&EPA
United States
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
DIRECTIVE NUMBER: 9541.00-11
State Programs Advisory (SPA) |6
APPROVAL DATE: 8/2/39
EFFECTIVE DATE: 8/2/89
ORIGINATING OFFICE:
0 FINAL
D DRAFT
STATUS:
REFERENCE (other documents):
OSWER OSWER OSWER
fE DIRECTIVE DIRECTIVE Di
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vironmental rroieciion
Washington. DC 20460
OSWER Directive Initiation Request
1. Directive Number
9541.00-11
2. Originator Information
Name of Contact Person
Alexander L. Wolfe
Mail Code
OS-342
Office
OSW
Telephone Code
(202) 382-2210
3. Title
State Programs Advisory (SPA) #6
4. Summary of Directive (include brief statement of purpose)
The purpose of this Directive is to update the "State Consolidated RCRA Authorization
Manual (SCRAM)" (OSWER Directive #9540.00=09). SPA #6 covers RCRA program changes for
the period of July 1, 1988, through December 31/ 1980. It includes 11 new checklists,
Attorney General's Statement language for the changes covered by the SPA, and other
revised material. i
5. Keywords
State Authorization / State Program / RCRA
6a. Does This Directive Supersede Previous Directive(s)?
XXX No
b. Does It Supplement Previous Directive(s)?
No
XXX
Yes What directive (number, title)
Yes What directive (number, title)
#9540.00-09 / #9541.00-06 / #9541.00-07 / #9541.00-09 / #9541.00-10
7^Draft Level
A - Signed by AA/DAA
B - Signed by Office Director
C - For Review & Comment
D - In Development
8. Document to be distributed to States by Headquarters?
XXX
Yes
No
This Request Meets OSWER Directives System Format Standards.
9. Signature of Lead Office Directives Coordinator i iiiit,/!^ A ^ntli i «-
Jennifer A. Barker,) Policy Directives Coordinator, OSW
10. Name and Title of Approving Official
Sylvia K. Lowrance, Director, Office of Solid Waste
Date
8/2/89
Date
7/13/89
EPA Form 1315-17 (Rev. 5-87) Previous'editions are obsolete.
OSWER OSWER OSWER O
VE DIRECTIVE DIRECTIVE DIRECTIVE
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QSWER POLICY DIRECTIVE 19541.00-11
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
I O *"***> OFFICE OP
I O KJOS SOLID WASTE AND EMERGENCY RESPONSE
MEMORANDUM
SUBJECT: State Programs Advisory Number Six
FROM: /^Sylvia K. Lowrance, Direct
Jffice of Solid Waste
TO: Regional Division Directors, Regions I-X
The State Programs Branch (SPB) periodically issues State
Programs Advisories (SPAs) to update the "State Consolidated
RCRA Authorization Manual" (SCRAM) as new RCRA program
jpolicies, regulations, and self-implementing statutory
provisions come into effect.
The purpose of this memo is to send you SPA *6 which
covers RCRA program changes for the period July 1, 1989
through December 31, 1989. Included in the SPA are eleven
new checklists, model Attorney General's Statement language
for the changes covered by the SPA, and other revised
materials. Please note that the checklist for Land Disposal
Restrictions for the "First Third" wastes is included in this
SPA. (see attached list).
If you have questions about any of these materials,
please contact Alex Wolfe, Chief, Implementation Section,
State Programs Branch at FTS 382-2210.
Attachments
cc: Branch Chiefs, Region I-X
Section Chiefs, Region I-X
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ATTACHMENT
List of materials included in SPA#6
o Eleven additional checklists (numbered 47 -50 and 52 - 58)
for rules that fall within three Clusters, non-HSWA V, HSWA
I and HSWA II.
o Revised portions of the SCRAM necessitated by addition of
eleven new checklists.
o Revised copies of the 272 Codification Models G and H,
proposed/final and immediate final rule.
o Updated pages of existing checklists for substitution in
the SCRAM
o Revision Checklist Linkage Table.
NOTE;
Revision Checklist number 51 has been reserved pending
resolution of litigation surrounding the September 1, 1988
(53 FR 33938) final rule.
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STATE PROGRAM ADVISORY #6
A. STATE PROGRAM CHANGES FOR JULY 1, 1988 - December 31, 1988
1. Identification and Listing of Hazardous Waste; Technical Correction
Date: July 19, 1988 Reference: 53 FR 27162-27163
Effective: July 19, 1988
Summary: This technical correction amends a final rule promulgated
March 24, 1986 (51 Fi 10174), that established special requirements for
generators of between 100 and 1,000 kilograms of hazardous waste per month
(addressed by Revision Checklist 23). A typographical error inadvertently
changed a requirement for generators of acute hazardous waste. Today's
correction amends the regulation to restore the correct language and
inserts a note to further clarify the point.
State Authorization: This is a HSWA rule and will be included in HSWA
Cluster I because it corrects Revision Checklist 23 which is in this
cluster. The state modification deadline is July 1, 1989. States are
encouraged to adopt these technical corrections when Revision Checklist
23's changes are adopted. If this checklist has already been adopted,
states should adopt these technical corrections as soon as possible. Both
interim and final authorization are available. The state revision
application must include a revised program description, an A& statement
addendum, an addendum to the MOA (if appropriate), Revision Checklist 47
and associated state regulations.
SCRAM Update: Updates to Table A-l of Appendix A and to the Model Attorney
General's Statement are necessary to reflect the addition of this
checklist. These revisions are addressed in Section B of this SPA.
2. Farmer Exemptions; Technical Corrections
Date: July 19, 1988 Reference: 53 FR 27164-27165
Effective: July 19, 1988
Summary: These technical corrections correct cross-referencing errors
made in regulations promulgated for the export of hazardous waste on August
8, 1986 (51 FR 28664, Checklist 31). Those regulations resulted in moving
the RCRA farmer exemption to a new section in the CFR, but failed to modify
a number of other sections in the CFR which refer to the farmer exemption
by section. Other technical corrections to the farmer exemption made by
this July 19 FR were previously corrected as part of developing Revision
Checklist 39. These corrections are addressed in one of the footnotes to
that checklist.
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QSWER POLICY DIRECTIVE #9541.00-11
State Authorization: This is a HSWA rule and will be included in HSWA
Cluster I because it corrects Revision Checklist 31 which is in this
cluster. The state modification deadline is July 1, 1989. States are
encouraged to adopt these technical corrections when they adopt Revision
Checklist 31's changes. If this checklist has already been adopted, states
should adopt the technical corrections as soon as possible. Both interim
and final authorization are available. The state revision application must
include a revised program description, an A6 statement addendum, an
addendum to the MOA (if appropriate), Revision Checklist 48 and associated
state regulations.
SCRAM Update: Updates to Table A-l of Appendix A and to the Model Attorney
General's»Statement are necessary to reflect the addition of this
checklist. These revisions are addressed in Section B of this SPA.
3. Identification and Listing of Hazardous Waste; Treatability Studies
Sample Exemption"
Date: July 19, 1988 Reference: 53 FR 27290-27302
Effective: July 19, 1988
Summary: This rule exempts, within certain limitations, waste samples used
in small-scale treatability studies from Subtitle C regulation under the
Resource Conservation and Recovery Act (RCRA). Consequently, generators of
the waste samples and owners or operators of laboratories or testing
facilities conducting such treatability studies will be exempt from the
Subtitle C hazardous waste regulations, including the permitting
requirements, when certain conditions are met.
This rule adopts the exemption in sections 261.4(e) and (f), which are less
stringent than existing Federal requirements; thus, authorized states are
not required to adopt these sections. However, EPA strongly encourages
states to do so as quickly as possible, as this rule is needed to
facilitate evaluating remediation alternatives for CERCLA clean-ups and the
RCRA Corrective Action Program. It will also help speed research and
development for treatment alternatives to land disposal and waste
minimization.
State Authorization: This is a non-HSWA rule and will be included in
non-HSWA Cluster V. The state modification deadline is July 1, 1990.
(Note: The deadlines given in the Federal Register are incorrect.) Only
final authorization is available. The state revision application must
include a revised program description, an AG statement addendum, addendum
to MOA (if appropriate), Revision Checklist 49, and associated state
regulations. EPA will undertake expedited review of state revision
applications. Also, EPA encourages states to use existing authorized state
authorities (such as permit waiver or emergency permit provisions) to
exempt treatability study activities pending authorization (see 53 FR at
27300). ~~
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QSWER DIRECTIVE §9541.00-11
SCRAM Update: Updates to Table A-l of Appendix A and to the Model Attorney
General's Statement are necessary to reflect the addition of this
checklist. These revisions are addressed in Section B of this SPA.
4. Land Disposal Restrictions for First Third Scheduled Wastes
Date: August 17, 1988 Reference: 53 FR 31138-31222 and
As amended February 27, 1989 54 FR 8264-8266
Effective: August 8, 1988, except
for the modifications to
268.5(h)(2) which are
effective November 8, 1988 I/
Summary: This rule promulgates specific treatment standards and effective
dates for certain so-called "First Third" wastes. In addition, the Agency
is promulgating regulations implementing the land disposal restrictions for
those First Third wastes for which EPA is not establishing a treatment
standard. In particular, EPA is applying to First Third waste the
requirement that wastes granted a national capacity variance under 3004(h)
and wastes for which no treatment standard is set and are destined for a
landfill or surface impoundment under 3004(g)(6) must be disposed in a unit
meeting minimum technological requirements. This rule also establishes
regulations which do not involve First Third wastes, including
modifications to existing "no migration" petition process requirements, and
the rescission of the nationwide capacity variance for hazardous wastes
(other than contaminated soils) containing halogenated organic compounds
(HOCs) granted by EPA on July 8, 1988 (52 FR 25760). The treatment
standard for certain California list wastes and methylene chloride in
pharmaceutical industry spent solvent wastewaters are amended. Also,
266.20 is amended to require most hazardous wastes used in a manner
constituting disposal to meet the applicable treatment standards for the
prohibited waste they contain.
The delegability of the land disposal restrictions remains unchanged from
the July 8, 1988 (52 FR 25760, Revision Checklist 39) rule. EPA will
continue to handle "no migration" petitions (268.6) at Headquarters, though
the states may be authorized to grant these petitions in the future.
Note: EPA has been subject to extensive litigation over the First Third
rule. Certain aspects of this rule have been amended or delayed, in part
as a result of settlement agreements. If portions of this rule are
remanded as a result of litigation, the checklist will be revised after
that time. Thus, Revision Checklist 50 indicates, where appropriate,
certain provisions that states need not adopt at this time. If or when
I/ An administrative stay was published on January 27, 1989 (54 FR 4021)
but expires 30 days after EPA takes final action on the November 17,
1988, solicitation of conrents.
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OSWER POLICY DIRECTIVE #9541.00-11
imposed at a later date, these requirements will be the subject of subsequent
checklists.
State Authorization: This is a HSWA rule and will be included in HSWA
Cluster II. The state modification deadline is July 1, 1991. Both interim
and final authorization are available. The state revision application must
include a revised program description, an AG statement addendum, an addendum
to the MOA (if appropriate), Revision Checklist 50 and associated state
regulations.
SCRAM Update: Updates to Table A-l of Appendix A and to the Model Attorney
General's statement are necessary to reflect the addition of this
checklist. These revisions are addressed in Section B of this SPA.
5. Standards Applicable to Owners and Operators of Hazardous Waste
Treatment. Storage, and Disposal Facilities; Liability Coverage
Date: September 1, 1988 Reference: 53 FR 33938-33960
Effective: October 3, 1988
This section has been reserved because the final rule addressed by Revision
Checklist 51 is currently subject to litigation. Its number and placement
in non-HSWA Cluster V are reserved for insertion of the checklist when this
litigation has been resolved. Also, an entry for this checklist will not
be made in the Model Attorney General's Statement until this litigation is
resolved.
6. Hazardous Waste Management System; Standards for Hazardous Waste
Storage and Treatment Tank SysteHns
Date: September 2, 1988 Reference: 53 FR 34079-34087
Effective: September 2, 1988
Summary: This rule provides additional interpretation, clarification, and
correction of typographical errors for the final rule issued for hazardous
waste tank systems on July 14, 1986 (51 FR 25422; Revision Checklist 28).
State Authorization: Sections of this rule that are non-HSWA related will
be included in non-HSWA Cluster V; sections of this rule that are
HSWA-related will be included in HSWA Cluster II. It is recanaemted that
States seek program modification for the rules promulgated under both
clusters by the deadline for non-HSWA Cluster V, July 1, 1990. Hon-HSHA
regulations include 264.114, 265.114, 265.210(c)(3), and 270.2. Only final
authorization is available. The state revision application must include a
revised program description, an AG statement addendum, addendum to KQA (if
appropriate), Revision Checklist 52, and associated state regulations.
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OSWER POLICY DIRECTIVE #9541.00-11
SCRAM Update: Updates to Table A-l of Appendix A and to the Model Attorney
General's Statement are necessary to reflect the addition of this
checklist. These revisions are addressed in Section B of this SPA.
7. Identification and Listing of Hazardous Waste; and Designation,
Reportable Quantities, and Notification
Date: September 13, 1988 Reference: 53 FR 35412-35421
Effective: March 13, 1989
Summary: As a direct response to a court order, EPA is adding six wastes
to the list of hazardous wastes from specific sources (40 CFR 261.32). The
six hazardous wastes are generated from metal smelting operations, these
wastes were previously listed as hazardous, but the listings were suspended
because of the "Bevill Amendment."
State Authorization: This is a non-HSWA rule and will be included in
non-HSWA Cluster V. The state modification deadline is July 1, 1990. Only
final authorization is available. The state revision application must
include a revised program description, an AG statement addendum, addendum
to MOA (if appropriate), Revision Checklist 53, and associated state
regulations.
SCRAM Update: Updates to Table A-l of Appendix A and to the Model Attorney
General's Statement are necessary to reflect the addition of this
checklist. These revisions are addressed in Section B of this SPA.
8. Permit Modifications for Hazardous Waste Management Facilities
Date: September 28, 1988 Reference: 53 FR 37912-37942 and
As amended 53 FR 41649
October 24, 1988 "~
Effective Date: October 28, 1988
Summary: This rule provides owners and operators with more flexibility to
modify permit conditions, expands public notification and participation
opportunities, and allows for expedited approval if no public concern
exists for a proposed permit modification. Three classes of selected
permit modifications have been categorized (Classes 1, 2, and 3) with
administrative procedures specified for approving modifications within each
class.
Authorized states are not required to modify their programs to reflect the
changes detailed in this rule, because the changes are not more stringent
than the existing Federal requirements. States are strongly encouraged,
however, to adopt this permit modification rule as promulgated. States may
also receive authorization for the incorporation of only selected portions
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OSWER POLICY DIRECTIVE #9541.00-11
of the rule insofar as the overall effect of their program is no less
stringent than the Federal program. The Federal Register (pages 37933 and
37934) discusses possible components of the rule that States may elect to
adopt.
State Authorization: This is a non-HSWA rule and will be included in
non-HSWA Cluster V. The state modification deadline is July 1, 1990. Only
final authorization is available. The state revision application must
include a revised program description, an AG statement addendum, addendum
to MOA (if appropriate), Revision Checklist 54, and associated state
regulations.
SCRAM Update: Updates to Table A-l of Appendix A and to the Model Attorney
General's Statement are necessary to reflect the addition of this
checklist. These revisions are addressed in Section B of this SPA.
9. Statistical Methods for Evaluating Ground-water Monitoring
Data from Hazardous Waste Facilities
Date: October 11, 1988 Reference: 53 FR 39720-39731
Effective: April 11, 1989
Summary: This rule refines statistical methods that must be used to
evaluate the presence or increase in contamination of groundwater at
permitted hazardous waste land disposal facilities. The rule specifies
five different statistical methods that are more appropriate to ground-
water monitoring than the Cocnran's Approximation to the Behren's-Fisher
Student's t test. These amendments also outline sampling procedures and
performance standards designed to help minimize the event that a
statistical method will indicate contamination when it is not present (Type
I error), and fail to detect contamination when it is present (Type II
error).
State Authorization: This is a non-HSWA rule and will be included in
non-HSWA Cluster V. The state modification deadline is July 1, 1990. Only
final authorization is available. The state revision application must
include a revised program description, an AG statement addendum, addendum
to MOA (if appropriate), Revision Checklist 55, and associated state
regulations.
SCRAM Update: Updates to Table A-l of Appendix A and to the Model Attorney
General's Statement are necessary to reflect the addition of this
checklist. These revisions are addressed in Section B of this SPA.
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OSWER POLICY DIRECTIVE #9541.00-11
10. Identification and Listing of Hazardous Uaste; Removal of
Iron Dextran from the List of Hazardous Wastes
Date: October 31, 1988 Reference: 53 FR 43878-43881
Effective: October 31, 1988
Summary: This rule removes iron dextran (EPA Hazardous Waste No. U139)
from the list of commercial chemical products which are hazardous wastes
when discarded or intended to be discarded (40 CFR Part 261.33) and from
the list of RCRA hazardous constituents, Appendix VIII of Part 261. This
rule also removes iron dextran from CERCLA's list of hazardous substances.
Although iron dextran has been de%ignated a Class B2 carcinogen by.EPA's
Carcinogen Assessment Group, this designation was based on studies limited
to animals which were given subcutaneous or intramuscular injections of
iron dextran. EPA now concludes that iron dextran, when discarded, does
not pose a significant hazard to human health or the environment, because,
due to its size, stability, and osmotic pressure, it is not absorbed by the
oral, dermal, or inhalation routes. Also, exposure via subcutaneous or
intramuscular injection is unlikely.
Authorized states are not required to modify their programs to reflect this
generic delisting, because this rule reduces the scope of existing Federal
requirements.
State Authorization: This is a non-HSWA rule and will be included in
non-HSWA Cluster V. The state modification deadline is July 1, 1990. Only
final authorization is available. The state revision application must
include a revised program description, an AG statement addendum, an
addendum to the MOA (if appropriate), Revision Checklist 56, and associated
state regulations.
SCRAM Update: Updates to Table A-l of Appendix A and to the Model Attorney
General's Statement are necessary to reflect the addition of this
checklist. These revisions are addressed in Section B of this SPA.
11. Identification and Listing of Hazardous Waste; Removal of
Strontium Sulfide from the List of Hazardous Wastes
Date: October 31, 1988 Reference: 53 FR 43881-43884
Effective: October 31, 1988
Summary: This rule removes strontium sulfide (EPA Hazardous Waste Ho.
P107) from the list of commercial chemical products which are hazardous
wastes when discarded or intended to be discarded (40 CFR 261.33) and from
the list of RCRA hazardous constituents, Appendix YIII~oT Part 261. This
rule also removes strontium sulfide from the list of hazardous substances
under CERCLA.
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OSWER POLICY DIRECTIVE #9541.00-11
EPA's original designation of strontium sulfide was primarily based on its
LDL listed in the Registry of Toxic Effects of Chemical Substances by the
National Institute for Occupational Safety and Health in 1978, which failed
to include the qualifying statement by the original researcher that the
toxicity for strontium sulfide was based upon "obviously inadequate data"
and that it could "represent no more than guesses." The Agency has sought
but has not been able to locate any other studies of the toxicity of this
substance; this delisting is due to this lack of reliable information. The
Agency feels there is insufficient evidence to support the continued
testing of strontium sulfide as either an acute hazardous waste or as a
toxic waste. This delisting notwithstanding, the Agency believes that
wastes containing high concentrations of strontium sulfide may exhibit the
characteristic of rea«tivity, in which case they must be handled as
hazardous waste.
Authorized states are not required to modify their programs to reflect this
generic delisting, because this rule reduces the scope of existing Federal
requirements.
State Authorization: This is a non-HSWA rule and will be included in
non-HSWA Cluster V. The state modification deadline is July 1, 1990. Only
final authorization is available. The state revision application must
include a revised program description, an AG statement addendum, an
addendum to the MOA (if appropriate), Revision Checklist 57, and associated
state regulations.
SCRAM Update: Updates to Table A-l of Appendix A and to the Model Attorney
General's Statement are necessary to reflect the addition of this
checklist. These revisions are addressed in Section B of this SPA.
12. Standards for Generators of Hazardous Waste
Date: November 8, 1988 Reference: 53 FR 45089-45093
Effective: November 8, 1988
This section has been reserved because certain issues relating to Revision
Checklist 58 have not as yet been resolved. Its number and placement in
non-HSWA Cluster V are reserved for insertion of this checklist when these
issues have been resolved. An entry for this checklist will not be made in
the Model Attorney General's Statement until this time, as well.
B. REVISIONS TO SCRAM
The addition of twelve new checklists (one of which is reserved due to
litigation) necessitates revisions to Table A-l of Appendix A, and to the
Model Attorney General's Statement. These sections are included in
Attachment B and should replace these parts in the most recent SCRAM.
Specifically, the revisions are as follows:
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OSWER POLICY DIRECTIVE #9541.00-11
o The revised Table A-l should replace pages 2-2a through A-2g of
SCRAM. Table A-l was revised by adding non-HSWA Cluster V to the
cluster list on Page A-2a as well as by adding this cluster to
the main body of the Table (i.e., pp.2-2b through 2-2g).
Revision checklists 49, 51 and 53 through 58 were placed in
non-HSWA Cluster V. These checklists open this cluster which
closes on June 30, 1989. Revision Checklist 50 is in HSWA
Cluster II which closes on June 30, 1990. Revision Checklist 52
belongs in both clusters as it contains both HSWA and non-HSWA
changes to the regulations. Revision Checklists 47 and 48 both
address technical corrections to existing revision checklists
that are in HSWA Cluster I. As such, both Revision Checklists 47
and 48 were placed in this cluster, reflecting the new procedure
of placing technical corrections in the same cluster as the
checklist they correct. Similarly, Revision Checklist 46 was
changed from non-HSWA Cluster IV to non-HSWA Cluster III, as it
is a technical correction to Revision Checklist 29 which is in
non-HSWA Cluster III. As this procedure was made retroactive
only to the checklists covered by SPA 4, Revision Checklist 46
was the only existing checklist whose cluster was changed.
o The revised Model Attorney General's Statement should replace
pages 3.3-4 through 3.3-23 of the SCRAM. Sections I B, VII A,
XIV, XV I, and XXI A & B were revised and Sections I A (10) &
(11), I H, I I, XI C, XVI P and XXI C were added to reflect the
addition of eleven of the new checklists. An entry was not made
for Revision Checklist 51, as the final rule it represents is
currently subject to litigation. Sections I B and I E of the
Model Attorney General's Statement were also revised to reflect
Revision Checklists 17 A and 17 C, respectively, as these
references had inadvertently been left out of the Model Attorney
General's Statement. Several typographical errors were also
corrected including the incorrect reference to 17 F by XVI M.
"17 F" was changed to "44 F." A footnote was also added to the
Model Attorney General's Statement to clarify the difference
between XV. STANDARDS FOR FACILITIES and XI. GROUNDWATER
MONITORING as the latter set of changes are a subgroup of the
former set of changes. Also, Section XII B has caused some
confusion due to its general reference to §3004(q)-(s) of RCRA.
This section was revised to be more specific.
Review of the Model Federal Register Notices has uncovered sections of
Models C, G and H which need revision. These revised models may also be
found in Attachment B and they should replace Models G and H (pp. C-48
through C^7Q) and tne first two pages of Model C (pp. C-26 & C-27) in the
existing SOW*. On Model C the CFR reference at the top of page C-26 was
changed from "272" to "271." Page C-27 is included for convenience to
avoid paging problems. The specific changes for G and H are as outlined
below:
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OSWER POLICY DIRECTIVE #9451.00-11
The provisions of authorized state law that EPA will enforce RCRA
under have been changed from "3008, 3013 and 7003" to "3008."
A sentence regarding the time frame for EPA to amend a State's
Part 272 codification relative to new HSWA provisions was
removed.
C. CORRECTIONS TO EXISTING REVISION CHECKLISTS
In reviewing state authorization packages, several errors in existing base
program and revision checklists have come to the attention of the State
Programs Branch. This section addresses these errors. Base program and
revision checklist pages for substitution in the existing SCRAM are
provided in Attachment C.
The specific revisions are as follows:
o Checklist IVB, Page A-56, 265.145 (h). "265.140(h)M was changed
to "265.145(h)."
o Revision Checklist 13, Page 3, 261.6(a)(3). "For" was changed to
"from." -
. o Revision Checklist 21, Page 1, 261.32. In the K118 listing,
"debromide" was changed to "dibromide."
o Revision Checklist 22, Page 1, 261.31. A chemical was left out
of the F005 listing; consequently, "2-ethoxyethanol, and" was
inserted after abenzene.u
o Revision Checklist 23, Page 1. A citation (261.5 (k)) and
description (remove paragraph) were added at the end of the page.
The Federal Register addressed by this checklist removed this
paragraph, but it was not indicated on the checklist. This
change corrects this omission.
o Revision Checklist 28, Page 1. A note was added to the top of
this checklist explaining its relationship to Revision Checklist
52. Also, some changes (additions and deletions) were made in
the checklist as to which citations are affected by Footnote 1.
This footnote indicates which regulations are HSWA-related.
o Revision Checklist 31, Page I. Special Mote No. 3 was added at
the top of this page regarding the failure of EPA to modify a
nwnber of sections in the CFR affected by moving the fanner
exemption to a new paragraph. States are encouraged to address
the corresponding technical corrections of Revision Checklist 48
when modifying the farmer exemption as per Revision Checklist 31.
10
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OSWER POLICY DIRECTIVE #9541.00-11
Revision Checklist 34, Page 1. A second note was added to this
checklist explaining its relationship to Revision Checklist 50.
Revision Checklist 39, Page 1. A second note was added to this
checklist explaining its relationship to Revision Checklist 50.
Revisi'on Checklist 46, Page 1. A note was added to this
checklist explaining why it is in non-HSWA Cluster III rather
than in non-HSWA Cluster IV.
D. REVISION CHECKLIST LINKAGE TABLE
The "Revision Checklist Linkage Table" has been included as part of the SPA
for the convenience of SCRAM users, Regional staff, and states seeking
authorization for changes in their existing RCRA program. This table's
purpose is to clearly show which Revision Checklists are "linked" in that
they affect similar sections of code. This table may be found in
Attachment D.
If you need or are interested in information on the "change" or "revision"
history of a particular section of code, you should consult FEDTRAK Report
3--Citation Change History. A copy of this report may be obtained from
Paul Nowak of the Headquarters State Program Branch.
11
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OSWER POLICY DIRECTIVE #9541.00-11
ATTACHMENT A
New Revision Checklists
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OSWER POLICY DIRECTIVE #9541.00-11
RCRA REVISION CHECKLIST 47
Identification and Listing of Hazardous Waste;
Technical Correction
53 FR 27162-27163
July 19, 1988
(HSWA Cluster I)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE I REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
NOTE: This is a technical correction to the March 24, 1986, 51 FR 10174 addressed
by Revision Checklist 23. This present checklist has been placed in HSWA Cluster
I, because it corrects a checklist in that cluster. Because this cluster is
already closed, states need to adopt this technical correction as soon as
possible.
PART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
SUBPART A - GENERAL
SPECIAL REQUIREMENTS FOR HAZARDOUS WASTE GENERATED BY CONDITIONALLY
EXEMPT SMALL QUANTITY GENERATORS
add comment to end
of paragraph
change 262.34(d)
reference to
262.34(a)
261. 5(e)
261.5(f)(2)
July 19, 1988 - Page 1 of 1
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QSWER POLICY DIRECTIVE #9541.00-11
RCRA REVISION CHECKLIST 48
Farmer Exemptions; Technical Corrections
53 FR 27164-27165
July 19, 1988
(HSWA Cluster I)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE | REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
This is a technical correction to the August 8, 1986, 51 FR 28664 addressed by
Revision Checklist 31. This FR also makes technical corrections (i.e., to 262.51
and 262.70) to the July 8, 1987 52 FR 25760 addressed by Revision Checklist 39;
however, those errors were detected when Revision Checklist 39 was developed. As
such, Revision Checklist 39 addresses these corrections and there is no need to
address them in this present checklist.
This present checklist has been placed in HSWA Cluster I, the same cluster as the
revision checklist it corrects. Because thfs cluster is already closed, states
should adopt these changes as soon as possible.
(1)
PART 262 - STANDARDS APPLICABLE TO GENERATORS OF
HAZARDOUS WASTE
SUBPART A - GENERAL
PURPOSE, SCOPE, AND APPLICABILITY
change 262.51
reference to 262.70
change 262.51
reference to 262.70;
insert "268"
262.10(b)
262.10(d)
PART 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE
TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SUBPART A - GENERAL
PURPOSE, SCOPE, APPLICABILITY
change 262.51
reference to 262.70
26*.l(g)(4)
(1) Technical corrections to §262.51 and $262.70 cited by this FR were previously
addressed by Revision Checklist 39; thus, there is no need to address them in
this checklist.
July 19, 1988 - Pag* 1 of 2
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OSWER POLICY DIRECTIVE #9541.00-11
RCRA REVISION CHECKLIST 48: Fanner Exemptions;
Technical Corrections (Cont'd)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE | REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
PART 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF
HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SUBPART A - GENERAL
PURPOSE, SCOPE, APPLICABILITY
change 262.51
reference to 262.70
265.1(c)(8)
PART 268 - LAND DISPOSAL RESTRICTIONS
SUBPART A - GENERAL
PURPOSE, SCOPE, APPLICABILITY
change 262.51
reference to 262.70
268.1(c)(5)
PART 270 - EPA ADMINISTERED PERMIT PROGRAMS: THE
HAZARDOUS WASTE PERMIT PROGRAM
SUBPART A - GENERAL INFORMATION
PURPOSE AND SCOPE OF THESE REGULATIONS
change 262.51
reference to 262.70
270.l(c)(2)(11)
July 19, 1988 - Page 2 of 2
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OSWER POLICY DIRECTIVE #9541.00-11
RCRA REVISION CHECKLIST 49
Identification and Listing of Hazardous Waste;
Treatability Studies Sample Exemption
53 FR 27290-27302
July 19, 1988
(non-HSWA Cluster V)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE | REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
Note: The standards addressed by 261.4(e) and (f) are less stringent than
existing Federal requirements; thus, authorized states are not required to adopt
them. EPA strongly encourages states, however, to do so to facilitate evaluating
remediation alternatives for CERCLA clean-ups and the RCRA Corrective Action
Program. This rule will also speed research and development for treatment
alternatives to land disposal and waste minimization, recycling, and reuse.
PART 260 - HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL
SUBPART B - DEFINITIONS
DEFINITIONS
t add "treatability
study"
260.10
PART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
SUBPART A - GENERAL
t EXCLUSIONS
regulation of
treatability
study samples and
relation to quantity
determination of
261.5 and 262.34(d)
collection and
preparation of
sample for
transport
accumulation or
storage of sample
prior to
transport
261.4(e)(l)
261.4(e)(l)
(i)
261.4(e)(l)
(ii)
July 19, 1988 - Page 1 of 4
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OSWER POLICY DIRECTIVE 19541.00-11
RCRA REVISION CHECKLIST 49: Identification and Listing of Hazardous
Waste; Treatability Studies Sample Exemption (Cont'd)
FEDERAL REQUIREMENT
transport of sample
to laboratory or
testing facility
introductory
paragraph
regarding
provisions for
exemption under
(e)(l)
sample size limit
by hazardous waste
type for sample
collector
weight limit
for each sample
shipment
packaging require-
ments for sample
compliance with
U.S. DOT, USPS
or other for
transport
information required
if DOT, USPS, or
other do not apply
to shipment
laboratory or
testing facility
requirements
3 year maintenance
of specified records
records which must
be maintained" ""
biennial report
requirements
granting of requests
for additional
quantities; applica-
tion procedure
reason for request
and additional
quantity needed
required
documentation
RCRA CITE
261.4(e)(l)
(iii)
261.4(e)(2)
261.4(e)(2)
(1)
261.4(e)(2)
!11!
26l.4(e)(2)
(iii)
261.4(e)(2)
(iiiHA)
261.4(e)(2)
(iii)(B)
(l)-(5)
261.4(e)(2)(iv)
261.4(e)[2)[v)
261.4 e2)(v)
(A)-(C)
261.4(e)(2)(vi)
261.4(e)(3)
261.4(e)(3)(i)
261.4(e)(3)(ii)
STATE AUTHORITY
STATUTE | REGULATION
- - - - -
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
.
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July 19, 1988 - Page 2 of 4
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QSWER POLICY DIRECTIVE #9541.00-11
RCRA REVISION CHECKLIST 49: Identification and Listing of Hazardous
Waste; Treatability Studies Sample Exemption (Cont'd)
FEDERAL REQUIREMENT
description of
technical
modifications
equipment and
mechanical failure
information
other information
requirements for
samples undergoing
treatability
studies at labs and
testing facilities
notification
requirements
EPA identification
number of laboratory
or testing facility
single day quantity
restrictions on
initiation of
treatment studies
limitations on
storage of
treatability
study samples
exclusion of
treatability
study residues
exclusion of
added treatment
materials
90 days/1 year
limitations on
duration of
exemption
land placement and
open burning of
study samples not
allowed
3 year maintenance
and storage of
treatability
study records
RCRA CITE
261.4(e)(3)
(111)
261.4(e)(3)(iv)
261.4(e)(3)(v)
\
261. 4(f)
261.4(f)(l)
261.4(f)(2)
261.4(f)(3)
261.4(f).(4)
26l.4(f)(4)(1)
261.4(f)(4)(11)
261.4(f)(5)
261.4(f)(6)
261.4(f)(7)
STATE AUTHORITY
STATUTE | REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
July 19, 1988 - Page 3 of 4
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OSWER POLICY DIRECTIVE #9541.00-11
RCRA REVISION CHECKLIST 49: Identification and Listing of Hazardous
Waste; Treatability Studies Sample Exemption (Cont'd)
FEDERAL REQUIREMENT
list of specific
information
needed for each
treatability study
3 year maintenance
of shipping records
and treatability
study contract
laboratory or
treatability
study facility
annual report
requirement
required annual
report information
hazardous waste
determination for
unused samples
by facility
notification when
facility
discontinues
treatability
studies
RCRA CITE
261.4(f)(7)
(i)-(vii)
261.4(f)(8)
261.4(fH9)
261.4(f)(9)
(i)-(vii)
261.4(f)(10)
261.4(f)(ll)
STATE AUTHORITY
STATUTE | REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT. EXPLAIN
..
July 19, 1988 - Page 4 of 4
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QSWER POLICY DIRECTIVE #9541.00-11
RCRA REVISION CHECKLIST 50
Land Disposal Restrictions for First Third
Scheduled Wastes
53 FR 31138-31222
August 17, 1988
as amended on February 27, 1989, 54 FR 8264
(HSWA Cluster II)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE | REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
Note: The Federal Register addressed by this checklist is the third in a series
of rules restricting the land disposal of hazardous waste. Previous related
checklists include Revision Checklists 34 and 39. In addition, certain sections
of this checklist were stayed administratively (see January 27, 1989, at 54 FR
4021) or have been modified as the result of litigation (see February 27, 1989, at
54 FR 8264). Modified sections are specifically noted below. This checklist may
be modified in response to further litigation.
Certain sections or paragraphs of the land disposal restrictions are not
delegable, specifically 268.5, 268.42(b) and 268.44. These continue to be
nondelegable. With regard to 268.6, "no-migration" petitions, EPA will continue
to handle these petitions at Headquarters though states may be authorized to grant
these petitions in the future..
PART 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT,
STORAGE, AND DISPOSAL FACILITIES
SUBPART B - GENERAL WASTE ANALYSIS
GENERAL WASTE ANALYSIS
clarify language and
apply testing to soft
hammer wastes in
treatment surface
impoundments
apply to wastes that
do not meet treatment
standards
apply to wastes for
which no treatment
standards are
established"
prohibited disposal
of residues under
268.32 or 3004(d)
prohibited disposal
of residues
under 268.33(f)
264.13(b)(7)
(iii)
264.13(b)(7)
(iii)(A)
264.13(b)(7)
(iiiMB)
264.13(b)(7)
(11D(B)(1)
264.13(b)(7)
(11i)(B)(2)
-
August 17, 1988 - Page 1 of 28
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OSWER POLICY DIRECTIVE #9541.00-11
RCRA REVISION CHECKLIST 50: Land Disposal Restrictions for
First Third Scheduled Wastes (Cont'd)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE | REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT. EXPLAIN
SUBPART E - MANIFEST SYSTEM, RECORDKEEPING AND REPORTING
OPERATING RECORD I/
remove or" after
268.5; add clause on
268.8 certification;
add "applicable"
before "notice
required"; change
"268.7(a)(3)"
to "268.7(a)"
264.73(b)(10)
add "and the certi-
fication and demon-
stration, if
applicable" and "or
the owner or
operator"; change
"268.7(a)(l)B to
"268.7 or 268.8"
264.73(b)(ll)
add 1) clause on
certification/
demonstration,- and
2) "or the owner
or operator";
substitute
"268.7 or 268.8"
for "268.7(a)(l)";
change placement of
"except the manifest
number," excluding
the word "for."
264.73(b)(12)
add and demonstra-
tion if applicable";
move reference to
generator; replace
"268.7(b)(l) and
(2)" and
"268.7(a)(2)" with
'4268.7 and 268.8,
whichever is
applicable"
264.73(b)(13)
I/ In this section, the language is clarified and requirements are added to
reflect soft hammer certification and retention of records and to apply to
storage facilities.
August 17, 1988 - Page 2 of 28
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OSWER POLICY DIRECTIVE #9541.00-11 ,
RCRA REVISION CHECKLIST 50: Land Disposal Restrictions for
First Third Scheduled Wastes (Cont'd)
FEDERAL REQUIREMENT
change structure;
add specific mention
of "the generator"
moving the place-
ment of the refer--
ence to "treater"
and replacing it with
"or owner or operator
of a treatment
facility"; replace
"268.7(a)(2)" and
"268.7(b)(D" with
"268.7"; add clause
on certification/
demonstration
referencing 268.8
add new paragraph
on off-site storage
facility
requirements
add new paragraph
on on-site storage
facility
requirements
RCRA CITE
264.73(b)(14)
264.73(b)(15)
264.73(b)(16)
STATE AUTHORITY
STATUTE REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
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
clarify language and
apply testing to soft
hammer wastes in
treatment surface
impoundments
apply to wastes that
do not meet treatment
standards
apply to wastes for
which no treatment
standards are
established
265.13(b)(7)
CUD
265.13{b)(7)
(iiD(A)
265.13(b)(7)
(iiD(B)
•
August 17, 1988 - Page 3 of 28
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POLICY DIRECTIVE #9b4i.00-11
RCRA REVISION CHECKLIST 50: Land Disposal Restrictions for
First Third Scheduled Wastes (Cont'd)
FEDERAL REQUIREMENT
prohibited disposal
of residues under
268.32 or 3004(d)
prohibited disposal
of residues under
268.33(f)
RCRA CITE
264.13(b)(7)
(11i)(B)(l)
265.13(b)(7)
(111HBH2.)
STATE AUTHORITY
STATUTE | REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
SUBPART E - MANIFEST SYSTEM, RECORDKEEPING, AND REPORTING
OPERATING RECORD I/
after 268.5 replace
1) "or" with
"monitoring data
required pursuant
to" and 2) "pur-
suant to" with
"under"; insert
clause on certifi-
cation after
"268.8"; add
"applicable"
before "notice";
replace "268.7(a)(3)n
with "268.7(a)"
265.73(b)(8)
add 1) "a copy of"
before "the notice,"
2) "and the certi-
fication and
demonstration if
applicable" after
"the notice" and 3)
"or the owner or
operator" after
"generator"; replace
"268.7(a)(l)" with
"268.7 or 268.8"
265.73(b)(91
I/ In this section, clarify language and add requirements to reflect soft hammer
certiffcation and retention of records and to apply to storage facilities.
August 17, 1988 - Page 4 of 28
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OSWER POLICY DIRECTIVE #9541.00-11
RCRA REVISION CHECKLIST 50: Land Disposal Restrictions for
First Third Scheduled Wastes (Cont'd)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE I REGULATION
IF DIFFERENT FROM FEDERAL
REOUIREMENT. EXPLAIN
add 1) clause on
certification/
demonstration,
after "notice" and
2) "or the owner or
operator" after
"generator"; move
manifest number
clause; substitute
"268.7 or 268.8"
for "268.7(a)(D"
265.73(b)(10L
add 1) "a copy of"
before "notice"
and 2) "and demon-
stration if
applicable" after
"certification";
restructure para-
graph and move
reference to
generator; replace
"268.7(b)" and
"268.7(a)(2)" with
"268.7 or 268.8"
265.73(b)(ll)
restructure para-
graph moving clause
on manifest number
and placement of
"treatment facility";
add 1) "owner or
operator of a"
before "treatment
facility" and 2)
"and the certifica-
tion and demonstra-
tion if applicable"
before "required";
replace "268.7(a)(2)"
and "268.7(b)(2)"
with "268.7 or
268.8";
265.73(b)(12)
add new paragraph
requirements for
off-site storage
facilities
on
265.73(b)(13)
August 17, 1988 - Page 5 of 28
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OSWER POLICY DIRECTIVE #9541.00-11
RCRA REVISION CHECKLIST 50: Land Disposal Restrictions for
First Third Scheduled Wastes (Cont'd)
FEDERAL REQUIREMENT
add new paragraph on
requirements for
on-site storage
facilities
RCRA CITE
265.74(b)(14)
STATE AUTHORITY
STATUTE I REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
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 prohibi-
tion levels of 268.32
or 3004(d) where no
treatment standards;
zinc-containing
fertilizers using
K061 not subject to
this requirement
266.20(b)
PART 268 - LAND DISPOSAL RESTRICTIONS
SUBPART A - GENERAL
PURPOSE. SCOPE. AND APPLICABILITY I/
remove old
268.1(c)(3);
redesignate
268.1(c)(4) as
268.1(c)(3)
redesignate old
268.1(c)(5) as
268.1(c)(4)
and revise
268.1(c)(3)
268.1(c)(4)
I/ Revise this section to reflect soft hammer wastes,
August 17, 1988 - Page 6 of 28
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OSWER POLICY DIRECTIVE #9541.00-11
RCRA REVISION CHECKLIST 50: Land Disposal Restrictions for
First Third Scheduled Wastes (Cont'd)
FEDERAL REQUIREMENT
add new
268.1(c)(5) —
landfills/surface
impoundments, in
compliance with
268.8 with
respect to wastes not
subject to specific
treatment standards
or prohibitions
add new paragraph
preserving
waiver availability
under 121(d)(4)
RCRA CITE
268.1(c)(5)
268. l(d)
STATE AUTHORITY
STATUTE REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
TREATMENT SURFACE IMPOUNDMENT EXEMPTION
clarify language and
revise to apply to
soft hammer wastes to
treatment surface
impoundments that
meet a list of
conditions:
268.4(a)(2)
sampling and testing
requirements for
wastes with and
without treatment
standards; super-
natant and sludge
samples tested
separately
268.4(a)(Z)(1)
annual removal of
specific residues;
residues subject to
valid certifica-
tion; flow-through
standard of removal
for supernatant
268.4(a)(2)(1i)
requirements for
subsequent manage-
ment of treatment
residues in another
impoundment pro-
hibited unless
certification under
268.8 and standards
of 268.8(a) are met
268.4(a)(2)(iii)
August 17, 1988 - Page 7 of 28
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QSWER POLICY DIRECTIVE #9541.00-11
RCRA REVISION CHECKLIST 50: Land Disposal Restrictions for
First Third Scheduled Wastes (Cont'd)
FEDERAL REQUIREMENT
recordkeeping
requirements must
be specified in the
facility's waste
analysis plan
RCRA CITE
268.4(a)(2)(iv)
STATE AUTHORITY
STATUTE REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
PROCEDURES FOR CASE-BY-CASE EXTENSIONS TO AN EFFECTIVE DATE
revise applicability
from facility-wide
to landfill and
surface impoundment;
unit must meet
minimum technology
requirements and
apply to soft
hammer wastes
268.5(h)(2)
WASTE ANALYSIS AND RECORDKEEPING I/
clarify language ana
provide exception to
section 268.43
testing requirements
268.7(a)
remove the clause
after "treatment
standards" which ends
with "exceeds" and
insert "set forth in
Subpart D of this
part or exceeds";
insert "or storage"
after "treatment";
remove "of this part"
after "268.32" and
"section" before
"3004(d)"
268.7(a)(l)
I/ In this section, apply testing and recordkeeping analyses to First Third
wastes and storage facilities and add notification requirements for soft
hammer wastes.
August 17, 1988 - Page a of 28
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OSWER POLICY DIRECTIVE #9541.00-11
RCRA REVISION CHECKLIST 50: Land Disposal Restrictions for
First Third Scheduled Wastes (Cont'd)
FEDERAL REQUIREMENT
insert "treatment,
storage, or" before
"land disposal
facility"; insert
"levels" after
"prohibition"; remove
"of this part" after
268.32" and "section"
before "3004(d)"
remove "an extension
under §268.1(c)(3)";
insert "with each
shipment of waste"
after "Subpart C";
replace "forward"
with "submit"; remove
"with the waste" and
"land disposal";
add new notice
requirements for
facility receiving
the waste
EPA hazardous
waste number
treatment standards
and applicable
268.32 or 3004(d)
prohibition
manifest number
of shipment
waste analysis
data
date waste is
subject to
prohibition
redesignate old
268.7(a)(4) as
268.7(a)(5); add
new paragraph
268.7(a)(4)
requires generator
notification for
268.33(f) only
prohibited wastes
RCRA CITE
268.7(a)(2)
268.7(a)(3)
268.7(a)(3)(1)
268.7(a)(3)(ii)
268.7(a)(3)(iii)
268.7(a)(3)(1v)
268.7(a)(3)(v)
268.7(a)(4)
STATE AUTHORITY
STATUTE | REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
-
August 17, 1988 - Page 9 of 28
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m POLICY DIRECTIVE #9541.00-11
RCRA REVISION CHECKLIST 50: Land Disposal Restrictions for
First Third Scheduled Wastes (Cont'd)
FEDERAL REQUIREMENT
EPA hazardous
waste number
applicable
268.33(f)
prohibitions
manifest number
of shipment
waste analysis
data
add new requirement
for retention of
waste analysis data
on-site in files
add five-year reten-
tion period for
notices, certifica- .
tions, demonstra-
tions, etc. produced
relative to 268.7;
extensions during
enforcement actions
clarify language and
applicability of
testing requirements
redesignate old
268.7(b)(l) as
268.7(b)(4); add
new paragraph
268.7(b)(l) derived
from old 268. 7(b)
on testing when
standards are
expressed as
concentrations in
waste extract
redesignate old
268.7(b)(2) as
268.7(b)(5); add new
paragraph 268.7(b)(2)
derived in part from
old 268. 7(b) on
testing of 268.32
or 3004(d) prohibited
wastes not subject to
Subpart D treatment
standards
RCRA CITE
268.7(a)(4)(i)
268.7(a)(4)(ii)
268.7(a)(4)(iii)
268.7(a)(4)(iv)
268.7(a)(5)
268.7(a)(6)
268. 7(b)
268.7(b)(l)
268.7(b)(2)
STATE AUTHORITY
STATUTE REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
August 17, 1988 - Page 10 of 28
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•;:OSWER POLICY DIRECTIVE #9541.00-11
RCRA REVISION CHECKLIST 50: Land Disposal Restrictions for
First Third Scheduled Wastes (Cont'd)
FEDERAL REQUIREMENT
add new paragraph
on testing for wastes
with treatment
standards expressed
as concentrations
in waste
old 268.7(b)(l)
redesignated as
268.7(b)(4)
old 268.7(b)(2)
redesignated as
268.7(b)(5)
add new paragraph
for compliance
with generator
noti ce/certi f i cat i on
requirements if waste
sent offsite
notification with
each shipment for
waste subject to
268.33(f), but not
subject to 268.32
EPA hazardous
waste number
applicable 268.33(f)
prohibitions
manifest number of
waste shipment
waste analysis
data
no 268.7(b)(4)
notification for
recyclable materials
used in a manner
constituting
disposal and
subject to
266.20(b);
268.7(b)(5)
certification and
268.7(b)(4)
notice to
Regional Administra-
tor; records of
recipients of waste
derived products
RCRA CITE
268.7(b)(3)
268.7(b)(4)
268.7(b)(5)
268.7(b)(6)
268.7(b)(7)
268.7(b).(7)(1)
268.7(b)(7}(ii)
268.7(b)(7)(111)
268.7(b)(7)(iv)
268.7(b)(8)
STATE AUTHORITY
STATUTE | REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
August 17, -1988 - Page 11 of 28
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OSWER POLICY DIRECTIVE #9541.00-11
RCRA REVISION CHECKLIST 50: Land Disposal Restrictions for
First Third Scheduled Wastes (Cont'd)
FEDERAL REQUIREMENT
clarify language
have copies of notice
under 268. 7(a) or
(b) and certifica-
tions in 268.8 if
applicable
retain rest of old
268. 7(c), starting
with "test the
waste," and designate
as 268.7(c)(2)
waste subject to
268.33(f) prohibi-
tions, but not 268.32
prohibitions or sub-
ject to certification
prior to disposal in
landfill or surface
impoundment unit and
disposal is in
accordance with
268.5(h)(2); same
for wastes subject to
268.33(f) and 3004(d)
prohibitions or
codified 268.32
prohibitions
RCRA CITE
268. 7(c)
268.7(c)(l)
268.7(c)(2)
268.7(c)(3)
STATE AUTHORITY
STATUTE REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
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
268.8(a)
good faith
generator effort
to contract with
treatment and
recovery facilities
providing greatest
environmental benefit
268.8(a)(l)
August 17, 1988 - Page 12 of 28
-------
QSWER POLICY DIRECTIVE #9541.00-11
RCRA REVISION CHECKLIST 50: Land Disposal Restrictions for
First Third Scheduled Wastes (Cont'd)
FEDERAL REQUIREMENT
demonstration and
certification
submitted to
Regional Adminis-
trator that
268.8(a)(l) require-
ments have been met
explanation and
certification when
no practically
available treatment
can be found
contracting and
certification when
practically avail-
able treatments are
found
copy of demonstration
and certification
sent to receiving
facilities for
shipments of waste
with no practically
available treatment;
certification only
for subsequent
shipments; generator
record-keeping and
five year retention
generator copy of
demonstration and
certification sent to
receiving facilities
for shipments of
wastes with
practically avail-
able treatment;
certification only
for subsequent
shipments; generator
record-keeping and
five year retention
additional informa-
tion for certifica-
tion if requested
by Regional
Administrator
RCRA CITE
268.8(a)(2)
268.8(a)(2)(i)
268.8(a)(2)(ii)
268.8(a)(3)
268.8(a)(4)
268. 8(b)
STATE AUTHORITY
STATUTE f REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
August 17, 1988 - Page 13 of 28
-------
OSWER POLICY DIRECTIVE #9541.00-11
RCRA REVISION CHECKLIST 50: Land Disposal Restrictions for
First Third Scheduled Wastes (Cont'd)
FEDERAL REQUIREMENT
notification when
change in conditions
forming basis of
certification
invalidation when
Regional Administra-
tor finds practically
available treatment
method or a method .
yielding greater
environmental benefit
than certified
when certification
is invalidated,
generator must cease
shipment, communi-
cate with facilities
receiving waste, and
keep records of
communication
receiving treatment,
recovery or storage
facilities keep copy
of generator's
demonstration and
certification
receiving treatment,
storage or recovery
facility certify
waste treated
according to
generators '
demonstration
receiving treatment,
recovery or storage
facility must send
generator demonstra-
tion/certification
and 268.8(c)(l)
certification to
facility receiving
waste or treatment
residues
RCRA CITE
268.8(b)(l)
268.8(b)(2)
268.8(b)(3)
268. 8(c)
268.8(c)(l)
268.8(c)(2)
STATE AUTHORITY
STATUTE REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
August 17, 1988 - Page 14 of 28
-------
OSWER POLICY DIRECTIVE 19541.00-11
RCRA REVISION CHECKLIST 50: Land Disposal Restrictions for
First Third Scheduled Wastes (Cont'd)
FEDERAL REQUIREMENT
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 impound-
ment meeting
268.5(h)(2) if
certified and
treated
RCRA CITE
268. 8(d)
268. 8(e)
STATE AUTHORITY
STATUTE REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
I/
IDENTIFICATION OF WASTES TO BE EVALUATED BY MAY 8, 1990
redesignate existing
text as 268.12(a)
268.12U)
treatment standards
for wastewater
residues resulting
from specified treat-
ment methods for
wastes listed in
268.10 for which
there are no
promulgated waste
water treatment
standards
268.12(b)
I/ Note that 268.8(d) has a typographical error.
should be 268.33(f).
The reference to 263.33(f)
August 17, 1988 - Page 15 of 28
-------
RCRA REVISION CHECKLIST 50: Land Disposal Restrictions for
First Third Scheduled Wastes (Cont'd)
FEDERAL REQUIREMENT
I/ treatment standards
for leachate derived
from treatment,
storage or disposal
of wastes listed in
268.10 for which
there are no
promulgated waste-
water treatment
standards, and
contaminated
groundwater that
contain such wastes
treatment standards
for 268.10 wastes
which are radioactive
mixed wastes
2J listed waste derived
~ multi source
leachate, except
F020, F021, F022,
F023, F026, F027
or F028
RCRA CITE
268.12(c)
268.12(d)
268.12(e)
STATE AUTHORITY
STATUTE 1 REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
SUBPART C - PROHIBITIONS ON LAND DISPOSAL
3/ WASTJLJPECIFIC PROHIBITIONS - SOLVENT WASTES
I/ Treatment standards for all multi-source leachate (excluding specified dioxin
containing waste leachates but including solvent containing waste leachates)
have been rescheduled to the Third Third pursuant to the settlement agreement.
See February 27, 1989, 54 FR 8264.
2/ See the change to the Land Disposal Restrictions at 54 FR 8264 (February 27,
1989).
3/ Note that while 268.30(a)(introduction), 268.30(a)(l), and 268.30(a)(4) appear
in the FR addressed by this checklist, they have not been changed by this FR.
As such, 268.30(a)(l) and 268.30(a)(4) were not included in this checklist.
An entry for the 268.30(a) introduction was included, however, to help clarify
the modifications to 268.30(a).
August 17, 1988 - Page 16 of 28
-------
OSWER POLICY DIRECTIVE 19541.00-11
RCRA REVISION CHECKLIST 50: Land Disposal Restrictions for
First Third Scheduled Wastes (Cont'd)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE
REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT. EXPLAIN
repromulgate require-
ment to treat to
applicable standard
unless restricted
solvent falls into
treatability group
for which EPA has
determined no
capacity exists
268.30(a) -
remove final clause
starting with "not
subject to..." and
ending with "November
8. 1988"
268.30(a)(2)
cnange hyphenation;
add "; or" at end of.
paragraph
268.30(a)(3)
change first (2),
and (3)" to "(2),
(3), and (4)";
remove second
sentence concerning
disposal in land-
fills prior to
November 8, 1988
268.30(b)
redesignate old
268.30(c) as
268.30(d); add new
paragraph 268.30(c)
prohibiting after
Nov. 8, 1990 land
disposal of F001-
F005 solvent waste
contaminated soil
and debris (and
their treatment'
residues) resulting
from CERCLA
action or RCRA
corrective action;
permitting disposal
in landfill or
surface impoundment
unit in compliance
with 268.5(h)(2)
prior to Nov. 8,
1990
268.30(c)
August 17, 1988 - Page 17 of 28
-------
RCRA REVISION CHECKLIST 50: Land Disposal Restrictions for
First Third Scheduled Wastes (Cont'd)
FEDERAL -REQUIREMENT
old 268.30(c) is new
268.30(d); revise
"(a) and (b)" to
read "(a), (b), and
(c)"; 268.30(d)(l)-
(3) are the same as
the old 268.30(c)(l)-
(3) except in (3)
add "and units"
after "wastes"
RCRA CITE
268.30(d)
STATE AUTHORITY
STATUTE I REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
I/ WASTE SPECIFIC PROHIBITIONS—DIOXIN-CONTAINING WASTES
add phrase "unless
the following
condition applies:"
contaminated soil
and debris waste
resulting from
response action
under CERCLA
or from a RCRA
corrective action
redesignate old
268.31(b) as
268.31(d); new
paragraph 268.31(b)
prohibiting land
disposal of
F020-F023 &
F026-F028 dioxin-
containing wastes
after Nov. 8, 1990
change years to
"1988" and "1990,"
respectively; insert
"(1)" after "(a)";
replace "the facili-
ty" with "such unit"
268.31(a)
268.31(a)(l)
268.31(b)
268.31(c)
I/ For this section, revise applicability from facility-wide to unit and
reschedule CERCLA and RCRA corrective action soil and debris dioxin-containing
wastes prohibition fro* land disposal.
August 17, 1988 - Page 18 of 28
-------
OSWER POLICY DIRECTIVE #9541.00-11
RCRA REVISION CHECKLIST 50: Land Disposal Restrictions for
First Third Scheduled Wastes (Cont'd)
FEDERAL REQUIREMENT
old 268.31(b) is
new 268.31(d);
in introductory
sentence insert "and
(b)" after "(a)";
268.31(d)(l)-(3) are
the same as old
268.31(b)(l)-(3)
except in (3) change
"extension from" to
"extension to"
RCRA CITE
268.31(d)
STATE AUTHORITY
STATUTE I REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
WASTE SPECIFIC PROHIBITIONS - CALIFORNIA LIST WASTES
revise variance
dates to reflect
that the require-
ments of (a) and
(e) do not apply
until :
revise language and
change date to July
8, 1989; insert "not"
before "resulting
from a response. . .";
insert "(CERCLA)"
after "Liability
Act"; add sentence
about disposal
between July 8,
1987 and July 8,
1989 permitted in
landfill or surface
impoundment in
compl iance with
268.5(h)(2)
change date to
November 8, 1990,
wastes from a CERCLA
action or RCRA correc-
tive action; disposal
between November 8
1988 and November 8,
1990 permitted in
landfill or surface
impoundment in
compl iance with
268.5(h)-(2)
268.32(d)
268.32(d)(l)
268.32(d)(2)
-
August 17, 1988 - Page 19 of 28
-------
RCRA REVISION CHECKLIST 50: Land Disposal Restrictions for
First Third Scheduled Wastes (Cont'd)
FEDERAL REQUIREMENT
I/ change date to
November 8, 1988
add clause on not
including wastes
described in
268.32(d)
change "July 8, 1989"
to "November 8,
1988"; replace
"described" with
"included" and
"the facility" with
"such disposal"
insert ",(d)," after
"(a)"
insert ",(d>," after
"(a)(3)"
RCRA CITE
268.32(e)
268.32(e)(2)
268.32(f)
268.32(q)
268.32(h)
STATE AUTHORITY
STATUTE 1 REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
WASTE SPECIFIC PROHIBITIONS - FIRST THIRD WASTES
specific wastes
prohibited from land
disposal"effective
August 8. 1988
268.33(a)
land disposal prohi-
bition of K061 waste
containing 15% or
greater of zinc
pursuant to
268.41 treatment
standard for K061
containing less than
15% zinc -
268.33(a)(l)
wastes—K048, K049,
K050, K051, K052,
K061 (cont. 5%
or "greater zinc),
K071--prohibited
from land disposal
effective August 8,
1990
268.33(b)
V Note that the FR addressed by this checklist did not change 268.32(e)(l) even
though it appears in the FR. Consequently, 268.32(e)(l) was not included in
this checklist.
August 17, 1988 - Page 20 of 28
-------
RCRA REVISION CHECKLIST 50: Land Disposal Restrictions for
First Third Scheduled Wastes (Cont'd)
FEDERAL REQUIREMENT
effective August 8,
1990, land disposal
prohibition of
wastes specified in
268.10 having a
treatment standard
in 268, based on
incineration and
which are contami-
nated soil and
debris, Subpart D
between Nov. 8,
1988 and Aug. 8,
1990, landfill or
surface impoundment
disposal permitted
if in compliance with
268.5(h)(2) of
wastes included
under 268jJ>J & (c)
requirements of
268(a)-(d) do not
apply when:
waste meets
applicable 268,
Subpart D standards
granted an exemption
from prohibition for
wastes and units
under 268.6
granted an. 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
do not apply (other
than 268.32 or
section 3004(4)
prohibitions) unless
268.8 demonstration
and certification
RCRA CITE
268.33(c)
268.33(d)
268.33(e)
268.33(e)(lj
268.33(e)(Z)
268.33(e)(3)
•«
268.33(f)
STATE AUTHORITY
STATUTE | REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
August 17, 1988 - Page 21 of 28
-------
OoWER POLICY DIRECTIVE #9541.00-11
RCRA REVISION CHECKLIST 50: Land Disposal Restrictions for
First Third Scheduled Wastes (Cont'd)
FEDERAL REQUIREMENT
for a waste listed
in 268.10, initial
generator testing to
determine exceedance
of 268.41 & 268.43
treatment standards
and prohibition from
land disposal if
exceed standards
RCRA CITE
268.33(g)
STATE AUTHORITY
STATUTE REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
SUBPART D - TREATMENT STANDARDS
APPLICABILITY OF TREATMENT STANDARDS
replace "this
subpart" with
"§268.41"; remove
"without further
treatment"
land disposal of a
restricted waste
identified in 268.43
only if below listed
constituent
concentrations
268.40(a)
268.40(c)
TREATMENT STANDARDS EXPRESSED AS CONCENTRATIONS IN WASTE EXTRACT
in Table CCWE,
remove entry
specified below;
add subtables to
Table CCWE in
numerical order as
specified below
268.41(a)
Delete the following entry:
F001-F005 spent solvents
Methyl ene chloride (froa tfoe pharmaceutical
industry
Concentration
Wastewaters
containing spent
solvents
12.7
(in mg/1)
All other
spent solvent
wastes
.96
August 17, 1988 - Page 22 of 28
-------
OSWER POLICY DIRECTIVE #9541.00-11
RCRA REVISION CHECKLIST 50: Land Disposal Restrictions for
First Third Scheduled Wastes (Cont.'d)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE
REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
Add the following subtables to Table CCWE in numerical order by EPA Hazardous
Waste Number:
TABLE CCWE—CONsrm/TEMT
m WASTE EXTRACT
CCW in 1268.43)
i (M* MM Taw*
LMd.
NcM-
Slw
CywiiM (ToM)_
TMto in 1288.437
T^to CCW in 1268.43)
Qvomun (ToaQ-
NkM
K04a.K04a.K06p. KOS1 «td K062
CCW to 1268.43)
Nfck*4.
S««Mn.
KO81 I
ane)
15%
iZkw
MOM.
0.086
J1
32
.072
bon(lnfng/
1)
OJ1
lton(inmg/
D
OJ2
ttonflnmg/
D
0.18
ton (In mo/
1)
0.004
1.7
.046
.023
ton 0n rag/
1)
0.14
U16) 8/8/90
Cnremkim (TaMO_
0.14
74
Owomium (ToHO..
0.094
.37
K071 nonwuttwaMr*
U4«a*y-
Conccnm*
bon(mmg/
D
0.02S
K066 nonwtMvaMra (Sotvcnt
tthn SubcitMory) ••• tHo T«oM
CCW in { 268.43)
Chfonvum (ToM)..
ton (in may
O.OM
.37
K087
T*)to CCW n» 268.43)
ConctnM-
ton (In mg/
0.51
K101 tnd K102
(LowATMnieSubcmg
1% Tod* Arawvc) (••• alao T«bto
CCW in i 266.43)
rin*
Ovamum (ToM)..
LMd
NUH(.
U
.51
August 17, 1988 - Page 23 of 28
-------
RCRA REVISION CHECKLIST 50: Land Disposal Restrictions for
First Third Scheduled Wastes (Cont'd)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
TREATMENT STANDARDS EXPRESSED AS SPECIFIED TECHNOLOGIES
add ability to
incinerate in boilers
and industrial
furnaces after "265,
Subpart 0"
268.42(a)(2)
TREATMENT STANDARDS EXPRESSED AS WASTE CONCENTRATIONS *
introductory para-
graph for Table CCW
explaining table:
Add new Table CCW as s
268.43(a)
hown below. Subtables are arranged in numerical order bv
.
EPA Hazardous Waste Number. Additionally there is a listing after the' subtables
of "K" wastes which are prohibited from land disposal.
TABLE CCW— CONSTITUENT
CONCENTRATIONS IN WASTES
me
F001. F002. FOOT. F004 and F006
industry)
M«myt«n« cMOfid*.
tantnng/
(b end/or k)
MCMI.
F006 nonwouiMUn (••• «!
T«bto CCWE in 1 208.41)
CyandM (Tott)-
K001
P*ntKtto
Pyrvna.
Totu
»»
1)
kg)
kg)
37
•lO
.14
.1*
HaacnlareMnzwM
KOOt-MM*.
Taium
i_^
i4naMM»
flen^tmg/
1)
0.15
.18
.14
.14
.M
an
•ttMfN.
OJO3
.007
007
033
.007
KOI 8 nonmst«MMn
<3*an**ar*
Cotmnn.
8JO
8.0
8U>
»
S.8
26
S.8
eM
1.1,1-Triet
O.OOT
007
007
am
on
.007
JOT
.007
T«MOM
UW-Trt
tan (in me/
HO)
5.8
8J>
8.0
28
s.e
It
8.0
August 17, 1988 - Page 24 of 28
-------
OSWER POLICY DIRECTIVE #9541.00-11
RCRA REVISION CHECKLIST 50: Land Disposal Restrictions for
First Third Scheduled Wastes (Cont'd)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE 1 REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
August 17, L98S - Page 25 of 28
-------
OSWER POLICY DIRECTIVE #9541.00-11
RCRA REVISION CHECKLIST 50: Land Disposal Restrictions for
First Third Scheduled Wastes (Cont'd)
FEDERAL REQUIREMENT
KOSO nonvactawatan (saa ate
TaWa CCWE n f 268.41)
Banxo(a)pyrana _
Ptwnl
RCRA CITE STATE AUTHORITY
STATUTE ! REGULATION
oonlJTma/ KOS2 "On»aata»al8nj (taa ate
kg) T«>* CC*6 " * 268.41)
084 Qjju^nj
2.7 Oamolalovrana
kan (in mg/ KOW "
9.5 Acaton
O.B4 tw2 «
IF DIFFERENT
REQUIREMENT,
Suocatagoiy
a
lhylhaxyl)pr.ttwlat»
FROM FEDERAL
EXPLAIN
...__. — i Coocantra-
w**wl ' bon (
-------
QSWER POLICY DIRECTIVE #9541.00-11
RCRA REVISION CHECKLIST 50: Land Disposal Restrictions for
First Third Scheduled Wastes (Cont'd)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE 1 REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
K099 wastewaters
2.4-OicNoroortenoxYacetic acid
Mmarninirirlitinnio p iliiiinn
HaucMorodibenzo'urana _.
Pvitactilorodibenzo-p-dioxins
PvuacMorocfienzoturana
Taa'acnicrodiQ&nzo-p-Oioxms .
TaffacnioroaiDenzsfurans . j
Don (In mg/
1)
1.0
.001
.001
.001
001
001
001
K103non«
AnSn
tton On ing/
5.6
6.0
56
5.6
5.6
NHivbuiumm
Cywtdn (Total)
SonOntrophanal
i man 1% total ! STSTS
araano (sat alao Tabla CCWE n *.,,
52S6-41) I "*
Cyandw (Totd)-..
Conoanm-
dn
kg
5.6
6.0
5.6
5.6
5.6
1.8
K104 waatawatar*
l Conca* aon (M mg/
13
.15
61
K102
if
I/
I/
i/
i/
i/
I/
3/
I/
Ortno-Nilroehanol....
Cadmum..
Laad
0026
2.0
24
.11
027
No Land Disposal for
K004 Nonwastewaters [Based on No
Generation]
K008 Nonwastewaters [Based on No
Generation]
K015 Nonwastewaters [Based on No
Ash] 3d 3d
K021 Nonwastewaters [Based on No
Generation)
K02S Nonwastewaters [Based on No
Generation]
K036 Nonwastewaters (Based on No
Generation]
K044 [Based on Reactivity]
K045 [Based on Reactivity]
K047 [Baaed on Reactivity]
K080 Nonwastewaters [Based on No
Generation]
K061 Nonwastewaters— High Zinc
Subcategory (greater than or equal to
15% total zinc) [Based on Recycling]:
effective 8/8/90
K069 Nonwastewaters — Non-Calcium
Sulfate Subcategory [Based on
Recycling]
K083 Nonwastewaters— No Ash
Subcategory (less than O01% total
ash) [Based on No Ash] 3d 3d
K100 Nonwastewaters [Based on No
Generation]
treatment standard
for combinations of
wastes with different
treatment standards,
must meet lowest
standard
268.43(b)
*
I/ These prohibitions will be modified to apply only to wastes generated and
disposed after 8/17/88. A final rule addressing this is forthcoming.
y Rescheduled to 3rd 3rd--a final rule is forthcoming.
August 17, 1988 - Page 27 of 28
-------
OSWER POLICY DIRECTIVE #9541.00-11
RCRA REVISION CHECKLIST 50: Land Disposal Restrictions for
First Third Scheduled Wastes (Cont'd)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE I REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
SUBPART E - PROHIBITIONS ON STORAGE
PROHIBITIONS ON STORAGE OF RESTRICTED WASTES
add to end of para-
graph "or a valid
certification
under 268.8"
268.50(d)
August 17, 1988 - Page 28 of 28
-------
QSWER POLICY DIRECTIVE #9541.00
Revision Checklist 51 will be completed
after the litigation surrounding the
September 1, 1988 (53 FR 33938) final rule
has been resolved.
-------
RCRA REVISION CHECKLIST 52
Hazardous Waste Management System; Standards for Hazardous
Waste Storage and Treatment Tank Systems
53 FR 34079-34087
September 2, 1988
(HSWA Cluster II and
non-HSWA Cluster V)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE I REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT. EXPLAIN
Note: This checklist provides additional interpretation, clarification, and
correction of typographical errors for the final rule issued for hazardous waste
tank systems on July 14, 1986 (Revision Checklist 28). That rule was applicable
to both non-HSWA Cluster III and HSWA Cluster I. HSWA is implemented only to the
extent that the regulations apply to tank systems owned or operated by small
quantity generators, establish leak detection requirements for all new underground
tank systems, and establish permit standards for underground tank systems that
cannot be entered for inspection. They also implement RCRA insofar as they apply
to certain other tartk systems. In this checklist, HSWA-related regulations are
preceded by an asterisk; those not preceded by an asterisk are non-HSWA
regulations.
PART 260 - HAZARDOUS WASTE MANAGEMENT SYSTEM; GENERAL
SUBPART B - DEFINITIONS
DEFINITIONS
* revise "Elementary
neutralization
unit"
* revise "Wastewater
treatment unit"
260.10
260.10
-
PART 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE
TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SUBPART G - CLOSURE AND POST-CLOSURE
DISPOSAL OR DECOttTAMIKATIOH OF EQUIPMENT, STRUCTURES AND SOILS
I/ add "264.197"
reference
264.114
SUBPART J - TANK SYSTEMS
I/ Note the FR addressed by this checklist incorrectly omits the changes to the
CFR made by Revision Checklist 45 at 53 FR 46946, December 10, 1987.
September 2, 1988 - Page 1 of 3
-------
OSWER POLICY DIRECTIVE #9541.00-11
RCRA REVISION CHECKLIST 52: Hazardous Waste Management System; Standards
for Hazardous Waste Storage and Treatment Tank Systems (Cont'd)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE | REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
t APPLICABILITY
* replace "Tanks"
with "Tank systems"
* replace "Tanks"
with "Tank systems";
replace "§264.193 of
this subpart" with
"§264.193(a)"
264.190(a)
264.190(b)
CONTAINMENT AND DETECTION OF RELEASES
* add "and seal less
valves"
264.193(f)(3)
RESPONSE TO LEAKS OR SPILLS AND DISPOSITION OF LEAKING OR UNFIT-FOR-USE TANK
SYSTEMS
* replace "3004(u)"
in first Note with
"3004(v)"
264.196
PART 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF
HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SUBPART G - CLOSURE AND POST-CLOSURE
APPLICABILITY
redesignate current
(b)(2) as (b)(3);
add new paragraph
(b)(2) on waste
piles and surface
impoundments
265.110(b)(2)
DISPOSAL OR DECONTAMINATION OF EQUIPMENT, STRUCTURES AND SOILS
add "265.197"
reference
265.114
SUBPART J - TANK SYSTEMS
APPLICABILITY
replace "Tanks.. .
containing no" with
"Tank systems...
which contain no"
265.190(a)
September 2, 1988 - Page 2 of 3
-------
RCRA REVISION CHECKLIST 52: Hazardous Waste Management System; Standards
for Hazardous Waste Storage and Treatment Tank Systems (Cont'd)
FEDERAL REQUIREMENT
* replace "Tanks"
. with "Tank
systems; replace
"§265.193" with
"§265.193(a)"
RCRA CITE
265.190(b)
STATE AUTHORITY
STATUTE | REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
t CONTAINMENT AND DETECTION OF RELEASES
* add "and sealless
valves"
* replace "264.197(b)"
reference with
"265.197(b)"
265.193(f)(3)
265.193(g)(3)
(111)
RESPONSES TO LEAKS OR SPILLS AND DISPOSITION OF LEAKING OR UNFIT-FOR-USE TANK
SYSTEMS
* replace "3004(w)"
in first Note
with "3004(v)"
265.196
SPECIAL REQUIREMENTS FOR GENERATORS OF BETWEEN 100 AND 1,000 KG/MO THAT
ACCUMULATE HAZARDOUS WASTE IN TANKS
replace reference
"265.192(c)n with
"265.201(b)(3)"
265.201(c)(3)
PART 270 - EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS
WASTE PERMIT PROGRAM
SUBPART A - GENERAL INFORMATION
DEFINITIONS
revise "Elementary
neutralization unit"
revise "Wastewater
treatment unit"
270.2
270.2
* HSWA-related regulations
September 2, 1988 - Page 3 of 3
-------
RCRA REVISION CHECKLIST 53
Identification and Listing of Hazardous Waste; and
Designation, Reportable Quantities, and Notification
53 FR 35412-35421
September 13, 1988
(non-HSWA Cluster V)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE
REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT. EXPLAIN
PART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTES
SUBPART D - LISTS OF HAZARDOUS WASTES
HAZARDOUS WASTES FROM SPECIFIC SOURCES
add after entries for
"Iron and steel" and
before entries for
"Secondary lead,"
the following:
261.32
Industry and EPA hazardous
waste No.
Hazardous waste
Hazard
code
Primary copper: K064.... Acid plant blowdown slurry/sludge (T)
resulting from the thickening of
blowdown slurry from primary copper
production
Primary lead: K065 Surface impoundment solids contained in (T)
and dredged from surface impoundments at
primary lead smelting facilities
Primary zinc: KQ66 Sludge from treatment of process (T)
wastewater and/or acid plant blowdown
from primary zinc production
Primary aluminum: KQfiS Spent pot liners from primary aluminum (T)
reduction
Ferroal1oys:
K090 Emission control dust or sludge from (T)
ferrochronriumsiTicon production
K091 Emission control dust or sludge from (T)
ferrochromlMB production
September 13., 1988 - Page 1 of 2
-------
QSWER POLICY DIRECTIVE #9541.00-11
RCRA REVISION CHECKLIST 53: Identification and Listing
of Hazardous Waste; and Designation, Reportable
Quantities, and Notification (Cont'd)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT. EXPLAIN
APPENDIX VII TO PART 261
BASIS FOR LISTING HAZARDOUS WASTE
add the following in
the appropriate
numerical sequence:
Appendix VII
EPA hazardous
waste number
Hazardous constituents for
which listed
K064 Lead, cadmium.
K065 Do.
K066 Do.
K088 Cyanide (complexes),
K090 Chromium.
K091 Do.
September 13, 1988 - Page 2 of 2
-------
i"Vi. • uu J.L
ROW REYISIOH CHECKLIST 54
Permit Hodlfl cations for Hazardous Waste Management Facilities
53 FR 37912-37942
September 28, 1988
as amended on October 24, 1988, 53 FR 41649
(non-HSUA Cluster V)
FEDBBU, KQUIKHBIT
CITE
STATE AUTHORITY
STATUTE I REOJLATI ON
IF DIFFERENT FROM FEDERAL
REQUIREMENT. EXPLAIN
Note: The standards addressed by this checklist are less stringent than existing
Federal requirements; thus, authorized states are not required to adopt them. EPA
strongly encourages states, however, to adopt this permit modification rule as
promulgated. If preferred, states may amend their programs to incorporate only
selected portions of the rule. See 53 FR 37933-37934 for a discussion of this
option.
PART 124 - PROCEDURES FOR DECISIONMAKING
SU8PART A - GENERAL PROGRAM REQUIREMENTS
MODIFICATION, REVOCATION AND REISSUANCE, OR TERMINATION OF PERMITS
add reference "or
270.42(c)n
add references to
"Classes 1 and 2
modifications as
defined in §270.42
(a) and (b)"
124.5(c)(l)
124.5(c)(3)
PART 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS
WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SUBPART D - CONTINGENCY PLAN AND EMERGENCY PROCEDURES
AMENDMENT OF CONTINGENCY PLAN
remove the comment
264.54
SUBPART G - CLOSURE AND POST-CLOSURE
CLOSURE PLAN; AMENDMENT OF PLAN
add wording on
"notification" and
"review" to text
264.112(c)
September 28, 1988 - Page 1 of 15
-------
RCRA REVISION CHECKLIST 54: Permit Modifications for Hazardous
Waste Management Facilities (Cont'd)
FEDERAL REQUIREMENT
insert "notification
or" prior to
"request"
insert "notification
of or" prior to
"request"
RCRA CITE
264.112(c)(l)
264.112(c)(2)
STATE AUTHORITY
STATUTE. I REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
t POST-CLOSURE PLAN; AMENDMENT OF PLAN
add wording on
"notification" and
"review" to text
insert "notification
or" prior to
"request"
insert "notification
of or" prior to
"request"
264.118(d)
264.118(d)(l)
264.118(d)(2)
PART 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF
HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES
SUBPART G - CLOSURE AND POST-CLOSURE
t CLOSURE PLAN; AMENDMENT OF PLAN
revise last sentence
of paragraph by
deleting "major" and
inserting "Class 2 or
3" preceding "modifi-
cation" and delete
reference to
"§270.41."
265.112(c)(3)
revise last sentence
of paragraph by
deleting "major" and
inserting "Class 2 or
3" preceding "modifi-
cation" and delete
reference to
"§270.41."
265.112(c)(4)
replace "major
modification" with
"Class 2 or 3
modification" and
delete reference
to "§270.41"
265.118(d)(3)
September 28, 1988 - Page 2 of 15
-------
RCRA REVISION CHECKLIST 54: Permit Modifications for Hazardous
Waste Management Facilities (Cont'd)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE
REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT. EXPLAIN
replace major
modification" with
"Class 2 or 3
modification" and
delete reference
"§270.41."
265.118(d)(4)
PART 270 - EPA ADMINISTERED PERMIT PROGRAMS:
WASTE PERMIT PROGRAM
THE HAZARDOUS
SUBPART A - GENERAL INFORMATION
t DEFINITIONS
add "Component"
add "Facility
mailing-list"
add "Functionally
equivalent
component"
t EFFECT OF A PERMIT
modification under
270.42
270.2
270.2
270.2
270. 4(a)
*
SUBPART C - PERMIT CONDITIONS
CONDITIONS APPLICABLE TO ALL PERMITS
add provision for
270.42
270.30(1)(2)
SUBPART D - CHANGES TO PERMITS
* TRANSFER OF PERMITS
renumber old 270.40
as 270.40(a); change
parenthetical clauses
ownership change
procedures as Class
1 modifications
270.40(a)
270.40(b)
V
t MODIFICATION OR REVOCATION AND RE ISSUANCE OF PERMITS
September 28, 1988 - Page 3 of 15
-------
OSWER POLICY DIRECTIVE #9541.00-11
ROW R£YTSIQH OCCJO.IST 54: Permit Modifications for Hazardous
Waste flafiageaent Facilities (Cont'd)
rtuejwL REOD1HBCMT
reswve "Hajor" fron
section heading;
remove reference to
270.42; request of
permittee, approval/
denial under 270.42
insert "T)y statute,
through" before
"promulgation";
insert "new or"
before "amended"
remove (a) (5) and
redesignate existing
(a)(6) as (a)(5)
ROW CITE
270.41
270.41(a)(3)
270.41(a)(5)
STATE AUTHOR Tf
STATUTE RS2JLATIW
IF DIFFERENT FROM FEDERAL
REUUIWWNT, EXPLAIN
t PERMIT MODIFICATION- AT THE REQUEST OF THE PERMITTEE
revise section
heading; remove
introductory material
putting into effect
Class 1 Modifications
as listed in Appendix
I
notification of
Director by permittee
to whom notice of
modification must be
sent and when
rejection of modifi-
cation by Director
modifications
requiring prior
written approval
Class 2 procedures
instead of Class 1
procedures
heading for "Class
2 modifications"
Class 2 modifications
as listed in Appendix
I
description of
exact changes
identification of
Class 2 modification
why modification is
needed
270.42
270.42(a)(l)
270.42(a)(l)(1)
270.42(a)(l)(11)
270.42(a)(l)
(111)
270.42(a)(2)
270.42(a)(3)
270.42(b)
270.42(b)(l)
270.42(b)(l)(i)
270.42(b)(l)(11)
270.42(b)(l)
(111)
4
September 28, 1988 - Page 4 of 15
-------
OSWER POLICY DIRECTIVE 19541.00-11
ROW REYISIOB CHECKLIST 54: Permit Modifications for Hazardous
Waste Management Facilities (Cont'd)
FEDSMI. Kowftaerr
provision of appli-
cable information
to WBOB notice must
be sent and when
announcement of a
60-day consent
period
announcement of where
and when public
meeting will be held
name and phone number
of permittee's
contact person
name and phone number
of Agency contact
person
location for viewing
modification
request
availability of
penai ttee ' s
compliance history
placement of modifi-
cation request copy
in vicinity of
facility for public
accessibility
when and where
permittee must hold
a public meeting
public comment
period
requirements after
receipt of modifi-
cation request
approve request, with
or without changes
deny request
determine if Class 3
modification pro-
cedures are needed:
significant public
concern
complex nature of
changes
4CRA CITE
270.42(b)(l)(iv)
270.42(b)(2)
270.42(b)(2)(i)
270.42(b)(2)(11)
270.42(b)(2)
(111)
270.42(b)(2)(iv)
270.42(b)(2)(v)
270.42(b)(2)(vi)
270.42(b)(3)
270.42(b)(4)
270.42(b)(5)
270.42(b)(6Hi)
270.42 b 6 i
(A)
270.42(b)(6)(i)
(B)
270.42(b)(6)(i)
(C)
270.42(b)(6)(i)
(0(1)
270.42(b)(6)(i)
(C)(2)
STATE AUTHORITY
STATUTE RECUUTION
•
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
September 28, 1988 - Page 5 of 15
-------
tUKJdCXTVE #9641.00-11
RCRA REVISION CHECKLIST 54: Remit Modifications for Hazardous
Waste Management Facilities (Cont'd)
FEDERAL REQUIREMENT
approve as temporary
authorization
notify permittee
that decision will
be made in 30 days
requirements if
decision is extended
for 30 days:
approve request, with
or without changes
deny request
determine if Class 3
modification pro-
cedures are needed:
significant public
concern
complex nature of
changes
approve as temporary
authorization
temporary or auto-
matic authorization
following failure to
make decision
requirements of
permittee under
temporary or auto-
matic authorization
temporary authoriza-
tion to conduct
activities as in
modification request
unless final approval
or denial ,
authorization for
life of permit
deferment of
permanent authoriza-
tion if failure to
notify public
RCRA CITE
270.42(b)(6K1)
(D)
270.42(b)(6)(1)
(E)
270.42(b)(6)(11)
270.42(b)(6)(11)
(A)
270.42(b)(6)(1i)
(B)
270.42(b)(6)(ii)
(0
270.42(b)(6)(11)
(0(1)
270.42(b)(6M11)
(C)(2)
270.42(b)(6)(11)
(D)
270.42(b)(6)
(111)
270.42(b)(6)(iv)
(A)
270.42(b)(6)(1v)
(A)(l)
270.42(b)(6)(iv)
(A)(2)
270.42(b)(6)(1v)
(B)
STATE AUTHORITY
STATUTE REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
September 28, 1988 - Page 6 of 15
-------
POLICE DXRECTI^E
RCRA REVISION CHECKLIST 54: Permit Modifications for Hazardous
Waste Management Facilities (Cont'd)
FEDtRAL REQUIREMENT
if no final approval
or denial or reclas-
sifi cation, authority
to conduct activities
as described in
modification request
for life of permit
unless later
modification
consideration and
response to all
significant comments
extension of time
periods for final
approval , denial
or reclassification
as Class 3
reasons to deny or
change Class 2
permit modifica-
tion terms
request is incomplete
noncompl iance
with appropriate
requirements
failure to protect
human health and
environment
commencement of
construction under
Class 2
heading for "Class
3 modifications"
requirements for
Class 3 modifica-
tions listed
Appendix I
description of
exact changes
identification of
Class 3
modification
why modification
is needed
provision of appli-
cable information
RCRA CITE
270.42(b)(6)(v)
270.42(b)(6)(v1)
270.42(b)(6)
(vii)
270.42(b)(7)
270.42(b)(7)(1)
270.42(b)(7)(ii)
270.42(b)(7)
(iii)
270.42(b)(8)
270.42(c)
270.42(c)(l)
270.42(c)(l)(i)
270.42(c)(l)(ii)
270.42(c)(l)
(iii)
270.42(c)(l)(iv)
STATE AUTHORITY
STATUTE 1 REGULATION
ir oiFFERorr FWDM FEDERAL
RESUISEJ1E1CT, EXPLAIN
-
September 28, 1988 - Page 7 of 15
-------
ROW KTTSIOH CHECKLIST 54: Remit notifications for Hazardous
Waste Management Facilities (Cont'd)
pen. «*ra»T
to whoa and when
notice oust be sent
atmoig>ceaent of a
60-day conaent
period
and where public
faceting will be held
name and phone number
of permittee's
contact person
name and phone number
of Agency contact
person
location for viewing
modification request
availability of
pemi ttee ' s
compliance history
placement of modifi-
cation request copy
in vicinity of
facility for public
accessibility
when and where
permittee must hold
a public meeting
public comment period
grant or deny modifi-
cation request after
public comment
period; consider and
respond to all
significant written
comments
heading for "Other
modifications"
other modifications
not explicitly
listed in Appendix I
determination of
appropriate class:
changes that
necessitate Class 1
modifications
KBA CITE
270.42(c)(2)
270.42(c)(2)(i)
270.42(c)(2)(ii)
270.42(c)(2)
(111)
270.42(c)(2)(iv)
270.42(c)(2)(v)
270.42(c)(2)(vi)
270.42(c)(3)
270.42(c)(4)
270.42(c)(5)
270.42(c)(6)
270.42(d)
270.42(d)(l)
270.42(d)(2)
270.42(d)(2)(i)
STATE AUTHORITY
STATUTE REGULATION
IF DIFFERENT FROH FEDERAL
REQUIREMENT, EXPLAIN
•
*
September 28, 1988 - Page 8 of 15
-------
i DIRECTIVE #9541.00-11
RCRA REVISION CHECKLIST 54: Permit Modifications for Hazardous
Waste Management Facilities (Cont'd)
FEDERAL REOUIRB4CNT
changes that
necessitate Class 2
modifications
variations in types
and quantities of
wastes managed
technological
advancements
changes necessary to
comply with new
regulations
Class 3 modifications
description
heading for "Tempo-
rary authorizations"
granting of tempo-
rary authorizations
request for tempo-
rary authorization:
Class 2 modification
meeting criteria
Class 3 modification
meeting criteria and
providing improved
management or
treatment
what temporary
authorization request
must include
description of
activities
why temporary autho-
rization is necessary
sufficient
information to
ensure compliance
to whom notice must
be sent
approve or deny
temporary authoriza-
tion quickly:
authorized activities
in compliance with
Part 264
RCRA CITE
270.42(d)(2)(ii)
270.42(d)(2)(ii)
(A)
270.42(d)(2)(ii)
(B)
270.42(d)(2)(ii)
(0
270.42(d)(2)
(iii)
270.42(e)
270.42(e)(l)
270.42(e)(2)(i)
270.42 e (2) 1
(A)
270.42(e).(2)(1)
(B)
270.42(e)(2Hii)
270.42(e) 2)(1i)
(A)
270.42(e)(2)(.11)
(B)
270.42(e)(2)(ii)
(0
270.42(e)(2)
(iii)
270.42(e)(3)
270.42(e)(3)(i)
STATE AUTHORITY
STATUTE I REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
•*
September 28, 1988 - Page 9 of 15
-------
RCRA REVISION CHECKLIST 54: Permit Hodifications for Hazardous
Waste Management Facilities (Cont'd)
FEDERAL REQUIREMENT
necessity of
temporary authoriza-
tion to achieve an
objective:
facilitate closure
or corrective action
activities
allow treatment or
storage in tanks or
containers of
restricted wastes
prevent
disruption of
ongoing activities
respond to sudden
changes in types
or quantities of
wastes managed
protection of human
health and
environment
reissuance of
temporary authoriza-
tion for Class 2 or 3
reissuance of Class
2 in accordance with
specific paragraphs
reissuance of Class
3 in accordance with
specific paragraph
heading for "Public
notice and appeals of
permit modification
decisions"
when and to whom
notification of
grant, denial or
automatic authori-
zation decisions
must be sent
appeal of grant or
denial decision
appeal of automatic
authorization
heading for "Newly
listed or identified
wastes"
RCRA CITE
270.42(e)(3)(ii)
270.42(e)(3)(ii)
(A)
270.42(e)(3)(ii)
(B)
270.42(e)(3)(1i)
(0
270.42(e)(3)(11)
(D)
270.42(e)(3)(ii)
(E)
270.42(e)(4)
270.42(e)(4)(i)
270.42(e)(4)(ii)
270.42(f)
270.42(f)(l)
270.42(f)(2)
270.42(f)(3)
270.42(g)
STATE AUTHORITY
STATUTE REGULATION
•
IF DIFFERENT FROM FEDERAL
REQUIREMENT. EXPLAIN
=V
September 28, 1988 - Page 10 of 15
-------
RCRA REVISION OffCXLIST 54: Permit ftedifications for Hazardous
Waste Management Facilities (Cont'd)
FEDERAL REQUIREMENT
continued authority
to manage wastes
listed in Part 261:
in existence as a
hazardous waste
facility on
effective date of
final rule listing
or identifying
waste
submit Class 1
modification request
in compl iance with .
265 standards
for Class 2 or 3
modifications,
submit complete
modification request
within 180 days
certification that
land disposal units
are in compliance
within 12 months
expansions are
not under 25
percent capacity
limit for Class 2
modifications
maintenance and
notice of updated
list of permit
modifications
remove 270.42(i)
through 270.42(o)
add Appendix I;
classification
of modifications
ROW CITE
270.42(g)(l)
270.42(g)(l)(1)
270.42(g)(l)(1i)
270.42(g)(l)
(111)
270.42(g)(l)(iv)
270.42(g)(l)(v)
270.42(g)(2)
270.42(h)
270.42(1)-(o)
270.42,
Appendix I
STATE AUTHOH1TY
STATUTE | REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
Appendix I to §27M2—aee*ification of Perm*
Meorhfcenone
Che
A. Gfmnt ferrmt />omnvi«
1 Adrnrastratnr* md informational ctianges__
2. Correction 01 typograpncal errors
3. EoMement replacement or upgradmg witn taclton
a»ent
^.— ,----- , —. inponentt (e.g.. pipe*, vatve*. pumps, conveyor*, control*).
4 Changes m me frequency at or procedures tor monitoring, reporting, sampling, or maintenance activities by tf» permittee:
a. To provide for more frequent monitoring, reporttng. sampling, or maintenance. .. __ _.
o Ottier changes.. _ _
5 Scnedute of compliance:
a. Changes in Menm comoteiKi dates. «rtn pnor approval ot (ne Orector
b Ertenenn ot ftnei compliance date _
T ^1*"?** "* •*p*tnorl 1
September 28, 1988 - Page 11 of 15
-------
RCRA REVISION CHECKLIST 54: Permit Modifications for Hazardous
Waste Management Facilities (Cont'd)
FEDOHU. KQUMREHEHT
RCRA CITE
STATE AUTHORITY
STATUTE
REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
b. Ct«nge> •> a correct* a acaon program as requred by f 264.iOOf,r). uruesa 'atnemise specrhed in IMS Appendw
0 Oosum
1 Cftangea to me doaure plair
a. Cnangn t» ertmnb of maximum extent of operations or maarnum inventory of wane OA-SM at any time during me active We of me facMy, with
pnor appro* ai of W« Obextpr. _______ _»™_ __________________________________ ........................ __ ......... ______________ ...... - ..... __________________________
b. Changs* in tne etosu* acnaduie tar any unrt. cnanges in tte tnal ctoaure •chaduto for Ow ftciMy. or extension of the docura period, with pnor
approval of the Director __..__ ______ ______ ____ __ ___ . . __ „ ___ _ ____ ___.____„___ _________ ............ ~ __ .,. _______ _. __ _ __________________
e. Qwngas) in the eipecied year of final ctoeure. where other pe^vt conditions are not changed, with pnor approval of the Director .. ..................................
d Change* in procedures tor -eo-naiii-ieuon 9) fac*ty eqwpmant or ttructures. with prior approval of the Director ... [[[
e. Change*, in approteu c-aaunj plan r**_*_ng from une-peoed events oecumng dunng parksl or final closure, un-mas u-Her-ae specrAed in this
2. Creation of a new tandfia unt as part of ctosure
3. Ado-ton of tie fo-owng new ur_«a to b* u»ed WnporanV for o)c*_«* acfwitan:
a. S-»_-e-» _-.--^»-i---.
b. lAurtaratoi-
c. Wast* p-es mat do not comply wnh 5 264.250(c) _ _
d. Wast* pees thai comply witfi f 264.250*.c) _ ~
e. Tanks or containers (otf-sr than spicifiaif bekjw) „
f Tanks used for nautrakzation. dewaianng, phase separation, or component separation, with pnor approval of th* Director.
E.Post-Cto**w
i. Changes in name, address, or phone number of contact m post-ctteure plan..
2. Erterwon of i
3. Reduckon n •_» poal cfc-ura car* panod
4 Chang** to the expected year of final closure, where other permit corxMons are not changed—
5. Chang** in poet-closure plan necessitated by events oecumng during me active life of the taa-ty. including partial and final closure.
F. Com*n*rs
1. Moomcatton or adrjtion of container urvts:
a. Resulting n greater than 25% increase in the fac_itys coouww storage capacity
b Resulting M up to 25% increase in the faoMy s container storage capacity..
September 28, 1988 - Page 12 of 15
i f_»f-flN-l —
_ J F^rW^** ........ ....»..,.,.,.................«......,............ ---
•v CIiftsV*O-M -H •^•w«----S---«k__' •*•* ^__—^^^^ _^ _____*_________•_*_ -__•_•_----_._-•--» -»
5. Ow»gt*i«
ft. T"»W awtac*1 tfw typt) of OBCTBC-M tfw «vnounl of tr«_irting £iYQfi to •nipiiO)M0s> _.....„.-..-..-. -» .......
b. Other changes -
6. Contingency plan:
a. Changes * emergency procedures (i.e., »i« or release response procedures) i
b Replacement wrm 'uncnonaity equivalent equipment, upgrade, or relocate emergency equipment listed :
c. Removal of eqwement irem emergency equipment list _ - : : •
d Cnangaa m neme. address, or phone number of coordinators or other persons or agencies identified in the plan _
Not*: When a permit modification (such as introduction of a new unit) requires a change m facility plans or other general «ac*ty standards, mat cnange snail
be reviewed under the same procedures .as the permit modification. ,
C flru-ntf mafcjr Aerecac* . i
a. Changs* m we number, tocat-xi. depth, or design of upgradMnt or downgrac*ent wetts of perm-ted ground-water monrtormg system - 2
b. A*pt*e*m*nt of an ensang wen met n*s ossn dsm*gad or rendered inoperable, without cnange gtowtsvveier le^Bimg or aoetrws pnetsaUsi or moMonng schedule, with prior appiowel of the Dredor - '
3. CTaneai » SMfrHcai prnrei-n «or a*iern-r-ng whether a staasticaoy s.
b. Changes 10 a comphanc* monrtormg program as req-'ed by 12ft».99<-». urMes omerwue spec*ed in this appendui
8 Correctnre action program:
a. Addition of a corrcetve action program as requred by H 204 990K2) and 264 100
f;
•>
3
-------
RCRA REVISION CHECKLIST 54: Permit Modifications for Hazardous
Waste Management Facilities (Cont'd)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT. EXPLAIN
Motfcauona
2
a. MOdBICaeon Of a CGMawr unM Without MCreesWIQ the CBPeofy 9 the UTet..
b. Addition at a roof to a container unit wrinout aiterason ot the comawimera
3. Storage at different wastes In conuinera
V Modification or addition of surface impoundment units mat resu!: *> increasing trie facility's surface impoundment storage or treatment capacity.
!
September 28, 1988 - Page 13 of 15
a. That requre additional or different management practices from those authorized in the permit —
b. That do not require additional or different management pracwn from those autnonzed m me permit _
Not* See 5 270.42(gj tor modification procedures to be used for tne management of newly bated or rientified wastes.
4 Other change*, m container management practice* (e.g.. aiste spec*: type* of containers: segregation)
G. Tarns
1.
a. ModriicatMn or addition ot tar* units resulting m greater man 25V increase in the facility's tank capacity, except as provided m GO XO and G(1 )(. modifications are treated me same as for a land**. The following j
modifications are applicable only to wasta pies comptyng r. ;n $ i6v25Cic|.
i Modification or addition ol waste pile units:
a. Resulting in greater than 25S increase m the taoWyswast* »* swage or treatment capacity -I 3
b Resulting m up to 25% increase m the facility's waste c«e storage or treatrre.it capacity - t
< Mnrti^cation o< waste pile unit without increasing me cacaC't/e':*••« w^it ' -
3. Replacement of a waste prte unit with another waste pile urat of me same design and capacity and meeting all wwte p*e co*dit«ns m "v.em
4. Modification of a landfill unit without changing a liner, leachate coiiec-on system, teacnaie detection system, rvirvoi! control, or i«-ji eov-jr s»ste-i !
S. Modification ol a landfill management practice •
6. Landfill different wastes: " ' !
a. That requ*e additional or different management practices, different resign of the M>er. leachate coi:ection system, or leac^-ate Se-.ec: -:^ s.s'eri i
b. That do not requre additional or different management practices, different design of tne liner, leachate corecnon system, cr ie»;nai» oeiec:on !
system
Hole: See 9 270 42(gj for modification procedures to be used for the management of newly toted or identified wastes
-------
RCRA REVISION CHECKLIST 54: Permit Modifications for Hazardous
Waste Management Facilities (Cont'd)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE 1 REGULATION
If DI-FFEflENT FROM FEDERAL
R£OU1ie«rr, EXPLAIN
of a land i
K. Una i
1. Lateral eipamiun of or other i
2. Modification of run-on control system.
3. Modrfy run-off control system
4. Other modifications of land treatment unit i
S. Management of different wastes m land treatment unrjs:
a. That require a change iri pi
0. That do not reowre a change « pi
isr un* deiy
Note: See § 270.42fg) for modification procedures to be used tar the man
6. Modification of a land treatment unit management preface to:
nent of newty listed or identified
a. Increase rate or change method of waste application..- [[[ -
b. Decrease rate of waste application ............................ . ........................................... _
7. Modification of a land treatment unit management practice to change measures ol pH or morsture content, c- to ermarce
reactions [[[ _ ........................... _
or c
>ood |
8. Modification of a land treatment unit management practice to grow food chain crops, to add to or replace existing permi:ed crocs «• in
chaw crops, or to modrfy operating plans for distnbuMn of anonal feeds resuwng tram such crops ............. — ............................................ {
9. Modification of operating practice due to detecwn of releases from the land treatment una pursuant to §264 278fg)|2) ........................................ i
10. Changes in the unsaturated zone monitoring system, resulting n a change to the location, depth, numoer of aampkng coots, or r«cuce ynsaturated ;
TTTT ~nninrimj rlrnrsi nr rnmcinnenii nt i(eim n niiti Temrei nr rprnponeMl H>at H«ns ieeuft:s»oni i Efferent frnrn immii reumii irn .................. j
11. Changes in the unsaturated zone monitoring j>iMm that do not result m a cftena* » me Union ttegm. nwrner of semoMe, po^tv or tr* reeiact •
o> QVMCOT w^ft OMICOO of ooMpovtowts ^•MH^ ipBOVioBMOMt diffwvt ffowi pvfmt r*^*w
12. Changes in background velues for
1 3. Changes in ssmptng, anatyva. or
14. Changes in land treatment aemuuuauo
em aemunsuattan program pno
IS. Changes in any conaaon specified in the perm* for a land
standards are met and the Orator's poor
16. Changes to anew a second lend treatment Jemonnrafcon to be
to or dunng tAe i
yn( to reflect i
tot vwi
performance
wnen the reauBs of *e hrstde*
i not snewn me conations
under which the wastes can be treated comptetefy. provided the conditions for me second demonstration are substantially the same as :ne conditions
for the first demonstration and have received the prior approval of 9m Director
17. Changes to aHow a second land treatment demonstration to be conducted when me results of the first demonstration have not shown the condition
under which the wastes can be treated completely, where (he condmons for mo second demonstration are not suOstanttaty me same as the conation:
for the first demonstration _ _
18. Changes in vegetative cover requirements for closure..
1. Changes to increase by more than 25% any of the following limits authorized in the permit: A thermal feed rate limit a waste feed rate limit, or an
organic chlonne feed rate limit The Director wifl require a new tnal turn to substantiate compliance with the regulatory performance standards unless
this demonstration can be made through other means _ _
3-Chary* to increase by up to 25% any of the following limits authorized in the permt A thermal feed rate limit a waste feed '•««. or an organic
chlonne feed rate limit The Director wifl require a new tnal bum to substantiate compliance with me regulatory performance standards unless mis
demonstration can be made through other means „
3. Modification of an incinerator unit by changing the internal size or geometry of the primary or secondary combustion units, by aoomg a pnmary or
secondary combustion unit by substantially changing the design of any component used to remove HO or paniculate from me combustion gases, or Dy
changing other features of the incinerator that could affect its capabHity to meet the regulatory performance standards. The Director WHI require a new
trial bum to substantiate compliance with the regulatory performance standards unless ma demonstration can be made through other rr-eans
*. Modification of an incinerator unit in a manner mat would not likely affect the capability of the unit to meet the 'eguiatory performance standards but
which would change the operating conditions or monrtonng requrements specified m the permit The Director may require a *ew trai ourn to
demonstrate compliance with the regulatory performance standards _ }
S. Operating requirements:
a. Modification of the limits specified in the permit for minimum combustion gas temperature, minimum combustion gas residence t>"-e. or oiygen ,
concentration in the secondary combustion chamber. The Director win require a new tnal bum to substantiate compliance wtn ine regulatory |
performance standards unless this demonstration can be made ttvough other means •
b_ Modification of any stack gas emission limits specified in the permit or modification of any conations in the permit concerning emergency snutdown '
or automatic waste leed cutoff procedures or controls I
c. Modification of any other operating condition or any inspection or recordfceepmg requirement specified in the permit i
& Incineration of different wastes:
a. If the waste contains a POHC that is more difficult to incinerate than authorized by the permit or it incineration of me waste requires crjwance win
different regulatory performance standards than specified in the pemnt. The Director wrtl require a new tnal bum to substantiate ccrr-oiiance ««m me I
regulatory performance standards unless thm demonstration can be made through other means I
b. if the waste does not contain a POHC mat * more difficult :o ^norata man authorized by the permit and rl incineration of tre *aste oo«s not )
require compliance with different regulatory performance standa'as T.an specified in the permit :
-------
RCRA REVISION CHECKLIST 54: Permit Modifications for Hazardous
taste Hanageaent Facilities (Cont'd)
FEQSML •EWIMHPiT
KM CITE
STATE AUTHORITY
STATUTE 1 REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
tt «• tart town plan m mi tt «•
SUBPART F - SPECIAL FORMS OF PERMITS
HAZARDOUS HASTE INCINERATOR PERMITS
revise last sentence
by oaritting
parenthetical phrase
revise last sentence
by omitting "as a
minor modification"
270.62(a)
270.62(b)(10)
t PERMITS FOR LAND TREATMENT DEMONSTRATIONS USING FIELD TEST OR LABORATORY ANALYSES
remove "as a minor
modification"; add
a new sentence on
second phase of
permit
remove phrase on
minor modifica-
tions
remove paragraph
270.63(d)(l)
270.63(d)(2)
270.63(d)(3)
September 28, 1988 - Page 15 of 15
-------
QSWER POLICY DIRECTIVE f9541.00-11
RCRA REVISION CHECKLIST 55
Statistical Methods for Evaluating Ground-Water Monitoring
Data from Hazardous Waste Facilities
53 FR 39720-39731
October 11, 1988
(non-HSWA Cluster V)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE I REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT. EXPLAIN
PART 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE
TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SUBPART F - RELEASES FROM SOLID WASTE MANAGEMENT UNITS
REQUIRED PROGRAMS
definition of
"detected" as in
264.98(f)
definition of
"exceeded" as in
264.99(d)
264.91(a)(l)
264.91(a)(2)
GROUND-WATER PROTECTION STANDARD
replace entering11^
after 264.93 with
"detected in"; in
the last clause
replace everything
after "constituents
have" with "been
detected in the
ground water."
264.92
remove
end of
and from
paragraph
264.97(a)(l)
redesignate
264.97(g)(3) as
264.97(a)(l)(1);
sampling of wells
not hydraulically
upgradient
264.97(a)(l)(i)
old 264.97(g)(3)(i)
becomes
264.97(a)(l)(1)(A);
insert "hydraulical-
ly" preceding "up-
gradient"; replace
"or" at end of
paragraph with "and"
264.97(a)(l)(1)
(A)
October 11, 1988 - Page 1 of 8
-------
RCRA REVISION CHECKLIST 55: Statistical Methods for Evaluating Ground-Water
Monitoring Data from Hazardous Waste Facilities (Cont'd)
FEDERAL REOUIREKOTT
old 264.97(g)(3)(ii)
becomes
264.97(a)(l)(1)(B);
add "; and " to end
of paragraph
contamination detec-
tion when migration
to uppermost aquifer
detection monitoring
--sampling procedure,
number and kinds of
samples, sample size
sequencing of at
least four samples;
requirements of
interval between
alternate sampling
procedure
redesignate as
264.97(a)(lKl)
specify statistical
evaluation methods
for ground-water data
and specify in
permit; requirements
for use of listed
methods:
parametric ANOVA
followed by multiple
comparisons
procedures
ANOVA based on ranks
followed by multiple
comparisons
procedures
tolerance or predic-
tion interval
procedure
control chart
approach
another statistical
method approved by
the Regional
Administrator
ROM CITE
•264.97(a)(l)(i)
(B)
264.97(a)(3)
264.97(q)
264.97(g)(l)
264.97(g)(2)
264.97(g)(3)
264.97(h)
264.97(h)(l)
264.97(h)(2)
264.97(h)(3)
264.97(h)(4)
264.97(h)(5)
STATE Atmwrm
STATUTE I REGULATION
•
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
October 11, 1988 - Page 2 of 8
-------
QSWER POLICY DIRECTIVE #9541.00-11
RCRA REVISION CHECKLIST 55: Statistical Methods for Evaluating Ground-Water
Monitoring Data from Hazardous Waste Facilities (Cont'd)
FEDEBW.
RCRA CITE
STATE AUTHORITY
STATUTE REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
performance
standards for
statistical methods
chosen under
264.970Q;
264.97(i)
appropriate for dis-
tribation of chemical
parameters or hazard-
ous constituents;
transformed or dis-
tribution-free test
264.97(i)(l)
individual well
comparison—0.01
Type I error;
multiple compari-
sons—0.05 Type I
error, but maintain
0.01 Type I error
for individual wells
264.97(0(2)
for control chart
approach, what must
be approved by Re-
gional Administrator
264.97(i)(3)
for tolerance or
prediction interval,
what must be approved
by Regional
Administrator
264.97(i)(4)
account for data
below detection
limit and require-
ments
264.97(0(5)
procedures to
correct or control
for seasonal and
spatial variability
264.97(0(6)
maintenance of
ground-water
monitoring data in
facility operating
record; when data
must be reviewed
264.97M)
DETECTION MONITORING PROGRAM
October 11, 1988 - Page 3 of 8
-------
RCRA REVISION CHECKLIST 55: Statistical Methods for Evaluating Ground-Water
Monitoring Data from Hazardous Waste Facilities (Cont'd)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE
_, IF DIFFERENT FROM FEDERAL
REGULATION i REQUIREMENT. EXPLAIN
ground-water monitor-
ing program for each
chemical parameter
and hazardous con-
s ti tuent; record of
ground-water
analytical data
264.98(c)
Regional Administra-
tor specifies fre-
quency of samples
and tests; four
samples per well
semi-annually
264.98(d)
determine if
statistically sig-
nificant evidence
of contamination
264.98(f)
methods which can
be used
264.98(f)(l)
determine evidence of
contamination at each
monitoring well at
compliance point;
time period deter-
mined by Regional
Administrator
264.98(f)(2)
what owner/operator
must do if sta-
tistically signifi-
cant evidence of
contamination
264.98(g)
notification of
Regional
Administrator ; 264.98(g)(l)
immediate determina-
tion if Appendix IX
constituents are
in groundwater
i
i
I
i
264.98(q)(2) I
for constituents
found, resample in
one month; if con-
firmed, form basis
of compliance moni-
toring; no resample-
initial analysis is
basis
264.98(g)(3)
October 11, 1988 - Page 4 of 8
-------
POLICY DIRECTIVE #9b4o..-QO-li •
RCRA REVISION CHECKLIST 55: Statistical Methods for Evaluating Ground-yater
Monitoring Data from Hazardous Waste Facilities (Cont'd)
FEDERAL REQUIREMENT
application for
permit modification
I/ Appendix IX
constituent
concentration
proposed changes to
ground-water
monitoring system
proposed additions
or changes
proposed concentra-
RCRA CITE
264.98(g)(4)
264.98(g)(4)(i)
264.98(g)(4)
(ii)
264.98(g)(4)
(iii)
STATE AUTHOR! TT
STATUTE I REGULATION
.
IF DIFFE*£NT FROM FEDERAL
REOUIRBWrr, EXPLAIN
tion limit or notice
of intent for
alternate
concentration limit
264.98(g)(4)
(iv)
what must be sub-
mitted within 180
days
data to justify
alternate concen-
tration limit
engineering
feasibility plan for
corrective action
264.98(g)(5) ;
264.98(g)(5)(1) !
264.98(g)(5)(ii):
I
i
j
1
i
concentration of
264.98(g)(2) con-
stituents do not
exceed values of
264.98(g)(5)(ii)i
alternate concen-
tration limit
demonstration of a
source other than
regulated unit caused
contamination
notify Regional
Administrator of
intent to submit
demonstration
report demonstrating
that another source
264.98(g)(5)(11)
(B)
264.98(q)(6)
264.98(q)(6)(i)
caused contamination
or error in sampling,
analysis or
evaluation
264.98(g)(6)(ii)!
I/ Note in line 2 there is a typographical errbr--"or" should be "of."
October 11, 1988 - Page 5 of 8
-------
RCRA REYISIOH CHECKLIST 55: Statistical Methods for Evaluating Ground-Water
Monitoring Data fron Hazardous Waste Facilities (Cont'd)
application for i
permit modifi cation !
continue to !
reoni tor i
what must be done if j
detection monitoring
prograffi no longer !
satisfies '
requirements ;
KM CITE
264.98(g)(6}
(111)
264.98(g)(6)(iv)
264.98(h)
STATE AUTHJtlTf
STATUTE REGULATION
IF DIFFERENT FROH FEDERAL
REQUIREMENT, EXPLAIN
delete paragraph
delete paragraph
delete paragraph
. 264.98(i)
264.98(j)
264.98(10
i
|
j
i
COMPLIANCE MONITORIRG PROGRAM
Regional Admin-
istrator specifies
procedures and
statistical methods
sampling program for
each chemical
parameter or hazard-
ous constituent
record of ground-
water analytical
data
statistical
evidence of
increased contam-
ination of any
chemical parameter
or hazardous
constituent
method(s) to deter-
mine statistically
significant
evidence of
increased
contamination
264.99(c)
264.99(c)(l)
264.99(c)(2)
264.99(d)
264.99(d)(l)
October 11, 1988 - Page 6 of 8
-------
uiK£,L'iiVE #9541.00-11
RCRA REVISION CHECKLIST 55: Statistical Methods for Evaluating Ground-Water
Monitoring Data from Hazardous Waste Facilities (Cont'd)
FEDERAL REQUIftEKHT
RCRA CITE
STATE AUTHORITY
IF DIFFERENT FROM FEDERAL
STATUTE | REGULATION REQUIREMENT. EXPLAIN
within reasonable
time period, deter-
mine if statis-
tically signifi-
cant evidence of
increased contami-
nation at each moni-
toring well at
compliance point
Regional Adminis-
trator specification
of sample and test
frequencies; four
samples per well
semi-annually
264.99(d)(2)
264.99(f)
annual analysis at
each well's compli-
ance point for all
264. Appendix IX
constituents; pro-
cedures regarding
new constituents
not in permit
' 264.99(g)
remove old 264.99(h)
and redesigjiate old
264.99(i) as .
264.99(h); revise
new 264.99(h)~
change n(n)n to
11 (d)"; replace "the
ground water protec-
tion standard" with
"any concentration
limits under 264.94
are"; insert "or
she" after "he"
264.99(h)
October 11, 1988 - Page 7 of 8
-------
RCRA REVISION CHECKLIST 55: Statistical Methods for Evaluating Ground-Water
Monitoring Data from Hazardous Waste Facilities (Cont'd)
FEDERAL REQUIREMENT
redesignate old
264.99(j) as
264.99(i); revise
ROM CITE
STATE AUTHORITY
STATUTE ! REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
new 264.99(i) —
change "(h)" to
"(d)"; replace
"protection
standard" with "con-
centration limits
under this section
are"; insert "or
she"after "he";
revise rest of
paragraph after
"regulated unit
caused" retaining
clause "In making
demonstration..."
264.99(i)
redesignate old
264.99(k) as
264.99(j)
redesignated as
264.99(j) so that
264.99(k) no
longer exists
264.99(j)
264.99(k)
remove paragraph
i 268.99(1)
October 11, 1988 - Page 8 of 8
-------
ROW REVISION CHECKLIST 56
Ideirtificatioti and Listing of Hazardous Waste; Removal of
Iron Dextran from the List of Hazardous Wastes
53 FR 43878-43881
October 31, 1988
(non-HSWA Cluster V)
FEDERAL REQUIREMENT
ROM CITE
STATE AUTHORITY
STATUTE REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT. EXPLAIN
PART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
SUBPART D - LISTS OF HAZARDOUS WASTES
DISCARDED COMMERCIAL CHEMICAL PRODUCTS, OFF-SPECIFICATION SPECIES, CONTAINER
RESIDUES. AND SPILL RESIDUES THEREOF
t remove listing
261.33(f)
The following waste has been removed from the 261.33{f) list:
"U139...9004-66-4...Iron dextrin"
APPENDIX VIII TO PART 261
HAZARDOUS CONSTITUENTS
t remove listing
Appendix VIII
The following waste has been removed from Appendix VIII:
"Iron dextran...Same...9004-66-4"
October 31, 1988 - Page 1 of 1
-------
OSWER PCLIOr DIRHJTIVE #9541.00-1:
RCRA REVISION CHECKLIST 57
Identification and Listing of Hazardous Waste; Removal of
Strontium Sulfide from the List of Hazardous Wastes
53 FR 43881-43884
October 31, 1988
(non-HSWA Cluster V)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE I REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT. EXPLAIN
PART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
SUBPART D - LISTS OF HAZARDOUS WASTES
t DISCARDED COMMERCIAL CHEMICAL PRODUCTS, OFF-SPECIFICATION SPECIES, CONTAINER
RESIDUES, AND SPILL RESIDUES THEREOF
remove listing
261.33(e)
The following waste has been removed from the 261.33(e) list:
"P107...1314-96-1...Strontium sulfide"
APPENDIX VIII TO PART 261
HAZARDOUS CONSTITUENTS
t remove listing
Appendix VIII
The following waste has been removed from Appendix VIII:
"Strontium sulfide...Same...1314-96-1"
October 31, 1988 - Page 1 of 1
-------
RCRA REVISION CHECKLIST 58
Standards for Generators of Hazardous Waste
53 FR 45089-45093
November 8, 1988
(non-HSWA Cluster V)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY |
STATUTE 1 REGULATION |
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
PART 262 - STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE
SUBPART B - THE MANIFEST
GENERAL REQUIREMENTS
Amend OMB control
number
262.20(a)
APPENDIX TO PART 262
UNIFORM HAZARDOUS WASTE MANIFEST
change expiration
date; add burden
disclosure statement
change expiration
date
8700-22
8700-22A
•
November 8, 1988 - Page 1 of 1
-------
ATTACHMENT B
Updated Portions of SCRAM
-------
Table A-l lists the Revision Checklists. They are generally listed in
chronological order, except that they are grouped into the following categories:
t Non-HSWA requirements prior to Cluster I (January 26, 1983 - June
30, 1984)
• Non-HSWA Cluster I (July 1, 1984 - June 30, 1985)
• Non-HSWA Cluster II (July 1, 1985 - June 30, 1986)
t Non-HSWA Cluster III (July 1, 1986 - June 30, 1987)
• Non-HSWA Cluster IV (July 1, 1987 - June 30, 1988)
• Non-HSWA Cluster V (July 1, 1988 - June 30, 1989)
• HSWA Cluster I (November 8, 1984 - June 30, 1987)
t HSWA Cluster II (July 1, 1987 - June 30, 1990)
The checklists in this Table that are noted with a MtM contain, only optional
requirements. As additional changes to the Federal program occur, corresponding
checklists will be added to this Appendix.
A-2a
-------
OSWER POLICY DIRECTIVE 19541.00-11
Revision
Checklist
I
2
3
4
5
6
t7
t8
t9
10
11
t!2
13
15
Table A-l
Recent Federal Requirements
Federal Requirement
Non-HSMA Requirements
Biennial Report [See Revision Check-
list 130]
Permit Rules - Settlement Agreement
Interim Status Standards - Applica-
bility [See Revision Checklist #10]
Chlorinated Aliphatic Hydrocarbon
Listing
National Uniform Manifest [See
Revision Checklists I17D & #32]
Permit Rules - Settlement Agreement
Listing Warfarin & Zinc Phosphide
Lime Stabilized Pickle Liquor Sludge
Promulga-
HSWA or FR tion or
Reference HSWA Date
48 FR 3977
Non-HSWA Cluster I (July 1, 1984 - June 30, 1985)
1/28/83
48 FR 39622 9/1/83
48 FR 52718 11/22/83
49 FR 5313 2/10/84
49 FR 10490 3/20/84
49 FR 17716 4/24/84
49 FR 19922 5/10/84
49 FR 23284 6/5/84
State Availability of Information
[See Appendix 0]
Exclusion of Household Waste
Interim Status Standards - Applica-
bility
Corrections to Test Methods Manual
Satellite Accumulation
Redefinition of Solid Waste
Interim Status Standards for
Landfills
HSWA §3006(f) 11/8/84
49 FR 44980
49 FR 46095
49 FR 47391
49 FR 49571
50 FR 614
50 FR 16044
Continued
11/13/84
11/21/84
12/4/84
12/20/84
1/4/85
4/23/85
A-2b
-------
Revision
Checklist
#
24
t26
t27
28
29
35
36
37
38
Table A-l (Cont'd)
Recent Federal Requirements
Federal Requirement .
HSWA or FR
Reference
Non-HSWA Cluster II (July 1. 1985 - June 30. 1986)
51 FR 16422
Closure, Post-Closure and Financial
Responsibility Requirements
Listing of Spent Pickle Liquor
Non-HSWA Cluster III (July 1, 1986 - June 30, 1987)
Radioactive Mixed Waste (See SPA #2)
Liability Coverage - Corporate Guarantee
(See Revision Checklist #43)
Hazardous Waste Tank Systems [Certain
sections superceded by 53 FR 34079,
see Revision Checklist #52; also see HSWA
V Cluster I] .
Correction to Listing of Commercial
Chemical Products and Appendix VIII
Constituents (Superceded by 53 FR
13382, see Revision Checklist 46)
[Hazardous Waste Tank Systems; Cor-
rection, See Revision Checklist #28]
t [Listing of Spent Pickle Liquor;
Correction, See Revision Checklist #26]
Revised Manual SW-846; Amended Incorpora-
tion by Reference
Closure/Post-Closure Care for Interim
Status Surface Impoundments
Definition of Solid Waste; Technical
Corrections
Amendments to Part B - Information Re-
quirements for Land Disposal Facilities
51 FR 24504
51 FR 25350
Promulga-
tion or
HSWA Date
5/2/86
51 FR 19320 5/28/86
7/3/86
7/11/86
51 FR 25422 7/14/86
51 FR 28296 8/6/86
51 FR 29430
51 FR 33612
52 FR 8072
52 FR 8704
52 FR 21306
52 FR 23447
Continued
8/15/86
9/22/86
3/16/87
3/19/87
6/5/87
6/22/87
A-2c
-------
Revision
Checklist
#
46
Table A-l (Cont'd)
Recent Federal Requirements
Federal Requirement
Non-HSWA Cluster III (Cont'd)
Technical Correction; Identification and
Listing of Hazardous Waste (Supersedes
Revision Checklist 29)**
HSWA or FR
Reference
53 FR 13382
Promulga-
tion or
HSWA Date
4/22/88
40
41
t43
45
t49
Non-HSWA Cluster IV (July 1. 1987 - June 30. 1988)
List (Phase I) of Hazardous Constituents 52 FR 25942
for Ground-Water Monitoring
52 FR 26012
52 FR 28697
52 FR 33936
Identification and Listing of Hazardous
Waste
[Listing of Spent Pickle Liquor; Clar-
ification, See Revision Checklist #26]
[Development of Corrective Action Pro-
grams After Permitting Hazardous Waste
Land Disposal Facilities; Corrections,
See Revision Checklist #38]
Liability Requirements for Hazardous
Waste Facilities; Corporate Guarantee
(See Revision Checklist #27)*
Hazardous Waste Miscellaneous Units
[Technical Correction; Identification
and Listing of Hazardous Waste (Super-
cedes Revision Checklist 29; placed in
non-HSWA Cluster III, see Revision
Checklist 46)]**
Non-HSWA Cluster V (July 1. 1988 - June 30, 1989)
52 FR 46946
53 FR 13382
Identification and Listing of Hazardous
Waste; Treatability Studies Sample
Exemption
7/9/87
7/10/87
8/3/87
9/9/87
52 FR 44314 11/18/87
12/10/87
4/22/88
53 FR 27290 7/19/88
Continued .
A-2d
-------
Revision
Checklist
#
51
52
53
r54
55
t56
t57
58
Table A-l (Cont'd)
Recent Federal Requirements
Federal Requirement
Ckm-HSMA Cluster V (Cont'd)
Standards Applicable to Owners and
Operators of Hazardous Waste Treatment,
Storage and Disposal Facilities;
Liability Coverage (reserved, this rule
presently subject to litigation)
Hazardous Waste Management System;
Standards for Hazardous Waste Storage
and Treatment Tank Systems [See Revision
Checklist 128; also see HSWA Cluster II]
Identification and Listing of Hazardous
Waste; and Designation Reportable
Quantities, and Notification
Permit Modifications for Hazardous
Waste Management Facilities
Statistical Methods for Evaluating
Ground-Water Monitoring Data from
Hazardous Waste Facilities
[Permit Modifications for Hazardous
Waste Management Facilities, see
Revision Checklist 154]
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 (reserved)
HSWA or FR
Reference
Promulga-
tion or
HSWA Date
53 FR 33938 9/1/88
53 FR 34079 9/2/88
53 FR 35412 9/.13/88
53 FR 37912 9/28/88
53 FR 39720 10/11/88
53 FR 41649 10/24/88
53 FR 43878 10/31/88
53 FR 43881 10/31/88
53 FR 45089 11/8/88
Continued . . .
A-2e
-------
Revision
Checklist
#
14
16
17
Table A-l (Cont'd)
Recent Federal Requirements
Federal Requirement
Promulga-
HSWA or FR tion or
Reference HSWA Date
HSWA CLUSTER I (November 8. 1984 - June 30. 1987)
HSWA Date of Enactment Provisions [See Numerous
Revision Checklist #17]
11/8/84
Direct Action Against Insurers HSWA §3004(t) 11/8/84
Dioxin Listing and Management Standards 50 FR 1978 1/14/85
Fuel Labeling [See #17K] HSWA §3004 2/7/85
Paint Filter Test [See Revision
Checklist #25]
Prohibition of Liquids in Landfills
[See #17F]
Expansions During Interim Status -
Waste Piles [See #17P]
Expansions During Interim Status -
Landfills and Surface Impoundments
[See #17P]
HSWA Codification Rule [See Revision
Checklist #44]
17A - Small Quantity Generators
[Superceded 51 FR 10174, see
Revision Checklist #23]
17B - Delisting
17C - Household Waste
170 - Waste Minimization [See Revision
Checklist #32]
17E - Location Standards for Salt Domes,
Salt Beds, Underground Mines and
Caves
17F - Liquids in Landfills [See Revision
Checklist #25]
17G - Dust Suppression
17H - Double Liners
50 FR 18370 4/30/85
HSWA §3004(c) 5/8/85
HSWA §3015(a) 5/8/85
HSWA §3015(b) 5/8/85
50 FR 28702 7/15/85
Continued
A-2f
-------
Revision
Checklist
#
18
19
20
21
22
23
25
28
30
31
Table A-l (Cont'd)
Recent Federal Requirements
Federal Requirement
HSWA Cluster I (Cont'd)
171 - Ground-Water Monitoring
17J - Cement Kilns
17K - Fuel Labeling
17L - Corrective Action
17M - Pre-construction Ban
17N - Permit Life
170 - Omnibus Provision
17P - Interim Status
17Q - Research and Development Permits
17R - Hazardous Waste Exports [Super-
ceded by 51 FR 28644, See
Revision Checklist #31]
17S - Exposure Information
Listing of TDI, TDA, ONT
Burning of Waste Fuel and Used Oil Fuel
in Boilers and Industrial Furnaces
Spent Solvents Listing
EDB Waste Listing
Four Spent Solvents Listing
Small Quantity Generators [See
Revision Checklists #42 and #47]
Paint Filter Test; Correction
Hazardous Waste Tank Systems [Certain
sections superceded by 53 FR 34079,
see Revision Checklist #52; also see
Non-HSWA Cluster III]
Biennial Reports; Correction
Exports of Hazardous Waste
[See Revision Checklist #48]
Promulga-
HSWA or FR tion or
Reference HSWA Date
50 FR 42936 10/23/85
50 FR 49164 11/29/85
50 FR 53315
51 FR 5330
51 FR 6541
51 FR 10174
51 FR 19176
51 FR 25422
51 FR 28556
51 FR 28664
12/31/85
2/13/86
2/25/86
3/24/86
5/28/86
7/14/86
8/8/86
8/8/86
Continued...
A-2g
-------
POLICY DIRECTIVE 19541.00-11
Revision
Checklist
32
33
34
47
48
Table A-l (Cont'd)
Recent Fe
-------
Revision
Checklist
#
44
50
Table A-l (Cont'd)
Recent Federal Requirements
Federal Requirement
HSWA Cluster II (Cont'd)
[California List Waste Restrictions;
Technical Corrections, See Revision
Checklist #39]
HSWA Codification Rule 2
[See Revision Checklist #17]
44A - Permit Application Require-
ments Regarding Corrective
Action
448 - Corrective Action Beyond
Facility Boundary
44C - Corrective Action for Inject-
tion Wells
440 - Permit Modification
44E - Permit as a Shield Provision
44F - Permit Conditions to Protect
Human Health and the Environ-
ment
44G - Post-Closure Permits
[Identification and Listing of
Hazardous Waste; Technical Correction
(placed in HSWA Cluster I, see
Revision Checklist #47)]**
[Fanner Exemptions; Technical
Corrections (placed in HSWA Cluster
I, see Revision Checklist #48)]**
Land Disposal Restrictions for First
Third Scheduled Wastes
HSWA or FR
Reference
52 FR 45788
Promulga-
tion or
HSWA Date
52 FR 41295 10/27/87
12/1/87
53 FR 27162 7/19/88
53 FR 27164 7/19/88
53 FR 31138 8/17/88
Continued . . .
A-21
-------
Table A-l (Cont'd)
Recent Federal Requirements
Revision Promulga-
Checklist HSWA or FR tion or
# Federal Requirement Reference HSWA Date
HSWA Cluster II (Cont'd)
52 Hazardous Waste Management System; 53 FR 34079 9/2/88
Standards for Hazardous Waste
Storage and Treatment Tank Systems
[Supercedes certain portions of
Revision Checklist #28; also see
non-HSWA Cluster V]
[Land Disposal Restrictions, See 54 FR 8264 2/27/89
Revision Checklist #50]
t Optional.
* While Revision Checklists 27 and 43 are optional, states which have
adopted or choose to adopt the changes addressed by Revision Checklist 27,
must adopt Revision Checklist 43's changes.
** This is a technical correction to a previous checklist, and it has been
placed in the cluster of the revision checklist it corrects. If the
cluster in which this checklist has been placed is already closed, states
need to adopt this technical correction as soon as possible.
A-2J
-------
KJLJ.CZ
HODEL
..-., .
FDR CHANGES TO T¥fe rtDtft
JANUARY. 1983 THROUGH DECEMBER, 1988
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 seq . ) . and
40 CFR 271 that in «y opinion the laws of tfce State [Coa«onweaUhl~o:r
provide adequate authority to carry out the revised program set
forth in the revised "Prograw Description" sutaitted by the [State Agency].
The specific authorities provided are contained in statutes or regulations
lawfully adopted at the time this Stateaent 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).
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, as amended
February 10, 1984 [49 FR 5308-15], Revision Checklist 4.
(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 and 261.33(f), as amended
October 23, 1985 [50 FR 42936-43], Revision Checklist 18.
(4) Spent solvents, 40 CFR 261.31, as amended December 31, 1985 [50 FR
53319-20] and January 21, 1986 [51 FR 2702], Revision Checklist 2"0.
(5) EDB wastes, 40 CFR 261.32, as amended February 13, 1986 [51, FR
5330], Revision Checklist 21.
(6) Four spent solvents, 40 CFR 261.31 and 261.33(f), as amended February
25, 1986 [51 FR 6541], Revision Checklist 22.
* (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.
The 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 as least as stringent as the Federal requirement.
3.3-4
-------
(8) Listing of commercial chemical products and Appendix VIII
constituents, 40 CFR 261.33 and Appendix VIII, as amended August 6,
1986 [51 FR 28296], Revision Checklist 29; as amended July 10, 1987
[52 FR 260T2], Revision Checklist 41; and as amended April 22, 1988
[53 FR 13382], Revision Checklist 46.
(9) EBDC wastes, 40 CFR 261.32, as amended on October 24, 1986 [51 FR
37725], Revision Checklist 33.
(10) [OPTIONAL: This is a reduced requirement.] Generic delisting of
iron dextran (CAS No. 9004-66-4), 40-CFR 261.33(f) and Appendix VIII,
as amended October 31, 1988 [53 FR 43878], Revision Checklist 56.
(11) [OPTIONAL: This is a reduced requirement.] Generic delisting of
strontium sulfide (CAS No. 1314-96-1), 40 CFR 261.33(e) and Appendix
VIII, as amended October 31, 1988 [53 FR 43881], Revision Checklist
57.
[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 17A) 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 262 as amended October 1, 1986 [51 FR
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 10174), 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 is an optional requirement only if States do not have "a
delisting mechanism.] State statutes and regulations provide authority to
delist hazardous waste as indicated in Revision Checklist 17B.
(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)(l); 40 CFR 260.22 as amended July 15, 1985
(50 FR 28702).]
3.3-5
-------
(2) State statutes and regulations require that there be no new temporary
deli stings 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.
[Federal Authority: RCRA §3001(f)(2); 40 CFR 260.20(d).]
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 amended June 5,*1984 [49 FR 23284], 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)(l), as amended November
13, 1984 [49 FR 44980], and as indicated in Revision Checklists 9 and 17C.
[Federal Authority: RCRA §3001; 40 CFR 261.4(b)(l) 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 47391) 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.
[Federal Authority: RCRA §§1006 and 3001(b).]
Citation of Laws and Regulations; Date of Enactment and Adoption Remarks of the
Attorney General~~
3.3-6
-------
r~vrCY DUttX.TJ.VE #9541.00-J..L
H. [OPTIOKAL: This is a reduced reqaireawrt.] State statutes and
regulations to 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)i(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 provide for listing of these six
wastes as indicated in Revision Checklist 53.
[Federal Authority: RCRA §3001(b); 40 CFR 261.4(b)(7) and 261.32 as amended
September 13, 1988 (53 FR 35412).]
Citation of Laws and Regulations; Date of Enactment and Adoption Remarks of the
Attorney General
II. DEFINITION OF SOLID WASTE
A. State statutes and regulations define hazardous waste and impose
management standards so as to control all the hazardous waste controlled under
40 CFR Parts 261, 264, 265 and 266 as amended January 4, 1985 [50 FR 614-669],
April 11, 1985 [50 FR 14216-20], August 20, 1985 [50 FR 33541-43] and June 5,
1987 (52 FR 21306) as indicated in Revision Checklists 13 and 37.
[Federal Authority: RCRA §§3001, 3004; 40 CFR 260, 261, 264, 265, and 266.
Citation of Laws and Regulations; Date of Enactment and Adoption Remarks of the
Attorney General'
III. MANAGEMENT OF DIQXIN 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), 26-1.30(d), 261.31, and 261.33(f).
(2) Special management and permitting standards for facilities managing
dioxin wastes and prohibitions applicable to interim status
facilities, as provided in 40 CFR Parts 264, 265, and 270.
[Federal Authority: §§3001, 3004; 40 CFR Parts 261, 264, 265 and 270 as
amended January 14, 1985 (50 FR 1978-2006).]
Citation of Laws and Regulations; Date of Enactment and Adoption Remarks of the
Attorney General
3.3-7
-------
IV. SATELLITE
[OPTTOWU.: 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 ouch as 55 gallons of hazardous waste or one quart
of acutely hazardous waste provided that the generator complies with the
requireaents specified in §2€2.34(c) as indicated in Revision Checklist 12.
[Federal Authority: RC3A §§2002, 3002, 3004, 3005 and 40 CFR 262.34(c) as
amended December 20, 1984 (49 PR 49571).]
Citation of Laws and Regulations; Date of Enactment and Adoption Remarks of the
Attorney General
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. l(b).
[Federal Authority: RCRA §3004; 40 CFR Part 265 as amended November 22, 1983
(48 FR 52718) and Kovenber 21, 1984 (49 FR 46095).]
Citation of Laws and Regulations; Date of Enactment and Adoption Remarks of the
Attorney General
VI. PAINT FILTER TEST
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, 17F and 25.
[Federal Authority: RCRA §§3004, 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, 3003; 40 CFR Parts 260 and 262 as
amended March 20, 1984 (49 FR 10490) and October 1, 1986 (51 FR 35190).]
3.3-8
-------
OSWER POLICY DIRECTIVE #9541.00-11
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.
[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
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
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).
(2) Facilities must submit groundwater monitoring data annually to the
State Director as indicated in 40 CFR 265.94.
[Federal Authority: RCRA §§3002, 3004; 40 CFR Parts 262 and 265 as amended
January 28, 1983 (48 FR 3981-83) 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
State statutes and regulations contain the following requirements
regarding waste minimization as indicated in Revision Checklists 170, 30 and 32
(see Item I.B. above).
3.3-9
-------
(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: §3005(h); 40 CFR Parts 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
X. LIQUIDS IN LANDFILLS
A. State statutes and regulations contain the following requirements
regarding liquids in landfills as indicated in Revision Checklists 17F 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(e), 265.314(e), 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: §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
XI. GROUND-WATER MONITORING
s
A. State statutes and regulations provide that the §3004 groundwater
monitoring requirements applicable to surface impoundments, waste piles, land
treatment units and landfills shall apply whether or not such units are located
3.3-10
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OSIER POLICy DIRECTIVE #9541.00-11
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.
[Federal Authority: ROW §3004(p); 40 CFR 264.222, 264.252, 264.253, and
264.302 as amended July 15, 1985 (50 FR 28702).]
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 fron the ground-water monitoring requirements
as provided in §3004(p). However, those variances must be restricted as
provided in RCRA §3004(p).
[Federal Authority: RCRA §3004(p); 40 CFR 264.90(b).]
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 Parts
264.98, 264.99, Appendix IX of 264, and 270.14 as amended July 9, 19§7~(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.
[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 FR 39720).]
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 17J.
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OSWER POLICY DIRECTIVE #954x.00-ii
[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 17J and 17K.
[Federal Authority: RCRA §§3004(q)-(s); 40 CFR 261.33; 266.34 as amended July
15, 1985 (50 FR 28702).]
Citation of La*s and Regulations; Date of Enactment and Adoption Remarks of the
Attorney General
B. [OPTIONAL: This is a reduced requirement.] State statutes and
regulations provide exceptions to these requirements as specified in
§§3004(q)(2)(A) and 3004r(2) & (3).
[Federal Authority: RCRA §§3004(q)2(A) and 3004r(2) & (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 17L:
(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; 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(y). (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
§3004(v) regulations.)
[Federal Authority: RCRA §3004(v)(l).]
Citation of Laws and Regulations; Date of Enactment and Adoption Remarks of the
Attorney General
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r'U.j.Li DIRECTIVE 19541.00-1:
(3) Corrective action is required beyond a facility's boundary in
accordance with §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.
[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; .101.]
Citation of Laws and Regulations; Date of Enactment and Adoption Remarks of the
Attorney General'
B. Additional information and engineering feasibility plan requirements
regarding groundwater contamination detected at the time of Part B permit
application as indicated in Checklist 38 (52 FR 23447, June 22, 1987 and 52 FR
33936, September 9, 1987).
[Federal Authority: Sees 1006, 2002, 3005, 3007 and 7004 of the Solid Waste
Disposal Act, as amended by the Resource Conservation and Recovery Act, as
amended (42 U.S.C. 6905, 6912, 6925, 6927, 6974), unless otherwise noted.]
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 44A.
[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) to 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 44B.
[Federal Authority: RCRA §3004(v); 40 CFR 264.100(e) and 264.101(c), as
amended December 1, 1987 (52 FR 45788).]
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QSKER POLld OiKECnVE
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 44C.
(1) Hazardous waste injection wells now operating under RCRA interim
status may retain interim status after issuance of a DIG 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.l(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 141.3(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
F. State statutes and regulations require that miscellaneous unit 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
3.3-14
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XIV. HAZARDOUS WASTE EXPORTS
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 17R, 31, and
48 (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), and July 19, 1988 (53 FR 27164).]
Citation of Laws and Regulations; Date of Enactment and Adoption Remarks of the
Attorney General
XV. STANDARDS FOR FACILITIES*
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 17E. 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 §7010(a) of RCRA applies.
[Federal Authority: RCRA §§3004(b)-(q); 40 CFR 264.18, 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 17E.
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); 40 CFR 264.600 et seq., December 10, 1987 (52 FR
46946).] ~ ~~
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 17G.
This 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.
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OSWER POLICY DIRECTIVE t954i.oo-.L-L
[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
D. State statutes and regulations allow direct action by third parties
against the insurer or guarantor of an owner/operator's financial
responsibilities if an owner/operator is in bankruptcy reorganization or
arrangement or where (with reasonable diligence) jurisdiction in any State or
Federal Court cannot be obtained over an owner/operator likely to be solvent at
time of judgment.
[Federal Authority: RCRA §3004(t).]
Citation of Laws and Regulations; Date of Enactment and Adoption Remarks of the
Attorney General
E. 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 amended September 1, 1983, as indicated in Revision Checklist 2.
[Federal Authority: RCRA §3005(c); 40 CFR 270 as amended September 1, 1983 (48
FR 39622).]
Citation of Laws and Regulations; Date of Enactment and Adoption Remarks of the
Attorney General
F. 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, 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
G. 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 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:
H. [OPTIONAL: This is a reduced requirement.] State statutes and
regulations allow qualified companies that treat, store or dispose of hazardous
3.3-16
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CSHER PCLIOf DiifflCTlYE 19541.00-11
waste to use a corporate guarantee to satisfy liability assurance requirements
as indicated in Revision Checklist 27 and Revision Checklist 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 Noveaber 18, 1987 (52 FR
44314).]
Citation of Laws and Regulations; Date of Enactment and Adoption Remarks of the
Attorney General
I. 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 Checklist 28 and Revision Checklist 52.
[Federal Authority: RCRA §§1006, 2002, 3001 - 3007, 3010, 3014, 3017 - 3019
and 7004; 40 CFR 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
J. State statutes and regulations require environmental performance
standards; monitoring, testing, analytical data, inspection, response and
reporting procedure; 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"
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 17M.
[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 264, 266, and 270, as indicated in
Revision Checklist 17N.
3.3-17
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[Federal Authority: RCRA §3005(c)(3); 40 CFR Z70.41(a)(6). 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
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 170.
[Federal Authority: RCRA §3005(c)(3); 40 CFR 270.32 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 17P.
[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 17P.
[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 by 11/8/89
unless the owner/operator submits a Part B application by 11/8/86 as
indicated in Revision Checklist 17P.
[Federal Authority: RCRA §3005(c)(2)(C); 40 CFR 270.73(e) as amended July 15,
1985 (50 FR 28702).]
3.3-18
-------
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 by 11/8/92 unless the owner/operator
submits a Part B application by 11/8/88 as indicated in Revision
Checklist 17P.
[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 17P.
[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
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 17P.
[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 3x) for any hazardous waste treatment facility
which proposes an innovative and experimental hazardous waste treatment
technology or process not yet regulated as indicated in Revision Checklist 17Q.
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 GeneraT
3.3-19
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OSWER POLICY DIRECTIVE 19541.00-11
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 171.
[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 §3005(j)(6)(A).]
Citation of Laws and Regulations; Date of Enactment and Adoption Remarks of the
Attorney General
(2) Surface impoundments to comply with the double liner, leachate
collection and ground-water monitoring requirements if the Agency
allows a hazardous waste prohibited from land disposal under
§3004(d), (e) or (g) to.be placed in such impoundments.
[Federal Authority: RCRA §3005(j)(ll).]
Citation of Laws and Regulations; Date of Enactment and Adoption Remarks of the
Attorney General
(3) [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).
[Federal Authority: RCRA §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.
3.3-20
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OSWER POLICY DIRECTIVE #9541.00-11
[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 that allow the permit granting agency
to initiate modifications to a permit without first receiving a request from
the permittee, in cases where statutory changes or new or amended regulatory
standards affect the basis of the permit as indicated in Revision Checklist
440.
[Federal Authority: RCRA §3005(c); 40 CFR 270.41(a)(3X 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 44E.
[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 44F.
[Federal Authority: RCRA §3005(c); 40 CFR 270.10 as amended December 1, 1987
(52 FR 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 446.
[Federal Authority: RCRA §3005(i); 40 CFR 270.l(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
3.3-21
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OSWER POLICY DIRECTIVE #9541.00-11
permit requirements), the Part B general application requirements of §270.14,
and specific Part B information requirements for miscellaneous units as
indicated in Revision Checklist 45.
[Federal Authority: RCRA §§3004 and 3005; 40 CFR 264.600, 270.14 and 270.23 as
amended December 10, 1987 (52 FR 46946).]
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 to allow for expedited approval if no public concern exists
for a proposed permit modification. 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 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
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 17H.
[Federal Authority: RCRA §3015(a); CFR 265.254]
Citation of Laws and Regulations; Date of Enactment and Adoption Remarks of the
Attorney General
B. State statutes and regulation require that:
(1) New units, expansions, and replacement units at interim status
landfills and surface impoundments and permitted landfills and
surface impoundments meet the requirements for double liners and
leachate collection systems applicable to new permitted landfills and
surface impoundments in 40 CFR 264.221 and .301 and 265.221 and .301
as indicated in Revision Checklist 17H.
(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 17H.
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OSWER POLICY DIRECTIVE 19541.00-11
(3) Variances from the above requirements are optional. However, the
availability of such variances is restricted as provided in
§§265.221(c) and 265.301(c) as indicated in Revision Checklist 17H.
[Federal Authority: RCRA §3015(b); 40 CFR 264.221 and 265.221 as amended July
15, 1985 (50 FR 28702).]
Citation of Laws and Regulations; Date of Enactment and Adoption Remarks of the
Attorney General
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 17S.
[Federal Authority: RCRA §3019(a); 40 CFR 270.10(j) as amended July 15, 1985
(50 FR 28702).]
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(1).]
[Federal Authority: RCRA §3019(b).]
Citation of Laws and Regulations; Date of Enactment and Adoption Remarks of the
Attorney General
XIX. AVAILABILITY OF INFORMATION
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 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; del isting petitions; financial
responsibility instruments; ground-water monitoring data (note that
exemptions 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,
3.3-23
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OSWER POLICY DIRECTIVE #9541.00-11
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 D of the SCRAM. [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 ar^e 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 D of the SCRAM. 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. BURNING OF WASTE FUEL AND USED OIL FUEL 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
provided in 40 CFR 264.340, 265.340, 266.30-35 and 266.40-45.
[Federal Authority: §§3001, 3004, 3014(a>; 40 CFR Parts 261, 264, 265 and 266
as amended November 29, 1985 [50 FR 49164 - 49212], November 19, 1986 [51 FR
41900 - 41904] and April 13, 1987T52 FR 11819 - 11822].] N
Citation of Laws and Regulations; Date of Enactment and Adoption Remarks of the
Attorney General
B. State statutes and regulations provide the authority to obtain
criminal penalties for violations of the waste fuel and used oil fuel
requirements, as provided in 40 CFR 266.40-45.
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OSWER POLICY DIRECTIVE #9541.0
[Federal Authority: §3006(h), §3008(d), 3014; 40 CFR 271.16.]
Citation of Laws and Regulations; Date of Enactment and Adoption Remarks of the
Attorney General
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 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), 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 and 50.
[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) and August 17, 1988 (53 FR 31138TT]
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 Checklist 50.
[Federal Authority: RCRA §3004 (d)-(k) and (m); 40 CFR Parts 264, 265, and 268
as amended on August 17, 1988 (53 FR 31138) and February 27, 1989 (54 FR
8264).] — ~~
Citation of Laws and Regulations; Date of Enactment and Adoption Remarks of the
Attorney General
XXII. MEMORANDUM OF AGREEMENT (MOA)
[If the State uses the MOA to satisfy Federal procedural requiresents, the
Attorney General must certify the following:
(1) The State has the authority to enter into the agreement,
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OSWER POLICY DIRECTIVE #9541.00-11
(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.
Seal of Office
Signature
Name (Type or Print)
Title
Date
3.3-26
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OSWER POLICY DIRECTiVo
The following two pages
replace only the first
two pages of Model C.
Complete copies of Models 6 and H
follow the two Model C pages.
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Model C OSWER POLICY DIRECTIVE #9541.00-11
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
(Insert Name of State); Final Authorization
of State Hazardous Waste Management Program
AGENCY: Environmental Protection Agency
ACTION: Immediate Final Rule
SUMMARY: State X has applied for (final/interim) authorization
of revisions to its hazardous waste program under the Resource
Conservation and Recovery Act (RCRA). EPA has reviewed State
X's application- and has made a decision, subject, to public review
and comment, that State X's hazardous waste program revision
satisfies all of the requirements necessary to qualify for
(final/interim) authorization. Thus, EPA intends to approve
State X's hazardous waste program revisions. State X's application
for program revision is available for public review and comment.
DATES: (Final/Interim) authorization for State X shall
be effective ["insert date 60 calendar days after the date of
publication in the FEDERAL REGISTER] unless EPA publishes a
prior FEDERAL REGISTER action withdrawing this immediate final
rule. All comments on State X's program revision application
must be received by the close of business [insert date thirty
calendar days after the date of publication in the FEDERAL REGISTER]
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QSWER POLICY DIRECTIVE #9541.00-
ADDRESSES: Copies of State X's program revision application
are available during (insert business hours) at the following
addresses for inspection and copying: (insert appropriate State
addresses), U.S. EPA Headquarters Library, PM 211A, 401 M Street,
S.W., Washington, D.C., 20460 Phone: 202/382-5926. U.S. EPA
Region (insert Region number), Library, (insert the address, phone
number, and contact). Written comments should be sent to (insert
name, address, and phone number of the appropriate Regional
contact.)
FOR FURTHER INFORMATION CONTACT: (Insert name, address, and phone
number of the appropriate Regional contact.)
SUPPLEMENTARY INFORMATION-
A. Background
States with final authorization under Section 3006(b) of
the Resource Conservation and Recovery Act ("RCRA" or "the Act"),
42 U.S.C. 6929(b), have * continuing obligation to maintain a
hazardous waste program that, is equivalent to. consistent with,
and no less stringent than the Federal hazardous waste program.
In addition, as an interim measure, the Hazardous and Solid Waste
Amendments of 1984 (Public Law 98-616, November S, 1984, herein-
after "HSKA") allows State* to revise their programs to become
substantially equivalent, instead of equivalent to RCRA requirements
promulgated under BSWA authority. States exercising the latter
option receive "interim authorization* for the HSWA requirements
under Section 30O6(g) of RCRA, 42 U.S.C. 6926(g), and later apply
for final authorization for the HSWA requirements.
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OSWER POLICY DIRECTIVE 19541.C
MODEL G
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 272
HAZARDOUS WASTE MANAGEMENT PROGRAM: CODIFICATION OF APPROVED
STATE HAZARDOUS WASTE PROGRAM FOR [insert name of State]
AGENCY: Environmental Protection Agency
ACTION: Proposed/Final Rule
SUMMARY: The Resource Conservation and Recovery Act of 1976 as amended (RCRA)
authorizes the U.S. Environmental Protection Agency (EPA) to grant Final Authorization to
States to operate their hazardous waste management programs in lieu of the Federal
program. 40 CFR Part 272 codifies EPA's prior authorization of State programs and
incorporates by reference those provisions of the State statutes and regulations that EPA
will enforce under RCRA Section 3008. This [[proposal is to codify] or [rule codifies]]
the [insert State name] authorized State program in Part 272.
DATES: [For proposed rule: Comments on [insert State name] authorized program
proposed codification must be received by the close of business [insert date 30 days after
publication]]. [For final rule: The codification is effective [insert date 14 days after
publication]. The incorporation by reference of certain publications listed in the regulations
was approved by the Director of the Federal Register as of [insert date of approval]].
[ADDRESSES: For proposed rule: Written comments should be sent to [insert name,
address, and telephone number of the appropriate Regional contact]].
FOR FURTHER INFORMATION CONTACT: [Insert name, address, and telephone
number of the appropriate Regional contact].
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QSWER POLICY DIRECTIVE #9541.00-11
SUPPLEMENTARY INFORMATION
Background
Section 3006 of the Resource Conservation and Recovery Act of 1976, as amended,
(RCRA), 42 U.S.C. 6926 et. seq.. allows the U.S. Environmental Protection Agency (EPA)
to authorize State hazardous waste programs to operate in the State in lieu of the Federal
hazardous waste program. On [insert date of final determination], EPA published a Federal
Register notice announcing its decision to grant final authorization to [insert State name].
(See FR ). [Describe program revisions for which State is authorized and
current [proposed] revisions if applicable].
Since that time, EPA has decided to codify its approval of State programs in Part
272 of Title 40, Code of Federal Regulations (CFR) and to incorporate by reference therein
the State statutes and regulations that EPA will enforce under Section 3008. Today's
[proposed] codification reflects the State program that was in effect when EPA granted
[insert State name] final authorization under Section 3006(b) for its hazardous waste
program and authorized revisions thereto [and the revisions [[being authorized for today] or
[proposed for authorization]]].
This effort will provide clearer notice to the public of the scope of the authorized
program in each State. Such notice is particularly important in light of the Hazardous and
Solid Waste Act Amendments of 1984 (HSWA), Pub. L. 98-618. Revisions to State
hazardous waste programs are necessary when Federal statutory or regulatory authority is
modified. Because HSWA extensively amended RCRA, State programs must be modified
to reflect those amendments. By codifying die authorized [insert State name] program and
by amending the Code of Federal Regulations whenever a new or different set of
requirements is authorized in [insert State name], the status of Federally approved
requirements of the [insert State name] program will be readily discernible.
The Agency will only codify for enforcement purposes those provisions of the
[insert State name] hazardous waste management program for which authorization approval
has been granted by EPA. Concerning HSWA, some State requirements may be similar to
C-49
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OSWER POLICY DIRECTIVE #95
HSWA requirements that are in effect under Federal statutory authority in that State.
However, a State's HSWA-type requirements are not authorized and will not be codified^
into the CFR until the Regional Administrator publishes his final decision to authorize the
State for specific HSWA requirements. Until such time, EPA will enforce the HSWA
requirements and not the State analogs.
To codify the [insert State name] authorized hazardous waste program, EPA
[[proposes to add] or [has added]] Subpart [ ] to Part 272 of Title 40 of the CFR.
Subpart [ ] has previously been reserved for [insert State name]. [[As proposed, section,
or [Section]] 272. l(aXl) [[will codify for enforcement purposes or [codifies for
enforcement purposes]] the State statutes and regulations, the Memorandum of Agreement,
the Attorney General's Statement and the Program Description which are authorized and
made part of the hazardous waste management program under Subtitle C of RCRA.
The Agency retains the authority under Sections 3008, 3013 and 7003 of RCRA to
undertake enforcement actions in authorized States. With respect to such an enforcement
action, the Agency win rely on Federal sanctions, Federal inspection authorities and the
Federal Administrative Procedure Act rather than the State authorized analogs to these
requirements. Therefore, the Agency does not intend to codify for purposes of enforcement
such particular, authorized [insert State name] enforcement authorities. [Proposed] [S]ectkm
272. l(aX2) lists those auUmLieU [insert Stsse nme] *mhmiiii» that would fall into
this category.
The public also needs to be aware that some provisions of the State's hazardous
waste management program are not part of the Federally authorized State program. These
non-authorized provisions are not part of the RCRA Subtitle C program because they are
"broader in scope" than RCRA Subtitle C See 40 CFR J271.1(i). As a result, State
which are "broader in scope" than the Ftdval program ace not c<»lififni for
purposes of enforcement in Pan 272. Section 272. I(»X3) of the [proposed]
codification simply lists for rr.fr.m*e and clarity die (osert State name] statutory and
regulatory provisions which are "broader m scope" man the Federal piuf/am and which are
not, therefore, pan of the amboriml progiam [[proposed for codification] as [being codified
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OSWER POLICY DIRECTIVE #9541.00-11
today]]. "Broader in scope" provisions will not be enforced by EPA; the State, however,
will continue to enforce such provisions.
As noted above, the Agency is not [[proposing to amend] or [amending]] Part 272
to include HSWA requirements and prohibitions that are immediately effective in [insert
State name] and other States. Section 3006(g) of RCRA provides that any requirement or
prohibition of HSWA (including implementing regulations) takes effect in authorized States
at the same time that it takes effect in non-authorized States. Thus, EPA has immediate
authority to implement a HSWA requirement or prohibition once it is effective. A HSWA
requirement or prohibition supercedes any less stringent or inconsistent State provision
which may have been previously authorized by EPA. (See 50 PR 28702, July 15, 1985.)
Because of the vast number of HSWA statutory and regulatory requirements taking effect
over the next few years, EPA expects that many previously authorized and codified State
provisions will be affected. The States are required to revise their programs to adopt the
HSWA requirements and prohibition by the deadlines set forth in 40 CFR §271.21, and
then to seek authorization for those revisions pursuant to §271. EPA expects that the
States will be modifying their programs substantially and repeatedly. In general, persons
wanting to know whether a HSWA requirement or prohibition is in effect should refer to
40 CFR 271.l(j), as amended, which lists each such provision.
The codification of State authorized programs in me CFR should substantially
enhance the public's ability to ^n'TfH the * mi^u gaftia of the authorized State program
and clarify the extent of Federal enforcement authority. This will be particularly true as
more otate program re visions to adopt HS wr A p**** IMJUUE are jmth
Certification Under The Regulatory Flexibility Act
Puiauaat to the pro»iMuu> of 5 U.S.C 6Q3(b), I hereby certify that this action wfll
not have a significant rmnomir impact OB a substantial number of small entities. It
[{proposes to codify} or [codifies]} m* decision already made to authorize the [insert State
name] program and has no separate effect on handlers of hazardous waste in the State or
upon small entities. Tms rate, tnexefbce, does not respire a regulatory flexibility analysis.
C-51
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OSWER POLICY DIRECTIVE #9541.00-
Compliance With Execntive Order 12291
The Office of Management and Budget has exempted this rule from the
requirements of Section 3 of Executive Order 12291.
Paperwork Reduction Act
Under the Paperwork Reduction Act, 44 U.S.C. 3501 et. sea.. Federal agencies must
consider the paperwork burden imposed by any information request contained in a proposed
rule or a final rule. This rule will not impose any information requirements upon the
regulated community.
List of Subjects in 40 CFR Part 272
Administrative practice and procedure, Confidential business information, Hazardous
waste transportation, Hazardous waste, Incorporation by reference, Indian lands,
Intergovernmental relations, Penalties, Reporting and recordkeeping requirements, Water
pollution control, Water supply.
Dated:
Regional Administrator
C-52
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OSWER POLICY DIRECTIVE #9541.00-11
For the reasons set forth in the preamble, 40 CFR Part 272 is [proposed to be] revised as
follows:
PART 272 - APPROVED STATE HAZARDOUS WASTE MANAGEMENT PROGRAMS
1. The authority for Part 272 continues to read as follows:
Authority: Sees. 2002(a), 3006, and 7004(b) of the Solid Waste Disposal Act, as
amended by the Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C.
6912(a), 6926, and 6974(b).
2. The table of contents for Part 272 is revised to read as follows:
SUBPART [insert appropriate letter(s) and appropriate #s • [insert State name]
272. State Authorization
272. 1 State-Administered Program: Final Authorization
272. 2 State-Administered Program: Interim Authorization
272. 3 - 272. [Reserved]
3. 40 CFR Part 272, Subpart [insert appropriate letter and appropriate #s] is amended
to read as follows:
272. State Authorization
(a) The State of [insert State name] is authorized to administer and enforce a
hazardous waste management program in lieu of the Federal program under Subtitle C of
the Resource Conservation and Recovery Act of 1976 (RCRA), 42 U.S.C. 6921 et. seq..
subject to the Hazardous and Solid Waste Amendments of 1984 (HSWA), (Pub. L. 98-616,
Nov. 8, 1984), 42 U.S.C. 6926(c) and (g)). The Federal program for which a State may
receive authorization is defined in 40 CFR Part 271. The State's program, as administered
by the [insert State lead agency] was approved by EPA pursuant to 42 U.S.C. 6926(b) and
Part 271 of this Chapter. EPA's approval was effective on [insert appropriate Federal
Register reference].
C-53
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OSWER POLICY DIRECTIVb
(b) [insert State name] is not authorized to implement any HSWA requirement in
lieu of EPA unless EPA has explicitly indicated its intent to allow such action in a
Register notice granting [insert State name] authorization.
(c) [insert State name] has primary responsibility for enforcing its hazardous waste
program. However, EPA retains the authority to exercise its enforcement authorities under
Sections 3007, 3008, 3013, and 7003 of RCRA, 42 U.S.C. 6927, 6928, 6934, and 6973, as
well as under other Federal laws and regulations.
(d) [insert State name] must revise its approved program to adopt new changes to
the Federal Subtitle C program in accordance with Section 3006(b) of RCRA and 40 CFR
Part 271, Subpart A. [Insert State name] must seek final authorization for all program
revisions pursuant to Section 3006(b) of RCRA, but, on a temporary basis, may seek
interim authorization for revisions required by HSWA pursuant to Section 3006(g) of
RCRA, 42 U.S.C. 6926(g). If [insert State name] obtains final authorization for the revised
requirements pursuant to Section 3006(g), the newly authorized provisions will be listed in
272. _ 1 of this Subpart. If [insert State name] obtains interim authorization for the
revised requirements pursuant to Section 3006(g), the newly authorized provisions will be
listed in 272. _ 2.
272. _ 1 State-Administered Program: Final Authorization Pursuant to Sectio^
3006(b) of RCRA, 42 U.S.C. 6926(b):
[Insert State name] has final authorization for the following elements submitted to
EPA in [insert State name] program application for final authorization and approved for by
EPA on _ _. [Insert Final Authorization for Base Program and any program
revisions].
(a) State Statutes and Regulations. (1) The requirements in the [insert State name]
statutes and regulations cited in this paragraph are incorporated by reference and codified
as part of the hazardous waste management program under Subtitle C of RCRA, 42 U.S.C.
6921 et. seq. This incorporation by reference was approved by the Director of the Federal
Register on _ .
(i) [Insert reference for statutory authorities that are part of the approved program
under RCRA.]
(ii) [Insert reference for hazardous waste rules that are a part of the approved
program under RCRA.]
C-S4
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OSWER POLICY DIRECTIVE #9541.00-11
(2) The following statutes and regulations, although not codified herein for
enforcement purposes, are part of the authorized State program.
(i) [Insert reference for statutory authorities that are not to be incorporated by
reference but are part of the approved program.]
(u) [Insert reference for regulations that are not to be incorporated by reference but
are part of the approved program under RCRA.]
(3) The following statutory and regulatory provisions are broader in scope than the
Federal program, are not part of the authorized program, and are not codified herein for
enforcement purposes.
(i) [Insert statutory provisions, if any, which are broader in scope.]
(ii) [Insert regulatory provisions, if any, which are broader in scope.]
(b) Memorandum of Agreement. The Memorandum of Agreement between EPA
Region and the [insert State lead agency], signed by the EPA Regional Administrator
on [insert appropriate date] is incorporated by reference and codified as part of the
authorized hazardous waste management program under Subtitle C of RCRA, 42 U.S.C.
6921 et. seq. This incorporation by reference was approved by the Director of the Federal
Register on .
(c) Statement of Legal Authority. [(!)] "Attorney General's Statement for Final
Authorization", signed by the Attorney General of [insert Stale name] on [insert appropriate
date] is incorporated by reference and codified a* put of the authorized hazardous waste
management program under Subtitle C of RCRA, 42 U.S.C 6921 et sea. This
incorporation by reference was approved by the Director of the Federal Rooster on
[(2)] Letter from the Attorney General of [insert State name] to EPA, [insert
appropriate date].
(d) Program Description. The Program Description and any other materials
submitted as part of the original application or as supplements thereto. This incorporation
by reference was approved by the Director of th* Pc*iti'al Register OB •
272. 2 State-Administered Program: Interim Authorization. [Insert paragraph similar
to 272. 1 above. These paragraphs wffl reflect nyn>v«d program revisions for
interim authorization.]
C-55
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OSWER POLICY DIRECTIVE #9541.00-11
MODEL H
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 272
HAZARDOUS WASTE MANAGEMENT PROGRAM: CODIFICATION OF APPROVED
STATE HAZARDOUS WASTE PROGRAM FOR [insert name of State]
AGENCY: Environmental Protection Agency
ACTION: Immediate Final Rule
SUMMARY: The Resource Conservation and Recovery Act of 1976 as amended (RCRA)
authorizes the U.S. Environmental Protection Agency (EPA) to grant Final Authorization
to States to operate their hazardous waste management programs in lieu of the Federal
program. 40 CFR Part 272 codifies EPA's prior authorization of State programs and
incorporates by reference those provisions of the State statutes and regulations that EPA
will enforce under RCRA Section 3008. Thus, EPA intends to codify the [insert State
name] authorized State program in Part 272.
*
DATES: The codification of [insert State's name] authorized hazardous waste program
shall be effective [insert date 60 days after publication] unless EPA publishes a prior
Federal Register action withdrawing this immediate final rule. All comments on the
[insert State name] authorized program codification must be received by the close of
business [insert date 30 days after publication].
ADDRESSES: Written comments should be sent to [insert name, address, and telephone
number of the appropriate Regional contact].
FOR FURTHER INFORMATION CONTACT: [Insert name, address, and telephone
number of the appropriate Regional contact].
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OSWER POLICY DIRECTIVE #9541.00-
SUPPLEMENTARY INFORMATION:
Section 3006 of the Resource Conservation and Recovery Act of 1976, as amended,
(RCRA), 42 U.S.C. 6926 et. seq.. allows the U.S. Environmental Protection Agency (EPA)
to authorize State hazardous waste programs to operate in the State in lieu of the
Federal hazardous waste program. On [insert date of final determination], EPA
published a Federal Register notice announcing its decision to grant final authorization to
[insert State name]. (See FR .) [If applicable describe program revisions for
which State is authorized].
Since that time, EPA has decided to codify its approval of State programs in Part
272 of Title 40, Code of Federal Regulations (CFR) and to incorporate by reference
therein the State statutes and regulations that EPA will enforce under Section 3008 of
RCRA. The intended codification reflects the State program that was in effect when EPA
granted [insert State name] final authorization under Section 3006Gb) for its hazardous
waste program [and authorized revisions thereto].
This effort will provide clearer notice to the public of the scope of the authorized
program in each State. Such notice is particularly important in light of the Hazardous
and Solid Waste Act Amendments of 1984 (HSWA), Pub. L. 98-618. Revisions to State
hazardous waste programs are necessary when Federal statutory or regulatory authority
is modified. Because HSWA extensively amended RCRA, State programs must be
modified to reflect those amendments. By codifying the authorized [insert State name]
program and by amending the Code of Federal Regulations whenever a new or different
set of requirements is authorized in [insert State name], the status of Federally approved
requirements of the [insert State name] program will be readily discernible.
The Agency will only codify for enforcement purposes those provisions of the
[insert State name] hazardous waste management program for which authorization
approval has been granted by EPA. Concerning HSWA, some State requirements may be
similar to HSWA requirements that are in effect under Federal statutory authority in
that State. However, a State's HSWA-type requirements are not authorized and will not
be codified into the CFR until the Regional Administrator publishes hi* final decision to
authorize the State for specific HSWA requirements. Until such time, EPA will enforce
the HSWA requirements and not the State analogs.
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OSWER POLICY DIRECTIVE #9541.00-11
To codify the [insert State name] authorized hazardous waste program, EPA
intends to add Subpart [ ] to Part 272 of Title 40 of the CFR. Subpart [ ] has
previously been reserved for [insert State name]. Section 272. KaXD intends to
codify for enforcement purposes the State statutes and regulations, the Memorandum of
Agreement, the Attorney General's Statement and the Program Description which are
authorized and made part of the hazardous waste management program under Subtitle C
of RCRA.
The Agency retains the authority under Sections 3008, 3013 and 7003 of RCRA to
undertake enforcement actions in authorized States. With respect to such an
enforcement action, the Agency will rely on Federal sanctions, Federal inspection
authorities and the Federal Administrative Procedure Act rather than the State
authorized analogs to these requirements. Therefore, the Agency does not intend to
codify for purposes of enforcement such particular, authorized [insert State name]
enforcement authorities. Section 272. KaX2) lists those authorized [insert State
name] authorities that would fall into this category.
The public also needs to be aware that some provisions of the State's hazardous
waste management program are not part of the Federally authorized State program.
These non-authorized provisions are not part of the RCRA Subtitle C program because
they are "broader in scope" than RCRA Subtitle C. See 40 CFR §271.10). A* a remit,
State provisions which are "broader in scope" thaa the Federal program are not codified
for purposes of enforcement in Part 272. Section 272. 1(»X3) of the intended
codification simply lists for reference and clarity the [insert State name] statutory and
regulatory provisions which are "broader in scope" than the Federal program and which
are not, therefore, part of the authorized program being codified. "Broader in scope"
provisions will not be enforced by EPA; the State, however, will continue to enforce such
provisions.
As noted above, the Agency is not amending Part 272 to mefad*> RSWA
requirements and prohibitions that are immediateiy effective m [maert State name] and
other States. Section 3006Xg) of RCRA provide* that any requirement or prohibition of
HSWA (including implementing regulation*) takes effect in authorized State* at the same
time that it takes effect in non-authorized State*. Thus, EPA ha* immediate authority
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OSWER POLICY DIRECTIVE 19541
to implement a HSWA requirement or prohibition once it is effective. A HSWA
requirement or prohibition supercedes any less stringent or inconsistent State provision
which may have been previously authorized by EPA. (See 50 FR 28702, July 15, 1985.)
Because of the vast number of HSWA statutory and regulatory requirements taking effect
over the next few years, EPA expects that many previously authorized and codified State
provisions will be affected, The States are required to revise their programs to adopt the
HSWA requirements and prohibition by the deadlines set forth in 40 CFR §271.21, and
then to seek authorization for those revisions pursuant to §271. EPA expects that the
States will be modifying their programs substantially and repeatedly. In general, persons
wanting to know whether a HSWA requirement or prohibition is in effect should refer to
40 CFR 271.1(j), as amended, which lists each such provision.
The codification of State authorized programs in the CFR should substantially
enhance the public's ability to discern the current status of the authorized State program
and clarify the extent of Federal enforcement authority. This will be particularly true as
more State program revisions to adopt HSWA provisions are authorized.
Certification Under The Regvilatorv Flexibility Act
Pursuant to the provisions of 5 U.S.C. 605(b), I hereby certify that this action wil^
not have a significant economic impact on a substantial number of small entities. It
intends to codify the decision already made to authorize the [insert State name] program
a«wi haft m> separate >ffftrt on handlers of hazardous waste in ^>J> State or upon small
entities. Tkb rule, therefore, don not require a regulatory flexibility analysis.
O^nyKyaca With Br*r">M»« Orrkr 12291
The Office of Management and Budget has exempted this rule from the
requirement* of Section 3 of Executive Order 12291.
Paperwork Reduction Act
Under the Papemmk Reduction Act, 44 U.S.C. 3501 et. seq.. Federal agencies
mposed by any ""^"^uti"?! request contained in a
a final rota. Tha» rule win sot hnpmm any information requirements
tfr .
ulV
C-59
-------
OSWER POLICY DIRECTIVE 19541.00-11
T.i«t Of Subjects In 40 CFR Part 272
Administrative practice and procedure, Confidential business information,
Hazardous waste transportation, Hazardous waste, Incorporation by reference, Indian
lands, Intergovernmental relations, Penalties, Reporting and recordkeeping requirements,
Water pollution control, Water supply.
Dated:
Regional Administrator
C-60
-------
QSWER POLICY DIRECTIVE #954:
For the reasons set forth in the preamble, 40 CFR Part 272 is intended to be revised as_
follows:
PART 272 - APPROVED STATE HAZARDOUS WASTE MANAGEMENT PROGRAMS
1. The authority for Part 272 continues to read as follows:
Authority; Sees. 2002(a), 3006, and 7004(b) of the Solid Waste Disposal Act, as
amended by the Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C.
6912(a), 6926, and 6974(b).
2. The table of contents for Part 272 is revised to read as follows:
SUBPART [insert appropriate letters) and appropriate #s] - [insert State name]
272. State Authorization
272. 1 State-Administered Program: Final Authorization
272. 2 State-Administered Program: Interim Authorization
272. 3 - 272. [Reserved]
3. 40 CFR Part 272, Subpart [insert appropriate letter and appropriate ts] is amended
to read as follows:
272. State Authorization
(a) The State of [insert State name] is authorized to administer and enforce a
hazardous waste management program in lieu of the Federal program under Subtitle C
of the Resource Conservation and Recovery Act of 1976 (RCRA), 42 U.S.C. 6921 et. seq..
subject to the Hazardous and Solid Waste Amendments of 1984 (HSWA), (Pub. L 98-616,
Nov. 8, 1984), 42 U.S.C. 6926(c) and (g)). The Federal program for which a State may
receive authorization is defined in 40 CFR Part 271. The State's program, as
administered by the [insert State lead agency] was approved by EPA pursuant to 42
U.S.C. 6926{b) and Part 271 of this Chapter. EPA's approval was effective on [insert
appropriate Federal Register reference].
(b) [Insert State name] is not authorized to implement any HSWA requirements in
lieu of EPA unless EPA has explicitly indicated its intent to allow such action in a
Federal Register notice granting [insert State name] authorization.
(c) [Insert State name] has primary responsibility for enforcing its hazardous
waste program. However, EPA retains the authority to exercise its enforcement
C-61
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OSWER POLICY DIRECTIVE #9541.00-11
authorities under Sections 3007, 3008, 3013, and 7003 of RCRA, 42 U.S.C. 6927, 6928,
6934, and 6973, as well as under other Federal laws and regulations.
(d) [Insert State name] must revise its approved program to adopt new changes to
the Federal Subtitle C program in accordance with Section 3006(b) of RCRA and 40 CFR
Part 271, Subpart A. [Insert State name] must seek final authorization for all program
revisions pursuant to Section 3006(b) of RCRA, but, on a temporary basis, may seek
interim authorization for revisions required by HSWA pursuant to Section 3006(g) of
RCRA, 42 U.S.C. 6926(g). If [insert State name] obtains final authorization for the
revised requirements pursuant to Section 3006(g), the newly authorized provisions will be
listed in 272. 1 of this Subpart. If [insert State name] obtains interim authorization
for the revised requirements pursuant to Section 3006(g), the newly authorized provisions
will be listed in 272. 2.
272. 1 State-Administered Program: Final Authorization Pursuant to Section
3006(b) of RCRA, 42 U.S.C. 6926(b):
[insert State name] has final authorization for the following elements submitted to
EPA in [insert State name] program application for final authorization and approved for
by EPA on . [Insert Final Authorization for Base Program and any
program revisions].
(a) State Statutes and Regulation"- (1) Hie requirements in the [insert State
name] statutes and regulations cited in this paragraph are incorporated by reference and
codified as part of the hazardous waste Tt»«««gomaTit program under Subtitle C of RCRA,
42 U.S.C. 6921 et. seq. This incorporation by reference was approved by the director of
the Federal Register on .
(i) [Insert reference for statutory authorities that are part of the approved
program under RCRA.]
(ii) [Insert reference for hazardous waste rules that are a part of the approved
program under RCRA.]
(2) The following statutes and regulations, although not codified herein for
enforcement purposes, are part of the authorized State program.
(i) [Insert reference for statutory authorities that are not to be incorporated by
reference but are part of the approved program.]
(ii) [Insert reference for regulations that are not to be incorporated by reference
but are part of the approved program under RCRA.]
C-62
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OSWER POLICY DIRECTIVE 19541.00-1
(3) The following statutory and regulatory provisions are broader in scope than the
Federal program, are not part of the authorized program, and not codified herein for
enforcement purposes.
(i) [Insert statutory provisions, if any, which are broader in scope.]
(ii) [Insert regulatory provisions, if any, which are broader in scope.]
(b) Memorgr"^r>Tn of Agree™ ont. The Memorandum of Agreement between EPA
Region and the [insert State lead agency], signed by the EPA Regional
Administrator on [insert appropriate date] is incorporated by reference and codified as
part of the authorized hazardous waste management program under Subtitle C of RCRA,
42 U.S.C. 6921 et. seq. This incorporation by reference was approved by the Director of
the Federal Register on .
(c) Statement of Legal Authority. [(!)] "Attorney General's Statement for Final
Authorization", signed by the Attorney General of [insert State name] on [insert
appropriate date] is incorporated by reference and codified as part of the authorized
hazardous waste management program under Subtitle C of RCRA, 42 U.S.C. 6921 et.
sea. This incorporation by reference was approved by the Director of the Federal
Register on .
[(2)] Letter from the Attorney General of [insert State name] to EPA, [insert
appropriate date].
(d) Program Description. The Program Description and any other materials
submitted as part of the original application or as supplements thereto. This
incorporation by reference waa approved by the Director of the Fe
272. 2 Stata-Admmictered Program Interim Authorization. [Insert
paragraph similar to 272. 1 above. These paragraph* will reflect appro red program
revisions for interim authorization.]
C-€3
-------
OSWER POLICY DIRECTIVE 19541
ATTACHMENT C
Revised Pages for Existing Checklists
-------
OSWER POLICY DIRECTIVE #9541.(
The following pages replace pages A-56 and A-57 of Checklist IV B.
(Note: No changes were made to page A-57; it was included for
convenience in case your version of this checklist
has two-sided copying.)
-------
OSWER POLICY DIRECTIVE #9541.00-:
CHECKLIST IV B (continued)
^DfiRAL REQUIREMENT
use of multiple
financial mechanisms
use of a financial
mechanism for mul-
tiple facilities
release of o/o from
the requirements of
this section
RCRA CITE
265.145(f)
265.145(g)
265.145(h)
STAYS AUTHORITY
STATUTE REGULATION
rrW^RE"NT7'ROM ttbERAi
REQUIREMENT. EXPLAIN
USE OF A MECHANISM FOR FINANCIAL ASSURANCE OF BOTH CLOSURE AND POST-CLOSURE CARE
funds must be equal
to sun if separate
mechanisms used
265.146(a)
LIABILITY REQUIREMENTS
coverage for sudden
accidental occurrences
coverage for non- sudden
accidental occurences
request for varience
adjus-tnents by the
Director
period of coverage
financial tait for
liability
endorseaent/certi f icate
option expires 10/16/82
265.147(a)
265.147(b)
265.147(c)
265. 147(d)
265.147(e)
265.147(f)
265.147(0)
N/A
INCAPACITY OF 0/0. GUARAKTORS. OR FINANCIAL INSTITUTIONS
incapacity of o/o
or guarantor
incapacity of financial
institution
265.148(1)
265.148(6)
A-56
-------
OSWER POLICY DIRECTIVE #9541.00-11
CHECKLIST IV B (continued)
F"£OERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE REGULATION
it oiFfERgNY fROM FEDERAL
REQUIREMENT. EXPLAIN
SUBPART I - USE AND MANAGEMENT OF CONTAINERS
APPLICABILITY
storaqe
CONDITION OF CONTAINERS
action when not good
265. 170
265.171
COMPATIBILITY OF WASTE WITH CONTAINER
requirement
MANAGEMENT OF CONTAINERS
kept closed
handled with care
INSPECTIONS
required
SPECIAL REQUIREMENTS FOR
distance to property
line
265.172
265.173(a)
265.173(b)
265.174
IGNITABLE OR REACTIVE WASTE
265.176
SPECIAL REQUIREMENTS FOR INCOMPATIBLE WASTES
same container
unwashed container
separati on/protection
265.177(a)
265.177(b)
265.177(c)
SUBPART J - TANKS
APPLICABILITY
treatment
or
storage
265.
190
GENERAL OPERATING REQUIREMENTS
compliance with
265.17(b)
265.192(a)
A-57
-------
OSWER POLICY DIRECTIVE #9541.00-11
The following pages should replace pages 3 and 4 of
Revision Checklist 13.
(Note: No changes were made to page 4; it was included for
convenience in case your version of this checklist
has two-sided copying.)
-------
OSWER POLICY DIRECTIVE #9541.00-11
RCRA REVISION CHECKLIST: Definition of Solid Waste (cont'd)
FEDERAL REQUIREMENT
not solid waste
t when recvled
documentation
PCRA CITE
261. 2(e)
261. 2(f)
STATE AUTHORITY
STATUTE 1 REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
t DEFINITION OF HAZARDOUS WASTE
(1) Generated for treattnent
261.3(c)(2)
t EXCLUSIONS
(1) black liquor
snent sulfuric acid
261.4(a)(6)
261.4(a)(7)
.
t SPECIAL REQUIREMENTS FOR HAZARDOUS WASTE GENERATED BY SMALL QUANTITY GENERATORS
(1) Quantity determination
261. 5(c)
REQUIREMENTS FOR RECYCLABLE MATERIALS
recvclable materials
regulated
under Part 266
(2) exenrotion fron rule
generators and
transporters
(2) recyclino facilities
261.6(a)(l)
261.6(a)(2)
261.6(a)(3)
261. 6(b)
261. 6(c)
SUBPAFT D - LISTS OF HAZARDOUS WASTES
HAZARDOUS WASTE FROM NONSPECIFIC SOURCES
generic listinas
261.31
1
1
DISCARDED COMMERCIAL CHEMICAL PRODUCTS, etc.
introductory text
261.33
(1) Also see technical correction to the rule at 50 FP. 14216 (April 11,^ 1985).
(2) Also see technical correction to the rule at 50 FR 33542 (August 20, 1985)
January 4, 1985 - Pag* 3 of
-------
OSWER POLICY DIRECTIVE 19541.00-
RCRA REVISION CHECKLIST: Definition of Solid Waste (cont'd)
FEDERAL
RCRA CITE
STATE AUTHORITY
STATUTE REGULATION
IF DIFFERENT FROM F
REQUIREMENT, EXPLAIN
PART 264 - FACILITY REQUIREMENTS
SUBPART A - GENERAL
PURPOSE, SCOPE AND APPLICABILITY
exsrrotion f ran rule
264.1(a)(2)
SUBPART 0 - INCINERATORS
APPLICABILITY
owners and operators
with exceotion
264.340(a)
PART 265 - FACILITY'INTERIM STANDARDS
SUBPART A - GENERAL
PURPOSE, SCOPE AND APPLICABILITY
exemotion from rule
265.1(0(6)
SUBPART 0 - INCINERATORS
APPLICABILITY
owners and operators
with exceotion
265.3400)
S.3PART e - THEPMAL TREATMENT
OTHER THERMAL TREATMENT
thermal treatment
265.370
1
January 4, 1985 - Page 4 of 6
-------
OSWER POLICY DIRECTIVE #9541.00-11
The following pages should replace pages 1 and 2 of
Revision Checklist 21.
(Note: No changes were made to page 2; it was included for
convenience in case your version of this checklist
has two-sided copying.)
-------
R POLICY DIO.FCTIVE #9541.00-11
RCRA REVISION CHECKLIST 21
Listing of EDB Wastes
51 FR 5330
February 13. 1986
FEDERAL REQUIREMENTI RCRA CITEI STATE AUTHORITY T IF DIFFERENT FROM F
j | STATUTE I REGULATIONl REQUIREMENT. EXPIAI
PART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
SUBFART D - LISTING OF HAZARDOUS WASTE
WASTE FROM SPECIFIC SOURCES
I I
list of "K" waste 1261.32 I
§261.32 - Hazardous waste from specific sources
EPA hazardous Hazardous Waste Haza
waste No. Cod
(Organic Chemicals)
K117 -Wastewater from the reactor vent gas scrubber in the (T
production of ethylene dibromide via bromination of
ethene.
K118 Spent adsorbent solids from purification of ethylene H
dibromide in the production of ethylene dibromide via
bromination of ethene.
K136 .-. Still bottoms from the purification of ethylene dibromide (T
in the production of ethylene dibromide via bromination
of ethene•
APPENDIX III TO PART 261
add compound
1 1 1
(Appendix IIll 1
Compound
Method No.
Ethylene dibromide 8010, 8240
February 13. 1986 - Page 1 of 2
-------
OSWER POLICY DIRECTIVE #9541.00-11
RCRA REVISION CHECKLIST: EDB tf*ste Listing
FEDERA REQUIREMENT I RCRA CITE I STATE AUTHORITY ~l IF DIFFERENT FROM FEDERAL
_ _____ j I STATUTE | REGULATION I REQUIREMENT, EXPLAIN
APPENDIX VII TO PART 261
I 1 I
hazardous constituents [Appendix VIII j \
EPA hazardousHazardous constituents
waste No. for which listed
K117 Ethylene Dibromide
K118 Ethylene Dibromide
K136 ...Ethylene Dibromide
February 13, 1986 - Page 2 of 2
-------
OSWER POLICY DIRECTIVE #9541.00-11
The following pages should replace pages 1 and 2 of
Revision Checklist 22.
(Note: No changes were made to page 2; it was included for
convenience in case your version of this checklist has
two-sided copying.)
-------
RCRA REVISION CHEOLISTOCTER POLICY DIRECTIVE #9541.00-11
Listing of Four Spent Solvent*
51 PR 6541
February 25, 1986
FEDERAL REQUIREMENT I RCRA CITE I STATE AUTHORITY I IFDIFFERENT FROM FEDERAL
j [STATUTE I REGULATION! REQUIREMENT. EXPLAIN
FART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
SUBPART D - LISTS OF HAZARDOUS WASTES
WASTES FROM NON-SPECIFIC SOURCES
I | T
list of T- wastes 1261.31 j \
§261.31 —Hazardous waste from non-specific sources
EPA Hazardous Hazard
Waste No. Hazardous Waste Code
F002. The following spent halogenated solvents: tetrachloroethylene, (T)
aethylene chloride, trichloroethylene 1,1.1-trichloroethane,
chlorobenzene, 1.1.2-trichloro-l,2.2-trifluoroethane, ortho-
dichlorobenzene, trichlorofluoromethane, and 1,1.. 2-trichloro-
ethane; all spent solvent mixtures/blends containing, before
use, a total of ten percent or more (by volume) of one or more
of the above halogenated solvents or those listed in F001, F004,
or F005; and sill bottoms from the recovery of these spent
solvents and spent solvent mixtures.
F005 The following spent non-halogenated solvents: toluene, methyl (IT)
ethyl ketone, carbon disulfide, isobutanol, pyridine, benzene,
2-etho'xyethanol, and 2-nitropropane; all spent solvent mixtures/
blends containing, before use, a total of ten percent or more
(by volume) of one or more of the above non-halogenated solvents
or those solvents listed in F001, F002, or F004; and still
bottoms from the recovery of these spent solvents and spent
solvent mixtures.
DISCARDED COMMERCIAL CHEMIOL PRODUCTS, ETC.
T
toxic "U" waste 1261.33(f)
S261.33(f)
EPA ttaxardoiu
Waste No. Substance
(add the following compounds in alphabetical order)
E359 .... 2-Ethoxyethanol
0359 Ethylene glycol monoethyl ether
February 25, 1986 - Pag* 1 of 2
-------
OSWER POLICY DIRECTIVE #9541.00-11
RCRA REVISION CHECK. 1ST: Listing of Four Spent Solvents (Cont'd)
FEDERAL REQUIREMENT I RCRA CITE | STATE AUTHORITY "H IT DIFFERENT FROM FEDEEUM
I |STATUTE I REGULATION I REQUIREMENT. EXPLAIN
EPA Hazardous
Waste No. Substanee(eon't)
(change both entries for Hazardous Waste No. U171)
from "2-Nitropropane (I)" to "2-Nitropropane (I,T)"; and
from "Propane, 2-nitro- (I)" to "Propane, 2-nitro- (I,T)
APPENDIX III to Part 261
add constituents I I
to Table 1 I Appendix III I
Table 1
Compound . Method Numbers
2-Ethoxyethanol 8030,8240
2-Nitropropane. ... 8030,8240
APPENDIX VII TO PART 261
I I .I
hazardous constituents IAppendix VIII I
Appendix VII |
EPA Hazardous"
Waste No. Haxardeo* cettttltvettcs for vfeiea listed
F002 Tatraealoree«feyl«tt*, ecthylsa* ehl»ri««, trlchloro*thylene,
1,1,1-trichloroethan*, 1.1,2-trtchleroethane, ehlorobenzene,
1,1,2-trlchloro-l,2,2-trlfluoroethane, ortho-dichlorobenzene,
t richlorofluoro»«than*.
F005-. Toluene, methyl ethyl ketone, carbon dlsulflde, iaobutanol,
pyridin«, 2-ethoxy»thanol, benzene, 2-nitropropaae.
APPOODt VIII TO tOS 261
3 new constituents
Ethylene glycol monoethyl ether
(Ethanol, 2-ethoxy)
2-Sitropropane (Propane, 2-niCro)
ZS» 199* ~ Pas* 2 of 2
-------
OSWER POLICY DIRECTIVE #9541.00-11
The following pages should replace pages 1 and 2 of
Revision Checklist 23.
(Note: No changes were made to page 2; It was Included for
convenience In case your version of this checklist
has two-sided copying.)
-------
OSWER POLICY DIRECTIVE #9541.00-11
RCRA REVISION CHECH, 1ST 23
Generators of 100 to 1000 kg Hazardous Waste
51 FR 10174-10176
March 24, 1986
FEDERAL REQUIREMENT
I RCRA CITE| STATE AUTHORITY IIF DIFFERENT FROM FEDERAL
I I STATUTE I REGULATION! REQUIREMENT. EXPLAIN
PART 260 - HAZARDOUS WASTE MANAGEMENT SYSTEMr GENERAL
SUBPART B - DEFINITIONS
DEFINITIONS
snail • I
quantity generators [260.10
PART 261 - IDENTIFICATION AND LISTING OF HW
SUBPART A - GENERAL
PURPOSE AND SCOPE
subpart A scope
I I
I261.1(a)(l) I
SPECIAL REQUIREMENTS FOR HW GENERATED BY CONDITIONALLY EXEMPT SMALL QUANTITY GENERATORS
conditionally
exempt generators
exceptions
quantity determination
quantity exclusions
acutely hazardous
accumulation
requirements to be
conditionally exempt
mixing with non-
hazardous waste
mixtures that exceed
exclusion level
mixtures with used oil
remove paragraph
1 [
1261. 5(a) I
1 1
1261. 5(b) 1
1 1
1261. 5(c) i
1 1
1261. 5(d) I
1261. 5(«) |
1 1
1261. 5(f) 1
1 1
1261. 5(K) 1
1 1
1261. 5(h) I
1 1
1261.5(1) 1
1 [
1261. 5
-------
RCRA REVISION CHECH. 1ST: 100 Co 1000 kg WASTE GENERATORS (con't)
QSWER POLICY DIRECTIVE #9541.00-11
FEDERAL REQUIREMENT
RCRA CITEI STATE AUTHORITY IIT DIFFERENT FROM FEDERAL
I STATUTE I REGULATION! REQUIREMENT. EXPLAIN
SUBPART D - LISTS OF HAZARDOUS WASTE
DISCARDED COMMERCIAL CHEMICAL PRODUCTS. ETC.
introductory text
I261.33(f) I
PART 262 - GENERATOR REQUIREMENTS
SUBPART B - THE MANIFEST
GENERA REQUIREMENTS
100 to 1000kg
exeoptioa
'I T
|262.20(e) I
SUBPART C - PRE-TRANSPORT REQUIREMENTS
ACCUMULATION TIME
introductory text
1262.34(a)
T
100 to 1000kg and I I
accumulation of 180 days 262. 34(d) _ I
200 miles transport I T
and 270 day accumulation! 262. 34(e) I
6000kg or 180 days
1262. 34(f)
SUBPART D - RECORDKEEPING AND REPORTING
SPECIAL REQUIREMENTS FOR GENERATORS OF BETWEEN 100 and lOOOkg/MO.
I
special requirements 1262.44
T
PART 263 - TRANSPORTER REQUIREMENTS
SUBPART B - COMPLIANCE WITH THE MANIFEST SYSTEM AND RECORDKEEPING
MANIFEST SYSTEM
applicability of
100 to 1000kg
I263.20(h)
MARCH 24. 1986 - Page 2 of 3
-------
OSWER POLICY DIRECTIVE #9541.00-11
The following pages should replace pages 1 through 10
of Revision Checklist 28.
-------
OSWER POLICY DIRECTIVE 19541.00-11
RCRA REVISION CHECH. 1ST 23
Standards for Hazardous Waste Storage and Treatment Tank Systems
51 FR 25470-25486
July 14. 1986
FEDER/L REQUIREMENT
I RCRA CITE
I STATE AUTHORITY I
I STATUTE I REGULATION I
IF DIFFERENT FROM FEDERAL
REQUIREMENT. EXPLAIN
NOTE: Additional interpretation, clarification, and correction of typographical errors
relative to this Revision Checklist 28 are subsequently addressed by Revision Checklist
52 (September 2, 1988, 53 FR 34079). States are encouraged to consider the changes
associated with Revision Checklist 52 when implementing the changes addressed by
Revision Checklist 28.
PART 260 - HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERA,
DEFINITIONS
1 " aboveground tank"
1 "ancillary equipment"
*• "component"
*• "corrosion expert"
*• "existing tank system"
or "existing component"
*• "inground tank"
**. "installation inspector"
1 "leak detection system"
1 "new tank system"
*• "onground tank"
1 "sump"
1 "tank system"
^ "underground tank"
*• "unfit-for-use tank
system"
*• "zone of engineering
control"
260.10
260.10
260.10
1
260.10
260.10
260.10
260.10
260.10
260,10
260.10
260.10
260.10
260.10
260.10
260.10
r
'
1 These regulations implement HSWA only to the extent that they apply to tank systems
owned or operated by small quantity generators, establish leak detection requirements
for all new underground tank systems, and establish permitting standards for under-
ground tank systems that cannot be entered for inspection. They also implement RCRA
insofar as they apply to certain other tank systems. It is recommended that States
seek program modification for the rules promulgated under both RCRA authority and
HSWA authority by the deadline for non-HSWA Cluster III (7/1/88).
July 14, 1986 - Page 1 of 10
-------
RCRA REVISION CHECKLISTS Storage and Treatment Tank Systems (con't)
STATE AUTHORITY ~]IF DIFFERENT FROM FEDERAL
I STATUTE | REGULATION | REQUIREMENT, EXPIAIN
.OQ-11
EMIT 261 - IDENTIFICATION AND LISTING OP HAZARDOUS VASTE
t EXCLUSIONS
Secondary materials re-
claimed or returned to
process
261.4(a)(8)
ART 262 - STANDARDS APPLICABLE TO GENERATORS OF f&ZARDOUS VASTE
ACCUMULATION TIME
Accumulation on-site
Conpliance with
Subpart I of 265
Compliance with
Subpart J of '265
262.34(a)(l)
262.34(d)(2)
262.34(d)(3)
-
1ART 264
STANCARDS FOR OW4ERS AND OPERATORS OF HAZARDOUS fASTE
TREATMENT, STORAGE AND DISPOSAL FACILITIES
GENERAL INSPECTION REQUIREMENTS
Frequency of inspection
264.15(b)(4)
f
QPc^AUNG RECORD
Data reouirements
APPLICABILITY
(.losure & Post-closure
compliance w/264.197
F inane, responsibility
compliance w/264.197
264.73(bH6)
264.110(b)(3>
264.140(b)(3)
SUBGART J - TANK SYSTEMS
1 Applicability tank sys-
tens used for storing
or treatim h.w.
wL Exemption* fro*
t secondary confcaira»nt
requirenents
264.190
264.190(a)t(b)
"i written assess
reoui rement
^ Minrnum assess
k^snsi deration
ment
saent
i
264. 191 (a)
264.191(b)
technical correctiom of Au^at 15, 1986 (51 FR 29430)
July 14, 1986 - Page 2 of 10
-------
RCRA REVISION
IF DIFFERENT FROM FEDERA
REQUIREMENT, EXPLAIN
il
ASSESSMENT OF EXISTING TANK SYSTEM'S INTEGRITY (con't)
12 mos. deadline if
materials becone h.w.
after 7/14/86
Tank systans found to be
leaking or unfit for use
264.191(c)
264. 191 (d)
DESIGN AND INSTALLATION OF NEW TANK SYSTEMS OR COMPONENTS
Info, to be included in
written assessments for
new tanks
• New tank installation
procedures; inspection
requirements
Backfilling requirements
for new underground
tank systems
Tightness requirement
Protection of
ancillary equipment
Corrosion protection
requirements
Written statements and
certification statements
264.192(a)
264.192(b)
264.192(c)
264.192(d)
264.192(e)
264.192(f)
264.192(a)
CONTAINMENT AND DETECTION OF RELEASES
•^ Schedule for providing
secondary containment
for tank systems
^Min-« requirements for
secondary systems
^ Min. spec, of secondary
containment
1 Devices that satisfy th*
secondary containment
requirements
^Additional requirements
for liner and vault
systems, and double-
walled tanks
^ Ancillary equipment must
be provided with full
secondary containment
£ Exceptions at 264.193(f)
^ Variance requirements
li Requirements for
t- addressing releases from
tank. aya,Lem& that have
obtained variances
264.193(a)
264.193(5)
264. 193 (c)
264.193(d)~
264.193(e)
264 l$3Cf)
264.193(f)
(1) - (4)
2€4.193(g)
264.193(g)
(3) and (4)
•
July 14. 1986 - Pao» 3 of 10
-------
RCRA REVISION CHECKLISTS
Storage and Treatment Tank Systens (con't)
OSWER POLICY DIRECTIVE 19541.00-11
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTBCIU.TY
SJAlUit {REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENTS, EXPLAIN
IDWENT AND DETECTION OF RELEASES (con't)
i procedures for
t request! no a variance
•*• Requirements for all
tank systems until such
. time as secondary con-
tainment is provided
264.193(h)
264.193(1)
GENERAL OPERATING REQUIREMENTS
* H.w. or treatment rea-
gents not to be placed
in tank systems
1 Min. controls and
practices to prevent
spills and overflows
1 Requirements if a leak
or spill occurs in the
tank system
264.194(a)
264.194(0)
264. 194 (c)
INSPECTIONS
1 Schedules & procedure
for inspecting overfill
controls
1 Daily inspection
reouirements
lfo.nimum inspection
^rrequency for cathodic
protection systems
1 Documentation in .
operating record
264.195O)
264. 195 (b)
264.195(c)
264. 195 (d)
RESPONSE TO LEAKS OR SPILLS AND DISPOSITION OF LEAKING OR UNFIT - FOR - USE
1 Immediate removal (from
service) of leaking
or unf it-for-use tank
systems
1 Prevent flows of addi-
tional wastes
1 Removal of waste frcm
tank system or secondary
containment system
1 Containment of visible
releases to the
environment
1 Notifications/reports
1 Prov. of sec. contain-
1 Certification closure
^•eou i rente nts
264.196
264.196(a)
264. 196 (b)
264.196(c)
264. 196 (d)
264.196(e)
264.196(f)
July 14, 1986 - Page 4 of 10
-------
RCRA REVISION
REQUIREMENT I RCRA
Storage and '^artc sv«*— '---•• •
POLICY DIRECTIVE 19541.00--11
STATE AUTHORITY i IF DIFFERENT FROM FEDE?
REQUIREMENT, EXPLAIN
CLOSURE AND POST-CLOSURE CARE
1 General closure
reouirements
•*• specific requirements
when contaminated soils
cannot practicably be
removed or decontam-
inated; closure as a
landfill
1 Closure plans and
financial responsibility
requirements for tank
systems w/o secondary
containment that fall
under S264.193(b)-(f )
and are not exempt from
secondary containments
reouirements
264.197(a)
264.197(b)
264.197(c)
SPECIAL REQUIREMENTS FOR ISttTABLE OR REACTIVE WASTES
Ltd. placement of. I or R
wastes in tank svstems
Compliance w/mainte nance
of orotective distances
264.198(a)
264. 198 (b)
SPECIAL
FOR INCOMPATIBLE WASTES
• Ltd. placement of incciu.
wastes in tank svstems
- Use of tank system that
previously held inccm.
wastes
Remove paragraph
264.199(a)
264.199(b)
264.200
PART 265 - INTERIM STANDARDS FOR OWNERS AND OPERATORS
GENERAL VftSTE ANALYSIS
Methods for additional
waste a-nalvsis
265.13(b)(6)
GENERAL INSPECTION REQUIREMENTS
Inspection freouencv
265.15(b)(4)
OPERATING RECORD
Records & results of
analysis 6 trial tests
Monitoring, testing, of
analytical data
265.73(b)(3)
265.73(b)(6)
July 14, 1986 - Page 5 of 10
-------
RO& REVISION
REQUIREMENT
1ST:
Storage and Treatment
DIRECTIVE 19541.00-11
SATE A
FRCM F'EJDtWU.
fc APPLICABILITY
™Tar»c systans wnicn muse
conply w/landfill
requirements
i .*inancial responsibility
reouiresnents
26S.110(b)(2)
265.140(b)
SUBSET J - TANK SYST96
APPLICABILITY
- Tanks systems used for
s tori no 6 treatino h.w
i Axenptions fron secorr-
t darey contai merit
reouirenenes
265.190
k265.190(a)6(b)
ASSeSSMPfT OF QCIS7INC TANK SYSTSKS GR CTPCNTOS
l Written assessmtne
repuimnt
1 Min« assessnent
considerations
1 12 aos. deadline for^
materials which ijecmue
h.w. after 7/14/86"
fanK systems found to fie
eakirr or unfit for use
265.191(a)
265.191(b)
265.191(e)
265. 191 (d)
DSSIQ4 AND
Cf 'MEW 1XNX S^STSMS OR CCMPCNENTS
*i Info, to oe included in
t^e written assessment
i ^Mrf ^rK installation
procedures* inspection
reouirenenes
1 Backfilling requirements
far new underground tank
svstens
1 Tiehtness recuircnents
I Protection of
ancillarv eouianene
recuirenents
i Written statements and
• certification statements
H5.192(a>
2«5.192(b)
265.192(c)
265. 192 (d)
2SS.152fe)
2«5.152ff)
"»5. If 2(s>
•
JUly 14» L9M -
i of 10
-------
RCRA REVISION CHECKLIST:
FEDERAL
RCRft CITE
storage ana 'ireajunent, A.anK systems ^con cj
OSWER POLICY DIRECTIVE 19541.00-11
STATE AUTHORITY"
STATUTE KB5UUVHUJ
IF DIFFERENT FRCM FEDERAL
EXPLAIN
AND DETECTION OF
*I Applicability of
secondary containment
requirements
L. Minimum requirements for
secondary containment
systems
L Minimum specifications of
secondary containment
265.193 (a)
265.193(b)
265.193(e)
I Devices that secondary
containment for tanks
must include
265.193(d)
I Additional requirements
for liner and vault
systems, and doubled
walled tanks
265.193(e)
1 Ancillary equipment must
be provided with full
secondary containment
It
Exception to 265.193(f)
265.193(f)
265.193 (f)
t Variance
requ
s fo:
tirements
265.193(g)
T Procedures for requesting
a> variance
I Requirements for all'
tanks systems until such
time as secondary con-
tainment is provided
265.193(h)
265.193(i)
GENERAL OPERATING
I. ri..W>~ or treatment rea-
gents not to be placed
in tank system
I. Minimum controls and
practices to prevent
spills and overflows
L Requirements if a leak
or spill occurs in the
tank system
265.194(*)
265. 194 (b)
265.194(c)
INSPECTIONS
t Daily inspection
T*aqij \ y tgin»nt' q
I Minimum inspection
frequency for
cathodic protection
system
265. 195 (a)
265. 195 (b)
July 14.
10
-------
OSWER POLICY DIRECTIVE #9541.00-11
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE | REGULATION
IF DIFFERENT FRCM FEDERAL
REQUIREMENT, EXPLAIN
.INSPECTIONS (con't)
•pcumentation in
Operating record
265.195(c)
RESPONSE TO LEAKS OR SPILLS AND DISPOSITION OF LEAKING OR UNFIT-FOR-USE TANK SYSTEMS
1 Immediate removal ( f ran
, service) leaking or
unfit-for-use tank
systems
I- Prevent flow of addi-
- tional wastes
1 Removal of waste from
tank system or secondary
containment system
1 Containment of visible
releases to the
environment
1 Notifications/reports
1 Provision of secondary
containment, repair, or
closure
1 Certification of major
repairs
265.196
265.196(a)
265.196
-------
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
S'lATurc | REGULATION
IF DIFFERENT FROM FEDERAL
SPECIAL REQUIREMENTS FCR INCOMPATIBLE VASTES
J- Limited placement of
incompatible wastes in
tank systems
1 Use of tank system that
previously held incom-
patible wastes
265.199(3)
265.199(b)
'
W*STE ANALYSIS AND TRIAL TESTS
1 Waste analysis and
treatment or storage.
tests
1 Obtain written, docu-
mented information on
similar waste/opera ting
conditions
265.200(a)
265.200(b)
SPECIAL REQUIREMENTS FOR GENERATORS OF BETWEEN 100 AND 1000 KG/MO TWVT ACCUMULATE
HAZARDOUS VASTE IN TANKS
General applicability
reouirements
General operating
requirements for gene-
rators of between 100
and 1000 kg/mo of h.w.
Inspection requirements
Closures requirements
Special requirements for
I. or R wastes
Special requirements for
inconpatibie wastes
265.201(a)
265.201(b)
265.201(c)
265. 201 (d)
265.201(e)
265.201(f)
PART 270 - PERMITTING REQUIREMENTS
CUNTklNTS OF PART B: GENERAL REQUIREMENTS
General inspection
schedule
Copies of closure and
oast-closure plans
sHiClt'lC EfcKT B INFCFMAT1C
Written certified
assessment of each tank
syston
Dimensions and capo&ity
of each tank
270.14(b)(5)
270.14(b)
(13)
» REOUIREMENTS FCR TANK SYSTEMS
270.16(a)
270.16(b)
July 14, 1986 - Page 9 of 10
-------
atorage a no ireacmenc idrx oy seems icon c.i
OSWER POLICY DIRECTIVE #9541.00-11
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE | REGUIATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
SPECIFIC PART B INFORMATION REQUIREMENTS FCR TANK SYSTEMS (con't)
_Pescripton of feed
systems, safety cutoff
bypass systems, and
pressure controls
Diaaram of piping, in-
strumentation, and pro-
cess flow for each tank
systems
Description of external
corrosion protection
Description of new tank
installation
Plans and description of
secondary containment
systems
Information reouir*nents
for systems for which a
variance will be sought
Descriotion of controls
and practices to prevent
spills and overflows
Description of design
and operating for tank
systems handling
ignitible, reactive,
V inconnatible wastes
270. 16 (c)
270. 16 (d)
270.16(e)
270.16(f)
270.16(q)
270.16(h)
270.16(i)
270.16(1)
•<
CHANGES DURING INTERIM STATUS
Changes made solely to
comply with §265.193
not included under
this section
270.72{e>
July 14, 1986 - Page 10 of 10
-------
QSWER POLICY DIRECTIVE 19541.00-11
The following pages should replace pages 1 through 5
of Revision Checklist 31.
(Note: Changes were made only to page 1, but the addition
of the special note changed the page ends affecting
all five pages of the checklist.)
-------
OSWER POLICY DIRECTIVE #9541.00-11
RCRA REVISION CHECKLIST 31
Exports of Hazardous Waste
51 FR 28664 - 28686
August 8, 1986
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE | REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
SPECIAL NOTES: (1) States cannot assume the authority to receive "Notifications
of Intent to Export." In addition, States are not authorized to transmit such
information to foreign countries through the Department of State or to transmit
"Acknowledgments of Consent" (see page 28678 for further clarification). (2)
Hazardous waste, identified or listed by the State as part of its authorized
program which are broader in scope (not in the Federal universe), will not be
subject to the export regulations. (3) EPA moves the farmer exemption from 262.50
to 262.70 in this checklist. However, they fail to modify a number of other
sections in the CFR which refer to the farmer exemption by section. This is
subsequently corrected in Revision Checklist 48 (53 FR 27164, July 19, 1988).
States are encouraged to simultaneously modify their code to reflect both the
modification of the farmer exemption addressed by this checklist and the technical
corrections addressed in Checklist 48.
PART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
SUBPART A - GENERAL
SPECIAL REQUIREMENTS FOR HAZARDOUS WASTE GENERATED BY CONDITIONALLY EXEMPT
SMALL QUANTITY GENERATORS
U.S. location of
treatment or disposal
U.S. location of
treatment 'or disposal
261.5(f)(3)
261.5(g)(3)
REQUIREMENTS FOR RECYCLABLE MATERIALS
export of industrial
ethyl alcohol
26l.6(a)(3)(1)
.
PART 262 - STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE
SUBPART D - RECORDKEEPING AND REPORTING
BIENNIAL REPORT
applicable to U.S.
shipments
information on
U.S. sites
262.41(a)
262.41UK3)
August 8, 1986 - Page 1 of 5
-------
OSWER POLICY DIRECTIVE #9541.00-11
RCRA REVISION CHECKLIST 31: Exports of Hazardous Waste (continued)
FEDERAL REQUIREMENT
transporters used
for U.S. shipments
description and qty
of U.S. shipments
separate annual
report for exports
RCRA CITE
262.41(a)(4)
262.41(a)(5)
262. 4Kb)
STATE AUTHORITY
STATUTE REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
SUBPART E - EXPORTS OF HAZARDOUS WASTE
APPLICABILITY
establishes
applicability
262.50
DEFINITIONS
"consignee"
"EPA Acknowledgment
of Consent"
"primary exporter"
"receiving country"
"transit country"
262.51
262.51
262.51
262.51
262.51
GENERAL'REQUIREMENTS
notification
consent of
receiving country
EPA Acknowledgment
of Consent
conformation
to terms
262.52(a)
262.52(b)
262.52(c)
262.52(d)
NOTIFICATION OF INTENT TO EXPORT
contents of
notification
office to
notify
changes in original
notification
additional
information
262.53(a)
262.53(b)
262.53(c)
262.53(d)
August 8, 1986 - Page 2 of 5
-------
OSWER POLICY DIRECTIVE #9541.00-11
RCRA REVISION CHECKLIST 31: Exports of Hazardous Waste (continued)
FEDERAL REQUIREMENT
EPA notification
to receiving and
transit countries
EPA notification to
primary exporter
RCRA CITE
262.53(e)
262.53(f)
STATE AUTHORITY
STATUTE REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
SPECIAL MANIFEST REQUIREMENTS
consignee
alternate consignee
point of departure
item 16 of
manifest
obtaining manifest
acknowledgment of
receipt by consignee
procedures when
unable to deliver
copy of
Consent
manifest copy to
Customs Official
at Border
262.54(a)
262.54(b)
262.54(c)
262.54(d)
262.54(e)
262.54(f)
262.54(g)
262.54(h)
262.54(i)
-
EXCEPTION REPORTS
manifest within r
45 days I 262.55(a)
confirmation
within 90 days ; 262.55(b)
returned waste i 262.55(c)
ANNUAL REPORTS
contents
of f i ce
filed with
262.56(a)
262.56(b)
•
RECOREXEEP1HG
length to
keep records
retention period
extension
262.57(a)
262.57(b)
August 8, 1986 - Page 3 of 5
-------
OSWER POLICY DIRECTIVE #9541.00-11
RCRA REVISION CHECKLIST 31: Exports of Hazardous Waste (continued)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT. EXPLAIN
INTERNATIONAL AGREEMENTS
new section
reserved
262.58
SUBPART F - IMPORTS OF HAZARDOUS WASTE
IMPORTS OF HAZARDOUS WASTE
applicability
manifest
requirements
obtaining manifest
262.60(a)
262.60(b)
262.60(c)
4
SUBPART G - FARMERS
FARMERS
provisions for
variance
262.70
APPENDIX TO PART 262
UNIFORM HAZARDOUS WASTE MANIFEST AND INSTRUCTIONS
(EPA Forms 8700-22 and 8700-22A)
uniform manifest
i nstructi ons8700-22
APPEHDIX
PART 263 - TRANSPORTERS
SUBPART 8 - COMPLIANCE WITH THE MANIFEST SYSTEM AND RECORDKEEPING
THE MANIFEST SYSTEM
conditions for
accepting
exported waste
EPA Acknowledgment
of Consent
variance for
water transporters
263.20U)
263.20(c}
263.20(e)(2)
variance for
rail transporters i 263.20(f)(2)
August 8, 1986 - Page 4 of 5
-------
OSWER POLICY DIRECTIVE #9541.00-11
RCRA REVISION CHECKLIST 31: Exports of Hazardous Waste (continued)
FEDERAL REQUIREMENT
copy to generator
copy to Custom
official
RCRA CITE
263.20(g)(3)
263.20(g)(4)
STATE AUTHORITY
STATUTE | REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
August 8, 1986 - Page 5 of 5
-------
OSWER POLICY DIRECTIVE #9541.00-11
The following pages should replace pages 1 through 6
of Revision Checklist 34.
(Note: Changes were made to only page 1, but the addition
of the second note changed the page ends, such that
the first six pages were affected.)
-------
OSWER POLICY DIRECTIVE #9541.00-11
RCRA REVISION CHECKLIST 34
Land Disposal Restrictions
51 FR 40572-40654
November 7, 1986
as amended on June 4, 1987 52 FR 21010
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE
REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
NOTES: 1) The Administrator of EPA is responsible for granting national variances
for the effective date of land disposal prohibitions. The procedures for granting
the case-by-case extensions are in 40 CFR §268.5. Since the granting of these
variances is based on national concerns, States cannot be authorized for this
aspect of the program. States should also note that a number of paragraphs
addressed by this checklist are superceded by changes made in Revision Checklist
39 (The California List, July 8, 1987, 52 FR 25760). Additionally, the
delegability of certain paragraphs have changed in that checklist. Specifically,
268.6, 268.42(b), and 268.44 were made not delegable to the states. Thus, states
are not required to adopt these sections when applying for Revision Checklist 34.
2) Revision Checklist 50 (August 17, 1988, 53 FR 31138) amends certain sections of
code addressed by Revision Checklist 34, but does not affect the delegability
outlined in the previous note.
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"
260. l(a)
260.1(b)(l)
260.1(b)(2)
260.1(b)(3)
260.1(b)(4)
AVAILABILITY OF INFORMATION; CONFIDENTIALITY OF INFORMATION
insert
"and 268"
insert
"and 268"
260. 2(a)
260. 2(b)
USE OF NUMBER AND GENDER
insert
"and 268"
260.3
November 7, 1986 - Page 1 of 12
-------
QSWER POLICY DIRECTIVE #9541.00-11
RCRA REVISION CHECKLIST 34: Land Disposal Restrictions (continued)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE
REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT. EXPLAIN
SUBPART B - DEFINITIONS
DEFINITIONS
insert
"and 268"
260.10
SUBPART C - RULEMAKING PETITIONS
GENERAL
t insert.
"and 268"
260.20(a)
PART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
SUBPART A - GENERAL
PURPOSE AND SCOPE
i nsert
"268,"
insert
",268"
261. l(a)
261.1(a)(l)
EXCLUSIONS
i nsert
"268,"
remove "
insert "
SPECIAL
EXEMPT
insert
",268,"
insert
",268,"
insert
",268,"
insert
",268, '
insert
",268,"
i
i
i
267" i
268" i
REQUIREMENTS FOR
SMALL QUANTITY
i
i
i
i
i
i
i
i
261. 4(c)
261.4(d)(l)
HAZARDOUS WASTE GENERATED BY CONDIT]
GENERATORS
261. 5(b)
261. 5(c)
261. 5(e)
261.5(f)(2)
261.5(g)(2)
•\
ONALLY
REQUIREMENTS FOR RECYCLABLE MATERIALS
insert
"268."
261.6(a)(3)
November 7, 1986 - Page 2 of 12
-------
OSWER POLICY DIRECTIVE 19541.00-11
RCRA REVISION CHECKLIST 34: Land Disposal Restrictions (continued)
FEDERAL REQUIREMENT
insert
"268,"
RCRA CITE
STATE
STATUTE
261.6(c)(l)
AUTHORITY
REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
RESIDUES OF HAZARDOUS WASTE IN EMPTY CONTAINERS
insert
"268,"
insert
"268,"
261.7(a)(l)(ii)
26l.7(a)(2)(11)
SUBPART C = CHARACTERISTICS OF HAZARDOUS WASTE
GENERAL
insert
"268,"
261.20(b)
SUBPART D - LISTS OF HAZARDOUS WASTES
GENERAL
insert
"268,"
261.30(c)
PART 262 - STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE
SUBPART A - GENERAL
HAZARDOUS WASTE
reference to
exclusions/
restrictions
DETERMINATION!
1
I 262.11(d)
PART 263 - STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE
SUBPART A - GENERAL
TRANSFER FACILITY REQUIRQgKTS
insert
",268"
263.12
PART 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT
STORAGE AKD DISPOSAL FACILITIES
November 7, 1986 - Page 3 of 12
-------
OSWER POLICY DIRECTIVE #9541.00-11
RCRA REVISION CHECKLIST 34: Land Disposal Restrictions (continued)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE
REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
SUBPART A - GENERAL
PURPOSE, SCOPE AND APPLICABILITY
facilities to which
Part 264 applies
264. l(h) !
SUBPART B - GENERAL FACILITY STANDARDS
GENERAL WASTE ANALYSIS
insert
(1) "Part 268"
insert
"268.7"
exempted surface
impoundment plan
specifications
264.13(a)(l)
264.13(b)(6)
264.13(b)(7)
SUBPART E - MANIFEST SYSTEM, RECORDKEEPING, AND REPORTING
OPERATING RECORD
add "268.4(a)n
and "268.7"
land disposal units
under an extension or
petition and notice
by generator under
§268.7(a)(3)
off-site treatment
facility
on-site treatment
facility
off-site land
disposal facility
264.73(b)(3)
264.73Cb)(10)
264.73(b)(ll)
264.73(b)(12)
264.73(b)(13)
on-site land
(1) disposal facility
264.73(b)(14)
PART 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS
WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES
SUBPART A - GENERAL
PURPOSE, SCOPE. AND APPLICABILITY
(1) Also see technical correction to the rule at 52 FR 21010 (Jutw 4, 1987)
November 7, 1986 - Page 4 of 12
-------
OSWER POLICY DIRECTIVE #9541.00-11
RCRA REVISION CHECKLIST 34: Land Disposal Restrictions (continued)
FEDERAL REQUIREMENT
facilities to which
Part 265 applies
RCRA CITE
265. He)
STATE AUTHORITY
STATUTE i REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
SUBPART B - GENERAL FACILITY STANDARDS
GENERAL WASTE ANALYSIS
insert
"Part 268"
insert
"268.7"
exempt surface
impoundment plan
specifications
265.13(a)(l)
265.13(b)(6)
265.13(b)(7)
SUBPART E - MANIFEST SYSTEM, RE.CORDKEEPING, AND REPORTING
OPERATING RECORD
add "268. 4(a)"
and "268.7"
land disposal units
under an extension
or petition
off -site treatment
facility
on-site treatment
facility
off-site land
disposal facility
on-site land
disposal facility
265.73(b)(3)
265.73(b)(8)
265.73(b)(9)
265.73(b)(10)
265.73(b)(ll)
265.73(b)(12)
PART 268 - LAND DISPOSAL RESTRICTIONS
SUBPART A - GENERAL
PURPOSE, SCOPE, AND APPLICABILITY
purpose
applicability
t conditions for
continued land
disposal
268. l(a)
/
268. Kb)
268. l(c)
November 7, 1986 - Page 5 of 12
-------
RCRA REVISION CHECKLIST 34: Land Disposal Restrictions (continued)
FEDERAL REQUIREMENT
persons with
(1) an extension
persons with
(1) an exemption
CERCLA/corrective
(1) action
waste from small
quantity generators
<100 kg/mo as
(1) defined in 261.5
RCRA CITE
268.1(c)(l)
268.1(c)(2)
268.1(c)(3)
268.1(c)(4)
STATE AUTHORITY
f STATUTE REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT. EXPLAIN
DEFINITIONS APPLICABLE TO THIS PART
"hazardous
constituent or
constituents"
(1) "land disposal"
all other
terms
268. 2(a)
268. 2(a)
268. 2(b)
DILUTION PROHIBITED AS A SUBSTITUTE FOR TREATMENT
dilution not
substitute for
treatment
268.3
t TREATMENT SURFACE IMPOUNDMENT EXEMPTION
exempt treatment
(1) surface impoundments
treatment in
(1) impoundments
sampling, op«rating,
waste removal and
waste handling
procedures
. design requirements/
(1) exemptions
exempt under
264.221(d),(e) or
265.221(c),(d)
(1) meets §3005(J}(2)
satisfies §3005(J)(II,
(1) no migration
wri tten
(1) certification
268. 4(a)
268.4(a)(l)
268.4(a)(2)
268.4(a)(3)
268.4(a)(3)(i)
268.4(a)(3)(11)
268.4(a)(3)(111)
268.4(a)(4)
•
(1) Also see technical correction to the rule at 52 FR 21010 (June 4, 1987)
November 7, 1986 - Page 6 of 12
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OSWER POLICY DIRECTIVE #9541.00-11
The following page should replace page 1 of
Revision Checklist 39.
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QSWER POLICY DIRECTIVE #9541.00-11
RCRA REVISION CHECKLIST 39
California List Waste Restrictions
52 FR 25759-25792
July 8, 1987
as amended on October 27, 1987, 52 FR 41295-41296
(HSWA Cluster II)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE
REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT. EXPLAIN
NOTES: 1) The Agency is solely responsible for granting a national capacity
variance to the prohibition effective date under 268.32. The procedures for
granting case by case extensions are found in 268.5. Therefore, states cannot be
authorized for this aspect of the program. Similarly, variances under 268.42(b)
and 268.44 for waste-specific variances from a treatment standard are not
delegable to the states. (Note: 268.44 is not addressed by this checklist, but
is addressed by Revision Checklist 34. The Federal Register (November 4, 1986, FR
40572) addressed by Revision Checklist 34 implied that this section was delegable.
However, the preamble to this present checklist changed the delegability of this
section, so that it is not delegable.)
Under 268.6, EPA may grant petitions of specific duration to allow land disposal
of certain hazardous wastes provided certain criteria are met. States that have
the authority to impose land disposal prohibitions may ultimately be authorized
under RCRA Section 3006 to grant petitions for such exemptions. However, because
the Agency expects few such petitions, EPA is currently requiring that these
petitions be handled at EPA headquarters. (Note: This is a change from the
November 7, 1986, FR 40572 addressed by Revision Checklist 34.)
2) Revision Checklist 50 (August 17, 1988, 53 FR 31138) amends certain sections of
code addressed by Revision Checklist 39, but does not affect the delegability
outlined in the previous note.
PART 260 - HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL
SUBPART B - DEFINITIONS
REFERENCES
Parts 260
(1) through 270
260.11(a)
PART 262 - STAJBARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE
SUBPART G - FARMERS
FARMERS
(1) See anendment to rule at 52 FR 41295 (October 27, 19S7)
July 8, 1987 - Page 1 of 9
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The following page should replace page 1 of
Revision Checklist 46
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RCRA REVISION CHECKLIST 46
Technical corrections; Identification and Listing
of Hazardous Waste
53 FR 13382-13393
April 22, 1988
(non-HSWA Cluster III)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT. EXPLAIN
NOTE: This checklist makes technical corrections to the lists of coimiercial
chemical products that are hazardous wastes when discarded [40 CFR 261.33(e) and
(f)3 and to the list of hazardous constituents (Appendix VIII of~50 CFR Part 261).
Because these same lists are also addressed by Revision Checklist 29, states are
advised to follow this checklist rather than Checklist 29 when revising their
code, in order to avoid two separate revisions. The present checklist was placed
in non-HSWA Cluster III because the checklist it corrects is in this cluster.
Because this cluster is already closed, states should adopt these changes as soon
as possible.
PART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
SUBPART D - LISTS OF HAZARDOUS WASTES
DISCARDED COMMERCIAL CHEMICAL PRODUCTS, OFF-SPECIFICATION SPECIES,
CONTAINER RESIDUES. AND SPILL RESIDUES THEREOF
correct specific
listings
261.33.(e)
NO
P023
P002
POV
POM
P002
P003
POTO
P004
POOS
P006
P007
POM
P009
PUB
P099
POtO
P012
P011
POM
P012
POX
POM
P067
P013
P077
POJB
P042
P0*6
•Ot«
POO!
POTi
107-JO-O
ft«O-t»-7
&J-74-*
309-00-2
t 07- 16-6
'803-SS-6
7778-39-a
1327-S3-3
1303-7»-2
1303-2S-2
10J7-5LW
•S2-42-I
tSI-S6-«
7VSS-i
tOS->7-«
1OO-OI-4
51-4J-*
122-OV-l
1 11-41-2
100-M.7
7MO-X-7
tW-ll-2
347-47-3
April 22, 1988 - Page 1 of 12
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OSWER POLICY DIRECTIVE 19541.00-11
ATTACHMENT D
Revision Checklist Linkage Table
-------
Revision Checklist Linkages
Revision Linked
Checklist Number Checklists Topic or- Explanation
1 17D, 30 Biennial Report
2 Permit - Settlement Agreement1
3 10 Interim Status - Applicability
4 Chlorinated Aliphatic
Hydrocarbon Listing
5 170,32,58 National Uniform Manifest
Requirements
6 Permit - Settlement Agreement1
7 Warfarin & Zinc Phosphate
Listing
8 Lime Stabilized Pickle Liquor
Sludge
9 17C Household Waste Exclusion
10 3 Interim Status - Applicability
11 35 Corrections to Test Methods
Manual
12 Satellite Accumulation
13 37 Definition of Solid Waste
14 Dioxin Waste Listing and
Management Standards
15 Landfill Interim Status
16 25 Paint Filter Test
17A 23,42,47 Small Quantity Generators
17B Delisting
17C 9 Household Waste Exclusion
17D 1,5,30,32,58 Biennial Report /National
Uniform Manifest
17E Salt Domes, Salt Beds,
Underground Mines and Caves
Standards
17F — Liquids in Landfills
17G Dust Suppression
17H —— Double Liners
17I Ground-Water Monitoring
17 J Cement Kilns
17K Fuel Labeling
17L Corrective Action
17M Pre-construction Ban
Continued ....
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OSWER t^JLICY DIRECTIVE 19541.00-11
Revision Checklist Linkages (Cont'd)
Revision Linked
Checklist Number Checklists Topic or Explanation
17N Permit Life
170 Omnibus Provision
17P Interim Status
17Q Research and Development
Permits
17R 31,48 Hazardous Waste Exports
17S Exposure Information
18 TDI, TDA, & DNT Listing
19 Waste fuel/Used Oil Fuel
20 22 Spent Solvents Listing
21 EDB Waste Listing
22 20 Four Spent Solvents Listing
23 17A, 42,47 Small Quantity Generators
24 Financial Responsibility -
Settlement Agreement
25 16 Paint Filter Test
26 Spent Pickle Liquor Listing
27 43 Corporate Guarantee
28 52 Hazardous Waste Tank Systems
29 46 Listings - 261.33(e)&(f) and
Associated Appendices
30 1,17D Biennial Report
31 17R,48 Exports of Hazardous Waste
32 5,17D,58 National Uniform Hazardous
Waste Manifest
33 EDBC Listing
34 39,50 Land Disposal Restrictions
35 11 Corrections - Test Methods
Manual
36 Surface Impoundments:
Closure/Post Closure Care
37 13 Definition of Solid Waste
38 Part B Information
Requirements Amendment
39 34,50 Land Disposal Restrictions
40 List of Hazardous Constituents
for Ground-Water Monitoring
41 Container/Liner Residues
Continued ....
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rUbxGX DIRECTIVE #9541.00-11
Revision Checklist Linkages (Cont'd)
Revision Linked
Checklist Number Checklists Topic or Explanation
42 17A,23,47 Small Quantity Generators
43 27 Corporate Guarantee
44A — Permits/Corrective Action
44B Corrective Action Beyond
Facility Boundary
44C Corrective Action for
Injection Wells
440 54 Permit Modification
44E Permit as a Shield Provision
44F Permit Conditions/Health-
Environment
44G Post-Closure Permits
45 Miscellaneous Units
* 46 29 Listings 261.33(e),(f) and
Associated Appendices
47 17A,23,42 Small Quantity Generators
48 17R,31 Hazardous Waste Exports
49 Sample Exemption
50 34,39 Land Disposal Restrictions
51 —— Liability Coverage
52 28 Hazardous Waste Tank Systems
* 53 Smelting Waste Listing
54 44D Permit Modification
55 Ground-Water Monitoring
Statistical Methods
* 56 —- Iron Dextran Listing Removal
* 57 -— Strontium Sulfide Listing
Removal
58 5,17D,32 National Uniform Manifest
* These are checklists affecting the lists of hazardous waste in
261, Subpart D.
1While Revision Checklists 2 and 6 address similar topics,
they affect different sections of code.
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