United States
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
EPA
DIRECTIVE NUMBER: 9541.00-12
TITLE: State Programs Advisory Number Seven
(Memo to Regional Division Directors (I-X)
APPROVAL DATE: September 10, 1990
EFFECTIVE DATE: September 10, 1990
ORIGINATING OFFICE: Office of Solid Waste
X FINAL
DRAFT
STATUS:
D A • Pending OMB Approval
D B - Pending AA-OSWER Approval
REFERENCE (Other Documents):
OSWER OSWER OSWER OSWER
DIRECTIVE DIRECTIVE DIRECTIVE
-------
nite tates nvironment*! rotection Agency
Washington. DC 20460
OSWER Directive Initiation Request
1. Directive Number
9541.00-12
2. Originator Information
Nam* of Contact Ptnen
Susan Brugler Jones
Mail Code
OS-342
Office
PSPD/SPB
Telephone Code
202-475-9857
3. Title
State Programs Advisory (SPA) Number 7
4. Summary of Directive (include brief statement of purpose)
The State Programs Branch (SPB) issues State Program Advisories (SPAs) to
update the State Consolidated RCRA Authorization Manual (SCRAM) as new RCRA
policies, regulation and self-implementing statutory provisions come into
effect*, The SCRAM assists States in completing RCRA authorization applications.
5. Keywords
State Program, State Authorization, State/EPA Coordination
54. Does i ms Directive Supersede Previous uirective(s)?
b. Does It Supplement Previous Oirecttve(s)?
SCRAM (1988) and SAM (1990)
X NO
Yes What directive (number, title)
No
X Yes What directive (number, title)
1—' 9540.00-9 and 9540.00-9A
7. Draft Level
A - Signed by AA/DAA
X B - Signed by Office Director
C - For Review & Comment
0 - In Development
8. Document to be distributed to States by Headquarters?
X
Yes
No
This Request Meets OSWER Directive* System Format Standards.
9. Signature of Lead Office Directives Coordinator
10. Name and Title ol Approving Official
Sylvia K. Lowrance, Director, Office of Solid Waste
Date
Date
9/10/90
EPA Form 1315-17 (Rev. $-17) Previous editions are obsolete.
OSWER OSWER OSWER O
VE DIRECTIVE DIRECTIVE DIRECTIVE
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON. D.C. 20460
.... ,->.--• -BS|CE -;
,,J..- ' U ;T-- . 3C--C: A -S~: -.so E VE «G£\Cy P
OSWER DIRECTIVE 9541.00-12
MEMORANDUM
SUBJECT: State Programs Advisory Number Seven
FROM: Sylvia K. Lowrance, DirectjpA WJt
Office of Solid Waste \^r*\ X ^ -- v
TO: Regional Division Directors, Region 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 policies,
regulations, and self -implementing statutory provisions come into
effect.
The intent of this memo is to send you SPA #7 which covers
RCRA program changes for the period January 1, 1989 through
June 30, 1989. Included in the SPA are five new revision
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
"Second Third1* wastes is included in this SPA. This checklist
may be subject to change in the future, pending SPB's examination
of the relation of 40 CFR Part 148 Hazardous Waste Injection
Restrictions to RCRA State authorization.
If you have questions about any of these materials, please
contact Alex Wolfe, Chl£f , Implementation Section, State Programs
Branch at FTS 382-2210.
Attachments
cc: Dev Barnes, OSW
Suzanne Rudzinski, OSW
Tina Kaneen, OGC
Branch Chiefs, Regions I-X
Section Chiefs, Regions I-X .
State P-.wgrams Liaisons
friiutd a* RtcycUd faftr
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OSWER DIRECTIVE #9541.00-
Sunmary for State Programs Advisory Seven
The following points briefly highlight the content of SPA 7.
These points are organized by topic.
Checklists
a. New
This SPA provides five new revision checklists (Numbers
59 through 63), covering RCRA regulatory changes for
the period January 1, 1989 through June 30, 1989.
Revision Checklists 59, 60 and 61 were added to
non-HSWA Cluster V and Revision Checklists 62 and 63
are added to HSWA Cluster II.
Note that Revision Checklist 63 regarding the "Second
Third" Land Disposal Restrictions (LOR) may be subject
to change in the future. The State Programs Branch is
currently examining the relationship of State \\ .
authorization to 40 CFR Part 148 Hazardous Waste
Injection Restrictions requirements promulgated in the
* "Second Third'1 LDR rule, (54 IB 26594) . Revision
* Checklist 63 currently does not contain any changes
made to 40 CFR Part 148.
An update to Revision Checklist 17B was included in
this SPA to incorporate changes made by 54 FR 27114,
June 27, 1989. States already authorized for Checklist
17B are not required to adopt the updated checklist.
However, States not presently authorized for Checklist
17B which plan to seek authorization for it will need
to complete the updated version of this checklist.
b. Existing
The final version of Revision Checklist 58 dealing with
manifest renewal is included in this SPA. A draft
version of tteis checklist was issued in SPA 6.
Checklist 58 has been designated as optional because of
recent decisions made by OMB concerning the burden
statement.
Revision Checklist 51 on liability coverage is still
not available because of continuing litigation issues
regarding certain aspects of the rule.
SPA 7 provides revised .first pages for Checklists 45,
46, 47 and 48. In Check-list 45, a note has been added
explaining the relationship of. Revision Checklist 59 to
this checiclist. For Revision Checklists 46, 47 and 48,
the cluster designation in the title has been changed
to reflect the fact that these checklists have been
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OSWER DIRECTIVE 49541.00-L2
placed in the cluster in which they chronologically
belong. The nates at the beginning of these checklists
have also been revised.
Cluster Information
SCRAM
SPA 7 delineates time frames by which States must
obtain authorization for non-HSWA Cluster V and HSWA
Cluster II and closes non-HSWA Cluster V. HSWA Cluster
II closed June 30, 1990. (For further information on
authorization clusters, see 51 FR 33712,
September 26, 1986.)
This SPA places Revision Checklists 46, 47 and 48 in
the cluster in which they chronologically belong. (See
the attached revised Table A-l.) Previously these
checklists, which address technical corrections only,
were placed in the cluster of the checklist they
corrected. These checklists were reassigned to avoid
confusion concerning the previous placement.
This SPA introduces a new checklist format that will be
used in the revised SCRAM.
The SPA provides a new Table A-l (pages A-2a through A-
2i), a new Model Attorney General's Statement (pages
3.3-4 through 3.3-26), and an updated Checklist Linkage
Table. These will also be included in the revised
SCRAM.
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OSWER DIRECTIVE »9541.gTT-12
STATE PROGRAM ADVISORY Wl
A. STATE PROGRAM CHANGES FOR JANUARY 1. 1989 - JUNE 30, 1989
1. Hazardous Waste Miscellaneous Units; Standards Applicable to Owners and
Operator?
Date: January 9, 1989 Reference: 54 FR 615-617
Effective: January 9, 1989
Summary: This correction amends a final rale promulgated December 10, 1987 (52 FR
46946. Revision Checklist 45) that established standards (Subpart X) applicable to owners
and operators of miscellaneous hazardous waste management units that are not covered by
the other permitting regulations in Subparts I-O of Part 264. An error resulted in an
inadvertent reference that is corrected by this checklist An inadvertently omitted reference
is also added by this checklist. This Federal Register also clarifies the language in the \ \
preamble to the December 10, 1987 rule. Note that a June 22, 1989 (54 FR 26198) final
rule also amended the preamble of this December 10, 1987 rale. Because this was die
only change made by this final rule, a checklist was not developed for it, nor was it
incorporated into the checklist (Revision Checklist 59) that is die subject of this summary.
State Authorization: This is a non-HSWA rale and is included .in non-HSWA Ouster V.
Because this rule is a technical correction to Revision Checklist 45, States are encouraged
to adopt these technical corrections when Revision Checklist 45's provisions are adopted.
If this checklist has already been adopted. States should adopt these technical corrections as
soon as possible. The State modification A**m** j* July i, 1990. Only final
audiorization is available. The State revision application must include a revised program
description, an AC statement addendum. •**»**«** to MOA (if appropriate). Revision
Checklist 59, and associated State regulations.
SCRAM Update: Updates to Tahk A-l of Appendix A and to me Model Attorney
General's Statement are necessary to reflect die addition of ****? *•**•**!«!•* These are
addressed in Section B of this SPA.
Date: January 30, 1989 Reference: 54 £R 42864288
Effective: March 1. 1989
Summary: This rule clarifies die requirements of 2?0.62(d) which describe procedures for
permitting existinf hazardous waste incineration feeilities. Specifically, it is made dear
that existinf facilities most either (1) conduct a tritl bora and submit die results prior to
permit issuance; or (2) submit other information as specified in 270.19(a) or (c) before a
1
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OSWER DIRECTIVE *9541.00-12
permit can be written for that facility: A trial burn plan is not sufficient for the issuance
of a permit Permit conditions must be established using the trial bum results.
State Authorization: This is a non-HSWA rule and is included in non-HSWA Ouster V.
The State modification deadline is July 1, 1990. Only final authorisation is available.
Because EPA is only clarifying current regulatory language, the Agency assumes that these
requirements are in effect in most States. Consequently, a State's revision application may
consist of a certification by the State Attorney General that he/she interprets his/her State's
existing regulations in the manner described in this rule. Otherwise, the State's regulations
must be amended to reflect the clarification set forth in this rule, and the State revision
application must include a revised program description, an AG statement addendum,
addendum to MOA (if appropriate). Revision Checklist 60, 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. Changes to Interim Status Facilities for Hazardous Waste Management:
Modifications of Hj|yi>rdous Waste Management Permits; Procedures for Post-closure
Permitting
Date: March 7, 1989 Reference: 54 PR 9596-9609
Effective: March 7, 1989
Summary: This rule amends the hazardous waste regulations governing changes at interim
status and permitted facilities, including redesignation of certain pennit modifications as
Class I. This rule also amends the hazardous waste p*m"**"*g regulations to clarify the
EPA's authority to deny permits for the active life of a facility while the permit decision
regarding the post-closure period remains pending. Section 270.72 is reorganized by this
rule and a technical error created by a July 8, 1987 rale (52 PR 25760) has been corrected.
This rule also lifts the "reconstruction limit" for four specific conditions.
Authorized Stales are not required to modify their programs to reflect the changes detailed
in this role hfrjroff the changes are less stringent than the yftiffinf Federal requirements.
State Authorization. This is a non-HSWA rule and is included in non-HSWA Ouster V.
The State modification deadline is July 1, 1990. Only final authorization is available.
While this i« a apn-HSWA rale, portions may be necessary to effectively implement
HSWA. Example* include changes in interim status needed to comply with a Section
3008(h) corrective action or to comply with the minimum technology requirements of
HSWA Section 3004
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OSWER DIRECTIVE *9541'.GC
The State revision application must include a revised program description, an AC statemenf
addendum, ^^^^tnm to MOA (if appropriate), Revision Checklist 61, 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
4. Land Disposal Restriction Amendments to First Third Scheduled Wastes
Date: May 2, 1989 Reference: 54 FR 18836-38
Effective: May 2, 1989
Summary: When EPA promulgated the First Third Scheduled Waste Restrictions (53 FR
31138, August 17, 1988, Revision Checklist 50), a treatment standard of "no land disposal"
was established for a number of wastes. These standards were premised on the wastes no
longer being generated, being treatable or recyclable without leaving a residue, or nor
possessing a particular property (e.g., reactivity) at the time of disposal. After
promulgation of this rule, EPA was informed that although these wastes are not currently
being generated by manufacturing processes, they may be generated from the historic Vv •
management of these wastes (e.g., landfills containing these wastes can generate nonwaste-
water (residue from treating a leachate) forms of these wastes). As a result, EPA has
decided' to amend die "First Third" final rule so that die "no land disposal" standard does
not apply to nonwastewater forms of these wastes that either were disposed before the
August 17, 1988 final rule or that are generated in die course of treated wastewater forms
of the waste. As such, section 268.43 is amended to qualify the "no land disposal"
treatment standards to make it clear that these standards apply only to nonwastewaters
generated by die process described in the waste listing description contained in 261.31 and
261.32 and disposed after August 17, 1988. This rale also amends the schedule in 40 CFR
268.12 to indicate diat non-wastewater forms of diese wastes diat are derived from
historically managed waste residues, and residues from treating wastewater forms of these
wastes, win not be prohibited from land disposal until May 8, 1990.
State Authorization: This is an HSWA rule and is included in HSWA Cluster 0. The
State modification *<*««fltm» & jtfj i, 1991. Both interim and final authorization are
available. The State revision application most include t revised piogram description, an
AC statement addendum, an adrJhvhtm to the MOA (if appropriate), Revision Checklist 62,
and associated State regulations.
SCRAM Update Updates to Table A-l of Appendix A and to the Model Attorney
General's Statement an necessary to reflect the addition of this checklist
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DSWER DIRECTIVE #9541.00-1.
5. \ *nA Disposal Restrictions for Second Third Scheduled Wastes
Date: June 23. 1989 Reference: 54 FR 26594-26652
Effective Date: June 8, 1989
except for EPA Hazardous
Waste F006 - cyanide
(nonwastewater) which is
effective July 9, 1989
Summary: This rule promulgates specific treatment standards and prohibition effective
dates for certain Second Third wastes, and imposes the "soft hammer" provisions of 40
CFR 268.8 on Second Third wastes for which the Agency is not establishing treatment
standards. This rule also promulgates treatment standards for certain First Third "soft
hammer" wastes, as well as for certain wastes originally contained in the Third Third of
the schedule. Wastes for which treatment standards are being promulgated can be land
disposed after the applicable effective dates only if the respective treatment standards are
met, or if disposal occurs in units that satisfy the "no migration" standard. Note this rule's
revision checklist (No. 63) included in this SPA may be subject to change in the future. -M..
The State Programs Branch (SPB) is currently discussing the relationship of hazardous •'. '
waste injection issues to the State authorization program. In question with regard to this
checklisyu-e the changes made to 40 CFR Pan 148 by this final rule. As such, these
changes were not included in the Revision Checklist 63 contained in this SPA.
State Authorization: This is a HSWA rule and is included in HSWA Ouster n. 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 63, and
associated State regulations.
SCRAM Update: Update* 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 are
addressed in Section B of mis SPA.
6. Hazardous Waste M"^y*»y*tt System; Requirements of Rute*"«J""H
Date: June 27, 1919 Reference: 54 FR 27114
Effective: June 27. 1989
Summary: The Hazardous and Solid Waste Amendments (HSWA) of 1984 established
additional and more specific criteria, for evaluating petitions submhtrd under 40 £E&
260.20 and 250.22 to delist specific wastes from the 261 Subpart O list of waste*, tnar
those originally established by RCRA. EPA incorporated these new HSWA criteria into its
delisting rules by adding « new paragraph to 40 ££& 26U22(t)N (c) (d) and (e). (Sea 50
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OSWER DIRECTIVE
FR 28702, July 15, 1985.) Inadvertently, 40 CFR 260.22(b) was not revised to ensure that
the entire delisting program was consistent with HSWA. This present rule makes the
requisite revisions to 40 CFR 260.22(b).
Because the purpose of this rule is to eliminate potential confusion as to existing regulatory
requirements that were established in this July 15, 1985 rule, this rule does not affect
authorization status with regard to delisting. States currently authorized for delisting have
already been required to provide the minimum Federal statutory level of protection to be
authorized. As such, the changes made by this rule have been made to Revision Checklist
17 B so that only those States which are not authorized for the original changes to
delisting will have to incorporate the changes resulting from this present rule. A modified
Revision Checklist 17 B has been included in this SPA to replace the old Revision
Checklist 17 B in the SCRAM. Modifications to the Model Attorney General's Statement
and to the Table A-l were made to acknowledge the effect of this final rule. States
should note that when Revision Checklist 17 B is submitted, documentation also needs to
be submitted regarding the State's other delisting standards not covered by this checklist.
The new SCRAM will contain a Consolidated Base Program Checklist addressing Part 260
requirements, and may be helpful to the State in preparing this documentation. The
delisting program is addressed by 40 CFR 260.20 and 260.22.
B. REVISIONS TO SCRAM
The addition of five new checklists and the clarification at 54 FR 27114 (June 17, 1989)
necessitate 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 pans in
the most recent SCRAM.
• The revised Table A-l should replace pages 2-2a through A-2j of the SCRAM.
Table A-l was revised by: 1) adding Revision Checklists 59, 60 and 61 to non-
HSWA Ouster V, 2) adding Revision Checklists 62 and 63 to HSWA Ouster H.
and 3) switching Revision Checklist 46 from non-HSWA Ouster HI to non-HSWA
Ouster IV and Revision Checklists 47 and 43 from HSWA Ouster I to HSWA
Ouster IL Non-HSWA Ouster V doses with the addition of Checklists 59, 60 and
61. HSWA Ouster H dosed on June 30, 1990. An entry regarding the relationship
between Revision Checklist 17 B and the clarification at 54 Fg 27114 (June 27,
1989) was made at me end of non-HSWA Ouster H.
• The rarind Model Attorney General's Statement should replace pages 3.3-4 through
3.3-26 of the SCRAM. Sections I C XVI O AND XXI C were revised, and
Sections XVI Q through U and XXI DAE were added to incorporate the final
rules that occurred from January 1, 1989, through June 30, 1989.
Attachment C contains the replacement pages for Revision Checklists 46, 47 and 48,
reflecting die fact that these checklists have been- switched to the duster in which they
chronologically belong. Replacement pages are also included for Revision ChfHrltor 45
because this checklist's note was revised. %
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OSWER DIRECTIVE 4954L.OO-L
C. INFORMATION REGARDING REVISION CHECKLISTS 51 AND 58
A settlement agreement has been reached for the litigation surrounding Revision Checklist
51's final rule (Liability Coverage: 53 FR 33938. September I. 1988). Pursuant to this
agreement. EPA will amend this rule in the near future. States are strongly encouraged not
to adopt the requirements addressed by the September 1. 1988. rule until these amendments
are promulgated. For additional information, please contact Ed Coe of the Permits Branch
(202-382-6259).
The version of Revision Checklist 58 included in SPA 6 is a draft version of this checklist,
and should be treated as such. The final version of Revision Checklist 58 is included in
this SPA in Attachment A. This checklist was made optional due to OMB's decision that
printers and users need not include the "burden disclosure statement" on the manifest if to
do so places an additional burden on them. OMB encourages States that have already
incorporated this statement to retain it and encourages those who have not yet incorporated
it to add it at a future date. However, the decision regarding whether or not to add the
statement is entirely up to the State using the manifest form. A memorandum regarding
OMB's decision is included with the checklist. \. -
D. -REVISION CHECKLIST LINKAGE TABLE
A revised Revision Checklist Linkage Table is included in Attachment D. incorporating the
five new checklists introduced by this SPA. This table's purpose is to clearly show which
revision checklists are linked in that they affect similar sections of code. 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 Programs Branch.
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ATTACHMENT A
New Revision Checklists
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OSWER DIRECTIVE *9541.00-1
RCRA REVISION CHECKUST 59
Hazardous Waste Miscellaneous Units;
Standards Applicable to Owners and Operators
54 FR 615-617
January 9, 1989
(non-HSWA Cluster V)
Note: This is a correction and clarification of 52 FR 46946 (December 10, 1987) addressed by
Revision Checklist 45. States are encouraged to adopt these corrections at the same time that
the requirements for Revision Checklist 45 are adopted.
A June 22, 1989 (54 PR 26198) final rule amended the preamble of the December 10, 1987 rule
addressed by Revision Checklist 45. Because this was the only change made by this final rule, a
checklist was not developed for it, nor was it incorporated into this present checklist.
FEDERAL PgQUtRgMEKT
PgDCHAL BCRA CITATION
ANALOGOUS
STATE CfTATMN
PART 270 - EPA ADMINISTERED PERMIT PROGRAMS: THE
HAZARDOUS WASTE PERMIT PROGRAM
SUBPART B - PERMIT APPLICATION
CONTENTS OF PART B: GENERAL REQUIREMENTS
change '264.194' to
•264.193(1)'; add
•264.195-
add reference to
264.197
270.14
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OSWER DIRECTIVE
inn
RCRA REVISION CHECKLIST 60
Amendment to Requirements for Hazardous Waste
Incinerator Permits
54 FR 4286-4288
January 30, 1989
(non-HSWA Cluster V)
In (leu of making the changes addressed by this checklist a State may submit a certification by =
the State Attorney General that he/she interprets his/her State's existing regulations in the manner
described in this rule. Such a simplified appfcatfon is allowed because EPA is only clarifying
current regulatory language, and the Agency assumes that these requirements are already in
effect in most States. If a State Attorney General cannot certify that he/she interprets his/her
State's existing regulations in the manner described In this rule, the State's regulations must be
amended to reflect this, clarification.
FEDERAL RgOUfAfMENT
FIDCRAL RCRA OTATKJW
ANALOGOUS
STATt CITATION
eour
AUNT
PART 270 - EPA ADMINISTERED PERMIT PROGRAMS: THE
HAZARDOUS WASTE PERMIT PROGRAM
SUBPART F - SPECIAL FORMS OF PERMITS
HAZARDOUS WASTE INCINERATOR PERMITS
January 30, 1989 - Pag* 1 of 2
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OSWER DIRECTIVE ?954L.00 - 1
RCRA REVISION CHECKLIST 60: Amendment to Requirements for Hazardous
Waste Incinerator • Penults (cont'd)
FEDERAL REQUIREMENT
after 'permit." replace
*to' with 'for"; atter
'Incinerate,' replace
'may5 with "must";
after 'in accordance
with,* insert
•§270.19(b) and";
before "(9)" insert
"(b)'; after
'section,' add clause
regarding information
in §270.19(c) and a
sentence regarding
exemption from
§264.343 and 264.345;
after 'trial bum
results' add sentence
regarding submission
of trail bum
results prior to permit
issuance; In last
sentence replace "If"
with "when"; change
requirements so that
the director specifies
a time period prior to
permit issuance In
which the trtaJ bum
must be submitted
FEDERAL RCRA CITATION
»_
270.62(01
ANALOGOUS
STATE CITATKX
cCJUiV'
AL6MT
STATE AMALM 15.
STRiNGENT
\
__.
BHOAOCH
IN SCOPE
-•
^. .- =• -- ^
January 30. 1989 • P«o« 2 of 2
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ATTACHMENT B
Updated Portions of SCRAM
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OSWER DIRECTIVE 49541.00-12
RCRA REVISION CHECKLIST 61
Changes to Interim Status Faculties for
Hazardous Waste Management Permits; Procedures
for Post-Closure Permitting
54 FR 9596-9609-- ~ "
March 7, 1989
(Non-HSWA Cluster V)
Note: This rule does not impose a requirement or prohibition pursuant to HSWA. However,
portions of the Federal requirements may be necessary to implement HSWA. These necessary
rules will be Immediately effective and administered by EPA in all States pursuant to RCRA
Section 3006(g). For example, use of a Class I modification to add waste codes and/or narrative
descriptions of treatment residues to RCRA permits may be necessary in appropriate situations to
effectively implement the treatment requirements and prohibitions of the HSWA land disposal
restrictions program. Other examples involve a change in interim status needed to comply with an
EPA-issued Section 3008(h) corrective action order to comply with the minimum technology
requirements of HSWA Section 3004(b).
FEDERAL REQUIREMENT
FEP6RAI RCRA CITATION
ANAl
STATB CfTATtOM
PART 124 - PROCEDURES FOR DECISIONMAKINQ
SUBPART A - GENERAL PROGRAM REQUIREMENTS
t PURPOSE AND SCOP
add sentence to end
on denial of a
permit under 270.29
124,1 fa)
ISSUANCE AND EFFEI
add parenthetical
clause on denial
of permit under 270.29
add parenthetical
clause on dental
of oermft undar 270.29
mvE DATE OF PERMfT
124.1 5fa)
**
124.15ft)
APPEAL OF RCRA. UK
add parenthetic*
clause on denial
of Dam* under 270.29
3. AND PSD PERMITS
f24.19fa>
PART 270 • EPA-ADMINISTERED PERMIT PROGRAMS:
THE HAZARDOUS WASTE PERMIT PROGRAM
March 7, 1989 - Pag* 1 of 7
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OSWER DIRECTIVE #9541.00-12
RCRA REVISION CHECKLIST 61: Changes to Interim Status Fadfttes
for Hazardous Waste Management Permits; Procedures for
Post-Closure Permitting (conf d)
FEDERAL REQUIREMENT
PEOERAt RCRA CITATIOM
ANALOOOU9
STATg CTTATTON
ANAIOO IS
SUBPART A - GENERAL INFORMATION
t
PURPOSE AND-SCOP
add sentence to end
on effect of permit
denial on post-closure
permit requirements
E OF THESE REGULATIONS
270. Uc)
SUBPART B - PERMIT APPLICATION
t GENERAL REOUIREM
add sentence to end-
Director may deny a
permit ty active* Bfe
without a complete
Dermft aooffcatfon
t PERMIT DENIAL
director denial of entire
permit appfcatfon or
active Bfe of hazardous
waste facility or untt
ENTS
270. 10(c)
270.29
.
SUBPART 0 - CHANGES TO PERMIT
PERMIT MODIFICATION AT THE
make the Bated
change* aa
shown below
270.4%,
Aooenot
REQUEST OF THE PERMITTEE
1 1
Amend tteme MM* F(1)(bK F(3). <3(1)(«)» Q(1)(b). (Q)(5)(a) and Q(5)(b); add Items F(1)(c),
). F(4)(bJt 0<1X«), CK5)(c), Q(5)(d), H(5)(c), H(5)(d). J(e)(c) A J(6)(d) as It shown below.
i.
March 7. 1969 - Page 2 of 7
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OSWER DIRECTIVE $9541.00-12 '
RCRA REVISION CHECKUST 61: Changes to Interim Status FadBtfes
for Hazardous Waste Management Permits; Procedures for
Post-Ctosure Permitting (cont'd)
PEOERAi.
CITATION
4MALCSCU3
STAT6 CfTATION
STAT1 AWAibo /S:
AlgNT | STPtNQgMT
BHOAUtH
IN SCOPS
Cfeaa
1 Storcg* of *ff»r»m
4. Sioraqo of faianant of Oiffarrti want*
)
j. a. That do not r*owra IT* afldnon of
or •
or
and 0rov««o; mat n* urau «**•
*a»t»» of IT*
•••.•rt. TN» ntoorilCMon « not 4»
o<-c»C<« to *n»irk
021. 022, 023. 028. 027. «nd
OMI
of lar*
25*
inmtaofirtI** can*
G(ika\ artf OUNd Mi
wyft»
Mat'
• •rin
•t •(•
Of t»
Ott,
I * • '
a, n«
or Hfifunai dMaram lar*
«eaa§ tarn nat «wtPcr-
ojad vt Ao oarffl^ acoapt aa pio^n^
•d in fGXSXct B«ov
D* Thai 09 fvt fvojuw adCNnnaf or
tarn
*» 0rot*cooM
proMMd *» (CXtXO
k) moot aarwor af of ff«
to b* VMIM » MMfy (to «no»» or
n earn vw itanoara of "t*a of
Marcn 7. 1989 • Page 3 of 7
-------
OSWER DIRECTIVE #9541.00-12
RCRA REVISION CHECKLIST 61: Changes to Interim Status Fadffttes
for Hazardous Waste Management Permits; Procedures for
Post-Ctosure Permitting (cont'd)
PEQgBAt
flea*
ANAIOOOU8
STATE CfTATlOM
4- That arr
VIM tfiaom occur* n • UM
(R)2a 021. 022. 029. 020. 027.
02T.
A That
iqanmm mtmo n
TNt
10
021. 02Z 023. 02*.
IMI
or nonarweM.
aecw* M •
A ' *
0. *
e. Th«i •«•
i«n
CM
fyp*(tar
H&t) 10
(fOX. 021.
**ndMi or out
999 VIM JAM0V V^s)
SUBPART Q - INTERIM STATUS
t CHANGES DURING INTERIM STATUS
add introductory
paragiapn aoaressing
changes during interim
status
redesJgnate former
270.72(a) at
270.72(a)(1); reword
and Include worttng
on newly Istedor
Idenllfled tMsjsjs
regarding urMsutao to
handle such Qflaei
redesJgnate former
270.72(b) as
270.72(a)(2); slghtfy
reword am* ft?«M"llt
redesigns** thie portion
of former 270.72(b)
regaruing lack of
capadty and reword
sJtahtfv
270.72fa)
**
270.72ta)m
270 72fa)^2)
270.72fa)f2)(D
March 7. 1989 • Page 4 of 7
-------
OSWER DIRECTIVE if954 1.00-12
RCRA REVISION CHECKLIST 61: Changes to Interim Status Facilities
for Hazardous Waste Management Permits; Procedures for
Post-Closure Permitting (confd)
FEDERAL REQUIREMENT
add subsection regard-
ing compliance with
Federal, State, or local
reouirements
redesignate former
270.72(c) as
270.72(a)(3); remove
"may be made at a
facility" after
"hazardous waste"
redesignate former
270.72(c)(1) as
270.72(a)(3)(l); replace
"it Is" with "the
chance."
redesignate former
270.72tc~)(2) as
270.72(a)(3)(Ii);
replace "It is' with
The change'; remove
parenthetical statement
and 'regulations';
replace "local laws"
wfth "local
requirement"
redesignate former
270.72(d) at
270.72(a)(4); remove
"may be made" after
facility"; remove
'ownership or* before
add new sactton
allowing] chanoaa fnada
In fi« I'l'yrfafw^ ^dVt A
HI awwwiwaiiw **••• •
corrective action ordar
or a court order
limited to the TS or 0
of releases originating
within fadlty's
FEDCRM RCRA crrA-ncw
270.72(a)(2)n»
270.72fa)(3)
270.72fa)(3)rt)
270.72(a)(3)nn
270L72T«W4>
270.72r«M5>
ANALOGOUS
STATE crfATiON
f
ALEMT
Ur AFC ANALOG IS:
STBfNQCMT
\
S^CACEn
IN SCOPE
;
March 7, 1989 - Pag* 5 of 7
-------
OSWER DIRECTIVE #9541.00-12
RCRA REVISION CHECKUST 61: Changes to Interim Status FadWes
for Hazardous Waste Management Permits; Procedures for
Post-Closure Permitting (cont'd)
FEDERAL BeOUlBEMfNT
redesignate former
270.72(9) as
270.72{b); revise first
sentence; replace -last-
sentence with list of
changes that can be
made if they amount to
reconstruction:
changes solely to
corner/ with 265.193
changes necessary to
satisfy standards of
3004(o) because of
Federal, State or local
requirements
chang* j necessary to
allow continuing treat-
ment of newly listed
or identified wastes
TSO'd prior to rule's
effective date
changes during closure
in accordance wrth
aooroved closure oian
changes necessary to
comply wttfi Interim
siams co*recuve action
order or court order;
changes Imrted to
TS or 0 of wast*
originated wftNn
boundary of fadKv
changes to treat or
store, in tanks ot
containers, wastM
subject to 268 or RCRA
Section 3004 dtopoeaJ
restriction. If solely
made- for comptance
with these reoufrements
redesignate and revise
as 270 72faM3)
nedeaignate and mvfss>
aa 270.72fa)<4)
redesignate and revise
aa 270 72ft>)
FlOeHAl RCRA CrTAITON
270.72(b)
270.72fb)M)
270.72ft>)(2)
270.72ft>)«)
270.72fb)r4)
270,727bW5)
270.72fb)fe)
270.72te)
270.72fe)
ANALOGOUS
STATB CITATXDN
1£NT
STATfAHAie
Mv^^C
STRmoeMr
\
XTIS.1 •••
"BHOABW
IN SCOPfl
')
1
—
Ma/cn 7, 1989 - Page 8 of 7
-------
OSWER DIRECTIVE S9541.00-12
RCRA REVISION CHECKLIST 61: Changes to Interim Status Facilities
for Hazardous Waste Management Permits; Procedures for
Post-Closure Permitting (confd)
FEDERAL BSQumsu&rr
FEDERAL RCRA CfTATION
ANALOGOUS
STATS CITATION
EQUIV-
ALENT
SiAie ANALOG IS:
STRINGENT
BROADER
IN SCOPE
t TERMINATION OF INTERIM STATUS
redesignate former
270.73(e) as 270.73(f);
add new paragraph on
termination 12 months
after effective date for
land disposal units
operating under
270.72(a)(1), (2) or
(3)
redesignate former
270.73(e) as
270.73(0
redesignate former
270.73(f) as
270.73('>
270.73(e)
270.73(0
270.73(0)
v-\:'
March 7, 1989 • Pag* 7 of 7
-------
OSWER DIRECTIVE '9541.00-12
RCRA REVISION CHECKLIST 62
Land Disposal Restrictions Amendments to
First Third Scheduled Wastes
54 FR 18836-16838
May 2. 1989
(HSWA Cluster II)
This checklist amends the First Third Rule addressed by Revision Checklist 50 (53 FR 31138.
August 17, 1988). Additional changes to the First Third are made at 54 FR 36967 (September 6.
1989). The Revision Checklist (number 66) for that rule is in draft form and will be issued in
State Program Advisory 8. . . .
PEDERAL REQUIREMENT
FEDERAL RCRA
PART 268 -
CITATION
ANALOGOUS
STATE CITATION
STATE ANALOG IS
EOUIV- M
ALENT STRI
LAND DISPOSAL RESTRICTIONS
NGENT IN SCOPE
SU8PART D • TREATMENT STANDARDS
TREATMENT STANDARDS EXPRESSED AS WASTE CONCENTRATIONS
revise Vable CCW as
shown below
268.43(3)
No Uad CiipOMl for
KOM
fVatmtOQ 0y tBO pfOCVtt OOOCnMd ifl
tha w««ra Uiffaf dMcnpfloa tod
dteaoMd tint Attjwt V. iflM. cad net
ftomud IB IBO eouno of vudag
w«it«w«t«rfoRBaof thoo wtttMfBoMd
oa No GoamOoa)
wMWwawr fonu of IBM* VMIM (Ba*«d
KOM (B«Md oa lUacfiviry)
KOU (BM«d oa lUaettvtiy)
KOtf (BM^oaXMcttrttr)
(COM NoawuMwaiar fena* of tfcoM WMIM
inonwd by the proem dcMhbod ia
dwpo^d «ft«r Au«HM 17. 1MB. ud MC
I tacraicrf la (to COWM •/ OMttif
wMt«w*ur fonu of AM* WMM* (Hmii
rfUpoMd «/tar Attfon 17. tflam ud ao*
(•aavaiad ia OM OOWM of Q*MflB0
wuwwatar fefOM of IBOM waitM (Buod
KM
KOM
UM
o« Ml
ofowrtaf
of Aaat vadM (Bacad
I by te aiaetM dnatbod is
IB* va«» iMac dnotpooa «ad
diiaaMd After AiajMiir. iMa tad aot
Koa
off
dnoibadui
dupoMd altar Au«uti7. IBM. «ad aat
wuttwcMr feioM of ihaat wMta* (Baa»d
Mr feflB* Of (BOM WWM (B«Md
oaJUeyeUflil
KtOO NoowMMvaiarfenMoflba
diaenaod !•
tao
KOM
Mtt iittiiif
itipond aftar Aiajatt 17. i>m «ad aat
May Z 1989 • Page 1 of 1
-------
OSWER DIRECTIVE ?9541.00-12
RCRA REVISION CHECKUST 63
Land Disposal Restrictions for
Second Third Scheduled Wastes
54 FR 26594-26652
June 23. 1969
(HSWA Cluster II)
NotesT 11 This is the fifth in a series of checklists (i.e., Revision Checklists 34, 39, 50 and 62)
addressing the land disposal restrictions. The delegability of sections in 268 was not changed by.
this present final rule. EPA still retains the authority for "no migration" petitions, but States may
be authorized to grant these petitions in the future. Additional changes were made to the land
disposal restrictions at 54 FR 36967 (September 6. 1989) and at 55 FR 22520 (June 1. 1990).
Revision Checklists (numbers 66 and 78) for these two rules are not yet available.
2) This checklist may be subject to change in the future. EPA's State Programs Branch is
currently discussing the relationship of hazardous waste injection issues to the State authorization
program. In question are the changes made to 40 CFR Part 148 by the final rule addressed by
this checklist and whether they should be included in the checklist This present checklist does
not include these changes. V\;-
FEDER* > REQUIREMENT
FEDERAL RCRA CITATION
ANALOGOUS
STATE CrfATION
S 1 A 1 B ANALC
EOUrV- MOHB 1
ALENT STRINGENT I
XI IS:
BROADER
IN SCOPE
PART 268 - LAND DISPOSAL RESTRICTIONS
SUBPART C - PROHIBITIONS ON LAND DISPOSAL
WASTE SPECIFIC PROHIBITIONS • SECOND THIRD WASTES
effective June 8. 1989
prohibition from land
disposal of specific
261.31, 261.32 and
261.33 wastes
effective June 8, 1989
prohibition of land
disposal, except
underground Infaoflon
pursuant to 141X14(1)
and I48.15(d), o«Wn
261.32 wastes
effective June 8, 1989
prohibition from land
disposal of F006,
F008, F009, F011 A
F012
268.3400
jf
268.34(b)
268.341C)
June 23, 1989 • Pap* 1 of 9
-------
OSWER DIRECTIVE #9541.00-12
RCRA REVISION CHECKLIST 63: Land Disposal Restrictions
for Second Third Scheduled Wastes fcont'd)
FEDERAL REQUIREMENT -
effective July 8, 1989.
F007 prohibited from .
land disposal except
underground injection.
pursuant to 148.1 4(f)
July 8, 1989 until
December 8, 1989,
F011 & F012
prohibited from land
disposal pursuant to
268.41 & 268.43
treatment standards
for F007, F008 &
F009 nonwaste-
waters; effective
December 8. 1989,
F011.i?F012
prohibited from land
disposal pursuant to
268.41 & 268.43 treat-
ment standards for
F011 & F012
effective June 8, 1991
wastes, specified by
section with Subpart D
treatment standard
based on incineration
and which are contam-
inated soil and debris
are prohibited from
land disposal
requirements for
landfill or surface
impoundment disposal
of wastes Included In
268.34(e) & (d)
between June 8, 1969
and June 8, 1991;
apples to F007, F006,
F009, F011 4 F012
only between June 8,
196* and JUIv 8. 1989
wfwn th0 roqufrornwits
of 268.34(a)-(d) do
FEDERAL RCRA CITATION
268.34(0(1)
268.34(c)(2)
268.34/d)
268.34(a>
268.34m
ANALOOOUS
STATE CITATION
\
STATl ANALOG 15. '
Eourv-
ALENT
MORE
STRINGENT
0
BHOADEH
IN SCOPE
_-•
June 23, 1989 - Pag* 2 of 9
-------
OSWER DIRECTIVE *9541.00-12
RCRA REVISION CHECKLIST 63: Land Disposal Restrictions
for Second Third Scheduled Wastes (corrt'd)
FEDERAL RsouweweHT
meet applicable 268
Subpart 0 standards
granted an exemption
pursuant to a 268.6
petition for the wastes
and units covered by
the exemption
268.34(a),(b) & (c) do
not apply if granted
extension under 268.5
for wastes covered by
extension
between June 8, 1989
& May 8, 1990,
prohibition from land
disposal in landfills or
surface impoundments
of 268.1.1 wastes for
which oubpart 0 treat-
ment standards are
not applicable,
including California
list wastes subject to
prohibitions under
3004(d) or 268.32;
exceptions under
268.8
initial generator testing
to determine if a
268.10, 268.11 and
268.12 waste exceeds
applicable 268.41 &
268.43 treatment
standards; land
disposal pronfeJM If
constituents sMOMdJ
Subpart 0 levels al
268 requirements
aepjy
FEDERAL RCRA CITATION
268.34(W1 )
268.34(W2)
268.34(0)
268.34(h)
268.34(1)
ANALOGOUS
STATE CITATION
STATE ANAIM IS:
EQUIV-
ALENT
MORE
STRINGENT
\
anoAOcH
IN SCOPE
'
SUBPART 0 - TREATMENT STANDARDS
June 23, 1989 • Page 3 of 9
-------
OSWER DIRECTIVE *9541.00-12
RCRA REVISION CHECKLIST 63: Land Disposal Restrictions
for Second Third Scheduled Wastes (cont'd)
FEDERAL RfOUWeWSNT
FEDERAL RCRA CITATION
ANALOGOUS
STATE CITATION
STATE ANALod IS:
e^Oivr"
LALENT
MOHC
STRINGENT
BBC.
IN SCv.. c
TREATMENT STANDARDS EXPRESSED AS CONCENTRATIONS IN WASTE EXTRACT
Table CCWE: remove
"Cyanides (Total)"*
Reserved" from the
F006 nonwastewaters
subtable; add the
subtables shown below
in alphabetical/
numerical order by
EPA Hazardous Waste
Number
268.41 (a)
T»8LE CC'.VE— CONSTITUENT
IX W*S"E E.XTBiCT
-•JO 7. ?OC». J/VJ
»ji*'» isJ«
'.V .n
I no mg,.)
S.IVW
0.3M
SJ
O.SI
0.32
0072
lie* MM !*»• CCW m { 26*J3) I
j
O.OW
12
Oil
0.072
P02«i
K024 non»tsu •«!•*« :tt« KM Conewmtaen in
XI !$ m»'i»
uai« CC>
(MM CC.V M
..J
0071
oora
TREATMe^f^ STANDARDS EXPRESSED AS SPECIFIED TECHNOLOGIES
incineration or burning
of the nonwastewater
form of specified
wastes listed In
268.10. 268.11 &
268.12
268.42fflW3)
June 23, 1989- Page 4 of 9
-------
OSWER DIRECTIVE ?9541.00-12
RCRA REVISION CHECKLIST 63: Land Disposal Restrictions
for Second Third Scheduled Wastes (cont'd)
FEDERAL REOUWEMENT
treatment by carbon
adsorption, incineration
or pretreatment
followed by carton
adsorption of the
wastewater form of
specified wastes listed
in 266.10, 268.11 &
268.12
FEDERAL RCRA CITATION
268.42(a)(4)
ANALOGOUS
STATE CfTATION
-
I STATE ANALOG IS
5QUTV-
ALENT
MOHE
STRINGENT
6HOAO6H
IN SCOPE
TREATMENT STANDARDS EXPRESSED AS WASTE CONCENTRATIONS
add new sentence on
the basis for the
wastewater and
nonwastewater treat-
ment standards in
Table CCW; Table
CCW, as shown below
and on' pp. 26649-
26652: 1) revise the
following subtables-
F006 nonwastewaters.
K024 wastewaters and
nonwastewaters;
2) remove K004 and
K008 from the
subtabte for No Land
Disposal; 3) add
subtabJes in
alphabetical/numerical
order by EPA
hazardous wast*
number, and 4) add
K005 and K007 to ttw
subtable for NO Land
Disoosal
TA«U CCW— COWtTJTVtl
CONCtNTIUTIOM M WA«n
•**"
268.43(8)
... . _
\
,-
'
IS — f°^-^*.«ryfy- ; Concvimw Jj*' ' Jg%*l*5g— , Cane«^»ao»
CCWfA««M.«t| i-"«vw UCV»C«|M.«'I | •""
1 CvandMirwatt ' MO c*MMfTian [ '•
Jurw 23. 1989 - Pt^t 5 of 9
-------
OSWER DIRECTIVE 39541.00-12
RCRA REVISION CHECKUST 63: Land Disposal Restrictions
for Second Third Scheduled Wastes (cont'd)
FEDERAL BEbUMHRMENT '
FEDERAL RCRA CITATION
ANALOGOUS
STATE CrtATlON'
EOUIV-
ALENT
"SirATg AWALM 15
UCflE
STRINGENT
BHOADEW '
IN SCOPE
^024
. if)
CC.vEifl I.66.4M
-
, i 3
a to
FOt i
Conetnnaen
321
3J1 "
3314
331*
0314
33'4
33t4
3:34
o ;*
.VE 4i J 268.41)
MO
9.1
(Touil.
1
8.001
a 001
3.001
3.001
3.3S
04T
i.i.i 2-f»ncr«n»wnf.
M_t2-T»ti-.'-oio-qu-.i».
t.t.i-Tncfmore*e«ni)
E!»«csv» 0_cw-««r 8. 1989: from July 6. 196*
l Oveamoar 1 1949. Tv»»« ••«!•• ar« _uOr*ci to
I FCO7. AX6 a*»J
» TMM CCW« *>
Ccnorara-en
T«gicniofo«ci »<»n
«0
«o
54
29
56
56
6.0
60
SO
KOM and KOiO nenvMt«o.t«r«
i2S..4t).
«no Wi J
«t_e T«o-»CCWf *»
CJ-B
NO*..
t.t-OcMe
0.10
o_a
o.o«
044
KOM ana KOTO .
ate
KOtf. KOI3.mKOI4
0013
Ownun (Ttmn
.->/r
o.oor
o.oor
ooor
ooor
6.4
0.3S
0.03T
0.47
June 23, 1969 - Pag* 6 of 9
-------
OSWER DIRECTIVE 59541.0Q-12
RCRA REVISION CHECKLIST 63: Land Disposal Restrictions
for Second Thfrd Scheduled Wastes (cont'd)
.ANALOGOUS
—STAT1
PED6RAJ. RCRA CITATION
i.S-
4 5-TVicmorcon«no<
2.4 s-
Jun* 23. 1989 - Pag* 7 of 9
-------
OSWER DIRECTIVE 49541.00-12
RCRA REVISION CHECKLIST 63: Land Disposal Restrictions
for Second Third Scheduled Wastes (cont'd)
PEOe*AL
FBOfWAL RC«A CITATION
ANALOGOUS
STATE OTA DON
T80I7:
AtENT
STATE ANALOG 13
STRINQ6NT
COP€
P*ort».
P094
Fi/neni*..
POM nemrMt^Ml
Cv
(TotM
llffHiiaClat.
1
0.1
noi
"0
DMMM ptivuui^ .
(*l T<9>l)
1 »
O.iO
...J
0 54
Cooc»»«»«uun
,m "15 «5J
Owwaavt onmiun
110
9.1
T^J/1
5«
UHO no«*Mit»»«l«r»
PWaic «i*»var.i» (ntcamrtd *•
Cone*nv*aon WwateiodJ.
|nm9/>9
OH
U23S<
j Concanvaoon
J |,«m9/^»
UJM<
OS*
NoUadOiafOMlfbr
• • • i
I by iha
procaaa daaehbcd in tin wasw listing
dMcnption. aad dUpotad aftar |«na 8. t9W
aad AM ganantad ia iha COWTM 01 trtaiinf
waatawatar torna of ihaaa waaia*. I ~
or r'tCananaoa)
KB T Nonwaanwattra ganatrtad by i
woeaaa daacnbad ia tha wasia listing
dwcnpttaa. aed dliaoaad ahar |una •. 19K
JUM 23, 1969 • Page 8 of 9
(•tmayt aad aot ganaraiad ia iha eouna of
""""^"^ waaiawatar fonu of thaac wasiei.
as* o» No Catiaranon)
;
-------
OSWER DIRECTIVE #9541.00-12
RCRA REVISION CHECKLIST 63: Land Disposal Restrictions
for Second Third Scheduled Wastes (cont'd)
FEDERAL REQUIREMENT
meet lowest constituent
treatment standard
when mix wastes with
differing treatment
standards for a
constituent of concern
FEDERAL RCRA CITATION
268. 43 (b)
ANALOGOUS
STATS CfTATiGK
._.„
' STATE ANALOG 15
EQUIV-
ALENT
STRINGENT
SSCADEH
IN SCOPE
Jurw 23, 1989 -
9 ol 9
-------
OSWER DIRECTIVE #9541.00-12
RCRA REVISION CHECKLIST 17 B
Dellstfng
Note: Delisting Is an optional requirement If the State currently has a dellstfng program, then it
must modify Its dellstfng regulations to comply with these new standards. The changes to
260.22(b) were made at 54 FR 27114 (June 27, 1989). If a State was authorized for the changes
addressed by this checklist prior to this rule's promulgation date, then the State need not make
the required changes to 260.22(b) because these changes merely eBrrtnate potential confusion as
to existing regulatory requirements. However,. States which are not authorized as of this date
should make these changes if they choose to Include delating as part of their program.
Also, States submitting this checklist need to provide documentation regarding other delisting
standards not covered by this checklist The new SCRAM will contain a Consolidated Base
Program Checklist addressing Part 260 requirements that may be helpful to a State preparing this
documentation. The delisting program is addressed by 40 CFR 260.20 and 260.22.
PEDERAL REQUIREMENT
FEDERAL RCRA CITATION
ANAl
STATE CITATION
PART 260 - HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL
SUBPART C - RULEMAKING PETITIONS
f PETITION TO AMEND PART 261 TO EXCLUDE A WASTE PRODUCED AT A PARTICULAR
FACILITY
petitions to exclude
change these' to
•those' after 'which Is
described in"; remove
'contains a wast*
listed in Subpart D'
after 'listed in
Subpart D*; change
•section, except that
where to sadtafk
Where'; remove "each
constituent latsv
waste or* after
•with respect to*J add
statement that
analyses must be tor
both constituents and
factors that oouU
causa mixture to be
HflMfvJous
waste Istad tor 1, C.
RorE
260.22ta>
26022(b)
260.22(0
\
July 15. 1966 - Paga 3a of 21
-------
OSWER DIRECTIVE 59541.00-12
RCRA REVISION CHECKLIST 17 B: Delating (confd)
FEDERAL RKOUmeMENT
waste listed for T
waste listed for H
remove temporary
exclusion
FEDCRAL RCRA CITATION
260.22M)
260.22(9)
260.22(m)
ANALOGOUS
STATH CJTATWN
-
SfArt ANALOG IS:
e^ulv;
ALEMT
.
---
uo»v
STRINGENT
BHOAD6H
IN SCOPS
July 15, 1965 - r^g» 3b o< 21
-------
OSWER DIRECTIVE 49541.00-12
RCRA REVISION CH6CKUST 58
- Standards for Generators of Hazardous Waste
53 FR 45089-45093
November 8, 1988
(Non-HSWA Cluster V)
The Office of Management and Budget has decided that printers and users of the manifest need
not include the "burden disclosure statement" on the manifest if to do so places an additional
burden on them. OMB encourages States that have already incorporated the statement to retain
it, and encourages those who have_ not yet incorporated It to add It at a future date. However,
the decision regarding whether or'not to add the statement is entirely up to the State using the
form. Thus, this checklist is optional.
FEDERAL REQUIREMENT
FEDERAL RCRA CITATION
ANALOGOUS
STATE CITATION
STATE ANALOG IS.
EQUIV-
ALENT
MORE
STRINOENT
8HOADEH
IN SCOPE
PART 262 - STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE
SUBPART B - THE MANIFEST
\v
tGENF^AL REQUIREMENTS
Amend OMB control
number
262.20O)
APPENDIX TO PART 262
tUNIFORM HAZARDOUS WASTE MANIFEST
change expiration
date; add burden
disclosure statement
change expiration
date
8700-22
8700-22A
November 8, 1968 • Page t of 1
-------
Federal Register / Vol. 53. No. 218 / Tuesday. November a. 1966 / Rules and Regulation
Attachment 2to- Appendix
InttnctiorafofCoatphtion of Standard
Form ISO "Apart ofSxcnt PenanaJ
Property"
Block i—Enter tht DoO Activity addresa
cod* (jix digjtj) identifying the reporuns
•etiv.ty. ;,-.d ihs juiitu dirt (four dipu) on
which the report is prepared. If the rtport it •
correction or withdraw*! of • pnor rtpoft
enter the original rtport aumbtr in block 1
and mark the appropriate type of neon in
block*.
Block Z-17—S*lf-«xplaaatory.
Block l«(a>—Enter • unique four-digit
number for tach item. Any combination of
alpha and/or numenc character* may be
used except the alpha chartcten I and O.
iSfbV—Include the name and position of the
employe* recipient, to iaciude addree* and
telephone number if purchafa or donation ia
desired. Alto include a fuU description ot the
gift and the identity of the foreign
government and the name and position of the
individual who presented the gift (include)
date). Provide the estimate retail value) of the
gift in the United State* at the time of
acceptance or the appraised value, if known.
If the employee recipient ia interested in
purchasing the gift so indicate. A commercial
appraiaal plua coat of appraiaaJ shall be
annotated and a copy of the appraisal
attached ./ the recipient ia interested la •
hawing the gift donated to an eligible public
agency or nonprofit tax*xempt institution.
that should be indicated her*.
I8(e)—The Quantity for each line) item
should always be oat. Par example three)
pain of cuff links will be> reported aa three)
separate line items. 0001 thro 0003. each
reflecting a quantity of on* pair.
LMByatta.
Alternate OSD Federal Retiiterlititom
Officer. Department of Defenee*
November I 19MI
I Piled 11-7-eaj fctt aaa|
AOCNCY
40 C*TI Part »2
provisions of the Paperwork Reduction
Act 44 U.S.C 3501 tt «•*., with each
Uniform Hazardous Waste Manifest
form. The Agency ia taking this action
because ±t currtnt mam/eat form
expire* on December 31.1988. EPA and
•is QfSce of Management and Budget
extended the period of use for tht
currtnt manifest form from September
30.1966 until Dtctmbtr 31.1983 (53 FR
37383. Stpttmbtr 27.1988). Today's
notict alio includes a technical
correction for a citation to aa OMB
control number in 12s2-20(a).
tmcrrvi OATI: November 11988.
AOOMSSS S: Copies of the renewed form
may bt requested from the RCRA/
Supurfund Hotline toll-free at (800) 424-
9340. or in Washington, DC call 382-
3000.
•ON fVKTMVt INFONMATIOM COMTACH
For general information, contact the
RCRA/Suptrfund Hotline toll-fret at
(800) 424-0346. or in Washington, DC
call 382-3000. For information on
specific aspects of today's notice.
contact Emily Roth. (202) 362-4777.
Office of Solid Waste (OS-332). U.S
Environmental Protection Agency. 401M
Street SW, Washington. DC 20480.
lll«HliHHT»ail IMFOftMATlOfC
I. Background
On March 20. 1984. in a joint
rulemaking effort the U.S.
Envlronsiental Protection Agency (EPA)
and th* Department of Transportation
(DOT) promulgated the Uniform
Hazardous Wast* Manifest and required
its us* for all regulated shipments of
hazardous wast*. EPA's Resourc*
Coaservatioa aad Recovery Act (RQtA)
regulations require generaton who
transport or offer foVtranspertttiea.
hazardous wast* for off-sit* treatment
stong* or disposal, to prepare a
aunifest which must accompany the
wast*.
finrtaootBcatil Prot*ctioa
AertOM Find nil*: node* of reaawsj of
th* Uoif em HmrtMt Wast* ^'"fftTt
f,
« Today's acttoa r*a*wa th*
Uniform Hazardous Wast* Manifest
(UHVVM) form without dunfi tad
extaads th* expiration data) to
September 3ft 18VL Today's aotfe* also
mandates th* inclusion of a burdea
disclosure statement prepared under
O.Ti
to die
Uniform Hazardous Waste Manifest
r*
The Agency is maJung the following)
technical amendment* effective widi
today's nolle*. Th* Agency ha* good
cause for finding that public comment
oa these amendments ia unnecessary
pursuant to S U.S.C SS3(b)(B). because
the amendments will not change any
substantive requirements of the current
refulati
A. Exttrujon ofManifut form \
Expiration Dot*
The Agency Is renewing the Uniform
Hazardous Waste Manifest (EPA Forme
8700-22 aad 6700-2ZA) without
substantive change aad with a new .
expiration data of September 30.1991.:
th* Agency determines there is a need
revtae the manifest form, at a lattr date
an Advenes Notice of Proposed
RulamaJuag (ANPRM) will be publishes
in the Federal Re^iste? iaviong coouner.
from the public and tht regulated
community.
3. Papin*orii Reduction Act
AfguJatioM Rtquin Inclusion of a
Burdea Disdoiun Statement
"Tht U.& Office of Management and
Budget (OMB) added i 1320.21. "Agencj
Display of Estimated Burden.1' to 3 CFR
Part 1320 on May 10.1988. This section
require* Agencies to indicate on each
instrument for the collection of
information, i.e^ form, the estimated
average burden hours per response.
together with a request that tht public
direct any commtnts concerning the
accuracy of this burden estimate or
suggestions for reducing the burden
itself to the Agency and to OMB** Office
of Information and Regulatory Affairs
(O1RA). This ia intended to facilitate
Agency management of its collections at
information, to reduce paperwork
burdens oa the public and to encourage
more meaningful public participation in
the paperwork reduction procese. This
rule will not impose any new
information collection requirements.
OMB la not concerned that biased or
skewed responses will be received from
the public (a^a, only those taking longer
than average would respond). The goal
of the Paperwork Reduction Act (44
U.&C 330L **«*e.) ia to minimize the
paperwork burdea oa the public
therefore. OMB needs th* input of those
respondenta who an meat burdened by
a collection of Information,
la order to comply with this new OME
regulation. EPA Ia requiring that a
burdea disclosure statement be include*
with the renewed Uniform Hazardous
Waste Manifest form, The burdea
diadoeuT* statement may be included
m the manifest mrm, attached to the
manifest form, or included in the
inatructioaa to th* manifest form. EPA
has estimated the burdea associated
win fiOiaf oat the manifest to be 37
miaates for geacraturs. IS minutes for
traasporten. aad 10 minute*) for
treatment storage, aad disposal
factlrttea. The burden disclosure
statement required with each Uniform
f«^e»frfaa*i Waste Manifest form ia aa
foflowsi
Nbilc ispertfag bartea tot mt* collection
of ieJemaosa to estimated to average: 37
i to gvaeniera. IS minute* for
id 10 BfMias for treatment
id lilspusi faaiittes. Thi* include*
ivtewtng UMVvcnoa*. gathennsj
-------
F«d«d R«fi«t«r / Vol. S3. No. 216 / Tutaday. Novtmbtr 8.1968 / Rul«t and Regulations
WAflTI MANIFEST
lllllllllllll.'l
I I ' I I I I I I
I I I I I
I I. L L LJ
-------
Federal R»gUt«f / VoL S3. No. 218 / Tuesday. Novemb«r a. 198S / Rules and Regulation*
(*wn» 9t*vnt >ar ««• o»» «•«• n.l
W»0 OBJ»
UNIPOAM HAZARDOUS
WATTt MANIFEST
2* Cvn^Mor t US C^A 10 N«
in«orm*ii«fl .« tn« W«
23.
i M. SUM C«n«r«ar i iO
24
29
J
I «* Snn T'lmoontr
20. Trtn^encr Comecny t«m«
2? US CPA 10 NymMr
Si«t» Ti^neomr
OS.
a c
J1
UM
\\
JLJ.
I I
(77
t»l Doe. J»T4 F1M U-/-«k Ml «•(
-------
UNITED STATES ENVIRON < NTAL PROTECTION AGENCY Al)6
WASHING- UN. O.C. 204*0
' 3 1989
MEMORANDUM $0l,0 WA$Tf ^0 |'M(»ctP1,Cv .
SUBJECT: Uniform Hazardous Waste Manifest
~:£>**<~+.
FROM: / Sylvia K. Lowranca, director
Office of solid waste
TO: Wast* Management Division Directors
Regions I-X
This is to inform you of a U.S. Office of Management and
Budget (OMB) decision that affects the Uniform Hazardous Waste.
Manifest (EPA Forms 8700-22 and 22a) . As stated in the attached
letter from Marcus Peacock of OMB to Ricfc Westlund of this Agency,
printers and users of the manifest need not include OMB's newly
rnr-. ida ted "burden disclosure statement* on the manifest if to do aa
places an additional burden upon the*. The States, printers, afl
users of the form shall determine for themselves their ability to
incorporate the burden statement onto their forms.
OMB added Section 1320.21 ^Agency Display of Estimate*.
Burden" to 5 CFR Part 1320 on Kay 10, 1988, which required all
Federal Agencies to indicate on each instrument for the collection
of information (i.e., fora) the estimated average burden hours per
response. In * Federal Reaiater notice of November 8, 1988 (S3
IB 45039) , this Agency renewed the manifest and required that all
users of the form include the burden disclosure statement with the
renewed manifest effective December 31, 198$. On February 16,
1989, EPA reiterated in the Fjdjtzil »«gi«-t«g (54 IB 7036) this
requirement for av burden disclosure statement on the manifest
describing various ways in which the States and regulated community
could cosjply. ' In ^ths February 16, 1989 notice, the; data for
compliaaos) with tb* requirement was extended to Jun« 30, 1989.
Uttar of June 22, 1989 effectively removes the
for the) burden statement. OMB encourages those
printers and ttatas who have already incorporated the statement to
retain it, and encourages those who have not yet incorporated it
to add it at a future date. However, the decision regarding
whether or not to add the statement is entirely up to the
originators of the form.
-------
'••'• V-; V EXECUTIVE OFFICE OF THE PRESIDENT
i V^;/) >• OFHCE OT MANAGCMfeNT AND BUOGiT
**\J*-' WASHUGTfJN. P C
;-:? . :>..*•'
JUN ; ? 19B9
Mr. Richard westlund
PM-223
Cnvironmttntal Protection Agency
401 M Street, S.w.
Washington, O.C. 20640
Dear Rick,
This is to confirm our recent phone conversation concerning the
burden box requirement on the Hazardous Waste Manifest (OMB
12050-0039). To the extent that adding a burden box to the
Hazardous Waste Manifest may place a greater burden on State and
local governments and other respondents, these entities -n^ed not
comply with this requirement. This determination can be made by
-the State and local government or other originators of the form.
If you have any further questions regarding this matter, please
let me know.
Sincerely,
Marcus peacock
Assistant Branch Chief
Natural Resources Branch
office of Information and
Regulatory Affairs
-------
ATTACHMENT C
Revised CheckHsts
-------
OSWER DIRECTIVE #9541.00-12
Table A-1 tats the Revision Checklists. They are generally listed fn chronological order,
except that they are grouped Into the following categories:
Non-HSWA requirements prior to Cluster I (January 26, 1983 - June 30,
1984)
Non-HSWA Cluster I (Jury 1, 1984 - June 30, 1985)
Non-HSWA Cluster II (Jury 1, 1985 - June 30, 1986)
Non-HSWA Cluster III (Jury 1, 1986 -June 30. 1987)
Non-HSWA Cluster IV (Jury 1, 1987 - June 30. 1988)
Non-HSWA Cluster V (July 1, 1988 - June 30, 1989)
HSWA Cluster I (November 8, 1984 - June 30, 1987)
HSWA Cluster II (July 1. 1987 - June 30, 1990)
The checklists in this Table that are noted with a T contain only optional requirements.^
As additional changes to the Federal program occur, corresponding checklists will be added
to this Appendix.
A-2*
-------
OSWER DIRECTIVE #9541.00-12
Table A-1
Recent Federal Requirements
Revision
Checklist
Number
Federal Requirement
HSWA or FR
Reference
Non-HSWA Requirements prior to non-HSWA Cluster 1 (January
June 30. 1984; Due Date - one year after the oromutaation date
1
2
3
4
5
t6
t7
t8
19
10
11
t12
13
rule')
Biennial Report [See Revision Checklist
30J
Permit Rules - Settlement Agreement
interim Status Standards - Applicability
[See Revision Checklist 10 in non-HSWA
Cluster 1]
Chlorinated Aliphatic Hydrocarbon Listing
(F024)
National Uniform Manifest [See Revision
Checklists 17 D & 32 in HSWA Cluster f]
Permit Rules: Settlement Agreement
Warfarin & Zinc Phosphide Listing
Lima Stabilzed Fickle Uquor Sludge
Non-HSWA Cluster 1 (July 1. 1984 - June 30
State AvaiUbitty of Information
HouaahoJd Waal* ^
fntarim Status Standards - Applcabilty
sataana Accumulation
Definition of SoM Waste
rrjflfliyttan off Sold Waste: Comction /M*
48 FR 3977
48 FR 39611
48 FR 52718
49 FR 5308
49 FR 10490
49 FR 17716
48 FR 19922
49 FR 23284
Promulga-
tion or
HSWA Date
26, 1963 -
of the final
1/28/83
9/1/83
11/22/83
v\
2/10/84
3/20/84
4/24/84
5/10/84
6/5/84
1985: Due Date - Jufv 1. 1986')
HSWA §3006
-------
OSWZR DIRECTIVE #9541.00-12
Revision
Checklist
Number
15
Table A-1 (Confd)
Recent Federal Requirements
Federal Requirement
Non-HSWA Cluster I fcont'd)
Interim Status Standards for Treatment
Storage, and Disposal Facilities
[Definition of Solid Waste; Correction (see
Revision Checklist 13 in non-HSWA
Cluster I)]
HSWA or FR
Reference
50 FR 16044
50 FR 33541
Promukja- -
Don or
HSWA Date
4/23/85
8/20/85
Non-HSWA Cluster II (July 1. 1985 • June 30. 1986; Due Date • Jury 1.
19871)
24 Financial Responsibility: Settlement
Agreement
f26 ' Listing of Spent Pickle Liquor (K062)
51 FR 16422
51 FR 19320
5/2/86
5/28/86
T27
28
29
Non-HSWA Cluster III (Jury 1. 1986 - June 30. 1987: Due Date
1988*1
Jury 1.
Radioactive Mixed Waste (See SPA 2)
Uabitty Coverage • Corporate Guarantee
[See Revision Checklst 43 In non-HSWA
Cluster IV]
Standards for Hazardous Waste Storage
and Treatment Tank Systems [Certain
sections superseded by 53 FR 34079, see
Revteten Checklst 82 In non-HSWA
Ouster V; also see HSWA Cluster I]
Collection to Listing of Commercial
ChemJceJ Products and Appendix Vlll
Constituents [Completely superseded by
53 FR 13382; use Revision Checklst 48 m
non-HSWA Cluster IV to replace this
choddlsq
51 FR 24504
51 FR 25350
51 FR 25422
51 FR 28298
7/3/86
7/11/86
7/14/86
8/6/86
Continued
A-2c
-------
OSWER DIRECTIVE #9541.00-12
Table A-1 (Cont'd)
Recent Federal Requirements
Revision
Checklist
Number
Federal Requirement
Non-HSWA Ciuster HI (confd) -
[Standards for Hazardous Waste Storage
and Treatment Tank Systems; Correction
(see Revision Checklist 28 in non-HSWA
Cluster III)]
t [Listing of Spent Pickle Liquor; Correction
(see Revision Checklist 26 in non-HSWA
Cluster II)]
HSWA or FR
Reference
51 FR 29430
51 FR 33612
Promulga-
tion or
HSWA Date
8/15/86
9/22/86
35
36
r
37
38
40
41
Revised Manual SW-846; Amended
Incorporation by Reference
Closure/Post-closure Care for Interim
Status Surface Impoundments
Definition of Solid Waste; Technical
Corrections
Amendments to ran o information
Requirements for Land Disposal Fadltfes
Non-HSWA Cluster IV (July 1. 1987 - June
1989')
List (Phase 1) of Hazardous Constituents
for Ground-Water Monitoring
Identification and Listing of Hazardous
wastt
[Using of Spent Fields Liquor Clarification
52 FR 8072
52 FR 8704
52 FR 21306
52 FR 23447
30. 1988: Due Date
52 FR 25942
52 FR 28012
52 FR 28697
3/16/87
3/19/87
6/5/87
6/22/87
-July 1.
7/9/87
7/10787
8/3/87
\\
(Mi) navtston Checklst 26 in non-HSWA
Cluster II)]
[Development of Corrective Action
Programs After PermrWng Hazardous
Wast* Land Disposal FsdHties; Corrections
(see Revision Checklst 36 In non-HSWA
Cluster III)]
52 FR 33936
9/9/87
Continued
A-2d
-------
OSWER DIRECTIVE #9541.00-12
Revision
Checklist
Number
T43
45
46
f49
51
52
Table A-1 (Cont'd)
Recent Federal Requirements
Federal Requirement
Non-HSWA Cluster IV (cont'd)
Liability Requirements for Hazardous
Waste Facilities; Corporate Guarantee
[See Revision Checklist 27 in non-HSWA
Cluster III]*
Hazardous Waste Miscellaneous Units
[See Revision Checklist 59 in non-HSWA
V for technical corrections]
[Standards Applicable to Owners and
Operators of Hazardous Waste Treatment
Storage, and Disposal Facilities;
Closure/Post-Closure and Financial
Responsibility Requirements (see Revision
Checklist 24 in non-HSWA Cluster II)]
Technical Correction; Identification and
Listing of Hazardous Waste (Entirely
supersedes Revision Checklist 29 in non-
HSWA Cluster III)
Non-HSWA Cluster V (Jutv 1. 1988 • June 30. 1989: Due Date • July 1.
HSWA or FR
Reference
52 FR 44314
52 FR 46946
53 FR 7740
Promulga-
tion or
HSWA Date
11/18/87
12/10/87
3/10/88 \.
53 FR 13382
4/22/88
Identification and Listing of Hazardous
Waste; Treatabitty Studies Sample
Exemption
Standards Applcakte to Owners and
Operators of Hazardous Waste Treatment
Storage and Disposal Facilities; Liability
Coverage (wttttald; EPA is responding to
tht settlement agreement reached
regarding tiw Hgation surrounding this
rule]
Hazardous Was** Management System;
Standards for Hazardous Waste Storage.
and Treatment Tank Systems [See
Revision Checklst 28 In non-HSWA
Cluster ill; also see HSWA Cluster If]
S3 FR 27290
53 FR 33938
7/19/88
9/1/88
53 FR 34079
9/2/88
Continued
A-2e
-------
OSWER DIRECTIVE #9541.00-12
Table A-1 (Cont'd)
Recent Federal Requirements
Revision
Checklist
Number
53
t54
55
t56
T57
t58
59
60
t61
Federal Requirement
Non-HSWA Cluster V (cont'd)
Identification and Listing of Hazardous
Waste; and Designation, ReportaWe
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 54 in non-HSWA Cluster V)J
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 Sulflde from
the List of Hazardous Wastes
Standards for Generators of Hazardous
Waste; Manifest Renewal
Hazardous Waste Miscellaneous Units;
Standards Applcabto to Owners and
Operators (Technkaf correction to Revision
Cnacklst 45 in non-HSWA Cluster IV)
Anwndment "to ~ Requirements for
Hazardous Waste Incinerator Permits
Changes to Interim Status Facilities for
Hazardous Wast* Management Permits;
Modifications of Hazardous Wast*
Management Permits; Procedures for
Post-Closure Permitting
HSWA or FR
Reference
53 FR 35412
53 FR 37912
53 FR 39720
53 FR 41649
53 FR 43878
53 FR 43881
53 FR 45089
54 FR 615
54 FR 4286
54 FR 9596
Promulga-
tion or
HSWA Date
9/13/88
9/28/88
10/11/88
\
10/24/88
10/31/88
/
10/31/88
11/8/88
1/9/89
1/30/89
3/7/89
Continued
A-2f
-------
OSWER DIRECTIVE #9541.00-12
Revision
Checklist
Number
14
16
17
t
t
Table A-1 (Cont'd)
Recent Federal Requirements
Federal Requirement
HSWA or FR
Reference
HSWA Cluster I (November 8. 1984 • June 30. 1987: Due Date
19881
Promulga-
tion or
HSWA Date
July 1.
HSWA Date of Enactment Provisions [See
Revision Checklists 17 A - S In HSWA
Cluster I]
Direct Action Against Insurers
Dioxin Waste Listing and Management
Standards
Fuel Labeling [See Revision Checklist 17
K in HSWA Cluster I]
Paint Filter Test [See Revision Checklist
25 in HSWA Cluster I]
Prohibition of Liquids in Landfills [See
Revision Checklist 17 F in HSWA Cluster
I]
Expansions During Interim Status - Waste
Piles [See Revision Checklist 17 P in
HSWA Cluster I]
Expansions During Interim Status •
Landfills and Surface Impoundments [See
Revision Checklist 17 P in HSWA Cluster
I]
HSWA CodMcattoa-Rute [See Revision
Checkist 44 In HSWA Cluster II]
17 A - Smal Quantity Generators
[Superseded by 51 FR 10146, see
Revision Checkist 23 in HSWA
Cluster IJ
178-DeBstfng
17 C • Household Waste
170- Waste Minimization [See.Revision
Checkist 32 In HSWA Cluster I]
Numerous
HSWA §3004(1)
50 FR 1978
HSWA §3004
(r)(D
50 FR 18370
HSWA
§3004(c)
HSWA
§3015(a)
HSWA
§3015(b)
50 FR 28702
11/8/84
11/8/84
1/14/85
2/7/85
4/30/85
5/8/85
/
5/8/85
5/8/85
7/15/85
Continued
A-2Q
-------
OSWER DIRECTIVE #9541.00-12
Revision
Checklist
Number
18
19
20
21
22
23
Table A-1 (Cont'd)
Recent Federal Requirements
Federal Requirement
HSWA Cluster I (cont'd)
17 E - Location Standards for Salt Domes,
Salt Beds, Underground Mines and
Caves
17 F - Liquids in Landfills [See Revision
Checklist 25 in HSWA Cluster I]
17 G - Oust Suppression
17 H - Double Liners
171- Ground-Water Monitoring
17 J - Cement Kilns
17 K - Fuel Labeling [Superseded by 51
FR 49164, see Revision Checklist
19 in HSWA Cluster I]
17 L - Corrective Action
17 M - Pre-construction Ban
17 N - Permit Ufe
17 O - Omnibus Provision
17 P - Interim Status
17 Q • Research and Development Permits
17 R - Hazardous Waste Exports
[Superseded by 51 FR 28644. see
Revision Checklist 31 in HSWA
Cluster I]
17 S - Exposure Information
Listing of TDf, TDA, DNT
Burning of Waste Fuel and Used Oil Fuel
in Boilers and Industrial Furnaces
Listing of Spent Solvents
[Using of Spent Solvents; Correction (see
Revision Checfcltt 20)}
Listing of EOB Waste
Listing of Four Spent Solvents
Generators of 100 to 1000 kg Hazardous'
Waste [See Revision Checklsts 42 and 47
in HSWA Cluster II]
HSWA or FR
Reference
50 FR 42936
50 FR 49164
50 FR 53315
51 FR 2702
51 FR5327
51 FR6537
51 FR 10146
Promulga-
tion or
HSWA Date
10/23/85
11/29/85
12/31/85
1/21/86
2/13/86
2/25/86
3/24/88
Continued
A-2h
-------
OSWER DIRECTIVE #9541.00-12
Revision
Checklist
Number
25
28
30
31
32
33
34
Table A-1 (Cont'd)
Recent Federal Requirements
Federal Requirement
HSWA Cluster I (cont'd)
Codification Rule, Technical Correction
(Paint Filter Test)
Standards for Hazardous Waste Storage
and Tank Systems [Certain sections
superseded by 53 FR 34079, see Revision
Checklist 52 in HSWA Cluster II; also see
Non-HSWA Cluster III]
Biennial Report; Correction
HSWA or FR
Reference
51 FR 19176
51 FR 25422
51 FR 28556
Exports of Hazardous Waste [See Revision 51 FR 28664
Checklist 48 in HSWA Cluster II]
[Hazardous Waste Storage and Tank
Systems; Corrections (see Revision
Checklist 28 in HSWA Cluster I)]
Standards for Generators - Waste
Minimization Certifications
Listing of EBOC
Land Disposal Restrictions [Certain
sections superseded by 52 FR 25760 and
53 FR 31138, see Revision Checklsts 39
& 50 in HSWA Cluster II, and SPAs 4 &
6]
[Used Oil: Decision Not to Adopt
Proposed Rute; Tentative Schedule to
Address Issue* StiB Outstanding (see
RtvWon Checklst 1» in HSWA Cluster I)]
[Burning of Wtste Fuel and Used Oil Fuel
in Boilers and Industrial Furnaces;
Technical Corrections (see Revision
Checklst 19 in HSWA Cluster I)]
51 FR 29430
51 FR 35190
51 FR 37725
51 FR 40572
51 FR 41900
52 FR 11819
Promulga-
tion or
HSWA Date
5/28/86
7/14/86
8/8/86
8/8/86 '
8/15/86
/ 0/1/86
10/24/86
11/7/86
11/19/86
4/13/87
Continued
A-a
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OSWER DIRECTIVE #9541.00-12
Table A-1 (Cont'd)
Recent Federal Requirements
Revision
Checklist
Number
Federal Requirement
HSWA or FR
Reference
Promulga-
tion or
HSWA Date
HSWA Cluster I (cont'd)
[Land Disposal Restrictions; Corrections
(see Revision Checklist 34 in HSWA
Cluster I)]
52 FR 21010
6/4/87
HSWA Cluster II (July 1. 1987 • June 30. 1990: Due Date - July 1. 1991')
39
42
44
47
California List Waste Restrictions (See
Revision Checklist 34 and SPA 4; certain
sections superseded by 53 FR 31136, see
Revision Checklist 50. in HSWA Cluster II,
and SPA 6]
Exception Reporting for Small Quantity
Generators of Hazardous Waste [See
Checklist 23 in HSWA Cluster I]
[California List Waste Restrictions;
Technical Corrections (see Revision
Checklist 39 in HSWA Cluster II)]
HSWA Codification Rule 2 [See Revision
Checklist 17 in HSWA Cluster I]
- Permit Application Requirements
Regarding Corrective Action
- Corrective Acton Beyond Facility
Boundary
• Corrective Action for Injection Wells
-Pern* Modification
- Permit as a Shield Provision
- Permit Concftons to Protect Human
HeeJth and the Environment
- Post-Ctosuni Permits
identification and Listing of Hazardous
Waste; Technical Correction (corrects
Revision Checklst 23 In HSWA Cluster I)
44 A
44 B
44 C
44 0
44 6
44 F
52 FR 25760
52 FR 35694
52 FR 41295
52 FR 45788
53 FR 27162
7/8/87
9/23/87
10/27/87
12/1/87
7/19/88
Continued
A-2|
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OSWER DIRECTIVE #9541.00-12
Revision
Checklist
Number
48
50
52
62
63
Table A-1 (Cont'd)
Recent Federal Requirements
Federal Requirement
HSWA Cluster II (cont'd)
Farmer Exemptions; Technical Corrections
(corrects Revision Checklist 31 in HSWA
Cluster I)
Land Disposal Restrictions for First Third
Scheduled Wastes [see Revision Checklist
62 in HSWA Cluster I]
Hazardous Waste Management System;
Standards for Hazardous Waste Storage
and Treatment Tank Systems [Supersedes
certain portions of Revision Checklist 28 in
HSWA Cluster I; also see non-HSWA
Cluster V]
[Identification and Listing of Hazardous
Waste; Land Disposal Restrictions-
Administrative Stay (see Revision Checklist
50 in HSWA Cluster II)]
[Land Disposal Restrictions (see Revision
Checklist 50 in HSWA Cluster II)]
Land Disposal Restriction Amendments to
First Third Scheduled Wastes [amends
portions of Revision Checklist 50 in HSWA
Cluster II]
Land Disposal Restrictions for Second
Third Scheduled Wastes
fffbimlHrf Waste Management System:
Requirements of Rutemaking Petitions (see
BevWon Checklst 17 B in HSWA Cluster
01
HSWA or FR
Reference
53 FR 27164
53 FR 31138
53 FR 34079
54 FR 4021
54 FR 8264
54 FR 18836
54 FR 26594
54 FR 27114
'States have an addfflonal year if statutory changes an required.
/
Optional.
Promulga-
tion or
HSWA Date
7/19/88
8/17/88
9/2/88
\\
1/27/89
£
2/27/89
5/2/89
6/23/89
6/27/89
A-2k
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OSWER DIRECTIVE #9541.00-12
Table A-1 (Cont'd)
Recent Federal Requirements
Revision Promukja-
Checklist HSWA or FR tlon or
Number Federal Requirement Reference HSWA Date
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.
A-2J
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OSWER DIRECTIVE #9541.00-12
REVISION ATTORNEY GENERAL'S STATEMENT FOB FIN>
AUTHORIZATION FOR CHANGES TO THE FEDERAL
RCRA PROGRAM FROM JANUARY 1983 THROUGH
JUNE 1989
I hereby certify, pursuant to my authority as and In accordance with
Section 3006(b) of the Resource Conservation and Recovery Act, as amended by the
Hazardous and Solid Waste Amendments of 1984 (42 USC 6901 et sea), and 40 CFR
271 that in my opinion the laws of the State [Commonwealth] of provide
adequate authority to carry out the revised program set forth in the revised "Program
Description' submitted by the fState Aoencvl The specific authorities provided are
contained in statutes or regulations lawfully adopted at the time this Statement is signed
and which are in effect now [shall be fully effective by ], as specified
below. These authorities and this certification supplement [or supersede (and Indicate how
supersede)] the previously certified authorities described in my [or my predecessors]
certfflcation(s) of (date or dates).
[Please add an explanation of how the Revision Attorney General's Statement you are
submitting relates to prior Base Program and Revision Attorney General's Statements you
have submitted.] \..
I. IDENTIFICATION AND LISTING
A. State statutes and regulations contain flsts of hazardous waste which
encompass ail wastes controlled under the following Federal regulations as indicated in the
designated Revision Checklists:
(1) Chlorinated alphatfc hydrocarbons, 40 CFR 261.31, as amended February
10, 1984 [49 FR 5308], 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, 1964 (49 FR 19923],
Revision Checklst 7.
(3) TDI. DNT and TDA wastes, 40 CFR 261.32 and 261.33(f), as amended
October 23, 1965 [50 FR 42936], Revision ChecKlst 18.
(4) Spent solvents, 40-CFR 261.31, as amended December 31. 1986 [50 FR
53319} and January 21, 1986 [51 FR 2702], Revision Checklst 20.
(5) 600 waste* 40 CFR 261.32, as amended February 13. 1.986 [51, FR 5330],
Revision Cnecfcist 21 •
(6) Four spent solvents, 40 CFR 261.31 and 261.33(f), as amended February 25,
1966 [51 FR 6541], Revision Checklst 22,
The phrase "OPTIONAL: This Is a reduced requirement* Is used to Indteate
provisions thai either are less stringent or reduce the scope of me program. Any
State which adopts an 'optionaT requirement must ensure that It Is at least as
stringent as the Federal requirement
3.3-4
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OSWER DIRECTIVE #9541.00-12
(7) fQPTIONAL: 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 193201 and September 22, 1986 (51 FR 33612], Revision Checklist
26.
(8) Listing of commercial chemical products and Appendix VIII constituents, 40
CFR 261.33 and Appendix VIII, as amended August 6, 1966 [51 FR 28296],
Revision Checklist 29; as amended July 10, 1987 [52 FR 26012], Revision
Checklist 41; and as amended April 22, 1988 [53 FR 13382], Revision
Checklist 46.
(9) EBOC 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 deflsting 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 delating 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 Checklst 57.
\\
[Federal Authority: RCRA §3001 (b).J
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 contrr! 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 supersedes prior amendments by Revision Checklst 17A) and
Revision Checklst 47 (providing technical corrections to Checklst 23). State statutes and
regulations also require smal quantity generators to certify good faitti efforts to minimize
waste generation and to select the beat available and affordable treatment storage or
disposal alternatives, 40 CFR 262 as amended October 1, 1986 [51 FR 35190}. Revision
Checklst 32 (see Item IX betow).
[Federal Authority: RCRA §300*
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OSWER DIRECTIVE #9541.00-12
constituents) other than those for which the waste was isted would cause
the waste to be hazardous.
[Federal Authority: RCRA §3001 (f)(1); 40 CFR 260.22 as amended July 15, 1985 (50 FR
28702) and June 27, 1989 (54 FR 27114).]
(2) State statutes and regulations require that there be no new temporary delistings
without prior notice and comment. All temporary delistings received before November 18,
1 984 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) as amended July 15, 1985 (50
FR 28702).]
Citation of i aws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
0. fOPTIONAL: This is a reduced requirement] State statutes and regulations
define hazardous waste so as to exclude waste pickle liquor sludge generated by Hme
stabilization, but only to the extent that such waste Is excluded by 40 CFR 261.3(c)(2), aV
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 g
E. [OPTIONAL: This is a reduced requirement] State statutes and regulations
define hazardous waste so as to not exclude household waste other than those household
wastes excluded in 40 CFR 261.4(b)(1)t as indicated in Revision Checklsts 9 and 17C.
[Federal Authority: RCRA §3001; 40 CFR 28t.4(b)(1) as amended November 13, 1984 (49
FR 44980) and Jury 15, 1965 (50 FR 28702).]
Citation of Laws and Reputations: Date of Enactment and Adoption
Remarks of
F. Statftvstalutee and regulations incorporate the most recent edition and updates to
Test Method* far EvaJuaflng Sold Waste, Physical/Chemical Methods' (SW-846) as
indicated in RevWon Checklst» 11 and 35.
[Federal Authority: RCRA §§2002, 3001; 40 CFR 260.11. 260.21 and 270.6(a) aa
amended December 4, 1984 (48 FQ 47390) and March 16, 1967 (52 £B 8072).]
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney Qeneial. -•-- — —--
3.3-6
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OSWER DIRECTIVE #9541.00-12
Q. State statutes and regulations define sold wastes to include the hazardous
components of rabloactive mixed wastes, July 3, 1986 [51 FR 24504]. See State Program
Advisory (SPA) «2.
[Federal Authority: RCRA §§1004(27) and 3001 (b).]
Citation of Laws and Regulations; Date of Enactment and Adoption
Remarks of the Attorney General
H. fOPTiONAL: This is a reduced requirement] State statutes and regulations to
exempt (with certain limitations) waste samples used in small scale treatablWy studies from
Subtitle C regulation as indicated In Revision Checklist 49.
[Federal Authority: RCRA §3001; 40 CFR 260.10 and 261.4(e)A(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 g
Remarks of the Attorney General
IL pewNmoN OP SOUP WASTE
A. State statutes and regulations define hazardous waste and Impose management
standards so as to control ad the hazardous waste controlled under 40 CFR 261, 264, 265
and 266 as indicated in Revision Checklists 13 and 37.
[Federal Author^ RCRA §93061, 3004; 40 CFR 260, 261. 264, 265, and 266 as
amended Januaty 4, 1986 (50 FR 614), April 11,
(50 FR 33541) and June 5, 1987 (52 FR 21306).]
HL MANAQeMEKT C* PKMOM WA3TE3 •
A. State statutes and regulations contain the tosowthg reuAfrsments regs/dmg
dtadn wastes as Indicated in Revision Checklist 14:
3.3-7
-------
OSWER DIRECTIVE #9541.00-12
(1) Dioxin wastes are listed and otherwise Identified as hazardous wastes so as to
encompass ai such wastes controlled under 40 CFR 261.5(e), 261.7(b), 261.30(d), 261.31,
and 261.33(0.
(2) Spedal management and permitting standards for facilities managing dloxln
wastes and prohibitions applicable to permitted and interim status facilities, as provided in
40 CFR Parts 264. 265. and 270.
[Federal Authority: §§3001, 3004; 40 CFR 261, 264, 265 and 270 as amended January
14, 1985 (50 FR 1978).]
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
IV. SATELLITE ACCUMULATION
A. fOPTJONAL: This is a reduced requirement] State statutes and regulations
allow generators to accumulate at the site of generation, without a permit or Interim status.
as much as 55 gallons of hazardous waste or one quart of acutely hazardous waste \-:
provided that the generator complies with the requirements specified in §262.34{c) as
indicated in Revision Checklist 12.
[Federal Authority: RCRA §§2002, 3002. 3004, 3005; 40 CFR 262.34(c) as amended
December 20, 1984 (49 FR 49571).]
Citation of Laws- and Regulations: Date of Enactment and Adoption
/>
Remarks of the Attorney General
V. APPLICABILITY OF INTERIM STATUS STANDARDS
A. State statutes and regulations contain the following requirements regarding
interim status standards as Indicated In Revision Checklsts 3 and 10:
(1) interim status standards apply to fadBtJes identified In 40 CFR 265.1 (b).
[Federal Authority: RCRA §3004; 40 CFR 265 as amended November 22, 1983 (46 FR
52718) and November 21, 1964 (48 FR 46095).]
Remarks of the Attorney General
VI PAINT FILTER TEST
.
A. State statutes and regulations require the us* of a paint filter test to determine
the absence or presence of free Iqufdt in either a containerized or buft waste as Indicated
In Revision Checklsts 16, 17F and 25.
3.34
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OSWER DIRECTIVE ^9541.00-12
[Federal Authority: RCRA §§3004, 3005; 40 CFR Parts 260, 264, 266, and 270 as
amended April 30, 1985 (50 FR 18370), July 15. 1985 (50 FR 28702) and May 28, 1986
(51 FR 19176).J
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
VII. NATIONAL UNIFORM MANIFEST SYSTEM AND RECORDKEEPINQ
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).]
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, fife 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 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 Checklst 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 Ff|4694e>;} -
Citation of Law» and; Reputations: Date of ^Enactment and Adoption
Remarks' of" th«Attorney '(SefieraF ' "~~" " ------
0. fOPTIONAL: This is a reduced requirement] State statutes and regulations
include a burden disclosure statement with each uniform manifest form and renew the use
of this form as indicated In Revision Checklst 58. "~
[Federal Authority: RCRA §§2002 and 3002, and 3003; 40 CFR 262.20 and 262 Appendix
as amended November 8. 1968 (53 FR 45089).
3.3-9
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OSWER DIRECTIVE #9541.00-12
Citation of Laws and Regulations: Date and 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),
264.75 and 265.75.
(2) Facilities must submit groundwater monitoring data annually to the State
Director as indicated in 40 CFR 265.94.
[Federal Authority: RCRA §§3002. 3004; 40 CFR 262. 264 and 265 as amended January
28, 1983 (48 FR 3977) and August 8, 1986 (51 FR 28566).]
Citation of Laws and Regulations: Date of Enactment and Adoption
\\
Remarks of the Attorney General
IX. WASTE MINIMIZATION
A. State statutes and regulations contain the following requirements regarding
waste minimization as indicated in Revision CheckHsts 170, 30 and 32 (see Item I 8
above). £•
(1) Generators must submit report and manifest certifications regarding efforts taken
to minimize the amounts and toxlcity of wastes.
[Federal Authority: RCRA §3002(a)(6), (b); 40 CFR 26Z41, 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: Data of Enactment and Adoption
j*
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 ine permittee
regarding efforts taKen-to minimize the amount and toridty of the generated wastes.
[Federal Authority: RCRA §3005(h); 40 CFR 264.70, 264,73 and 270.30(D(2) as amended
July 15, 1985 (50 FR. 28702).]
Remarks of the Attorney General
3.3-10
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OSWER DIRECTIVE #9541.00-12
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
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OSWER DIRECTIVE #9541.00-12
C. State statutes and regulations provide that wtth 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, 1987 (52 PR 25942).]
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
0. 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, 1968 (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:
•t."
(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.
[Federal Authority: RCRA §3004(q); 40 CFR 266.31 as amended Jury 15, 1965 (50 PR
28702).]
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
(2) Fuate containing hazardous waste and all persona who produce, distribute and
market fuel mnUMng hazardous wastes must be regulated as Indicated In Revision
Checklists 17J and 17IC
[Federal Authority: RCRA §§3004{qHs); 40 CFR 261.31; 266.34 as amended July 15,
1985 (50 FR 28702).]
Citation of Laws and Regulations: Data of Enactment and Adoption
Remarks of the Attorney General
3.3-12
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OSWER DIRECTIVE #9541.00-12
B. fOPTlONAL This is a reduced requirement] State statutes and regulations
providing exceptions to the burning and blending of hazardous waste as specified in
§§3004
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OSWER DIRECTIVE #9541.00-12
[Federal Authority: RCRA §§3004{a)(6); (u); 40 CFR 264.90; 264.101 as amended July 15,
1985 (50 FR 28702).]
Citation of Law* and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
3. State statutes and regulations provide for additional information and engineering
feasibility plan requirements regarding groundwater contamination detected at the time of
Part B permit application as indicated in Checklist 38.
[Federal Authority: RCRA §§3004, 3005; 40 CFR 270.14 as amended June 22, 1987 (52
FR 23447) and September 9, 1987 (52 FR 33936).]
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
C. State statutes and regulations require owners and operators of facilities seeking
permits to provide descriptive information on the solid waste management units themselves
and alt 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 permrt-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 448.
[Federal Authority: RCRA §3004{v); 40 CFR 264.100(e) and 264.101 (c), as amended
December 1, 1987 (52 FR 46788).]
actment and Adoption
E. State statute* and regulations contain the following corrective action
requirements ferjnjodfon waftf o indicated i
(1) Hazardous waste Infection wells now operating under RCRA interim status may
retain Interim status after Issuance of a UIC permit UntH a RCRA permit or a RCRA
•ridef to a UIC permit which addresses Section 3004(u) corrective action, la Issued, the
wed must comply with apptcable Interim status requirements Imposed by 5265.430, Parts
144.146 and 147, and any UIC permit requirements.
- • • .._-..! •' - ~ - . ..i.i
3.3-14
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OSWER DIRECTIVE 1*9541.00-12
[Federal Authority: RCRA §3004(u); 40 CFR 144.1(h) as amended December 1, 1987 (52
Ffl 45788).]
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
(2) As part of the UIC permit process, available information regarding operating
history and condition of the injection well must be submitted as well as any available
information on known releases from the well or injection zone.
[Federal Authority: RCRA §3004(u); 40 CFR 144.31 (g) as amended December 1, 1987 (52
FR 45788).]
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
(3) UIC facility owners/operators must submit certain information related to
corrective action with their UIC applications.
[Federal Authority: RCRA §3004(u); 40 CFR 270.60(b)(3) as amended December 1, 1987'.
(52 FR 45788).]
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
F. State statutes and regulations require that miscellaneous unit comply w**h
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
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OSWER DIRECTIVE #9541.00-12
XV. STANDARDS FOR FACiLITICS*
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
plies, 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
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OSWZR DIRECTIVE #9541.00-12
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 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 u
Remarks of the Attorney General
G. State statutes and regulations require compliance wttn dosure/post-ctosure and
financial responsibility requirements applicable to owners and operators of hazardous waste
treatment storage and disposal facilities, as indicated in Revision Checklsts 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 Reoutetftens; Date of Enactment and Adootton
Remarks of the Attorney General
H. fOPTTONAL: TTtft Isj reduced requirement] State statutes and regulations
allow queJfled companies that treat store or dispose of hazardous waste to use a
corporate guarantee to satisfy lability assurance requirements as indicated In Revision
Checklists 27 and 43.
[Feden^ AutNjrftyV RCRA «200Z 3004, and 3005; 40 CFR 204.147, 264.1 Sir and
265.147 as amended July 11. 1966 (51 FR 25350) and November 16.1967 (52 FR
44314).]
of * yws and: Rsoufrttfons; Date of Enactment and Adoption
«
Remarks of the Attorney General -
3.3-17
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OSWER DIRECTIVE #9541.00-12
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 Checklsts 28 and 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 PR 25422).
August 15, 1986 (51 FR 29430) and September 2. 1988 (53 FR 34079).j
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 procedures; and
post-closure care for miscellaneous units as indicated in Revision Checklist 45.
[Federal Authority: RCRA §§3004 and 3005; 40 CFR 264.600, 264.601, 264.602. and
264.603 as amended December 10. 1987 (52 FR 46946).]
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General \\
XVI. REQUIREMENTS FOR PERMTTS
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 modJflcatton of such permits as necessary to assure compiance with the
requirements In Ptrt» .124, 260 through 266, and 270, as Indteated In Revision Checklist
17N.
[Federaf AutnbAK*rRCRA S3006(cj(3^40 CFR 270.41 (0(6). 270.50(0) aa amended July
.15, 1985 (50 FH 28702).)
Citation at Laws and Reputations: Date of Enactment and Adoption
Remarks of the Attorney General ._ ' ' -r-
C. State statutes and reguldtont njqulni permits to coftftfn any condNlona
necessary to protect human health and the environment In addMon to any oondNona
required by regulations as indcated In Revision Checklst 17O.
3.3-18
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OSWER DIRECTIVE *9541.00-12
[Federal Authority: RCRA §3005(c)(3); 40 CFR 270.32(b) as amended July 15, 1985 (50
FR 28702).]
Citation of Laws and Regulations; Date of Enactment and Adoption
Remarks of the Attorney General
0. 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 u
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 Jury 15, 1985 (50 FR
28702).]
Citation of Laws and Reputations: 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 Checkflst
17P.
[Federal Authority! RCRA §3005(c)(2)(C); 40 CFR 270.73(e) as amended Jury 15, 1985
(50 FR 287027.J
Remarks of the Attorney General
(4) Interim status~temiinates for any fadlty other then a land Disposal or an
incineration fad«y by 11/8/92 unless the owner/operator submits a Part B appftcatfon by
11/8/88 a* Indicated in Revision CbacKitet 17R . - - ~ - -
' . . ' \
3.3-19
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OSWER DIRECTIVE #9541.00-12
[Federal Authority: RCRA §3005(c)(2)(C); 40 CFR 270.73(0 as amended July 15, 1985 (50
FR 28702).)
Citation of Laws and Regulations; Date of Enactment and Adoption
Remarks of the Attorney General
E. fOPTiONAL: This is a reduced requirement] State statutes and regulations
allow facilities to quality 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 270.70(a) as amended July 15, 1985 (50 FR
28702).]
Citation of Laws and Regulations; Date of Enactment and Adoption
Remarks of the Attorney General
F. State statutes and regulations provide that facilities may not qualify for interim
status under the State's analogue to Section 3005(e) if they were previously denied a
Section 3005(c) permit or if authority to operate the facility has been terminated as \
indicated in Revision Checklist 17P. I -v
[Federal Authority: RCRA §3005(c)(3); 40 CFR 270.70(c) as amended Jury 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 3 times) for any hazardous waste treatment fadtty which proposes an
innovative and experimental hazardous waste treatment technology or process not yet
regulated as indicated In Revision Checkflst 17Q. If adopted, however, the State must
require the fadHty to meet RCRA's flnandal responsibility and pubic 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 Jury 15, 1985 (50 FR
28702)]
and Adoo>!on
Remarks of the Attorney General
H. State statutes and regulation* require landfills, surface Impoundment*, land
treatment units, and wast* piles that received wast* after July 26, 1982 and which qualify
for interim status to comply wtth the groundwater monitoring, unsaturatad zone monitoring,
and corrective action requirements appfcabto-to new units at tt» tftnt of permming as
indicated in Revision Checklst 17L
3.3-20
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OSWER DIRECTIVE #9541.00-12
[Federal Authority: RCRA §3005(1); 40 CFR 264.90(a) as amended July 15, 1985 (50 FR
28702).J ,
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)J 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)J or to stop treating,
receiving, or storing hazardous waste, unless the surface impoundment qualifies for a
special exemption under §30050).
[Federal Authority: RCRA §3005(j)(6)(A).J
Citation of Laws and Regulations; Date of Enactment and Adoption
Remarks of the Attorney General
V\
(2) Surface impoundments to comply with the double Knar, leachate collection and
ground-water monitoring requirements if the Agency allows a hazardous waste prohibited
from land disposal under §3004
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OSWER DIRECTIVE #9541.00-12
K. Staftt 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 44O.
[Federal Authority: RCRA §30G5(c); 40 CPR 270.41 (a)(3) as amended December 1, 1987
(52 FR 45788).]
Citation of Laws and Regulations; Date of Enactment and Adoption
i
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 y
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, 1?T7 (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, wast* piles and land treatment units receiving hazardous waste
after Jury 26. 1982 as Indicated In Revision Checklist 44G.
[Federal Authority: RCRA $30050); 40 CFR 270.1(c) as amended December 1, 1987 (52
FR 45788).],. ._
Citation of Law* and Reputations; Date of Em
Remarks of the Attorney General
O. State statutes and regulations require that afl owners and operators of units that
treat, store, or dispose of hazardous waste to miscatanaoua units must comply wtth the
general appftcation requirements (Including Part A permit requirements), the Part B general
applcation requirements of §270.14, and specific Part B Information requirements for
miscellaneous units as fndcafed In Revision Chacklst 45 and Revision Checklst 59.
3.3-22
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OSWER DIRECTIVE #9541.00-12
[Federal Authority: RCRA §§3004 and 3005; 40 CFR 264.600, 270,14 and 270.23 as
amended December 10, 1987 (52 FR 46946) and January 9, 1989 (54 FR 615).]
Citation of Laws and Regulations; Date of Enactment and Adoption
Remaps of the Attorney General
P. fOPTlONAL: This is a reduced requirement] State statutes and regulations
provide owners and operators more flexibility to change specified permit conditions, to
expand public notification and participation opportunities, and allow for expedited approval if
no public concern exists for a proposed permit modification. Owner/operator permit
modifications are categorized into three classes with administrative procedures for approving
modifications established in each class. These changes are as indicated in Revision
Checklist 54.
[Federal Authority: RCRA §§2002(a). 3004, 3005, and 3006; 40 CFR 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 u
Q. State statutes and regulations make it clear that existing Incinerator facilities
must either conduct a trial bum or submit other information as specified In 270.19(a) or (c)
before a permit can be issued for that facility as indicated in Revision CheckBst 60.
[Federal Authority: RCRA §3005(b); 40 CFR 270 as amended January 30, 1989 [54 FR
4286).]
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
R. [OPTIONAL: This is a reduced requirement] State statutes and regulations
allow greater flexibility to interim status facilities to make changes during interim status
following director approval.
[Federal Authority: RCRA §$2002(a), 3004, 3005, 3006; 40 CFR 270.72 as amended
March 7, 1989 (54 FR 9596).] ~
Citation of Law* and Reputations: Dt
Remarks of the? Attorney General
S. [OPTIONAL: This is • reduced requirement] State statutes and regulations lift
the reconstruction limit for changes: 1) to certain Interim status units necessary to comply
with Federal, State, or local requirements, 2) necessary to alow continued handing of
newly Isted or Identified hazardous waste, 3) made In accordance wtth an approved
closure plan, and 4) made pursuant to a corrective action order at indfeatsd In Revision
Checklst61, • ' -
3.3-23
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OSWER DIRECTIVE 39541.00-12
[Federal Authority. RCRA §§2002(a), 3004. 3005, and 3006; 40 CFR 270.72 as amended
March 7, 1989 (54 FR 9596).J
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
T. fOPTIONAL: This is a reduced requirement.] State statutes and regulations
that clarify that a permit can be denied for the active life of a facility while a decision on
post closure permitting is pending as indicated in Revision Checklist 61.
[Federal Authority: RCRA §§2002(a), 3004. 3005, and 3006; 40 CFR 124.1, 124.15.
124.19, 270.1, 270.10 and 270.29 as amended March 7. 1989 (54 FR 9596).]
Citation of Laws and Regulations; Date of Enactment and Adoption
Remarks of the Attorney General
U. fOPTIONAL This is a reduced requirement] State statutes and regulations
that classify as Class 1 certain permit modifications requested by owners/operators
necessary to enable permitted facilities to comply with the land disposal restrictions as \\
indicated in Revision Checklist 61. Specifically these modifications Include 1) adding
restricted wastes treated to meet applicable 268 treatment standards or adding residues
from treating 'soft hammer" wastes, 2) adding certain wastewater treatment residues and
incinerator ash, 3) adding new wastes for treatment In tanks or containers under certain
limited conditions, and 4) adding new treatment processes, necessary to treat restricted
wastes to meet treatment standards, that take place in tanks or containers.
[Federal Authority: RCRA §§2002(a), 3004, 3005 and 3006; 40 CFR 270.42 as amended
March 7, 1989 (54 FR 9596).]
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
XVII. MINIMUM TECHNOLOGICAL REQUIREMEMTS
A. State statutes and regulations require that new units, expansions, and
replacements of interim status waste piles meet the requirements for a single Bner and
leachate collection system In regulations appBcabte to permitted wast* piles as indicated In
the Revision CfwcMst 17R
[Federal Authority: RCRA §3015(a); CFR 265.254 as amended July 15. 1985 (50 FR
28702).]
Citation of Laws and Regulations: Date of Enactment and Adoption,
Remarks of the Attorney General
B. State statutes and regulation require ttafc
3.3-24
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OSWER DIRECTIVE #9541.00-12
(1) New unHs, expansions, and replacement units at interim status landfills and
surface Impoundments and permitted landfills and surface impoundments meet the
requirements for double liners and teachate collection systems applicable to new permitted
landfills and surface impoundments in 40 CFR 264.221 and 264.301 and 265.221 and
265.301 as indicated in Revision Checklist 17H.
(2) fOptionai: 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.
(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, 265.221 and 265.301 as amended
July 15, 1985 (50 FR 28702).]
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
V\
XVIII. EXPOSURE ASSESSMENTS
A. State laws and regulations require permit applicants for landfills or surface
impoundments to submit exposure information as indicated in Revision Checkflst 17S.
[Federal Authority: RCRA §3019(a); 40 CFR 270.100) as amended July 15, 1985 (50 FR
28702).] /
Citation of Laws and Regulations; Date of Enactment and Adoption
Remarks of the Attorney General
6. 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
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OSWER DIRECTIVE #9541.00-12
(2) Alt 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; deflsting 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, 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 0 of the SCRAM.
fOptional: Where the State agrees to implement selected provisions through the use of a
Memorandum of Agreement (MOA) the Attorney General must certify that "The State has
the authority to enter into and carry out the MOA provisions and there are no State
statutes (e.g., State Administrative Procedures Acts) which require notice and comment or v\
promulgation of regulations for the MOA procedures to be binding.]
(5) [OPTIONAL: The State statutes and regulations protect Confidential Bus/ness
Information (CBI) to the same degree as indicated in 40 CFR 2 and the Revision Checklist
in Appendix 0 of the SCRAM. Note, that States do not have to protect CBI, to satisfy
3006(0. However, if a State does extend protection to CBI then it cannot restrict the
release of information that EPA would require to be disclosed.]
f-
[Federal Authority: RCRA §3006{f); 40 CFR §271.17(c).J
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 wass» toe* and used oil fuel for energy recovery In boilers and Industrial
furnaces as indfcafttd In Revision Checkist 19:
, _:
(1) Watt* fusto and used oil fuetrara Identified as sold wastes so as to
encompass aft 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 wasta and used oil burned for energy. *• provided in 40 CFR
264.340, 265.340, 266.30-35 and 266.40-45. ,
'. r
[Federal Authority: RCRA §§3001, 3004. 3014(a); 40 CFR 261} 264, 265 and 266 as
amended November 29, 1965 (50 FQ 49164), November 19. 1966 (51 ffi 41900) and April
13. 1967 (52 FR 11619).]
3.3-26
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OSWER DIRECTIVE #9541.00-12
i
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.
[Federal Authority: RCRA §§3006(h), 3008(d), 3014; 40 CFR 271.16.J
Citation of Laws and Regulations; Pate 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 dioxJn-containing hazardous wastes as indicated In Revision
Checklists 34, 39, and 50.
[Federal Authority: §3004(d)-(k) and (m); 40 CFR 260, 261. 262, 263. 264, 265. 268 and''
270 as amended on November 7. 1986 (51 FR 40572), June 4, 1987 (52 FR 21010), July
8, 1987 (52 FR 25760), and August 17, 1988 (53 FR 31138).]
Citation of Laws and Regulations; Date of Enactment and Adoption
Remarks of the Attorney General
f~
B. State statutes and regulations for restricting the disposal of certain California list
wastes, including liquid hazardous waste containing polychtorinated biphenyls (PCBs) above
specified concentrations, and hazardous waste containing hatogenated organic compounds
(HOCs) above specified concentrations as indicated in Revision ChecKBsts 39 and 50.
[Federal Authority: RCRA §3004(d)-(k) and (m); 40 CFR 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 31138).J
Citation of Laws and Refutations; Date of Enactment and Adoption
Remarks of
C. State statute* and regulations for specific treatment standards and effective
dat
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OSWER DIRECTIVE #9541.00-12
Remarks of th« Attorney General
O. State statutes and regulations for certain treatment standards and prohibition
effective dates for certain Second Third wastes and for imposing the 'soft hammer"
provisions of 40 CFR 268.8 on Second Third wastes for which the Agency is not
establishing treatment standards as indicated in Revision Checklist 63.
[Federal Authority: RCRA §3004(d)-(k) and (m); 40 CFR 268 as amended June 23, 1989
(54 FR 26594).]
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
E. State statutes and standards for treatment standards and effective dates for
certain First Third "soft hammer* wastes as well as for certain wastes originally contained
in the Third Third of the Schedule as indicated in Revision Checklist 63.
[Federal Authority: RCRA §3004(d)-(k) and (m); 40 CFR 264, 265 and 268 as amended
June 23, 1989 (54 FR 26594).]
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
XXII. MEMORANDUM OF AGREEMENT (MOA)
[If the State uses the MOA to satisfy Federal procedural requirements, the Attorney
General must certify the following:
(1) The State has the authority to enter Into the agreement
(2) The State has the authority to carry out the agreement and
(3) No applicable State statute (Including the State Administrate Procedure Act)
requires that the procedure be promulgated as a rule in order to be binding.]
3.3-28
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Seal of Offlc*
OSWER DIRECTIVE #9541.00-12
Signature
Name (Type or Print)
Title
Date
3.3-29
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OSWER DIRECTIVE *9541.00-12
The following revised Revision Checklist 45 should
replace the previous version of this checklist
-------
OSWER DIRECTIVE #9541.00-12
RCRA REVISION CHECKLIST 45
Hazardous Waste Miscellaneous Units
52 FR 46946-46965
December 10, 1987
(Non-HSWA Cluster IV)
Note Revision Checklist 59 (January 9. 1989, 54 FR 615) contains technical corrections to the
final rule addressed by Revision Checklist 45. States are encouraged to make the Revision
Checklist 59 corrections when adopting the requirements addressed by Revision Checklist 45.
FEDERAL
REQUIREMENT
FEDERAL RCRA CfTATlON
PART 144 -
ANALOGOUS
STATf CITATION
sTM^ ANALOa is
BUwlY*
ALENT
STRINGENT
BROADEH
IN SCOPE
UNDERGROUND INJECTION CONTROL PROGRAM
SU8PART D - AUTHORIZATION BY PERMIT
v\
APPLICATION FOR A PERMIT: AUTHORIZATION BY PERMIT
add sentence referring
to Suboart X
144.31 fa)
PART 260 - HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL
SUBPART B • DEFINITIONS
DEFINITIONS
revise "landfill"
add "miscellaneous
unit"
260.10
260.10
PART 264 • STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS
WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SUBPART 8 • GENERAL FACILITY STANDARDS
APPLICABILITY
reference to
Suboart X
264.10(b)
GENERAL INSPECTION REQUIREMENTS
AddWon end omission
of SDectfic cltftoons
264.15(b)(4)
i
Dwtmber 10. 1967 • Pag* 1 of 5
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OSWER DIRECTIVE #9541.00-12
RCRA REVISION CHECKUST 45: Hazardous Waste
Miscellaneous Units (confd)
FEDERAL REOUmCMEKr
FEDERAL RCRA CITATION
ANALOGOUS
STATE CITATION
EQUIV-
ALENT
MOHfe
STRINGENT
BHOAO6H
IN SCOPE
LOCATION STANDARDS
add reference to
"miscellaneous
units"
264.18(bH1Hil)
SUBPART E - MANIFEST SYSTEM, RECORDKEEPINQ, AND REPORTING
OPERATING RECORD
corrective action;
chance references
264. 73 (b) (6)
?
SUBPART F • RELEASES FROM SOLID WASTE MANAGEMENT UNITS
APPLICABILITY
add new paragraph
on miscellaneous units
264.90(d)
SUBPART G - CLOSURE AND POST-CLOSURE
CLOSURE PERFORMANCE STANDARD
addition of
specific references
264.1 11(c)
CLOSURE PLAN: AMENDMENT OF PLAN
Director; add
reference
264.112(3) (2)
DISPOSAL OR DECONTAMINATION OF EQUIPMENT. STRUCTURES. AND SOILS
addition of
specific references
POST-CLOSURg CARE
addition of
SuboaifX*
addition of
Suboait "X"
264,114-
AND USE OF PROPEF
284.11 7fa)(1)fl)
264.117(a)(1)fln
1
TY
POST-CLOSURE PLAN: AMENDMENT OF PLAN
addttlonof
Suboait 'X'
addition of
Suboart *X"
284,11 8(bM1>
284.11 8(bU2)(n
t
%
December 10. 1987 - Pag* 2 of 5
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OSWER DIRECTIVE #9541.00-12
RCRA REVISION CHECKLIST 45: Hazardous Waste
Miscellaneous Units (cont'd)
FEDERAL REQUIREMENT
addition of
Suboart "X"
FEDERAL RCRA CITATION
264.118(b)(2HH)
ANALOGOUS
STATE CfTATION
EQUIV-
ALENT
srAHfe ANALoa :s
MORc
STRINO6MT
BROADER
IN SCOPE
SUBPART H - FINANCIAL REQUIREMENTS
COST ESTIMATE FOR CLOSURE
addition of
specific references
264.142(a)
COST ESTIMATE FOR POST-CLOSURE CARE
disposal miscellaneous
unit: add references
264.144(3)
LIABILITY REQUIREMENTS
\\
miscellaneous
disoosal unit
264.147(5)
SUBPART X • MISCELLANEOUS UNITS
APPLICABILITY
to whom
retirements apply
264.600
%"
ENVIRONMENTAL PERFORMANCE STANDARDS
introductory paragraph
regarding human
health and the
environment
prevention of releases
to around water
characteristics of
waste
characteristics of
unit
existing quaJKy of
around water
around-water flow
around-water users
pattern* of tend use
deposition or
mioralfon of wastes
•
264.601
264. 601 (a)
264.601 (aid)
264.601 (a)(2)
264.601 (aH3)
264.601 (a)(4)
264.601 (a)(5)
264.601 («H6)
264601faU7)
-
»
_.
\
December 10, 1967 • Page 3 of 5
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OSWER DIRECTIVE #9541.00-12
RCRA REVISION CHECKLIST 45: Hazardous Waste
Miscellaneous Units (cont'd)
FEDERAL REoumeMENT
potential for
health risks
potential for damage
caused bv exposure
prevention of releases
to surface waters and
soil
characteristics of
waste
migration prevention
systems and
structures
hydrologic
characteristics
precipitation
patterns
ground-water flow
proximity to
surface waters
current and
potential uses
existing quality of
surface waters and
soils
patterns of land
use
potential for
health risks
potential for damage
caused by exposure
prevention of
releases to the air
characteristics
of waste
emission prevsrttofi
systems and
structures
operating
characteristics
characteristics
of unit and are*
existing gualty
of- air
potential for
health risks
FEDERAL RCRA CITATION
264.601 (a)(8)
264.601 (aH9)
264.60Kb)
264.601 (DUD
264.601 (b)(2)
264.601 (b)(3)
264.601 (bH4)
264.601 (b)(5)
264.601 (b)(6)
264.601 (b)(7)
264.601 (b)(8)
264.601 (bH9)
26a.6CWb)(10)
264.601(bU11)
264.6OHc)
264.801 fcH1)
264.601 fc)(2)
264.601 (c)(3)
264.601 (C)f4)
264601fc)(5)
264.601 (cm
ANALOGOUS
STATE CITATION
-
,;
_ . ,-, - - "•"'"
f • •
STATE ANALM IS
EOUIV-
ALfiNT
...---
MOHE
STRtNOEMT
/"
8ROAC5H
IH SCOPE
\\
December 10. 1967 - Pagt 4 of 5
-------
OSWER DIRECTIVE #9541.00-12
RCRA REVISION CHECKLIST 45: Hazardous Waste
Miscellaneous Units (cont'd)
FEDERAL. REQUIREMENT
potential for damage
caused bv exposure
FEDERAL RCRA CITATION
264.601 M(T>
ANALOGOUS
STATE CITATION
ALENT
' STATE ANALM IS
STRINGENT
8HOAD5H
IN SCOPE
MONITORING,
compliance
requirements
ANALYSIS. INSPECTION. RESPONSE
264.602
REPORTING.
AND
CORRECTIVE
ACTION
POST-CLOSl
IRF
CARE
post-closure
requirements
?R4
603
PART 270 - EPA ADMINISTERED PERMIT PROGRAMS: THE
HAZARDOUS WASTE PERMIT PROGRAM
\ \
SUBPART B - PERMIT APPLICATION
CONTENTS OF PART B: GENERAL REQUIREMENTS
changes in specific
citations
changes in specific
citations
27014
NTS FOR MISCELLANEOUS UNITS
f
\
December 10. 1967 • Pmgt 5 of 5
-------
OSWER DIRECTIVE #9541.00-12
The following page should replace the
first page of Revision Checklst 46.
-------
OSWER DIRECTIVE 49541.00-12
RCRA REVISION CHECKLIST 48
Technical Corrections; Identification and Listing
of Hazardous Waste
53 FR 13382-13393
April 22, 1988
(Non-HSWA Cluster IV)
Note: This checklist makes extensive technical corrections to the lists of commercial chemical
products that are hazardous wastes when discarded (40 CFR 261.33(e) and (f)) and to the list of
hazardous constituents (Appendix VIII of 40 CFR Part 261). Because these same lists are also
addressed by Revision Checklist 29, States may seek authorization for this checklist without the
need to first obtain authorization for Checklist 29.
FEDERAL REQUIREMENT
FEDERAL RCRA CITATION
ANALOGOUS
STATB CrTATION
ALENT
STATE ANAL
STRINGENT
OQ IS
IN SCOPE
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
listJnos
261.33M
•*?#
••«>• «Mtr«cts MO.
NO. I
107-20-0
3*1-0»-2 '
540-1K7
«>003
»070
0004
POOS
poor
POM
POO*
Put
POiO
P012
P011
POM
POM
POM
P01J
PW4
POT?
HS-0*.3
309-00-2
i07-t»-» ! A*|«
2783-9*4
S04-24-S
131.744
7*03-SS-«
Apdl 22, 1968
1 of 14
-------
OSWER DIRECTIVE 19541.00-12
The following page should replace the first page
of Revision Checklist 47
-------
OSWER DIRECTIVE #9541.00-12
RCRA REVISION CHECKUST 47
Identification and Listing of Hazardous Waste;
Technical Correction
53 FR 27162-27163
Jury 19, 1988
(HSWA Cluster II)
Note: This is a technical correction to the March 24, 1986, 51 FR 10174 addressed by Revision
Checklist 23. States already authorized for Revision Checklist 23's provisions should adopt these
technical corrections as soon as possible. States not yet authorized for Revision Checklist 23's
provisions are encouraged to adopt these technical corrections at the same time the requirements
addressed by Revision Checklist 23 are adopted.
FEDERAL REQUIREMENT
FEDERAL RCRA CITATION
ANALOGOUS
STATE CITATION
ALENT
STATE ANALOG IS:
uws
STRINGENT
BROADER
IN SCOPE
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
262.34O)
26 1.5(e)
281 .smm
July 19. 1988 • Ptg« 1 of 1
-------
OSWER DIRECTIVE #9541.00-12
The following revised Revision Checklist 48 should
replace the previous version of this cheokHst
-------
OSWER DIRECTIVE #9541.00-12
RCRA REVISION CHECKLIST 48
Farmer Exemptions; Technical Corrections
53 FR 27164-27165
July 19, 1988
(HSWA Cluster II)
This is a technical correction to the August 8, 1988, 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
States which are not authorized for Revision Checklist 31 are encouraged to adopt these present
technical corrections at the same time the requirements addressed by Revision Checklist 31 are
adopted. States already authorized for the provisions addressed by Revision Checklist 31 should
adopt these present technical corrections as soon as possible.
FEDERAL REQUIREMENT
FEDERAL RCRA CITATION
ANALOGOUS
STATE CITATION
ALENT
STATE ANALOG IS:
STRINGENT I \1N SCOPE
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 AND APPLICABILITY
chang* 262.51
reference to 262.70
1 264.1faM4)
PART 265 • INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF
HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
July 19. 1968 - Pag* 1 of 2
-------
OSWER DIRECTIVE #9541.00-12
RCRA REVISION CHECKLIST 48: Farmer Exemptions;
Technical Corrections (cont'd)
FEDERAL flEOUIftEMBTr
FEDERAL PCRA crTATtON
ANALOGOUS
STATI CITATION
STA'E ANALOG is
EQUIV-
ALENT
MORE BROADER
STRINGENT IN SCOPE
SUBPART A - GENERAL
PURPOSE. SCOPE AND APPLICABILITY
change 262.51
reference to 262.70
285.1fc)(8)
PART 268 - LAND DISPOSAL RESTRICTIONS
SUBPART A - GENERAL
PURPOSE. SCOPE
AND
change 262.51
reference to 262.70
APPLICABILITY
268.1(cH5)
\\
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
270.1(c)(2)fll)
1
Technical corrections to §262.51 and §262.70 dted by this FR were previously addressed by
Revision Checklist 39; thus, there is no need to address them In this checklist
July 19, 1988 - Page 2 of 2
-------
ATTACHMENT D
Revision Checklist Linkage Table
-------
OSWER DIRECTIVE #9541.00-12
Revision Checklist Linkage Table
as of June 30, 1989
Revision
Checklist Number
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
Linked
Checklists
17D, 30
...
10
...
170,32.58
...
...
—
17C
3
35
—
37
...
_
Topic or Explanation
Biennial Report
Permit • Settlement Agreement*
Interim Status • Applicability
Chlorinated Aliphatic Hydrocarbon Listing
National Uniform Manifest Requirements
Permit • Settlement Agreement'
Warfarin & Zinc Phosphate Listing
Ume Stabilized Pickle Liquor Sludge
Household Waste Exclusion
Interim Status • Applicability \
Corrections to Test Methods Manual A
Satellite Accumulation
Definition of Sofld Waste
Dloxin Waste Listing and Management
Standards
Landfill Interim Status
16 25 Paint Filter Test
17A 23,42,47 Small Quantity Generators
17B — Dellstlng
17C 9 Household Waste Exclusion
17D -1,5,30,32,58 Biennial Report/National Uniform Manifest
17E — Saft Domes, SaJt Beds, Underground
Mines and Caves Standards
17F — Uquids in Landfills
17Q •"— Dust Suppression
17H — Double Unere
171 — Ground-Water Mentoring
17J - Ceme** Wins
17K - Fuel Labeling
17L — Corrective Action
* • ' Continued..
'While Revision Checklsts 2 and 6 address simitar topics, they affect different sections
of code.
1
-------
OSWER DIRECTIVE #9541.00-12
Revision Checklist Linkage Table (Confd)
Revision
Checklist Number
Linked
Checklists
Topic or Explanation
17M
17N
170
17P
17Q
17R
17S
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
31,48
22
20
17A.42.47
16
43
52
46
1,170
17R.48
5,170,58
39,50.62,63
U
13
34.50.6i63
Pre-construction Ban
Permit Life
Omnibus Provision
Interim Status
Research and Development Permits
Hazardous Waste Exports
Exposure Information
TDI, TDA, & DNT Listing
Waste fuel/Used Oil Fuel
Spent Solvents Listing
EDB Waste Listing
Four Spent Solvents Listing
Small Quantity Generators
Financial Responsibility • Settlement
Agreement
Paint Filter Test
Spent Pickle Liquor Listing /•
Corporate Guarantee
Hazardous Waste Tank Systems
Listings - 261.33(e)A(f) and Associated
Appendices
Biennial Report
Exports of Hazardous Waste
National Uniform Hazardous Waste
Manifest
EDBC Listing
Land Disposal Restrictions
Corrections - Test Methods Manual
Surface Impoundments: Closure/Post
Closure Cam
Definition of Sold Wast*
Part B Information Requirements
Amendment
Land Disposal Restrictions
\\
Continued.
-------
OSWER DIRECTIVE #9541.00-12
Revision Checklist Unkage Table (Conf d)
Revision
Checklist Number
Linked
Checklists
Topic or Explanation
40
41
42
43
44A
44B
44C
440
44E
44F
44Q
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
17A.23.47
27
54
59
29
17A.23.42
17R.31
34.39.6Z63
28
440
5,170.32
45
List of Hazardous Constituents for
Ground-Water Monitoring
Container/Liner Residues
Small Quantity Generators
Corporate Guarantee
Permits/Corrective Action
Corrective Action Beyond Facility
Boundary
Corrective Action for Injection Wells
Permit Modification
Permit as a Shield Provision
Permit CondWons/Health-Environment
Post-Closure Permits, Scope of
Requirement
Miscellaneous Units
Listings 261.33(e).(f) and Associated
Appendices
Small Quantity Generators
Hazardous Waste Exports
Sample Exemption
Land Disposal Restrictions
Uabitty Coverage
Hazardous Wast* Tank Systems
Smelting Waste Listing
Permit Modification
Ground-Water Monitoring Statistical
Methods
Iron Dextran Listing Removal
Strontium Sulflde Listing Rt.noval
National Uniform Manifest
Miscellaneous Units
Incinerator Permits
f
Change* to Interim Stan* FadltJes
Reoonttnjctkxv UmH§ -•--
Continued.
-------
Revision Checklist Linkage Table (Conf d)
Revision Linked
Checklist Number Checklists Topic or Explanation
54 Modifications to Hazardous Waste
Management Permits
62 _ -~ M Procedures for Post-closure Permitting
2? 2f'?!'?°t63 Land Disposal Restrictions
63 34,39,50,62 Land Disposal Restriction
These are checklists affecting the lists of hazardous waste in 40 CFR 261, Subpart D.
------- |