United Stata*
Environmental ProtactioB
Agamy
Offica of
Solid Wart* end
Emargancy Raspons*
DIRECTIVE NUMBER: 9541.0O-16
TITLE: State Program Advisory f 10
APPROVAL DATE: July 28, 1992
EFFECTIVE DATE: July 28, 1992
ORIGINATING OFFICE: Office of Solid Watt*
FINAL
DRAFT
STATUS: D A - Pending OMB Approval
Q B - Pending AA-OSWER Approval
REFERENCE (Other Documents):
OSWER Directive f9840.0O-09A
OSWER OSWER OSWER OSWER
DIRECTIVE DIRECTIVE DIRECTIVE
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&EPA
United State* Environmental Protection Agency
Washington, DC 20460
OSWER Directive Initiation Request
1. Directive Number
9541.0O-16
2. Originator Information
Nam* of Contact Person
Kecly Clifford
Mail Cod*
5303W
Office
OSW/PSPD/SRPB
Talapnona Number
703-308-876*
3. Title
State Program Advisory #10
4. Summary of Directive (indudo brief statement of purpose) TM« Dlrectlre updates the State Authorisation
Manual (SAM), covering RCRA program changes for the period of July 1 - December 31, 199O. SPA
10 contains three new revision checklists and four revised existing checklists. A revised Model
Attorney General's Statement and other revised SAM materials are also included.
5. Keywords
State Authorization / RCRA / State Program / Guidance
6a. Does This Directive Supersede Previous Directive(s)?
b. Does ft Supplement Previous Directive(s)?
No Yes What directive (number. titie>
No IX I Yea What directive (number, title)
Supplements OSWER
Directive f954O.OO-08A
7. Draft Level
D
A - Signed by AA/DAA
B • Signed by Office Director C • For Review 4 Comment I I o - In Development
8.
Document to
be distributed to
States
by Headquarters?
X
Yea
D
No
This Request Meets OSWER Directives System Format Standards.
9. Signature of Lead Office Directives Coordinator
A.
sfrvt
Coordinator
Data
7/28/92
1 0. Name and Title of Approving Official
Sylvia K. Lowrance, Director, OSW
Data
7/28/93
EPA Form 1315-17 (Rev. 547) Previous editions are obsolete.
OSWER OSWER OSWER OSWER
DIRECTIVE DIRECTIVE DIRECTIVE
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OSWER Directive S9541.00-16
UNITIO STATES iNVlRONMCNTAt PROTECTION AQCNCY
WASHINGTON, D.C. 2»ffQ
JUL2819S2 •
OFflMOf
MflFOMff
MKMOBANfiUM
stata program* Advisory ifumbar Tta
PRCNl
TOt
K. Lovranea, OJ
fica of Solid waata
Jfanag«MntFgJ,y;iaita: Wractor*
Stata and Kagional Program*
ia»ua* Btata Program* Adviaoria* (SPA*) as]
polieiaa, regulation*, and salf»implamantf
COM into affact. Thaaa 8PA*. updat*, tha
'Manual (BAM). which assists Btataa and R<
fitata* for tha BORA program.
* t
Tha atta«had SPA 10 eovar* RCRA p;
par-tod July i through Dacaabar 31, 1990.
are thraa nav raviaion ehackli.*ta and four
ebackliat*. A raviaad Modal Attorney
othar raviaad SAK material* ara al*o incl
Baginning with thia SPA* tha
ChaeklUt* will not ba inelndad in tha
SPA*. Hovavar. tha*a Conaolidatad CtoaowAj
raquaat, both in hard copy and alaotronlo
ia a ratult of auggaation* by a Quality A<
baan aaaaaalng hov wo can iaaua SPAf vlth
information in a rnora timaly mannar. A mr
Rational Program* Branch transmitting all
eontant a* vail .a* procaduraa for it* diat
to you ahortly.
(SXPB) pariodioally
naw XC8& program
it*
atatutory provision*
Authorltatioti
in authoriilng
ohanga* for th*
r»cludad in toi* SPA
! raviaad axiating
[al«* Statanant and
raa Conaolidatad
il di*tribtttion of
ara availabla on
torvat** Thia ohanga
lion Taaa vhich ha*
•oat partinaat
fro* th« stata and
ejhanf** in SPA
libation will ba cant
saah sagiaa 1* aakad to diatxiimta tha! SPA to thait Stataa.
tha attaehad hard copy, thi* IPA ia availabla on
diokatta, and ia «l*o on tha SRPB BuilatinJBoard Sarvica whioh i»
availabla to Xagiona and Btataa at no oharda by calling 1-flOO-
241-2793. ' ^
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OSWER Directive #9541.00-16
If you hay* qu«»tion» about th«*« »at*rial«. pi MM oontfcot
ftiehar* LftdhU*, Chi** of th« R*gioi»l C
Sootion^ at ITt 160-3210,
eoi 9puo«
RCKA Branch Chiefs. Itogion* I - X
8«»t* Program «Mtion ehiaf*, RMion«]z - X
8RPB Attthoriiation U»l
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SPA 10
Summary for State Program Advisory Teh
The following points briefly highlight the content of SPA 10. These points are organized by
topic.
Checklists
a. New
This SPA provides three new Revision Checklists (Numbers 80 through 82)
for the period July 1, 1990 through December 31, 1990. All checklists were
placed in RCRA Cluster I. Revision Checklists 80 and 81 contain only
HSWA provisions, while Revision Checklist 82 contains both HSWA and non-
HSWA provisions.
Also included in SPA 10 is a Consolidated Toxicity Characteristics Checklist
for the rules addressing the toxicity characteristics requirements.
b. Old
Revised Checklists 17 M, 44 C, 45 and 76 are included in this SPA.
Cluster Information
SPA 10 delineates timeframes by which states must obtain authorization for
RCRA Cluster I. Revision Checklists 80, 81 and 82 open this cluster, with
this cluster's due date being July 1, 1992. For further information on the
cluster rule, see September 26, 1986 (51 FR 33712).
SAM
This SPA provides updated Tables G-1 and G-2, a Model Revision Attorney
General's Statement, and a Checklist Linkage Table to insert into the SAM.
DSUM10.10 - 6/18/92
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SPA 10
STATE PROGRAM ADVISORY #10
A. STATE PROGRAM CHANGES FOR JULY 1, 1990 - DECEMBER 31, 1990
1. Toxicitv Characteristic: Hydrocarbon Recovery Operations
Date: October 5, 1990 Reference: 55 FR 40834-40837
February 1, 1991 56 FR 3978
April 2, 1991 56 FR 13406-13411
Effective: September 25, 1990
February 1, 1991
March 25, 1991
Summary: This interim final rule extended, for 120 days, the compliance date of the
Toxicity Characteristic (TC) rule for petroleum refineries and marketing terminals or bulk
plants currently engaged in hydrocarbon recovery and remediation operations stemming
from handling crude petroleum and immediate products of petroleum refining. The
hydrocarbon recovery and remediation activities affected are those that recover free-floating
hydrocarbons from a contaminated aquifer and include, as part of recovery, reinjection of
contaminated ground water via underground injection wells, or reinfiltration via an infiltration
galley into the same aquifer from which it was withdrawn. Facilities with existing contracts
for construction of these operations are also included in the extension. After promulgation
of the TC rule (55 FR 11798, March 29, 1990), the Agency obtained new information that
this rule could prevent the continued operation of these hydrocarbon recovery and
remediation activities, and this cessation may pose a substantially greater risk to human
health and the environment than their continued operation. The 120-day extension is to
allow the Agency to solicit further public comment and to consider all available, pertinent
information and to develop the best solution to protect human health and the environment.
This immediate final rule adds the 120-day exclusion (i.e., until January 25, 1991) to 40
CFR 261.4(b). A second interim final rule on February 1, 1991 further extended the
compliance date to March 25, 1991. A final rule on April 2, 1991 broadened the scope of
the facilities affected by this extension to also include free hydrocarbon recovery operations
at petroleum pipeline and transportation sector spill sites, as well as at petroleum refineries,
marketing terminals and bulk plants. Free phase hydrocarbon recovery operations involving
infiltration galleries were excluded from the scope of the extension. The April final rule
further extended the compliance date to January 25, 1993 for all included operations
existing on or before March 25, 1991. New operations with injection wells qualify for this
compliance extension only if they meet certain criteria.
State Authorization: This is a HSWA rule and will be included in RCRA Cluster I. Until
January 23, 1993, a less stringent standard than that imposed by the Toxicity Characteristic
rule is in effect for certain hydrocarbon recovery and remediation operations. Therefore,
States are not required to mandate the management of the wastes addressed by this rule
in order to retain RCRA authorization. States may, however, under Section 3009 of RCRA,
1 DTEXT10 - 7/1/92
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STATE PROGRAM ADVISORY #10 (cont'd) SPA 10
impose more stringent requirements than those imposed by Federal regulations. The
modification deadline, for states wishing to adopt these less stringent provisions, is July 1,
1992 (or July 1, 1993, if a state statutory change is needed). Both interim authorization
and final authorization are available. The state revision application must include a revised
program description, an Attorney General's statement addendum, an addendum to the MOA
(if appropriate), Revision Checklist 80, and associated state regulations.
SAM Update: Updates to Tables G-1 and G-2 of Appendix G, the Model Revision Attorney
General's Statement of Appendix E and the Checklist Linkage Table of Appendix H are
necessary to reflect the addition of this checklist. These revisions are addressed in
Section B of this SPA. A copy of Revision Checklist 80 and its associated FR notice may
be found in Attachment A.
2. Petroleum Refinery Primary and Secondary Oil/Water/Solids Separation Sludge
Listings (FQ37 and F038)
Date: November 2, 1990 Reference: 55 FR 46354-46397
December 17, 1990 55 FR 51707
Effective: May 2, 1991
Summary: The November 2, 1990 (55 FR 46354) rule adds two wastes to the list of
hazardous wastes from non-specific sources under 40 CFR 261.31. These wastes,
designated as F037 and F038, are generated in the separation of oil/water/solids from
petroleum refinery process wastewaters and oily cooling wastewaters. The rule also
amends Appendix VII of 40 CFR 261 by adding the organic and inorganic constituents for
which these wastes are listed. In addition, the wastes are added to the list of hazardous
substances under CERCLA, setting their reportable quantities at 1 pound. The December
17, 1990 rule (55 FR 51707) makes corrections to the November 2, 1990 rule.
The EPA has determined that the F037 and F038 wastes, when improperly treated, stored,
transported, disposed of, or otherwise managed, are potentially capable of posing a
substantial hazard to human health or the environment. This rule will thus extend RCRA
and CERCLA coverage to all oil/water/solids separation sludges and floats generated from
petroleum refineries, regardless of the type of device used to separate the wastes from the
process wastewaters and oily cooling wastewaters and regardless of where the treatment
takes place. The effect of listing these wastes will be to subject them to the hazardous
waste regulations of 40 CFR 124, 262 through 266, 270 and 271; RCRA §3001 notification
requirements; and CERCLA §103 notification requirements. (Note, the CERCLA
requirements are not part of the RCRA authorization program and are not included in the
checklist for this rule.)
(Note, a May 13, 1991 (56 FR 21955; Revision Checklist 89) interim final rule narrowed the
scope of the F037 and F038 listings. This rule is addressed in SPA 11.)
DTEXT10 - 7/1/92
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STATE PROGRAM ADVISORY #10 (cont'd) SPA 10
State Authorization: This is a HSWA rule and will be included in RCRA Cluster I. Both
interim and final authorization are available; interim authorization expires January 1, 1993.
The State modification deadline is July 1, 1992 (or July 1, 1993, if a State statutory change
is needed). The State revision application must include a revised program description, an
AG Statement addendum, an addendum to the MOA (if appropriate), Revision Checklist 81,
and associated State regulations.
SAM Update: Updates to Tables G-1 and G-2 of Appendix G, the Model Revision Attorney
General's Statement of Appendix E and the Checklist Linkage Table of Appendix H are
necessary to reflect the addition of this checklist. These revisions are addressed in
Section B of this SPA. A copy of Revision Checklist 81 and its associated FR notice may
be found in Attachment A.
3. Wood Preserving Listings
Date: December 6, 1990 Reference: 55 FR 50450-50490
Effective: June 6, 1991
Summary: This rule lists as hazardous three categories of wastes, F032, F034 and F035,
from wood preserving operations, and finalizes portions of a proposed rule published by
EPA on December 30, 1988 (53 FR 53282). The listings finalized by this rule include
wastewaters, process residuals, preservative drippage, and spent preservatives from wood
preserving processes at facilities that use or have previously used chlorophenolic
formulations, facilities that use creosote formulations, and facilities that use inorganic
preservatives containing arsenic or chromium. EPA is deferring a final listing with respect
to wastes from surface protection processes that use chlorophenolic formulations (proposed
waste F033) until more information can be collected on which to support a decision. Note,
however, these wastes may exhibit the Toxicity Characteristics and may already be
regulated under Subtitle C.
The rule includes permitting and interim status standards for drip pads used to assist in the
collection of treated wood drippage, including requirements for drip pad design and
operation, inspections and closure. Under the rule, generators may be eligible for a 90-day
accumulation exemption from permitting if their pads meet all of the technical standards for
drip pads.
(Note, a June 13, 1991 (56 FR 27332; Revision Checklist 91) notice administratively stayed
the F032, F034 and F035 waste listings. This administrative stay is addressed in SPA 11.
On July 1, 1991 (56 FR 30192; Revision Checklist 92) a notice made technical corrections
to the December 6, 1990 Wood Preserving Listings rule. These technical corrections are
addressed by SPA 12. Both SPA 11 and SPA 12 are available in draft form from the
SRPB Bulletin Board System.
State Authorization: The listing of F032 and the permitting and interim status drip pad
standards necessary to provide regulatory standards applicable to F032 drippage are
3 DTEXT10 - 7/1/92
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STATE PROGRAM ADVISORY #10 (cont'd) SPA 10
promulgated pursuant to HSWA while the remaining portions of the rule (the listing of F034
and F035, the permitting and interim standards for drip pads that handle F034 and F035
wastes, and the addition of a test method to Appendix III of Part 261) are promulgated
pursuant to non-HSWA provisions. The rule will be included in RCRA Cluster I. Both
interim and final authorization for the HSWA provisions are available; interim authorization
expires January 1, 1993. Only final authorization is available for the non-HSWA provisions.
The non-HSWA requirements will be applicable only in those States that do not have final
authorization. In authorized States, the non-HSWA provision will not be applicable until
these States revise their programs to adopt equivalent requirements under State law,
unless the wastes are designated as hazardous due to the Toxicity Characteristic. In this
latter case, these wastes came under regulation on June 6, 1991, even in authorized states
because the Toxicity Characteristic was promulgated under HSWA authority.
The State modification deadline for this present rule is July 1, 1992 (or July 1, 1993, if a
State statutory change is needed) for all provisions, both HSWA and non-HSWA. The
State revision application must include a revised program description, an AG Statement
addendum, an addendum to the MOA (if appropriate), Revision Checklist 82, and
associated State regulations.
SAM Update: Updates to Tables G-1 and G-2 of Appendix G, the Model Revision Attorney
General's Statement of Appendix E and the Checklist Linkage Table of Appendix H are
necessary to reflect the addition of this checklist. These revisions are addressed in
Section B of this SPA. A copy of Revision Checklist 82 and its associated FR notice may
be found in Attachment A.
B. REVISIONS TO SAM
The addition of three new checklists necessitated revisions to Tables G-1 and G-2 of
Appendix G, the Model Revision Attorney General's Statement in Appendix D, and the
Checklist Linkage Table in Appendix H. These revised tables and model are included in
Attachment B and should replace the relevant parts in the SAM Manual. Specific revisions
are detailed below.
The revised Tables G-1 and G-2 (pp. 4-27) should replace pages 4 through 24 of
SAM, Appendix G.
• The Revised Attorney General's Statement (pp. 9-50) should replace pages 9
through 47 of SAM, Appendix E. New entries were added at I O, I A(18)&(19), I P,
I Q, I R, XV L and XVI W.
The Revised Checklist Linkage Table should replace pages 3 through 6 of SAM,
Appendix H.
Four revised checklists-Revision Checklists 17 M, 44 C, 45 and 76-are also included in
this SPA. Additional guidance has been added to Revision Checklist 17 M to make clear
which portions of it are necessary, particularly in the situation where a State chooses not to
adopt the provision addressing new TSCA PCB incineration facilities. For a short period of
time this checklist was incorrectly listed as optional in StATS and in the Draft SPA 10-12
Tables G-1 & G-2 on the SRPB Bulletin Board System (BBS). This error was corrected in
4 DTEXT10 - 7/1/92
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STATE PROGRAM ADVISORY #10 (cont'd) SPA 10
this SPA and in SPAs 11 and 12, on the SRPB-BBS, and it will be corrected in the next
version of StATS which is sent to you.
Prenotes were added to Revision Checklists 44 C and 45 concerning the Part 144
revisions contained in the rules addressed by these checklists. In the case of Revision
Checklist 45, the Part 144 changes were also removed from that checklist.
Revised Revision Checklist 76 includes two new prenotes. The first explains the
relationship of this checklist to the final rule promulgated on January 2, 1992 (57 FR 12).
That January 2 rule was a reissuance of the May 4, 1990 rule addressed by Revision
Checklist 76 and, as such, does not need a separate checklist. States need not apply for
that rule if they are authorized for the May 4, 1990 rule, as no change to the code was
made. The second prenote indicates that the checklist has been designated as optional,
because not all States have analogs to 261.11. Only States with an analog would need to
adopt the amendments addressed by this Revision Checklist 76. Previously, this checklist
had been designated as non-optional. This change in status has been made in Tables G-1
& G-2 contained in this SPA.
C. CONSOLIDATED TOXICITY CHARACTERISTICS CHECKLIST
Also included in this SPA is a consolidated checklist for the rules addressing the toxicity
characteristics requirements. The attached checklist includes changes addressed by
Revision Checklist 74 (SPA 9) and Revision Checklist 80 (SPA 10). The date at the top of
this consolidated checklist indicates that changes through June 30, 1991 are included, even
through this present SPA is inclusive through December 31, 1991. The June 30, 1991
date was used because Revision Checklist 80 addresses all of the changes to the Toxicity
characteristics rule from October 5, 1990, through June 30, 1991. The Consolidated
Characteristics Checklist may be found in Attachment C.
DTEXT10 - 7/1/92
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SPA 10
RCRA REVISION CHECKLIST 80
Toxicity Characteristic; Hydrocarbon Recovery Operations
55 FR 40834-40837
October 5, 1990
as amended on February 1, 1991, at 56 FR 3978
and April 2, 1991, at 56 FR 13406-13411
(RCRA Cluster I, HSWA Rule)
This revision checklist addresses an interim final rule which extended, for 120 days (until January
25, 1991), the compliance date for requirements imposed in the Toxicity Characteristic final rule
(see 55 FR 11798; March 29, 1990; Revision Checklist 74) for groundwater that is reinjected or
reinfiltrated during existing hydrocarbon recovery operations at petroleum refining facilities,
marketing terminals, and bulk plants engaged in hydrocarbon recovery and remediation operations.
A second interim final rule on February 1, 1991 further extended the compliance date to March
25, 1991. A final rule on April 2, 1991 broadened the scope of the facilities affected by this
extension to also include free hydrocarbon recovery operations at petroleum pipeline and
transportation sector spill sites as well as at petroleum refineries, marketing terminals and bulk
plants. Free phase hydrocarbon recovery operations involving infiltration galleries were excluded
from the scope of the extension. The April final rule further extended the compliance date to
January 25, 1993 for all included operations existing on or before March 25, 1991. New
operations with injection wells qualify for this compliance extension only if they meet certain
criteria.
Until January 25, 1993, a less stringent standard than that imposed by the Toxicity Characteristic
rule is in effect for certain hydrocarbon recovery and remediation operations. Thus, States will not
be required to mandate this less stringent standard in order to retain RCRA authorization. Under
Section 3009 of RCRA, States may impose more stringent requirements than those imposed under
Federal regulations.
October 5, 1990 - Page 1 of 3 DCLSO 10 - 9/20/93
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RCRA REVISION CHECKLIST 80: Toxicity Characteristic;
Hydrocarbon Recovery Operations (Cont'd)
FEDERAL REQUIREMENT
FEDERAL RCRA CITATION
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
PART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
SUBPART A - GENERAL
t,1 EXCLUSIONS
until January 25, 1993,
exclusion for injected
groundwater exhibiting
the 261 .24 Toxicity
Characteristic that is
infiltrated or re-
injected pursuant to
specified hydrocarbon
recovery operations
existing on or before
March 25, 1991; ex-
tension only until six
months after final rule
publication for ground-
water returned through
infiltration galleries;
conditions for new
operations involving
injection to qualify
for date extension:
operations are per-
formed pursuant to a
written state agree-
ment that includes a
provision to assess
the groundwater and
the need for further
remediation once the
free phase recovery
is completed
261.4(b)(11)
261.4(b)(11)(i)
October 5, 1990 - Page 2 of 3
DCL30.10 • 9/20/93
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RCRA REVISION CHECKLIST 80: Toxicity Characteristic;
Hydrocarbon Recovery Operations (Cont'd)
SPA 10
FEDERAL REQUIREMENT -
2 copy of written
agreement has been
submitted to
Characteristics
Section, U.S.
Environmental
Protection Aaencv
FEDERAL RCRA CITATION
261.4tt>M11Mn
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
1 The October 5, 1990 interim final rule extended the compliance date to January 25, 1991 (see
55 PR 40834). The compliance date was further extended to March 25, 1991 by the February
1, 1991 interim final rule (see 56 PR 3978) and then to January 25, 1993 by the April 2, 1991
final rule (see 56 PR 13406).
2 A copy of the agreement should be sent to the U.S. Environmental Protection Agency, Office of
Solid Waste, Characterization and Assessment Division, Waste Identification Branch,
Characteristics Section (OS-333); thus, the reference to the Characteristics Section found at
261.4(b)(11)(ii) should remain in a state's code. A copy of the written agreement may also be
sent to the State, if the State chooses to include this requirement.
October 5, 1990 - Page 3 of 3
DCL80.10 - 9/20/93
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SPA 10
RCRA REVISION CHECKLIST 81
Petroleum Refinery Primary and Secondary
OH/Water/Solids Separation Sludge Listings (F037 and F038)
55 FR 46354-46397
November 2, 1990
as amended on December 17, 1990, at 55 FR 51707
(RCRA Cluster I, HSWA)
Following the promulgation of the two rules addressed by this checklist, an interim final rule (56
FR 21955; May 13, 1991; Revision Checklist 89) revised the definition of wastes subject to the
F037 and F038 listings. That rule also clarified that, with regard to F038, floats generated in
aggressive biological treatment units are not included in the listing description of that waste
stream. Because these changes narrow the scope of the F037 and F038 listings, they are
considered optional. States wishing to adopt the optional changes addressed by Revision
Checklist 89 are strongly encouraged to adopt them at the same time the Revision Checklist 81
provisions are adopted.
FEDERAL REQUIREMENT
FEDERAL RCRA CITATION
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQOIV- 1
ALENT
MORE 1 BROADER
STRINGENT I IN SCOPE
PART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
SUBPART D - LISTS OF HAZARDOUS WASTES
1,2
HAZARDOUS WASTES FROM NON-SPECIFIC SOURCES
add the waste codes
"F037" and "F038" to
list in alphanumeric
order as shown
below; redesignate the
introductory paragraph
and the table as
paragraph (a)
261.31(a)
November 2, 1990 - Page 1 of 5
DC81.10 - 1/21/92
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RCRA REVISION CHECKLIST 81: Petroleum Refinery
Primary and Secondary Oil/Water/Solids
Separation Sludge Listings (F037 and F038) (Cont'd)
FEDERAL REQUIREMENT
FEDERAL RCRA CITATION
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUI\T"|
ALENT |
MORE I BROADER
STRINGENT I IN SCOPE
Industry and EPA hazardous
waste No.
Hazardous waste
Hazard
code
F037 . . Petroleum refinery primary oil/water/solids separation sludge-Any sludge (T)
generated from the gravitational separation of oil/water/solids during the
storage or treatment of process wastewaters and oily cooling wastewaters
from petroleum refineries. Such sludges include, but are not limited to,
those generated in: oil/water/solids separators; tanks and impoundments;
ditches and other conveyances; sumps; and stormwater units receiving dry
weather flow. Sludges generated in stormwater units that do not receive
dry weather flow, sludges generated in aggressive biological treatment
units as defined in §261.31(b)(2) (including sludges generated in one or
more additional units after wastewaters have been treated in aggressive
biological treatment units) and K051 wastes are not included in this listing.
F038 . . Petroleum refinery secondary (emulsified) oil/water/solids separation sludge- (T)
Any sludge and/or float generated from the physical and/or chemical
separation of oil/water/solids in process wastewaters and oily cooling
wastewaters from petroleum refineries. Such wastes include, but are not
limited to, all sludges and floats generated in: induced air flotation (IAF)
units, tanks and impoundments, and all sludges generated in DAF units.
Sludges generated in stormwater units that do not receive dry weather
flow, sludges generated in aggressive biological treatment units as defined
in §261.31(b)(2) (including sludges generated in one or more additional
units after wastewaters have been treated in aggressive biological
treatment units) and F037, K048, and K051 wastes are not included in this
listing.
add new paragraph
entitled "Listing
Specific Definitions:"
definition of oil/water/
solids for the
purposes of F037
and F038 listings
261.3Kb)
261.31(b)m
November 2, 1990 - Page 2 of 5
DC81.10 - 1/21/92
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RCRA REVISION CHECKLIST 81: Petroleum Refinery
Primary and Secondary Oil/Water/Solids
Separation Sludge Listings (F037 and F038) (Cont'd)
SPA 10
FEDERAL REQUIREMENT
for the purposes of
F037 and F038,
aggressive biological
treatment units
are defined as units
which employ
one of four specified
treatment methods;
specific requirements
for hiah-rate aeration:
units employ a
minimum of 6 hp per
million gallons of
treatment volume and
either:
the hydraulic retention
time of the unit is no
lonaer than 5 davs
the hydraulic retention
time is no longer than
30 days and the unit
does not generate a
sludge that is
hazardous waste by
the Toxicity
Characteristic
generators and
treatment, storage
and disposal
facilities must prove
their sludges are
exempt from listing
as F037 and F038
wastes; maintenance
of documents and
data sufficient
to prove that:
unit is an aggressive
biological treatment
unit as defined in
261.31(bM2)
- FEDERAL RCRA CITATION
261.31(b)(2)(i)
261.31(b)(2)(i)(A)
261.31(bK2)(iHB)
261.31(b)(2)(WC)
261.31(b)(2Mii)
261.31(b)(2)(ii)(A)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
November 2, 1990 -. Page 3 of 5
OC81.10 - 1/21/92
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RCRA REVISION CHECKLIST 81: Petroleum Refinery
Primary and Secondary Oil/Water/Solids
Separation Sludge Listings (F037 and F038) (Cont'd)
FEDERAL REQUIREMENT
2 sludges were actually
generated in the
aggressive biological
treatment unit
sludges are
considered to be
generated at the
moment of deposition
in the unit
for the purposes of
the F037 listing;
deposition defined
for the purposes of
the F038 listina
sludges are
considered to be
generated at the
moment of deposition
in the unit;
deoosition defined
floats are considered
to be generated at
the moment they are
formed in the top of
the unit
FEDERAL RCRA CITATION
261.31(b)(2Mii)(B)
261.31(bK3)(i)
261.31(bH3)(ii)
261.31(b)(3KiiHA)
261.31(b)(3Kii)(B)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
APPENDIX VII TO PART 261
BASIS FOR LISTING HAZARDOUS WASTE
add the waste codes
"F037" and T038"
in alphanumeric
order to list as
shown below:
Aooendix VII
November 2, 1990 -. Page 4 of 5
DC81.10 - 1/21/92
-------
RCRA REVISION CHECKLIST 81: Petroleum Refinery
Primary and Secondary Oil/Water/Solids
Separation Sludge Listings (F037 and F038) (Cont'd)
SPA 10
FEDERAL REQUIREMENT
FEDERAL RCRA CITATION
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
bQUJV- MORE BROADER
ALENT I STRINGENT I IN SCOPE
APPENDIX VII.--BASIS FOR LISTING
HAZARDOUS WASTE
EPA hazardous
waste No.
Hazardous constituents for
which listed
* * * *
F037
F038
Benzene, benzo(a)pyrene,
chrysene, lead, chromium.
Benzene, benzo(a)pyrene chry-
sene, lead, chromium.
* * *
The introductory paragraph and table were originally introduced into the code as 261.31. The
final rule for this checklist has redesignated the old 261.31 as 261.31 (a) and added a new
paragraph, 261.31 (b).
See the technical correction to the rule at 55 FR 51707 (December 17, 1990).
November 2, 1990 - Page 5 of 5
DC81.10 - 1/21/92
-------
SPA 10
RCRA REVISION CHECKLIST 82
Wood Preserving Listings
55 FR 50450-50490
December 6, 1990
(RCRA Cluster I, HSWA and Non-HSWA Provisions)
1) This Revision Checklist adds three broad categories of wastes from wood preserving
processes that use chlorophenolic, creosote, and/or inorganic (arsenical and chromium)
preservatives to the list of wastes from non-specific sources. These wastes, F032, F034 and
F035, include wastewaters, process residuals, preservative drippage and spent formulations. The
listing of F032 and the permitting and interim status standards applicable to drip pads handling
this waste are promulgated pursuant to HSWA. The listings of F034 and F035, the permitting and
interim standards for drip pads that handle F034 and F035 wastes, and the addition of a test
method to Appendix III of Part 261 are non-HSWA provisions. EPA will implement the addition of
F032 to the list of hazardous wastes from non-specific sources in authorized States until the
States modify their programs and such modifications are approved by EPA. The non-HSWA
requirements are applicable only in those States that do not have interim or final authorization. In
authorized States, the non-HSWA requirements will not be applicable until the States revise their
programs to adopt equivalent requirements under State law, unless the wastes are designated as
hazardous due to the Toxicity Characteristic, which would allow an owner or operator to comply
with the drip pad standards administered under Federal law.
2) Note that on June 13, 1991 (56 FR 27332), an administrative stay was published affecting this
final rule. Because the Federal code was changed, a checklist was developed, Revision Checklist
91. The changes addressed by that checklist are all optional.
3) Technical corrections were made to this rule on July 1, 1991 (56 FR 30192; Revision
Checklist 92). States are strongly encouraged to adopt those technical corrections at the same
time that Revision Checklist 82 provisions are adopted.
FEDERAL REQUIREMENT
FEDERAL RCRA CITATION
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV- I MORE BROADER
ALENT (STRINGENT I IN SCOPE
PART 260 - HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL
SUBPART B - DEFINITIONS
DEFINITIONS
add "drip pad" in
alphabetical order
260.10
December 6, 1990 - Page 1 of 32
DC82 - 6/22/92
-------
RCRA REVISION CHECKLIST 82: Wood Preserving Listings (Cont'd)
SPA 10
FEDERAL REQUIREMENT
FEDERAL RCRA CITATION
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV- I MORE
ALENT I STRINGENT IN S
PART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
SUBPART A - GENERAL
EXCLUSIONS
add new paragraph
which excludes as a
solid waste spent
wood preserving
solutions that have
been used and are
reclaimed and reused
for their original
intended purpose
261.4(a)(9)
SUBPART D - LISTS OF HAZARDOUS WASTES
HAZARDOUS WASTES FROM NON-SPECIFIC SOURCES
add the waste codes
"F032", "F034" and
"F035" in alpha-
numeric order to list
as shown below
261 .31 (a)
December 6, 1990 -.Page 2 of 32
DC82 - 6/22/92
-------
SPA 10
RCRA REVISION CHECKLIST 82: Wood Preserving Listings (Cont'd)
FEDERAL REQUIREMENT
FEDERAL RCRA CITATION
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE BROADER
STRINGENT IN SCOPE
Industry and EPA hazardous Hazard
waste No. Hazardous waste code
F032 . . .Wastewaters, process residuals, preservative drippage, and spent formula- (T)
tions from wood preserving processes generated at plants that
currently use or have previously used chlorophenolic formulations
(except potentially cross-contaminated wastes that have had the
F032 waste code deleted in accordance with §261.35 of this
chapter and where the generator does not resume or initiate use
of chlorophenolic formulations). This listing does not include K001
bottom sediment sludge from the treatment of wastewater from
wood preserving processes that use creosote and/or
pentachlorophenol.
F034 . . .Wastewaters, process residuals, preservative drippage, and spent formula- (T)
tions from wood preserving processes generated at plants that use
creosote formulations. This listing does not include K001 bottom
sediment sludge from the treatment of wastewater from wood
preserving processes that use creosote and/or pentachlorophenol.
F035 . . .Wastewaters, process residuals, preservative drippage, and spent formula- (T)
tions from wood preserving processes generated at plants that use
inorganic preservatives containing arsenic or chromium. This
listing does not include K001 bottom sediment sludge from the
treatment of wastewater from wood preserving processes that use
creosote and/or pentachlorophenol.
December 6, 1990 - Page 3 of 32 DCBZ • 6/22/92
-------
RCRA REVISION CHECKLIST 82: Wood Preserving Listings (Cont'd)
FEDERAL REQUIREMENT
FEDERAL RCRA CITATION
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EoTJIT^
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
DELETION OF CERTAIN HAZARDOUS WASTE CODES FOLLOWING EQUIPMENT CLEANING
AND REPLACEMENT
wastes from wood
preserving processes
at plants that do not
resume or initiate
use of chlorophenolic
preservatives will not
meet the listing
definition of F032
once the 261.35(b)
and (c) requirements
are met; wastes may
continue to meet
another hazardous
waste listing descrip-
tion or exhibit one or
more characteristics
generators must
either clean or
replace all specified
process equipment
that may have come
into contact with
chlorophenolic
formulations or
constituents;
generators must
either:
prepare and sign
a written equipment
cleaning or replace-
ment plan and con-
duct cleaning and/or
replacement of equip-
ment in accordance
with plan; manage
discarded equipment
as F032 waste
261 .35(a)
261.35(b)
261.35(b)m
December 6, 1990 -.Page 4 of 32
DC82 - 6/22/32
-------
RCRA REVISION CHECKLIST 82: Wood Preserving Listings (Cont'd)
SPA 10
FEDERAL REQUIREMENT
removal of all visible
residues from process
equipment and rinsing
process equipment
with appropriate
solvent to meet
specified criteria when
tested in accordance
with SW-846 Method
8290; management
of all residues
as F032 waste
document that
previous equipment
cleaning or replace-
ment was performed
in accordance with
261.35 requirements
and occurred after a
change in
preservative
documentation that
must be maintained
as part of the
facility's
operating record
name and address of
the facility
formulations
previously used and
the date on which
their use ceased
in each process
at the olant
formulations currently
used in each process
at the olant
equipment cleaning
or replacement plan
name and address of
any persons who
conducted the
cleaning and
replacement
FEDERAL RCRA CITATION
261.35(b)(2)
261 .35(b)(3)
261.35(c)
261.35(cW1>
261.35(cH2)
261.35(c)(3)
261.35(c)(4)
26t.35fc)(5)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
December 6, 1990 - Page 5 of 32
DC82 - 6/22/92
-------
RCRA REVISION CHECKLIST 82: Wood Preserving Listings (Cont'd)
FEDERAL REQUIREMENT
dates on which
cleaning and
replacement were
accomplished
dates of sampling
and testina
description of sample
handling and prep-
aration techniques
description of the
tests performed, the
date, and the results
of the tests
name and model
numbers of the
instrument(s) used in
Derformina the tests
QA/QC
documentation
signed certification
statement
FEDERAL RCRA CITATION
261.35(c)(6)
261.35(c)(7)
261.35(c)(8)
261.35(c)(9)
261.35(c)(10)
261.35(c)(11)
261.35(c)(12)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
"EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
APPENDIX III TO PART 261
CHEMICAL ANALYSIS TEST METHODS
add the compound,
"Benzo(k)
fluoranthene", in
alphabetical order,
to Table 1
Table 1. Appendix III
TABLE 1. --ANALYSIS METHODS FOR
ORGANIC CHEMICALS CONTAINED IN SW-846
Compound
Method
Nos.
Benzo(k) fluoranthene 8100,8250,
8270,8310
December 6, 1990 -.Page 6 of 32
DC82 • 6/22/92
-------
RCRA REVISION CHECKLIST 82: Wood Preserving Listings (Cont'd)
SPA 10
FEDERAL REQUIREMENT
FEDERAL RCRA CITATION
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV- 1 MORE BROADER
ALENT | STRINGENT I IN SCOPE
APPENDIX VII TO PART 261
BASIS FOR LISTING HAZARDOUS WASTE
add "F032", "F034",
and "F035" to list
in alphanumeric order
as shown below:
Aooendix VII
EPA hazardous
waste No.
Hazardous constituents for
which listed
F032.
F034.
F035.
. Benz(a)anthracene, benzo(a)pyrene,
dibenz(a,h)-anthracene,
indeno(1,2,3-cd)pyrene, pentachlor-
ophenol, arsenic, chromium, tetra-,
penta-, hexa-, heptachlorodibenzo-
p-dioxins, tetra-, penta-, hexa-, hep-
tachlorodibenzofurans.
. Benz(a)anthracene,
benzo(k)fluoranthene,
benzo(a)pyrene,
dibenz(a,h)anthracene,
indeno(1,2,3-cd)pyrene, naphtha-
lene, arsenic, chromium.
.Arsenic, chromium, lead.
APPENDIX VIII TO PART 261
HAZARDOUS CONSTITUENTS
add the specified
hazardous
constituents in
alphabetical order
as shown below:
Aooendix VIII
December 6, 1990 - Page 7 of 32
DC82 - 6/22/92
-------
RCRA REVISION CHECKLIST 82: Wood Preserving Listings (Cont'd)
SPAUD
FEDERAL REQUIREMENT
FEDERAL RCRA CITATION
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV- I MORE I BROADER
ALENT I STRINGENT I IN SCOPE
Common name
Chemical Chemical
abstracts abstracts Hazardous
name No. waste No.
Benzo(k)fluoranthene
Same
207-08-9
Heptachlorodibenzofurans .
Heptachlorodibenzo-p-dioxins
PART 262 - STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE
SUBPART C - PRE-TRANSPORT REQUIREMENTS
ACCUMULATION TIME
redesignate paragraph
(a)(2) as (a)(3);
add new paragraph
requiring placement
of waste on drip pads,
generator compliance
with Subpart W of
Part 265 and
maintenance of the
following records
at the facility:
description of
procedures to ensure
wastes are removed
from drip pad and
associated collection
system at least once
every 90 days
262.34(a)(2)
262.34(a)(2)(i)
-
December 6, 1990 -.Page 8 of 32
DC82 • 6/22/92
-------
RCRA REVISION CHECKLIST 82: Wood Preserving Listings (Cont'd)
SPA 10
FEDERAL REQUIREMENT
documentation of
each waste removal,
including quantity,
date and time of
removal; generator
exemption from Sub-
parts G and H of
Part 265 require-
ments, except for
265.111 and 265.11 4
redesignate
"262.34(a)(2)B as
"262.34(aH3r
redesignate
"262.34(a)(3)n as
"262.34(aH4r
redesignate
"262.34(a)(4)" as
"262.34(aH5r
FEDERAL RCRA CITATION
262.34(aU2Hin
262.34(a)(3)
262.34(a)(4)
262.34(a)(5)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
PART 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE
TREATMENT, STORAGE AND DISPOSAL FACILITIES
SUBPART J - TANK SYSTEMS
APPLICABILITY
add reference to
oaraaraoh (c)
add new paragraph
subjecting tanks,
sumps and other
collection devices
used in conjunction
with Subpart W-
regulated drip pads to
Part 264, Subpart J
requirements
264.190
264.190(0
December 6, 1990 - Page 9 of 32
DC82 - 6/22/92
-------
RCRA REVISION CHECKLIST 82: Wood Preserving Listings (Cont'd)
SP
FEDERAL REQUIREMENT
FEDERAL RCRA CITATION
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
MORE BROADER
ALENT | STRINGENT IN SCOPE
SUBPART W - DRIP PADS
APPLICABILITY
Subpart W applies
to owners and
operators of facilities
that use new or
existing drip pads
to convey treated
wood drippage to an
associated collection
system; existing drip
oads defined
owner or operator
of certain drip pads
inside or under
a structure
not subject to
264.572(e) or
264.572(f)
regulations, as
appropriate
264.570(a)
264.570(b)
ASSESSMENT OF EXISTING DRIP PAD INTEGRITY
evaluation of existing
drip pads; by June 6,
1991, written
assessment obtained
and kept on file;
annual review, update
and recertification
required until 264.572
standards are met,
except 264.572(b)
standards for liners
and leak detection
systems; documen-
tation of drip pad aoe
264.571(a)
.
December 6, 1990 - Page 10 of 32
DC82 - 6/22/92
-------
RCRA REVISION CHECKLIST 82: Wood Preserving Listings (Cont'd)
SPA 10
FEDERAL REQUIREMENT
development of
written plan for up-
grading, repairing and
modifying drip pad
to meet 264.572(b)
requirements;
submittal of plan to
Regional Adminis-
trator no later than
2 years before
completion of modi-
fications; written plan
documentation, re-
view and certification
requirements;
conditions for
completion of
upgrades, repairs
and modifications
for existing drip
pads of known and
documentable age,
upgrades, repairs
and modifications
completed within
two years of
June 6, 1991, or
when the drip pad
has reached
15 years of age,
whichever comes
later
for existing drip pads
with no documentable
age, upgrades, repairs
and modifications
must be completed
within 8 years of
June 6, 1991; if
facility is over 7 years
old, completion
by the time facility
reaches 15 years or
by two years after
June 6, 1991, which-
ever comes later
FEDERAL RCRA CITATION
264.57Kb)
,
264.571 (bHD
264.571 0>K2)
ANALOGOUS
STATE CITATION
'
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
December 6, 1990 - Page 11 of 32
DC82 - 6/22/92
-------
RCRA REVISION CHECKLIST 82: Wood Preserving Listings (Cont'd)
SPA^fl
FEDERAL REQUIREMENT
conditions under which
owner or operator
may petition
Regional Adminis-
trator for extension
of deadline; petition
granted if drip pad
meets all 264.572
requirements, except
those for liners and
leak detection systems
specified in
264.572(b)
submittal of
required drawings
and certification to
Regional Adminis-
trator or State Director
upon completion of all
repairs and
modifications
if drip pad found to
be leaking or unfit
for use, compliance
with 264.572(m) provi-
sions or close drip
pad in accordance
with 264.574
FEDERAL RCRA CITATION
264.571 (b)(3)
264.571 (c)
264.571 (d)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
DESIGN AND OPERATING REQUIREMENTS
drip pads must:
be constructed of
non-earthen
materials, excluding
wood and non-
structurally supported
asphalt
be sloped for free-
drainage to the
associated collection
system
have a curb or berm
around the perimeter
be impermeable
as specified
264.572(a)
264.572(a)(1)
264.572(a)(2)
264.572(a)(3)
264.572(a)(4)
December 6, 1990 - Page 12 of 32
DC82 • 6/22/92
-------
RCRA REVISION CHECKLIST 82: Wood Preserving Listings (Cont'd)
SPA 10
FEDERAL REQUIREMENT
be of sufficient
structural strength
and thickness to meet
specified conditions
a drip pad must
have:
a synthetic liner that
meets certain design,
construction and instal-
lation specifications
specific requirements
for liner construction
materials
foundation or base
requirements
liner must cover all
surrounding earth that
could come into
contact with the
waste or leakage
leakage detection
system immediately
above the liner;
detection system
must be:
constructed of
materials that are:
chemically resistant
to relevant waste
and leakaae
of sufficient strength
and thickness to
prevent collapse
designed and operated
to function without
clogging through the
scheduled closure of
the drip pad
designed to detect
drip pad failure or the
release of hazardous
waste or accumulated
liquid at the earliest
practicable time
maintenance of drip
pads; note regarding
remedial action
FEDERAL RCRA CITATION
264.572(a)(5)
264.572(b)
264.572rt»m
264.572(b)m(i)
264.572(b)(1)(ii)
264.572(bK1)(iii)
264.572(bH2)
264.572(b)(2)(i)
264.572(bM2WMA)
264.572(bK2MWB)
264.572(b)(2)(ii)
264.572(b)(2)(iii)
264.572(c)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
December 6, 1990 - Page 13 of 32
DC82 • 6/22/92
-------
RCRA REVISION CHECKLIST 82: Wood Preserving Listings (Cont'd)
FEDERAL REQUIREMENT
convey, drain, and
collect liquid resulting
from drippage or
precipitation in order
to orevent run-off
run-on control
system requirements,
unless control
system is protected
by a structure, as
described in
264.570(b)
run-off management
system requirements,
unless system is
protected by a
structure, as
described in
264.570(b)
evaluation of drip pad
for compliance with
264.572(a) - (f)
requirements; design
certification required
removal of drippage
and accumulated
precipitation from
associated collection
system as necessary
to prevent overflow
onto the drip pad
thorough cleaning of
drip pad surface at
least once every
seven days to meet
specified conditions;
documentation of date,
time and cleaning
procedure in facility's
ooeratina loa
minimize tracking of
hazardous waste or
constituents off the
drio oad
FEDERAL RCRA CITATION
264.572(d)
264.572(6)
264.572(0
264.572(0)
264.572(h)
264.572(i)
264.572(i)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
December 6, 1990 - Page 14 of 32
DC82 • 6/22/92
-------
RCRA REVISION CHECKLIST 82: Wood Preserving Listings (Cont'd)
SPA 10
FEDERAL REQUIREMENT
after removal from
treatment vessel,
treated wood from
pressure and non-
pressure processes
must be held on pad
until drippage has
ceased; documen- .
tation reauired
collection and holding
units for run-on and
run-off control systems
emptied or otherwise
managed as soon as
possible after storms
to maintain design
capacity
throughout the active
life of the drip pad
and as specified in
the permit, repair of
detected condition
that could lead to
or has caused a
release of hazardous
waste within a
reasonable period
of time, in accordance
with the following
procedures:
upon detection of a
condition that has
led or could lead to
a release of
hazardous waste, the
owner must:
enter discovery in
the facility operating
IOQ
immediately remove
from service
affected portion of
drip oad
FEDERAL RCRA CITATION
264.572(k)
264.572(1)
264.572(m)
264.572(m)m
264.572(m)(1)(i)
264.572(mH1Hii)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
December 6, 1990 - Page 15 of 32
DC82 • 6/22/92
-------
RCRA REVISION CHECKLIST 82: Wood Preserving Listings (Cont'd)
FEDERAL REQUIREMENT
determine steps
to repair drip pad
and clean up any
leakage; establish
schedule for repairs
notify Regional
Administrator within
24 hours after
discovery; provide
written notice as
specified within 1 0
workinq days
review, determination
and notification by
Reaional Administrator
1 written notification to
Regional Administrator
and certification of
compliance with
264.572(m)(1)(iv) after
repairs and clean UD
should a permit be
necessary, Regional
Administrator will
specify in the permit
all design and
operating practices
necessary to ensure
that 264.572 require-
ments are met
documentation in
operating log, as
specified, of
past operating and
waste handling
practices
FEDERAL RCRA CITATION
264.572(m)mflii)
264.572(m)(1)(iv)
264.572(mH2)
264.572(m)(3)
264.572(n)
264.572(0)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
December 6, 1990 - Page 16 of 32
DC82 - 6/22/92
-------
RCRA REVISION CHECKLIST 82: Wood Preserving Listings (Cont'd)
SPA 10
FEDERAL REQUIREMENT
FEDERAL RCRA CITATION
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
"EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
INSPECTIONS
inspection of liners
and cover systems
for uniformity, damage
and imperfections
during construction or
installation; inspection
and certification of
liners to meet
264.572 requirements;
maintenance of
certification as part
of the facility
operating record;
inspection of liners
and covers after
installation
drip pad must be
inspected weekly and
after storms to detect
evidence of any of
the followinq:
deterioration,
malfunctions or
improper operation
of run-on and run-off
control systems
presence of leakage
in and proper
functioning of leak
detection svstem
deterioration or
cracking of drip
pad surface;
note regarding
remedial action
264.573(a)
264.573(b)
264.573(b)(1)
264.573(b)(2)
264.573(b)(3)
CLOSURE
at closure, removal
and decontamination
requirements; manage-
ment as hazardous
waste
264.574(a)
-
December 6, 1990 - Page 17 of 32
DC82 - 6/22/92
-------
RCRA REVISION CHECKLIST 82: Wood Preserving Listings (Cont'd)
SPA 10
FEDERAL REQUIREMENT
conditions under
which owner or
operator must close
facility and perform
post-closure care in
accordance with
264.310 requirements;
for permitted units,
permit requirement
continues throughout
post-closure period;
drip pad is con-
sidered a landfill and
must meet Subparts
G and H require-
ments of Part 264
owner or operator
of an existing drip
pad that does not
comply -with the
264.572(b)(1) liner
reauirements must:
include in closure
plans for drip pad
under 264.112, a plan
for 264.574(a) com-
pliance and a
contingent plan for
264.574(b) compliance
prepare a contingent
post-closure plan
under 264.118 for
complying with
264.574(b) in case
not all contaminated
subsoils can be
practicably removed
at closure
FEDERAL RCRA CITATION
264.574(b)
4
264.574(cK1)
264.574(cH1)(i)
264.574(c)(1Hii)
ANALOGOUS
STATE CITATION
STATE ANALCXa l^: ^
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
December 6, 1990 - Page 18 of 32
DC82 - S75/92
-------
RCRA REVISION CHECKLIST 82: Wood Preserving Listings (Cont'd)
SPA 10
FEDERAL REQUIREMENT
cost estimates
calculated under
264.112 and 264.144
for closure and post-
closure care of drip
pad subject to
264.574 must include
the cost of complying
with the contingent
closure plan and the
contingent post-
closure plan; cost of
expected closure
under 264.574(a)
need not be included
FEDERAL RCRA CITATION
264.574(c)(2)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
. IN SCOPE
DESIGN AND INSTALLATION OF NEW DRIP PADS
owners and
operators of drip pads
must ensure that the
pads are designed,
installed and
operated in
accordance with all
applicable 264.572,
264.573 and
264.574 reauirements
264.575
PART 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF
HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES
SUBPART J - TANK SYSTEMS
APPLICABILITY
add reference to
oaraaraoh (c)
add new paragraph
subjecting tanks,
sumps and other
collection devices
used in conjunction
with Subpart W-
regulated drip pads
to Part 265, Subpart J
reauirements
265.190
265.1 90(c)
December 6, 1990 - Page 19 of 32
OC82 - 6/22/92
-------
RCRA REVISION CHECKLIST 82: Wood Preserving Listings (Cont'd)
FEDERAL REQUIREMENT
FEDERAL RCRA CITATION
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
SUBPART W - DRIP PADS
APPLICABILITY
Subpart W applies
to owners and
operators of facilities
that use new or
existing drip pads
to convey treated
wood drippage to an
associated collection
system; existing drip
pads defined
owner or operator
of certain drip pads
inside or under
a structure
not subject to
265.443(6) or
265.443(f)
regulations, as
aDDrooriate
265.440(3)
265.440(b)
•
ASSESSMENT OF EXISTING DRIP PAD INTEGRITY
evaluation of existing
drip pads; by June 6,
1991, written
assessment obtained
and kept on file;
annual review, update
and recertification
required until 265.443
standards are met,
except for 265.443(b)
standards for liners
and leak detection
systems;
documentation
of drip pad aqe
265.441 (a)
December 6, 1990 - Page 20 of 32
DC82 - 6/22/92
-------
RCRA REVISION CHECKLIST 82: Wood Preserving Listings (Cont'd)
SPA 10
FEDERAL REQUIREMENT
development of
written plan for up-
grading, repairing and
modifying drip pad
to meet 265.443(b)
requirements;
submittal of plan to
Regional Adminis-
trator no later than
2 years before
completion of modi-
fications;
written plan docu-
mentation, review and
certification require-
ments; conditions for
completion of
upgrades, repairs
and modifications
for existing drip
pads of known and
documentable age,
upgrades, repairs and
modifications com-
pleted within two years
of June 6, 1991; or
when the drip pad has
reached 15 years of
age, whichever comes
later
for existing drip pads
with no documentable
age, upgrades, repairs
and modifications
must be completed
within 8 years of June
June 6, 1991; if
facility is over 7 years
old, completion by the
time facility reaches
15 years or by two
years after June 6,
1991, whichever
comes later
FEDERAL RCRA CITATION
265.44Kb)
265.441 (b)(1)
265.441 (b)(2)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
KSOT^
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
December 6, 1990 - Page 21 of 32
DC82 - 6/22/92
-------
RCRA REVISION CHECKLIST 82: Wood Preserving Listings (Cont'd)
FEDERAL REQUIREMENT
conditions under
which owner or
operator may petition
Regional Adminis-
trator for extension
of deadline;
petition granted if
drip pad meets all
265.443 requirements,
except those for
liners and leak
detection systems
specified in
265.443(b)
submittal of
required drawings
and certification to
Regional Administrator
or State Director
upon completion of
all repairs and
modifications
if drip pad found to
be leaking or unfit for
use, comply with
265.443(m) provi-
sions or close drip
pad in accordance
with 265.445
FEDERAL RCRA CITATION
265.441 (b)(3)
265.441(c)
265.441 (d)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
DESIGN AND INSTALLATION OF NEW DRIP PADS
owners and operators
of new drip pads
must ensure that the
pads are designed,
installed and
operated in
accordance with all
applicable 265.443,
265.444 and
265.445 requirements
265.442
DESIGN AND OPERATING REQUIREMENTS
drip pads must:
265.443(a)
December 6, 1990 - Page 22 of 32
DC82 • 6/22/92
-------
RCRA REVISION CHECKLIST 82: Wood Preserving Listings (Cont'd)
SPA 10
FEDERAL REQUIREMENT
be constructed of
non-earthen
materials, excluding
wood and non-
structurally supported
asohalt
be sloped to free-
drain wastes to the
associated collection
svstem
have a curb or berm
around the perimeter
be impermeable
as specified
be of sufficient
structural strength
and thickness to
meet specified condi-
tions; note regarding
structural integrity
standards
a new drip pad or an
existing drip pad,
after the 265.441 (b)
deadline, must have:
a synthetic liner
that meets certain
specifications
specific requirements
for liner construction
materials
foundation or base
requirements
liner must cover
all surrounding
earth that could
come into contact
with the waste
or leakage
leakage detection
system immediately
above the liner;
detection
system must be:
constructed of
materials that are:
FEDERAL RCRA CITATION
265.443(aK1)
265.443(a)(2)
265.443(aH3)
265.443(aN4)
265.443(a)(5)
265.443(b)
265.443(b)m
265.443(b)(1)(i)
265.443(b)(1)(ii)
265.443(b)(1)(iii)
265.443(bH2)
265.443(b)(2Hi)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
December 6, 1990 - Page 23 of 32
DC82 • 6/22/92
-------
RCRA REVISION CHECKLIST 82: Wood Preserving Listings (Cont'd)
FEDERAL REQUIREMENT
chemically resistant
to relevant waste
and leakaae
of sufficient strength
and thickness to
prevent collapse
designed to detect the
failure of the drip
pad or the presence
of hazardous waste
release or
accumulated liquid at
the earliest
practicable time
maintenance of drip
pads; note regarding
remedial action
convey, drain, and
collect liquid resulting
from drippage or
precipitation in order
to prevent run-off
run-on control
system requirements,
unless drip pad
is protected
by a structure, as
described in
265.440fb)
run-off management
system requirements,
unless drip pad
is protected by a
structure, as
described in
265.440M
evaluation of
drip pad for
compliance with
265.443(a) - (f)
requirements;
design certification
required
FEDERAL RCRA CITATION
265.4430>H2)(iHA)
265.443(bM2)(i)(B)
265.443(b)(2Wi)
265.443(C)
265.443(d)
265.443(6)
265.443(f)
265.443(0)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
December 6, 1990 - Page 24 of 32
DC82 - 6/22/92
-------
RCRA REVISION CHECKLIST 82: Wood Preserving Listings (Cont'd)
SPA 10
FEDERAL REQUIREMENT
removal of drippage
and accumulated
precipitation from
associated collection
system as necessary
to prevent overflow
onto the drio pad
thorough cleaning of
drip pad surface at
least once every
seven days to meet
specified conditions;
documentation of
date, time and
cleaning procedure in
facility's
ooeratina loa
minimize tracking of
hazardous waste or
constituents off the
drio oad
after removal from
treatment vessel,
treated wood from
pressure and non-
pressure processes
must be held on pad
until drippage has
ceased; documen-
tation required
collection and holding
units for run-on and
run-off control systems
emptied or otherwise
managed as soon as
possible after storms
to maintain design
capacity
FEDERAL RCRA CITATION
265.443(h)
265.443M
265.443(i)
265.443(k)
265.443d)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
December 6, 1990 - Page 25 of 32
DC82 - 6/22/92
-------
RCRA REVISION CHECKLIST 82: Wood Preserving Listings (Cont'd)
FEDERAL REQUIREMENT
throughout the active
life of the drip pad
and as specified in
the permit, repair of
detected condition
that could lead to
or has caused a
release of hazardous
waste within a
reasonable period
of time, in accordance
with the following
procedures:
upon detection of a
condition that has led
or could lead to a
release of hazardous
waste, the owner
must:
entry of discovery in
the facility operating
loo
immediate removal
from service of
affected portion of
drio oad
determination of steps
to repair drip pad,
remove any leakage,
and establish schedule
for clean up and
repairs
notify Regional
Administrator within
24 hours after dis-
covery; provide written
notice as specified
within 10 workina davs
review, determination
and notification by
Reaional Administrator
FEDERAL RCRA CITATION
265.443(m)
265.443(m)m
265.443(m)(1)(i)
265.443(m)(1)(ii)
265.443(m)(1)(iii)
265.443(m)m(iv)
265.443(m)(2)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
December 6, 1990 • Page 26 of 32
DC82 - 6/22/92
-------
RCRA REVISION CHECKLIST 82: Wood Preserving Listings (Cont'd)
SPA 10
FEDERAL REQUIREMENT
2 written notification to
Regional Adminis-
trator and
certification of
compliance with
265.443(m)(1)(iv)
after repairs and
clean UD
documentation in
operating log, as
specified, of
past operating and
waste handling
practices
FEDERAL RCRA CITATION
265.443(m)(3)
265.443(n)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
INSPECTIONS
inspection of liners
and coyer systems
for uniformity, damage
and imperfections
during construction or
installation; inspection
and certification of
liners to meet
265.443 requirements;
maintenance of
certification as part
of the facility
operating record;
inspection of liners
and covers after
installation
drip pad must be
inspected weekly and
after storms to detect
evidence of any of
the following:
deterioration,
malfunctions or
improper operation
of run-on and run-off
control systems
presence of
leakage in and proper
functioning of leak
detection svstem
265.444(a)
265.444(b)
265.444(b)m
265.444(bK2)
December 6, 1990 - Page 27 of 32
DC82 - 6/22/92
-------
RCRA REVISION CHECKLIST 82: Wood Preserving Listings (Cont'd)
FEDERAL REQUIREMENT
deterioration or
cracking of drip pad
surface; note regar-
ding remedial action
FEDERAL RCRA CITATION
265.444(bH3)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
CLOSURE
at closure, removal
and decontamination
requirements; manage-
ment as hazardous
waste
closure and post-
closure care of drip
pad as a landfill under
265.310, if some
contaminated subsoils
cannot be removed or
decontaminated;
for permitted
units, permit require-
ment continues
throughout post-
closure period
owner or operator
of an existing drip
pad not in compliance
with the 265.443(b)(1)
liner requirements
must:
include in the closure
plan for the drip pad
under 265.112, a plan
for 265.445(a) com-
pliance and a contin-
gent plan for
265.445(b) compliance
prepare contingent
post-closure plan
under 265.118 for
complying with
265.445(b) in case
not all contaminated
subsoils can be
practicably removed
at closure
265.445(a)
265.445(b)
265.445(0(1)
265.445(0(1 )W
265.445(0(1 )(ii)
December 6, 1990 - Page 28 of 32
DC82 • 6/22/92
-------
RCRA REVISION CHECKLIST 82: Wood Preserving Listings (Cont'd)
SPA 10
FEDERAL REQUIREMENT
cost estimates cal-
culated under 265.112
and 265.144 for clos-
ure and post-closure
care of drip pad sub-
ject to 265.445(c) must
include cost of comply-
ing with contingent
closure plan and con-
tingent post-closure
plan; cost of expected
closure under
265,445(a) need
not be included
FEDERAL RCRA CITATION
265.445(c)(2)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
PART 270 - EPA ADMINISTERED PERMIT PROGRAMS:
THE HAZARDOUS WASTE PERMIT PROGRAM
SUBPART B - PERMIT APPLICATION
3 SPECIAL PART B INFORMATION REQUIREMENTS FOR DRIP PADS
additional information
to be provided by
owners and operators
of hazardous waste
treatment, storage,
or disposal facilities
that collect, store, or
treat hazardous waste
on drip pads, except
as otherwise provided
bv 264.1
list of hazardous
wastes placed or to be
placed on
each drio Dad
detailed plans and
an engineering report
describing how
264.90(b)(2) will
be met, if an
exemption is sought
to Subpart F of
Part 264
270.22
270.22(a)
270.22(b)
-
December 6, 1990 - Page 29 of 32
. DC82 - 6/22/92
-------
RCRA REVISION CHECKLIST 82: Wood Preserving Listings (Cont'd)
FEDERAL REQUIREMENT
detailed plans and
an engineering report
describing the design,
construction, opera-
tion and maintenance
of drip pad to meet
264.572 require-
ments; submission
must address
264.571 items
design characteristics
of the drio pad
liner system
leakage detection
system
practices designed
to maintain drip
pads
associated collection
system
control of run-on
to the drip Dad
control of run-off
from the drip Dad
removal intervals and
demonstration of
sufficiency to prevent
overflow
procedures for
cleaning drip pad at
least once every
seven days;
provisions for
documentation of
date, time and
cleanina procedure
operating practices
and procedures to
minimize tracking of
hazardous waste
or waste constituents
off the drip pad
FEDERAL RCRA CITATION
270.22(c)
270.22(cH1)
270.22(c)(2)
270.22(c)(3)
270.22(c)(4)
270.22(c)(5)
270.22(c)(6)
270.22(cH7)
270.22(C)(8)
270.22(cK9)
270.22(c)(10)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
LALENT
MORE
STRINGENT
BROADER
IN SCOPE
December 6, 1990 - Page 30 of 32
DC82 - 6/22/92
-------
RCRA REVISION CHECKLIST 82: Wood Preserving Listings (Cont'd)
SPA 10
FEDERAL REQUIREMENT
procedures for
ensuring that
treated wood from
pressure and non-
pressure processes is
held on the drip pad
until drippage has
ceased; recordkeeping
practices
provisions for
ensuring that
collection and
holding units for
run-on and run-off
control systems
are emptied or
managed as soon as
possible after storms
to maintain design
capacity
if treatment is carried
out on the drip pad,
details of process
equipment used, and
the nature and quality
of residuals
description of drip
pad inspections to
meet 264.572 require-
ments; include in
270.14(b)(5)
inspection plan
certification that drip
pad design meets
264.571(a) - (f)
requirements
FEDERAL RCRA CITATION
270.22(c)(11)
270.22(cK12)
270.22(c)(13)
270.22(c)(14)
270.22(c)(15)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
December 6, 1990 - Page 31 of 32
DC82 -6/22/92
-------
RCRA REVISION CHECKLIST 82: Wood Preserving Listings (Cont'd)
SPA 10
FEDERAL REQUIREMENT
description of removal
procedures at closure
under 264.573(a);
for waste not removed
at closure, submittal
of detailed plan and
engineering report to
describe compliance
with 264.310(a)
and (b); information
should be included
in closure plan
and, where applicable,
270.14(b)(13)
post-closure plan
FEDERAL RCRA CITATION
270.22(c)(16)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
1 Note that paragraph 264.572(m)(3) in the Federal Register (55 FR 50486, December 6, 1990),
has an incorrect reference. The reference to "paragraph (m)(3) of this section" should be to
"paragraph (m)(1)(iv) of this section." This error is addressed by the July 1, 1991 technical
corrections to the rule (56 FR 30192).
2 Note that paragraph 265.443(m)(3) in the Federal Register (55 FR 50488, December 6, 199Qj|
has an incorrect reference. The reference to "paragraph (m)(3) of this section" should be to
"paragraph (m)(1)(iv) of this section." This error is addressed by the July 1, 1991 technical
corrections to the rule (56 FR 30192).
3 Note that the Boilers and Industrial Furnaces Rule (56 FR 7134; February 21, 1991; Revision
Checklist 85) inadvertently removed these requirements from the code. The July 1, 1991 (56
FR 30192; Revision Checklist 92) Wood Preserving technical corrections notice rectified this
problem by redesignating this section as 270.26.
December 6, 1990 - Page 32 of 32
DC82 - 6/25/92
-------
SPA 10
CONSOLIDATED CHECKLIST
for the
Toxicity Characteristics Revisions as of June 30, 1991
1) This checklist consolidates the changes to the Federal code addressed by the Toxicity
Characteristic (TC) Rule [55 FR 11798 (March 29, 1990)] and subsequent revisions [55 FR 26986
(June 29, 1990), 55 FR 40834 (October 5, 1990), 56 FR 3978 (February 1, 1991), and 56 FR 13406
(April 2, 1991)] which have occurred through June 30, 1991. Note that there have been several
technical corrections to the TC Rule preamble. An August 2, 1990 (55 FR 31387) notice corrected a
typographical error in an implementation timetable found in the TC rule's preamble. This error
created confusion among small quantity generators regarding their notification responsibilities for TC
wastes. This rule also extended the period of time within which affected small quantity generators
must comply with the new modification requirements. An August 10, 1990 (55 FR 32377) notice
corrected the August 2, 1990 notice. On September 27, 1990, a clarification to the March 29 final
rule was published in the Federal Register (55 FR 39409) regarding four implementation issues. This
clarification also only affected the TC rule preamble.
2) Two interim final rules (55 FR 40834; October 5, 1990 and 56 FR 3978; February 1; 1991) and a
final rule (56 FR 13406; April 2, 1991) extended the compliance date of the Toxicity Characteristic
(TC) rule for certain hydrocarbon recovery and remediation operations. This extension is addressed
by Revision Checklist 80 and included in this Consolidated Checklist. Because a less stringent
requirement than that imposed by the TC rule is in effect until January 23, 1993, the incorporation by
States of this extension is optional.
3) States are strongly encouraged to adopt the Permit Modifications rule (53 FR 37912; September
28, 1988; Revision Checklist 54) and the "Christmas Tree Rule" (54 FR 9596; March 7, 1989;
Revision Checklist 61) to ease implementation of the Toxicity Characteristic Rule and future waste
listings. While both of these rules are optional, they will greatly reduce the immediate permit burden
resulting from the TC rule.
FEDERAL REQUIREMENT
TC
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV- 1 MORE
ALENT I STRINGENT
BROADER
IN SCOPE
PART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
SUBPART A - GENERAL
EXCLUSIONS
replace "charac-
teristic of EP toxicity"
with "Toxicity Charac-
teristic"
replace "characteristic
of EP toxicity" with
"Toxicity Characteristic
solely for arsenic"
74
74
261.4(bH6)(i)
261.4(b)(9)
Page 1 of 6
DTC10.10 • 12/16/91
-------
CONSOLIDATED CHECKLIST: Toxicity Characteristics (cont'd)
FEDERAL REQUIREMENT
1 add new paragraph
regulating petroleum-
contaminated media
and debris that fail
the 261 .24 Toxicity
Characteristic test
(D018 through D043
only) and are subject
to Part 280 corrective
action
TC
CHECKLIST
REFERENCE
74
FEDERAL RCRA CITATION
261.4(b)(10)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
t.2 EXTENSION FOR SPECIFIED HYDROCARBON RECOVERY OPERATIONS
until January 25,
1993, exclusion for
injected groundwater
exhibiting the 261.24
Toxicity Charcteristic
that is infiltrated or
reinjected pursuant to
specified hydrocarbon
recovery operations
existing on or before
March 25, 1991; ex-
tension only until six
months after final rule
publication for ground-
water returned through
infiltration galleries;
conditions for new
operations involving
injection to qualify
for date extension
operations are per-
formed pursuant to a
written state agree-
ment that includes a
provision to assess
the groundwater and
the need for further
remediation once the
free phase recovery
is comoleted
80
80
261.4(bH11)
261.4(bM11)m
•'
Page 2 of 6
DTC10.10 - 12/16/91
-------
CONSOLIDATED CHECKLIST: Toxicity Characteristics (cont'd)
SPA 10
FEDERAL REQUIREMENT
3 copy of written
agreement has been
submitted to the
Characteristics
Section, U.S.
Environmental
Protection Aaencv
CHECKLIST
REFERENCE
80
FEDERAL RCRA CITATION
261.4(bM11)(ii)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
"EoTJRT
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
PCB WASTES REGULATED UNDER TOXIC SUBSTANCE CONTROL ACT
exemption for PCB-
containing wastes,
already regulated
under Part 761
(TSCA), that fail the
261 .24 Toxicity Char-
acteristic test (D018
throuah D043 onlv)
74
261.8
SUBPART C - CHARACTERISTICS OF HAZARDOUS WASTE
TOXICITY CHARACTERISTIC
remove "EP" before
"toxicity"; insert "using
the methodology
outlined in Appendix
1 1" after "after
filtering"; change
"purposes" to
"ouroose"
1 remove "EP" before
"toxicity"; add D018
through D043 to
Table 1; add new
column with CAS
numbers
74
74
261.24(a)
261.24(b)
Page 3 of 6
DTC10.10 - 12/16/91
-------
CONSOLIDATED CHECKLIST: Toxicity Characteristics (cont'd)
FEDERAL REQUIREMENT
TC
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV- 1 MORE
ALENT 1 STRINGENT
BROADER
IN SCOPE
TABLE 1.— MAXIMUM CONCENTRATION of
CONTAMINANTS FOR THE Toxicrnc
CHARACTERISTIC
EPA
HW
NO.1
0004
ocos
0019
0006
0019
0020
0021
0022
0007
0023
0024
0025
002d
0016
OC27
0028
0029
0030
0012
0031
0032
Coot^fflinAfit
Ars«fiie
Bwn «_
Cadmium
Carton
(•tncNorid*.
Chlordvit
CMorcMnztfl*
Ghiof oforni ............
Ovofflufli ...._«..
o-Crwot
m.Cr«sol _.
P^fGSOl..........
CTMOI , —
2 4O
1.4.
OicMorOOM-
ztn*.
1.2-
OicNofowtt.
•n*.
1.1-
OicNoroMhy.
tow.
2,4.
OintotoMn*
Endrw _ —
H4pHCtvOT (Aftd
it* ftydrOBd*).
ZMW.
CAS No.'
7440-38-2
7440-39-3
71-43-2
7440-»3-9
56-23-5
S7-74-9
109-90-7
67-66-3
7440-47-3
9S-4S-7
108-39-4
106-44-5
aZn^r"
106-46-7
107^)6-2
75-35-4
121-14-2
72-20-4
78-U-4
116-74-1
Regula-
tory
L«v«l
fmq/L)
5.0
100.0
0.5
1.0
0.5
0.03
1000
6.0
SO.
•200.0
4 200.0
'200.0
« 200.0
10.0
7.5
0.5
0.7
»0.13
0.02
O.C06
»0.13
0033
0034
0008
0013
0009
0035
0038
0037
0038
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0043
Mwcuy
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NiftMnzMM
PoiiraeMoio-
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87-68-3
67-72-1
7403-92-1
58-89-9
7439-97-6
72-43-5
78-93-3
98-96-3
87-66-5
110-68-1
7782-49-2
7440-22-4
8001-35-2
79-01-6
88-06-2
93-72-1
75-01-4
0.5
3.0
5.0
0.4
OS
10.0
200.0
2.0
100.0
•5.0
1.0
5.0
0.7
0.5
0.5
400.0
2.0
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•OtMnMtton fcnf •
Th«
m*i ttw cateutaMd
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• M ». r». tf4 pOMOl OOne«n»rmoB»
HuaimiA *m MM CTMOI (0028) umcn
uMd. Tlw rwuMvy *«*• ol WH owot • 200
SUBPART D - LISTS OF HAZARDOUS WASTES
GENERAL
replace "EP Toxic
Waste" in the hazard
codes and in the text
following the hazard
codes with Toxicity
Characteristic Waste"
•
74
261.30(b)
Page 4 of 6
DTC10.10 - 12/16/91
-------
CONSOLIDATED CHECKLIST: Toxicity Characteristics (cont'd)
SPA 10
FEDERAL REQUIREMENT
TC
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
APPENDIX II TO PART 261
METHOD 1311 TOXICITY CHARACTERISTIC LEACHING PROCEDURE (TCLP)
4 EP toxicity test
procedures are
replaced by Method
1311 Toxicity
Characteristic Leaching
Procedures (TCLP)
74
Aooendix II
PART 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS
WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SUBPART N - LANDFILLS
DESIGN AND OPERATING REQUIREMENTS
replace "EP Toxicity
Characteristics" with
"Toxicity Character-
istics"; insert "with
EPA Hazardous Waste
Numbers D004 through
D0 17" after "chapter"
74
264.301 (e)(1)
PART 265 - INTERIM STATUS STANDARDS FOR OWNERS AND
OPERATORS OF HAZARDOUS WASTE TREATMENT,
STORAGE, AND DISPOSAL FACILITIES
SUBPART K - SURFACE IMPOUNDMENTS
DESIGN REQUIREMENTS
replace "EP Toxicity
Characteristics" with
"Toxicity Character-
istics"; insert "with
EPA Hazardous Waste
Numbers D004 through
D017" after "chanter11
74
265.221 (cftm
Page 5 of 6
DTCtO.IO - 12/16/91
-------
CONSOLIDATED CHECKLIST: Toxicity Characteristics (cont'd)
FEDERAL REQUIREMENT
TO
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV- I MOHS
ALENT 1 STRINGENT
BROADER
IN SCOPE
SUBPART M - LAND TREATMENT
WASTE ANALYSIS
replace "exceed" with
"equal or exceed";
replace "EP Toxicity
Characteristic" with
Toxicity Charac-
teristic"
74
265.273(3)
PART 268 - LAND DISPOSAL RESTRICTIONS
APPENDIX I TO PART 268
TOXICITY CHARACTERISTIC LEACHING PROCEDURE (TCLP)
5 replace Appendix with
note stating the TCLP
is located in Appendix
II of Part 261
74
Aooendix I
Also see technical corrections to the rule at 55 PR 26986 (June 29, 1990).
See the immediate final rules at 55 FR 40834 (October 5, 1990) and 56 FR 3978 (February 1,
1991) and the final rule at 56 FR 13406 (April 2, 1991).
A copy of the agreement should be sent to EPA's Characteristics Section; thus, this reference
should remain in a State's code. A copy of the written agreement may also be sent to the State,
if the State chooses to include this requirement.
Because the June 29, 1990 (55 FR 26986) notice made extensive corrections to Appendix II, Part
261, the Appendix in that notice should be used instead of the one in the March 29, 1990 (55 FR
11798) notice.
Page 6 of 6
DTC10.10 - 12/16/91
-------
SPA 10
RCRA REVISION CHECKLIST 17 M
Pre-construction Ban
Note: States must delete- the old pre-July 15, 1985 version of 270.10(f)(3), that allows
construction without a permit under limited circumstances. This language must be removed,
whether or not the State chooses to adopt the provision regarding the construction of TSCA PCB
facilities. The change made to 270.10(f)(1) is considered trivial, however, as it does not alter the
meaning of that paragraph.
FEDERAL REQUIREMENT
FEDERAL RCRA CITATION
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
PART 270 - EPA ADMINISTERED PERMIT PROGRAM:
HAZARDOUS WASTE PERMIT PROGRAM
THE
SUBPART B - PERMIT APPLICATION
GENERAL APPLICATION REQUIREMENTS
new HWM facilities
delete old
pre-construction
provision
t NEW:
TSCA PCB facilities
270.1 omm
270.1 0(W3)
270.10(0(3)
July 15, 1985 - Page 1 of 1
DCL17M.10 - 6/19/92
-------
SPA 10
RCRA REVISION CHECKLIST 44 C
Corrective Action for Injection Wells
Note: For the Part 144 entries on this checklist, States authorized for a UIC program need only
cite the corresponding authorized provision and indicate that the State is already authorized for
this provision under the UIC program. If a State is not authorized under the UIC program for
Class I wells, (i.e., EPA retains primary enforcement responsibility) or the State has demonstrated
to EPA's satisfaction that there are no underground injections within the State for Class I wells
pursuant to 40 CFR 145.21 (e), then the State does not have to complete the portion of the
checklist for the Part 144 provisions.
FEDERAL REQUIREMENT
FEDERAL RCRA CITATION
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
E5DW- I
ALENT |
MORE BROADER
STRINGENT IN SCOPE
PART 144 - REQUIREMENTS FOR THE UNDERGROUND INJECTION CONTROL PROGRAM
SUBPART A - GENERAL PROVISIONS
PURPOSE AND SCOPE OF PART 144
interim status
for Class I wells
144.KM
SUBPART D - AUTHORIZATION BY PERMIT
APPLICATION FOR A PERMIT. AUTHORIZATION BY PERMIT
information
requirements
information on
hazardous waste
releases
preliminary site
investigations
1 44.31 (a)(1)
1 44.31 (a)(2)
1 44.31 (a)(3)
PART 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF
HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SUBPART A - GENERAL
PURPOSE, SCOPE^AND APPLICABILITY
remove (c)(2)
265.1 (c)(2)
December 1, 1987 - Page 1 of 2
DCL44C.10 - 6/19/92
-------
RCRA REVISION CHECKLIST 44C: Corrective Action for Injection Wells (cont'd)
FEDERAL REQUIREMENT
FEDERAL RCRA CITATION
ANALOGOUS
STATE CITATION
STATE ANALQg 13:
MORE I BROADER
ALENT I STRINGENT | IN SCOPE
PART 270 - EPA ADMINISTERED PERMIT PROGRAMS:
THE HAZARDOUS WASTE PERMIT PROGRAM
SUBPART F - SPECIAL FORMS OF PERMITS
PERMITS BY RULE
complies with
264.101
UIC well is
the only unit
270.60(b)(3Hi)
270.60(b)(3)(ii)
December 1, 1987 - Page 2 of 2
DCL44C.10 - 6/19/92
-------
SPA 10
RCRA REVISION CHECKLIST 45
Hazardous Waste Miscellaneous Units
52 FR 46946-46965
December 10, 1987
(Non-HSWA Cluster IV)
Note: 1) 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.
2) Note, the revision made to 141.31 (a) by the rule addressed by this checklist is not included in
this checklist, because it is not necessary for States to adopt this change to have RCRA
authorization for this rule. Effectively, this paragraph states that the 40 CFR 264, Subpart X
standards will suffice for the technical standards under the UIC program where the Part 146
technical standards are not generally appropriate. Note, however, such units may have other
requirements under the UIC program, with which they also must comply.
FEDERAL REQUIREMENT
FEDERAL RCRA CITATION
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
• BROADER
IN SCOPE
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 B - GENERAL FACILITY STANDARDS
APPLICABILITY
reference to
Suboart X
264.1 0(b)
GENERAL INSPECTION REQUIREMENTS
addition and omission
of specific citations
264.1 5(b)(4)
December 10, 1987 - Page 1 of 6
DCL4S.10 • 6/19/92
-------
RCRA REVISION CHECKLIST 45: Hazardous Waste Miscellaneous Units (cont'd)
FEDERAL REQUIREMENT
FEDERAL RCRA CITATION
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV- I MORE I BROADER
ALENT STRINGENT! IN SCOPE
LOCATION STANDARDS
add reference to
"miscellaneous
units"
264.1 8(b)(1Hii)
SUBPART E - MANIFEST SYSTEM, RECORDKEEPING, AND REPORTING
OPERATING RECORD
corrective action;
chanae 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
264.1 12(a)(2)
DISPOSAL OR DECONTAMINATION OF EQUIPMENT. STRUCTURES. AND SOILS
addition of
specific references
264.114
I
POST-CLOSURE CARE AND USE OF PROPERTY
addition of
Subpart "X"
addition of
Subpart "X"
264.1 17(a)(1Hi)
264.1 17(a)(1)(ii)
POST-CLOSURE PLAN AMENDMENT OF PLAN
addition of
Subpart "X"
264.1 18(b)(1)
December 10, 1987 - Page 2 of 6
DCL45.10 • 6/19/92
-------
RCRA REVISION CHECKLIST 45: Hazardous Waste Miscellaneous Units (cont'd)
SPA 10
FEDERAL REQUIREMENT '
addition of
Suboart "X"
addition of
Suboart "X"
FEDERAL RCRA CITATION
264.1 18(b)(2)(i)
264.1 18(b)(2)(ii)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
"EQUIV-
ALENT
MORE
STRINGENT
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(a)
LIABILITY REQUIREMENTS
miscellaneous
disposal unit
264.147(b)
SUBPART X - MISCELLANEOUS UNITS
APPLICABILITY
to whom
requirements 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 quality of
around water
qround-water flow
qround-water users
264.601
264.601(3)
264.601 (3)(1)
264.601 (3)(2)
264.601 (3)(3)
264.601 (3)(4)
264.601 (a)(5)
December 10, 1987 - Page 3 of 6
DCL45.10 - 6/19/92
-------
RCRA REVISION CHECKLIST 45: Hazardous Waste Miscellaneous Units (cont'd)
FEDERAL REQUIREMENT •
patterns of land use
deposition or
migration of wastes
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
qround-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 bv exposure
prevention of
releases to the air
characteristics
of waste
emission prevention
systems and
structures
operating
characteristics
characteristics
of unit and area
FEDERAL RCRA CITATION
264.601 (a)(6)
264.601 (a)(7)
264.601 (a)(8)
264.601 (a)(9)
264.60Kb)
264.601 (b)(1)
264.601 (b)(2)
264.601 (b)(3)
264.601 (b)(4)
264.601 (b)(5)
264.601 (b)(6)
264.601 (b)(7)
264.601 (b)(8)
264.601 (b)(9)
264.601 (b)( 10)
264.601 (b)(11)
264.601 (c)
264.601 (c)(1)
264.601(0(2)
264.601 (C)(3)
264.601 (c)(4)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
December 10, 1987 - Page 4 of 6
DCL45.10 - 6/19/92
-------
RCRA REVISION CHECKLIST 45: Hazardous Waste Miscellaneous Units (cont'd)
SPA 10
FEDERAL REQUIREMENT •
existing quality
of air
potential for
health risks
potential for damage
caused bv exposure
FEDERAL RCRA CITATION
264.601 (c)(5)
264.601 (c)(6)
264.601 (c)(7)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
MONITORING. ANALYSIS. INSPECTION. RESPONSE. REPORTING. AND CORRECTIVE ACTION
compliance
requirements
264.602
POST-CLOSURE CARE
post-closure
requirements
264.603
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
270.1 4(bM5)
270.14(b)(13)
SPECIFIC PART B INFORMATION REQUIREMENTS FOR MISCELLANEOUS UNITS
introductory paragraph
regarding what
owners/operators must
provide
detailed description
unit's physical
characteristics
descriptions for
compliance
description for post-
closure requirements
environmental
performance standards
potential exposure
pathwavs
270.23
270.23(a)
270.23(a)m
270.23(a)(2)
270.23(a)(3)
270.23(b)
270.23(c)
.-
December 10, 1987 - Page 5 of 6
DCL45.10 - 6/19/92
-------
RCRA REVISION CHECKLIST 45: Hazardous Waste Miscellaneous Units (cont'd)
FEDERAL REQUIREMENT •
effectiveness
of treatment
additional
information
FEDERAL RCRA CITATION
270.23(d)
270.23(e)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
December 10, 1987 - Page 6 of 6
DCL4S.10 • 6/19/92
-------
SPA 10
RCRA REVISION CHECKLIST 76
Criteria for Listing Toxic Wastes; Technical Amendment
55 FR 18726
May 4, 1990
(Non-HSWA Cluster VI)
Note: 1) Because the rule addressed by this checklist did not represent a change in EPA testing
policy, it was viewed as a technical amendment and promulgated without allowing public notice
and comment. EPA learned that some organizations opposed EPA's interpretation and favored
the language prior to the May 4, 1990 revision. In the interest of a full public airing of the issue,
the Agency obtained a judicial remand of the May 4, 1990 amendment (EOF V. EPA, No. 90-1387
(D.C. Cir.)) on May 20 1991. On January 2, 1992 (57 FR 12), EPA reissued the May 4, 1990
amendment. Because these changes were already addressed by this present checklist, a
checklist was not developed for the January 2, 1992 final rule nor was this rule added to this
checklist (i.e., this rule was not added to StATS).
2) This checklist has been designated as optional because not all States have analogs to 261.11
and would only need to adopt the amendments addressed by this checklist if the State has an
analog.
FEDERAL REQUIREMENT
FEDERAL RCRA CITATION
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV- I MORE
ALENT I STRINGENT
BROADER
IN SCOPE
PART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
SUBPART B - CRITERIA FOR IDENTIFYING THE CHARACTERISTICS OF
HAZARDOUS WASTE AND FOR LISTING HAZARDOUS WASTE
t CRITERIA FOR LISTING HAZARDOUS WASTE
replace "unless" after
"Appendix VIII" with
"and"; delete "any of"
after "considering";
delete "not" after
"waste is"
261.11(a)(3)
May 4, 1990 - Page 1 of 1
DCL76.10 - 6/19/92
-------
SPA 10
TABLE G-1. LIST OF REVISION CHECKLISTS BY CLUSTER
Through December 31, 1990
StATS*-'
Rule
Code
Revision
Checklist
Number
Federal Reauirement
Promulga-
HSWA or FR tion or
Reference HSWA Date
Non-HSWA Reauirements prior to Non-HSWA Cluster I (January 26.
1983 - June 30. 1984: Due Date - one vear after the oromulaation date of
1
2
3
4
5
6
7
8
Al
9
10
11
12
13
1
2
3
4
5
t6
t7
t8
t9
10
11
t12
13
the final rule^)
Biennial Report (See Revision Checklist
30)
Permit Rules; Settlement Agreement
Interim Status Standards; Applicability (See
Revision Checklist 10 in Non-HSWA
Cluster I)
Chlorinated Aliphatic Hydrocarbon Listing
(F024)
National Uniform Manifest (See Revision
Checklists 17 D & 32 in HSWA Cluster I)
Permit Rules; Settlement Agreement
Warfarin and Zinc Phosphide Listing
Lime Stabilized Pickle Liquor Sludge
Non-HSWA Cluster I (Julv 1. 1984 - June 30
1986^)
State Availability of Information
Household Waste
Interim Status Standards; Applicability
Corrections to Test Methods Manual
Satellite Accumulation
Definition of Solid Waste
48 FR 3977 1/28/83
48 FR 39611 9/1/83
48 FR 52718 11/22/83
49 FR 5308 2/10/84
49 FR 10490 3/20/84
49 FR 17716 4/24/84
49 FR 19922 5/10/84
49 FR 23284 6/5/84
1985; Due Date - Julv 1 .
HSWA §3006(0 11/8/84
49 FR 44978 11/13/84
49 FR 46094 11/21/84
49 FR 47390 12/4/84
49 FR 49568 12/20/84
50 FR 61 4' 1/4/85
Continued . . .
DLIST10 - 6/19/92
-------
StATS
Rule
Code
SPAOQ
TABLE G-1. LIST OF REVISION CHECKLISTS BY CLUSTER (cont'd)
Through December 31, 1990
Revision Promulga-
Checklist HSWA or FR tion or
Number Federal Requirement Reference HSWA Date
13.1
15
13.2
24
26
MW
27
28N
29
15
(13)
24
t26
28
29
Non-HSWA Cluster I (cont'd)
[Definition of Solid Waste; Correction 50 FR 14216
(Included on Revision Checklist 13 in Non-
HSWA Cluster I)]
4/11/85
Interim Status Standards for Treatment,
Storage, and Disposal Facilities
50 FR 16044 4/23/85
Non-HSWA Cluster II (July 1. 1985 • June 30. 1986: Due Date - July 1.
1987-)
[Definition of Solid Waste; Correction
(Included on Revision Checklist 13 in Non-
HSWA Cluster I)]
Financial Responsibility; Settlement
Agreement (See Revision Checklist 24
(Amended) in Non-HSWA Cluster VI)
Listing of Spent Pickle Liquor (K062)
50 FR 33541 8/20/85
51 FR 16422 5/2/86
51 FR 19320 5/28/86
Non-HSWA Cluster III (July 1. 1986 - June 30. 1987: Due Date - July 1.
1988^)
Radioactive Mixed Waste (See SPA 2)
Liability Coverage; Corporate Guarantee
(See Revision Checklist 43 in Non-HSWA
Cluster IV)
Standards for Hazardous Waste Storage
and Treatment Tank Systems (Certain
sections superseded by 53 FR 34079, see
Revision Checklist 52 in Non-HSWA
Cluster V; also see Revision Checklist 28
in HSWA Cluster I)
Correction to Listing of Commercial
Chemical Products and Appendix VIII
Constituents (Completely superseded by
53 FR 13382; use Revision Checklist 46 in
Non-HSWA Cluster IV to replace this
checklist)
51 FR 24504
51 FR 25350
51 FR 25422
7/3/86
7/11/86
7/14/86
51 FR 28296
8/6/86
Continued^
DLIST10 - 6/19/92
-------
SPA 10
TABLE G-1. LIST OF REVISION CHECKLISTS BY CLUSTER (cont'd)
Through December 31, 1990
StATS Revision Promulga-
Rule Checklist HSWA or FR tion or
Code Number Federal Requirement Reference HSWA Date
28N.1
26.1
40
41
26.2
38.1
(28)
(26)
35
36
37
38
35
36
37
38
40
41
(26)
(38)
Non-HSWA Cluster III (cont'd)
[Standards for Hazardous Waste Storage
and Treatment Tank Systems; Correction
(Included on Revision Checklist 28 in Non-
HSWA Cluster III)]
[Listing of Spent Pickle Liquor; Correction
(Included on Revision Checklist 26 in Non-
HSWA Cluster II)]
Revised Manual SW-846; Amended
Incorporation by Reference
Closure/Post-Closure Care for Interim
Status Surface Impoundments
Definition of Solid Waste; Technical
Corrections
Amendments to Part B Information
Requirements for Land Disposal Facilities
51 FR 29430 8/15/86
51 FR 33612 9/22/86
52 FR 8072
52 FR 8704
3/16/87
3/19/87
52 FR 21306 6/5/87
52 FR 23447 6/22/87
Non-HSWA Cluster IV (July 1. 1987 - June 30. 1988: Due Date - July 1.
List (Phase 1) of Hazardous Constituents
for Ground-water Monitoring
Identification and Listing of Hazardous
Waste
(Spent Pickle Liquor from Steel Finishing
Operations (See footnote 1, Revision
Checklist 26 in Non-HSWA Cluster II)
[Development of Corrective Action
Programs After Permitting Hazardous
Waste Land Disposal Facilities; Corrections
(Included on Revision Checklist 38 in Non-
HSWA Cluster III)]
52 FR 25942
52 FR 26012
52 FR 28697
52 FR 33936
7/9/87
7/10/87
8/3/87
9/9/87
Continued . . .
DLIST10 - 6/19/92
-------
StATS
Rule
Code
SP
TABLE G-1. LIST OF REVISION CHECKLISTS BY CLUSTER (cont'd)
Through December 31, 1990
Revision Promulga-
Checklist HSWA or FR tion or
Number Federal Requirement Reference HSWA Date
43
45
24.1
46
49
51
45
(24)
46
t49
51
52 FR 44314
52 FR 46946
53 FR 7740
11/18/87
12/10/87
3/10/88
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 (Included on
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 (July 1. 1988 - June 30. 1989: Due Date -July 1.
53 FR 27290 7/19/88
53 FR 33938 9/1/88
53 FR 13382 4/22/8
Identification and Listing of Hazardous
Waste; Treatability Studies Sample
Exemption
Standards Applicable to Owners and
Operators of Hazardous Waste Treatment,
Storage, and Disposal Facilities; Liability
Coverage (Withheld; EPA is responding to
the settlement of litigation surrounding this
rule)
Continued". . .
DLIST10 - 6/19/92
-------
SPA 10
TABLE G-1. LIST OF REVISION CHECKLISTS BY CLUSTER (cont'd)
Through December 31, 1990
StATS Revision Promulga-
Rule Checklist HSWA or FR tion or
Code Number Federal Requirement Reference HSWA Date
52N
53
54
55
54.1
56
57
58
59
52
53
T54
55
(54)
t56
t57
t58
59
60
60
Non-HSWA Cluster V (cont'd)
Hazardous Waste Management System;
Standards for Hazardous Waste Storage
and Treatment Tank Systems (Supersedes
certain portions of Revision Checklist 28 in
Non-HSWA Cluster III; also see Revision
Checklist 52 in HSWA Cluster II)
Identification and Listing of Hazardous
Waste; and Designation, Reportable
Quantities, and Notification
Permit Modifications for Hazardous Waste
Management Facilities
Statistical Methods for Evaluating Ground-
Water Monitoring Data from Hazardous
Waste Facilities
[Permit Modifications for Hazardous Waste
Management Facilities (Included on
Revision Checklist 54 in Non-HSWA
Cluster V)]
Identification and Listing of Hazardous
Waste; Removal of Iron Dextran from the
List of Hazardous Wastes
Identification and Listing of Hazardous
Waste; Removal of Strontium Sulfide from
the List of Hazardous Wastes
Standards for Generators of Hazardous
Waste; Manifest Renewal
Hazardous Waste Miscellaneous Units;
Standards Applicable to Owners and
Operators (Technical correction to Revision
Checklist 45 in Non-HSWA Cluster IV)'
Amendment to Requirements for
Hazardous Waste Incinerator Permits
53 FR 34079
53 FR 35412
53 FR 37912
53 FR 39720
53 FR 41649
53 FR 43878
53 FR 43881
53 FR 45089
54 FR 615
9/2/88
9/13/88
9/28/88
10/11/88
10/24/88
10/31/88
10/31/88
11/8/88
1/9/89
54 FR 4286
1/30/89
8
Continued . . .
DLIST10 - 6/19/92
-------
TABLE G-1. LIST OF REVISION CHECKLISTS BY CLUSTER (cont'd)
Through December 31, 1990
StATS Revision
Rule Checklist HSWA or FR
Code Number Federal Requirement Reference
Promulga-
tion or
HSWA Date
61
t61
64
65
67
70*
65
67
70
(70)
(70)
Non-HSWA Cluster V (cont'd)
Changes to Interim Status Facilities for 54 FR 9596 3/7/89
Hazardous Waste Management Permits;
Modifications of Hazardous Waste
Management Permits; Procedures for Post-
Closure Permitting
Non-HSWA Cluster VI (July 1. 1989 - June 30. 1990: Due Date r July 1.
T99p)
Delay of Closure Period for Hazardous
Waste Management Facilities
Mining Waste Exclusion I
Testing and Monitoring Activities
Changes to Part 124 Not Accounted for by
Present Checklists
Environmental Permit Regulations; RCRA
Hazardous Waste; SDWA Underground
Injection Control; CWA National Pollutant
Discharge Elimination System; CWA
Section 404 Dredge or Fill Programs; and
CAA Prevention of Significant Deterioration
(See Revision Checklist 70 in Non-HSWA
Cluster VI)
Hazardous Waste Management System;
Permit Program; Requirements for
Authorization of State Programs;
Procedures for Decisionmaking;
Identification and Listing of Hazardous
Waste; Standards for Owners and
Operators of Hazardous Waste Storage,
Treatment, and Disposal Facilities; Interim
Status Standards for Owners and
Operators of Hazardous Waste Storage,
Treatment, and Disposal Facilities;
Correction (See Revision Checklist 70 in
Non-HSWA Cluster VI)
54 FR 33376 8/14/89
54 FR 36592
54 FR 40260
9/1/89
9/29/89
48 FR 14146 4/1/83
48 FR 30113 6/30/83
Continued TT .
DLIST10 - 6/19/92
-------
SPA 10
TABLE G-1. LIST OF REVISION CHECKLISTS BY CLUSTER (cont'd)
Through December 31, 1990
StATS Revision Promulga-
Rule Checklist HSWA or FR tion or
Code Number Federal Requirement Reference HSWA Date
24A
71
72
73
76
78N
(70)
(70)
(7.0)
24?
(Amended)
71
T72
73
t76
78*
Non-HSWA Cluster VI (cont'd)
Underground Injection Control Program;
Hazardous Waste Disposal Injection
Restrictions; Amendments to Technical
Requirements for Class I Hazardous
Waste Injection Wells; and Additional
Monitoring Requirements Applicable to All
Class I Wells (See Revision Checklist 70
in Non-HSWA Cluster VI)
Safe Drinking Water Act; National Drinking
Water Regulations; Underground Injection
Control Regulations; Indian Lands (See
Revision Checklist 70 in Non-HSWA
Cluster VI)
National Pollutant Discharge Elimination
System Permit Regulations (See Revision
Checklist 70 in Non-HSWA Cluster VI)
Financial Responsibility; Settlement
Agreement; Correction (See Revision
Checklist 64 and footnote 4 of this table)
Mining Waste Exclusion II
Modifications of F019 Listing
Testing and Monitoring Activities;
Technical Corrections
Criteria for Listing Toxic Wastes;
Technical Amendment
Land Disposal Restrictions for Third
Third Scheduled Wastes (See Revision
Checklist 78 in HSWA Cluster II)
53 FR 28118 7/26/88
53 FR 37396 9/26/88
54 FR 246
55 FR 2322
55 FR 5340
55 FR 8948
55 FR 18726
55 FR 22520
1/4/89
55 FR 25976 6/26/90
1/23/90
2/14/90
3/9/90
5/4/90
6/1/90
10
Continued . . .
DLIST10 - 6/19/92
-------
TABLE G-1. LIST OF REVISION CHECKLISTS BY CLUSTER (cont'd)
Through December 31,1990
StATS Revision Promulga-
Rule Checklist HSWA or FR tion or
Code Number Federal Requirement Reference HSWA Date
SR1
SR2
BB
CP
HSWA Cluster I (November 8. 1984 - June 30. 1987: Due Date - July 1.
HSWA
§30050(1 )&(6)
HSWA
§3005G)(2)-(9)
HSWA
§3004(q)(2)(A)
§3004(r)(2)&(3)
HSWA
§3006(h)
§3008(d)
§3014
Existing and newly regulated
surface impoundments
t Variance under §3005G)(2)-(9)
and (13)
f Exceptions to the Burning and Blending of
Hazardous Waste
t Hazardous and Used Oil Fuel Criminal
Penalties
HSWA Date of Enactment Provisions (See
Revision Checklists 17 A - S in HSWA
Cluster I)
Numerous
11/8/84,
NOT DELEGABLE*'
14 14
16
16
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)
HSWA§3004(t) 11/8/84
50 FR
19781/14/85
HSWA §3004 2/7/85
50 FR 18370 4/30/85
HSWA
§3004(c)
5/8/85
11
Continued^
DLIST10 - 6/19/92
-------
TABLE G-1. LIST OF REVISION CHECKLISTS BY CLUSTER (cont'd)
Through December 31, 1990
StATS Revision
Rule Checklist HSWA or FR
Code Number Federal Requirement Reference
SPA 10
Promulga-
tion or
HSWA Date
SI
17A
17B
17C
17D
17E
17F
17G
17H
171
17J
17K
17L
17M
17N
170
17P
HSWA Cluster I (cont'd)
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)
Sharing of Information With the Agency for
Toxic Substances and Disease Registry
17 HSWA Codification Rule (See Revision
Checklist 44 in HSWA Cluster II)
17 A - Small Quantity Generators
(Superseded by 51 FR 10146, see
Revision Checklist 23 in HSWA
Cluster I)
t 17 B - Delisting
t 17 C - Household Waste
17 D - Waste Minimization (See Revision
Checklist 32 in HSWA Cluster I)
17 E - Location Standards for Salt
Domes, Salt Beds, Underground
Mines and Caves
17 F - Liquids in Landfills (See Revision
Checklist 25 in HSWA Cluster I)
17 G - Dust Suppression
17 H - Double Liners
17 I - Ground-Water Monitoring
17 J - Cement Kilns
17 K - Fuel Labeling (Superseded by 51
FR 49164, see Revision Checklist
19 in HSWA Cluster I)
17 L - Corrective Action
17 M - Pre-construction Ban
17 N - Permit Life
17 O - Omnibus Provision
17 P - Interim Status
HSWA
§3015(a)
HSWA
§3015(b)
HSWA
§3019(b)
50 FR 28702
5/8/85
5/8/85
7/15/85
7/15/85
12
Continued . . .
DLIST10 • 6/19/92
-------
TABLE G-1. LIST OF REVISION CHECKLISTS BY CLUSTER (cont'd)
Through December 31, 1990
StATS Revision Promulga-
Rule Checklist HSWA or FR tion or
Code Number Federal Requirement Reference HSWA Date
17Q
17R
17S
18
19
20
20.1
21
18
19
20
(20)
21
HSWA Cluster I (cont'd)
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 TDI, IDA, DNT
Burning of Waste Fuel and Used Oil Fuel
in Boilers and Industrial Furnaces
Listing of Spent Solvents
[Listing of Spent Solvents; Correction
(Included on Revision Checklist 20)]51 FR
27021/21/86
Listing of EDB Waste
50 FR 42936
50 FR 49164
10/23/85
11/29/85
50 FR 53315 12/31/85
51 FR 5327
2/13/86
22
23
25
28H
22
23
25
28
Listing of Four Spent Solvents
51 FR 6537
Generators of 100 to 1000 kg Hazardous 51 FR 10146
Waste (See Revision Checklists 42 and 47
in HSWA Cluster II)
30
30
Codification Rule; Technical Correction
(Paint Filter Test)
Standards for Hazardous Waste Storage
and Treatment Tank Systems (Certain
sections superseded by 53 FR 34079, see
Revision Checklist 52 in HSWA Cluster II;
also see Revision Checklist 28 in Non-
HSWA Cluster III)
Biennial Report; Correction
51 FR 19176
51 FR 25422
2/25/86
3/24/86
5/28/86
7/14/86
51 FR 28556
8/8/86
13
Continued^
DLIST10 - 6/19/92
-------
SPA 10
TABLE G-1. LIST OF REVISION CHECKLISTS BY CLUSTER (cont'd)
Through December 31, 1990
StATS Revision Promulga-
Rule Checklist HSWA or PR tion or
Code Number Federal Requirement Reference HSWA Date
31
28H.1
32
33
34
19.1
34.1
17B.1
39
31
(28)
32
33
34
(19)
(34)
(17 B)
39
51
51
FR 28664
FR 29430
51 FR 35190
51
51
FR 37725
FR 40572
52 FR 21010
54 FR 27114
8/8/86
8/15/86
10/1/86
10/24/86
11/7/86
HSWA Cluster I (cont'd)
Exports of Hazardous Waste (See
Revision Checklist 48 in HSWA Cluster II)
[Standards for Hazardous Waste Storage
and Tank Systems; Corrections (See
Revision Checklist 28 in HSWA Cluster I)]
Standards for Generators; Waste
Minimization Certifications
Listing of EBDC
Land Disposal Restrictions (Certain
sections superseded by 52 FR 25760 and
53 FR 31138, see Revision Checklists 39
& 50 in HSWA Cluster II, and SPAs 4
& 6)
[Burning of Waste Fuel and Used Oil Fuel
in Boilers and Industrial Furnaces;
Technical Corrections (Included on
Revision Checklist 19 in HSWA Cluster I)]
[Land Disposal Restrictions; Corrections
(Included on Revision Checklist 34 in
HSWA Cluster I)]
[Hazardous Waste Management System:
Requirements of Rulemaking Petitions
(Included on Revision Checklist 17 B in
HSWA Cluster I)]
HSWA Cluster II (July 1. 1987 - June 30. 1990: Due Date - July 1. 1991-)
52 FR 11819 4/13/87
6/4/87
6/27/89
California List Waste Restrictions (See
Revision Checklist 34 and SPA 4; certain
sections superseded by 53 FR 31138, see
Revision Checklist 50, in HSWA Cluster II,
and SPA 6)
52 FR 25760 7/8/87
14
Continued . . .
OUST 10 - 6/19/92
-------
TABLE G-1. LIST OF REVISION CHECKLISTS BY CLUSTER (cont'd)
Through December 31, 1990
StATS Revision Promulga-
Rule Checklist HSWA or FR tion or
Code Number Federal Requirement Reference HSWA Date
42
39.1
44A
44B
44C
44D
44E
44F
44G
47
48
50
42
(39)
44
47
48
50
HSWA Cluster II (cont'd)
Exception Reporting for Small Quantity
Generators of Hazardous Waste (See
Checklist 23 in HSWA Cluster I)
Test Methods for Hazardous Waste
covered by the Land Disposal Restrictions
(Included on Revision Checklist 39 in
HSWA Cluster II)
HSWA Codification Rule 2 (See Revision
Checklist 17 in HSWA Cluster I)
44 A - Permit Application Requirements
Regarding Corrective Action
44 B - Corrective Action Beyond Facility
Boundary
44 C - Corrective Action for Injection
Wells
44 D - Permit Modification
44 E - Permit as a Shield Provision
44 F - Permit Conditions to Protect
Human Health and the
Environment
44 G - Post-Closure Permits
Identification and Listing of Hazardous
Waste; Technical Correction (Corrects
Revision Checklist 23 in HSWA Cluster I)
Farmer Exemptions; Technical Corrections
(Corrects Revision Checklist 31 in HSWA
Cluster I)
Land Disposal Restrictions for First Third
Scheduled Wastes (See Revision Checklist
62 in HSWA Cluster II)
52 FR 35894 9/23/87
52 FR 41295 10/27/87
52 FR 45788
12/1/87
53 FR 27162 7/19/88
53 FR 27164 7/19/88
53 FR 31138 8/17/88
15
Continue
DLIST10 - 6/19/92
-------
SPA 10
TABLE G-1. LIST OF REVISION CHECKLISTS BY CLUSTER (cont'd)
Through December 31,1990
StATS Revision Promulga-
Rule Checklist HSWA or FR tion or
Code Number Federal Requirement Reference HSWA Date
52H
52
50.1
62
63
66
68
69
66.1
74
75
77
78H
(50)
62
63
66
68
69
(66)
74
75
77
78*
HSWA Cluster II (cont'd)
Hazardous Waste Management System;
Standards for Hazardous Waste Storage
and Treatment Tank Systems (Supersedes
certain portions of Revision Checklist 28 in
HSWA Cluster I; also see Revision
Checklist 52 in Non-HSWA Cluster V)
[Land Disposal Restrictions (Included on
Revision Checklist 50 in HSWA Cluster II)]
Land Disposal Restriction Amendments to
First Third Scheduled Wastes (amends
portions of Revision Checklist 50 in HSWA
Cluster II)
Land Disposal Restrictions for Second
Third Scheduled Wastes
Land Disposal Restrictions; Correction to
the First Third Scheduled Wastes
Reportable Quantity Adjustment Methyl
Bromide Production Wastes
Reportable Quantity Adjustment
[Land Disposal Restrictions; Correction
(Included on Revision Checklist 66 in
HSWA Cluster II)]
Toxicity Characteristic Revisions
Listing of 1,1-Dimethylhydrazine
Production Wastes
HSWA Codification Rule; Double Liners;
Correction
Land Disposal Restrictions for Third
Third Scheduled Wastes (See Revision
Checklist 78 in Non-HSWA Cluster VI)
16
53 FR 34079
9/2/88
54 FR 8264
54 FR 18836
54 FR 26594
54 FR 36967
54 FR 41402
54 FR 50968
55 FR 23935
55 FR 11798
55 FR 18496
2/27/89
5/2/89
6/23/89
9/6/89
10/6/89
12/11/89
6/13/90
3/29/90
5/2/90
55 FR 19262 5/9/90
55 FR 22520 6/1/90
Continued . . .
DLIST10 - 6/19/92
-------
StATS
Rule
Code
SPA4A
TABLE G-1. LIST OF REVISION CHECKLISTS BY CLUSTER (cont'd)
Through December 31,1990
Revision Promulga-
Checklist HSWA or FR tion or
Number __ Federal Requirement Reference HSWA Date
79
74.1
80
81
82
81.1
79
(74)
t80
81
82
(81)
HSWA Cluster II (cont'd)
Hazardous Waste Treatment, Storage,
and Disposal Facilities-Organic
Air Emission Standards For Process
Vents and Equipment Leaks (See Revision
Checklist 87 in RCRA Cluster I)
[Toxicity Characteristics Revisions;
Correction (Included on Revision Checklist
74 in HSWA Cluster II)]
55 FR 25454 6/21/90
55 FR 26986 6/29/90
RCRA Cluster I (July 1. 1990 - June 30. 1991: Due Date - July 1 1992^)
Toxicity Characteristic; Hydrocarbon
Recovery Operations (HSWA)
55 FR 40834
Petroleum Refinery Primary and Secondary 55 FR 46354
Oil/Water/Solids Separation Sludge Listings
(F037 and F038) (See Revision Checklist
81) (HSWA)
Wood Preserving Listings (HSWA/Non-
HSWA)
[Petroleum Refinery Primary and
Secondary Oil/Water/Solids Separation
Sludge Listings; Correction (Included on
Revision Checklist 81, RCRA Cluster I)]
55 FR 50450
55 FR 51707
10/5/90
11/2/90
12/6/90
12/17/90
t Optional.
1 StATS is the State Authorization Tracking System which tracks States' progress in becoming
authorized for each checklist. This column was added to help the Regions and States relate data
entered in that system with the information included in this table. The "rule code" is the symbol used
in StATS to represent a particular rule or non-checklist item, e.g., State Availability of Information or
Radioactive Mixed Waste.
2States have an additional year if statutory changes are required.
17
Continued^ .
DLIST10 - 6/19/92
-------
SPA 10
TABLE G-1. LIST OF REVISION CHECKLISTS BY CLUSTER (cont'd)
Through December 31, 1990
StATS Revision Promulga-
Rule Checklist HSWA or FR tion or
Code Number _ _ Federal Requirement Reference HSWA Date
3 A parenthesized number implies that this is not the main rule for the indicated checklist.
However, the rule is included on the indicated checklist. Rules with parenthesized numbers are
typically technical corrections or amendments to a major final rule. These corrections are usually
close enough in time to the initial final rule that the correction was included on the checklist for the
initial rule, rather than developing a new checklist for the correction.
4While 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.
May 2, 1986 amendments to 40 CFR 264.113 and 265.113, addressed by Revision Checklist
24, must be adopted before or simultaneous with adopting the provisions addressed by Revision
Checklist 64. Also see Footnote 6.
6Note that, unlike other checklists which address more than one final rule, Revision Checklist 70 is
not represented by each of its rules in StATS. Instead, it is represented only once as Revision
Checklist 70, rather than five separate rules. The rationale for this representation is that this checklist
is very different from the others in the program, because it represents an accumulation of small
changes to Part 124, relating to the RCRA program, spanning the six-year period from 1983 to 1989.
70nly those sections, i.e., 40 CFR 264.113 and 265.113, of Revision Checklist 24 (Amended)
recharacterized as more stringent by the June 26, 1 990 correction are included in Non-HSWA Cluster
VI. All other Revision Checklist 24 provisions continue to be included in Non-HSWA Cluster II.
States which have already adopted the 264.113 and 265.113 amendments as part of their
authorization for Revision Checklist 24 in Non-HSWA Cluster II, are not affected by this correction and
do not have to submit an amended Revision Checklist 24.
8Revision Checklist 78 is in HSWA Cluster II, with the exception of the clarifying amendment to
§268.33(c) which is in Non-HSWA Cluster VI. This clarification is not immediately effective in
authorized States since the requirements are not imposed pursuant to HSWA. Thus, these
requirements are applicable only in those States that do not have interim or final authorization. In
authorized States, the requirements will not be applicable until the State revises its program to adopt
equivalent requirements under State law.
9Direct Action against insurers in RCRA §3004(t) is not delegable to the States. EPA realizes that
six States are currently "authorized" for this provision. Several States have included this provision in
their pending HSWA I revision applications. The Regions should review these provisions and clarify
with their States that, by virtue of the statute, the Federal cause of action ensured by RCRA §3004(t)
remains in effect in authorized States. This provision is not delegable because authorized provisions
of State law must operate in lieu of the Federal counterpart and, in this situation, State law providing
for a direct cause of action against insurers may augment the Federal Action, but not supersede it.
18 DLIST10 - 6/19/92
-------
TABLE G-2. NUMERICAL LISTING OF REVISION CHECKLISTS
AND CORRESPONDING CLUSTER
Through December 31, 1990
Revision
Checklist
Number Federal Requirement Cluster
State Availability of Information (See Non-HSWA Cluster I
Appendix N)
Radioactive Mixed Waste (See SPA 2 Non-HSWA Cluster III
and Appendix N)
NOT DELE- Direct Action Against Insurers HSWA Cluster I
GABLED
Surface Impoundment Requirements: HSWA Cluster I
a. Existing and newly regulated
surface impoundments
t b. Variance under §3005G)(2)-(9)
and (13)
Sharing of Information With the HSWA Cluster I
Agency for Toxic Substances and
Disease Registry
t Exceptions to the Burning and HSWA Cluster I
Blending of Hazardous Waste
t Hazardous and Used Oil Fuel Criminal HSWA Cluster I
Penalties
1 Biennial Report Non-HSWA Requirements Prior to
Non-HSWA Cluster I
2 Permit Rules - Settlement Agreement Non-HSWA Requirements Prior to
Non-HSWA Cluster I
3 Interim Status Standards - Applicability Non-HSWA Requirements Prior to
Non-HSWA Cluster I
4 Chlorinated Aliphatic Hydrocarbon Non-HSWA Requirements Prior to
Listing (F024) Non-HSWA Cluster I
5 National Uniform Manifest Non-HSWA Requirements Prior to
Non-HSWA Cluster I
Continued!
19 DLIST10 - 6/19/92
-------
Revision
Checklist
Number
t6
t8
t9
10
11
T12
13
14
15
16
17
TABLE G-2. NUMERICAL LISTING OF REVISION CHECKLISTS
AND CORRESPONDING CLUSTER (cont'd)
Through December 31, 1990
SPA 10
Federal Requirement
Cluster
Permit Rules: Settlement Agreement Non-HSWA Requirements Prior to
Non-HSWA Cluster I
Warfarin & Zinc Phosphide Listing
Non-HSWA Requirements Prior to
Non-HSWA Cluster I
Lime Stabilized Pickle Liquor Sludge Non-HSWA Requirements Prior to
Non-HSWA Cluster I
Household Waste Non-HSWA Cluster I
Interim Status Standards - Applicability Non-HSWA Cluster I
Corrections to Test Methods Manual Non-HSWA Cluster I
Satellite Accumulation Non-HSWA Cluster I
Definition of Solid Waste Non-HSWA Cluster I
Dioxin Waste Listing and Management HSWA Cluster I
Standards
Interim Status Standards for
Treatment, Storage, and Disposal
Facilities
Paint Filter Test
HSWA Codification Rule
17 A - Small Quantity Generators
t 17 B - Delisting
t 17 C - Household Waste
17 D - Waste Minimization
17 E - Location Standards for Salt
Domes, Salt Beds, Underground
Mines and Caves
17 F - Liquids in Landfills
17 G - Dust Suppression
17 H - Double Liners
1.7 I - Ground-Water Monitoring
17 J - Cement Kilns
17 K - Fuel Labeling
17 L - Corrective Action
20
Non-HSWA Cluster I
HSWA Cluster I
HSWA Cluster I
Continued . . .
DLIST10 - 6/19/92
-------
Revision
Checklist
Number
18
19
20
21
22
23
24^
25
t26
28
29
30
TABLE G-2. NUMERICAL LISTING OF REVISION CHECKLISTS
AND CORRESPONDING CLUSTER (cont'd)
Through December 31, 1990
Federal Requirement
17 M - Pre-construction Ban
17 N - Permit Life
17 O - Omnibus Provision
17 P - Interim Status
17 Q - Research and Development
Permits
17 R - Hazardous Waste Exports
17 S - Exposure Information
Listing of TDI, IDA, DNT
Burning of Waste Fuel and Used
Oil Fuel in Boilers and Industrial
Furnaces
Listing of Spent Solvents
Listing of EDB Waste
Listing of Four Spent Solvents
Generators of 100 to 1000 kg
Hazardous Waste
Financial Responsibility: Settlement
Agreement
Codification Rule, Technical
Correction (Paint Filter Test)
Listing of Spent Pickle Liquor
(K062)
Liability Coverage - Corporate
Guarantee
Standards for Hazardous Waste
Storage and Treatment Tank
Systems
Correction to Listing of Commercial
Chemical Products and Appendix
VIII Constituents
Biennial Report; Correction
21
Cluster
HSWA Cluster I
HSWA Cluster I
HSWA Cluster I
HSWA Cluster I
HSWA Cluster I
HSWA Cluster I
Non-HSWA Cluster II and Non-HSWA
Cluster VI
HSWA Cluster I
Non-HSWA Cluster II
Non-HSWA Cluster III
Non-HSWA Cluster III and HSWA
Cluster I
Non-HSWA Cluster III
HSWA Cluster I
Continued1
DLIST10 - 6/19/92
-------
Revision
Checklist
Number
TABLE G-2. NUMERICAL LISTING OF REVISION CHECKLISTS
AND CORRESPONDING CLUSTER (cont'd)
Through December 31, 1990
SPA 10
Federal Requirement
Cluster
31
32
33
34
35
36
37
38
39
40
41
42
Exports of Hazardous Waste
Standards for Generators - Waste
Minimization Certifications
Listing of EBOC
Land Disposal Restrictions
Revised Manual SW-846; Amended
Incorporation by Reference
Closure/Post-Closure Care for
Interim Status Surface
Impoundments
Definition of Solid Waste; Technical
Corrections
Amendments to Part B Information
Requirements for Land Disposal
Facilities
California List Waste Restrictions
List (Phase 1) of Hazardous
Constituents for Ground-Water
Monitoring
Identification and Listing of
Hazardous Waste
Exception Reporting for Small
Quantity Generators of Hazardous
Waste
Liability Requirements for
Hazardous Waste Facilities;
Corporate Guarantee
HSWA Cluster I
HSWA Cluster I
HSWA Cluster I
HSWA Cluster I
Non-HSWA Cluster III
Non-HSWA Cluster III
Non-HSWA Cluster III
Non-HSWA Cluster III
HSWA Cluster II
Non-HSWA Cluster IV
Non-HSWA Cluster IV
HSWA Cluster II
Non-HSWA Cluster IV
22
Continued . . .
DLIST10 - 6/19/92
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Revision
Checklist
Number
44
45
46
47
48
t49
50
51
TABLE G-2. NUMERICAL LISTING OF REVISION CHECKLISTS
AND CORRESPONDING CLUSTER (cont'd)
Through December 31, 1990
Federal Requirement
HSWA Codification Rule 2
44 A - Permit Application
Requirements Regarding
Corrective Action
44 B - Corrective Action Beyond
Facility Boundary
44 C - Corrective Action for
Injection Wells
44 D - Permit Modification
44 E - Permit as a Shield
Provision
44 F - Permit Conditions to Protect
Human Health and the
Environment
44 G - Post-Closure Permits
Hazardous Waste Miscellaneous
Units
Technical Correction; Identification
and Listing of Hazardous Waste
Identification and Listing of
Hazardous Waste; Technical
Correction
Farmer Exemptions; Technical
Corrections
Identification and Listing of
Hazardous Waste; Treatability
Studies Sample Exemption
Land Disposal Restrictions for First
Third Scheduled Wastes
Standards Applicable to Owners
and Operators of Hazardous Waste
Treatment, Storage and Disposal
Facilities; Liability Coverage
(withheld; EPA is responding to the
settlement of litigation surrounding
this rule)
23
Cluster
HSWA Cluster II
Non-HSWA Cluster IV
Non-HSWA Cluster IV
HSWA Cluster
HSWA Cluster
Non-HSWA Cluster V
HSWA Cluster II
Non-HSWA Cluster V
Continued^!-.
DLIST10 • 6/19/92
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Revision
Checklist
Number
TABLE G-2. NUMERICAL LISTING OF REVISION CHECKLISTS
AND CORRESPONDING CLUSTER (cont'd)
Through December 31, 1990
SPA 10
Federal Requirement
Cluster
52
53
t54
55
t56
t57
|58
59
60
Hazardous Waste Management
System; Standards for Hazardous
Waste Storage and Treatment Tank
Systems
Identification and Listing of
Hazardous Waste; and Designation,
Reportable Quantities, and
Notification
Permit Modifications for Hazardous
Waste Management Facilities
Statistical Methods for Evaluating
Ground-Water Monitoring Data from
Hazardous Waste Facilities
Identification and Listing of
Hazardous Waste; Removal of Iron
Dextran from the List of Hazardous
Wastes
Identification and Listing of
Hazardous Waste; Removal of
Strontium Sulfide from the List of
Hazardous Wastes
Standards for Generators of
Hazardous Waste; Manifest
Renewal
Hazardous Waste Miscellaneous
Units; Standards Applicable to
Owners and Operators
Amendment to Requirements for
Hazardous Waste Incinerator
Permits
Non-HSWA Cluster V and HSWA
Cluster II
Non-HSWA Cluster V
Non-HSWA Cluster V
Non-HSWA Cluster V
Non-HSWA Cluster V
Non-HSWA Cluster V
Non-HSWA Cluster V
Non-HSWA Cluster V
Non-HSWA Cluster V
24
Continued . . .
DLIST10 - 6/19/92
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Revision
Checklist
Number
t61
62
63
T64?
65
66
67
68
69
70
71
f72
73
74
TABLE G-2. NUMERICAL LISTING OF REVISION CHECKLISTS
AND CORRESPONDING CLUSTER (cont'd)
Through December 31, 1990
SPA,
Federal Requirement
Changes to Interim Status Facilities
for Hazardous Waste Management
Permits; Modifications of Hazardous
Waste Management Permits;
Procedures for Post-Closure
Permitting
Land Disposal Restriction
Amendments to First Third
Scheduled Wastes
Land Disposal Restrictions for
Second Third Scheduled Wastes
Delay of Closure Period for
Hazardous Waste Management
Facilities
Mining Waste Exclusion I
Land Disposal Restrictions;
Correction to First Third Scheduled
Wastes
Testing and Monitoring Activities
Reportable Quantity Adjustment
Methyl Bromide Production Wastes
Reportable Quantity Adjustment
Changes to Part 124 Not
Accounted for by Present Checklists
Mining Waste Exclusion II
Modification of F019 Listing
Testing and Monitoring Activities;
Technical Corrections
Toxicity Characteristics Revision
Cluster
Non-HSWA Cluster V
HSWA Cluster II
HSWA Cluster II
Non-HSWA Cluster VI
Non-HSWA Cluster VI
HSWA Cluster II
Non-HSWA Cluster VI
HSWA Cluster II
HSWA Cluster II
Non-HSWA VI
Non-HSWA Cluster VI
Non-HSWA Cluster VI
Non-HSWA Cluster VI
HSWA Cluster II
25
Continued . .
DLIST10 - 6/19/92
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Revision
Checklist
Number
75
t76
77
78*
79
t80
81
TABLE G-2. NUMERICAL LISTING OF REVISION CHECKLISTS
AND CORRESPONDING CLUSTER (cont'd)
Through December 31, 1990
SPA 10
Federal Requirement
82
Listing of 1,1-Dimethylhydrazine
Production Wastes
Criteria for Listing Toxic
Wastes; Technical Amendment
HSWA Codification Rule, Double
Liners; Correction
Land Disposal Restrictions for
Third Third Scheduled Wastes
Hazardous Waste Treatment,
Storage, and Disposal Facilities--
Organic Air Emission Standards For
Process Vents and Equipment
Leaks
Toxicity Characteristic; Hydrocarbon
Recovery Operations
Petroleum Refinery Primary and
Secondary Oil/Water/Solids
Separation Sludge Listings (F037
and F038)
Wood Preserving Listings
Cluster
HSWA Cluster II
Non-HSWA Cluster VI
HSWA Cluster
Non-HSWA Cluster VI and
HWSA CLuster II
HSWA Cluster II
RCRA I, HSWA
RCRA I, HSWA
RCRA I, HSWA/Non-HSWA
t Optional.
1 Direct Action against insurers in RCRA §3004(t) is not delegable to the States. EPA realizes
that six States are currently "authorized" for this provision. Several States have included this
provision in their pending HSWA I revision applications. The Regions should review these provisions
and clarify with their States that, by virtue of the statute, the Federal cause of action ensured by
RCRA §3004(t) remains in effect in authorized States. This provision is not delegable because
authorized provisions of State law must operate in lieu of the Federal counterpart and, in this
situation, State law providing for a direct cause of action against insurers may augment the Federal
Action, but not supersede it.
2Only those sections, i.e., 40 CFR 264.113 and 265.113, of Revision Checklist 24 (Amended)
recharacterized as more stringent by the June 26, 1990 correction are included in Non-HSWA Cluster
VI. All other Revision Checklist 24 provisions continue to be included in Non-HSWA Cluster II.
26
Continued . . .
DLIST10 - 6/19/92
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TABLE G-2. NUMERICAL LISTING OF REVISION CHECKLISTS
AND CORRESPONDING CLUSTER (cont'd)
Through December 31, 1990
Revision
Checklist
Number Federal Requirement Cluster
authorization for Revision Checklist 24 in Non-HSWA Cluster II, are not affected by this correction and
do not have to submit an amended Revision Checklist 24.
3While Revision Checklists 27 and 43 are optional, states which have adopted or choose to
adopt the changes addressed by Revision Checklist 27, must adopt Revision Checklist 43's changes.
4The May 2, 1986 amendments to 40 CFR 264.113 and 265.113, addressed by Revision
Checklist 24, must be adopted before or simultaneous with adopting the provisions addressed by
Revision Checklist 64. Also see Footnote 1.
5Revision Checklist 78 is in HSWA Cluster II, with the exception of the clarifying amendment to
§268.33(c) which is in Non-HSWA Cluster VI. This clarification is not immediately effective in
authorized States since the requirements are not imposed pursuant to HSWA. Thus, these
requirements are applicable only in those States that do not have interim or final authorization. In
authorized States, the requirements will not be applicable until the State revises its program to adopt
equivalent requirements under State law.
27 DLIST10 - 6/19/92
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SPA 10
MODEL REVISION ATTORNEY GENERAL'S STATEMENT FOR FINAL
AUTHORIZATION FOR CHANGES TO THE FEDERAL
RCRA PROGRAM FROM JANUARY 1983 THROUGH
DECEMBER 1990
I hereby certify, pursuant to my authority as and in accordance with
Section 3006(b) of the Resource Conservation and Recovery Act, as amended by the
Hazardous and Solid Waste Amendments of 1984 (42 USC 6901 et sea.), and 40 CFR
271 that in my opinion the laws of the State [Commonwealth] of provide
adequate authority to carry out the revised program set forth in the revised "Program
Description" submitted by the [State Aqencvl. The specific authorities provided are
contained in statutes or regulations lawfully adopted at the time this Statement is signed
and which are in effect now [shall be fully effective by ], as specified
below. These authorities and this certification supplement [or supercede (and indicate how
supercede)] the previously certified authorities described in my [or my predecessors]
certification(s) of (date or dates).
Please add an explanation of how the Revision Attorney General's Statement you are
submitting relates to any prior Attorney General's Statements you have submitted.
I. IDENTIFICATION AND LISTING
A. State statutes and regulations contain lists of hazardous waste which
encompass all wastes controlled under the following Federal regulations as indicated in the
designated Revision Checklists:
(1) Chlorinated aliphatic hydrocarbons, 40 CFR 261.31 and Part 261 Appendices
VII and VIII as amended February 10, 1984 [49 FR 5308], Revision
Checklist 4.
*
1 (2) [OPTIONAL: This is a reduced requirement.] Warfarin and zinc phosphide
listing, 40 CFR 261.33(e) and (f), as amended May 10, 1984 [49 FR 19923],
Revision Checklist 7.
(3) TDI, DNT and TDA wastes, 40 CFR 261.32, 261.33(f), and Part 261
Appendices III, VII and VIII as amended October 23, 1985 [50 FR 42936],
Revision Checklist 18.
(4) Spent solvents, 40 CFR 261.31, as amended December 31, 1985 [50 FR
53319] and January 21, 1986 [51 FR 2702], Revision Checklist 20.
1The phrase "OPTIONAL: This is a reduced requirement" is used to indicate
provisions that either are less stringent or reduce the scope of the program. Any State
which adopts an "optional" requirement must ensure that it is at least as stringent as the
Federal requirement.
OAGREV10.10 • 6/24/92
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SPA 10
(5) EDB wastes, 40 CFR 261.32 and Part 261 Appendices II, III and VIII, as
amended February 13, 1986 [51 FR 5330], Revision Checklist 21.
(6) Four spent solvents, 40 CFR 261.31, 261.33(f), and Part 261 Appendices III,
VII and VIII as amended February 25, 1986 [51 FR 6541], Revision Checklist
22.
(7) [OPTIONAL: This is a reduced requirement] Listing of spent pickle liquor
from steel finishing operations, 40 CFR 261.32, as amended May 28, 1986
[51 FR 19320] and September 22, 1986 [51 F.R 33612], Revision Checklist
26.
(8) Listing of commercial chemical products and Appendix VIII constituents, 40
CFR 261.33 and Part 261 Appendix VIM, as amended August 6, 1986 [51 FR
28296], Revision Checklist 29; as amended July 10, 1987 [52 FR 26012],
Revision Checklist 41; and as amended April 22, 1988 [53 FR 13382],
Revision Checklist 46.
(9) EBDC wastes, 40 CFR 261.32 and Part 261 Appendices III and VII, as
amended on October 24, 1986 [51 FR 37725], Revision Checklist 33.
(10) Listing of spent potliners from aluminum reduction (K088), 40 CFR 261.32
and Part 261 Appendix VII, as amended September 13, 1988 [53 FR 35412],
Revision Checklist 53.
(11) [OPTIONAL: This is a reduced requirement.] Generic delisting of iron
dextran (CAS No. 9004-66-4), 40 CFR 261.33(f) and Part 261 Appendix VIII,
as amended October 31, 1988 [53 FR 43878], Revision Checklist 56.
(12) [OPTIONAL: This is a reduced requirement.] Generic delisting of strontium
sulfide (CAS No. 1314-96-1), 40 CFR 261.33(e) and Part 261 Appendix VIII,
as amended October 31, 1988'[53 FR 43881], Revision Checklist 57.
(13) Listing of two wastes (K131 and K132) generated during the production of
methyl bromide, 40 CFR 261.32 and 261 Appendices III and VII, as
amended October 6, 1989 [54 FR 41402], Revision Checklist 68.
(14) Listing of one generic category (F025) of waste generated during the
manufacture of chlorinated aliphatic hydrocarbons by free radical catalyzed
processes and amending F024, 40 CFR 261.31 and 261 Appendix VII;
adding one toxicant to 261 Appendix VIII; as amended December 11, 1989
[54 FR 50968], Revision Checklist 69.
(15) [OPTIONAL: This is a reduced requirement.] Amendments to the F019
hazardous waste listing to exclude wastewater treatment sludges from
zirconium phosphating in aluminum can washing, when such phosphating is
an exclusive conversion coating process, 40 CFR 261.31, as amended
February 14, 1990 [55 FR 5340], Revision Checklist 72.
10 DAGREV10.10 - 6/24/92
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SPA 10
(16) Listing of four wastes (K107-K110) generated during the production of 1,1-
dimethylhydrazine (UDMH) from carboxylic acid hydrazides, 40 CFR 261.31
and Part 261 Appendices III and VII, as amended May 2, 1990 [55 FR
18496], Revision Checklist 75.
(17) Listing of one waste (F039), 40 CFR 261.31 and Part 261 Appendix VII, as
amended June 1, 1990 [55 FR 22520], Revision Checklist 78.
(18) Listing of two wastes (F037 and F038) generated in the separation of
oil/water/solids from petroleum refinery process wastewaters and oily cooling
wastewaters, 40 CFR 261.31 and Part 261 Appendix VII, as amended
November 2, 1990 [55 FR 46354] and December 17, 1990 [55 FR 51707],
Revision Checklist 81.
(19) Listing of three wastes (F032, F034 and F035) from wood preserving
operations that use chlorophenolic, creosote and/or inorganic (arsenical and
chromium) preservatives, 40 CFR 261.31 and 261 Appendices III, VII and
VIII, as amended December 6, 1990 [55 FR 50450], Revision Checklist 82.
Federal Authority: RCRA §3001 (b).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
B. State statutes and regulations define hazardous waste so as to control the
generation, transportation, treatment, storage and disposal of hazardous waste produced by
small quantity generators of between 100 and 1000 kilograms/month as indicated in
Revision Checklist 23 (which supercedes prior amendments by Revision Checklist 17 A)
and Revision Checklist 47 (providing technical corrections to Checklist 23). State statutes
and regulations also require small quantity generators to certify good faith efforts to
minimize waste generation and to select the best available and affordable treatment,
storage or disposal alternatives, 40 CFR Part 262 as amended October 1, 1986 [51 FR
35190], Revision Checklist 32 (see Item IX below).
Federal Authority: RCRA §3001 (d); 40 CFR Parts 260-263 and 270 as amended March
24, 1986 (51 FR 10146), October 1, 1986 (51 FR 35190), and July 19, 1988 (53 FR
27162).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
C. [This requirement applies only if States have a delisting mechanism. This
requirement is NOT OPTIONAL for such States.] State statutes and regulations provide
authority to delist hazardous waste as indicated in Revision Checklist 17 B.
•) 1 DAGREV10.10 - 6/24/92
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SPA 10
(1) State statutes and regulations require that before deciding to delist a waste,
the State must consider whether any listing factor (including additional
constituents) other than those for which the waste was listed would cause
the waste to be hazardous.
Federal Authority: RCRA §3001(0(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, 1984 without the opportunity for public comment and
full consideration of such comment, shall lapse if not made final by
November 8, 1986.
Federal Authority: RCRA §3001(0(2); 40 CFR 260.20(d) as amended July 15, 1985 (50
FR 28702).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
D. fOPTIONAL: This is a reduced requirement.] State statutes and regulations
define hazardous waste so as to exclude waste pickle liquor sludge generated by lime
stabilization, but only to the extent that such waste is excluded by 40 CFR 261.3(c)(2), as
indicated in Revision Checklist 8.
Federal Authority: RCRA §3001; 40 CFR 261.3(c) as amended June 5, 1984 (49 FR
23284).
Citation of Laws and Regulations: Pate of Enactment and Adoption
Remarks of the Attorney General
E. fOPTIONAL: This is a reduced requirement.] State statutes and regulations
define hazardous waste so as to not exclude household waste other than those household
wastes excluded in 40 CFR 261.4(b)(1), as indicated in Revision Checklists 9 and 17 C.
Federal Authority: RCRA §3001; 40 CFR 261.4(b)(1) as amended November 13, 1984 (49
FJR 44980) and July 15, 1985 (50 FR 28702).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
F. State statutes and regulations incorporate the most recent edition and updates to
'Test Methods for Evaluating Solid Waste, Physical/Chemical Methods" (SW-846) as
indicated in Revision Checklists 11 and 35.
12 DAGREV10.10 - 6/24/92
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SPA 10
Federal Authority: RCRA §§2002, 3001; 40 CFR 260.11, 260.21 and 270.6(a) as amended
December 4, 1984 (49 FR 47390) and March 16, 1987 (52 FR 8072).
Citation of Laws and Regulations; Date of Enactment and Adoption
Remarks of the Attorney General
G. State statutes and regulations define solid wastes to include the hazardous
components of radioactive mixed wastes, July 3, 1986 [51 FR 24504]. See State Program
Advisory (SPA) #2.
Federal Authority: RCRA §§1004(27) and 3001 (b).
Citation of Laws and Regulations; Date of Enactment and Adoption
Remarks of the Attorney General
H. [OPTIONAL: This is a reduced requirement.] State statutes and regulations
exempt (with certain limitations) waste samples used in small scale treatability studies from
Subtitle C regulation as indicated in Revision Checklist 49.
Federal Authority: RCRA §3001; 40 CFR 260.10 and 261.4(e)&(f) as amended July 19,
1988 (53 FR 27290).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
I. State statutes and regulations exclude from the mining waste exemption the six
wastes listed at 40 CFR 261.4(b)(7)(i) through 261.4(b)(7)(vi), as indicated in Revision
Checklist 53.
Federal Authority: RCRA §3001 (b); 40 CFR 261.4(b)(7) as amended September 13, 1988
(53 FR 35412).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
J. State statutes and regulations that:
(1) provide final criteria to define Bevill-excluded mineral processing wastes,
finalize the Bevill status of nine mineral processing waste streams, and list
those mineral processing wastes subject to conditional retention as indicated
in Revision Checklist 65.
13 DAGREV10.10 - 6/24/92
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SPA 10
Federal Authority: RCRA §3001 (b); 40 CFR 261.3 and 261.4 as amended September 1,
1989 (54 FR 36592).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
(2) remove five conditionally retained mineral processing wastes from the
exemption from hazardous waste regulation under the Bevill exclusion, and
amend the definitions of "beneficiation" and "designated facility" as indicated
in Revision Checklist 71.
Federal Authority: RCRA §3001(b)(3)(A)(ii); 40 CFR 260.10 and 261.4(b)(7) as amended
January 23, 1990 (55 FR 2322).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
K. State statutes and regulations incorporate 47 new testing methods as approved
methods for use in meeting the regulatory requirements under Subtitle C of RCRA as
indicated in Revision Checklists 67 and 73.
Federal Authority: RCRA §§3001, 3004, 3005, and 3006; 40 CFR 260.11 and Part 261
Appendix III as amended September 29, 1989 (54 FR 40260) and March 9, 1990 (55 FR
8948).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
L. State statutes and regulations revise the existing toxicity characteristic by
replacing the Extraction Procedure (EP) leach test with the Toxicity Characteristic Leaching
Procedure (TCLP) for identifying wastes that are defined as hazardous and subject to
regulation under Subtitle C of RCRA as indicated in Revision Checklist 74. State statutes
and regulations also provide for the addition of 25 organic chemicals and their regulatory
levels to the list of toxic constituents of concern as indicated in Revision Checklist 74.
Federal Authority: RCRA §§1006, 2002(a), 3001, 3002, 3004, 3005 and 3006; 40 CFR
Parts 261, 264, 265 and 268 as amended March 29, 1990 (55 FR 11798), and June 29,
1990 (55 FR 26986).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
14 DAGREV10.10 - 6/24/92
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SPA 10
M. State statutes and regulations contain the language to result in consistent
interpretation of the criteria for listing wastes as hazardous under RCRA as indicated in
Revision Checklist 76.
Federal Authority: RCRA §3001 (a); 40 CFR 261.11(a)(3) as amended May 4, 1990 (55 FR
18726).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
N. State statutes and regulations add eight new testing methods to the section of
regulations that incorporates these methods by reference as indicated in Revision Checklist
79.
Federal Authority: RCRA §§3001, 3004, 3005 and 3006; 40 CFR 260.11 (a) as amended
June 21, 1990 (55 FR 25454).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
O. [OPTIONAL: This is a reduced requirement.] State statutes and regulations
extend until January 25, 1993, the compliance date for the Toxicity Characteristic
requirements for produced ground water from free phase hydrocarbon recovery operations
at certain petroleum industry sites (refineries, marketing terminals, and bulk plants) as
indicated in Revision Checklist 80. The extension for infiltration galleries at such operations
ends on October 2, 1991.
Federal Authority: 5 U.S.C. §§553 and 705; RCRA §3001; 40 CFR 261.4(b)(ll) as
amended October 5, 1990 (55 FR 40834), February 1, 1991 (56 FR 3978) and April 2,
1991 (56 FR 13406).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
P. State statutes and regulations include definitions of oil/water/solids and
aggressive biological treatment units and a statement concerning the point of generation for
F037 and F038 sludges as indicated on Revision Checklist 81.
15 DAGREV10.10 - 6/24/92
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SPA 10
Federal Authority: RCRA §3001; 40 CFR 261.31 (b), as amended November 2, 1990 (55
FR 46354) and December 17, 1990 (55 FR 51707).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
Q. fOPTIONAL: This is a reduced requirement.] State statutes and regulations
exclude from being a solid waste spent wood preserving solutions that have been used and
are reclaimed and reused for their original intended purpose as indicated in Revision
Checklist 82.
Federal Authority: RCRA §3001; 40 CFR 261.4(a)(9) as amended December 6, 1990 (55
FR 50450).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
R. State statutes and regulations allow deletion of certain hazardous waste codes
following equipment cleaning and replacement, provided that the requirements of 261.35
are met as indicated in Revision Checklist 82.
Federal Authority: RCRA §3001; 40 CFR 261.35 as amended December 6, 1990 (55 FR
50450).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
II. DEFINITION OF SOLID WASTE
A. State statutes and regulations define hazardous waste and impose management
standards so as to control all the hazardous waste controlled under 40 CFR Parts 261,
264, 265 and 266 as indicated in Revision Checklists 13 and 37.
Federal Authority: RCRA §§3001 and 3004; 40 CFR Parts 260, 261, 264, 265, and 266 as
amended January 4, 1985 (50 FR 614), April 11, 1985 (50 FR 14216), August 20, 1985
(50 FR 33541) and June 5, 1987 (52 FR 21306).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
13 DAGREV10.10 - 6/24/92
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SPA 10
III. MANAGEMENT OF DIOXIN WASTES
A. State statutes and regulations contain the following requirements regarding
dioxin wastes as indicated in Revision Checklist 14:
(1) Dioxin wastes are listed and otherwise identified as hazardous wastes so as
to encompass all such wastes controlled under 40 CFR 261.5(e), 261.7(b),
261.30(d), 261.31, 261.33(f), and Part 261 Appendix X.
(2) Special management and permitting standards for facilities managing dioxin
wastes and prohibitions applicable to permitted and interim status facilities, as
provided in 40 CFR Parts 264, 265, and 270.
Federal Authority: RCRA §§3001 and 3004; 40 CFR Parts 261, 264, 265 and 270 as
amended January 14, 1985 (50 FR 1978).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
IV- SATELLITE ACCUMULATION
A. fOPTIONAL: This is a reduced requirement.] State statutes and regulations
allow generators to accumulate at the site of generation, without a permit or interim status,
as much as 55 gallons of hazardous waste or one quart of acutely hazardous waste
provided that the generator complies with the requirements specified in 262.34(c) as
indicated in Revision Checklist 12.
Federal Authority: RCRA §§2002, 3002, 3004 and 3005; 40 CFR 262.34(c) as amended
December 20, 1984 (49 FR 49571).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
V. APPLICABILITY OF INTERIM STATUS STANDARDS
A. State statutes and regulations contain the following requirements regarding
interim status standards as indicated in Revision Checklists 3 and 10:
(1) Interim status standards apply to facilities identified in 40 CFR 265.1(b).
Federal Authority: RCRA §3004; 40 CFR Part 265 as amended November 22, 1983 (48
FR 52718) and November 21, 1984 (49 FR 46095).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
•J7 DAGREV10.10 - 6/24/92
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SPA 10
VI. PAINT FILTER TEST
A. State statutes and regulations require the use of a paint filter test to determine
the absence or presence of free liquids in either a containerized or bulk waste as indicated
in Revision Checklists 16, 17 F and 25.
Federal Authority: RCRA §§3004 and 3005; 40 CFR Parts 260, 264, 265, and 270 as
amended April 30, 1985 (50 FR 18370), July 15, 1985 (50 FR 28702) and May 28, 1986
(51 FR 19176).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
VII. NATIONAL UNIFORM MANIFEST SYSTEM AND RECORDKEEPING
A. State statutes and regulations require generators to use the national uniform
manifest as indicated in Revision Checklists 5 and 32.
Federal Authority: RCRA §§2002, 3002 and 3003; 40 CFR Parts 260 and 262 as
amended March 20, 1984 (49 FR 10490) and October 1, 1986 (51 FR 35190).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
B. State statutes and regulations require that generators, of between 100 and 1000
kg/mo of hazardous waste, file an exception report in those instances where the generator
does not receive confirmation of delivery of his hazardous waste to the designated facility
as indicated in Revision Checklist 42.
Federal Authority: RCRA §§3001 (d) and 3002(a)(5); 40 CFR Parts 262.42 and 262.44 as
amended September 23, 1987 (52 FR 35894).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
C. State statutes and regulations require that the following be recorded, as it
becomes available, and maintained in the operating record, until facility closure, as
indicated in Revision Checklist 45: monitoring, testing or analytical data, corrective action
where required by Subpart F and §§264.226, 264.253, 264.254, 264.276, 264.278, 264.280,
264.303, 264.309, 264.347, and 264.602.
18 DAGREV10.10 - 6/24/92
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SPA 10
Federal Authority: RCRA §§3004 and 3005; 40 CFR 264.73(b) as amended December
10, 1987 (52 FR 46946).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
D. [OPTIONAL: This is a reduced requirement.] State statutes and regulations
include a burden disclosure statement with each uniform manifest form and renew the use
of this form as indicated in Revision Checklist 58.
Federal; Authority: RCRA §§2002, 3002, and 3003; 40 CFR 262.20 and Part 262
Appendix as amended November 8, 1988 (53 FR 45089).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
E. State statutes and regulations require that generators who ship hazardous waste
to a designated facility in an authorized state which has not yet obtained authorization to
regulate that particular waste as a hazardous waste assure that the designated facility
agrees to sign and return the manifest to the generator, and that any out-of-state
transporter signs and forwards the manifest to the designated facility, as indicated in
Revision Checklist 71.
Federal Authority: RCRA §§2002, 3002 and 3003; 40 CFR 262.23(e) as amended on
January 23, 1990 (55 FR. 2322).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
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.
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Federal Authority: RCRA §§3002 and 3004; 40 CFR Parts 262, 264 and 265 as amended
January 28, 1983 (48 FR 3977) and August 8, 1986 (51 FR 28566).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
IX. WASTE MINIMIZATION
A. State statutes and regulations contain the following requirements regarding
waste minimization as indicated in Revision Checklists 17 D, 30 and 32 (see Item I B
above).
(1) Generators must submit report and manifest certifications regarding efforts
taken to minimize the amounts and toxicity of wastes.
Federal Authority: RCRA §3002(a)(6), (b); 40 CFR 262.41, 264.75 and 265.75 as
amended July 15, 1985 (50 FR 28702), August 8, 1986 (51 FR 28556) and October 1,
1986 (51 FR35190).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
(2) RCRA permits for the treatment, storage, or disposal of hazardous waste on
the premises where the waste was generated must contain a certification by
the permittee regarding efforts taken to minimize the amount and toxicity of
the generated wastes.
Federal Authority: RCRA §3005(h); 40 CFR 264.70, 264.73 and 270.300(2) as amended
July 15, 1985 (50 FR 28702).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
X. LIQUIDS IN LANDFILLS
A. State statutes and regulations contain the following requirements regarding
liquids in landfills as indicated in Revision Checklists 17 F and 25.
(1) Effective May 8, 1985, there is a ban on the placement of bulk or
non-containerized liquid hazardous waste or hazardous waste containing free
liquids in any landfill pursuant to 40 CFR 264.314 and 265.314 as amended
July 15, 1985 and May 28, 1986.
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(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) and 265.314(f), as amended July 15,
1985 and May 28, 1986.
(3) For bulk or non-containerized liquid wastes or wastes containing free liquids
they may be placed in a landfill prior to May 8, 1985, only if the
requirements of 40 CFR 264.314(a) and 265.314(a) are met.
Federal Authority: RCRA §3004(c); 40 CFR 264.314, 265.314 and 270.21 (h) as amended
July 15, 1985 (50 FR 28702) and May 28, 1986 (51 FR 19176).
Citation of Laws and Regulations; Date of Enactment and Adoption
Remarks of the Attorney General
XI. GROUND-WATER MONITORING
A. State statutes and regulations provide that the 3004 groundwater monitoring
requirements applicable to surface impoundments, waste piles, land treatment units and
landfills shall apply whether or not such units are located above the seasonal high water
table, have two liners and a leachate collection system or have liners that are periodically
inspected, as indicated in Revision Checklist 17 I.
Federal Authority: RCRA §3004(p); 40 CFR 264.222, 264.252, 264.253, and 264.302 as
amended July 15, 1985 (50 FR 28702).2
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
B. [OPTIONAL: This is a reduced requirement.] State statutes and regulations
may allow variances from the ground-water monitoring requirements as provided in 3004(p).
However, those variances must be restricted as provided in RCRA 3004(p) as indicated in
Revision Checklist 17 I.
Federal Authority: RCRA §3004(p); 40 CFR 264.90(b) as amended July 15, 1985 (50 FR
28702).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
2Note that Revision Checklist 17 I reserved the cited sections of 40 CFR Part 264.
Prior to Revision Checklist 17 I, these sections of code addressed exemptions from the
Subpart F groundwater monitoring requirements.
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C. State statutes and regulations provide that with regard to ground-water
monitoring, all land based hazardous waste treatment, storage, and disposal facilities
analyze for a specified core list (Part 264, Appendix IX) of chemicals plus those chemicals
specified by the Regional Administrator on a site-specific basis as indicated in Revision
Checklist 40.
Federal Authority: RCRA §§1006, 2002(a), 3001, 3004, and 3005; 40 CFR 264.98, 264.99,
Part 264 Appendix IX, and 270.14 as amended July 9, 1987 (52 FR 25942).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
D. State statutes and regulations specify statistical methods, sampling procedures,
and performance standards that can be used in groundwater monitoring procedures to
detect groundwater contamination at permitted hazardous waste facilities as indicated in
Revision Checklist 55.
Federal Authority: RCRA §§1006, 2002(a), 3004 and 3005; 40 CFR 264.91, 264.92,
264.97, 264.98 and 264.99 as amended October 11, 1988 (53 FR 39720).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
XII. BURNING AND BLENDING OF HAZARDOUS WASTES
A. State statutes and regulations provide the following requirements:
(1) The burning of fuel containing hazardous waste in a cement kiln is prohibited
as specified in 40 CFR 266.31 and Revision Checklist 17 J.
Federal Authority: RCRA §3004(q); 40 CFR 266.31 as amended July 15, 1985 (50 FR
28702).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
(2) Fuels containing hazardous waste and all persons who produce, distribute
and market fuel containing hazardous wastes must be regulated as indicated
in Revision Checklists 17 J, 17 K, and 19.
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Federal Authority: RCRA §§3004(q)-(s); 40 CFR 261.31 and 266.34 as amended July 15,
1985 (50 FR 28702), November 29, 1985 (50 FR 49164), and November 19, 1986 (51 FR
41900).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
B. fOPTIONAL: This is a reduced requirement.] State statutes and regulations
provide exceptions to the burning and blending of hazardous waste as specified in
§§3004(q)(2)(A) and 3004(r)(2) & (3).
Federal Authority: RCRA §§3004(q)2(A) and 3004(r)(2) & (3).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
XIII. CORRECTIVE ACTION
A. State statutes and regulations contain the following corrective action
requirements as indicated in Revision Checklist 17 L:
(1) Corrective action is required for releases of hazardous waste or constituents
from any solid waste management unit at a facility seeking a permit,
regardless of when the waste was placed in the unit, in all permits issued
after November 8, 1984.
Federal Authority: RCRA §3004(u); 40 CFR 264.90, 264.101 and 270.60 as amended July
15, 1985 (50 FR 28702).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
(2) Corrective action is required beyond a facility's boundary, in accordance with
RCRA 3004(v). (States now may impose these requirements through a
permit or a corrective action order. Once EPA promulgates the regulations
required by RCRA 3004(v), States will need authority to impose corrective
action in a permit following the RCRA 3004(v) regulations.)
Federal Authority: RCRA §3004(v)(1).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
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(3) Corrective action is required beyond a facility's boundary in accordance with
RCRA 3004(v) for all landfills, surface impoundments and waste pile units
(including any new units, replacements of existing units or lateral expansions
of existing units) which receive hazardous waste after July 26, 1982.
Federal Authority: RCRA §3004(v)(2).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
(4) There is evidence of financial responsibility for corrective action on- and
off-site.
Federal Authority: RCRA §§3004(a)(6); (u); 40 CFR 264.90 and 264.101 as amended July
15, 1985 (50 FR 28702).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
B. State statutes and regulations provide for additional information and engineering
feasibility plan requirements regarding groundwater contamination detected at the time of
Part B permit application as indicated in Revision Checklist 38.
Federal Authority: RCRA §§3004 and 3005; 40 CFR 270.14 as amended June 22, 1987
(52 FR 23447) and September 9, 1987 (52 FR 33936).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
C. State statutes and regulations require owners and operators of facilities seeking
permits to provide descriptive information on the solid waste management units themselves
and all available information pertaining to any releases from the units as indicated in
Revision Checklist 44 A.
Federal Authority: RCRA §3004(u); 40 CFR 270.14 as amended December 1, 1987 (52
FR 45788).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
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D. State statutes and regulations require that owners and operators of hazardous
waste treatment, storage and disposal facilities (including permit-by-rule facilities subject to
264.101) institute corrective action beyond the facility boundary to protect human health
and the environment, unless the owner/operator is denied access to adjacent lands despite
the owner/operator's best efforts, as indicated in Revision Checklist 44 B.
Federal Authority: RCRA §3004(v); 40 CFR 264.100(e) and 264.101 (c), as amended
December 1, 1987 (52 FR 45788).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
E. State statutes and regulations contain the following corrective action
requirements for injection wells as indicated in Revision Checklist 44 C.
(1) Hazardous waste injection wells now operating under RCRA interim status
may retain interim status after issuance of a U 1C permit. Until a RCRA
permit or a RCRA "rider" to a UIC permit, which addresses Section 3004(u)^
corrective action, is issued, the well must comply with applicable interim
status requirements imposed by 265.430, Parts 144.146 and 147, and any
UIC permit requirements.
Federal Authority: RCRA §3004(u); 40 CFR 144.1(h) as amended December 1, 1987 (52
FR 45788).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
(2) As part of the UIC permit process, available information regarding operating
history and condition of the injection well must be submitted as well as any
available information on known releases from the well or injection zone.
Federal Authority: RCRA §3004(u); 40 CFR 144.31 (g) as amended December 1, 1987 (52
FR 45788).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
(3) UIC facility owners/operators must submit certain information related to
corrective action with their UIC applications.
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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 units comply with
regulations (Subpart F) regarding releases from solid waste management units when
necessary to comply with 264.601 through 264.603 as indicated in Revision Checklist 45.
Federal Authority: RCRA §3004(u); 40 CFR 264.90(d) as amended December 10, 1987
(52 FR 46946).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
XIV. HAZARDOUS WASTE EXPORTS
A. State statutes and regulations require generators and transporters of hazardous
waste destined for export outside the United States to comply with standards equivalent to
those as indicated in Revision Checklists 17 R, 31, and 48 (with the latter providing
technical corrections to Checklist 31).
Federal Authority: RCRA §3017; 40 CFR 262.50 as amended July 15, 1985 (50 FR
28702), August 8, 1986 (51 FR 28664), and July 19, 1988 (53 FR 27164).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
XV. STANDARDS FOR FACILITIES3
A. State statutes and regulations prohibit the land disposal of hazardous waste
prohibited under 40 CFR Parts 264 and 265 as indicated in Revision Checklist 17 E. Land
disposal includes, but is not limited to, placement in landfills, surface impoundments, waste
piles, deep injection wells, land treatment facilities, salt dome and bed formations and
underground mines or caves. Deep injection well means a well used for the underground
injection of hazardous wastes other than a well to which 7010(a) of RCRA applies.
3This section contains all changes to the Federal RCRA program concerning facility
standards except for those specifically related to groundwater monitoring. This latter group
of facility standard changes are addressed by Section XI.
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Federal Authority: RCRA §§3004(b)-(q); 40 CFR 264.18 and 265.18 as amended July 15,
1985 (50 FR 28702).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
B. Effective on November 8, 1984, State statutes and regulations prohibit the
placement of any non-containerized or bulk liquid hazardous waste in any salt dome or salt
bed formation any underground mine or cave except as provided in 264.18(c) and
265.18(c) as indicated in Revision Checklist 17 E. Furthermore, State statutes and
regulations prohibit the placement of any other hazardous waste in such formations until a
permit is issued.
Federal Authority: RCRA §3004(b); 40 CFR 264.18 and 265.18 as amended July 15, 1985
(50 FR 28702).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
C. State statutes and regulations prohibit the use of waste oil or other materials
contaminated with hazardous wastes (except ignitible wastes) as a dust suppressant as
indicated in Revision Checklist 17 G.
Federal Authority: RCRA §3004(1); 40 CFR 266.23 as amended July 15, 1985 (50 FR
28702).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
D. State statutes and regulations require the permittee to take steps to minimize
releases to the environment in accordance with 40 CFR Part 270.30(d) as indicated in
Revision Checklist 2.
Federal Authority: RCRA §3005(c); 40 CFR Part 270 as amended September 1, 1983 (48
FR 39622).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
E. State statutes and regulations require that closure and post-closure requirements
and special requirements for containers apply to interim status landfills as indicated in
Revision Checklist 15.
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Federal Authority: RCRA §3004; 40 CFR 265.310 and 265.315 as amended April 23, 1985
(50 FR 16044).
Citation of Laws and Regulations; Date of Enactment and Adoption
Remarks of the Attorney General
F. State statutes and regulations require compliance with closure/post-closure and
financial responsibility requirements applicable to owners and operators of hazardous waste
treatment, storage and disposal facilities, as indicated in Revision Checklists 24, 36, and
45.
Federal Authority: RCRA §§3004 and 3005; 40 CFR Parts 260, 264, 265, and 270 as
amended May 2, 1986 (51 FR 16422), March 19, 1987 (52 FR 8704) and December 10,
1987 (5.2 FR 46946).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
G. fOPTIONAL: This is a reduced requirement.] State statutes and regulations
allow qualified companies that treat, store or dispose of hazardous waste to use a
corporate guarantee to satisfy liability assurance requirements as indicated in Revision
Checklists 27 and 43.
Federal Authority: RCRA §§2002, 3004, and 3005; 40 CFR 264.147, 264.151, and
265.147 as amended July 11, 1986 (51 FR 25350) and November 18, 1987 (52 FR
44314).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
H. State statutes and regulations require companies that generate, treat or store
hazardous waste in tanks to comply with tank standards equivalent to those indicated in
Revision Checklists 28 and 52.
Federal Authority: RCRA §§1006, 2002, 3001 - 3007, 3010, 3014, 3017 - 3019 and 7004;
40 CFR Parts 260, 261, 262, 264, 265, and 270 as amended July 14, 1986 (51 FR
25422), August 15, 1986 (51 FR 29430) and September 2, 1988 (53 FR 34079).
i
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
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I. State statutes and regulations require environmental performance standards;
monitoring, testing, analytical data, inspection, response and reporting procedures; and
post-closure care for miscellaneous units as indicated in Revision Checklist 45.
Federal Authority: RCRA §§3004 and 3005; 40 CFR 264.600, 264.601, 264.602, and
264.603 as amended December 10, 1987 (52 FR 46946).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
J. [OPTIONAL: This is a reduced requirement.] State statutes and regulations
allow owners and operators of landfills, surface impoundments, or land treatment units,
under limited circumstances, to remain open after the final receipt of hazardous wastes in
order to receive non-hazardous wastes in that unit as indicated in Revision Checklist 64.
Federal Authority: RCRA §§1006, 2002(a), 3004, 3005 and 3006; 40 CFR 264.13, ,
264.112, 264.113, 264.142, 265.13, 265.112, 265.113, 265.142 and Appendix I to 270.42
as amended August 14, 1989 (54 FR 33376).
Citation of Laws and Regulations; Date of Enactment and Adoption
Remarks of the Attorney General
K. State statutes and regulations require new and existing hazardous waste
treatment, storage or disposal facilities to control organic air emissions from process vents
and equipment leaks as indicated in Revision Checklist 79.
Federal Authority: RCRA §§1006, 2002, 3001-3007, 3010, 3014 and 7004; 40 CFR Parts
261, 264, 265 and 270 as amended June 21, 1990 (55 FR 25454).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
L. State statutes and regulations contain design, operating, inspection and closure
requirements for drip pads and associated tanks, sumps and other devices used to assist
in the collection of treated wood drippage as indicated in Revision Checklist 82.
Federal Authority: RCRA §§2002(a) and 3001(b)&(e)(1); 40 CFR 262.34(a)(2)-(5), 264.190,
264.570, 264.571, 264.572, 264.573, 264.574, 264.575, 265.190, 265.440, 265.441,
265.442, 265.443, 265.444, and 265.445 as amended December 6, 1990 (55 FR 50450).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
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XVI. REQUIREMENTS FOR PERMITS
A. rOPTIONAL: This is a reduced requirement.] State statutes and regulations
allow a facility (1) to construct an approved TSCA facility for burning PCBs without first
obtaining a RCRA permit and (2) to subsequently apply for a RCRA permit in accordance
with Revision Checklist 17 M.
Federal Authority: RCRA §3005(a); 40 CFR 270.10(0(3) as amended July 15, 1985 (50
FR 28702).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
B. State statutes and regulations require review of land disposal permits every five
years and modification of such permits as necessary to assure compliance with the
requirements in Parts 124, 260 through 266, and 270, as indicated in Revision Checklist
17 N.
Federal Authority: RCRA §3005(c)(3); 40 CFR 270.41 (a)(6) and 270.50(d) as amended
July 15, 1985 (50 FR 28702).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
C. State statutes and regulations require permits to contain any conditions
necessary to protect human health and the environment in addition to any conditions
required by regulations as indicated in Revision Checklist 17 O.
Federal Authority: RCRA §3005(c)(3); 40 CFR 270.32(b) as amended July 15, 1985 (50
FR 28702).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
D. State statutes and regulations require that:
(1) For land disposal facilities granted interim status prior to 11/8/84, interim
status terminates 11/8/85; unless a Part B application and certification of
compliance with applicable groundwater monitoring and financial responsibility
requirements are submitted by 11/8/85, as indicated in Revision Checklist 17
P.
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Federal Authority: RCRA §3005(e); 40 CFR 270.73(c) as amended July 15, 1985 (50 FR
28702).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
(2) For land disposal facilities in existence on the effective date of statutory or
regulatory changes under this Act that render the facility subject to the
requirement to have a permit and which is granted interim status, interim
status terminates 12 months after the date the facility first becomes subject
to such permit requirement unless a Part B application and certification of
compliance with applicable groundwater monitoring and financial responsibility
requirements are submitted by that date as indicated in Revision Checklist 17
P.
Federal Authority: RCRA §3005(e); 40 CFR 270.73(d) as amended July 15, 1985 (50 FR
28702).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
(3) Interim status terminates for incinerator facilities on 11/8/89 unless the
owner/operator submits a Part B application by 11/8/86 as indicated in
Revision Checklist 17 P.
Federal Authority: RCRA §3005(c)(2)(C); 40 CFR 270.73(e) as amended July 15, 1985 (50
FR 28702).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
(4) Interim status terminates for any facility other than a land disposal or an
incineration facility on 11/8/92 unless the owner/operator submits a Part B
application by 11/8/88 as indicated in Revision Checklist 17 P.
Federal Authority: RCRA §3005(c)(2)(C); 40 CFR 270.73(f) as amended July 15, 1985 (50
FR 28702).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
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E. [OPTIONAL: This is a reduced requirement.] State statutes and regulations
allow facilities to qualify for interim status if they (1) are in existence on the effective date
of statutory or regulatory changes that render the facility subject to the requirement to have
a permit and (2) comply with 270.70(a) as indicated in Revision Checklist 17 P.
Federal Authority: RCRA §3005(e); 40 CFR 270.70(a) as amended July 15, 1985 (50 FR
28702).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
F. State statutes and regulations provide that facilities may not qualify for interim
status under the State's analogue to Section 3005(e) if they were previously denied a
Section 3005(c) permit or if authority to operate the facility has been terminated as
indicated in Revision Checklist 17 P.
Federal Authority: RCRA §3005(c)(3); 40 CFR 270.70(c) as amended July 15, 1985 (50
FR 28702).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
G. fOPTIONAL: This is a reduced requirement.] State statutes and regulations
allow the issuance of a one-year research, development, and demonstration permit
(renewable each year, but not for a period longer than three years) for any hazardous
waste treatment facility which proposes an innovative and experimental hazardous waste
treatment technology or process not yet regulated as indicated in Revision Checklist 17 Q.
If adopted, however, the State must require the facility to meet RCRA's financial
responsibility and public participation requirements and retain authority to terminate
experimental activity if necessary to protect health or the environment.
Federal Authority: RCRA §3005(g); 40 CFR 270.65 as amended July 15, 1985 (50 FR
28702)
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
H. State statutes and regulations require landfills, surface impoundments, land
treatment units, and waste piles that received waste after July 26, 1982 and which qualify
for interim status to comply with the groundwater monitoring, unsaturated zone monitoring,
and corrective action requirements applicable to new units at the time of permitting as
indicated in Revision Checklist 17 L
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Federal Authority: RCRA §3005(i); 40 CFR 264.90(a) as amended July 15, 1985 (50 FR
28702).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
I. State statutes and regulations require:
(1) Surface impoundments in existence on November 8, 1984 [or subsequently
becoming subject to RCRA pursuant to 3005(j)(6)(A) or (B)] to comply with
the double liner, leachate collection, and groundwater monitoring requirements
applicable to new units by November 8, 1988 [or the date specified in
3005(j)(6)(A) or (B)] or to stop treating, receiving, or storing hazardous waste,
unless the surface impoundment qualifies for a special exemption under
3005(j).
Federal Authority: RCRA §3005(j)(1)&(6)(A).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
(2) [OPTIONAL: This is a reduced requirement.] State statutes and regulations
may allow variances from the above requirements as provided in RCRA
3005(j)(2-9) and (13). However, the availability of such variances must be
restricted as provided in RCRA 3005(j).
Federal Authority: RCRA §3005Q)(2-9).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
J. [OPTIONAL: This is a reduced requirement.) Facility owners or operators are
given the opportunity to cure deficient Part A applications in accordance with 40 CFR
270.70(b) before failing to qualify for interim status as indicated in Revision Checklist 6.
Federal Authority: RCRA §3005; 40 CFR Part 270 as amended April 24, 1984 (49 FR
17716).
Citation of Laws and Regulations; Date of Enactment and Adoption
Remarks of the Attorney General
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K. State statutes and regulations allow the permit granting agency to initiate
modifications to a permit without first receiving a request from the permittee, in cases
where statutory changes, new or amended regulatory standards or judicial decisions affect
the basis of the permit as indicated in Revision Checklist 44 D.
Federal Authority: RCRA §3005(c); 40 CFR 270.41 (a)(3) as amended December 1, 1987
(52 FR 45788).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
L. State statutes and regulations require that permittees must comply with new
requirements imposed by the land disposal restrictions promulgated under Part 268 even
when there are contrary permit conditions, as indicated in Revision Checklist 44 E.
Federal Authority: RCRA §3006(g); 40 CFR 270.4(a) as amended December 1, 1987 (52
FR 45788).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
M. State statutes and regulations require information from permit applicants
concerning permit conditions necessary to protect human health and the environment as
indicated in Revision Checklist 44 F.
Federal Authority: RCRA §3005(c); 40 CFR 270.10 as amended December 1, 1987 (52
FR 45788).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
N. State statutes and regulations require post-closure permits for all landfills,
surface impoundments, waste piles and land treatment units receiving hazardous waste
after July 26, 1982 as indicated in Revision Checklist 44 G.
Federal Authority: RCRA §3005(i); 40 CFR 270.1(c) as amended December 1, 1987 (52
FR 45788).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
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0. State statutes and regulations require that all owners and operators of units that
treat, store, or dispose of hazardous waste in miscellaneous units must comply with the
general application requirements (including Part A permit requirements), the Part B general
application requirements of 270.14, and specific Part B information requirements for
miscellaneous units as indicated in Revision Checklists 45 and 59.
Federal Authority: RCRA §§3004 and 3005; 40 CFR 264.600, 270.14 and 270.23 as
amended December 10, 1987 (52 FR 46946) and January 9, 1989 (54 FR 615).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
P. fOPTIONAL: This is a reduced requirement.] State statutes and regulations
provide owners and operators more flexibility to change specified permit conditions, to
expand public notification and participation opportunities, and allow for expedited approval if
no public concern exists for a proposed permit modification. Owner/operator permit
modifications are categorized into three classes with administrative procedures for approving
modifications established in each class. These changes are as indicated in Revision
Checklist 54.
Federal Authority: RCRA §§2002(a), 3004, 3005, and 3006; 40 CFR Parts 124, 264, 265,
and 270 as amended September 28, 1988 (53 FR 37912) and October 24, 1988 (53 FR
41649).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
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 Checklist 60.
Federal Authority: RCRA §3005(b); 40 CFR Part 270 as amended January 30, 1989 [54
FR 4286).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
R. [OPTIONAL: This is a reduced requirement.] State statutes and regulations
allow greater flexibility to interim status facilities to make changes during interim status
following director approval as indicated in Revision Checklist 61.
35 DAGREV10.10 - 6/24/92
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SPA 10
Federal Authority: RCRA §§2002(a), 3004, 3005 and 3006; 40 CFR 270.72 as amended
March 7, 1989 (54 FR. 9596).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
S. [OPTIONAL: This is a reduced requirement.] State statutes and regulations lift
the reconstruction limit for changes: 1) to certain interim status units necessary to comply
with Federal, State, or local requirements, 2) necessary to allow continued handling of
newly listed or identified hazardous waste, 3) made in accordance with an approved
closure plan, and 4) made pursuant to a corrective action order as indicated in Revision
Checklist 61.
Federal Authority: RCRA §§2002(a), 3004, 3005, and 3006; 40 CFR 270.72 as amended
March 7, 1989 (54 FR 9596).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
T. [OPTIONAL: This is a reduced requirement.] State statutes and regulations
that clarify that a permit can be denied for the active life of a facility while a decision on
post closure permitting is pending as indicated in Revision Checklist 61.
Federal Authority: RCRA §§2002(a), 3004, 3005, and 3006; 40 CFR 124.1, 124.15,
124.19, 270.1, 270.10 and 270.29 as amended March 7, 1989 (54 FR 9596).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
U. [OPTIONAL: This is a reduced requirement.] State statutes and regulations
that classify as Class 1 certain permit modifications requested by owners/operators
necessary to enable permitted facilities to comply with the land disposal restrictions as
indicated in Revision Checklist 61. Specifically these modifications include 1) adding
restricted wastes treated to meet applicable 40 CFR Part 268 treatment standards or
adding residues from treating "soft hammer" wastes, 2) adding certain wastewater treatment
residues and incinerator ash, 3) adding new wastes for treatment in tanks or containers
under certain limited conditions, and 4) adding new treatment processes, necessary to treat
restricted wastes to meet treatment standards, that take place in tanks or containers.
3g DAGREV10.10 - 6/24/92
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Federal Authority: RCRA §§2002(a), 3004, 3005 and 3006; 40 CFR 270.42 as amended
March 7, 1989 (54 FR 9596).
Citation of Laws and Regulations; Date of Enactment and Adoption
Remarks of the Attorney General
V. State statutes and regulations incorporate updates to 40 CFR Part 124 as
indicated in Revision Checklist 70.
Federal Authority: RCRA §§6901 and 6902; 40 CFR 124.3, 124.5, 124.6, 124.10 and
124.12 as amended April 1, 1983 (48 FR 14146), June 30, 1983 (48 FR 30113), July 26,
1988 (53 FR 28118), September 26, 1988 (53 FR 37396) and January 4, 1989 (54 FR
246).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
W. State statutes and regulations contain Special Part B information requirements
for drip pads as indicated in Revision Checklist 82.
Federal Authority: RCRA §§2002(a) and 3001(b)&(e)(l); 40 CFR 270.22 as amended
December 6, 1990 (55 FR 50450).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
XVII. MINIMUM TECHNOLOGICAL REQUIREMENTS
A. State statutes and regulations require that new units, expansions, and
replacements of interim status waste piles meet the requirements for a single liner and
leachate collection system in regulations applicable to permitted waste piles as indicated in
the Revision Checklist 17 H.
Federal Authority: RCRA §3015(a); 40 CFR 265.254 as amended July 15, 1985 (50 FR
28702).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
B. State statutes and regulation require:
37 DAGREV10.10 - 6/24/92
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SPA 10
(1) New units, expansions, and replacement units at interim status landfills and
surface impoundments and landfills and surface impoundments for which Part
B of the permit application is received by the proper authority after November
8, 1984, meet the requirements for double liners and leachate collection
systems applicable to new permitted landfills and surface impoundments in
40 CFR 264.221 and 264.301 and 265.221 and 265.301 as indicated in
Revision Checklists 17 H and 77.
Federal Authority: RCRA §§1006, 2002(a), 3004, 3005 and 3015(b); 40 CFR 264.221,
265.221, 264.301 and 265.301 as amended July 15, 1985 (50 FR 28702) and May 9, 1990
(55 FR 19262).
(2) [OPTIONAL: This is a reduced requirement.] Facilities which comply in
good faith need not retrofit at permit issuance unless the liner is leaking as
provided in 265.221 (e) and 265.301 (e) as indicated in Revision Checklist 17
H.
Federal Authority: RCRA §3015(b); 40 CFR 264.221, 265.221 and 265.301 as amended
July 15, 1985 (50 FR 28702).
(3) [OPTIONAL: This is a reduced requirement.] Variances from the above
requirements are optional. However, the availability of such variances is
. restricted as provided in 264.221 (d) and (e), 264.301 (d) and (e), 265.221 (c)
and (d), and 265.301 (c) and (d) as indicated in Revision Checklist 17 H.
Federal Authority: RCRA §3015(b); 40 CFR 264.221, 265.221 and 265.301 as amended
July 15, 1985 (50 FR 28702).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
XVIII. EXPOSURE ASSESSMENTS
A. State laws and regulations require permit applicants for landfills or surface
impoundments to submit exposure information as indicated in Revision Checklist 17 S.
Federal Authority: RCRA §3019(a); 40 CFR 270.10(j) as amended July 15, 1985 (50 FR
28702).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
/
B. State laws and regulations allow the State to make assessment information
available to the Agency for Toxic Substances and Disease Registry. [See CERCLA 104(i).]
33 DAGREV10.10 - 6/24/92
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SPA 10
Federal Authority: RCRA §3019(b).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
XIX. AVAILABILITY OF INFORMATION
A. State statutes and regulations provide that:
(1) All records shall be available to the public unless they are exempt from the
disclosure requirements of the Federal Freedom of Information Act (FOIA), 5
U.S.C. 552;
(2) All nonexempt records will be available to the public upon request regardless
of whether any justification or need for such records has been shown by the
requestor;
(3) The same types of records would be available to the public from the State
as would be available from EPA. [In making this certification, the Attorney
General should be aware of the types of documents EPA generally releases
under the FOIA, subject to claims of business confidentiality: permit
applications; biennial reports from facilities; closure plans; notification of a
facility closure; contingency plan incident reports; delisting petitions; financial
responsibility instruments; ground-water monitoring data (note that exemption
5 U.S.C.552(b)(9) of the FOIA applies to such wells as oil and gas, rather
than to ground-water wells); transporter spill reports; international shipment
reports; manifest exception, discrepancy and unmanifested waste reports;
facility EPA identification numbers; withdrawal requests; enforcement orders;
and, inspection reports]; and,
(4) Information is provided to the public in substantially the same manner as
EPA as indicated in 40 CFR Part 2 and the Revision Checklist in Appendix
N of the State Authorization Manual. 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 promulgation of regulations for the MOA procedures
to be binding.]
(5) [OPTIONAL: The State statutes and regulations protect Confidential
Business Information (CBI) to the same degree as indicated in 40 CFR 2
and the Revision Checklist in Appendix N of the State Authorization Manual.
Note, that States do not have to protect CBI, to satisfy 3006(f). However, if
a State does extend protection to CBI then it cannot restrict the release of
information that EPA would require to be disclosed.]
39 DAGREV10.10 - 6/24/92
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SPA 10
Federal Authority: RCRA §3006(f); 40 CFR §271.17(c).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
XX. BURNING OF WASTE FUEL AND USED OIL FUEL IN BOILERS AND
INDUSTRIAL FURNACES
A. State statutes and regulations contain the following requirements regarding the
burning of waste fuel and used oil fuel for energy recovery in boilers and industrial
furnaces as indicated in Revision Checklist 19:
(1) Waste fuels and used oil fuels are identified as solid wastes so as to
encompass all such wastes controlled under 40 CFR 261.3, 261.5 and 261.6.
(2) Special management standards for generators, transporters, marketers and
burners of hazardous waste and used oil burned for energy, as set forth in
40 CFR 264.340, 265.340, 266.30-35 and 266.40-44.
Federal Authority: RCRA §§3001, 3004 and 3014(a); 40 CFR Parts 261, 264, 265 and 266
as amended November 29, 1985 (50 FR 49164), November 19, 1986 (51 FR 41900) and
April 13, 1987 (52 FR 11819).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
B. [OPTIONAL: This is a reduced requirement.] State statutes and regulations
provide the authority to obtain criminal penalties for violations of the waste fuel and used
oil fuel requirements, as set forth in 40 CFR 266.40-44.
Federal Authority: RCRA §§3006(h), 3008(d) and 3014; 40 CFR 271.16.
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
XXI. LAND DISPOSAL RESTRICTIONS
A. State statutes and regulations provide for the restrictions of the land disposal of
certain spent solvents and dioxin-containing hazardous wastes as indicated in Revision
Checklists 34, 39, and 50.
4Q DAGREV10.10 • 6/24/92
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SPA 10
Federal Authority: §3004(d)-(k) and (m); 40 CFR Parts 260, 261, 262, 263, 264, 265, 268
and 270 as amended on November 7, 1986 (51 FR 40572), June 4, 1987 (52 FR 21010),
July 8, 1987 (52 FR 25760), and August 17, 1988 (53 FR 31138).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
B. State statutes and regulations for restricting the disposal of certain California list
wastes, including liquid hazardous waste containing polychlorinated biphenyls (PCBs) above
specified concentrations, and hazardous waste containing hajogenated organic compounds
(HOCs) above specified concentrations as indicated in Revision Checklists 39, 50, and 66.
Federal Authority: RCRA §3004(d)-(k) and (m); 40 CFR Parts 262, 264, 265, 268 and 270
as amended on July 8, 1987 (52 FR 25760), October 27, 1987 (52 FR 41295), August 17,
1988 (53 FR 31138), and September 6, 1989 (54 FR 36967).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
C. State statutes and regulations for specific treatment standards and effective
dates for certain wastes from the "First Third" of the schedule of restricted wastes listed in
40 CFR 268.10 as well as land disposal restrictions for those First Third wastes for which
a treatment standard is not established as indicated in Revision Checklists 50, 62 and 66.
Federal Authority: RCRA §3004 (d)-(k) and (m); 40 CFR Parts 264, 265, 266, and 268 as
amended on August 17, 1988 (53 FR 31138), February 27, 1989 (54 FR 8264), May 2,
1989 (54 FR 18836), September 6, 1989 (54 FR 36967) and June 13, 1990 (55 FR
23935).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
D. State statutes and regulations for certain treatment standards and prohibition
effective dates for certain Second Third wastes and for imposing the "soft hammer"
41 DAGREV10.10 - 6/24/92
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SPA 10
provisions4 of 40 CFR 268.8 on Second Third wastes for which the Agency is not
establishing treatment standards as indicated in Revision Checklist 63.
Federal Authority: RCRA §3004(d)-(k) and (m); 40 CFR Part 268 as amended June 23,
1989 (54 FR 26594).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
E. State statutes and standards for treatment standards and effective dates for
certain First Third "soft hammer" wastes4 as well as for certain wastes originally contained
in the Third Third of the Schedule as indicated in Revision Checklist 63.
Federal Authority: RCRA §3004(d)-(k) and (m); 40 CFR Parts 264, 265 and 268 as
amended June 23, 1989 (54 FR 26594).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
F. State statutes and regulations provide specific treatment standards and effective
dates for the "Third Third" wastes, "soft hammer First and Second Third wastes4, five
newly listed wastes, four wastes that fall into the F002 and F005 (spent solvent) waste
codes, F025, mixed radioactive/hazardous wastes, characteristic wastes, and multi-source
leachate, as well as establish revised treatment standards for petroleum refining hazardous
wastes (K048-K052) as indicated in Revision Checklist 78.
Federal Authority: RCRA §§3001 and 3004 (d)-(k) and (m); 40 CFR 261, 262, 264, 265,
268, and 270 as amended June 1, 1990 (55 FR 22520).
Citation of Laws and Regulations; Date of Enactment and Adoption
Remarks of the Attorney General
"Soft hammer" wastes are those wastes for which EPA did not promulgate treatment
standards by their respective effective dates. These wastes could continue to be
disposed of in a landfill or surface impoundment until May 8, 1990 if certain
demonstrations were made and the technology requirements of RCRA §3004(o)
were met. Other types of land disposal (e.g., underground injection) were not
similarly restricted. On May 6, 1990, wastes for which EPA had not established
treatment standards became prohibited from all types of land disposal. This latter
requirement is referred to as the "hard hammer" provision and ended the soft
hammer provisions which were in effect prior to May 6, 1990.
42 DAGREV10.10 - 6/24/92
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SPA 10
G. [OPTIONAL: This is a reduced requirement.] State statutes and regulations
provide for alternate treatment standards for lab packs meeting certain criteria as indicated
in Revision Checklist 78.
Federal Authority: RCRA §3004(d)-(k) and (m); 40 CFR 264.316(f), 265.316(f), 268.7(a)(7),
268.7(a)(8), 268.42(c), 268.42(c)(1)-(4), and Part 268 Appendices IV and V, as amended
June 1, 1990 (55 FR 22520).
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 Administrative Procedure Act)
requires that the procedure be promulgated as a rule in order to be binding.]
Seal of Office
Signature
Name (Type or Print)
Title
Date
43 DAGREV10.10 - 6/24/92
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SPA 10
I. Index to the checklist entries found In the
Model Revision Attorney General's Statement
Revision checklist number/name Subsections pertaining to checklist
1. Biennial Report VIII A
2. Permit Rule: Settlement
Agreement XV D
3. Interim Status Standards V A
4. Chlorinated Aliphatic Hydrocarbons .... I A(1)
5. National Uniform Manifests VII A
6. Permit Rule - Deficient Part A
Applications XVI J
7. Listing Warfarin & Zinc Phosphide .... I A(2)
8. Lime Stabilized Pickle Liquor Sludge ...ID
9. Exclusion of Household Waste IE
10. Interim Status Standards -
Applicability V A
11. Corrections to Test Methods Manual ...IE
12. Satellite Accumulation Standards IV A
13. Definition of Solid Wastes II A
14. Dioxin Listing and Management
Standards Ill A
15. Interim Status Standards for
Treatment, Storage, and Disposal
Facilities XV E
16. Paint Filter Test VI
17 A. Small Quantity Generators
(Superceded: See Checklist 23) IB
17 B. Delisting I C(1)&(2)
17 C. Household Waste IE
17 D. Waste Minimization IX A(1)&(2)
17 E. Location Standards for Salt
Domes, Salt Beds, Underground
Mines, and Caves XV A & B
17 F. Liquids in Landfills VI A; X A
17 G. Dust Suppression XV C
17 H. Double Liners XVII A; XVII B(1),(2)&(3)
17 I. Ground-water Monitoring XI A & B
Continued...
44 DAGREV10.10 - 6/19/92
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I. Index to the checklist entries found In the SPA 10
Model Revision Attorney General's Statement (cont'd)
Revision checklist number/name Subsections pertaining to checklist
17 J. Cement Kilns XII A(1)&(2)
17 K. Fuel Labeling XII A(2)
17 L Corrective Action XIII A(1),(2),(3)&(4); XVI H
17 M. Pre-construction Ban XVI A
17 N. Permit Life XVI B
17 O. Omnibus Provision XVI C
17 P. Interim Status XVI D(1),(2),(3)&(4); XVI E & F
17 Q. Research & Development Permits .... XVI G
17 R. Hazardous Waste Exports XIV A
17 S. Exposure Information XVIII A
18. Listing of TDI, IDA, DNT I A(3)
19. Burning of Waste Fuel and Used Oil ... XX A
20. Spent Solvents Listing I A(4)
21. EDB Waste Listing I A(5)
22. Four Spent Solvents Listing I A(6)
23. Small Quantity Generators IB
24. Financial Responsibility:
Settlement Agreement XV F
25. Paint Filter Test - Correction VI; X A
26. Listing of Spent Pickle Liquor I A(7)
27. Corporate Guarantee - Liability
Coverage XV G
28. Hazardous Waste Storage and Tank
Systems XV H
29. Correction - Commercial Chemical
Products and Appendix VIII I A(8)
30. Biennial Reports; Correction VIII A; IX A
31. Exports of Hazardous Wastes XIV A
32. Standards for Generators - Waste
Minimization Certifications I B; VII A; IX A(1)&(2)
33. Listing of EBDC I A(9)
34. Land Disposal Restrictions XXI A
35. Revised Manual SW-846; Amended
Incorporation by Reference IF
36. Closure/Post-Closure Care for
Interim Status Surface Impoundments . . XV F
37. Definition of Solid Wastes;
Technical Corrections II A
Continued...
45 DAGREV10.10 - 6/19/92
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I. Index to the checklist entries found In the SPA 10
Model Revision Attorney General's Statement (cont'd)
Revision checklist number/name Subsections pertaining to checklist
38. Amendments, Part B - Information
Requirements for Disposal Facilities . . . XIII B
39. California List Waste Restrictions XXI B
40. List (Phase I) of Hazardous
Constituents for Ground-water
Monitoring XI C
41. Identification and Listing of
Hazardous Waste I A(8)
42. Exception Reporting for Small
Quantity Generators VII B
43. Liability Requirements; Corporate
Guarantee XV G
44 A. Permit Application Requirements
Regarding Corrective Action XIII C
44 B. Corrective Action Beyond Facility
Boundary XIII D
44 C. Corrective Action for Injection Wells . . . XIII E(1),(2)&(3)
44 D. Permit Modification XVI K
44 E. Permit as Shield Provision XVI L
44 F. Permit Conditions to Protect Human
Health and the Environment XVI M
44 G. Post-closure Permits XVI N
45. Hazardous Waste Miscellaneous
Units VII C; XIII F; XV F; XV I; XVI O
46. Technical Correction - Identification
and Listing of Hazardous Waste I A(8)
47. Small Quantity Generators;
Technical Correction IB
48. Farmer Exemption; Technical
Correction XIV A
49. Treatability Studies Sample
Exemption I H
50. Land Disposal Restrictions
for First Third Scheduled Wastes XXI A, B & C
51. Liability Coverage for Owners/
Operators of Treatment, Storage,
and Disposal Facilities Withheld, no entry as yet
Continued...
45 DAGREV10.10 - 6/19/92
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I. Index to the checklist entries found In the SPA 10
Model Revision Attorney General's Statement (cont'd)
Revision checklist number/name Subsections pertaining to checklist
52. Standards for Hazardous Waste
Storage and Treatment Tank
Systems XV H
53. Identification and Listing of
Hazardous Waste; and Designation,
Reportable Quantities and
Notification I A(10), I I
54. Permit Modifications for Waste
Management Facilities XVI P
55. Statistical Methods for Evaluating
Ground-Water Monitoring Data from
Hazardous Waste Facilities XI D
56. Removal of Iron Dextran from the
Lists of Hazardous Wastes . I A(11)
57. Removal of Strontium Sulfide from
the Lists of Hazardous Wastes I A(12)
t58. Standards for Generators of
Hazardous Waste; Manifest
Renewal VII D
59. Hazardous Waste Miscellaneous
Units; Standards Applicable to
Owners and Operators XVI O
60. Amendment to Requirements for
Hazardous Waste Incinerator Permits . . XVI Q
61. Changes to Interim Status Facilities
for Hazardous Waste Management
Permits; XVI R & S
Modifications of Hazardous Waste
Management Permits; XVI U
Procedures for Post-Closure
Permitting XVI T
62. Land Disposal Restrictions
Amendments to First Third
Scheduled Wastes XXI C
63. Land Disposal Restrictions for
Second Third Scheduled Wastes XXI D & E
64. Delay of Closure Period for Hazardous
Waste Management Facilities XV J
65. Mining Waste Exclusion I I J(1)
66. Land Disposal Restrictions; Correction
to First Third Scheduled Wastes XXI C
Continued...
47 DAGREV10.10 - 6/19/92
-------
I. Index to the checklist entries found In the SPA 10
Model Revision Attorney General's Statement (cont'd)
Revision checklist number/name Subsections pertaining to checklist
67. Testing and Monitoring Activities IK
68. Reportable Quantity Adjustment Methyl
Bromide Production Waste I A (13)
69. Reportable Quantity Adjustment I A (14)
70. Changes to Part 124 Not Accounted
for by Present Checklists XVI V
71. Mining Waste Exclusion II I J(2); VII E
72. Modification of F019 Listing I A(15)
73. Testing and Monitoring Activities;
Technical Corrections IK
74. Toxicity Characteristic Revisions I L
75. Listing of 1,1-Dimethylhydrazine
Production Wastes I A(16)
76. Criteria for Listing Toxic Wastes;
Technical Amendment I M
77. HSWA Codification Rule, Double Liners;
Correction XVII B(1)
78. Land Disposal Restrictions for
Third Third Scheduled Wastes I A(17); XXI F & G
79. Organic Air Emission Standards for
Process Vents and Equipment Leaks . . I N; XV K
80. Toxicity Characteristic; Hydrocarbon
Recovery Operations I O
81. Petroleum Refinery Primary and
Secondary Oil/Water/Solids Separation
Sludge Listings (F037 and F038) I A(18); I P
82. Wood Preserving Listings I A(19); I Q & R, XV L, XVI W
48 DAGREV10.10 - 6/19/92
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SPA 10
Index to the non-checklist entries found In the
Model Revision Attorney General's Statement
Description Pertinent subsections
Agency for Toxic Substances and Disease Registry
making assessment information available to XVIII B
Availability of Information XIX A(1)-(5)
Burning and blending of hazardous waste,
RCRA §§3004(q)(2)(A) & 3004(r)(2) & (3) exceptions . XII B
Criminal penalties for waste fuel and
used oil fuel requirement violations XX B
Radioactive mixed wastes, hazardous
components of I G
Surface Impoundments:
1. existing units subject to Subtitle C
on November 8, 1984, must comply with
new unit requirements by November 8, 1988
or stop hazardous waste activity;
newly regulated surface impoundments must
comply within 4 years after listing or
characteristic is promulgated
(after November 8, 1984) XVI 1(1)
2. disposal of waste prohibited from
land disposal under RCRA §3004(d),
(e) or (g) Not Needed1'
3. variance under RCRA §3005(j)(2-9)
and (13) XVI l(2)
Third party direct action against financial
responsibility insurer or granter Not Delegable
I/ These requirements are taken care of when State adopts an analog to 40 CFR
268.4, per the Land Disposal Restriction checklists.
49 DAGREV10.10 - 6/19/92
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SPA 10
Revision Checklist Linkage Table
as of December 31, 1990
Revision
Checklist Number
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
Linked
Checklists
17 D, 30
10
—
17 0,32,58
—
—
13
17 C
3
35,67,73
8,37
—
—
25
Topic or Explanation
Biennial Report
Permit - Settlement Agreement1
Interim Status - Applicability
Chlorinated Aliphatic Hydrocarbon Listing
National Uniform Manifest Requirements
Permit - Settlement Agreement1
Warfarin & Zinc Phosphate Listing
Lime Stabilized Pickle Liquor Sludge
Household Waste Exclusion
Interim Status - Applicability
Corrections to Test Methods Manual
Satellite Accumulation
Definition of Solid Waste
Dioxin Waste Listing and Management
Standards
Landfill Interim Status
Paint Filter Test
17 A2 23,42,47 Small Quantity Generators
17 B — Delisting
17 C 9 Household Waste Exclusion
17 D 1,5,30,32,58 Biennial Report/National Uniform Manifest
17 E — Salt Domes, Salt Beds, Underground Mines
and Caves Standards
17 F — Liquids in Landfills
17 G — Dust Suppression
17 H 77 Double Liners
17 I — Ground-Water Monitoring
17 J — Cement Kilns
17 K3 — Fuel Labeling
17 L --- Corrective Action
17 M — Pre-construction Ban
17 N — Permit Life
17 O — Omnibus Provision
17 P — Interim Status
17 Q — Research and Development Permits
17 R4 31,48 Hazardous Waste Exports
17 S — Exposure Information
Continued...
3 DLIST10.10 - 2/3/92
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SPA 10
Revision Checklist Linkage Table (cont'd)
Revision
Checklist Number
18
19
20
21
22
23
24
25
26
27
285
296
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44 A
44 B
44 C
44 D
44 E
44F
44G
Linked
Checklists
—
22
—
20
17 A,42,47
64"
16
—
43
52
46
1,17 D
17 R.48
5,17 D.58
—
39,50,62,63,66,78
11,67,73
—
13
—
34,50,62,63,66,78
...
—
17 A.23,47
27
...
—
54
—
—
—
Topic or Explanation
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)&(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
Care
Definition of Solid Waste
Part B Information Requirements Amendment
Land Disposal Restrictions
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 Conditions/Health-Environment
Post-Closure Permits, Scope of Requirement
Continued...
DLIST10.10 - 2/3/92
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SPA 10
Revision Checklist Linkage Table (cont'd)
Revision^
Checklist Number
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
Linked
Checklists
59
29
17 A.23,42
17 R.31
—
34,39,62,63,66,78
—
28
—
44 D
—
—
—
5,17 D.32
45
—
Topic or Explanation
Miscellaneous Units
Listings 261 .33(e),(f) and Associated
Appendices
Small Quantity Generators
Hazardous Waste Exports
Sample Exemption
Land Disposal Restrictions
Liability Coverage
Hazardous Waste Tank Systems
Smelting Waste Listing
Permit Modification
Ground-Water Monitoring Statistical
Iron Dextran Listing Removal
Strontium Sulfide Listing Removal
National Uniform Manifest
Miscellaneous Units
Incinerator Permits
Methods
61 — Changes to Interim Status Facilities
Reconstruction Limits
54 Modifications to Hazardous Waste
Management Permits
Procedures for Post-closure Permitting
62 34,39,50,63,66,78 Land Disposal Restrictions
63 34,39,50,62,66,78 Land Disposal Restrictions
64 24 Delay of Closure Period for Hazardous Waste
Management Facilities
65 71 Mining Waste Exclusion I
66 34,39,50,62,63,78 Land Disposal Restrictions
67 11,35,73 Testing and Monitoring Activities
68 — Methyl Bromide Production Wastes
69 — Chlorinated Aliphatic Hydrocarbon Production
Wastes
70 .--- Updates to Part 124
71 65 Mining Waste Exclusion II
72 — Modification of F019 Listing
73 11,35,67 Analytical Test Methods
74 80 Revision of Toxicity Characteristics
Continued...
DLIST10.10 - 2/3/92
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SPA 10
Revision Checklist Linkage Table (cont'd)
Revision Linked
Checklist Number Checklists Topic or Explanation
* 75 — 1,1-Dimethylhydrazine Production Wastes
Listing
76 — Criteria for Listing Toxic Wastes
77 17 H Corrections - Double Liners
* 78 34,39,50,62,66 Land Disposal Restrictions
79 — Organic Air Emission Standards for Process
Vents and Equipment Leaks
80 74 Toxicity Characteristic; Hydrocarbon Recovery
Operations
81 — Petroleum Refinery Primary and Secondary
Oil/Water/Solids Separation Sludge Listings
(F037 and F038)
82 — Wood Preserving Listings
%
* These are checklists affecting the lists of hazardous waste in 40 CFR 261, Subpart D.
1 While Revision Checklists 2 and 6 address similar topics, they affect different sections of
code.
2 Superseded by Revision Checklist 23.
3 Superseded by Revision Checklist 19.
4 Superseded by Revision Checklist 31.
5 Contains sections superseded by Revision Checklist 52.
6 Superseded by Revision Checklist 46.
DLIST10.10 - 2/3/92
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