
wastes from coke by-
products that are
hazardous only because
they exhibit the Toxicity
Characteristic when
recycled as specified;
exclusion is conditioned
on there being no land
disposal of the wastes
from point of generation
to recycling point
insert "except as provided
by §266.1 12 of this
chapter for facilities that
burn or process hazardous
waste" at end of
paragraph
revise first sentence to
include phosphate rock
and overburden from the
mining of. uranium ore in
the existing parenthetical
phrase; insert "except as
provided by §266.112 of
this chapter for facilities
that burn or process
hazardous waste" at end
of first sentence
85,
105,110
85
85
261.4(a)(10)
261.4(b)(4)
261.4(b){7)
Page 4 of 120
DCB1F93J 14 • RcviMd 09/29,
Printed 4,20
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OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
add "except as provided
by §266.112 of this
chapter for facilities that
burn or process hazardous
waste" to end of
paragraph
CHECKLIST
REFERENCE
85
FEDERAL RCRA CITATION
'
261.4(b)(8)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
REQUIREMENTS FOR RECYCLABLE MATERIALS
replace the letter "G"
with "H"
replace "Subpart D" with
"Subpart H"
remove existing paragraph
261.6(a)(3)(vii) and
redesignate 261.6(a)(3)
(viii) as 261 .6(a)(3)(vii)
redesignate 261.6(a)(3)
(ix)as261.6(a)(3)(viii)
94
94
85
85
261.6(a)(2)
261.6(a)(2)(ii)
261.6(a)(3)(vii)
261.6(a)(3)(viii)
SUBPART D - LISTS OF HAZARDOUS WASTES
HAZARDOUS WASTES FROM SPECIFIC SOURCES
add K141-K145, K147
and K148 in alphanumeric
order to the subgroup
"Coking" as specified at
57 FR 37305
110
261.32
APPENDIX VII TO PART 261
BASIS FOR LISTING HAZARDOUS WASTE
add K141-K145, K147
and K148 in alphanumeric
order as specified at 57
FR 37305
110
261, Appendix
VII
Page 5 of 120
DCBIF93J 14 . RavMd 09.29/93
Pnnt«d 4.20/94
-------
OSWER DIRECTIVE NO. 9541.00-2
SPA 1
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS .
STATE
CITATION
. . ^
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BRO>
IN S(
PART 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE
TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SUBPART A - GENERAL
PURPOSE, SCOPE, AND APPLICABILITY
change "subparts C, D, F,
or G" to "subparts C, F,
G, or H"
111
264.1(g)(2)
SUBPART G - CLOSURE AND POST-CLOSURE
CLOSURE OF PLAN; AMENDMENT OF PLAN
add sentence regarding
written notification of
Regional Administrator at
least 45 days prior to
partial or final closure of a
boiler or industrial furnace
85
264.1 12(d)(1)
(
SUBPART 0 - INCINERATORS
APPLICABILITY
regulations apply to
owners and operators of
hazardous waste
incinerators (as defined in
260.10) except as 264.1
provides otherwise
85
264.340(a)
PART 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF
HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES
SUBPART A - GENERAL
PURPOSE, SCOPE, AND APPLICABILITY
change "subparts C, D, F,
or G" to "subparts C, F,
G, or H"
111
265.1(c)(6)
Page 6 of 120
DCBIF93J.14 - tovimd: 09/29/S
Printed: 4/20/i
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
SUBPART G - CLOSURE AND POST-CLOSURE
CLOSURE PLAN; AMENDMENT OF PLAN
insert "or by six months
after the effective date of
the rule that first subjects
a facility to provisions of
this section" after "By
May 19, 1981"
add sentence regarding
submittal of closure plan
at least 45 days prior to
beginning partial or final
closure of a boiler or
industrial furnace; add
sentence regarding
written notification at
least 45 days prior to
beginning partial or final
closure of a boiler or
industrial furnace when
the owner or operator has
an approved closure plan
date when owner or
operator "expects to
begin closure" must be
either:
compliance dates for
hazardous waste units
receiving final or most
recent volume of
hazardous wastes;
extension by Regional
Administrator, or
85
85
85,96
85,96
265.112(a)
265.112(d)(1)
265.112(d)(2)
265.112(d)(2)(i)
Page 7 of 120
DCBIF93J.U
Rovaed: 09/29/93
Printed: 4/20/94
-------
OSWER DIRECTIVE NO. 9541.OO-
SPA '
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
compliance dates for
hazardous waste units
meeting 265.113(d)
requirements receiving
final volume or most
recent volume
nonhazardous wastes;
extension by Regional
Administrator
CHECKLIST
REFERENCE
85,96
FEDERAL RCRA CITATION
265.112(d)(2)
(ii)
ANALOGOUS
STATE
CITATION
_ \
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BRC
INS
CLOSURE; TIME ALLOWED FOR CLOSURE
within 90 days after
receiving final volume of
hazardous or non-
hazardous wastes if
owner/operator complies
with 265.113(d)&(e)
requirements or 90 days
after approval of closure
plan, whichever is later;
criteria for extension by
Regional Administrator
complete partial and final
closure within 1 80 days
after receiving final
volume of hazardous or
non-hazardous waste if
owner/operator complies
with 265.113(d)&(e)
requirements or 1 80 days
after approval of closure
plan, whichever is later;
extension by Regional
Administrator
85,96
85,96
265.113(a)
265.113(b)
.
\
Page 8 of 120
DCBIF93J 14
• Revned 09/2!
Printed: 4/2(
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
CHECKUST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
SUBPART 0 - INCINERATORS
APPLICABILITY
regulations apply to
owners and operators of
hazardous waste
incinerators (as defined in
260.10) except as 264.1
provides otherwise
85
265.340(a)
SUBPART P - THERMAL TREATMENT
OTHER THERMAL TREATMENT
delete "."at the end and
insert ", and Subpart H of
Part 266, if the unit is a
boiler or an industrial
furnace as defined in
§260.10."
94
265.370
-
PART 266 - STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES
AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES
SUBPART D - HAZARDOUS WASTE BURNED FOR ENERGY RECOVERY
remove and reserve
Subpart D
85
266.30-266.35
SUBPART E - USED OIL BURNED FOR ENERGY RECOVERY
APPLICABILITY
5 replace "Subpart D of Part
266" with "Subpart H of
Part 266"
5 replace "Subpart D" with
"Subpart H"
94,96
94,96
266.40(c)
266.40(d)
Page 9 of 120
DCBIF93J.U • Revmod 09/29/93
Printed, 4/20/94
-------
OSWER DIRECTIVE NO. 9541.00-
SPA
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cbnt'd)
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BR<
IN :
SUBPART H - HAZARDOUS WASTE BURNED IN BOILERS AND INDUSTRIAL FURNACES
APPLICABILITY
regulations apply to
hazardous waste burned
or processed in a boiler or
industrial furnace,
irrespective of purpose,
except as
266.100(b),(c),(d) and (f)
provide; definition of
"burn"; 266.104-266.107
emissions standards apply
to interim status or
permitted facilities
hazardous wastes and
facilities not subject to
regulation under Subpart
H:
used oil burned for energy
recovery that is hazardous
solely because it exhibits
a characteristic; regulated
under 266, Subpart E
gas recovered from
landfills and burned for
energy recovery
exempt hazardous wastes
under 261. 4 and 261. 6(a)
(3)(v)-(viii); CESQG
hazardous wastes under
261.5
coke ovens burning only
K087
85,
96,t98,
t105,111
85
85
85,94
85.94
/
85
266.100(a)
266.100(b)
266.100(b)(1)
266.100(b)(2)
266.100(b)(3)
266.100(b)(4)
<
Page 10 of 120
DCBIF93J 14 - Revised 09/2!
Printed- 4/2<
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
owners and operators of
smelting, melting and
refining furnaces
processing hazardous
waste solely for metal
recovery conditionally
exempt, except for
266.101 and 266.112
requirements for
exemption from 266.102
through 266.111 for
owner or operator of
metal recovery furnace;
owner or operator of a
lead or a nickel-chromium
recovery furnace, or
certain metal recovery
furnaces subject to
266.100{c)(3)
requirements
one-time written notice
indicating:
owner or operator claims
266.100(c) exemption
metal recovery as per
266.100(c)(2) provisions
recoverable levels of
metals
compliance with
266.100(c) sampling and
analysis and
recordkeeping
requirements
CHECKLIST
REFERENCE
85
85,96
85
85
85
85
85
FEDERAL RCRA CITATION
266.100(C)
266.100(c)(1)
266.100(c)(1)(i)
266.100(c)(1)(i)
(A)
266.100(c)(1)(i)
(B)
266.100(c)(1)(i)
(0
266.100(c)(1)(i)
(D)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 11 of 120
DCBIF93J.14 - Revrsed 09/29/93
Pnnted 4/20/94
-------
OSWER DIRECTIVE NO. 9541.00-:
SPA 1
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
sample and analyze
hazardous waste and
other feedstocks as
necessary using specified
procedures or alternative
methods that meet or
exceed SW-846 method
performance capabilities;
situation where "best
available method" is used
maintain specified records
at facility for at least
three years
criteria under which a
hazardous waste is not
processed solely for metal
recovery
total concentration of
261, Appendix VIM
organic compounds
exceeds 500 ppm by
weight and are considered
burned for destruction;
reduction of organic
compound concentration
to the 500 ppm limit by
bona fide treatment;
blending for dilution to
meet the 500 ppm limit is
prohibited; retention of
documentation in records
required by 266.100(c)(1)
(iii)
CHECKLIST
REFERENCE
85,96
85
85
85,96
FEDERAL RCRA CITATION
266.100(c)(1)(ii)
266.100(c)(1)
(iii)
266.100(c)(2)
266.100{c)(2)(i)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BRO
IN S
/
\
Page 12 of 120
DCBIF93J.14 - Ravwed: 09/29
Printed: 4/2G
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cqnt'd)
FEDERAL REQUIREMENTS
heating value of 5,000
Btu/lb or more and
considered burned as fuel;
reduction of the heating
value to below 5,000
Btu/lb by bona fide
treatment; blending for
dilution to meet the 5,000
Btu/lb limit is prohibited;
retention of
documentation in records
required by 266.100{c)(1)
(iii)
requirements for
exemption from 266.102
through 266.111 for
owner or operator of
certain metal recovery
furnaces; written notice
to director; 266.100(c){1)
compliance
exemption from
266.100(c)(1)
requirements for
hazardous wastes listed in
Appendices XI and XII,
Part 266, and baghouse
bags used to capture
metallic dusts emitted by
steel manufacturing.
provided:
waste contains
recoverable levels of
specified metals
waste does not exhibit
the Toxicity Characteristic
of 261 .24 for an organic
constituent
CHECKLIST
REFERENCE
85,96
96
96
96
96
FEDERAL RCRA CITATION
266.100(c)(2)(ii)
266.1 00(c)(3)
266.100(c)(3)(i)
266.100(c)(3)(i)
(A)
266.100(c)(3)(i)
(B)
-
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
•
BROADER
IN SCOPE
Page 13 of 120
DCBIF93J.14
Revised 09/29/93
Printed. 4/20/94
-------
OSWER DIRECTIVE NO. 9541.00-
SPA
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
waste is not a hazardous
waste listed in Part 261
Subpart D because it is
listed for an organic
constituent as identified
in Appendix VII of Part
261
certification by owner or
operator under
266.100(c)(3) regarding
hazardous waste;
sampling and analysis or
other information to
assure compliance;
sampling and analysis
conducted according to
maintain records to
document compliance
with (c)(3) for at least
three years
basis for case-by-case
decisions, regarding toxic
organic constituents;
metal recovery furnace
subject to Subpart H
requirements after
adequate notice and
opportunity for comment;
factors Director will
consider:
concentration and toxicity
of organic constituents in
the material
level of destruction of
toxic constituents
provided by the furnace
CHECKLIST
REFERENCE
96
96
96
96
96
FEDERAL RCRA CITATION
266.100(c)(3){i)
(C)
266.100(c)(3)(i)
(D)
266.100(c)(3)(ii)
266.100(c)(3)(ii)
(A)
266.100(c)(3)(ii)
(B)
ANALOGOUS
STATE
CITATION
• 1
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BRC
IN !
I
Page 14 of 120
DCBIF93J 14 • R*vMd 09:29
Pnntcd 4/20
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
acceptable ambient levels
established in Appendices
IV or V, Part 266,
exceeded for any toxic
organic compound that
may be emitted based on
certain conditions
266. 111 direct transfer
operation standards apply
only to facilities subject
to 266.102 or 266.103
standards
266.112 residue
management standards
apply to any boiler or
industrial furnace burning
hazardous waste
conditional exemption
from Subpart H
requirements for owners
or operators of certain
smelting, melting, and
refining furnaces, except
for 266.112; to be
exempt from 266.101
through 266.1 1 1, an
owner or operator must:
provide a one-time written
notice indicating:
owner or ..operator claims
266.100(f) exemption
hazardous waste is
burned for legitimate
recovery of precious
metal
CHECKLIST
REFERENCE
96
85
85
96,111
96
96
96
FEDERAL RCRA CITATION
266.100(c)(3)(ii)
(C)
266.100(d)
266.100{e)
266.100(f)
266.100{f)(1)
266.100{f)(1)(i)
266.100(f)(1)(ii)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS'
EQUIV-
ALENT
•
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 15 of 120
DCBIF93J.14 • RcvMd 09.29/93
Pnm«d 4.20/94
-------
OSWER DIRECTIVE NO.
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cont'd)
9541.00-
SPA '
FEDERAL REQUIREMENTS
compliance with
266.100(f) sampling and
analysis and
record keeping
requirements
sample and analyze
hazardous waste as
necessary using specified
procedures
maintain specified records
at facility for at least
three years
CHECKLIST
REFERENCE
96
96
96
FEDERAL RCRA CITATION
266.100(f)(1)
(iii)
266.100(f)(2)
266.100(f)(3)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BRC
IN £
MANAGEMENT PRIOR TO BURNING
generators of hazardous
waste that is burned in a
boiler or industrial furnace
subject to Part 262
transporters of hazardous
waste that is burned in a
boiler or industrial furnace
subject to Part 263
owners and operators of
facilities that store
hazardous waste burned
in a boiler or industrial
furnace subject to the
applicable provisions of
parts 264, 265, and 270,
except as provided by
266.1 01 (c)(2); standards
applicable to storage by
burners and intermediary
facilities
85
85
85,111
266.101(a)
266.101(b)
266.101(c)(1)
:
I
Page 16 of 120
DCBIF93J.14 -Ravned: 09/2!
Printed: 4/2C
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
generators of hazardous
waste who burn on-site in
boilers or industrial
furnaces exempt from
regulation under 266.108
small quantity burner
provisions are exempt
from the regulations of
parts 264, 265, and 270
applicable to storage units
for those storage units
that store mixtures of
hazardous waste and the
primary fuel in tanks that
feed mixture directly to
burner; hazardous waste
storage prior to mixing
subject to 266.101(c)(1)
regulation
CHECKLIST
REFERENCE
85,111
FEDERAL RCRA CITATION
266.101(0(2}
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
PERMIT STANDARDS FOR BURNERS
owners and operators not
operating under interim
status and not exempt
under 266.108 small
quantity burner exemption
are subject to 266.102,
270.22 and 270.66
requirements
\
85
266.102(a)(1)
Page 17 of 120
DCBIF93J.U -Ravwad- 09/29/93
Printed- 4/20/94
-------
OSWER DIRECTIVE NO. 9541.00-:
SPA 1
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
applicable 264 provisions
CHECKLIST
REFERENCE
85
FEDERAL RCRA CITATION
266.102(a)(2)
266.102(a)(2)(i)
266.102(a)(2)(ii)
266.102(a)(2)
(iii)
266.102(a)(2)
(iv)
266.102(a)(2)
(v)
266.102{a)(2)
(vi)
266.102(a)(2)
(vii)
266.102(a)(2)
(viii)
266.102(a)(2)
(ix)
ANALOGOUS
STATE
CITATION
_ 1
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BRO
IN S
(
Page 18 of 120
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
analysis to quantify
concentration of any 261,
Appendix VIII constituent
at levels detectable by
specified analytical
procedures, alternative
methods or best available
method; identification;
explanation of
constituents excluded
from analysis; analysis
provides 266 Subpart H,
270.22 and 270.66
information to prescribe
permit conditions;
analysis included in Part B
permit application or in
trial burn plan for interim
status facilities; owners/
operators of units not
operating under interim
status include 270.22 or
270.66(c) information in
Part B application, to
extent possible
sampling and analysis
throughout normal
operation to ensure
permit-specified physical
and chemical composition
limits are met
compliance with 266.104
through 266.107
emissions standards
burn only hazardous
wastes specified in permit
under 266.102(e)
operating1 conditions;
exception for approved
trial burns under 270.66
conditions
CHECKLIST
REFERENCE
85,
94,96
85
85
85
FEDERAL RCRA CITATION
266.102(bH1)
266.102(b)(2)
266.102(c)
266.102(d)(1)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS-
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 19 of 120
DCBIF93J 14
Rev«»d 09/29/93
Printed 4/20/94
-------
OSWER DIRECTIVE NO. 9541.00-
SPA '
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
new permit or permit
modification necessary to
burn hazardous waste not
specified in permit; trial
burn results or Part B
alternative data form
basis for new waste
operating requirements
266.103 interim status
boilers and industrial
furnaces permitted under
270.66(g) procedures
permit for new boiler or
industrial furnace must
establish appropriate
conditions for each
applicable 266.102
requirement in order to
comply with specified
standards:
for period beginning with
initial introduction of
hazardous waste and
ending with initiation of
trial burn; such period not
to exceed 720 hours;
operating requirements in
compliance with
266.104-266.107
emissions standards;
applicable provisions
when seeking waiver
from a trial burn;
extension for up to 720
additional hours by
Director based on good
cause demonstration
CHECKLIST
REFERENCE
85
85
85
85
FEDERAL RCRA CITATION
.
266.102(d)(2)
266.102(d)(3)
266.102(d)(4)
266.102(d)(4)(i)
ANALOGOUS
STATE
CITATION
-'
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BRC
IN £
Page 20 of 120
OCBIF93J.14 - Ravwed 09/29/
Printed 4/201
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
during trial burn,
operating requirements
sufficient for 266.104-
266.107 emissions
compliance and in
accordance with approved
trial burn plan
immediately after trial
burn, for minimum period
needed to allow sample
analysis, data
computation, submission
and review of trial burn
results, and permit
modification, operating
requirements to ensure
266.104-266.107
emissions compliance
8 for duration of permit,
operating requirements
based on trial burn or
270.22 alternative data,
sufficient to ensure
266.104,266.107
emissions compliance
operating requirements
specified in the permit
apply at all times where
hazardous waste is in unit
CHECKLIST
REFERENCE
85
85
85,94
85
FEDERAL RCRA CITATION
266.102{d)(4)
(ii)
266.102(d)(4)
(iii)
266.102(d)(4)
(iv)
266.102(e)(1)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS. ^BP
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
A
w
Page 21 of 120
DCBIF93J.14 - Revised 09/29/93
Printed 4/20/94
-------
OSWER DIRECTIVE NO. 9541.OO-;
SPA 1
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
operating conditions.
either case-by-case for
each hazardous waste to
ensure compliance with
266.104(a) DRE
performance standard or
special operating
requirements provided by
266.104(aK4) DRE trial
burn waiver; when no
waiver, each set of
operating requirements
will specify composition
of hazardous waste to
which they apply; permit-
specified operating limits
for each hazardous waste
include:
feed rate of hazardous
waste and other fuels as
per266.102(e)(6)
minimum and maximum
device production rate
when producing normal
product as per
266.102(e)(6)
appropriate controls of
hazardous waste firing
system
allowable variation in
boiler and industrial
furnace system design or
operating- procedures
minimum combustion gas
temperature measured at
a location indicative of
combustion chamber
temperature as per
266.102(e)(6)
CHECKLIST
REFERENCE
85
85
85
85
85
85
FEDERAL RCRA CITATION
266.102(e)(2)(i)
266.102(e)(2)(i)
(A)
266.102(e)(2)(i)
(B)
266.1 02(e)(2Hi)
(0
266.102(e)(2)(i)
(D)
266.102(e)(2)(i)
(E)
ANALOGOUS
STATE
CITATION
: ,
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BRO
IN S
(
Page 22 of 120
DCBIF93J 14 - Rovwed. 09/29
Printed 4/20
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
appropriate indicator of
combustion gas velocity
asper266.102(e)(6),
unless 270.66
documentation
other operating
requirements to ensure
266.104(a) ORE
compliance
permit must incorporate
carbon monoxide (CO)
limit and, as appropriate,
hydrocarbon (HC) limit as
per 266.104(b)-(f); permit
limits specified:
when complying with
266.104(b)(1) CO
standard,' permit limit is
1 00 ppmv
when complying with
266.104(c) alternative CO
standard, permit limit
based on trial burn,
established as specified
average, and permit limit
for HC is 20 ppmv,
except as 266.104(f)
provides
when complying with
266.104(f) alternative HC
limit, permit limit for HC
and CO is baseline level
when hazardous waste is
not burned
no hazardous waste as
feed during start-up and
shut-down, unless device
is operating within permit
conditions; exception
CHECKLIST
REFERENCE
^85
85
85
85
85
85
85
FEDERAL RCRA CITATION
266.102(e)(2)(i)
(F)
266.102(e)(2)(i)
(G)
266.102(e)(2)(ii)
266.102(e)(2)(ii)
(A)
266.102(e)(2)(ii)
(B)
266.102(e)(2)(ii)
(C)
266.102(e)(2)
(iii)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS' ^^P
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
•
•
Page 23 of 120
DCBIF93J.U -Ravned. 09/29/93
Printed 4/20/94
-------
OSWER DIRECTIVE NO. 9541 .OO-i
SPA 1
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
except as provided in
266.102(e)(3)(ii) and (Hi),
operating requirements
the permit will specify to
ensure 266.105
particulate standard
compliance:
total ash feed rate from
hazardous waste, other
fuels, and industrial
furnace feedstocks, as
per266.102(e)(6)
maximum device
production rate when
producing normal product
as per 266.1 02(e)(6)
operation and
maintenance controls for
hazardous waste firing
system and air pollution
control system
allowable variation in
system design including
air pollution control
system or operating
procedures
other operating
requirements to ensure
266.1 1Kb) particulate
standard compliance
no permit conditions to
ensure particulate
standard compliance for
266.105(b) exempt
facilities
CHECKLIST
REFERENCE
85
85
85
85
85
85
85
FEDERAL RCRA CITATION
266.102(e)(3)(i)
266.102(e)(3)(i>
(A)
266.102(e)(3)(i)
(B)
266.102(e)(3)(i)
(C)
266.102(e)(3)(i)
(D)
266.102(e)(3)(i)
(E)
266.102(e)(3)(ii)
ANALOGOUS
STATE
CITATION
•
1
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BRO/
IN S(
(
Page 24 of 120
DCBIF93J U
tevMd 09,29/
Prm«»d 4.20/
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
for cement kilns and light-
weight aggregate kilns,
permit conditions shall
not limit ash content of
hazardous waste or other
feed materials
operating requirements
the permit will specify to
conform with 266.106(b)
or (e) Tier I or adjusted
Tier I metals feed rate
screening limits:
total feed rate of each
metal in hazardous waste,
other fuels, and industrial
furnace feedstocks as per
266.102(e)(6)
total feed rate of
hazardous waste as per
266.102(e){6)
sampling and metals
analysis program
operating requirements
the permit will specify to
conform with 266.106(c)
Tier II metals emission
rate screening limits and
266.106fd) Tier III metals
controls:
maximum emission rate
for each metal based on
average rate during trial
burn
feed rate of total and
pumpable hazardous
waste as per 266.102(e)
(6)(i)
CHECKLIST
REFERENCE
85
85
85
85
85,94
85
85
85
FEDERAL RCRA CITATION
266.102(e){3)
(iii)
266.102(eM4)(i)
266.102(e)(4)(i)
(A)
266.102(e)(4)(i)
(B)
266.102(e)(4)(i)
(C)
266.102(e)(4)(ii)
266.102(e)(4)(ii)
(A)
266.102(e)(4)(ii)
(B)
ANALOGOUS
STATE
CITATION
.•
STATE ANALOG IS: ^^^
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
jfc
w
^
Page 25 of 120
DCBIF93J 14
»v«*d 09.29/93
Pnnl«d 4.20/94
-------
OSWER DIRECTIVE NO. 9541.0O-2I
SPA 1<
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cont'd)
10
1
FEDERAL REQUIREMENTS
feed rate of each metal in
specified feedstreams,
measured and specified
as per 266.102(e)(6)
total feed rate of chlorine
and chloride in total
feedstreams as per
266.102(e)(6)
maximum combustion gas
temperature measured at
location indicative of
combustion chamber
temperature as per
266.102(e)(6)
maximum flue gas
temperature at inlet to
paniculate matter air
pollution control system
as per 266.102(e)(6)
maximum device
production rate when
producing normal product
as per 266.102(e)(6)
operation and
maintenance controls of
hazardous waste firing
system and any air
pollution control system
allowable variation in
system design including
air pollution control
system or operating
procedures
CHECKLIST
REFERENCE
85
85,96
85
85
85
85
85
85
FEDERAL RCRA CITATION
266.102(e)(4)(n)
(C)
266.102(e)(4)(ii)
266.102(e)(4)(ii)
' '* '
266.102(eK4Mii)
(C){3)
266.102(e)(4)(ii)
(D)
266.102(e)(4)(ii)
(E)
266.102(e)(4)(ii)
(F)
266.102(e)(4)(ii)
(G)
266.102(e)(4)(ii)
(H)
266.102(e)(4)(ii)
(I)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
.
8ROA
IN SC
|
Page 26 of 120
DCBIF93J.14 - RcviMd. 09/29
Printed: 4/20
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cqnt'd)
FEDERAL REQUIREMENTS
other operating
requirements to ensure
266.106(c) or (d) metals
standards compliance
operating requirements
the permit will specify to
conform with 266.106(f)
alternative implementation
approach;
maximum emission rate
for each metal based on
average rate
feed rate of total and
pumpable hazardous
waste as per 266.102(e)
(6)(i)
feed rate of each metal in
specified feedstreams,
measured and specified
as per 266.102(e)(6)
total feed rate of chlorine
and chloride in total
feedstreams as per
266.102(e)(6)
maximum combustion gas
temperature measured at
location indicative of
combustion chamber
temperature as per
266.102(e)(6)
maximum flue gas
temperature at inlet to
particulate matter air
pollution control system
as per 266.102(e)(6)
CHECKLIST
REFERENCE
85
85
85
85
85
85,96
85
85
85
FEDERAL RCRA CITATION
266.102(e)(4)(ii)
(J)
266.102(e)(4)
(iii)
266.102(e)(4)
(iii)(A)
266.102(e)(4)
(HiHB)
266.102(e)(4)
(iii)(C)
266.102(e)(4)
(iiiHCMT)
266.102{e)(4)
(iii)(C)(2)
266.102(e)(4)
(iiiHD)
266.102(e)(4)
(iiiKE)
266.102(e)(4)
(iiiHR
ANALOGOUS
STATE
CITATION
STATE ANALOG IS: ^^P
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
m
•
m
10,
11
Page 27 of 120
DCBIF93J.14 -ReviMd: 09/29/93
Printed- 4/20/94
-------
OSWER DIRECTIVE NO. 9541.00-:
SPA 1
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
maximum device
production rate when
producing normal product
as per 266.102(e)(6)
operation and
maintenance controls of
hazardous waste firing
system and any air
pollution control system
allowable variation in
system design including
air pollution control
system or operating
procedures
other operating
requirements to ensure
266.106(c) or (d) metals
standards compliance
operating requirements
the permit will specify to
ensure 266.107(b)(1) Tier
I total chloride and
chlorine feed rate
screening limits
conformance:
feed rate of total chloride
and chlorine in hazardous
waste, other fuels, and
industrial furnace
feedstocks as per
266.102{e)(6)
feed rate of total
hazardous waste as per
266.102(e)(6)
sampling and analysis
program for total chloride
and chlorine
CHECKLIST
REFERENCE
85
85
85
85
8,5
85
85
85
FEDERAL RCRA CITATION
266.102(e)(4)
(iiiHG)
266.102(e)(4)
(iii)(H)
266.102(e){4)
(iii)(D
266.102(e)(4)
(iiiXJ)
266.102{e)(5)(i)
266.102(e)(5)(i)
(A)
266.102(e)(5)(i)
(B)
266.102(e)(5)(i)
(C)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BRO
IN S
{
Page 28 of 120
DCBIF93J.14 -RBvmd 09/29
Primed: 4/20
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
:Boilers and Industrial Furnaces as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
operating requirements
the permit will specify for
266.107{b)(2) Tier II and
266. 107(c) Tier III HCI
and CI2 emission rate
screening limits
conformance:
maximum emission rate
for HCI and CI2 based on
average rate
feed rate of total
hazardous waste as per
266.102(e)(6)
total feed rate of chlorine
and chloride in total
feedstreams as per
266.102(e)(6)
maximum device
production rate when
producing normal product
asper266.102(e)(6)
operation and
maintenance controls of
hazardous waste firing
system and any air
pollution control system
allowable variation in
system design including
air pollution control
system or operating
procedures
other operating
requirements to ensure
266.107(b)(2) or (c) HCI
or CI2 standards
compliance
CHECKLIST
REFERENCE
85
85
85
85
85
85
85
85
FEDERAL RCRA CITATION
266.1 02(e){5)(ii)
266.102(e)(5)(ii)
(A)
266.102(e)(5)(ii)
(B)
266.102(e)(5)(ii)
(C)
266.102(e)(5)(ii)
(D)
266.102(e)(5Mii)
(E)
266.102(e)(5)(ii)
(F)
266.102(e)(5)(ii)
(G)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS: ^^
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
A
w
Page 29 of 120
DCBIF93J 14 - Revned 09/29/93
Printed 4/20/94
-------
12
OSWER DIRECTIVE NO. 9541.00-:
SPA 1
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
-Boilers and Industrial Furnaces as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
measuring parameters and
establishing limits based
on trial burn data
as specified in
266.102(e)(2)-(5), each
operating parameter shall
be measured and permit
limits on the parameter
established according to
either of following
procedures:
measured and recorded
on instantaneous basis
and permit limit based on
time-weighted average
hourly rolling average
basis as defined
permit limit based on
average over all valid test
runs of highest hourly
rolling average value per
run
feed rate limits for
carcinogenic metals and
lead established on either
an hourly rolling average
basis or on (up to) to 24-
hour rolling average basis;
requirements for 2- to
24-hour average period:
feed rate of each metal
limited to ten times the
allowable hourly rolling
average basis feed rate
CHECKLIST
REFERENCE
85,94
85
85
85
85,94
85,94
85,94
85
FEDERAL RCRA CITATION
266.102(e)(6)
266.1 02(e)(6)(i)
266.102(e)(6)(i)
(A)
266.102(e)(6)(i)
(B)(7)
266.102(e)(6)(i)
(B)(/)(/)
266.102(e)(6)(i)
(B)(7)(//)
266.1 02(e)(6)(i)
(B)(2)
266.102(e)(6)(ii)
266.1 02(e)(6)(ii)
(A)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BRO
IN S
j
\
Page 30 of 120
DCBIF93J.U - R«v«»d 09/29
Printed 4/20
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cont'd) -
FEDERAL REQUIREMENTS
specifications the
continuous monitor shall
meet
feed rate permit limit
based on specified
average
feed rate limits for metals,
total chloride and
chlorine, and ash
established and monitored
based on feedstream
concentration and flow
rate; flow rate
continuously monitored as
per 266.102(e)(6)(i) and
(ii)
if no simultaneous
demonstration of
266.104-266.107
compliance during a set
of test runs, operating
conditions of additional
test runs as close as
possible to original
operating conditions
CHECKLIST
REFERENCE
85
85,94
85
85
85
FEDERAL RCRA CITATION
266.102(e)(6)(ii)
(B)
266.102(e)(6)(ii)
266.102(e)(6)(ii)
266.102(e)(6)(ii)
(0
266.102(e)(6)
(iii)
266.102(e)(6)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS ^^^
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
•
12
Page 31 of 120
DCBIF93J.14-Rovwed 09/29/93
Printed 4/20/94
-------
OSWER DIRECTIVE NO. 9541.00-
SPA
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
facility to operate under
trial burn conditions and
reach steady-state
operations before
obtaining test data to
demonstrate 266.104-
266.107 emissions
standards compliance or
establishing operating
parameter limits; specific
industrial furnaces need
not reach steady-state
conditions for flow of
metals prior to beginning
metals emissions
compliance testing
trial burn data obtained
durfng emissions sampling
are used to establish
operating parameter limits
in the permit when
parameter must be
established as per
266.102(e)
.,
requirements for
controlling fugitive
emissions
automatic waste feed
cutoff required; Director
may limit number of
cutoffs per operating
period; additional
requirements include:
CHECKLIST
REFERENCE
85,94
85
85
85
FEDERAL RCRA CITATION
266.102(e)(6)
(iv)(B)
266.102(e)(6)
(iv)(C)
266.102(e)(7)(i)
266.102(eM7)(i)
(A)
266.102(e)(7)(i)
(B)
266.102{e)(7)(i)
(C)
266.102(e)(7)(ii)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS.
EQUIV-
ALENT
LESS
STRIN-
GENT .
MORE
STRIN-
GENT
BRC
IN £
(
>
Page 32 of 120
DCBIF93J.14 - Ravrsed 09/29
Printed 4/20
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cqnt'd)
FEDERAL REQUIREMENTS
maintenance of permit
limit for minimum
combustion chamber
temperature while
hazardous waste or
residues remain in
chamber
exhaust gases ducted to
air pollution control
system while hazardous
waste or residues remain
in chamber
continued monitoring of
parameters with limits
during cutoff and
hazardous waste feed not
restarted until parameters
comply with limits; for
parameters monitored on
instantaneous basis,
conditions for restarting
hazardous waste feed
cease burning hazardous
waste when changes in
combustion properties,
feed rates, or design or
operating' conditions
deviate from permit limits
owner or operator, while
burning hazardous waste,
must monitor and record:
specified feed rates and
composition of specified
materials
CO, HC, and oxygen on a
continuous basis as
specified; monitors
installed, operated and
maintained as per 266,
Appendix IX methods
CHECKLIST
REFERENCE
85
85
85
85
85
85
85
FEDERAL RCRA CITATION
266.102(e)(7)(ii)
(A)
266.102(e)(7)(ii)
(B)
266.102(e)(7){ii)
(0
266.102(eM7)
(in)
266.102(eM8)(i)
266.102(e)(8){i)
(A)
266.102(e)(8)(i)
(B)
ANALOGOUS
STATE
CITATION
'
STATE ANALOG IS: ^^P
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
•
BROADER
IN SCOPE
•
•
Page 33 of 120
DCBIF93J.14 - Rov»«d: 09/29/93
Printed: 4/20/94
-------
OSWER DIRECTIVE NO. 9541.00-:
SPA 1
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
rBoilers and Industrial Furnaces as of June 30, 1993 (cont'd)
^
FEDERAL REQUIREMENTS
sampling and analysis as
requested to verify that
requirements established
in permit achieve
266.104-266.107
standards
monitors record data in
permit limit units, unless
permit allows otherwise
daily visual inspection of
boiler or industrial furnace
and associated equipment
when they contain
hazardous waste
test automatic feed cutoff
system and associated
alarms at least once every
7 days when hazardous
waste is burned unless
specified conditions are
demonstrated; operational
testing at least once
every 30 days
monitoring and inspection
data recorded and placed
in 264.73 operating
record
compliance with 266.1 1 1
if direct transfer of
hazardous waste to boiler
or industrial furnace
without use of storage
unit
all 266.102-required
information and data in
facility operating record
until closure of the facility
CHECKLIST
REFERENCE
85
85
85
85
85
85
85,96
FEDERAL RCRA CITATION
266.102(e)(8)(i)
(C)
266.102(e)(8)(ii)
266.102(e)(8)
(iii)
266.102(e)(8)
(iv)
266.102(e)(8)
(v)
266.102(e)(9)
266.102(e)(10)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BRO
IN S
1
Page 34 of 120
DCBIF93J 14
cvMd 09/29
Pr«**d 4,20
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
:Boilers and Industrial Furnaces as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
remove all hazardous
waste and hazardous
waste residues at closure
CHECKLIST
REFERENCE
85
FEDERAL RCRA CITATION
266.102(e){11)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS-
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
INTERIM STATUS STANDARDS FOR BURNERS
establish minimum
national standards for
owners and operators of
existing boilers and
industrial furnaces until
permitted under
266.102(d) or closed
definition of "existing or
in existence"; facility has
commenced construction
if all permits necessary to
begin physical
construction are obtained
and either:
continuous on-site,
physical construction
program has begun
contractual obligations
cannot be cancelled or
modified without
substantial loss and
physical construction is to
be completed within
reasonable time
if boiler or industrial
furnace at facility with
permit or interim status,
then compliance with
270.42 permit
modification or 270.72
interim status changes
85
85,94
85
85
85
266.103(a)(1)(i)
266.103(a)(1)(ii)
266.103(a)(1)(ii)
(A)
266.103(a)(1)(ii)
(B)
266.103(a)(1)
(in)
Page 35 of 120
DCBIF93J 14
«vMd 09 29/93
Pnnt«d 4.20/94
-------
OSWER DIRECTIVE NO. 9541.00-
SPA '
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
266.103 requirements
not applicable to
hazardous waste and
facilities exempt under
266.100(b) or 266.108
F020-F023, F026 or
F027 hazardous waste
listed for dioxin and
hazardous waste derived
from these wastes may
not be burned in interim
status boiler or industrial
furnace
interim status owners and
operators subject to
specified 265 provisions:
CHECKLIST
REFERENCE
85
85,96
85
FEDERAL RCRA CITATION
266.103(a)(2)
266.103(a)(3)
266.103(a){4)
266.103(a)(4)(i)
266.103(a)(4)(ii)
266.1 03(a)(4)
(iii)
266.103(a)(4)
(iv)
266.103(a)(4)
(v)
266.103(a)(4)
(vi)
266.103(a)(4)
(vii)
266.103(a)(4)
(viii)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BRC
IN £
(
\
Page 36 of 120
DCBIF93J.14 - Ravwad: 09/29
Pnntod: 4/20
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
controls that apply to
interim status industrial
furnaces that feed
hazardous waste for a
purpose other than solely
as an ingredient at any
location other than the
hot end or where fuels
are normally fired:
fed at location where
temperatures are at least
1800° F
determination and
documentation in facility
record of adequate
oxygen
for cement kiln systems,
hazardous waste fed into
kiln
applicability of
266.104(c) or
266.103(cM5)
hydrocarbon controls
criteria for burning
hazardous waste for a
purpose other than solely
as an ingredient:
CHECKLIST
REFERENCE
85,96
85
85
85
85,96
85
FEDERAL RCRA CITATION
266.103(a){5)
266.103(a)(5)(i)
(A)
266.103(a)(5)(i)
(B)
266.103(a)(5}(i)
(C)
266.103(a)(5){i)
(D)
266.103(a)(5)(ii)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 37 of 120
DCBIF93J.14 - Ravned: 09/29/93
Printed. 4/20/94
-------
OSWER DIRECTIVE NO. 9541.00-:
SPA 1
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
total concentration of
261, Appendix VIM
nonmetal compounds
exceed 500 ppm by
weight as fired and
considered burned for
destruction; reduction of
the concentration of
nonmetal compounds to
the 500 ppm limit by
bona fide treatment;
blending for dilution to
meet the 500 ppm limit
prohibited; retention of
documentation in facility
record
heating value of 5,000
Btu/lb or more, as fired.
and considered burned as
fuel; reduction of the
heating value of a waste
as-generated to below
5,000 Btu/lb limit by bona
fide treatment; blending
to augment heating value
to meet the 5,000 Btu/lb
limit prohibited; retention
of documentation in
facility record
burning hazardous waste
with heating value less
than 5,000 Btu/lb
prohibited; situation
where 5,600 Btu/lb limit
can be exceeded;
exceptions:
hazardous waste burned
solely as an ingredient
CHECKLIST
REFERENCE
85,96
85,96
85,96
96
FEDERAL RCRA CITATION
266.103(a)(5)(ii)
(A)
266.103(a)(5)(ii)
(B)
266.103(a)(6)
266.103(a)(6)(i)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
,
BRO
IN S
t
*
Page 38 of 120
DCBIF93J.14
RavMad. 09/29/
Printed: 4/2O/
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
hazardous waste burned
for purposes of
compliance testing for a
total period of time not to
exceed 720 hours
waste burned if Director
has documentation to
show that, prior to
August 21, 1991:
boiler or industrial furnace
operating under Part 265,
Subpart O or P
requirements
boiler or industrial furnace
met 270.70 interim status
eligibility requirements for
Part 265, Subpart 0 or
Subpart P
hazardous waste with a
heating value less than
5,000 Btu/lb burned prior
to August 21, 1991
such waste burned in
halogen acid furnace if
waste burned as an
excluded ingredient under
261 .2(e) prior to February
21, 1991 and
documentation kept on
file
266.111 compliance if
hazardous waste directly
transferred from transport
vehicle to boiler or
industrial furnace without
storage unit use
CHECKLIST
REFERENCE
96
96
96
96
96
96
85
FEDERAL RCRA CITATION
266.103(a)(6)(ii)
266.103(a)(6)
(iii)
266.103(a)(6)
(iiiHA)
266.103(a)(6)
(iiiHB)
266.103(a)(6)
(iiiMC)
266.103(a)(6)
(iv)
266.103(a)(7)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
•
Page 39 of 120
DCBIF93J 14 - Revwed 09/29/93
Printed 4/20/94
-------
OSWER DIRECTIVE NO. 9541.00-
SPA '
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
August 21, 1991
submittal date for
266.103(b)(2)
information; establish
limits for 266.103(b)(3)
parameters; certificate of
precompliance; burning
limited to 266. 103(b)(3)
conditions until
266.103(b)(8) revised
certification of
precompliance, or
266.103(c) certification
of compliance, or permit
is issued
information to be
submitted with
certification of
precompliance to support
determination and
compliance with operating
parameter limits
..
general facility
information
CHECKLIST
REFERENCE
85
85
85
FEDERAL RCRA CITATION
266.103(b)(1)
266.103(b)(2)
266.103(b)(2)(i)
266.103(b)(2)(i)
(A)
266.103(b)(2)(i)
(B)
266.103(b)(2)(i)
(C)
266.103(b)(2)(i)
(D)
266.103(b)(2)(i)
(E)
ANALOGOUS
STATE
CITATION
-
STATE ANALOG IS.
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BRC
IN £
|
'
Page 40 of 120
DCBIF93J 14 - Revnod 09/29
Ptmlsd 4/20
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
except for facilities
complying with Tier I or
Adjusted Tier I feed rate
screening limits provided
by 266.106(b) or (e) and
266.107{b)(1) or (e).
estimated uncontrolled
emissions of particulate
matter, each 266.106
metal, hydrogen chloride
and chlorine, and
following information to
support determinations:
feed rate of specified
materials in each
feedstream
estimated partitioning
factor to combustion gas
for 266.103(b)(2)(ii)(A)
materials, basis for
estimate,, and estimate of
partitioning to HCI and CI2
of total chloride and
chlorine in feed materials;
use best engineering
judgment or 266,
Appendix IX procedures
for industrial furnaces
that recycle collected
particulate matter and
certify compliance with
266.103(c)(ii)(A) metals
emissions standards.
estimated enrichment
factor for each metal,
using best engineering
judgment or specified
266, Appendix IX
procedures
CHECKUST
REFERENCE
85,111
85,94
85,94
85
FEDERAL RCRA CITATION
266.103(b}(2)
(ii)
266.103(b)(2)
(ii)(A)
266.103(b)(2)
(ii)(B)
266.103(b)(2)
(ii)(C)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
f
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 41 of 120
DCBIF93J.14
R»v«»d 09/29/93
Printed 4/20/94
-------
OSWER DIRECTIVE NO. 9541.00-;
SPA 1
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30,, 1993 (cant'd)
FEDERAL REQUIREMENTS
basis for best engineering
judgment; 270.11(d)
certification of
determinations included in
certification of
precompliance
for facilities complying
with Tier I or Adjusted
Tier 1 feed rate screening
limits, the feed rate of
specified materials in each
feed stream
for facilities complying
with Tier II or III emission
limits for .metals or HCI or
CI2, estimated controlled
emissions rates of
particulate matter, each
266.106 metal, HCI and
CI2, and following
information to support
determinations:
estimated air pollution
control system (ARCS)
removal efficiency for
specified materials
use best engineering
judgment or 266,
Appendix IX procedures
basis for best engineering
judgment in conformance
with 266.103(b)(2)(ii)(D)
determination of
allowable emissions rates
for specified materials and
information to support
such determinations to
include:
CHECKLIST
REFERENCE
85,94
85,111
85,94
85
85
85
85
FEDERAL RCRA CITATION
266.103(b)(2)
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cbnt'd)
FEDERAL REQUIREMENTS
for all facilities:
for owners or operators
using Tier III site specific
dispersion modeling to
determine 266.106(d) or
266.107(c) allowable
levels, or adjusted Tier I
feed rate screening limits
under 266.106{e) or
266.107(e):
for facilities complying
with Tier II or III
emissions rate controls
for metals or HCI and CI2,
comparison of 266.103(b)
(2)(iv) estimated rates
with 266.103(b){2)(v)
allowable rates
CHECKUST
REFERENCE
85
85,94
85
85
85,94
FEDERAL RCRA CITATION
266.103(b){2)
(v)(A)
266.103(b)(2)
(v)(A)(7)
266.103(b)(2)
(VKAK2)
266.103(b)(2)
(v)(A)(3)
266.103(b)(2)
(v)(A)(4)
266.103(b)(2)
(v)(A){5)
266.103(b)(2)
(v)(A)(S)
266.103(b)(2)
(v)(A)(7)
266.103(b)(2)
(v)(B)
266.103(b)(2)
(v){B){7)
266.103(b)(2)
(v)(B)(2)
266.103(b)(2)
(v)(B)(3)
266.103(b)(2)
(v)(B)(4)
266.103(b)(2)
(vi)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS.
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
•STRIN-
GENT
BROADER
IN SCOPE
Page 43 of 120
DCBIF93J.14
Revned 09/29/93
Printed- 4/20/94
-------
OSWER DIRECTIVE NO. 9541.00-:
SPA 1
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
for facilities complying
with Tier 1 or adjusted
Tier 1 feed rate screening
limits for metals or total
chloride and chlorine,
comparison of actual feed
rates determined under
266.103(b)(2)(iii) to Tier I
allowable feed rates
for industrial furnaces
that feed hazardous
waste for any purpose
other than solely as an
ingredient at any location
other than product
discharge end of device,
documentation of
266.103(a)(5)(i)(A)-(C)
compliance
for industrial furnaces
that recycle collected
particulate matter back
into the furnace and that
will certify 266.1 03(c)(3)
(ii)(A) metals emissions
standards compliance,
applicable particulate
matter standard and
precompliance limit on
metal concentration
establish limits on
266.103(b)(3)(i)-(v)
parameters consistent
with 266.103(b)(2)
determinations and certify
the facility will operate
within the limits during
interim status when there
is hazardous waste in the
unit until certain
conditions are met
CHECKLIST
REFERENCE
85
85
85
85
FEDERAL RCRA CITATION
266.103(b)(2)
(vii)
266.103(b)(2)
(viii)
266.103(b)(2)
(ix)
266.103(b)(2)
(ix)(A)
266.103(b)(2)
(ix)(B)
266.103(b)(3)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BRO/
IN SI
<
Page 44 of 120
DCBIF93J 14
Uv*>d 09:29;
Printed 4,20/
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cbnt'd)
FEDERAL REQUIREMENTS
feed rate of total
hazardous waste and
pumpable hazardous
waste
feed rate of each metal in
specified feedstreams
total feed rate of chlorine
and chloride in total
feedstreams
total feed rate of ash in
total feedstreams, except
ash feed rate for cement
kilns and .light-weight
aggregate kilns is not
limited
maximum production rate
when producing normal
product, unless complying
with the Tier I or Adjusted
Tier I feed rate screening
limits for chlorine under
266.106(b)(1) or (e) and
for all metals under
266.106(b) or (e), and
uncontrolled particulate
emissions do not exceed
266.105 standard
CHECKUST
REFERENCE
85
85,94
85
85,111
85
85
85
85,111
FEDERAL RCRA CITATION
266.103(b)(3)(i)
266.103(b)(3)
(ii)
266.103(b)(3)
(ii)(A)
266.103(b)(3)
(KXB)
266.103(b)(3)
(ii)(C)
266.103(b)(3)
(iii)
266.103(b)(3)
(iv)
266.103(b)(3)
(v)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS.
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 45 of 120
DCBIF93J 14
09/29/93
Pnrrtcd 4/20/94
-------
OSWER DIRECTIVE NO. 9541.00-
SPA '
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cbnt'd)
FEDERAL REQUIREMENTS
special operating
requirements under 266,
Appendix IX for furnaces
that recycle collected
particulate matter back
into furnace and that
certify compliance with
metals emissions controls
under 266.1 03(cK3)(iiMA)
limits on 266.103(b){3)
parameters established
and continuously
monitoring under:
instantaneous limits
hourly rolling average
basis as defined
feed rate limits for
carcinogenic metals and
lead established on either
an hourly rolling average
basis or on (up to) 24-
hour rolling average basis;
requirements for 2- to
24-hour average period:
feed rate of each metal
limited to ten times the
allowable hourly rolling
average basis feed rate
CHECKLIST
REFERENCE
85
85
85,96
85
85,94
85
85
FEDERAL RCRA CITATION
266.103(b)(4)
266.103(b)(5)(i)
266.103(b)(5)(i)
(A)
266.103(b)(5)(i)
(B)
266.103(b)(5)(i)
(B)(7)
266.103(b)(5)(i)
(B)(2)
266.103(b)(5)
(ii)
266.103(b)(5)
(iiMA)
ANALOGOUS
STATE
CITATION
•
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BRO
IN S
(
12
Page 46 of 120
DCBIF93J.14 -Revimd: 09/2
Printed: 4/2
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cbnt'd)
FEDERAL REQUIREMENTS
specifications the
continuous monitor shall
meet:
feed rate limits for metals.
total chloride and
chlorine, and ash
established and monitored
based on feedstream
concentration and flow
rate; flow rate
continuously monitored as
per 266.103(b)(5)(i) and
(ii)
on or before August 2 1 ,
1991, owner or operator
submits notice to major
local newspaper and
sends copy of notice to
State and local
government units; provide
evidence of notice
submittal for publication
with certification of pre-
compliance to Director;
notice must bear specified
title and include:
CHECKLIST
REFERENCE
85
-
85,94
85
85,94
FEDERAL RCRA CITATION
266.103(b)(5)
(iiHB)
266.103{b)(5)
(ii)(B)(7)
266.103(b)(5)
(ii)(B)(2)
266.103(b)(5)
(iii)
266.103(b)(6)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
12
Page 47 of 120
DCBIF93J U - Reviud: 09/29/93
Printed: 4/20/94
-------
OSWER DIRECTIVE NO. 9541.00-
SPA
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in :
Boilers and Industrial Furnaces as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
information to include in
public notice
when monitoring systems
for 266.103(0(1 Mv)-(xiii)
operating parameters are
installed and operating in
conformance with vendor
or 266, Appendix IX
specifications, continuous
monitoring required and
records maintained in
operating record
CHECKLIST
REFERENCE
85
85,96
85
85
FEDERAL RCRA CITATION
266.103(b)(6)(i)
266.103(b)(6)
(ii)
266.103(b)(6)
(iii)
266.103(b)(6)
(iv)
266.103(b)(6)
(v)
266.103(b)(6)
(vi)
266.103(b)(6)
(vii)
266.103(b)(6)
(viii)
266.103(b)(6)
(viiiMA)
266.1 03(b)(6)
(viiiHB)
266.103(b)(6)
(ix)
266.103(b)(6)
(x)
266.103(b)(7)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BRC
IN!
I
Page 48 of 120
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cbnt'd)
FEDERAL REQUIREMENTS
submittal of revised
certification of pre-
compliance under
266.103(b)(2)&(3)
procedures
266.103(b)(6) public
notice requirements not
applicable to
recertifications
operation of facility within
limits established for
266.103(b)(3) parameters
until 266.103(b) revised
certification or
266.103(c) certification
of compliance is
submitted
language of signed
statement that must be
included with the
certification of
precompliance
conduct emissions testing
to document compliance
with 266.104(b)-(e),
266.105-266.107 and
266.103(a)(5)(i)(D)
emissions standards;
submittal of certification
of compliance on or
before August 21, 1992
CHECKLIST
REFERENCE
85
85
85
85
85,94
FEDERAL RCRA CITATION
266.103(b)(8)
266.103(b)(8)(i)
266.103(b)(8)
(ii)
,>
266.103(b)(9)
266.103(c)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
f
Page 49 of 120
DCBIF93J.U
Rov»»d 09/29/93
Printed 4/20/94
-------
OSWER DIRECTIVE NO. 9541.00-
SPA '
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
establish limits and all
applicable emission
standards on 266.103(c)
(t)(i)-(xiii) parameters
based on operations
during compliance test or
as otherwise specified
and include with
certification of
compliance; device will be
operated within these
limits and applicable
emission standards of
266.104(b)-(e), 266.105,
266.106, 266. 107 and
266.103(a)(5)(i)(D) when
hazardous waste is in the
unit
feed rate of total
hazardous waste and
pumpable hazardous
waste
feed rate of each metal in
specified feedstreams
CHECKLIST
REFERENCE
85,94,96,
111,114
85
85
85,111
111
85
85,
111,114
FEDERAL RCRA CITATION
266.103(c)(1)
266.103(0(1 Hi)
266.103(c)(1Hii)
266.103(c)(1)(ii)
(A)
266.103(c)(1)(ii)
266.103(c)(1)(ii)
(A)(2)
266.103(c)(1)(ii)
(B)
266.103(c)(1)(ii)
(C)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BRO
IN S
I
13
13
Page 50 of 120
DCBIF93J 14 - Rev«ed 09/29
Printed 4/20
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
1 3 total feed rate of chlorine
and chloride in total feed
streams; the operating
limits for facilities that
comply with Tier I or
Adjusted Tier I feed rate
screening limits
1 3 total feed rate of ash in
total feedstreams, except
ash feed rate for cement
kilns and light-weight
aggregate kilns is not
limited
1 3 carbon monoxide
concentration and, where
required, hydrocarbon
concentration in stack
gas; CO and HC limits
1 3 maximum production rate
when producing normal
product, unless complying
with Tier I or Adjusted
Tier 1 feed rate screening
limits for chlorine under
266.107(b){1) or (e) and
for all metals under
266.106(b) or (e), and
uncontrolled particulate
emissions do not exceed
266.105 standard
1 3 maximum combustion
chamber temperature
with temperature
measured where
specified; exception
1 3 maximum flue gas
temperature entering a
particulate matter control
device; exception
CHECKLIST
REFERENCE
85,
111,114
85,94
85
85,
111,114-
85,114
85,114
FEDERAL RCRA CITATION
266.103(c){1)
(in)
266.103(c)(1)
(iv)
266.103(c)(1)
(v)
266.103(c)(1)
(vi)
266.103(c}(1)
(vii)
266.103(c)(1)
(viii)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
•
BROADER
IN' SCOPE
Page 51 of 120
DCBIF93J.14 - R«v»«d. 09/29/93
Printed: 4/20/94
-------
OSWER DIRECTIVE NO. 9541.00-
SPA '
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
13
limits for systems using
wet scrubbers, including
wet ionizing scrubbers;
exception:
1 3 systems using venturi
scrubbers, the minimum
differential gas pressure
across the venturi;
exception
13
limits for systems using
dry scrubbers; exception:
13
limits for systems using
wet ionizing scrubbers or
electrostatic precipitators;
exception
1 3 systems using fabric
filters, the minimum
pressure drop; exception
at least 30 days prior to
266.103(c)(3) compliance
testing, notify Director
and submit required
information:
CHECKLIST
REFERENCE
85,94
85
85
85,94,
114
85
85,114
85,94
85
85
85
FEDERAL RCRA CITATION
266.103(c)(1)
(ix)
266.103(0(1)
(ix)(A)
266.103(c)(1)
(ix)(B)
266.103(c)(1)
(ix)(C)
266.103(c)(1)
(x)
266.103(0(1)
(xi)
266.103(0(1)
(xi)(A)
266.103(0(1)
(xi)(B)
266.103(0(1)
(xii)
266.103(0(1)
(xiiMA)
266.103(0(1)
(xiiKB)
266.103(0(1)
(xiii)
266.103(0(2)
ANALOGOUS
STATE
CITATION
•
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BRO
INS
Page 52 of 120
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
general facility
information
specific information on
each device to be tested
CHECKLIST
REFERENCE
85
85
FEDERAL RCRA CITATION
266.1 03(c)(2)(i)
266.103(cM2)(i)
(A)
266.103(c)(2){i)
(B)
266.103(c)(2)(i)
(C)
266.103(c)(2)(i)
(D)
266.103(c)(2Mii)
266.103(c)(2)(ii)
(A)
266.103(c)(2)(ii)
(B)
266.103(c)(2Mii)
(C)
266.103(c)(2)(ii)
(D)
266.103(c)(2)(ii)
-------
OSWER DIRECTIVE NO. 9541.00-:
SPA 1
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
information on testing
planned, including
complete copy of test
protocol and QA/QC plan,
and summary description
for each test that
provides specified
information
1 3 compliance testing under
266.103(b) and
266.103(c)(2) conditions;
case by case approval to
use compliance test data
from one unit in lieu of
testing a similar on-site
unit; information required
to support owner or
operator request; approval
based on 266.103(c)
requirements
1 3 industrial furnaces that
recycle collected
paniculate matter from air
pollution control system
must test to determine
266.106(c) or (d) metals
standards compliance
using one of the following
procedures:
1 3 266, Appendix IX testing
requirements in
"Alternative Method for
Implementing Metals
Controls"
CHECKLIST
REFERENCE
85
85,96
85
85
FEDERAL RCRA CITATION
266.1 03(c)(2)
(iii)
266.103(c)(2)
(iiiXA)
266.103{c)(2)
(iii)(B)
266.103(c)(3)(i)
266.103(c)(3)(ii)
266.103(c)(3Kii)
(A)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
•
BRO
IN S
I
Page 54 of 120
DCBIF93J 14
R»v»«d: 09/29
Printed: 4/20
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
stack emissions testing
for 6 hrs/day while
hazardous waste is
burned during interim
status; conditions for
testing; analysis for
metals content to assure
266.106(c) or (d)
compliance; parameters
for which operating limits
must be established under
266.103(c)(3)
conduct compliance
testing and establish
limits on 266.103(c)(1)
parameters after kiln
system has been
conditioned and has
reached equilibrium with
metals feed and metals
emissions; conditions to
be met during
conditioning
if no simultaneous
demonstration of
266.104-266.107
compliance during a set
of test runs, operating
conditions of additional
test runs as close as
possible to original
operating conditions
CHECKLIST
REFERENCE
85
85
85
FEDERAL RCRA CITATION
266.103(c)(3)(ii)
(B)
266.1 03(c)(3)(ii)
(B)(7)
266.103(c)(3)(ii)
(B)(2)
266.103(c)(3)(ii)
(B)(3)
266.103(c)(3)(ii)
(B)(4)
266.103(c)(3)(ii)
(B)(5)
266.103{c){3)(ii)
(0
266.103(c)(3)
(iiiMA)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
•
BROADER
IN SCOPE
13
13
13
Page 55 of 120
DCBIF93J 14
vvMd 09.29/93
Prww»d 4,20/94
-------
OSWER DIRECTIVE NO. 9541.00-:
SPA 1
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
: Boilers and Industrial Furnaces as of June 30, 1993 (cont'd)
. FEDERAL REQUIREMENTS
facility to operate under
compliance test
conditions and reach
steady-state operations
before obtaining test data
to demonstrate 266.104-
266.107 emissions
standards compliance or
establishing operating
parameter limits; specific
industrial furnaces need
not reach steady-state
conditions prior to
beginning metals
compliance testing
compliance test data
obtained during emissions
sampling are used to
establish operating
parameter limits in the
certification of compliance
when parameter must be
established as per
266.103(c)(1)
within 90 days of
completing compliance
testing, certification to
Director of compliance
with 266'.104{b),(c)&(e),
266.105-266.107 and
266.103(a)(5)(i)(D)
emissions standards;
certification must include:
CHECKLIST
REFERENCE
85
85
85
FEDERAL RCRA CITATION
266.103(c)(3)
(iiiHB)
266.103(0(3)
(iiiXC)
266.103(0(4)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BRO
IN S
i
(
13
13
Page 56 of 120
DCBIF93J 14 - Revwod O9/29
Printed 4/21
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
general facility and testing
information
CHECKLIST
REFERENCE
85
85,94
85
FEDERAL RCRA CITATION
266.103(c)(4)(i)
266.103(c)(4)(i)
(A)
266.103(c)(4)(i)
(B)
266.103(c)(4)(i)
(C)
266.103(c)(4)(i)
(D)
266.103(c)(4)(i)
(E)
266.103(c){4)(i)
(F)
266.103(c)(4)(i)
(G)
266.103(c)(4)(i)
(H)
266.103(c)(4)(i)
(I)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 57 of 120
DCBIF93J 14 -Revned: 09/29/93
Printed: 4/20/94
-------
OSWER DIRECTIVE NO. 9541.00-
SPA '
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cpnt'd)
FEDERAL REQUIREMENTS
specific information on
each test
comparison of actual
emissions per test with
emissions limits
prescribed by
266.104(b),(c)&(e) and
266. 105-266. 107 and
established in 266.103(b)
certification of
precompliance
CHECKLIST
REFERENCE
85
85,94
85
85
FEDERAL RCRA CITATION
266.103(c)(4)(ii)
266.103(c)(4)(ii)
(A)
266.103(c)(4)(ii)
(B)
266.103(c)(4)(ii)
(B)(7)
266.103(c)(4)(ii)
(B)(2)
266.1O3(c)(4)(ii)
(B)(3)
266.103(c)(4)(ii)
(B)(4)
266.103(c)(4)(ii)
(B)(5)
266.103{c)(4)(ii)
(B)(6)
266.103(c)(4)(ii)
(B){7)
266.103(cH4)(ii)
(B)(8)
266.103(c)(4)(ii)
(B)(9)
266.103(0(4)
(iii)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BRO
IN S
(
Page 58 of 120
DCBIF93J 14 - FtoviMd OS/2
Printed 4/2
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
determination of operating
limits based on all valid
runs for 266.103(0(1)
parameters using one of
two procedures:
instantaneous limits
hourly rolling average
basis as defined
parameter operating limit
based on. compliance test
data and specific average
feed rate limits for
carcinogenic metals and
lead established on either
an hourly rolling average
basis or on (up to) 24-
hour rolling average basis;
requirements for 2- to
24-hour average period:
feed rate of each metal
limited to ten times the
allowable hourly rolling
average basis feed rate
specifications the
continuous monitor shall
meet
CHECKLIST
REFERENCE
85
85
85
85
85
85
85
85,94
FEDERAL RCRA CITATION
266.103(0(4)
(iv)
266.103(c)(4)
(iv)(A)
266.103(c)(4)
(iv)(B)(7)
266.103(c)(4)
(ivKBK /)(/l
266.103(c)(4)
(iv)(B)( 7 )(//)
266.103(c)(4)
(iv)(B)(2)
266.103(c)(4)
(iv)(C)
266.103(0(4)
(iv)(C)(7)
266.103(0(4)
(iv)(C)(2)
266.103(0(4)
(iv)(C)(2)(/)
266.103(0(4)
(iv)(C)(2)(/V)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
-
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 59 of 120
DCBIF93J.14 • Revtoed 09/29/93
Printed 4/20/94
-------
OSWER DIRECTIVE NO. 9541.00-
SPA
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30', 1993 (cont'd)
FEDERAL REQUIREMENTS
operating limit for feed
rate of each metal
established based on
compliance test data as
the specified average
feed rate limits for metals,
total chloride and
chlorine, and ash
established and monitored
based on feedstream
concentration and flow
rate; flow rate
continuously monitored as
per 266.1 03(c)(4)(iv)(A)-
(C)
language of statement to
accompany the
certification of compliance
if required to comply with
266.104(c) or 266.103(a)
(5)(i)(D) HC controls.
conditioned gas
monitoring system may
be used in conformance
with 266, Appendix IX
specifications, provided
certification of compliance
is submitted without
266.103(c)(7) time
extension; owners and
operators of facilities
electing to comply with
266.104(f) alternative
hydrocarbon provision
and requesting a
266.103(c)(7)(ii)(B) time
extension
CHECKLIST
REFERENCE
85
85
85
85,111
FEDERAL RCRA CITATION
•
266.1 03(c)(4)
(iv)(C)(3)
266.103(c)(4)
(iv)(D)
266.103(c)(4)
(v)
266.103(0(5)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BRC
IN !
|
Page 60 of 120
DCBIF93J 14
cvMd 09/2
Hnnt«d 4 2
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cqnt'd)
FEDERAL REQUIREMENTS
special operating
requirements for industrial
furnaces that recycle
collected particulate
matter from air pollution
control system:
266, Appendix IX
operating requirements in
"Alternative Method to
Implement the Metals
Controls" if complying
with 266.103(c)(3)(ii)(A)
operating requirements of
266.103(c)(3)(ii)(B) if
complying with that
paragraph
requirements if fail to
submit complete
certification of compliance
for 266.104-266.107
emissions standards by
August 21, 1992:
stop burning hazardous
waste and begin
266.103(1) closure
CHECKLIST
REFERENCE
85
85
85
85
85,94
FEDERAL RCRA CITATION
266.103(c)(6)
266.103(c)(6)(i)
266.103(c)(6)(ii)
266.1 03(c)(7)(i)
266.103(c)(7)(i)
(A)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 61 of 120
DCBIF93J.14 - Revised- 09/29/93
Printed 4/20/94
-------
OSWER DIRECTIVE NO. 9541.00
SPA
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
limit hazardous waste
burning only for purposes
of compliance testing
(and pretesting to prepare
for compliance testing) to
a total period of 720
hours beginning August
21, 1992; submit
notification to Director by
August 21, 1992, stating
operation under restricted
interim status and
intention to resume
hazardous waste burning;
submit complete
certification of compliance
by August 23, 1993
obtain case-by-case time
extension under
266.103(c)(7)(ii)
condition under which a
case-by-case time
extension may be
requested for any
266.103(c) time limit
in granting extension,
Director may apply
specified conditions
if time extension
requested to enable
facility to comply with
alternative hydrocarbon
provisions of 266.104(f)
and to obtain RCRA
permit because
266. 1 04(c) HC limit
cannot be met:
what Director shall
consider:
CHECKLIST
REFERENCE
85,94
85
85
85
85,111
85
FEDERAL RCRA CITATION
266.103(c)(7)(i)
(B)
266.1.03(c)(7)(i)
(0
266.103{c)(7)(ii)
266.103(c)(7)(ii)
(A)
266.103(c)(7)(ii)
(B)
266.1 03(c)(7)(ii)
(B)(/)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BR
IN
I
\
Page 62 of 120
DCBIF93J 14 - Revised: 09/:
Printed: 4/i
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cant'd)
FEDERAL REQUIREMENTS
determine if complete Part
B permit application that
includes 270.22{b)
information has been
submitted
consider if good faith
effort to certify
compliance with all other
emission controls has
been made
12 if extension granted,
require facility to operate
under 266. 104(f)(1)
baseline CO and HC flue
gas concentration limits
submit at any time a
revised certification of
compliance under specific
procedures:
prior to submittal, may
not burn hazardous waste
for more than 720 hours
under operating
conditions that exceed
those in current
certification of
compliance; such burning
conducted only to
determine if 266.104-
266.107 emissions
standards can be met
under revised conditions
at least 30 days prior to
first burning under revised
conditions, notify Director
and submit specific
information:
CHECKLIST
REFERENCE
85
85,94
85,94
85
85
85
FEDERAL RCRA CITATION
266.103{c)(7)(ii)
(B)( 7)(/)
266.103(c){7)(ii)
(B)( /)(//)
266.103(c)(7)(ii)
(B)(2)
266.103(0(8)
266.103(c)(8)(i)
266.103(c)(8)(ii)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 63 of 120
DCBIF93J.14 - Revised. 09/29/93
Pnntsd. 4/20/94
-------
OSWER DIRECTIVE NO. 9541.00
SPA
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
EPA facility ID number,
facility name, contact
person, telephone number
and address
operating conditions
owner/operator is seeking
to revise and description
of changes that prompted
need to revise
determination that under
revised operating
conditions, 266.104-
266.107 standards
unlikely to be exceeded;
266.103(b)(2) information
for documentation
complete emissions
testing protocol for
pretesting and new
compliance test, including
schedule for 266.104-
266.107 emission
standards compliance;
30-day prior written
notice if revision in
compliance test date
conduct compliance test
under revised operating
conditions and submitted
protocol to determine
266.104-266.107
emissions standards
compliance
submit revised
certification of compliance
under 266.1 03(c)(4)
CHECKLIST
REFERENCE
85
85
85
85
85
85
FEDERAL RCRA CITATION
266.103(c)(8)(ii)
(A)
266.103(c)(8)(ii)
(B)
266.103(cH8)(ii)
(C)
266.103(c)(8)(ii)
(D)
266.103(c)(8)
(in)
266.103(c)(8)
(iv)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BRi
IN
(
Page 64 of 120
DCBIF93J 14 • Revned 09/2
Printed' 4/2
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
recertification of
compliance within three
years; if recertification
under new operating
conditions, 266.103(c)(8)
compliance
if noncompliance with
interim status compliance
schedule, burning is to
terminate on date
deadline is missed,
closure to begin under
266.103(1), and no
resumption of burning
except under 270.66
operating permit; criteria
for compliance with
266.103(1), 266.112(d)
(2) and 266.113
provisions
no hazardous waste as
feed during start-up and
shut-down unless device
is operating within
certification conditions
during 266.103(c)(3)
compliance test and upon
certification of
compliance, automatic
waste feed cutoff
required; additional
requirements include:
maintenance of minimum
combustion chamber
temperature while
hazardous waste or
residues remain in
chamber to minimize
emissions of organic
compounds
CHECKLIST
REFERENCE
85
85,96
85
85
85,94
FEDERAL RCRA CITATION
266.103(d)
266.103{e)
266.103(f)
.
266.103(g)
266.103(g)(1)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS.
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
.
BROADER
IN SCOPE
Page 65 of 120
DCBIF93J 14
cvMd 09/29/93
Pr«n«d 4.20/94
-------
OSWER DIRECTIVE NO. 9541.00
SPA
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (eont'd)
FEDERAL REQUIREMENTS
if compliance with
combustion chamber
temperature limit is based
on hourly rolling average,
minimum temperature
during compliance test is
averaged over all runs of
the lowest hourly rolling
average for each run
if compliance with
combustion chamber
temperature limit is based
on instantaneous
temperature
measurement, minimum
temperature during
compliance test is time-
weighted average during
all test runs
continued monitoring of
operating parameters with
limits during cutoff; no
restart of hazardous
waste feed until
parameters comply with
limits established in
compliance certification
requirements for
controlling fugitive
emissions
CHECKLIST
REFERENCE
85
85
85
85
FEDERAL RCRA CITATION
266.103(g)(1)(i)
266.103(g)(1)
(ii)
266.103(g)(2)
266.103(h)
266.103{h){1)
266.103{h)(2)
266.1 03(h)(3)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BRl
IN
|
\
Page 66 of 120
DCBIF93J 14 . R»v»ed. 09/;
Pnm«d 4/1
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
cease burning hazardous
waste when changes in
combustion properties,
feed rates, feed
stocks/fuels or design or
operating conditions
deviate from limits
specified in compliance
certification
owner or 'Operator, while
burning hazardous waste,
must monitor and record:
specified feed rates and
composition of specified
materials to ensure
conformance with
certification
CO, HC and oxygen on a
continuous basis as
specified; monitors
installed, operated and
maintained as per 266,
Appendix IX methods
sampling and analysis as
requested by Director to
verify compliance with
266.104-266.107
standards
daily visual inspection of
boiler or industrial furnace
and associated equipment
when they contain
hazardous waste
CHECKLIST
REFERENCE
85
85
85
85
85
85
FEDERAL RCRA CITATION
266.1031!)
266.103(j)(1)
266.103(j)(1)(i)
266.103(j)(1)(ii)
266.103(j)(1)(iii)
266.103(j)(2)
ANALOGOUS
STATE
CITATION
•
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 67 of 120
DCBIF93J.14
Revised 09/29/93
Printed 4/20/94
-------
OSWER DIRECTIVE NO. 9541.00
SPA
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
test automatic feed cutoff
system and associated
alarms at least once every
7 days when hazardous
waste is burned unless
specified conditions are
demonstrated; operational
testing at least once
every 30 days
monitoring and inspection
data recorded and placed
in operating log
all 266.103-required
information and data kept
in facility operating record
until closure of the boiler
or industrial furnace unit
remove all hazardous
waste and hazardous
waste residues at closure
and comply with
265.111-265.115
CHECKLIST
REFERENCE
85
85
85,96
85
FEDERAL RCRA CITATION
266.103(j)(3)
266.103(j)(4)
266.103(k)
266.103(1)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BR>
IN
STANDARDS TO CONTROL ORGANIC EMISSIONS
except as 266.104(a)(3)
provides, DRE of 99.99%
required for all organic
hazardous constituents;
demonstration during trial
burn for each POHC in
permit for each waste
feed; DRE equation
85,94
266.104(a)(1)
i
Page 68 of 120
DCBIF93J.14 - Revmed OS/
Printed: 4/
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (oont'd)
FEDERAL REQUIREMENTS
POHC compliance with
ORE requirements to be
demonstrated in trial burn
in conformance with
270.66 procedures;
designation of POHCs for
each waste feed by
Director based on degree
of difficulty of destruction
and on waste feed
concentrations
considering analyses
submitted with Part B;
261, Appendix VIII
compounds unless
demonstration of other
compound is suitable
indicator of ORE
requirements
ORE of 99.9999% for
F020-F023, F026 or
F027 as determined from
266.104(a){1) equation;
notification of intent to
burn such wastes
owners and operators of
boilers operating under
266.1 10 requirements are
exempt from ORE trial
burn
owners and operators of
boilers or industrial
furnaces in compliance
with 266.109(a) are
exempt from DRE trial
burn
CHECKLIST
REFERENCE
85
85,94
85
85
FEDERAL RCRA CITATION
266.104(a)(2)
266.104(a)(3)
266.1 04(a)(4)
266.104(a)(5)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
•
MORE
STRIN-
GENT
.
BROADER
IN SCOPE
Page 69 of 120
DCBIF93J.U
Revaed 09/29/93
Printed 4/20/94
-------
OSWER DIRECTIVE NO. 9541.00-
SPA
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
except as 266.104(c)
provides, CO stack gas
concentration cannot
exceed 1 00 ppmv on an
hourly rolling average
basis, continuously
corrected to 7% oxygen,
dry gas basis
continuous monitoring of
CO and oxygen in
conformance with 266,
Appendix IX
specifications
demonstration of 100
ppmv CO compliance
during trial burn or
compliance test; highest
hourly rolling average CO
must not exceed 1 00
ppmv
stack gas concentration
of CO may exceed 1 00
ppmv if HC
concentrations do not
exceed 20 ppmv;
exception under
266.104(f)
HC limits established on
hourly rolling average
basis, reported as
propane, continuously
corrected to 7% oxygen,
dry gas basis
HC continuously
monitored under 266,
Appendix, IX
specifications; CO and
oxygen continuously
monitored under
266.104(b)(2)
CHECKLIST
REFERENCE
85
85,94
85
85
85
85,94
FEDERAL RCRA CITATION
266.104(b)(1)
266.104(b)(2)
266.104(b)(3)
266.104(c)(1)
266.104(c)(2)
266.104(c)(3)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
/
MORE
STRIN-
GENT
BRC
IN !
I
Page 70 of 120
DCBIF93J 14
.vMd 09.2'.
Pnntcd 4,2(
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
: Boilers and Industrial Furnaces as of June 30, 1993 (cpnt'd)
FEDERAL REQUIREMENTS
alternative CO standard
based on trial burn data
(new facility) and
compliance test (interim
status facility); definition
and implementation
industrial furnaces that
feed hazardous waste for
purpose other than solely
as an ingredient at any
location other than end
where products are
normally discharged and
fuels are normally fired
must comply with
266.104(c) or (f)
hydrocarbon limits,
irrespective of whether
266.104{b) standard is
met
site-specific risk
assessment for specific
boilers and industrial
furnaces to demonstrate
that chlorinated dibenzo-
p-dioxins and
dibenzofurans emissions
do not result in increased
lifetime cancer risk
exceeding 1 in 100,000
MEI; assessment
requirements:
determine emission rates
of certain tetraocta
congeners during trial
burn or compliance test
using 266, Appendix IX
Method 23
CHECKLIST
REFERENCE
85
85
85
85,94
FEDERAL RCRA CITATION
266.104(c)(4)
266.104(d)
266.104(6)
266.104(e)(1)
ANALOGOUS
STATE
CITATION
.
STATE ANALOG IS:
EQUIV-
ALENT
,
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 71 of 120
DCBIF93J 14 - Revised 09/29/93
Printed. 4/20/94
-------
OSWER DIRECTIVE NO. 9541.00-
SPA
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers ana Industrial Furnaces as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
estimate 2,3,7,8-TCDD
toxicity equivalence of
specified congeners using
266, Appendix IX
procedures; formula for
estimation of equivalent
emission rate
conduct dispersion
modeling using
recommended methods to
predict maximum annual
average off-site ground
level concentrations of
2,3,7,8-TCDD
equivalents; maximum
annual average on-site
concentration used when
a person resides on-site
specified 2,3,7,8-TCDD
ratio shall not exceed 1 .0
for industrial furnaces
that cannot meet the 20
ppmv HC limit because of
organic matter in raw
material. Director may
establish alternative HC
limit on case-by-case
basis; cement kilns
equipped with by-pass
duct meeting 266.104(g)
requirements not eligible
for alternative limit
CHECKLIST
REFERENCE
85,94
85
85,94,96
85
FEDERAL RCRA CITATION
266.104(e)(2)
266.104(e)(3)
266.104(e)(4)
266.104(f)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
• '
BRC
IN !
I
Page 72 of 120
DCBIF93J.14 - Revised: 09/2!
Printed: 4/2
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
demonstrate that facility
is designed and operated
to minimize HC emissions
from fuels and raw
materials and that the
facility is producing
normal products under
normal operating
conditions feeding normal
feedstocks and fuels
when baseline HC (and
CO) level is determined;
baseline HC level and CO
level defined; must be
multiple baseline levels
under certain conditions
develop approach to
monitor over time
changes in facility
operation that could
reduce baseline HC level
conduct emissions testing
during trial burn to:
determine baseline HC
(and CO) level
demonstrate that HC (and
CO) levels do not exceed
baseline level when
hazardous waste is
burned
identify types and
concentrations of 261 ,
Appendix" VIII organic
compounds that are
emitted; conduct
dispersion modeling; on-
site ground level
concentrations evaluated
if person resides on-site
CHECKLIST
REFERENCE
85,111
85
85
85
85
85,94
85
FEDERAL RCRA CITATION
266.104(f)(1)
266.104(f)(2)
266.104(f)(3)
266.104(f)(3)(i)
266.104(f)(3)(ii)
266.104(f)(3)
(in)
266.104(f)(3)
(iiiHA)
266.104(f)(3)
(inMB)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 73 of 120
DCBIF93J 14 - Ravned 09/29/93
Printed 4/20/94
-------
OSWER DIRECTIVE NO. 9541.00
SPA
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cbnt'd)
FEDERAL REQUIREMENTS
demonstrate that
maximum annual average
ground level
concentrations of
266.104(f)(3){iii)
compounds do not exceed
specified levels
monitor and report all
266.104(f) hydrocarbon
levels as 266.104(c)
(1)&(2) specify
cement kilns may comply
with CO and HC limits
under 266.104(b)-(d) by
monitoring in the by-pass
duct provided:
fire hazardous waste only
into the kiln
1 4 by-pass duct diverts
minimum of 10% of kiln
off-gas into duct
simultaneous
demonstration of
266.104 compliance by
emissions testing or
during separate runs
under identical operating
conditions; data to
demonstrate compliance
with CO and HC limits or
to establish alternative
limits must be obtained
during DRE testing,
CDD/CDF testing and
comprehensive organic
emissions testing
CHECKLIST
REFERENCE
85
85
85
85
85,94
85
FEDERAL RCRA CITATION
266.104(f)(3)
(iv)
266.104(f)(3)
(iv)(A)
266.104(f)(3)
(iv)(B)
266.104(f)(3)
(iv)(C)
266.104(f)(4)
266.104(g)
266.104(g)(1)
266.104(g)(2)
266.104(h)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BR
IN
I
Page 74 of 120
DCBIF93J 14 - Ravned 09/2
Printed 4/2
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cqnt'd)
FEDERAL REQUIREMENTS
compliance with permit
operating requirements
regarded as compliance
with 266.104; if such
compliance is insufficient,
modification or revocation
and reissuance of permit
under 270.41
CHECKLIST
REFERENCE
85
FEDERAL RCRA CITATION
266.1040)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
STANDARDS TO CONTROL PARTICULATE MATTER
particulate matter
emissions limited to 1 80
milligrams per dry
standard cubic meter
after specified correction
using Part 60, Appendix
A, Methods 1-5 and 266,
Appendix IX procedures
owner or operator
meeting 266.109(b)
requirements for low risk
waste exemption is
exempt from particulate
matter standard
compliance with permit
operating requirements
regarded as compliance
with 266.105; if such
compliance is insufficient,
modification or revocation
and reissuance of permit
under 270.41
85
85
85
266.105(a)
266.105(b)
266.105(c)
STANDARDS TO CONTROL METALS EMISSIONS
compliance with
266.106(b), (c), (d), (e),
or (f) for each 266.106(b)
metal that is detectable in
waste using specified
procedures
85,94
266.106(a)
Page 75 of 120
DCBIF93J 14 • R*vMd 09/29/93
Prwrtcd 4/20/94
-------
OSWER DIRECTIVE NO. 9541.00-
SPA
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
Tier I feed rate screening
limits for metals specified
in 266, Appendix I as a
function of terrain-
adjusted effective stack
height and terrain and
land use in facility
vicinity; criteria for
ineligible facilities in
266.107(b}(7)
feed rates of antimony,
barium, lead, mercury,
thallium and silver in all
feedstreams shall not
exceed 266, Appendix I
screening limits
what feed rate screening
limits for antimony,
barium, mercury, thallium,
and silver are based on
what feed rate screening
limit for lead is based on
feed rates of arsenic,
cadmium, beryllium and
chromium in all
feedstreams shall not
exceed values derived
from 266, Appendix I
screening limits; feed rate
limit equation
CHECKLIST
REFERENCE
85
85
85
85
85,94
FEDERAL RCRA CITATION
266.106(b)
266.106(b}(1)
266.106{b)(1)(i)
266.106(b)(1)(i)
(A)
266.106(b)(1)(i)
(B)
266.106(b){1)
(ii)
266.106(b)(1)
(iiHA)
266.106(b)(1)
(ii)(B)
266.106(b)(1)
(ii)(C)
266.106(b)(2)(i)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS.
EQUIV-
ALENT
•
LESS
STRIN-
GENT
MORE
STRIN-
GENT
SRC
IN i
|
\
Page 76 of 120
DCBIF93J 14 - Revised 09/2
Printed: 4/2
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
what feed rate screening
limits for carcinogenic
metals are based on
equation for terrain-
adjusted effective stack
height (TESH)
stack height may not
exceed 40 CFR 51.100(ii)
good engineering practice
if TESH for a particular
facility is not listed in
table in appendices,
nearest lower TESH to be
used; if TESH < 4
meters, a value of 4
meters shall be used
screening limits function
of noncomplex or
complex terrain; criteria;
use U.S. Geological
Survey 7.5-minute
topographic maps
screening limits function
of urban or rural land use;
determination using 266,
Appendix IX or X
CHECKLIST
REFERENCE
85
85,94
85
85
85
85
85,94
FEDERAL RCRA CITATION
266.106(b)(2)
(ii)
266.106(b)(2)
266.106(b)(2)
266.106(b)(3)(i)
266.106(b)(3)
(ii)
266.T06(b)(3)
(in)
266.106(b)(4)
266.106(b)(5)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS.
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 77 of 120
DCBIF93J.14 - Ravmd. 09/29/93
Printed- 4/20/94
-------
OSWER DIRECTIVE NO. 9541.00-:
SPA 1
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
facilities with multiple
stacks must comply with
screening limits for all
units assuming all
hazardous waste is fed
into device with worst-
case stack; worst-case
stack equation, with
lowest K value the worst-
case stack
criteria under which Tier
III standards or Adjusted
Tier I feed rate screening
limits apply instead of
Tier I and Tier II screening
limits
monitor feed rate of
metals in each feedstream
to ensure screening limits
are not exceeded
Tier II emission rate
screening limits function
of stack height and terrain
and land use in facility
vicinity; ineligible facilities
comply with 266.106(5)
(7) criteria
emission rates of
antimony, barium, lead,
mercury, thallium and
silver shall not exceed
266, Appendix I screening
limits
CHECKLIST
REFERENCE
85,94
85,111
85
85
85
85
FEDERAL RCRA CITATION
266.106(b)(6)
266.1 06(b)(7)
266.1 06(b)(7)(i)
266.106(b)(7)
(ii)
266.106(b}(7)
(Hi)
266.106{b)(7)
(iv)
266.106(b)(7)
(v)
266.106(b)(8)
266.106(c)
266.106(c){1)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS.
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BRO
IN S
{
\
Page 78 of 120
DCBIF93J 14 Rev»ed 09/29
Printed: 4/20
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
emission rates of arsenic,
cadmium, beryllium and
chromium shall not
exceed values derived
from 266, Appendix I
screening limits; emission
rate equation
emission rate limits
implemented by limiting
individual metal feed rates
to trial burn or compliance
test levels; averaging
periods; monitoring of
metals feed rate in each •
feedstream to ensure
compliance with 266.102
or 266.103 limits
266.106(b) definitions
and limitations for
specified terms also apply
to 266.106(c) Tier II
emission rate screening
limits
facilities with multiple
stacks must comply with
emissions screening limits
for any such stacks
assuming all hazardous
waste is fed into device
with worst-case stack
worst-case stack
determined by 266.106(b)
(6) procedures
for each metal, total
emissions from those
stacks shall not exceed
worst-case stack
screening limit
CHECKLIST
REFERENCE
85,94
85
85
85
85
85
FEDERAL RCRA CITATION
266.106(c)(2)
266.106(c)(3)
266.106(c)(4)
266.106(c)(5)(i)
266.106(c)(5)(ii)
266.106(c)(5)
(iii)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 79 of 120
DCBIF93J 14 - Revned 09/29/93
Printed 4/20/94
-------
OSWER DIRECTIVE NO. 9541.00
SPA
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
facilities complying with
either Tier III or Adjusted
Tier I controls
conformance with Tier III
metals control
demonstrated by
emissions testing;
conformance with either
Tier III or Adjusted Tier I
metals controls
demonstrated by air
dispersion modeling;
demonstration that
acceptable ambient levels
are not exceeded
266, Appendices IV and
V list acceptable ambient
levels; RACs listed for
noncarcinogenic metals
and 1 0'5 RSDs listed for
carcinogenic metals; RSD
defined
sum of the ratios of
predicted^ ambient
concentrations to risk-
specific dose for all
carcinogenic metals
emitted shall not exceed
1 .0; equation
for noncarcinogenic
metals, predicted
maximum annual average
off-site ground level
concentration shall not
exceed the RAC
CHECKLIST
REFERENCE
111
85,111
85
85,
94,111
85
FEDERAL RCRA CITATION
266.106{d)
266.106(d)(1)
266.106(d)(2)
266.106(d){3)
266.106(d)(4)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BR
IN
!
15
Page 80 of 120
OCBIF93J 14
09
Hmt«d 4
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
owners/operators with
multiple stacks must
conduct emissions testing
and dispersion modeling
to demonstrate that
aggregate emissions do
not exceed acceptable
ambient levels; exception
for facilities complying
with Adjusted Tier I
controls
under Tier III, feed rates
limited to trial burn or
compliance test levels;
averaging periods same
as under 266.106{b)(1)(i)-
(ii) and (b)(2)(ii); monitor
metals feed rate in each
feedstream to ensure
266.102 or 266.103
compliance
Adjusted Tier I feed rate
screening limits to
account for site-specific
dispersion modeling; how
to estimate adjusted feed
rate; feed rate screening
limits for carcinogenic
metals implemented under
266.106(b)(2)
alternative implementation
approaches approved by
Director on a case-by-
case basis for Tier II or III
metals emission limits
CHECKLIST
REFERENCE
85,111
85
85,94
85
FEDERAL RCRA CITATION
266.106(d)(5)
266.106(d)(6)
266.106(e)
266.106(f)(1)
ANALOGOUS
STATE
CITATION
-.
STATE ANALOG IS.
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 81 of 120
DCBIF93J 14 - Revised 09/29/93
Printed 4/20/94
-------
OSWER DIRECTIVE NO. 9541.00-
SPA
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
determination of
266.106(d) emissions
limits for each
noncarcinogenic and
carcinogenic metal
use 266, Appendix IX
Multiple Metals Train to
conduct emissions testing
chromium emissions
assumed to be hexavalent
chromium unless owner/
operator determines
otherwise
dispersion modeling
conducted according to
specified methods to
predict maximum annual
average off-site ground
level concentration; on-
site concentrations when
person resides on-site
compliance with 266.102
permit operating •
requirements regarded as
266.106 compliance
unless evidence indicates
otherwise; modification or
revocation and re-
issuance of permit under
270.41
CHECKLIST
REFERENCE
85
85,94
85
85,94
85
85
85
85
FEDERAL RCRA CITATION
266.106(f)(2)
266.106(f)(2)(i)
266.106(f){2)(ii)
266.106(f)(2){ii)
(A)
266.106(f)(2)(ii)
(B)
266.106(g)(1)
266.106(g}(2)
266.106(h)
266.106(i)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS;
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
*
BR(
IN !
|
STANDARDS TO CONTROL HYDROGEN CHLORIDE (HCI) AND CHLORINE GAS (CI2) EMISSIO
compliance with HCI and
CI2 controls under
266.107
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cqnt'd)
FEDERAL REQUIREMENTS
Tier I feed rate screening
limits for total chlorine
specified in 266,
Appendix II as a function
of stack height and terrain
and land use in facility
vicinity; feed rate of total
chlorine and chloride in all
feedstreams not to
exceed specified levels
Tier II emission rate
screening limits for HCI
and CI2 specified in 266,
Appendix III as a function
of terrain-adjusted
effective stack height and
terrain and land use in
facility vicinity; stack
emission rates not to
exceed specified levels
266.106(b) definitions
and limitations for
specified terms also apply
to 266.107(b) screening
limits
facilities with multiple
stacks subject to HCI or
CI2 emissions controls
must comply with Tier I
and II screening limits
assuming all hazardous
waste is fed into device
with worst-case stack
worst-case stack
determined by 266.106(b)
(6) procedures
CHECKLIST
REFERENCE
85
85,94
85,94
85
85
FEDERAL RCRA CITATION
266.107(b)(1)
266.107(b)(2)
266.107(b)(3)
266.107(b)(4)
266.107(b)(4)(i)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS.
EQUIV-
ALENT
•
LESS
STRIN-
GENT
-
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 83 of 120
DCBIF93J.14
Revised 09/29/93
Printed 4/20/94
-------
OSWER DIRECTIVE NO. 9541.00-
SPA
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (confd)
FEDERAL REQUIREMENTS
under Tier I, total feed
rate of chlorine and
chloride to all subject
devices not to exceed
worst-case stack
screening limit
under Tier II, total HCI
and CI2 emissions from all
subject stacks not to
exceed worst-case stack
screening limit
conformance with Tier III
controls demonstrated by
HCI and CI2 emissions
testing, air dispersion
modeling, and
demonstration that
acceptable ambient levels
are not exceeded
266, Appendix IV lists
RACs for HCI and CI2
facilities with multiple
stacks subject to HCI or
CI2 emissions controls
must conduct emissions
testing and dispersion
modeling to demonstrate
that aggregate emissions
do not exceed acceptable
ambient levels for HCI and
CI2
CHECKLIST
REFERENCE
85
85
85
85
85
FEDERAL RCRA CITATION
266.107{b)(4)
(ii)
266.107(b)(4)
(iii)
266.107(c)(1)
266.107(c)(2)
266.107(cH3)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BR(
IN I
I
Page 84 of 120
DCBIF93J.14 - Revised 09/2
Printed 4/2
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
HCI and CI2 controls
implemented by limiting
feed rate of total chlorine
and chloride in all
feedstreams; feed rate
under Tier I limited to Tier
I screening limits; feed
rate under Tiers II and III
limited to trial burn or
compliance test feed
rates; feed rate limits
based on:
adjusted Tier I feed rate
screening limits to
account for site-specific
dispersion modeling; how
to determine these
adjusted rates
emissions testing for HCI
and CI2 conducted using
266, Appendix IX
procedures
dispersion modeling
conducted, according to
266.106(h) provisions
compliance with 266.102
permit operating
requirements regarded as
266.107 compliance
unless evidence indicates
otherwise; modification or
revocation and re-
issuance of permit under
270.41
CHECKLIST
REFERENCE
85
85,94
85
85
85
85
FEDERAL RCRA CITATION
266.107(d)
266.107(d)(1)
266.107(d)(2)
266.107(e)
266.107(f)
266.107(g)
266.107(h)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
16
Page 85 of 120
DCBIF93J 14
R«va*d 0929/93
Pnntad 4.20/94
-------
OSWER DIRECTIVE NO. 9541.00
SPA
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
•
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BRI
IN
SMALL QUANTITY ON-SITE BURNER EXEMPTION
owners and operators
that burn hazardous
waste in on-site boiler or
industrial furnace exempt
from 266 Subpart H
requirements provided:
quantity of hazardous
waste burned for a
calendar month does not
exceed limits shown in
table titled "Exempt
Quantities for Small
Quantity Burner
Exemption" based on
266.106(b){3) terrain-
adjusted effective stack
height; table
maximum hazardous
waste firing rate does not
exceed 1 % of total fuel
requirements on a total
heat input or mass input
basis, whichever results
in the lower mass feed
rate of hazardous waste
minimum heating value of
5,000 Btu/lb
does not contain F020-
F023, F026 or F027
if mixed with non-
hazardous waste,
compliance with
266.108(a) quantity
before mixing
85,94
85,94
85,96
85
85
85
266.108(a)
266.108(a)(1)
266.108OH2)
266.108(a)(3)
266.108(a)(4)
266.108(b)
I
Page 86 of 120
DCBIF93J 14 - R»v»ed 09/:
Printed- 4/1
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cont'd)
'•
FEDERAL REQUIREMENTS
equation for implementing
266.108(a)(1) quantity
limits if burning in more
than one exempt on-site
boiler or industrial furnace
one-time signed, written
notification requirements
for small quantity burner
exemption
maintain for at least 3
years sufficient records
documenting quantity
firing rate and heating
value limits compliance.
including quantity burned
per calendar month and
heating value
CHECKLIST
REFERENCE
85,
94,111
85
85
FEDERAL RCRA CITATION
266.108(c)
266.108(d)
266.108(d)(1)
266.108(d)(2)
266.108(d)(3)
266.108(6)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS.
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
LOW RISK WASTE EXEMPTION
waiver of 266.104(a) DRE
standard if device is
operated in conformance
with 266.109(a)(1)and
burning will not result in
unacceptable adverse
health effects as per
266.109(a)(2) procedures
«.
operating requirements
for device
85
85
85,94,96
85
266.109(a)
266.109(a)(1)
266.109(a)(1)(i)
266.109(a)(1)(ii)
266.109(a)(1)
(iii)
266.109(a)(1)
(iv)
Page 87 of 120
DCBIF93J.14
Ravmd. 09/29/93
Printed: 4/20/94
-------
OSWER DIRECTIVE NO. 9541.00
SPA
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
procedures to
demonstrate that
hazardous waste burning
will not pose
unacceptable adverse
public health effects
conditions under which
the 266.105 paniculate
matter standard is waived
CHECKLIST
REFERENCE
85
85,94
85
85
85,94
FEDERAL RCRA CITATION
266.1 09(a)(2)
266.109(a)(2)(i)
266.109(a)(2)(ii)
266.109(a)(2)
(Hi)
266.109(a)(2)
(iii)(A)
266.109(a)(2)
diiHB)
266.109(a)(2)
(iv)
266.109(a)(2)
(iv)(A)
266.109(a)(2)
(iv)(B)
266.109(a)(2)
(iv)(C)
266.109(b)
266.109(b)(1)
266.109(b)(2)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS-
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BRl
IN
I
WAIVER OF DRE TRIAL BURN FOR BOILERS
boilers operating under
266.1 10 requirements
and that do not burn
F020-F023, F026 or
F027 considered in
compliance with
266.104(a) DRE standard,
and trial burn to
demonstrate DRE is
waived; when burning
hazardous waste:
85
266.110
Page 88 of 120
DCBIF93J.14 - Revi««d: 09/1
Printed V.
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
:Boilers and Industrial Furnaces as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
"primary fuel" defined;
minimum of 50% primary
fuel firing rate,
determined on total heat
or mass input basis,
whichever results in the
greater mass feed rate
boiler load defined and
not less than 40%
minimum as-fired heating
value of 8,000 Btu/lb
conformance with
266.104(b)(1) carbon
monoxide standard;
boilers subject to
266.1 10 DRE waiver not
eligible for 266.104(c)
alternative carbon
monoxide standard
boiler must be water-tube
type that does not feed
fuel using a stoker or
stoker type mechanism
conditions under which
hazardous waste shall be
fired directly into primary
fuel flame zone of
combustion chamber with
an air or steam,
mechanical or rotary cup
atomization system
CHECKLIST
REFERENCE
85,96
85
85
85
85
85
85,94
85
FEDERAL RCRA CITATION
266.110(a)
266.1 10(b)
266.110(c)
266.110(d)
266.110(e)
266.110(f)
266.110(f)(1)
266.110(f)(2)
266.110(f)(3)
266.110(f)(4)
ANALOGOUS
STATE
CITATION
;
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
• •
BROADER
IN SCOPE
Page 89 of 120
DCBIF93J.14 • Rovwod 09/29/93
Printed 4/20/94
-------
OSWER DIRECTIVE NO. 9541.00
SPA
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
: Boilers and Industrial Furnaces as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
Bfl
IN
STANDARDS FOR DIRECT TRANSFER
266.111 regulations
apply to boilers and
industrial furnaces subject
to 266.102 or 266.103 if
direct transfer of
hazardous waste from
transport vehicle to boiler
or industrial furnace
without use of storage
unit
for 266.1 11, terms have
meanings given in
266.1 11(b)(1)
"direct transfer
equipment"
"container"
"tank systems" means
direct transfer equipment
when Subparts I and J of
Parts 264 and 265 are
referenced
no direct transfer of
pumpable hazardous
waste from open-top
container to boiler or
industrial furnace
direct transfer equipment
requirements
85
85
85
85
85
85
85
266.111(a)
266.1 11(b)(1)
intro
266.1 11{b)(1)
266.1 11(b)(1)
266.1 11(b)(2)
266.111{c)(1)
266.1 11(c)(2)
'
Page 90 of 120
DCBIF93J 14 R*viMd 09/2
Pnnud 4/2
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and industrial Furnaces as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
direct transfer of
hazardous waste to boiler
or industrial furnace
conducted so that it does
not result in any
266.1 1 1 (c)(3)(i)-(vi)
situation
conditions under which
hazardous waste shall not
be placed in direct
transfer equipment
appropriate controls and
practices to prevent spills
and overflows from direct
transfer equipment or its
secondary containment
system
applying 266.1 1 1(b)(1)
definition of container,
owners and operators
must comply with:
264.175 containment
requirements
CHECKLIST
REFERENCE
85
85
85
85
85
FEDERAL RCRA CITATION
266.111(0(3)
266.1 11(c)(3)(i)
266.1 11(c)(3)(ii)
266.1 11(c)(3)
(iii)
266.1 11(c)(3)
(iv)
266.1 11(c)(3)
(v)
266.111(0(3)
(vi)
266.111(0(4)
266.1 11(c)(5)
266.1 11(O(5)(i)
266.1 11(O(5)(ii)
266.1 11(d)
266.1 11(d)(1)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 91 of 120
DC6IF93J.14 -R«v»od. 09/29/93
Printed 4/20/94
-------
OSWER DIRECTIVE NO. 9541.00
SPA
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
use and management
requirements of Subpart 1,
Part 265 requirements,
except 265.170 and
265.174; compliance
with specified
maintenance and
protective distances in
lieu of 265.176
requirements; written
certification by local fire
marshal! to be kept on file
264.178 closure
requirements
direct transfer equipment
must meet following
requirements:
secondary containment
requirements for new and
existing equipment
for existing direct transfer
equipment without
secondary containment,
determination whether
leaking or unfit for use;
written assessment
reviewed and certified by
qualified, registered
professional engineer in
accordance with
270.11(d) by August 21,
1992 *
CHECKLIST
REFERENCE
85,96
85
85
85
85
FEDERAL RCRA CITATION
>
266.1 11(d)(2)
266.1 11(d)(3)
266.111(e)
266.1 11(e)(1)
266.1 11(e)(1)(i)
266.1 11(e)(1)(ii)
266.1 11(e)(2)(i)
ANALOGOUS
STATE
CITATION
••
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BR
IN
Page 92 of 120
DCBIF93J.14 - Ravmd: 09/:
Printed: 4/1
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
minimum considerations
for assessment
if, due to 266.1 11{e)(2)
(i)&(ii) assessment, direct
transfer equipment found
to be leaking or unfit for
use, compliance with
265.196(a) and (b)
inspection requirements
at least once each
operating hour when
transferring hazardous
waste from container to
boiler or industrial furnace
inspect cathodic
protection systems to
ensure 265.195(b)
compliance
records of inspections
' maintained in operating
record for at least 3 years
265.192 compliance for
design and installation of
new ancillary equipment
CHECKLIST
REFERENCE
85
85
85
85
85
85
FEDERAL RCRA CITATION
266.1 11(e)(2)(ii)
266.1 11(e)(2)(ii)
(A)
266.1 11(e)(2)(ii)
(B)
266.1 11(e)(2)(ii)
(0
266.1 11(e)(2)(ii)
(D)
266.1 11(e)(2)(ii)
(E)
266.1 11(e)(2)
(Hi)
266.1 11(e)(3)(i)
266.1 11(e)(3)(i)
(A)
266.1 11(e)(3Ki)
(B)
266.1 11(e)(3)(i)
(C)
266.1 11(e)(3)(ii)
266.1 11(e)(3)
(iii)
266.1 11(e)(4)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 93 of 120
DCBIF93J.14 - Revwed 09/29/93
Printed 4/20/94
-------
OSWER DIRECTIVE NO. 9541.00-
SPA '
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cdnt'd)
FEDERAL REQUIREMENTS
265.196 compliance for
response to leaks or spills
265.197 closure
compliance, except
265.197(c)(2)-(4)
CHECKLIST
REFERENCE
85
85
FEDERAL RCRA CITATION
266.1 11(e)(5)
266.1 11(e)(6)
ANALOGOUS
STATE
CITATION
,_
STATE ANALOG IS.
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BRC
IN S
17 REGULATION OF RESIDUES
residue derived from
burning or processing of
hazardous waste is not
excluded under 261.4(b)
(4), (7) or (8) unless
device and owner or
operator meet the
following requirements:
criteria the device must
meet:
demonstration by owner
or operator that
hazardous waste does not
significantly affect residue
by demonstrating
conformance with either
of two criteria:
comparison of waste-
derived residue with
normal residue for 261,
Appendix VIII
constituents; procedures
to be used
85,94
85
85,96
85
85
85
L266.112
266.112(a)
266.1 12(a)(1)
266.112(a)(2)
266.1 12(a)(3)
266.112(b)
266.112(b)(1)
i
18
Page 94 of 120
DCBIF93J.14 -Revised 09/2!
Printed- 4/2(
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
determination of
concentrations of toxic
constituents of concern in
normal residue based on
analyses of a minimum of
10 samples representing a
minimum of 1 0 days of
operation; determine
compositing period not to
exceed 24 hours; upper
tolerance limit (at 95%
confidence with a 95%
proportion of the sample
distribution) for the
statistically-derived
concentration; when to
revise; how to determine
the upper tolerance limit
sampling and analysis of
waste-derived residue to
determine whether
residue generated during
each 24-hour period has
concentrations of toxic
constituents higher than
266.112(b)(1)(i) normal
residue concentrations; if
so, residue not excluded
from definition of
hazardous waste; toxic
constituent
concentrations based on
analysis of samples
obtained over 24-hour
period; for multiple
samples, concentration of
toxic constituent is
arithmetic mean; no
results may be
disregarded
CHECKLIST
REFERENCE
85,96
85,96
FEDERAL RCRA CITATION
266.112(b)(1)(i)
266.112(b)(1)
(ii)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS.
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
18
Page 95 of 120
DCBIF93J 14
09,29/93
Pmit«1 4,20/94
-------
OSWER DIRECTIVE NO. 9541 .OC
SPA
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
concentration of each
nonmetal toxic
constituent of concern in
waste-derived residue
must not exceed health-
based limits specified in
266, Appendix VII or level
detection using SW-846
analytical procedures; if
no limit in Appendix VII,
limit is 0.002 mg/kg or
level of detection,
whichever is higher
for metal constituents, in
extract concentration
obtained using 261.24
TCLP not to exceed 266,
Appendix VII limits
sampling and analysis of
waste-derived residue to
determine whether
residue generated during
each 24-hour period has
concentrations of toxic
constituents higher than
health-based levels;
determination of toxic
concentrations based on
analysis of one or more
samples obtained over
24-hour period; for
multiple samples.
concentration of toxic
constituent is arithmetic
mean of concentrations in
samples; no results may
be disregarded
CHECKLIST
REFERENCE
85,111
85
96
FEDERAL RCRA CITATION
266.1 12(b)(2)(i)
266.112(b){2)
(ii)
266.1 12(b)(2)
(iii)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BF
IN
j
Page 96 of 120
DCBIF93J.14 - R»vi»ed 091
Printed 4/
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
records to document
266.1 1 2 compliance to
be retained until closure
of boiler or industrial
furnace unit; information
to be recorded
CHECKLIST
REFERENCE
85,96
85
FEDERAL RCRA CITATION
266.112(c)
266.1 12(c)(1)
266.112(c){2)
266.112(c)(2)(i)
266.112(c)(2)(ii)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
APPENDIX I TO PART 266
TIER I AND TIER II FEED RATE AND EMISSIONS SCREENING LIMITS FOR METALS
Tier I and Tier II Feed
Rate and Emissions
Screening Limits for
Noncarcinogenic Metals
for Facilities in
Noncomplex Terrain (see
56 FR 7228 and 56 FR
32690 or the July 1 ,
1992CFR)
Tier 1 and Tier II Feed
Rate and Emissions
Screening Limits for
Noncarcinogenic Metals
for Facilities in
Noncomplex Terrain (see
56 FR 7229)
Tier 1 and Tier II Feed
Rate and Emissions
Screening Limits for
Noncarcinogenic Metals
for Facilities in Complex
Terrain (see 56 FR 7229)
Tier 1 and Tier II Feed
Rate and Emissions
Screening Limits for
Carcinogenic Metals for
Facilities in Noncomplex
Terrain (see 56 FR 7230
and 56 FR 32690 or the
July 1, 1992CFR)
85,94
85
85
85,94
Appendix I/
Table I-A
Appendix I/
Table I-B
Appendix I/
Table I-C
Appendix I/
Table I-D
•
Page 97 of 120
DCBIF93J 14 - Rovned: 09/29/93
Pnrrted: 4/20/94
-------
OSWER DIRECTIVE NO. 9541.00-
SPA
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
Tier I and Tier II Feed
Rate and Emissions
Screening Limits for
Carcinogenic Metals for
Facilities in Complex
Terrain (see 56 FR 7230
and 56 FR 32690, or the
July 1, 1992 CFR)
CHECKLIST
REFERENCE
85,94
FEDERAL RCRA CITATION
Appendix I/
Table I-E
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BR(
IN !
APPENDIX II TO PART 266
TIER I FEED RATE LIMITS FOR TOTAL CHLORINE
1 9 Tier I feed rate screening
limits for 'chlorine for
facilities in noncomplex
and complex terrain (see
56 FR 32690-32691 or
the July 1 , 1 992 CFR)
85,94
Appendix II
APPENDIX III TO PART 266
TIER II EMISSION RATE SCREENING LIMITS FOR FREE CHLORINE AND HYDROGEN CHLORIDl
1 9 Tier II emissions screening
limits for CI2 and HCI in
non-complex and complex
terrain (see 56 FR 32691
or the July 1 , 1 992 CFR)
85,94
Appendix III
APPENDIX IV TO PART 266
REFERENCE AIR CONCENTRATIONS
Constituents, CAS Nos.
and RAC (see 56 FR
7232 and 56 FR 32691
or the July 1, 1992 CFR)
85,94
Appendix IV
APPENDIX V TO PART 266
RISK SPECIFIC DOSES
Constituents, CAS Nos.,
Unit risk and RsD (see 56
FR 7232-7233 or the July
1, 1992 CFR)
85
Appendix V
Page 98 of 120
DCBIF93J.14 - Revised 09/1
Printed: 4/:
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
APPENDIX VI TO PART 266
STACK PLUME RISE
flow rates and exhaust
temperatures (see 56 FR
7233-7234 or the July 1 ,
1992CFR)
85
Appendix VI
APPENDIX VII TO PART 266
HEALTH-BASED LIMITS FOR EXCLUSION OF WASTE-DERIVED RESIDUES
Metals-TCLP Extract
Concentration Limits (56
FR 7234 and 56 FR
32691 or the July 1,
1992CFR)
Nonmetals-Residue
Concentration Limits (see
56 FR 7234 and 56 FR
32691 or the July 1,
1992CFR)
85,94
85,94
Appendix VII
Appendix VII
APPENDIX VIM TO PART 266
POTENTIAL PICs FOR DETERMINATION OF EXCLUSION OF WASTE-DERIVED RESIDUES
PICs Found in Stack
Effluents (see 56 FR
7235 and 56 FR 32691
or the July 1 , 1 992 CFR)
85,94
Appendix VIII
APPENDIX IX TO PART 266
METHODS MANUAL FOR COMPLIANCE WITH BIF REGULATIONS
20 Burning Hazardous Waste
in Boilers and Industrial
Furnaces (see 56 FR
32692-32795 or the July
1, 1992 CFR)
20 Classification of Land Use
Types (see 56 FR 32770
and 57 FR 38566)
85,94
85,
94,111
Appendix IX
Appendix IX/
Section 5.0/
Table 5.0-3
Page 99 of 120
DCBIF93J 14 - R«v»«d 09/29/93
Printed 4/20/94
-------
OSWER DIRECTIVE NO. 9541.00-
SPA
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
20, ISCST Predicted
21 Maximum Concentrations
(see 5 6 FR 32771; 57 FR
38566; and 57 FR
44999)
20, ISCST Predicted
21 Maximum Concentrations
(see 56 FR 32772-
32773; 5.7 FR 38566;
and 57 FR 44999)
20 Simplified Land Use
Classification Procedure
for Compliance with Tier I
and Tier II Limits (see 56
FR 32782-32783 or the
July 1, 1991 CFR; and 57
FR 38566)
20, Statistical Methodology
22 for Bevill Residue
Determinations (see 56
FR42516 & 4251 7)
20 Special procedures for
chlorine, HCI and CL2 (see
56 FR 32786-32787 and
56 FR 42512, Corrections
6 and 7 under Part 270;
note these corrections
should have been placed
under Part 266)
23 Statistics (see 56 FR
32796 or, the July 1 ,
1992 CFR)
CHECKLIST
REFERENCE
85,94,
111,114
85,94,
111,114
85,
94,111
85,94,96
85,94,96
85,94
FEDERAL RCRA CITATION
Appendix IX/
Section 5.0/
Table 5.0-4
Appendix IX/
Section 5.0/
Table 5.0-5
Appendix IX/
Section 6.0
Appendix IX/
Section 7.0
Appendix IX/
Section 9.2
Appendix A to
Appendix IX
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
•
BRl
IN
23
APPENDIX X TO PART 266
GUIDELINE ON AIR QUALITY MODELS (REVISED)
Guideline on Air Quality
Models (see 56 FR
32796-328 19 or the July
1, 1992 CFR)
85,94 >
Appendix X
-
DCBIF93J 14 R»v»*d 09/
Page 1 00 of 1 20 pmt.« *<
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
Summaries of Preferred
Air Quality Models (see
56 FR 328 19-32828 or
the July 1 , 1 992 CFR)
Summaries of Alternative
Air Quality Models (see
56 FR 32828-32849 or
the July 1. 1992 CFR)
Example Air Quality
Analysis Checklist (see 56
FR 32849-32852 or the
July 1, 1992 CFR)
CHECKLIST
REFERENCE
85,94
85,94
85,94
/
FEDERAL RCRA CITATION
Appendix A to
Appendix X
Appendix B to
Appendix X
Appendix C to
Appendix X
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
'MORE
STRIN-
GENT
BROADER
IN SCOPE
APPENDIX XI TO PART 266
LEAD-BEARING MATERIALS THAT MAY BE PROCESSED IN EXEMPT LEAD SMELTERS
add new appendix
addressing lead-bearing
materials that may be
processed in exempt lead
smelters (see 56 FR
42517)
96
Appendix XI
APPENDIX XII TO PART 266
NICKEL- OR CHROMIUM-BEARING MATERIALS THAT MAY BE PROCESSED IN EXEMPT NICKEL-
CHROMIUM RECOVERY FURNACES
add new appendix
addressing nickel or
chromium-bearing
materials that may be
processed in exempt
nickel-chromium recovery
furnaces {see 56 FR
42517)
96
Appendix XII
Page 101 of 120
DC8IF93J.14
Ravmd- 09/29/93
Printed: 4/20/94
-------
OSWER DIRECTIVE NO. 9541.00-
SPA
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
CHECKUST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BR(
IN:
PART 270 - EPA ADMINISTERED PERMIT PROGRAMS:
THE HAZARDOUS WASTE PERMIT PROGRAM
SUBPART B - PERMIT APPLICATION
24 SPECIFIC PART B INFORMATION REQUIREMENTS FOR BOILERS AND INDUSTRIAL FURNACE!
BURNING HAZARDOUS WASTE
owners and operators
subject to 266.104-
266.107 must conduct a
trial burn and must submit
a trial burn plan or results
in accordance with
270.66
waiver of trial burn to
demonstrate conformance
with a particular emission
standard under 266.104-
266.107 and 270.22(a)
(2)-(a)(5)'
data in lieu of a trial burn
as 270.22(a)(6) specifies
boiler owners and
operators seeking to be
permitted under
266.104(a)(4)and
266.1 10; must submit
documentation showing
boiler compliance with
special operating
requirements at 266.1 10;
trial burn waived
85
85
85
85
270.22(a)(1)
270.22(a)(1)(i)
270.22(a)(1)(ii)
270.22(a)(2){i)
*,
Page 102 of 120
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OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
information that must be
submitted for boilers and
industrial furnaces
seeking to be permitted
under the low risk waste
provisions of 266.104(a)
(5) and 266.109(a)
without a trial burn
information that must be
submitted when seeking
to be permitted under Tier
1 metals feed rate
screening limits at
266.106(b)&(e) without a
trial burn
when seeking to be
permitted under the low
risk waste provisions of
266.109(b) which waives
the particulate standard,
submit documentation
supporting 270.22(a}(2)
(ii) and (a)(3)
conformance
CHECKLIST
REFERENCE
85
85,94
85
85
85
FEDERAL RCRA CITATION ,
270.22(a)(2)(ii)
270.22(a)(2)(ii)
(A)
270.22(a)(2)(ii)
(B)
270.22(a)(2)(ii)
(C)
270.22(a)(2)(ii)
(D)
270.22(a)(2)(ii)
(E)
270.22(a)(3)
270.22(a)(3)(i)
270.22{a)(3)(ii)
270.22(a)(3)(iii)
270.22(a)(3)(iv)
270.22(a)(3)(v)
270.22(a)(3)(vi)
270.22(a){3)(vii)
i
270.22(a)(4)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
••
BROADER
IN SCOPE
Page 103 of 120
DCBIF93J.U - fovmd: 09/29/93
Pnnttd: 4/20/94
-------
OSWER DIRECTIVE NO. 9541.00
SPA
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
information to be
submitted when seeking
to be permitted under Tier
I feed rate screening
limits for total chloride
and chlorine under
266.1 07(b)(1) and (e)
provisions without a trial
burn
owner or .operator may
seek exemption from trial
burn requirements
demonstrating 266.104-
266.107 conformance, by
providing information
from previous compliance
testing of the device or
compliance testing or trial
burns of similar boilers or
industrial furnaces;
burning similar wastes
under similar conditions
270.66 design and
operation information
required; conditions under
which Director shall
approve a permit
application in lieu of a trial
burn; additional
information to be
submitted
CHECKLIST
REFERENCE
85
85,94
85,94
FEDERAL RCRA CITATION
270.22{a)(5)
270.22(a)(5)(i)
270.22(a)(5)(ii)
270.22(a)(5)(iii)
270.22(a)(5)(iv)
270.22(a)(5)(v)
270.22(a)(5)(vi)
270.22(a)(5)(vii)
270.22(a)(6)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BR
IN
Page 104 of 120
DCBIF93J.U • Ravned: 09A
Pnm»d. 4/
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OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
for a waiver from any trial
burn:
for a waiver of DRE trial
burn, basis for selection
of the POHCs used in
other burns which
demonstrate 266.104(a)
compliance; analysis
should specify 261,
Appendix VIII
constituents in hazardous
waste for which a permit
is sought and any
differences from POHCs
for which data are
provided
minimum information to
be submitted for industrial
furnaces with organic
matter in raw materials
requesting an alternative
HC limit under 266.104(f)
CHECKLIST
REFERENCE
85
85
85
85,94
85
FEDERAL RCRA CITATION
270.22(a)(6)(i)
270.22(a)(6)(i)
(A)
270.22(a)(6)(i)
(B)
270.22(a)(6)(i)
(C)
270.22(a)(6)(ii)
270.22(b)
270.22{bK1)
270.22(b)(2)
270.22{b)(3)
270.22(b)(4)
270.22(b)(4)(i)
270.22(b)(4)(ii)
270.22(b)(5)
270.22(b)(6)
ANALOGOUS
STATE
CITATION
•
STATE ANALOG IS:
EQUIV-
ALENT
'
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 105 of 120
DCBIF93J 14 • Rov««d 09/29/93
Primed 4/20/94
-------
OSWER DIRECTIVE NO. 9541.00
SPA
CONSOLIDATED CHECKLIST: "Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cbnt'd)
FEDERAL REQUIREMENTS
when seeking to be
permitted under
266.106(f) alternative
metals implementation
approach, submit
documentation that
ensures 266.106(c) or (d)
compliance and how
approach can be
implemented and
monitored; provide other
information as Director
finds necessary
describe automatic waste
feed cutoff system.
including .any pre-alarm
systems
use of direct transfer
operations requires
submittal of information
supporting 266.111
conformance
demonstration of
266.1 12 conformance if
claim is made that
residues are excluded
from regulation
CHECKLIST
REFERENCE
85
85
85
85
FEDERAL RCRA CITATION
270.22(c)
270.22(d)
270.22(e)
270.22(f)
ANALOGOUS
STATE
CITATION
-.
STATE ANALOG IS:
EQUIV-
ALENT
'
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BF
IN
SUBPART D - CHANGES TO PERMITS
25 PERMIT MODIFICATION AT THE REQUEST OF THE PERMITTEE
replace "270.21" with
"270.22" and "and
270.63" with "270.63
and 270.66"
paragraph heading is
changed to "Newly
regulated wastes and
units"
94
85
270.42(c)(1)(iv)
270.42(g)
Page 106 of 120
DCBIF93J.14 - Revised 09
Printed: 4
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
add wording at end of
paragraph regarding the
continued management of
hazardous waste in units
newly regulated as
hazardous waste
management units;
change "wates" to
"wastes"
insert "The unit" before
"was in existence"; add
"or newly regulated
waste management unit"
after "characterized
waste"; add "or
regulating the unit" at end
of paragraph; change
"effetive" to "effective"
insert "The permittee"
before "submits"; insert
"or unit" after "waste"
insert "The permittee"
before "is"; insert
"applicable" before
"standards"; change "Part
265" to "Parts 265 and
266 of this chapter"
delete "In the case of
Classes 2 and 3
modifications,"; insert
"The permittee" before
"also"; replace "permit
modification" with "Class
2 or 3 modification";
change " 1 80 days after"
to "180 days of"; add "or
subjecting the unit to
RCRA Subtitle C
management standards"
to end of paragraph
CHECKLIST
REFERENCE
85,94
85,94
85
85
85,94
FEDERAL RCRA CITATION
270.42(g)(1)
270.42(g)(1)(i)
270.42(g)(1)(ii)
270.42(g)(1Miii)
270.42(g)(1)(iv)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 107 of 120
DCBIF93J.14 -ReviMd: 09/29/93
Printed: 4/20/94
-------
OSWER DIRECTIVE NO. 9541.0<
SPA
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
insert "the permittee"
before "certifies"; insert
"each" before "such
unit"; change "Part 265"
to "requirements of Part
265 of this chapter for";
add ", or regulating the
unit as a hazardous waste
management unit" after
"hazardous"; change
"clarify" to "certify";
insert "all" before "these
requirements"; change
"shall lose" to "will lose"
CHECKLIST
REFERENCE
85
FEDERAL RCRA CITATION
270.42(g)(1)(v)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
Bl
ir
26
Page 108 of 120
DCBIF93J 14 - Revmod 09
Printed: 4
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
change heading of "L." to
"Incinerators, Boilers, and
Industrial Furnaces"; in
"L.1." & "L.2." replace "a
waste feed rate limit, or
an organic feed rate limit"
with "a feed-stream feed
rate limit, a chlorine/
chloride feed rate limit, a
metal feed rate limit, or
an ash feed rate limit"; in
"L.3." replace "HCI" with
"HCI/CI2 metals,"; in
"L.3." & "L.4." insert ",
boiler, or industrial
furnace" after "incinera-
tor"; in "L.5." replace "."
after "requirements" with
":"; in "L.5.a." insert "or
maximum" before "com-
bustion gas temperature"
& add "flue gas carbon
monoxide and hydro-
carbon concentration.
maximum temperature at
the inlet to the particulate
matter emission control
system, or operating
parameters for the air
pollution control system"
after "chamber"; change
"L.6." heading to "Burn-
ing different wastes:"; in
"L.6.a." change "incine-
ration" to "burning"; in
"L.6.a. & b." change all
"to incinerate" to "to
burn"; in "7.b." change
"waste incineration" to
"waste burning"; in "L.8."
insert "non-hazardous
waste before "fuel"
CHECKLIST
REFERENCE
85,94
FEDERAL RCRA CITATION
i
270.427
Appendix 1
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 109 of 120
DCBIF93J.14 -R«v»«d: 09/29/93
Printed: 4/20/94
-------
OSWER DIRECTIVE NO. 9541.00
SPA
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BR
IN
SUBPART F - SPECIAL FORMS OF PERMITS
PERMITS FOR BOILERS AND INDUSTRIAL FURNACES BURNING HAZARDOUS WASTE
new boilers and industrial
furnaces subject to
270.66(b)-(f); those under
interim status standards
of 266.103 subject to
270.66(g)
permit for new boiler or
industrial furnace shall
specify appropriate
conditions for the
following operating
periods:
pretrial burn period
described; Director must
establish in Pretrial Burn
Period of permit
conditions, allowable
hazardous waste feed
rates and operating
conditions; extension of
period for up to 720
additional hours; permit
may be modified to reflect
extension as per 270.42
submittal of statement
with Part B that suggests
operating conditions for
266.104-^266.107
compliance during period,
including restrictions on
266.102(e) operating
requirements
85
85
85
85
270.66(a)
270.66(b)
270.66(b)(1)
270.66(b)(1)(i)
»
Page 110 of 120
DCBIF93J 14
cvMd 09,
Pnnud 4,
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cbnt'd)
FEDERAL REQUIREMENTS
review of Part B materials
and specification by
Director of requirements
sufficient to meet
266.104-266.107
performance standards
based on engineering
judgment
for duration of trial burn,
Director establishes
conditions in permit to
determine feasibility of
compliance with
266.104-266.107
standards and to
determine adequate
266.102(e) operating
conditions; applicants
must propose a trial burn
plan as per 270.66(c) and
submit with Part B
for defined minimum
period immediately
following trial burn, during
which submission and
review of trial burn results
and modification of permit
by Director occurs,
Director establishes
operating requirements
most likely to ensure
compliance with
266.104-266.107
standards
CHECKLIST
REFERENCE
85
111,114
85
85
FEDERAL RCRA CITATION
270.66(b){1)(ii)
270.66(b)(2)
270.66(b)(3)(i)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
.
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 111 of 120
DCBIF93J.14 -Rovmod 09/29/93
Pnntad: 4/20/94
-------
OSWER DIRECTIVE NO. 9541.00-
SPA '
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
submittal of statement
with Part B that identifies
operating conditions for
266.104-266.107
compliance during period,
including restrictions on
266.102(e) operating
requirements
review and specification
by Director of
requirements sufficient to
meet 266. 104-266. 107
performance standards
based on engineering
judgment
for final period of
operation. Director
develops operating
requirements in
conformance with
266.102(e) and 266.104-
266.107 standards;
Director shall make
necessary modifications
to permit as per 270.42
based on trial burn results
to ensure compliance
information the trial burn
plan must include;
Director may require
supplemental information
analysis of each
feedstream, as fired
CHECKUST
REFERENCE
85
85
85,94
85
85
FEDERAL RCRA CITATION
270.66(b)(3)(ii)
270.66(b)(3)(iii)
270.66{b)(4)
270.66(c)
270.66(c)(1)
270.66(c)(1)(i)
270.66{c)(1)(ii)
ANALOGOUS
STATE
CITATION
"
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BRC
IN i
Page 112 of 120
DCBIF93J 14 - Revimd: 091
Printed: 4/
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cpnt'd)
FEDERAL REQUIREMENTS
analysis of each
hazardous waste, as fired
detailed engineering
description of boiler or
industrial furnace
detailed description
of sampling and
monitoring procedures
detailed test schedule for
each hazardous waste for
which the trial burn is
planned
detailed test protocol
description of, and
planned operating
conditions for, any
emission control
equipment to be used
procedures for rapid
stopping of hazardous
waste feed and emissions
control if an equipment
malfunction
CHECKLIST
REFERENCE
85
85,94
85
85
85,94
85
85
85
85
85
85
t
FEDERAL RCRA CITATION
270.66(c){2)
270;66(O(2)(i)
270.66(cM2Kii)
270.66(c)(2)(iii)
270.66(c)(3)
270.66(c)(3)(i)
270.66(c)(3)(ii)
270.66(c)(3)(iii)
270.66{c)(3)(iv)
270.66(c)(3)(v)
270.66(c)(3)(vi)
270.66(c)(3)(vii)
270.66(0(3)
(viii)
270.66(0(4)
270.66(0(5)
270.66(0(6)
270.66(0(7)
270.66(0(8)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
•
BROADER
IN SCOPE
Page 113 of 120
OCBIF93J.U -Ravwod. 09/29/93
Printed: 4/20/94
-------
OSWER DIRECTIVE NO. 9541.00
SPA
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
other information Director
finds necessary
trial burn conducted to
demonstrate conformance
with 266.104-266.107
standards under an
approved trial burn plan
findings under which the
Director shall approve a
trial burn plan
submit to Director within
90 days of trial burn
completion a certification
that trial burn was carried
out in accordance with
approved plan and results
of all 270.66(c) required
determinations
submit all data collected
during any trial burn
270.66(d) submissions
must be certified by
signature, of person
authorized to sign permit
application or 270.11
report
for DRE trial burn under
266.104(a), Director will
specify trial POHCs; basis
for specification
«,
determinations to be
made based on each trial
burn:
CHECKLIST
REFERENCE
85
85
85
85
85
85
85
85
FEDERAL RCRA CITATION
270.66(c){9)
270.66(d)(1)
270.66(d)(2)
270.66(d)(2)(i)
270.66(d)(2Mii)
270.66(d)(2)(iii)
270.66(d)(2)(iv)
270.66(d)(3)
270.66(d){4)
270.66(d)(5)
270.66(e)
270.66(f)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BRI
IN
Page 114 of 120
DCBIF93J.14 - Revmd: 09/2
Printed: 4/2
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
: Boilers and Industrial Furnaces as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
quantitative analysis of
specified materials in the
feedstreams
determinations needed
when a DRE trial burn is
required under
266.104(a)
quantitative analysis of
stack gas and a
computation showing
conformance with the
emission standard when a
trial burn is required for
chlorinated dioxins and
furans under 266.104(e)
quantitative analysis of
stack gas and
computations showing
conformance with
applicable emission
standards when a trial
burn is required for
particulate matter, metals,
or HCI/CI2 under 266.105,
266.106(c) or (d), or
266.107(b)(2) or (c)
quantitative analysis of
scrubber water, ash
residues, other residues
and products to estimate
fate of trial POHCs,
metals, and
chlorine/chloride when a
trial burn is required for
DRE, metals or HCI/CI2
under 266.104(a),
266.106(c) or (d), or
266.107(b)(2) or (c)
CHECKLIST
REFERENCE
85
85
85,94
85
85
FEDERAL RCRA CITATION
270.66{f)(1)
270.66(f)(2)
270.66(f)(2)(i)
270.66(f)(2)(ii)
270.66(f)(2)(iii)
270.66(f)(3)
270.66(f)(4)
270.66(f)(5)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
;
Page 115 of 120
DCBIF93J.14 - R«v««d- 09/29/93
Printed: 4/20/94
-------
OSWER DIRECTIVE NO. 9541.00
SPA
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
identification of sources
of fugitive emissions and
their means of control
continuous measurement
of CO, oxygen, and HC in
stack gas
such other information as
Director specifies
to determine feasibility of
compliance with
266.104-266.107
performance standards
and adequate operating
conditions under
266.103, applicants of
existing devices operated
under interim status must
either prepare and submit
a trial burn plan and
perform a trial burn or
submit 270.22(a)(6)
information; submit trial
burn results with Part B
application if plan
approved before Part B
submission; date for
submission; requirements
if submitting trial burn
plan with Part B
application
CHECKLIST
REFERENCE
85
85
85,94
85
FEDERAL RCRA CITATION
270.66(f)(6)
270.66(f)(7)
270.66{f){8)
270.66(g)
ANALOGOUS
STATE
CITATION
,-
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BR
IN
SUBPART G - INTERIM STATUS
CHANGES DURING INTERIM STATUS
add new paragraph
regarding the addition of
newly regulated units if a
revised Part A permit
application is submitted
on or before the date the
unit becomes subject to
the new requirements
85
270.72(a)(6)
i
Page 116 of 120
DCBIF93J.14 - Revwed: 09/:
Printed: A/;
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
add new paragraph
regarding the addition of
newly regulated units
under 270.72(a)(6)
-
CHECKLIST
REFERENCE
85
FEDERAL RCRA CITATION
270.72(b)(7)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
TERMINATION OF INTERIM STATUS
insert "which has
achieved interim status
prior to November 8,
1 984, interim status
terminates" before "on
November 8, 1989"
insert "which has
achieved interim status
prior to November 8,
1 984, interim status
terminates" before "on
November 8, 1992"
85,94
85,94
270.73(f)
270.73(g)
•
1 Revision Checklist 85 (February 21, 1991; 56 FR 7134) redesignated the old paragraph (d)(2)
as (d)(3) and introduced a new paragraph (d)(2) into the code. Revision Checklist 94 (July 17,
1991; 56 FR 32688) made technical corrections to the February 21, 1991 amendatory
language for 261.2 and incorrectly redesignated paragraph (d)(3) as (d)(4) and paragraph
(d)(4) as (d)(5). The Federal code, as of February 21, 1991, did not include 261.2(d)(3) or
261.2(d)(4). The technical correction addressed by Revision Checklist 96 (August 27, 1991;
56 FR 42504) fixed this error.
2 The Federal Register addressed by Revision Checklist 94 designated this paragraph as
"261.3(c)(2)(ii)(8)." This is a typographical error; the correct paragraph designation is
"261.3(cH2)(ii)(B).'
Checklist 96.
This error was ultimately corrected by the rule addressed by Revision
Note that Revision Checklist 85 made revisions to paragraphs 265.112(d)(2),
265.112{d)(2)(i), 265.112(d)(2)(ii), 265.113(a) and 265.113(b). However, the technical
correction addressed by Revision Checklist 96 reversed the revisions made by Revision
Checklist 85 and retained the July 1990 CFR language. Thus, States should not make any
changes to paragraphs 265.112(d)(2), 265.113(a) or 265.113(b).
Revision Checklist 112 (57 FR 41566; September 10, 1992) removed and reserved Subpart E
of Part 266 and recodified the Subpart E provisions as portions of the new Part 279.
Page 117 of 120
DCBIF93J.14 -Revised 09/29/93
Printed 4/20/94
-------
OSWER DIRECTIVE NO. 9541 .OC
SPA
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (c&nt'd)
^ Note that there is a typographical error in the Federal Register addressed by Revision Check
94 (56 FR 32692; July 17, 1991). The "§266.4" in the heading should be "§266.40." Th
error was corrected by Revision Checklist 96 at 56 FR 42512 (August 27, 1991).
6 This paragraph was entered into the code by Revision Checklist 85 and was modified by
Revision Checklist 96. Subsequently, Revision Checklist 98 issued an administrative stay o
the BIF rule as it applies to coke ovens burning certain hazardous wastes from the coke by-
products recovery process. This administrative stay was removed by Revision Checklist 10
(57 FR 27880; June 22, 1992). Note also that Revision Checklist 98 incorrectly changed tl
reference "266.100{b), (c), (d) and (f)" to "266.100{b), (c) and (d)." This error was correct
by Revision Checklist 111 at 57 FR 38564 (August 25, 1992).
7 Revision Checklist 112 (57 FR 41566, September 10, 1992) removed and reserved Subpart
of Part 266 and recodified the Subpart E provisions as portions of the new Part 279. To
reflect this change, Revision Checklist 112 revised 266.100(b)(1) to refer to Part 279 rathei
than Subpart E of Part 266.
8 Note that the Federal Register addressed by Revision Checklist 85 designated this paragraph
as "266.102(d)(4)(D)." This is a typographical error; the correct designation is
"266.102(d)(4)(iv)." See technical correction at 56 FR 32688 (July 17, 1991; Revision
Checklist 94).
^ There seems to be an error in the Federal Register addressed by Revision Checklist 85.
Federal code refers to "paniculate matter standard in § 266.111 (b)," but 266.111 (b)
addresses definitions of "direct transfer equipment" and "container," not participate matter
standards. It appears that the Federal code should likely reference 266.105(a) as it does
contain a particulate matter standard.
_ 4
0 Note that in the February 21, 1991 rule addressed by Revision Checklist 85, the subparagra
designation was not italicized. This is a typographical error. The August 27, 1991 (56 FR
42504; Revision Checklist 96) technical correction fixes this error.
11 Note that the August 27, 1991 Federal Register, which addressed the technical correction f
this citation, has a typographical error; the reference to "266.102(e)(4)(iii)(c)(7) and (2)" in
this citation should be "266.102(e)(4)(iii)(C)(7) and (2)."
^ Note that in the Federal Register for Revision Checklist 85, the.subparagraph designation w
not italicized. This is a typographical error. The 56 FR 32688 (July 17, 1991; Revision
Checklist 94) technical correction fixes this error.
13 Note that the July 1, 1992 CFR inadvertently omitted the text to 266.103(c)(1)(i)-(xm) and
266.103{c)(3)(ii)-(iii)(C) from the Federal code. States should incorporate these paragraphs
as found in the Federal Register addressed by Revision Checklist 85 (56 FR 7134; February
21, 1991), and amended by Revision Checklist 94 (56 Ffi 32688; July 17, 1991).
r> » . « , , nn DCBIF93J 14 R«v««l 09/
Page 118 of 120 P™,«J 4/
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cont'd)
•, *
14 In the Federal Register addressed by Revision Checklist 85, the designation for this
subparagraph is 266.104(g)2. This is a typographical error; the correct designation is
266.104(g)(2). See the technical correction at 56 FR 32689 (July 17, 1991; Revision
Checklist 94).
15 Note that there is an error in the Federal Register for Revision Checklist 111 (57 FR 38558;
August 25, 1992) for this rule. The phrase "dispersion modeling to predict the maximum
annualaverage off-site ground level contamination for each" appears twice but should only
occur once.
16 In the Federal Register addressed by Revision Checklist 85, the designations for these
subparagraphs are 266.107(d)(i) and 266.107(d)(ii) (see 56 FR 7225). These are
typographical errors. The subparagraphs should be designated 266.107(d)(1) and
266.107(d)(2). See technical corrections at 56 FR 32690 (July 17, 1991; Revision Checklist
94).
17 In the Federal Register addressed by Revision Checklist 85, the section designation for
regulation of residues is 266.122 (see 56 FR 7227). This is a typographical error and the
section should be designated 266.112. Revision Checklist 94 corrects this error at 56 FR
32688 (July 17, 1991).
18 Note that Revision Checklist 96 replaced the old paragraph introduced into the code by
Revision Checklist 85.
19 Note that Revision Checklist 94 replaced the old Table introduced into the code by Revision
Checklist 85.
9O
"w Note that Revision Checklist 85 simply makes an announcement concerning the publishing of
the Appendix at a future time. The Appendix was actually entered into the code by Revision
Checklist 94. Subsequently, sections 7.0 and 9.2 were modified by Revision Checklist 96;
section 5.0 was modified by Revision Checklists 111 and 114, and section 6.0 was modified
by Revision Checklist 111.
21 Note that there are errors in the Federal Register for Revision Checklist 111 (57 FR 38558;
August 25, 1992) for this rule. The original titles for these tables in the July 17, 1991 rule
(56 FR 32688; Revision Checklist 94) read "//G/M3", not"8G/M3" as indicated in the
corrections numbered 11 and 12 on page 38566 of the Federal Register for Revision Checklist
111. The "8G/m3-" however, appears in the 1991 CFR and is incorrect. These errors were
corrected by Revision Checklist 114 (57 FR 44999, September 30, 1992). The >G/m3" in
the July 16, 1991 Federal Register and the "8G/m3" in the 1991 CFR should read "//g/m3" not
"g/m3" as shown at 57 FR 38566 (August 25,1992).
22 Note that Revision Checklist 96 replaced the old section 7.0 introduced into the code by
Revision Checklist 94.
~ „„„ »..,..- DCBIF93J. 14-fievwed: 09/29/93
Page 119 of 120 P™*.* 4/20/94
-------
OSWER DIRECTIVE NO. 9541 .OC
SPA
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of June 30, 1993 (cont'd)
2^ Note that Revision Checklist 85 simply makes an announcement concerning the publishing i
the Appendix at a future date. The Appendix was actually entered ihto the code by Revisio
Checklist 94.
24 Note that this is the same section of code which contained the specific Part B information
requirements for the Wood Preserving listing (55 FR 50450). Thus, the Part B
boilers/industrial furnace requirements were added so that the Part B information requiremei
for drip pads were inadvertently removed by the rule addressed by Revision Checklist 85 (5
FR 7134; February 21, 1991). On July 1, 1991 (56 FR 30192; Revision Checklist 92) a
technical correction was published moving the wood preserving requirements to 270.26.
2^ States only need to make changes if they have adopted, or plan to adopt, the provisions
addressed by Revision Checklist 54 (53 FR 37912), because 270.42 is not required by
271.14 to be part of a State's permitting program.
26 The paragraph following 270.42(g)(1)(v) in Federal code, i.e., 270.42(g)(2), is included in tt
Federal Register for Revision Checklist 85 (56 FR 7237, February 21, 1991). However, no
changes were made to the paragraph by the February 21, 1991 rule, so it has not been
included in this consolidated checklist.
.„« *.,«« DCBIF93J.U-Revi.«d:0!
Page 120 of 120
-------
Consolidated Checklist for the Toxicity Characteristics Revisions
as of June 30, 1993
»
The following consolidated checklist
should replace the existing version in
SAM Appendix K
-------
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST
for the
Toxicity Characteristics Revisions as of June 30, 1993
Note: 1) This checklist consolidates the changes to the Federal code addressed by the Toxicity
Characteristic (TC) Rule [55 FR 11798; March 29, 1990; Revision Checklist 74] and subsequent
revisions which have occurred through June 30, 1993, as follows:
Revision Checklist 74 [55 FR 11748 (March 29, 1990), 55 FR 26986 (June 29, 1990)];
Revision Checklist 80 [55 FR 40834 (October 5, 1990), 56 FR 3978 (February 1, 1991), 56
FR 13406 (April 2, 1991)];
Revision Checklist 84 [56 FR 5910 (February 13, 1991)];
Revision Checklist 108 [57 FR 30657 (July 10, 1992)];
Revision Checklist 117 B [57 FR 23062 (June 1, 1992)]; and
Revision Checklist 119 [57 FR 55114 (November 24, 1992)].
Note that there have been several technical corrections to the TC Rule preamble. An August 2,
1990 (55 FR 31387) notice corrected a typographical error in an implementation timetable found
in the TC Rule's preamble. This error created confusion among small quantity generators
regarding their notification responsibilities for TC wastes. This rule also extended the period of
time within which affected small quantity generators must comply with the new modification
requirements. An August 10, 1990 (55 FR 32377) notice corrected the August 2, 1990 notice.
On September 27, 1990, a clarification to the March 29 final rule was published in the Federal
Register (55 FR 39409) regarding four implementation issues. This clarification also only affected
the TC Rule preamble.
No final rules were promulgated between January 1, 1993, and June 30, 1993 that affected the
TC rule. Therefore, this consolidated checklist for Toxicity Characteristics Revisions is identical
to that of December 31, 1992.
2) Two interim final rules (55 FR 40834; October 5, 1990 and 56 FR 3978; February 1, 1991)
and a final rule (56 FR 13406; April 2, 1991) extended the compliance date of the Toxicity
Characteristic (TC) Rule for certain hydrocarbon recovery and remediation operations. This
extension is addressed by Revision Checklist 80 and included in this Consolidated Checklist.
Because a less stringent requirement than that imposed by the TC Rule was in effect until
January 25, 1993, the incorporation by States of this extension is optional.
3) States are strongly encouraged to adopt the Permit Modifications Rule (53 FR 37912;
September 28, 1988; Revision Checklist 54) and the "Christmas Tree Rule" (54 FR 9596; March
7, 1989; Revision Checklist 61) to ease implementation of the Toxicity Characteristic Rule and
future waste listings. While both of these rules are optional, they will greatly reduce the
immediate permit burden resulting from the TC Rule.
, „ DTC93J.14 - Ravaed: 4/14/94
Page 1 of 11 pnm«d: 4/21/94
-------
OSWER DIRECTIVE NO. 9541 .OC
SPA
CONSOLIDATED CHECKLIST : Consolidated Checklist for the
Toxicity Characteristics Revisions as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
Bl
IN
PART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
SUBPART A - GENERAL
DEFINITION OF HAZARDOUS WASTE
change "Extraction
Procedure Toxicity
characteristic" to
"Toxicity
Characteristic"
117 B
261.3(a)(2)(i)
EXCLUSIONS
replace
"characteristic of EP
toxicity" with
"Toxicity
Characteristic"
replace
"characteristic of EP
toxicity, and do not
fail the test for" with
"toxicity
characteristic for any
other constituent,
and do not exhibit"
insert "arsenical-
treated" after
"discarded"; replace
"characteristic of EP
toxicity" with
"Toxicity
Characteristic for
Hazardous Waste
Codes D004 through
D017"; delete "or
reasons," after
"reason" •
74
108
74,108
261.4(b){6)(i)
261.4(b)(6)(ii)
261.4(b)(9)
'
I
Page 2 of 11
DTC93J 14 • Rovmd 4/
Printed 4
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST : Consolidated Checklist for the
toxicity Characteristics Revisions as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
add new paragraph
regarding petroleum-
contaminated media
and debris that fail
the 26 1.24 Toxicity
Characteristic test
(D0 18 through D043
only) and are subject
to Part 280
corrective action
CHECKLIST
REFERENCE
74
FEDERAL RCRA CITATION
261.4(b)(10)
ANALOGOUS STATE
CITATION
1
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Extension for Specified Hydrocarbon Recovery Operations
add new paragraph;
until January 25,
1 993, exclusion for
injected groundwater
exhibiting the 261.24
Toxicity
Characteristic that is
infiltrated or
reinjected pursuant to
specified hydrocarbon
recovery operations
existing on or before
March 25, 1991;
extension only until
six months after final
rule publication for
groundwater returned
through infiltration
galleries; conditions
for new operations
involving injection to
qualify for date
extension
80
261.4(b)(11)
Page 3 of 11
DTC93J.14 -Revmed 4/14/94
Printed 4/21/94
-------
OSWER DIRECTIVE NO. 9541.0(
SPA
CONSOLIDATED CHECKLIST : Consolidated Checklist for the
Toxicity Characteristics Revisions as of June 30, 1993 tcont'd)
FEDERAL REQUIREMENTS
operations are
performed pursuant
to a written state
agreement that
includes a provision
to assess the
groundwater and the
need for further
remediation once the
free phase recovery is
completed
copy of written
agreement has been
submitted to the
Characteristics
Section, U.S.
Environmental
Protection Agency
add new paragraph;
used
chlorofluorocarbon
refrigerants from
totally enclosed heat
transfer equipment.
provided the
refrigerant is
reclaimed for further
use
CHECKLIST
REFERENCE
80
80
84
FEDERAL RCRA CITATION
261.4(b)(11)(i)
261.4(b)(11)(ii)
261.4(b)(12)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
Bl
lf>
I
t,4
PCB WASTES REGULATED UNDER TOXIC SUBSTANCE CONTROL ACT
exemption for PCB-
containing wastes.
already regulated
under Part 761
(TSCA), that fail the
26 1.24 Toxicity
Characteristic test
(D0 18 through D043
only)
74
261.8
Page 4 of 11
DTC93J.14 -R*vmd: 4
Printed: 4
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST : Consolidated Checklist for the
toxicity Characteristics Revisions as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
SUBPART C - CHARACTERISTICS OF HAZARDOUS WASTE
TOXICITY CHARACTERISTIC
remove "EP" before
"toxicity"; insert
"using the
methodology outlined
in Appendix II" after
"after filtering";
change "purposes" to
"purpose"
1 remove "EP" before
"toxicity"; add D018
through DQ43 to
Table 1 ; as per
technical correction.
change the word
"hydroxide" in the
contaminant for
D031 to "epoxide";
add new column with
CAS numbers
74
74
261.24(a)
261.24(b)
Page 5 of 11
DTC93J 14 -Revwad 4/14/94
Printed 4/21/94
-------
OSWER DIRECTIVE NO. 9541.0
SPfi
CONSOLIDATED CHECKLIST : Consolidated Checklist for the
Toxicity Characteristics Revisions as of June 30, 1993-'(cont'd)
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
TABLE 1. - MAXIMUM CONCENTRATION OF CONTAMINANTS FOR THE
TOXICITY CHARACTERISTIC
EPAHW
No.1
D004
D005
D018
D006
D019
D020
D021
0022
0007
0023
0024
0025
0026
001 6
D027
DO28
D029
D030
D012
D031
D032
D033
D034
DO08
D013
D009
D014
0035
D036
D037
D038
D010
D011
D039
D015
D040
D041
D042
DO17
DO43
Contaminant
Arsenic
Barium
Benzene .
Cadmium
Carbon tetrachloride
Chlordane
Chlorobenzene
Chromium
o-Cresol
m-Cresol
p-Cresol
Cresol
2 4-D
1 4-Dichlorobenzene
1 ,2-Dichloroethane
1 , 1 -Dichloroethylene
2 4-Dinitrotoluone
Endrin
Heptachlor (and its epoxide) .
Hexachlorobenzene
Hexachlorobutadiene
Hexachloroethano
Lead
Lindane
Mercury
Methoxychlor . .
Methyl ethyl ketone
Silver
Trichloroethylene
2 4 6-Trichlorophenol
2 4 5-TP (Silvex)
Vinyl chloride
CAS No. *
7440-38-2
74-43-39-3
71-43-2
7440-43-9
56-23-5
57-74-9
108-90-7
67-66-3
744(3-47-3
95-48-7
103-39-4
106-44-5
94-75-7
106-46-7
107-06-2
7I5-35-4
121-14-2
72-20-8
7(3-44-8
113-74-1
87-68-3
67-72-1
7439-92-1
53-89-9
7439-97-6
72-43-5
73-93-3
93-95-3
87-86-5
110-86-1
7782-49-2
7440-22-4
127-18-4
8001-35-2
79-01-6
95-95-4
83-06-2
93-72-1
715-01-4
Regulatory
Level (mg/L)
5 0
100 0
0 5
1 0
0 5
0.03
1000
6 0
5.0
4 2000
4 200 0
4 200.0
4 200.0
10 0
7 5
0.5
0.7
*0.13
0.02
0.008
30.13
0.5
3.0
5.0
0.4
0.2
10.0
200.0
2.0
100.0
3 5.0
1.0
5.0
0.7
0.5
0.5
400.0
2.0
1.0
0.2
Hazardous waste number.
Chemical abstracts service number.
Quantitation limit is greater than the calculated regulatory level. The quantitatiori limit therefore becomes the regulatory level.
If o-, m-, and p-Cresol concentrations cannot be differentiated, the total cresol (D026) concentration is used. The regulatory I
total cresol is 200 mg/l.
Page 6 of 11
DTC93J 14
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST : Consolidated Checklist for the
Toxicity Characteristics Revisions as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
f STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
SUBPART D - LISTS OF HAZARDOUS WASTES
GENERAL
replace "EP Toxic
Waste" in the hazard
codes and in the text
following the hazard
codes with "Toxicity
Characteristic Waste"
74
261.30(b)
APPENDIX II TO PART 261
METHOD 1311 TOXICITY CHARACTERISTIC LEACHING PROCEDURE (TCLP)
EP toxicity test
procedures are
replaced by Method
1311 Toxicity
Characteristic
Leaching Procedures
(TCLP)
74
Appendix II
• -
Withdrawal of Spike Recovery Correction Requirement From Method 1311 TCLP
change "data is" to
"data are"; delete
sentence regarding
bias determined from
matrix spike
determination and
parenthetical
reference phrase
following it
change "may not be
not less" to "may not
be less"
remove subparagraph
119
119
119
Appendix II, 8.2
Appendix II,
8.2.2
Appendix II,
8.2.5
Page 7 of 11
DTC93J.14 - Revised 4/14/94
Printed 4/21/94
-------
OSWER DIRECTIVE NO. 9541.00-
SPA
CONSOLIDATED CHECKLIST : Consolidated Checklist for the
Toxicity Characteristics Revisions as of June 30, 1993 (eont'd)
FEDERAL REQUIREMENTS
redesignate former
8.4 as 8.5; add new
8.4 and
subparagraphs
addressing use of
internal calibration
quantitation methods
former 8.4 becomes
8.5
CHECKLIST
REFERENCE
119
119
FEDERAL RCRA CITATION
Appendix II, 8.4
Appendix II,
8.4.1
Appendix II,
8.4.2
Appendix II,
8.4.3
Appendix II,
8.4.4
Appendix II, 8.5
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BRi
IN
8
PART 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS
WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SUBPART N - LANDFILLS
DESIGN AND OPERATING REQUIREMENTS
replace "EP toxicity
characteristics" with
"Toxicity
Characteristic"; insert
"with EPA Hazardous
Waste Numbers
D004 through D0 17"
after "chapter"
74
264.301 (e)(1)
Page 8 of 11
DTC93J.14 -Revwad: 4/
Printed: 41
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST : Consolidated Checklist for the
toxicity Characteristics Revisions as of June 30, 1993 Ccont'd)
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
PART 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF
HAZARDOUS WASTE TREATMENT, STORAGE> AND DISPOSAL FACILITIES
SUBPART K - SURFACE IMPOUNDMENTS
DESIGN REQUIREMENTS
replace "EP toxicity
characteristics" with
"Toxicity
Characteristic"; insert
"with EPA Hazardous
Waste Numbers
D004 through D0 17"
after "chapter"
74
265.221(d)(1)
SUBPART M - LAND TREATMENT
WASTE ANALYSIS
replace "exceed"
with "equal or
exceed"; replace "EP
toxicity
characteristic" with
"Toxicity
Characteristic"
74
265.273(a)
SUBPART N - LANDFILLS
DESIGN REQUIREMENTS
9 replace "EP toxicity
characteristics" with
"Toxicity
Characteristic"; insert
", with EPA
Hazardous Waste
Numbers D004
through D01 7" after
"chapter"
108
/
265.301(d)(1)
Page 9 of 11
DTC93J 14
FWvMd 4.14/»4
fr»**d 4,21,94
-------
OSWER DIRECTIVE NO. 9541.OO
SPA
CONSOLIDATED CHECKLIST : Consolidated Checklist for the
Toxicity Characteristics Revisions as of June 30, 1993 (tont'd)
FEDERAL REQUIREMENTS
CHECKUST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BR
IN
PART 268 - LAND DISPOSAL RESTRICTIONS
APPENDIX I TO PART 268
TOXICITY CHARACTERISTIC LEACHING PROCEDURE (TCLP)
1 0 replace Appendix
with note stating the
TCLP is located in
Appendix II of Part
261
74
Appendix I
1 Also see technical corrections to the rule at 55 PR 26986 (June 29, 1990).
2 See the immediate final rules at 55 FR 40834 (October 5, 1990) and 56 FR 3978 (February
1991) and the final rule at 56 FR 13406 (April 2, 1991).
3 A copy of the agreement should be sent to EPA's Characteristics Section; thus, this referenc
should remain in a State's code. A copy of the written agreement may also be sent to the
State, if the State chooses to include this requirement. i
4 The final rule (56 FR 5910, February 13, 1991) which introduced this paragraph into the
Federal code is considered "narrower in scope" because it narrows the wastes which are
regulated, by excluding from regulation certain chlorofluorocarbon refrigerants as specified a
261.4(b)(12).
5 Because the June 29, 1990 (55 FR 26986) notice made extensive corrections to Appendix I
Part 261, the Appendix in that notice should be used instead of the one in the March 29,
1990 (55 FR 11798) notice.
6 On June 29, 1990 (55 FR 26986; Revision Checklist 74), EPA promulgated a final rule whic
made technical corrections to the March 29, 1990 final rule, including the regulatory languaj
in 40 CFR Part 261, Appendix II. Those corrections reorganized the TCLP in 40 CFR Part
261, Appendix II and included adding a requirement for the spike recovery correction. The
November 24, 1992 rule (57 FR 55114; Revision Checklist 119) deleted the requirements f
spike recovery correction of analytical data. Because such deletions provide for a standard
less restrictive than was imposed on June 29, 1990, States are not required to include spik
recovery correction when modifying their programs to incorporate the final TCLP.
7 There is a typographical error in the Federal Register; "84.4.4" should be "8.4.4."
8 There is a typographical error in the Federal Register; in the table at 8.5, second column
heading, there should be a space between "TCLP" and "extraction."
Page 10 of 11
DTC93J 14 • Revved: 4/1
Printed: 4/;
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST : Consolidated Checklist for the
Toxicity Characteristics Revisions as of June 30, 1993 (cont'd)
9 There are several errors in the Federal Register for this citation. First, "such waste does not"
should read "such wastes do not" and "261.4 of this chapter" should read "261.24 of this
chapter" as they are found in the July 15, 1985, Federal Reoister at 50 FR 28750 (Revision
Checklist 17(H)) and in the 1992 CFR. Second, "Waste Number" should be "Waste
Numbers."
10 As background, the TCLP was originally promulgated in 268, Appendix I, on November 7,
1986 (51 FR 40572; Revision Checklist 34) for use in the Land Disposal Restrictions (LDR)
program to determine whether certain wastes require treatment prior to land disposal and to
determine whether certain treated wastes meet the applicable treatment standards. The TC
rule and its June 29, 1990 modification promulgated a revised TCLP at 261, Appendix II, with
modifications based on the Agency's own research and public comment. This TCLP is to be
used in both the TC and the LDR programs. The objective of the above footnoted revision to
268, Appendix I, is to assure that the TCLP entered into the code by the November 7, 1986
notice (51 FR 40572; Revision Checklist 34) is removed and replaced by the TCLP entered
into the code and amended by the final rules (55 FR 11798 and 55 FR 26986) addressed by
Revision Checklist 74. The actual placement of the TCLP within a State's code is not that
important, per se; what is important is that a State's code contains only the Revision
Checklist 74 TCLP. States that have not yet adopted Revision Checklist 34 (the first of the
LDR restrictions) need not make this particular revision-to 268, Appendix I, as they would not
yet have entered the original Part 268 TCLP into their code. Also, the change on page 7 of
this checklist for 261, Appendix II, assures that they add the Revision Checklist 74 TCLP to
their code. However, such States must be careful when adding the LDR restrictions to their
code, i.e., the Revision Checklist 34 TCLP should not be added at that time-rather, the
Revision Checklist 74 TCLP should remain the only TCLP in their code. States using the
Consolidated LDR Checklist should be sure to read the relevant footnote on that checklist
regarding this issue.
„,.,.. DTC93J. 14 -ReviMd: 4/14/94
11 Of 1 1 Printed: 4/21/94
-------
-------
Consolidated Checklist for the Wood Preserving Listings
as of June 30, 1993
The following consolidated checklist
should replace the existing version in
SAM Appendix K
-------
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST
. for the
Wood Preserving Listings
as of June 30, 1993
Note: 1) This checklist consolidates the changes to the Federal code addressed by the following
Wood Preserving Listings checklists:
Revision Checklist 82 [55 FR 50450 (December 6, 1990)];
Revision Checklist 91 [56 PR 27332 (June 13, 1991)];
Revision Checklist 92 [56 FR 30192 (July 1, 1991)];
Revision Checklist 101 157 FR 5859 (February 18, 1992)]; and
Revision Checklist 120 [57 FR 61492 (December 24, 1992)].
No final rules were promulgated between January 1, 1993, and June 30, 1993, that affected the
Wood Preserving Listings rule. Therefore, this consolidated checklist is identical to that of
December 31, 1992.
2) This consolidated checklist adds, to the list of wastes from non-specific sources, three broad
categories of wastes from wood preserving processes that use chlorophenolic, creosote, and/or
inorganic (arsenical and chromium) preservatives. These wastes, F032, F034 and F035, include
wastewaters, process residuals, preservative drippage and spent formulations. The listing of
F032 and the permitting and interim status standards applicable to drip pads handling this waste
are promulgated pursuant to HSWA. The listings of F034 and F035, the permitting and interim
standards for drip pads that handle F034 and F035 wastes, and the addition of a test method to
Appendix III of Part 261 are non-HSWA provisions. EPA will implement the addition of F032 to
the list of hazardous wastes from non-specific sources in authorized States until the States
modify their programs and such modifications are approved by EPA. The non-HSWA
requirements are applicable only in those States that do not have interim or final authorization. In
authorized States, the non-HSWA requirements will not be applicable until the States revise their
programs to adopt equivalent requirements under State law, unless the wastes are designated as
hazardous due to the Toxicity Characteristic, which would allow an owner or operator to comply
with the drip pad standards administered under Federal law.
3) Note that double lines are used on the checklists to indicate the beginning and ending of
optional provisions with subparagraphs or requirements that must all be adopted if the optional
provision is adopted.
_ ..,,-, DCWPL93J.14 • RevMBd 09/28/93
Page 1 of 46 Pnnte<1 5/3/94
-------
OSWER DIRECTIVE NO. 9541.00
SPA
CONSOLIDATED CHECKLIST: Wood Preserving Listings
as of June 30, 1993 (cont'd) ^
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS; STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BR
IN
PART 260 - HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL
SUBPART B - DEFINITIONS
DEFINITIONS
add "drip pad" in
alphabetical order
82
260.10
PART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
SUBPART A - GENERAL
1 EXCLUSIONS
Spent Wood Preserving Solutions and Wastewaters
add new paragraph
which excludes as a
solid waste spent
wood preserving
solutions that have
been reclaimed and
are reused for their
original intended
purpose
add new paragraph
which excludes as a
solid waste
wastewaters from
the wood preserving
process that have
been reclaimed and
are reused to treat
wood
82,92
92
261.4(a)(9)(i)
261.4(a)(9)(ii)
.
i
2 HAZARDOUS WASTES FROM NON-SPECIFIC SOURCES
3 add the waste codes
"F032", "F034" and
"F035" in
alphanumeric order to
list as shown below:
82,t91,
t120
261. 31 (a)
Page 2 of 46
DCWPL93J 14 flcvMd 09/2
Pnrrtcd 5/
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Wood Preserving Listings
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Industry and EPA
hazardous waste
No.
Hazardous waste
Hazard
code
F032
F034
F035
Wastewaters (except those that have not come into contact with process (T)
contaminants), process residuals, preservative drippage, and spent formulations from
wood preserving processes generated at plants that currently use or have previously
used chlorophenolic formulations (except potentially cross-contaminated wastes that
have had the F032 waste code deleted in accordance with $ 261.35 of this chapter or
potentially cross-contaminated wastes that are otherwise currently regulated as
hazardous wastes (i.e., F034 or F035), and where the generator does not resume or
initiate use of chlorophenolic formulations). This listing does not include K001 bottom
sediment sludge from the treatment of wastewater from wood preserving processes that
use creosote and/or pentachlorophenol.
Wastewaters (except those that have not come into contact with process (T)
contaminants), process residuals, preservative drippage, and spent formulations from
wood preserving processes generated at plants that use creosote formulations. This
listing does not include K001 bottom sediment sludge from the treatment of wastewater
from wood preserving processes that use creosote and/or pentachlorophenol.
Wastewaters (except those that have not come into contact with process (T)
contaminants), process residuals, preservative drippage, and spent formulations from
wood preserving processes generated at plants that use inorganic preservatives
containing arsenic or chromium. This listing does not include K001 bottom sediment
sludge from the treatment of wastewater from wood preserving processes that use
creosote and/or pentachlorophenol.
remove the
administrative stay
addressed in
Footnote 1 of the
261.31 table
t91,120
261.31(a)/table
'
Page 3 of 46
DCWPL93J.14
Rav»ed- 09/28/93
Printed: 5/3/94
-------
OSWER DIRECTIVE NO. 9541.0
SPA
CONSOLIDATED CHECKLIST: Wood Preserving Listings
as of June 30, 1993 (cont'd]
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
B
II
DELETION OF CERTAIN HAZARDOUS WASTE CODES FOLLOWING EQUIPMENT CLEANING
REPLACEMENT
wastes from wood
preserving processes
at plants that do not
resume or initiate use
of chlorophenolic
preservatives will not
meet the listing
definition of F032
once the 261.35(b)
and (c) requirements
are met; wastes may
continue to meet
another hazardous
waste listing
description or exhibit
one or more
characteristics
generators must
either clean or replace
all specified process
equipment that may
have come into
contact with
chlorophenolic
formulations or
constituents
generators shall do
one of the following:
prepare and follow an
equipment cleaning
plan; clean equipment
in accordance with
261.35
82
82,92
82,92
92
261.35(a)
261.35(b)
261.35(b)(1)
261.35(b)(1)(i)
I
Page 4 of 46
DCWPL93J.14 -ReviMd: 09/
Primed:
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Wood Preserving Listings
as of June 30, 1993 (cont'd) '
FEDERAL REQUIREMENTS
prepare and follow an
equipment
replacement plan;
replace equipment in
accordance with
261.35
document cleaning
and replacement in
accordance with
261.35, carried out
after termination of
use of chlorophenolic
preservatives
cleaning requirements
prepare and sign a
written equipment
cleaning plan that
describes:
equipment to be
cleaned
how equipment will
be cleaned
solvent to be used in
cleaning
how solvent rinses
will be tested
how cleaning
residues will be
disposed
equipment must be
cleaned as follows:
remove all visible
residues from process
equipment
CHECKLIST
REFERENCE
92
92
82,92
92
92
92
92
92
92
92
92
FEDERAL RCRA CITATION
261.35(b)(1)(ii)
261.35(b)(1)(iii)
261.35(b)(2)
261.35(b)(2)(i)
261.35(b){2)(i)(A)
261.35{b)(2)(i)(B)
261.35(b)(2)(i)(C)
261.35(b)(2)(i)(D)
261.35(b)(2)(i)(E)
261.35(b)(2)(ii)
261.35(b)(2)(ii)
(A)
ANALOGOUS STATE
CITATION
•
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
•
BROADER
IN SCOPE
Page 5 of 46
DCWPL93J.14 • ftevMd CO, 28/93
Pnnt«d 5,3/94
-------
OSWER DIRECTIVE NO. 9541.00
SPA
CONSOLIDATED CHECKLIST: Wood Preserving Listings
as of June 30, 1993 (cont'dl)
FEDERAL REQUIREMENTS
rinse with appropriate
solvent until no dioxin
or dibenzofuran
detection in final
solvent rinse
analytical
requirements
test rinses as per
SW-846, Method
8290
"not detected"
defined
generator manages
cleaning process
residues as F032
waste
replacement
requirements
prepare and sign
written equipment
replacement plan that
describes:
equipment to be
replaced
how equipment will
be replaced
how equipment will
be disposed
generator must
manage discarded
equipment as F032
waste
documentation
requirements
CHECKLIST
REFERENCE
92
92
92
92
92
82,92
92
92
92
92
92
92
FEDERAL RCRA CITATION
261 .35(b)(2)(ii)
(B)
261.35(b)(2)(iii)
261.35(b)(2)(iii)
(A)
261.35(b)(2)(iii)
(B)
261.35(b)(2)(iv)
261.35(b)(3)
261.35(b)(3)(i)
261.35{b)(3)(i)(A)
261.35(b)(3)(i)(B)
261.35(b)(3)(i)(C)
261.35(b)(3)(ii)
261.35(b)(4)
ANALOGOUS STATE
CITATION
•
*
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BR
IN
Page 6 of 46
DCWPL93J.14 -ReviMd: 09A
Printed: 5
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Wood Preserving Listings
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
document previous
equipment cleaning
and/or replacement
performed in
accordance with
261.35 and occurred
after cessation of
chlorophenolic
preservative use
documentation that
must be maintained
as part of the
facility's operating
record
name and address of
the facility
formulations
previously used and
the date on which
their use ceased in
each process at the
plant
formulations currently
used in each process
at the plant
equipment cleaning or
replacement plan
name and address of
any persons who
conducted the
cleaning and
replacement
dates on which
cleaning and
replacement were
accomplished
CHECKLIST
REFERENCE
92
82
82
82
82
82
82
82
FEDERAL RCRA CITATION
261.35(b)(4)(i)
261.35{c)
261.35{c)(1)
261.35(c)(2)
261.35(0(3)
261.35(0(4)
261.35(0(5)
261.35(0(6)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 7 of 46
DCWPL93J.14 . R.vind: 09/28/93
Printed: 5/3/94
-------
OSWER DIRECTIVE NO. 9541.0
Sft
CONSOLIDATED CHECKLIST: Wood Preserving Listings
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
dates of sampling and
testing
description of sample
handling and
preparation
techniques
description of the
tests performed, the
date, and the results
of the tests
name and model
numbers of the
instrument(s) used in
performing the tests
QA/QC
documentation
signed certification
statement
CHECKLIST
REFERENCE
82
82
82
82
82
82
FEDERAL RCRA CITATION
261.35(0(7)
261.35(0(8)
261.35(0(9)
261.35(0(10)
261.35(0(11)
261.35(0(12)
ANALOGOUS STATE
CITATION
t
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
I
APPENDIX III TO PART 2(51
CHEMICAL ANALYSIS TEST METHODS
add the compound,
"Benzo(k)
fluoranthene", in
alphabetical order, to
Table 1
82
Table 1,
Appendix III
Page 8 of 46
DCWPL93J.14 - ReviMd: 09
Printed:
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Wood Preserving Listings
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
TABLE 1. - ANALYSIS METHODS FOR
ORGANIC CHEMICALS CONTAINED IN SW-846
Compound
Method Nos.
Benzo(k) fluoranthene 8100,8250,8270,8310
APPENDIX VII TO PART 261
BASIS FOR LISTING HAZARDOUS WASTE
add "F032", "F034",
and "F035" to list in
alphanumeric order as
shown below:
82
Appendix VII
*
EPA hazardous Hazardous constituents
waste No. for which listed
F032
F034
F035
Benz(a)anthracene, benzo(a)pyrene, dibenz(a,h)-anthracene, indeno(1,2,3-cd)pyrene,
pentachlorophenol, arsenic, chromium, tetra-, penta-, hexa-, heptachlorodibenzo-p-
dioxins, tetra-, penta-, hexa-, heptachlorodibenzofurans.
Benz(a)anthracene, benzo(k)fluoranthene, benzo(a)pyrene, dibenz(a,h)anthracene,
indeno(1,2,3-cd)pyrene, naphthalene, arsenic, chromium.
Arsenic, chromium, lead.
APPENDIX VIII TO PART 261
HAZARDOUS CONSTITUENTS
add the specified
hazardous
constituents in
alphabetical order as
shown below:
82
Appendix VIII
Page 9 of 46
DCWPL93J.14 . Rcviud- 09/28/93
Printed. 5/3/94
-------
OSWER DIRECTIVE NO. 9541.0<
SPA
CONSOLIDATED CHECKLIST: Wood Preserving Listings
as of June 30, 1993 (cont'd) v
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
B
IN
Common Name
Chemical
abstracts
name
Chemical
abstracts
No.
Hazardous
waste No.
Benzo(k)fluoranthene
Same
207-08-9
Heptachlorodibenzofurans . .
Heptachlorodibenzo-p-dioxins
PART 262 - STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE
SUBPART C - PRE-TRANSPORT REQUIREMENTS
7,8 ACCUMULATION TIME
the waste is placed:
in containers and
generator complies
with Subpart I of Part
265; and/or
in tanks and
generator complies
with Subpart J of
Part 265, except
265.197(c)and
265.200; and/or
9 on drip pads and
generator complies
with Subpart W of
Part 265 and
maintains following
records:
92
92
92
t82,92
262.34(a)(1)
262.34(a)(1)(i)
262.34(a)(1)(ii)
262.34(a)(1)(iii)
Page 10 of 46
DCWPL93J.14 - ReviMd: 09/
Printed. 5
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Wood Preserving Listings
as of June 30, 1993 (cont'd) <
FEDERAL REQUIREMENTS
description of
procedures to ensure
all wastes are
removed from drip
pad and associated
collection system at
least once every 90
days
documentation of
each waste removal,
including quantity,
date and time of
removal; generator
exempt from
Subparts G and H of
Part 265, except
265.111 and
265.114
date each period of
accumulation begins
is marked and visible
CHECKLIST
REFERENCE
t82,92
t82,92
82,92
FEDERAL RCRA CITATION
262.34(a)(1)(iii)
(A)
262.34(a)(1)(iii)
(B)
262.34(a)(2)
ANALOGOUS STATE
CITATION
STATE ANALOG IS'.
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
9
9
PART 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE
. TREATMENT, STORAGE AND DISPOSAL FACILITIES
SUBPART J - TANK SYSTEMS
APPLICABILITY
add reference to
paragraph (c)
add new paragraph
subjecting tanks,
sumps and other
collection devices
used in conjunction
with Subpart W-
regulated drip pads to
Part 264, Subpart J
requirements
82
82
264.190
264.190(c)
Page 11 of 46
DCWPL93J.14
Revved. 09/26/93
Printed 5/3/94
-------
OSWER DIRECTIVE NO. 9541.0
SPA
CONSOLIDATED CHECKLIST: Wood Preserving Listings
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
10
SUBPART W - DRIP PADS
APPLICABILITY
Subpart W applies to
owners and operators
of facilities that use
new or existing drip
pads to convey
treated wood
drippage.
precipitation, and/or
surface water run-off
to an associated
collection system;
existing drip pads
defined; applicability
of 264.573(b)(3) leak
collection system
requirement
owner or operator of
certain drip pads
inside or under a
structure not subject
to 264.573(6) or
264.573{f)
regulations, as
appropriate
Subpart W
requirements not
applicable to
management of
infrequent, incidental
drippage in storage
yards provided:
82,92,
120
82,92
120
264.570(a)
264.570(b)
264.570(c)
Page 12 of 46
DCWPL93J 14
O9/2
Prwrtd 5/
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Wood Preserving Listings
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
owner or operator
maintains and
complies with a
written contingency
plan describing how
owner or operator
will respond
immediately to
discharge of
infrequent and
incidental drippage;
at a minimum, what
the contingency plan
must describe
CHECKLIST
REFERENCE
120
FEDERAL RCRA CITATION
264.570(0(1)
264.570(c)(1)(i)
264.570(c)(1)(ii)
264.570(cM1)(iii)
264.570(0(1 Kiv)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
ASSESSMENT OF EXISTING DRIP PAD INTEGRITY
evaluation of existing
drip pads; by June 6,
1991, written
assessment obtained
and kept on file;
annual review,
update and
recertification
required until
264.573 standards
are met, except
264.573(b) standards
for liners and leak
detection systems
82,92,
120
264.571(a)
Page 13 of 46
DCWPL93J 14 - Ravmd. 09/28/93
Printed- 5/3/94
-------
OSWER DIRECTIVE NO. 9541 .C
SP;
CONSOLIDATED CHECKLIST: Wood Preserving Listings
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
development of
written plan for
upgrading, repairing
and modifying drip
pad to meet
264.573(b)
requirements;
submittal of plan to
Regional
Administrator no later
than 2 years before
completion of
modifications; written
plan documentation.
review and
certification
requirements
removed
submittal of required
drawings and
certification to
Regional
Administrator or
State Director upon
completion of all
upgrades, repairs,
and modifications
if drip pad found to
be leaking or unfit for
use, compliance with
264.573(m)
provisions or close
drip pad in
accordance with
264.575
CHECKLIST
REFERENCE
82,92,
120
82,120
82,92
82,92
FEDERAL RCRA CITATION
264.571(b)
264.571 (b){1)
264.571 (b)(2)
264.571{b)(3)
264.57 1(c)
264.57 1(d)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
•
1
11,
12
12
Page 14 of 46
DCWPL93J.14
R*vmd: 09/21
Printed: 5/:
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Wood Preserving Listings
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS.
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
13 DESIGN AND INSTALLATION OF NEW DRIP PADS
owners and operators
of new drip pads
must ensure that the
pads are designed,
installed and operated
in accordance with
one of the following:
all of the
requirements of
264.573 (except
264.573(a)(4)),
264.574 and
264.575
all of the
requirements of
264.573 (except
264.573(b)),
264.574 and
264.575
82,92,
120
120
120
264.572
264.572(3)
264.572{b)
13 DESIGN AND OPERATING REQUIREMENTS
drip pads must:
be constructed of
non-earthen
materials, excluding
wood and non-
structurally supported
asphalt
be sloped for free-
drainage to the
associated collection
system
have a curb or berm
around the perimeter
82,92
82,92
82,92
82,92
264.573(a)
264.573(a)(1)
264.573(3)(2)
264.573(a)(3)
Page 15 of 46
DCWPL93J 14 • FWv
09/28/93
Pnnt«d 5/3/94
-------
OSWER DIRECTIVE NO. 9541 .OO
SPA
CONSOLIDATED CHECKLIST: Wood Preserving Listings
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
hydraulic conductivity
requirements;
maintain surface free
of cracks and gaps;
sealing material must
be chemically
compatible with
preservatives that
contact pad;
requirements apply to
existing drip pads and
drip pads of
owners/operators
electing to comply
with 264.572(a)
owner or operator
must obtain and keep
at the facility written
assessment of drip
pad certified by
independent qualified
registered engineer;
assessment must
attest to results of
evaluation;
assessment must be
reviewed, updated
and recertified
annually; evaluation
must document
extent to which drip
pad meets 264.573
(except 264.573(b))
design and operating
standards
remove notes
regarding
administrative stays
for new and existing
drip pads
CHECKLIST
REFERENCE
82,92,
120
120
t91,92,
t101.
120
FEDERAL RCRA CITATION
264.573(a)(4)(i)
264.573(a)(4)(ii)
264.573(a)(4)/
notes
ANALOGOUS STATE
CITATION
„*
'
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BR
IN
14,
15,
16
14
17
Page 16 of 46
DCWPL93J.14
vMd: 09;
Pratted:
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Wood Preserving Listings
as of June 30, 1993 (cont'd) !
FEDERAL REQUIREMENTS
be of sufficient
structural strength
and thickness to
meet specified
conditions
if owner/operator
elects to comply with
§ 264.572(b) instead
of § 264.572{a), the
drip pad must have:
a synthetic liner that
meets certain design,
construction and
installation
specifications
specific requirements
for liner construction
materials
foundation or base
requirements
liner must cover all
surrounding earth
that could come into
contact with the
waste or leakage
leakage detection
system immediately
above the liner;
detection system
must be:
constructed of
materials that are:
chemically resistant
to relevant waste and
leakage
CHECKLIST
REFERENCE
82,92
82,92,
120
82,92
82,92
82,92
82,92
82,92
82,92
82,92
FEDERAL RCRA CITATION
264.573(a}{5)
264.573(b)
264.573(b)(1)
264.573(b)(1)(i)
264.573(b)(1)(ii)
264.573(b)(1)(iii)
264.573(b)(2)
264.573(b)(2)(i)
264.573{b)(2)(i)
(A)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
18
19
Page 17 of 46
DCWPL93J 14 -Revind: 09/28/93
Printed: 5/3/94
-------
OSWER DIRECTIVE NO. 9541 .OO
SPA
CONSOLIDATED CHECKLIST: Wood Preserving Listings
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
of sufficient strength
and thickness to
prevent collapse
designed and
operated to function
without clogging
through the
scheduled closure of
the drip pad; and
designed to detect
drip pad failure or the
release of hazardous
waste or
accumulated liquid at
the earliest
practicable time
leakage collection
system immediately
above the liner
designed,
constructed,
maintained and
operated to collect
leakage from below
the drip pad; date,
time and quantity of
leakage collected
must be documented
in operating log
maintenance of drip
pads; note regarding
remedial action
convey, drain, and
collect liquid resulting
from drippage or
precipitation in order
to prevent run-off
CHECKLIST
REFERENCE
82,92
82,92
82,92
120
82,92
82,92
FEDERAL RCRA CITATION
264.573(b)(2)(i)
(B)
264.573(b)(2)(ii)
264.573(b)(2)(iii)
264.573(b)(3)
264.573(c)
264.573(d)
ANALOGOUS STATE
CITATION
•j.
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BR
IN
Page 18 of 46
DCWPL93J.14 -Ravmd 09
Printed:
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Wood Preserving Listings
as of June 30, 1993 (cont'd) :
FEDERAL REQUIREMENTS
run-on control system
requirements
run-off management
system requirements,
unless system is
protected by a
structure, as
described in
264.570(b)
evaluation of drip pad
for compliance with
264.573(a)-(f)
requirements; design
certification required
removal of drippage
and accumulated
precipitation from
associated collection
system as necessary
to prevent overflow
onto the drip pad
thorough cleaning of
drip pad surface in a
manner and
frequency to meet
specified conditions;
documentation of
date, time and
cleaning procedure in
facility's operating
log; owner/operator
must determine
whether residues are
hazardous under
262.11 and, if so.
manage them
according to Parts
261-268, 270 and
RCRA §3010
CHECKLIST
REFERENCE
82,92
82,92
82,92
82,92
82,92,
120
FEDERAL RCRA CITATION
264.573{e)
264.573(f)
264.573(g)
264.573(h)
264.5730)
ANALOGOUS STATE
CITATION
.
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 19 of 46
DCWPL93J.14 - Ftevmd 09/28/93
Printed 5/3/94
-------
OSWER DIRECTIVE NO. 9541.00
SPA
CONSOLIDATED CHECKLIST: Wood Preserving Listings
as of June 30, 1993 (cont'dl
FEDERAL REQUIREMENTS
minimize tracking of
hazardous waste or
constituents off the
drip pad
after removal from
treatment vessel.
treated wood from
pressure and non-
pressure processes
must be held on pad
until drippage has
ceased;
documentation
required
collection and holding
units for run-on and
run-off control
systems emptied or
otherwise managed
as soon as possible
after storms to
maintain design
capacity
throughout the active
life of the drip pad
and as specified in
the permit, repair of
detected condition
that may have caused
or has caused a
release of hazardous
waste within a
reasonable period of
time, in accordance
with the following
procedures:
CHECKLIST
REFERENCE
82,92
82,92
82,92
82,92
FEDERAL RCRA CITATION
264.573(j)
264.573(k)
264.573d)
264.573(m)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
-
MORE
STRIN-
GENT
•
B
IN
Page 20 of 46
DCWPL93J.14 • Ftoviud: OS
Printed:
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Wood Preserving Listings
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
upon detection of a
condition that may
have caused or has
caused a release of
hazardous waste, the
owner must:
enter discovery in the
facility operating log
immediately remove
from service affected
portion of drip pad
determine steps to
repair drip pad and
clean up any leakage;
establish schedule for
repairs
notify Regional
Administrator within
24 hours after
discovery; provide
written notice as
specified within 10
working days
review, determination
and notification by
Regional
Administrator
20 written notification to
Regional
Administrator and
certification of
compliance with
264.573(m)(1)(iv)
after repairs and
clean up
CHECKLIST
REFERENCE
82,92
82,92
82,92
82,92
82,92
82,92
82,92
FEDERAL RCRA CITATION
264.573(m)(1)
264.573(m)(1)(i)
264.573(m)(1)(ii)
264.573(m)(1)(iii)
264.573(m)(1)
(iv)
264.573(m)(2)
264.573(m){3)
ANALOGOUS STATE
CITATION
.-
•
STATE ANALOG IS:
EQUIV-
ALENT
I
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 21 of 46
DCWPL93J.14 -Rovmd 09/28/93
Printed 5/3/94
-------
OSWER DIRECTIVE NO. 9541.00
SPA
CONSOLIDATED CHECKLIST: Wood Preserving Listings
...••". as of June 30, 1 993 (cont'd)
FEDERAL REQUIREMENTS
should a permit be
necessary, Regional
Administrator will
specify in the permit
all design and
operating practices
necessary to ensure
that 264.573
requirements are met
documentation in
operating log, as
specified, of past
operating and waste
handling practices
CHECKLIST
REFERENCE
82,92
82,92
FEDERAL RCRA CITATION
264.573(n)
264.573(0)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BF
IN
13 INSPECTIONS
inspection of liners
and cover systems
for uniformity,
damage and
imperfections during
construction or
installation;
inspection and
certification of liners
to meet 264.573
requirements;
maintenance of
certification as part
of the facility
operating record;
inspection of liners
and covers after
installation
drip pad must be
inspected weekly and
after storms to detect
evidence of any of
the following:
82,92
82,92
264.574(a)
,
264.574(b)
?
Page 22 of 46
DCWPL93J 14
0<
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Wood Preserving Listings
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
deterioration,
malfunctions or
improper operation of
run-on and run-off
control systems
presence of leakage
in and proper
functioning of leak
detection system
deterioration or
cracking of drip pad
surface; note
regarding remedial
action
CHECKLIST
REFERENCE
82,92
82,92
82,92
FEDERAL RCRA CITATION
264.574(b)(1)
264.574(b)(2)
264.574(b)(3)
ANALOGOUS STATE
CITATION
STATE ANALOG IS: *
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
13 CLOSURE
at closure, removal
and decontamination
requirements;
management as
hazardous waste
conditions under
which owner or
operator must close
facility and perform
post-closure care in
accordance with
264.310
requirements; for
permitted units.
permit requirement
continues throughout
post-closure period;
drip pad is considered
a landfill and must
meet Subparts G and
H requirements of
Part 264
82,92
82,92
264.575(a)
264.575(b)
Page 23 of 46
DCWPL93J.U
Revised: 09/28/93
Printed: 5/3/94
-------
OSWER DIRECTIVE NO. 9541.00
SPA
CONSOLIDATED CHECKLIST: Wood Preserving Listings
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
owner or operator of
an existing drip pad
that does not comply
with the 264.573{b)
(1) liner requirements
must:
include in closure
plans for drip pad
under 264.112, a
plan for 264.575(a)
compliance and a
contingent plan for
264.575(b)
compliance
prepare a contingent
post-closure plan
under 264.118 for
complying with
264.575(b) in case
not all contaminated
subsoils can be
practicably removed
at closure
cost estimates
calculated under
264.1 12 and
264.144 for closure
and post-closure care
of drip pad subject to
264.575(c) must
include the cost of
complying with the
contingent closure
plan and the
contingent post-
closure plan; cost of
expected closure
under 264.575(a)
need not be included
CHECKLIST
REFERENCE
82,92
82,92
82,92
82,92
FEDERAL RCRA CITATION
264.575(c)(1)
264.575{c)(1)(i)
264.575(c)(1)(ii)
264.575(c)(2)
ANALOGOUS STATE
CITATION
•
STATE ANALOG IS:
EQUIV-
ALENT
••
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BR
IN
Page 24 of 46
DCWPL93J.14 - RaviMd: 09
Printed:
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Wood Preserving Listings
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
PART 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS
WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES
SUBPART J - TANK SYSTEMS
APPLICABILITY
add reference to
paragraph (c)
add new paragraph
subjecting tanks,
sumps and other
collection devices
used in conjunction
with Subpart W-
regulated drip pads to
Part 265, Subpart J
requirements
82
82
265.190
265.190(c)
SUBPART W - DRIP PADS
APPLICABILITY
Subpart W applies to
owners and operators
of facilities that use
new or existing drip
pads to convey
treated wood
drippage,
precipitation, and/or
surface water run-off
to an associated
collection system;
existing drip pads
defined; applicability
of 265.443(b)(3) leak
collection system
requirement
82,92,
120
265.440(a)
Page 25 of 46
OCWPL93J 14 H.V
09.28/93
fnrw«d 5/3/94
-------
OSWER DIRECTIVE NO. 9541.00
SPA
CONSOLIDATED CHECKLIST: Wood Preserving Listings
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
owner or operator of
certain drip pads
inside or under a
structure not subject
to 265.443(e) or
265.443{f)
regulations, as
appropriate
Subpart W
requirements not
applicable to
management of
infrequent, incidental
drippage in storage
yards provided:
owner or operator
maintains and
complies with a
written contingency
plan describing how
owner or operator
will respond to
discharge of
infrequent and
incidental drippage;
at a minimum, what
the contingency plan
must describe
CHECKLIST
REFERENCE
82
120
120
FEDERAL RCRA CITATION
265.440(0)
265.440(0
265.440(0(1)
265.440(0(1 )(i)
265.440(0(1 )(ii)
265.440(0(1 ){iii)
265.440(0(1 ){iv)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BR
IN
Page 26 of 46
DCWPL93J.14 .Ravmd 0!
Printed:
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Wood Preserving Listings
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
ASSESSMENT OF EXISTING DRIP PAD INTEGRITY
evaluation of existing
drip pads; by June 6,
1991, written
assessment obtained
and kept on file;
annual review,
update and
recertification
required until
265.443 standards
are met, except for
265.443(b) standards
for liners and leak
detection systems
development of
written plan for
upgrading, repairing
and modifying drip
pad to meet
265.443(b)
requirements;
submittal of plan to
Regional
Administrator no later
than 2 years before
completion of
modifications; written
plan documentation;
review and
certification
requirements
removed
82,120
82,120
82,120
265.441(a)
265.441{b)
265.441 (b)(1)
265.441 (b){2)
265.441 (b)(3)
'
21
21
Page 27 of 46
DCWPL93J.14
ReviMd: 09/28/93
Printed: 5/3/94
-------
OSWER DIRECTIVE NO. 9541.00-
SPA
CONSOLIDATED CHECKLIST: Wood Preserving Listings
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
submittal of required
drawings and
certification to
Regional
Administrator or
State Director upon
completion of all
repairs and
modifications
if drip pad found to
be leaking or unfit for
use, comply with
265.443(m)
provisions or close
drip pad in
accordance with
265.445
CHECKLIST
REFERENCE
82
82
FEDERAL RCRA CITATION
265.441 (c)
265.441 (d)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
•
BRl
IN
DESIGN AND INSTALLATION OF NEW DRIP PADS
owners and operators
of new drip pads
must ensure that the
pads are designed,
installed and operated
in accordance with
one of the following:
all of the applicable
requirements of
265.443 (except
265.443(a)(4)),
265.444 and
265.445
all of the applicable
requirements of
265.443 (except
265.443(b)),
265.444 and
265.445
82,
120
120
120
265.442
265.442(a)
265.442(b)
Page 28 of 46
DCWPL93J.14 - Raviud: 09/
Pnntttd: '
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Wood Preserving Listings
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
DESIGN AND OPERATING REQUIREMENTS
drip pads must:
be constructed of
non-earthen
materials, excluding
wood and non-
structurally supported
asphalt
be sloped to free-
drain wastes to the
associated collection
system
have a curb or berm
around the perimeter
hydraulic conductivity
requirements;
maintain surface free
of cracks and gaps;
surface material must
be chemically
compatible with
preservatives that
contact pad;
requirements apply to
existing drip pads and
drip pads of owners/
operators electing to
comply with
265.442(a)
82
82
82
82
82,120
265.443(a)
265.443(a)(1)
265.443(a)(2)
265.443(a)(3)
265.443(a)(4)(i)
.
22,
23
Page 29 of 46
DCWPL93J.U
Reviud: 09/28/93
Printed 5/3/94
-------
OSWER DIRECTIVE NO. 9541.0
SPA
CONSOLIDATED CHECKLIST: Wood Preserving Listings
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
22 owner or operator
must obtain and keep
at the facility a
written assessment
of drip pad certified
by independent
qualified registered
engineer; assessment
must attest to results
of evaluation;
assessment must be
reviewed, updated
and recertified
annually; evaluation
must document
extent to which drip
pad meets 265.443
(except 265.443(b))
design and operating
standards
24 remove notes
regarding
administrative stays
for new and existing
drip pads
be of sufficient
structural strength
and thickness to
meet specified
conditions; note
regarding structural
integrity standards
25 if an owner/operator
elects to comply with
§ 265.442(b) instead
of § 265.442(a), the
drip pad must have:
CHECKLIST
REFERENCE
120
t91,
•M01.
120
82
82,120
FEDERAL RCRA CITATION
'
265.443(a)(4)(ii)
265.443(a)(4)/
notes
265.443{a)(5)
265.443(b)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
a
BF
IN
Page 30 of 46
DCWPL93J.14
Ravwed O9
Printed:
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Wood Preserving Listings
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
a synthetic liner that
meets certain
specifications
specific requirements
for liner construction
materials
foundation or base
requirements
liner must cover all
surrounding earth
that could come into
contact with the
waste or leakage
leakage detection
system immediately
above the liner;
detection system
must be:
constructed of
materials that are:
chemically resistant
to relevant waste and
leakage
of sufficient strength
and thickness to
prevent collapse
designed and
operated to function
without clogging
through scheduled
drip pad closure
CHECKLIST
REFERENCE
82
82
82
82
82
82
82
82
92
FEDERAL RCRA CITATION
265.443(b)(1)
265.443(b)(1)(i)
265.443(b)(1)(ii)
265.443(b)(1)(iii)
265.443(b)(2)
265.443(b){2)(i)
265.443(b)(2)(i)
(A)
265.443(b)(2)(i)
(B)
265.443(b)(2)(ii)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
26
Page 31 of 46
DCWPL93J.14 • R»vw«d 09/28/93
Printed- 5/3/94
-------
OSWER DIRECTIVE NO. 9541.00
SPA
CONSOLIDATED CHECKLIST: Wood Preserving Listings
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
26 designed to detect
the failure of the drip
pad or the presence
of hazardous waste
release or
accumulated liquid at
the earliest
practicable time
leakage collection
system immediately
above the liner
designed,
constructed,
maintained and
operated to collect
leakage from below
the drip pad for
removal; date, time
and quantity of
leakage collected
must be documented
in operating log
maintenance of drip
pads; note regarding
remedial action
convey, drain, and
collect liquid resulting
from drippage or
precipitation in order
to prevent run-off
run-on control system
requirements, unless
drip pad is protected
by a structure, as
described in
265.440(b)
CHECKLIST
REFERENCE
82,92
120
82
82
82
FEDERAL RCRA CITATION
265.443(b)(2)(iii)
265.443(b)(3)
265.443(c)
265.443(d)
265.443(e)
ANALOGOUS STATE
CITATION
'•
STATE ANALOG IS:
EQUIV-
ALENT
:
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BR
IN
Page 32 of 46
DCWPL93J 14
O9.
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Wood Preserving Listings
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
run-off management
system requirements,
unless drip pad is
protected by a
structure, as
described in
265.440(b)
evaluation of drip pad
for compliance with
265.443(a)-(f)
requirements; design
certification required
removal of drippage
and accumulated
precipitation from
associated collection
system as necessary
to prevent overflow
onto the drip pad
thorough cleaning of
drip pad surface in a
manner and
frequency to meet
specified conditions;
documentation of
date, time and
cleaning procedure in
facility's operating
log
minimize tracking of
hazardous waste or
constituents off the
drip pad
CHECKLIST
REFERENCE
82
82
82
82,120
82
FEDERAL RCRA CITATION
265.443(f)
265.443(g)
265.443(h)
265.443(i)
265.443(j)
ANALOGOUS STATE
CITATION
STATE ANALOG IS.
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
•
BROADER
IN SCOPE
Page 33 of 46
DCWPL93J 14 - Revised. 09/28/93
Printed 5/3/94
-------
OSWER DIRECTIVE NO. 9541.00
SPA
CONSOLIDATED CHECKLIST: Wood Preserving Listings
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
after removal from
treatment vessel.
treated wood from
pressure and non-
pressure processes
must be held on pad
until drippage has
ceased;
documentation
required
collection and holding
units for run-on and
run-off control
systems emptied or
otherwise managed
as soon as possible
after storms to
maintain design
capacity
throughout the active
life of the drip pad
and as specified in
the permit, repair of
detected condition
that may have caused
or has caused a
release of hazardous
waste within a
reasonable period of
time, in accordance
with the following
procedures:
upon detection of a
condition that may
have caused or has
caused a release of
hazardous waste, the
owner must:
CHECKLIST
REFERENCE
82
82
82,92
82,92
FEDERAL RCRA CITATION
265.443(k)
,
265.443(1)
'
265.443(m)
265.443(m)(1)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
•'
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BR
IN
Page 34 of 46
DCWPL93J.14
Revised: 09
Printed:
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Wood Preserving Listings
as of June 30, 1993 (cont'd) :
FEDERAL REQUIREMENTS
entry of discovery in
the facility operating
log
immediate removal
from service of
affected portion of
drip pad
determination of
steps to repair drip
pad, remove any
leakage, and establish
schedule for clean up
and repairs
notify Regional
Administrator within
24 hours after
discovery; provide
written notice as
specified within 10
working days
review, determination
and notification by
Regional
Administrator
27 written notification to
Regional
Administrator and
certification of
compliance with
265.443(m)(1)(iv)
after repairs and
clean up
documentation in
operating log, as
specified, of past
operating and waste
handling practices
CHECKLIST
REFERENCE
82
82
82
82
82
82,92
82
FEDERAL RCRA CITATION
265.443(m)(1)(i)
265.443(m)(1)(ii)
265.443(m)(1)(iii)
265.443(m)(1)
(iv)
265.443(m){2)
265.443(m)(3)
265.443(n)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
•
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 35 of 46
DCWPL93J 14
R»vwd 09/28/93
Cnnt*d 5/3/94
-------
OSWER DIRECTIVE NO. 9541.00
SPA
CONSOLIDATED CHECKLIST: Wood Preserving Listings
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BRi
IN
INSPECTIONS
inspection of liners
and cover systems
for uniformity.
damage and
imperfections during
construction or
installation;
inspection and
certification of liners
to meet 265.443
requirements;
maintenance of
certification as part
of the facility
operating record;
inspection of liners
and covers after
installation
drip pad must be
inspected weekly and
after storms to detect
evidence of any of
the following:
deterioration.
malfunctions or
improper operation of
run-on and run-off
control systems
presence of leakage
in and proper
functioning of leak
detection system
deterioration or
cracking of drip pad
surface; note
regarding remedial
action
82
82
82
82
82
265.444(a)
265.444(b)
265.444(b)(1)
265.444(b){2)
•
265.444(b)(3)
.-
•
Page 36 of 46
DCWPL93J 14 - Revmd 09;
Printed: '
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Wood Preserving Listings
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
CLOSURE
at closure, removal
and decontamination
requirements;
management as
hazardous waste
closure and post-
closure care of drip
pad as a landfill under
265.310, if some
contaminated
subsoils cannot be
removed or
decontaminated; for
permitted units,
permit requirement
continues throughout
post-closure period
owner or operator of
an existing drip pad
not in compliance
with the 265.443(b)
(1) liner requirements
must:
include in the closure
plan for the drip pad
under 265.112, a
plan for 265.445(a)
compliance and a
contingent plan for
265.445(b)
compliance
82
82
82
82
265.445(a)
265.445(b)
265.445(c)(1)
265.445(c)(1)(i)
Page 37 of 46
DCWPL93J.14 -Revind: 09/28/93
Printed: 5/3/94
-------
OSWER DIRECTIVE NO. 9541.00
SPA
CONSOLIDATED CHECKLIST: Wood Preserving Listings
as of June 30, 1993 (cont'd) ,
FEDERAL REQUIREMENTS
prepare contingent
post-closure plan
under 265.118 for
complying with
265.445(b) in case
not all contaminated
subsoils can be
practicably removed
at closure
cost estimates
calculated under
265.1 12 and
265.144 for closure
and post-closure care
of drip pad subject to
265.445(c) must
include cost of
complying with
contingent closure
plan and contingent
post-closure plan;
cost of expected
closure under
265.445(a) need not
be included
CHECKLIST
REFERENCE
82
82
FEDERAL RCRA CITATION
.
265.445(c)(1)(ii)
265.445(0(2)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BF
IN
Page 38 of 46
DCWPL93J.14 - Review! 09/
Printed: '
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Wood Preserving Listings
as of June 30, 1993 (cont'd) '
FEDERAL REQUIREMENTS
CHECKUST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
PART 270 - EPA ADMINISTERED PERMIT PROGRAMS:
THE HAZARDOUS WASTE PERMIT PROGRAM
SUBPART B - PERMIT APPLICATION
28 SPECIAL PART B INFORMATION REQUIREMENTS FOR DRIP PADS
additional information
to be provided by
owners and operators
of hazardous waste
treatment, storage, or
disposal facilities that
collect, store, or treat
hazardous waste on
drip pads, except as ,
otherwise provided
by 264.1
list of hazardous
wastes placed or to
be placed on each
drip pad
detailed plans and an
engineering report
describing how
264.90(b)(2) will be
met, if an exemption
is sought to Subpart
F of Part 264
detailed plans and an
engineering report
describing the design.
construction,
operation and
maintenance of drip
pad to meet 264.573
requirements;
submission must
address 264.571
items
82
82
82
82,92
270.26
270.26(a)
270.26(b)
270.26(c)
Page 39 of 46
DCWPL93J.14 -Rav«»d: 09/28/93
Printed: 5/3/94
-------
OSWER DIRECTIVE NO. 9541.00-
SPA
CONSOLIDATED CHECKLIST: Wood Preserving Listings
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
design characteristics
of the drip pad
liner system
leakage detection
system
practices designed to
maintain drip pads
associated collection
system
control of run-on to
the drip pad
control of run-off
from the drip pad
removal intervals and
demonstration of
sufficiency to prevent
overflow
procedures for
cleaning drip pad at
least once every
seven days;
provisions for
documentation of
date, time and
cleaning procedure
operating practices
and procedures to
minimize tracking of
hazardous waste or
waste constituents
off the drip pad
CHECKLIST
REFERENCE
82
82
82
82
82
82
82
82
82
82
FEDERAL RCRA CITATION
270.26(0(1)
270.26(c){2)
270.26(C)(3)
270.26(0(4)
270.26(0(5)
270.26(0(6)
270.26(0(7)
270.26(0(8)
270.26(0(9)
270.26(0(10)
ANALOGOUS) STATE
CITATION
•
1
STATE ANALOG IS.
EQUIV-
ALENT
•
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BRC
IN !
Page 40 of 46
DCWPL93J.14 - RaviMd: 09/21
Printsd- 5/
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Wood Preserving Listings
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
procedures for
ensuring that treated
wood from pressure
and non-pressure
processes is held on
the drip pad until
drippage has ceased;
recordkeeping
practices
provisions for
ensuring that
collection and holding
units for run-on and
run-off control
systems are emptied
or managed as soon
as possible after
storms to maintain
design capacity
if treatment is carried
out on the drip pad,
details of process
equipment used, and
the nature and quality
of residuals
description of drip
pad inspections to
meet 264.573
requirements; include
in 270.1 4(b)(5)
inspection plan
certification that drip
pad design meets
264.573(a)-(f)
requirements
CHECKLIST
REFERENCE
82
82
82
82,92
82,92
FEDERAL RCRA CITATION
270.26(c)(11)
270.26(c){12)
270.26(c)(13)
270.26(c)(14)
270.26(c)(15)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 41 of 46
DCWPL93J 14 - Revved 09/28/93
Printed: 5/3/94
-------
OSWER DIRECTIVE NO. 9541.00
SPA
CONSOLIDATED CHECKLIST: Wood Preserving Listings
as of June 30, 1993 (cont'd) *
FEDERAL REQUIREMENTS
description of
removal procedures
at closure under
264.575(a); for
waste not removed at
closure, submittal of
detailed plan and
engineering report to
describe compliance
with 264.3 10(a) and
(b); information
should be included in
closure plan and,
where applicable.
270.14(b)(13) post-
closure plan
CHECKLIST
REFERENCE
82,92
FEDERAL RCRA CITATION
270.26(c){16)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BR
IN
1 261.4(a)(9)(i) was originally 261.4(a)(9) on Revision Checklist 82. Revision Checklist 92
redesignated it as 261.4(a)(9)(i) and added a new paragraph designated as 261.4(a)(9)(ii).
2 Note the Federal Register 56 FR 27732 (June 13, 1991; Revision Checklist 91) incorrectly
refers to 261.31 rather than to 261.31 (a) as the place where the list of hazardous wastes
from non-specific sources can be found. Revision Checklist: 81 redesignated 261.31 as
261.31 (a) and added 261.31 (b).
3 Waste codes F032, F034, and F035 were added to the table in 261.31 (a) by Revision
Checklist 82. Revision Checklist 91 (56 FR 27332; June 13, 1991) addressed an
administrative stay of these listings. Revision Checklist 120 (57 FR 61492; December 24,
1992) terminated the June 13, 1991 administrative stay by amending the listings. For the
States that did not adopt the June 13, 1991 administrative stay, the Revision Checklist 12
changes to these listings represent a narrowing of the F032, F034, and F035 listings. Thu
the Revision Checklist 120 changes are optional for States that did not adopt the
administrative stay. For those States that did adopt the June 13, 1991 administrative stay
the wording added by the stay (i.e., the parenthetical note concerning the stay) should be
removed and be replaced with the wording presented in the December 24, 1992 rule (Revn
Checklist 120) and in this consolidated checklist.
4 Only those States that added the administrative stay addressed by the June 13, 1992 rule
FR 27332; Revision Checklist 91) to their code need to make this change.
Page 42 of 46
DCWPL93J 14 Ftovii
O9,
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OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Wood Preserving Listings
as of June 30, 1993 (cont'd)
f
5 Revision Checklist 82 originally introduced §261.35 into the code. Revision Checklist 92
made extensive formatting and word changes to 261.35(b).
6 Note there is a typographical error in 261.35(b){1 )(iii)." "Preservations," at the end of the
sentence, should be "preservatives." We have used the correct word on the checklist.
7 Note Revision Checklist 82 redesignated 262.34(a)(2)-(4) as 262.34(a)(3)-(5). Revision
Checklist 92 changed these paragraphs back to their original numbering, i.e., 262.34(a)(2)-(4).
Because these two changes cancelled each other out, they were not directly addressed by this
checklist.
8 The technical correction for §262.34, 56 FR 30192 (July 1, 1991; Revision Checklist 92),
contains the text of the introductory paragraph, 262.34(a). As no revisions were made to this
paragraph, it has not been included in this consolidated checklist. Also, because this technical
correction made extensive changes to this section of the code, the "Federal Requirements"
column summarizes the requirement rather than the changes.
9 An error in the July 1, 1991 CFR makes it appear that there are two paragraphs designated as
262.34(a)(2) (see the editorial note in the CFR). Revision Checklist 82 originally inserted the
first 262.34(a)(2), 262.34(a)(2)(i), 262.34(a)(2)(ii) and'redesignated the old 262.34(a)(2)-(4)
as 262.34(a)(3)-(5). However, Revision Checklist 92 redesignated 262.34(a)(3) as
262.34(a)(2), effectively removing the first 262.34(a)(2) and incorporating these requirements
into 262.34(a)(1) at 262.34(a)(1)(iii) and (iii)(A)&(B). It was not the Agency's intent to
include these requirements both at 262.34(a)(1)(iii)(A)&(B) and at 262.34(a)(2) as is indicated
in the July 1, 1991 CFR. The first 262.34(a)(2) in that CFR should not be in the code.
Revision Checklist 92 also redesignated 262.34(a)(3)-(5) as 262.34(a)(2)-(4), i.e., returned
these subparagraphs to their original numbering prior to the redesignation by Revision
Checklist 82.
10 The entire text of Subpart W of Part 264 was printed in the Federal Register (56 FR 30192;
July 1, 1991) for Revision Checklist 92. This was done to demonstrate the numbering of
each citation following the redesignation of sections to correspond with Subpart W, Part 265.
Numerous paragraphs within the redesignated sections had no revisions made to them.
Paragraphs in this consolidated checklist, where Revision Checklist 92 is indicated in the
"Checklist Reference" column, reflect revisions to wording, internal references, or numbering
that were addressed in Revision Checklist 92.
11 The Federal Register for Revision Checklist 92 (56 FR 30196; July 1, 1991) introduced a
typographical error by incorrectly changing "in sufficient detail" to "insufficient detail". This
typographical error was corrected by Revision Checklist 120 (57 FR 61492; December 24,
1992) to read "in sufficient detail".
1^ When this paragraph was revised by Revision Checklist 120, the instructions for revising it
were unclear. According to EPA, the last sentence of 264.571 (b), which introduces the
_ . _ , . _ DCWPL93J.14 - Rev««d: 09/28/93
Page 43 of 46 P™*.* 5/3/94
-------
OSWER DIRECTIVE NO. 9541.00
SPA
CONSOLIDATED CHECKLIST: Wood Preserving Listings
as of June 30, 1993 (cont'd)
subparagraphs, is to be removed, as well as subparagraphs (b)(1), (2), and (3). A technical
correction will be published in the Federal Register in the near future.
13 Revision Checklist 92 redesignated the original 264.575 (as introduced by Revision Checklij
82) as 264.572 and redesignated the original 264.572, 264.573 and 264.574 as 264.573
264.574 and 264.575, respectively.
14 This paragraph was originally introduced into the Federal code as 264.572(a)(4) by Revisior
Checklist 82 and redesignated as 264.573(a)(4) by Revision Checklist 92. Revision Checkli
120 completely revised the paragraph by removing the old 264.573(a)(4) and replacing it w
264.573(a)(4)(i) and 264.573(a)(4)(ii) .
1 ^ There are two typographical errors in this paragraph in the Federal Register for Revision
Checklist 120; in both occurrences, "1x10-7" should be "1x10"7."
16 Note that the Federal Register for Revision Checklist 120 is in error. According to EPA, the
last line of 264.573(a)(4)(i) should read "§ 264.572(b) instead of % 264.572(a)" rather thai
"§ 264.572(a) instead of § 264.572(b)." As written, the code contradicts what is said in 1
264.572(a)&(b) requirements.
17 Note that there were two administrative stays at this citation. Revision Checklist 91 (56 Fj
27332; June 13, 1991) added a note regarding an,administrative stay with no ending date
new pads at 264.572(a)(4). However, 264.572(a)(4) was redesignated as 264.573(a)(4) I
revision Checklist 92. Because of this redesignation, the Revision Checklist 91 administrati
stay was incorrectly omitted in the July 1, 1991 and July I, 1992 CFRs. Revision Checkli:
101 (57 FR 5859; February 18, 1992) added a second note addressing an administrative s
for existing drip pads at wood preserving plants until October 31, 1992. These notes wer
removed by Revision Checklist 120 (57 FR 61492; December 21, 1992) when the
administrative stays were terminated by the Federal Register for that checklist. This same
Federal Register does not clearly indicate that these notes regarding administrative stays be
removed; however, according to EPA, they should be removed. A technical correction will
published in the Federal Register in the near future.
1 ** Note that a typographical error occurs in the text of 264.573(a)(5) in the Federal Register 5
FR 30196 (July 1, 1991; Revision Checklist 92); "daily perations" should be "daily
operations" as introduced into the code by Revision Checklist 82 (55 FR 50450; Decembei
1990).
19 There is an error in the Federal Register for Revision Checklist 120 at 264.573(b). Accord
to EPA, the phrase "§ 264.572(b) instead of § 264.572(a)" likely should be "§ 264.572(a
instead of § 264.572(b)." As currently written, the code contradicts the 264.572(a)&(b)
requirements.
20 Note that paragraph 264.573(m)(3) was originally 264.572(m)(3) in the Federal Register E
FR 50450 (December 6, 1990; Revision Checklist 82). This paragraph had an incorrect
DCWPL93J.14 • Reviwd: 0
Page 44 of 46 Prime*
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Wood Preserving Listings
as of June 30, 1993 (cont'd)
reference; "paragraph (m)(3) of this section" should be "paragraph (m)(1)(iv) of this section."
This error was addressed by the July 1, 1991 technical corrections to the rule (56 FR 30192;
Revision Checklist 92).
21 When this paragraph was revised by Revision Checklist 120, the instructions for revising it
were unclear. According to EPA, the last sentence of 265.441 (b), which introduces the
subparagraphs, is to be removed, as well as subparagraphs (b)(1), (2), and (3). A technical
correction will be published in the Federal Register in the near future.
22 This paragraph was introduced into the Federal code by Revision Checklist 82 as
265.443(a)(4). Revision Checklist 120 completely revised the paragraph by removing the old
265.443(a)(4) and replacing it with 265.443(a)(4)(i) and 265.443(a)(4)(ii).
23 Note that the Federal Register for Revision Checklist 120 is in error. According to EPA, the
last line of 265.443(a)(4)(i) should read "§ 265.442(b) instead of § 265.442(a)" rather than
"§ 265.442(a) instead of § 265.442(b)". As written, the code contradicts what is said in the
265.442(a)&(b) requirements.
24 Revision Checklist 91 added a note regarding an administrative stay with no ending date for
new drip pads. Revision Checklist 101 added a second note addressing an administrative stay
for existing drip pads at wood preserving plants until October 31, 1992. These notes were
removed by Revision Checklist 120 when the administrative stays were terminated by the
Federal Register for that checklist. This same Federal Register does not clearly indicate that
the notes regarding the administrative stays be removed; however, according to EPA, they
should be removed. A technical correction will be published in the Federal Register in the near
future.
25 There appears to be an error in the Federal Register for Revision Checklist 120 at 265.443(b).
The phrase "§ 265.442(b) instead of 5 265.442(a)" likely should be "§ 265.442(a) instead of
§ 265.442(b)." As currently written, the code contradicts the 265.442(a)&(b) reguirements.
2** Revision Checklist 82 introduced the original 265.443(b)(2)(ii) into the code. Revision
Checklist 92 redesignated the original 265.443(b)(2)(ii) as 265.443(b)(2)(iii) and added a new
paragraph 265.443(b)(2)(ii).
27 Note that 265.443(m){3) in the Federal Register 55 FjJ 50450 (December 6, 1990; Revision
Checklist 82) has an incorrect reference. The reference to "paragraph (m)(3) of this section"
should be to "paragraph (m)(1)(iv) of this section." This error was addressed by the July 1,
1990 technical corrections to the rule (56 FR 30192; Revision Checklist 92).
28 Note that the "Special Part B Information Reguired for Drip Pads" was originally at 270.22 as
introduced into the code by Revision Checklist 82. The Boilers and Industrial Furnaces rule
(56 FR 7134; February 21, 1991; Revision Checklist 85) inadvertently removed section
270.22 from the code. The July 1, 1991 (56 FR 30192; Revision Checklist 92) Wood
_. , ' DCWPU93J.14 . RcvMd 09/28/93
Page 45 of 46 r^* 5/3/94
-------
OSWER DIRECTIVE NO. 9541.00-
SPA
CONSOLIDATED CHECKLIST: Wood Preserving Listings
as of June 30, 1993 (cont'd)
Preserving technical corrections notice rectified this problem by redesignating that section, a
introduced by Revision Checklist 82, as 270.26.
DCWPL93J 14 - Ravwad: 09/;
Page 46 of 46
-------
Consolidated Checklist for the Bevill Exclusion for Mining Wastes
as of June 30, 1993
The following consolidated checklist
should be inserted in
SAM Appendix K
-------
-------
OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST
.for
Bevill Exclusion for Mining Wastes as of June 30, 1993
1} This checklist consolidates the changes to the Federal code addressed by the Bevill exclusion
for mining wastes and subsequent revisions that have occurred through June 30, 1993 by the
following checklists:
• Revision Checklist 53 [53 FR 35412 (September 13, 1988)];
• Revision Checklist 65 [54 FR 36952 (September 1, 1989)1;
• Revision Checklist 71 [55 FR 2322 (January 23, 1990)]; and
• Revision Checklist 90 [56 FR 27300 (June 13, 1991)].
The "Checklist Reference" column indicates which of these checklists have affected each listed
citation.
2) Note that in the Federal Register notice addressed by Revision Checklist 90, a series of
appendices follows the change made to 40 CFR 261.4(b)(7). These appendices were not
included in this consolidated checklist because they will not appear in the Code of Federal
Regulations and because the subjects of these appendices are the Public Comments on EPA's
Report to Congress and the Notice of Data Availability.
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
PART 260 - HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL
SUBPART B - DEFINITIONS
DEFINITIONS
1 revise "designated
facility"
71
260.10
Page 1 of 5
DCMW93J.14 - Revrted 9/28/93
Printed. 4/21/94
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OSWER DIRECTIVE NO. 9541.00
SPA
CONSOLIDATED CHECKLIST: Bevill Exclusion for Mining Wastes
as of June 30, 1993 (cont'd) '
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BF
IN
PART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTES
SUBPART A - GENERAL
DEFINITION OF HAZARDOUS WASTE
add exception for
mixture of a
261.4(b)(7) waste
and a solid waste
exhibiting a Subpart
C characteristic
unless resultant
mixture meets certain
characteristic
conditions; mixture is
hazardous relative to
the EP toxicity
characteristic
add "of this part"
after "Subpart D";
add language
excepting mixtures of
hazardous waste and
solid waste excluded
under 261.4(b)(7)
and the mixture no
longer exhibits
hazardous
characteristics for
which the hazardous
waste was listed in
Subpart D
65
65
261.3(a)(2)(i)
261.3(a)(2)(iii)
t '
f
EXCLUSIONS
define beneficiation;
for purpose of
261. 4{b)(7), solid
waste from the
processing of ores
includes:
53,65,
71,90
261.4(b)(7)
Page 2 of 5
DCMW93J.14 - Rovnod
Printed.
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OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Bevill Exclusion for Mining Wastes
as of June 30, 1993 (cont'd)
FEDERAL REQUIREMENTS
specific solid wastes
from the processing
of ores and minerals
CHECKLIST
REFERENCE
53,65,
71
53,71
71
FEDERAL RCRA CITATION
261.4(b)(7)(i)
261.4(b)(7j
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OSWER DIRECTIVE NO. 9541 .OC
SPA
CONSOLIDATED CHECKLIST: Bevill Exclusion for Mining Wastes
as of June 30, 1993 (cont'dl)
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS; STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
. GENT
B
II
Industry and EPA
hazardous waste
No.
Hazardous waste
Hazard code
Primary aluminium:
K088 Spent potliners from primary aluminum reduction
(T)
APPENDIX VII TO PART 261
BASIS FOR LISTING HAZARDOUS WASTE
add the following in
the appropriate
numerical sequence:
53
Appendix VII
EPA hazardous
waste No. Hazardous constituents for which listed
K088
Cyanide (complexes).
PART 262 - STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE
SUBPART B - THE MANIFEST
USE OF MANIFEST
add new paragraph
stating requirements
when shipping
hazardous waste to a
designated facility in
an authorized State
which has not yet
obtained
authorization to
regulate that
particular waste as
hazardous
71
262.23(e)
Page 4 of 5
DCMW93J 14 R*v«*d
Pnrw«d
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OSWER DIRECTIVE NO. 9541.00-20
SPA 14
CONSOLIDATED CHECKLIST: Bevill Exclusion for Mining Wastes =
as of June 30, 1993 (cont'd)
1 Note that this definition in the Federal Register (55 fR 2353, January 23, 1990) and in the
July 1, 1990, 1991 and 1992 CFRs contains a typographical error. The reference to 260.20
should be to 262.20.
2 Note that on March 29, 1990 (55 FR 11798; Revision Checklist 74), EPA promulgated the
Toxity Characterictic (TO Rule which replaced the EP Toxicity Characteristic with the Toxicity
Characteristic Leaching Procedure. However, the March 29, 1990 rule and subsequent
revisions to the TC Rule failed to correct the reference to the EP Toxicity characteristic at
261.3(a)(2)(i). This error has been corrected by the June 1, 1992 interim final rule (56 FR
23062; Revision Checklist 117B). Thus, States that have adopted the TC Rule must replace
the reference to the EP Toxicity characteristic with a reference to the Toxicity Characteristic.
3 Note that the BIF Rule as addressed by Revision Checklist 85 (56 FR 7134; February 21,
1991) amended this paragraph by exempting facilities that burn or process hazardous waste,
as provided by 266.112, from the exclusion. States which have adopted the Revision
Checklist 85 provisions must also adopt the changes addressed by that checklist for this
paragraph.
4 The list of excluded wastes from the processing of ores and minerals, currently represented by
261.4(b)(7)(i)-(xx) as per Revision Checklist 71, has undergone extensive formatting changes
over time. Revision Checklist 53 addressed a fairly short list of wastes numbered
261.4(b)(7)(i)-(vi). Revision Checklist 65 made significant changes in that 261.4(b)(7)(i)(A)-(E)
represented five wastes retained under the exclusion, and 26l.4(b)(7)(ii)(A)-(T) represented
twenty wastes conditionally retained under the exclusion. Citations numbered (b)(7)(iii)-(vi)
were omitted at that point in time. Finally, Revision Checklist 71 resulted in a list of 20
wastes retained under the exclusion, numbered 261.4(b)(7)(i)(-(xx). Therefore, the references
to Checklists 53 and 65 in the "Checklist reference" column are relevant only insofar as the
numbering format on the Federal RCRA citations are concerned, as opposed to the text of the
citations. Many of- the wastes addressed by Revision Checklist 65 under paragraphs (i) and (ii)
are addressed in paragraphs (i)-(xx) in Revision Checklist 71.
DCMW33J.14 - Revised 9/28/93
Page 5 of 5 pnm»d 4/21/9*
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