United States
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
oEPA
DIRECTIVE NUMBER: 9541.00-18
TITLE: State Program Advisory #12
APPROVAL DATE: April 4, 1994
EFFECTIVE DATE: April 4, 1994
ORIGINATING OFFICE: Office of Solid Waste
DRAFT
STATUS: Q A - Pending OMB Approval
D B - Pending AA-OSWER Approval
REFERENCE (Other Documents):
OSWER Directive #9540.00-09A
OSWER OSWER OSWER
VE DIRECTIVE DIRECTIVE Dl
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United State*
Environmental Protection
Agency
Office of
Solid Wast* and
Emergency Response
&EPA
DIRECTIVE NUMBER: 9541.00-18
TITLE: State Program Advisory #12
APPROVAL DATE: April 4. 199*
EFFECTIVE DATE: April 4, 1994
ORIGINATING OFFICE: Office of Solid Waste
FINAL
DRAFT
STATUS: Q A - Pending OMB Approval
O B - Pending AA-OSWER Approval
REFERENCE (Other Documents):
OSWER Directive #9540.00-09A
OSWER OSWER OSWER OSWER
DIRECTIVE DIRECTIVE DIRECTIVE
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&EPA
United States Environmental Protection Agency
Washington, DC 20460
OSWER Directive Initiation Request
1. Directive Number
9541.00-18
2. Originator Information
Name of Contact Person
Keely Clifford
Mail Coda
5303W
Office
OSW/PSPD/SRPB
Telephone Number
703-308-8763
3. Trtla
State Program Advisory #12
4. Summary of Directive (include brief statement of purpose) xhig Directive updates the State Authorization
Manual, covering RCRA program changes for the period of July 1, 1991 - December 31. 1991. SPA
12 contains seven new revision checklists. Model Attorney General's Statement language for the
changes covered in the SPA and two consolidated checklists covering the Burning of Hazardous
WAste in Boilers and Industrial Furnaces and the Wood Perserving Listings.
5. Keywords
State Authorization / RCRA / State Program / Guidance
6a. Does This Directive Supersede Previous Directive(s)?
b. Does It Supplement Previous Directive(s)?
No Yes What directive (number, title)
No
Yes What directive (number, title)
Supplements OSWER
Directive #9540.00-09A
7. Draft Level
j 1 A - Signed by AA/DAA
B - Signed by Office Director I C - For Review & Comment
^^^_
D - In Development
8. Document to be distributed to States by Headquarters?
X
Yes
No
This Request Meets OSWER Directives System Format Standards.
9. Signature of Lead Office Directives Coordinator Wu/u"(L. fe> IBfeH/^UA—
Jennifer A. Barker. OSW Policy Directives Coordinator
10. Name and Title of Approving Official
Michael H. Shapiro, Director, OSW
Date
6/2/94
Date
4/4/94
EPA Form 1315-17 (Rev. 5-87) Previous editions are obsolete.
OSWER OSWER OSWER OSWER,
DIRECTIVE DIRECTIVE DIRECTIVE
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OSWER Directive #9541.00-18
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON. O.C, 20480
APR - 4 1994
OFFICE or
MEMORANDUM SOUO w*m A"° BW"OSNCV
8UBJSCTI State Program Advisory Number Twelve
FROM! Michael H. Shapiro, Diwgjbr-
Office of Solid Waste
TOi Regional Division Directors, Regions I-X
The State and Regional Programs Branch (SRPB) periodically
issues State Program Advisories (SPAs) to update the State
Authorization Manual (SAM) as new RCRA program policies,
regulations, and self-implementing statutory provisions come into
effect.
with this memorandum, I am transmitting SPA 12, which covers
RCRA program changes for the period of July 1, 1991 through
December 31, I99i. SPA 12 contains seven new revision
checklists, Model Attorney General's Statement language for the
changes covered in the SPA, and two consolidated checklists. The
two consolidated checklists cover the Burning of Hazardous Waste
in Boilers and Industrial Furnaces Checklist updated through
December 31, 1991, as well as a similar consolidated checklist
for the Wood Preserving Listings.
If you have any questions about any of these materials,
please contact State and Regional Programs Branch Authorization
Acting Branch Chief, Richard Lashier at (703) 308-8760.
Attachments
cc: Dev Barnes
Section Chiefs, Regions I-X
Branch Chiefs, Regions I-X
State Program Liaisons
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OSWER DIRECTIVE NO. 9541.00-18
SPA 12
Summary for State Program Advisory Twelve
The following points briefly highlight the content of SPA 12. These points are organized by
topic.
Checklists
a. New
b. Existing
This SPA provides seven new checklists (Numbers 92 and 94 through 99)
covering RCRA regulatory changes for the period July 1, 1991 through
December 31, 1991. EPA will not be issuing Revision Checklist 93. Instead,
that rule has been consolidated into a single checklist (Revision Checklist 113)
with the two other rules (September 1, 1988; 53 FR 33938 and September 16,
1992; 57 FR 42832) also dealing with EPA's February 23, 1990, settlement
agreement with Chemical Waste Management Inc. That consolidated checklist
will be issued with SPA 14 and it (i.e., all the rules addressed by it) will be
considered due on the date (July 1, 1994) the September 16,1992 rule is due.
Further guidance regarding Consolidated Checklist 113 will be included with
SPA 14.
The checklists in SPA 12 address the following:
technical amendments to the Wood Preserving Listing and the Boiler
and Industrial Furnaces rules;
land disposal restrictions for electric arc furnace dust (K061);
corrections to the exports of hazardous waste requirements;
administrative stay for coke ovens; and
amendments to the interim standards for downgradient ground-water
monitoring well locations.
Revision Checklists 92, 94, 95, 96, 97, 98 and 99 are in RCRA Cluster II.
Revision Checklists 95, 97, and 98 contain HSWA provisions only; Revision
Checklist 99 contains only non-HSWA provisions; and Revision Checklists 92,
94 and 96 contain both.
SPA 12 includes a Consolidated Burning of Hazardous Waste in Boilers and
Industrial Furnaces Checklist updated through December 31, 1991, as well as a
similar consolidated checklist for the Wood Preserving Listings.
Revision Checklist 31 has been revised to include a prenote relating this
checklist to Revision Checklist 97, which changes the office to which the
SUM12 - 7-23-92
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OSWER DIRECTIVE NO. 9541.00-18
SPA 12
notification of intent to export and the annual report on export activities must be
sent. Revision Checklist 31 was also revised to include additional guidance
regarding how States should incorporate nondelegable portions of Parts 262,
263 and 264 relating to exports of hazardous waste.
Cluster Information
SPA 12 delineates timeframes by which States must obtain authorization for
RCRA Cluster II. The checklists in SPA 12 open this cluster. The due date is
July 1,1993 (July 1,1994 if a statutory change is necessary). For further
information on the Cluster Rule, see September 26, 1986 (51 FR 33712).
SAM
This SPA provides updated Tables G-1 and G-2, a Model Revision Attorney
General's Statement, a Model Consolidated Attorney General's Statement, and
a Checklist Linkage Table to insert into the SAM.
SUM 12 - 7-23-92
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OSWER DIRECTIVE NO. 9541.00-18
SPA 12
STATE PROGRAM ADVISORY #12
A. STATE PROGRAM CHANGES FOR JULY 1, 1991 - DECEMBER 31, 1991
1. Wood Preserving Listings: Technical Corrections
Date: July 1, 1991 Reference: 56 FR 30192-30198
Effective: July 1, 1991
Summary: These technical corrections amend a final rule promulgated December 6, 1990
(55 FR 50450; Revision Checklist 82) that added three categories of wastes generated
from wood preserving processes, F032, F034, and F035, to the list of hazardous wastes
from non-specific sources. A number of typographical errors are corrected, revisions in
wording are made to clarify the Agency's intent, and the Part 264, Subpart W section
numbering is corrected to correspond to that of Part 265, Subpart W.
State Authorization: Regulatory standards applicable to F032 are promulgated pursuant to
HSWA while standards applicable to F034 and F035 are promulgated pursuant to non-
HSWA provisions. The technical corrections will be included in RCRA Cluster II. States
are encouraged to adopt these technical corrections when the Revision Checklist 82
changes are adopted. If Revision Checklist 82's provisions have already been adopted,
States should adopt these technical corrections as soon as possible. Both interim and final
authorization for the HSWA provisions are available; interim authorization expires January
1, 2003. 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; they will not be applicable in authorized States 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 was promulgated under
HSWA authority.
The State modification deadline for these corrections is July 1, 1993 (or July 1, 1994 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 92, and associated State regulations.
(Note the listings for F032, F034 and F035 and the impermeability requirement for new drip
pads at 264.572(a)(4) and 265.443(a)(4) were administratively stayed at 56 FR 27332
(June 13, 1991; Revision Checklist 91).)
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 92 and its associated FR notice may
be found in Attachment A.
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OSWER DIRECTIVE NO. 9541.00-18
SPA 12
2. Liability Requirements: Technical Amendment
Date: July 1, 1991 Reference: 56 FR 30200
Effective: July 1, 1991
Summary: This final rule (which should be Revision Checklist 93) corrects errors made in
the September 1, 1988 (53 FR 33938; Revision Checklist 51) final rule affecting the liability
coverage requirements. In correcting omission errors in 264.147(a)(2) and 265.147(a)(2),
the Agency is satisfying part of the settlement agreement reached with Chemical Waste
Management, Inc. on February 23, 1990. The remaining regulatory amendments, required
by the settlement agreement, were made by a September 16, 1992 rule (57 FR 42832).
EPA has withheld developing checklists for the September 1, 1988 and the July 1, 1991
rules to encourage States to adopt at one time all of the changes resulting from the
settlement agreement. To this end, a checklist (Revision Checklist 113) has been
developed which consolidates the changes made by the September 1, 1988, the July 1,
1991 and the September 16, 1992 rules into one checklist which will be part of SPA 14.
The due date (July 1, 1994) for that checklist and all the rules it represents is determined
by the September 16, 1992 rule, rather than by the two earlier rules. EPA will not issue
separate checklists for the September 1, 1988 and July 1, 1991 rules. Further guidance
regarding Revision Checklist 113 will be provided with SPA 14.
3. Burning of Hazardous Waste in Boilers and Industrial Furnaces: Corrections and
Technical Amendments I
Date: July 17, 1991 Reference: 56 FR 32688-32886
Effective: August 21, 1991
Summary: On February 21, 1991 (56 FR 7134; Revision Checklist 85), EPA published a
final rule to regulate air emissions from the burning of hazardous waste in boilers and
industrial furnaces. This July 17, 1991 rule corrects numerous typographical and editorial
errors that appeared in the February 21, 1991 regulatory text, including corrections to
Appendices II and III. This rule also adds two appendices, Appendix IX and Appendix X to
Part 266, which were not ready when the February 21, 1991 rule was published. Although
the February 21, 1991 rule deleted Subpart D of Part 266 and replaced it with new
Subpart H, references to Subpart D at other locations in the CFR were inadvertently not
revised. The July 17, 1991 rule makes conforming corrections at §§261.6(a)(2),
261.6(a)(2)(ii), and 266.40(c) and (d).
State Authorization: The regulations addressed by this final rule typically do not make a
distinction between the various types of burning devices. However, the provisions in the
regulations as they apply to sludge dryers, carbon regeneration units, infrared incinerators,
and plasma arc incinerators are considered to be non-HSWA requirements, while the
regulations, as they apply to all other types of burning devices, are HSWA provisions.
EPA will implement the HSWA requirements in authorized States until the States modify
their programs and such modifications are approved by EPA. The non-HSWA requirements
are applicable only in those States that are unauthorized. In authorized States, the non-
HSWA requirements will not be applicable until the States revise their programs to adopt
equivalent requirements under State law.
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OSWER DIRECTIVE NO. 9541.00-18
SPA 12
This rule will be included in RCRA Cluster II. States may apply for either interim or final
authorization for the HSWA provisions; only final authorization is available for the non-
HSWA provisions. Interim authorizations expire January 1, 2003. The State modification
deadline is July 1, 1993 (or July 1, 1994 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 94, 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 94 and its associated FR notice may
be found in Attachment A.
4. Land Disposal Restrictions for Electric Arc Furnace Dust (K061)
Date: August 19, 1991 Reference: 56 FR 41164-41178
Effective: August 8, 1991
Summary: On August 17, 1988 (53 FR 31138; Revision Checklist 50), the EPA first
promulgated treatment standards for two nonwastewater subcategories of K061: the low
zinc subcategory (less than 15% total zinc) and the high zinc subcategory (equal to or
greater than 15% total zinc). This August 19, 1991 rule revises and finalizes treatment
standards under the land disposal restrictions (LDR) program for K061 nonwastewaters in
the high zinc subcategory. This rule also finalizes a generic exclusion from the derived-
from rule for K061 nonwastewater residues if: (1) they are generated from the high
temperature metals recovery (HTMR) process, (2) they meet the generic exclusion levels
for all constituents, (3) they are disposed of in a Subtitle D unit, and (4) they exhibit no
hazardous waste characteristic. Finally, this rule finalizes an exclusion from classification
as a solid waste under 261.4(a) for K061 HTMR splash condenser dross residue.
State Authorization: This is a HSWA rule and will be included in RCRA Cluster II. The
State modification deadline is July 1, 1993 (or July 1, 1994 if a State statutory change is
necessary). All changes go into effect immediately. Both interim and final authorization are
available; interim authorization expires July 1, 2003. The State revision application must
include a revised program description, an AG Statement addendum, an addendum to the
MOA (if appropriate), Revision Checklist 95, 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 95 and its associated FR notice may
be found in Attachment A.
TEXT12 - 10/18/93 |Prmt
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OSWER DIRECTIVE NO. 9541.00-18
SPA 12
5. Burning of Hazardous Waste in Boilers and Industrial Furnaces: Technical
Amendments II
Date: August 27, 1991 Reference: 56 FR 42504-42517
Effective: August 21, 1991
Summary: This Federal Register notice makes several technical amendments to the final
rule issued on February 21, 1991 (56 FR 7134, Revision Checklist 85) for boilers and
industrial furnaces burning hazardous waste. The technical amendments provide
clarification of the regulation and correct unintended consequences of the February 21,
1991 rule and add two new appendices, Appendix XI and Appendix XII, to Part 266. The
rule also corrects several errors in the technical corrections and amendments to the
February 21, 1991 rule published on July 17, 1991 (56 FR 32688, Revision Checklist 94).
State Authorization: This rule is promulgated pursuant to both HSWA and non-HSWA and
will be included in RCRA Cluster II. States may apply for either interim or final
authorization for the HSWA provisions; only final authorization is available for the non-
HSWA provisions. Interim authorizations expire January 1, 2003. The State modification
deadline is July 1, 1993 (or July 1, 1994 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 96, 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 96 and its associated FR notice may
be found in Attachment A.
6. Exports of Hazardous Waste: Technical Correction
Date: September 4, 1991 Reference: 56 FR 43704-43705
Effective: September 4, 1991
Summary: On August 8, 1986 (51 FR 28664; Revision Checklist 31), EPA promulgated a
final rule addressing exports of hazardous waste. Section 262.53 of these regulations
requires, among other things, that exporters send to EPA's Office of International Activities
advance written notification of their plans to export hazardous waste. Section 262.56
required that the annual reports regarding exports also must be sent to this same office.
In addition, a "note" at the conclusion of 270.10(e)(2) designates the Office of International
Activities as the recipient of export notifications required under 262.53. The technical
corrections addressed by this final rule provide that such notifications and annual reports
must henceforth be sent to EPA's Office of Waste Programs Enforcement because the
administrative responsibilities of the Office of International Activities have been transferred
to that office.
State Authorization: This rule is promulgated pursuant to HSWA and will be included in
RCRA Cluster II. The State modification deadline is July 1, 1993 (or July 1, 1994 if a
TEXT12 - 10/18/93 [Prints 10/18/93)
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OSWER DIRECTIVE NO. 9541.00-18
SPA 12
State statutory change is necessary). All changes go into effect immediately. Both interim
and final authorization are available. The State revision application must include a revised
program description, an AG Statement addendum, an addendum to the MOA (if
appropriate), Revision Checklist 97, 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 97 and its associated FR notice may
be found in Attachment A.
7. Coke Ovens Administrative Stay
Date: September 5, 1991 Reference: 56 FR 43874-43877
Effective: Aug ust 21, 1991
Summary: This Federal Register notice administratively stays the permitting standards for
boilers and industrial furnaces adopted pursuant to the February 21, 1991 (56 FR 7134;
Revision Checklist 85) final rule as it applies to coke ovens burning certain hazardous
wastes from the coke by-products recovery process. The primary effect of the stay is to
halt the application of industrial furnace standards to coke ovens when they reprocess non-
K087 hazardous wastes so that the Agency can evaluate comments on a pending
regulatory proposal. This proposal would exclude certain wastes from Subtitle C jurisdiction
when recycled by reprocessing in coke ovens. This means that on August 21, 1991, coke
ovens may continue to process residues from the byproducts recovery process that exhibit
the Toxicity Characteristic (TC) without the coke oven having to comply with the Boilers
and Industrial Furnaces (BIF) regulations.
State Authorization: This rule is promulgated pursuant to HSWA and will be included in
RCRA Cluster II. Because the administrative stay narrows the scope of existing
regulations, States are not required to adopt this change. As such, this checklist has been
designated as optional. If a State chooses to modify its program to adopt the BIF rule as
it applies to coke ovens, the modification deadline is July 1, 1993 (July 1, 1994 if a State
statutory change is required). The State revision application must include a revised
program description, an AG Statement addendum, an addendum to the MOA (if
appropriate), Revision Checklist 98, 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 98 and its associated FR notice may
be found in Attachment A.
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OSWER DIRECTIVE NO. 9541.00-18
SPA 12
8. Standards Applicable to Owners and Operators of Hazardous Waste Treatment,
Storage and Disposal Facilities: Liability Coverage
Date: September 23, 1991 Reference: 56 FR 47912
Summary: This notice corrects a Code of Federal Regulations (CFR) printing error made
to 265.147(a)(1)(i)&(ii). This rule does not affect authorization and, consequently, no
checklist was developed for it.
9. Amendments to Interim Status Standards for Downgradient Ground-Water
Monitoring Well Locations at Hazardous Waste Facilities
Date: December 23, 1991 Reference: 56 .FR 66365
Effective: June 23, 1992
Summary: This rule promulgates requirements which allow facilities to install alternate
ground-water monitoring wells in certain circumstances where existing physical obstacles
cannot be avoided. The owner/operator must demonstrate that the alternate location will
meet the criteria specified at 40 CFR 265.91 (a)(3). The demonstration must be certified by
a qualified ground-water scientist as defined in 40 CFR 260.10.
State Authorization: This rule was promulgated under non-HSWA authority and will not be
in effect in authorized states until those States become authorized for it. As these Federal
program changes are less stringent or reduce the scope of the Federal program, States are
not required to modify their programs. As such, this checklist is an optional checklist. This
rule will be included in RCRA Cluster II. The State modification deadline, for those States
choosing to adopt it, is July 1, 1993 (or July 1, 1994 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 99,
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 99 and its associated FR notice may
be found in Attachment A.
B. REVISIONS TO SAM
The addition of seven 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. 4-30) should replace pages 4 through
29 of SAM, Appendix G.
TEXT12 - 10/18/93 (Printed 10/18.931
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OSWER DIRECTIVE NO. 9541.00-18
SPA 12
The Revised Attorney General's Statement (pp. 9-54) should replace pages 9
through 53 of SAM, Appendix E. New entries were added at I V, I W, XI
E, XX D, and XXI H, and the following entries were revised: I Q, I R, II B,
XIV A, XV L, XVI W, XVI X, and XX C.
The Revised Checklist Linkage Table (pp. 3-7) should replace pages 3
through 6 of SAM, Appendix H.
One revised checklist-Revision Checklist 31-is also included in this SPA. A prenote was
added noting the linkage between this checklist and Revision Checklist 97. Guidance
regarding the non-delegable portions of this checklist was also added as a prenote.
C. CONSOLIDATED CHECKLISTS
Two consolidated checklists are included in this SPA and may be found in Attachment C.
1. The Consolidated Boilers and Industrial Furnaces Checklist
The Consolidated Boilers and Industrial Furnaces Checklist consolidates the following four
rules addressing Boilers and Industrial Furnaces that have been promulgated through
December 31, 1991.
56 FR 7134 (Revision Checklist 85);
56 FR 32688 (Revision Checklist 94);
56 FR 42504 (Revision Checklist 96); and
56 FR 43874 (Revision Checklist 98).
2. The Consolidated Wood Preserving Listings Checklist
The Consolidated Wood Preserving Listings Checklist includes three rules:
55 FR 50450 (Revision Checklist 82);
56 FR 27332 (Revision Checklist 91); and
56 FR 30192 (Revision Checklist 92).
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OSWER DIRECTIVE NO. 9541.00-18
ATTACHMENT A
New Revision Checklists and
Corresponding Federal Register Articles
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OSWER DIRECTIVE NO. 9541.00-18
SPA 12
RCRA REVISION CHECKLIST 92
Wood Preserving Listings; Technical Corrections
56 FR 30192-30198
July 1, 1991
(RCRA Cluster II, HSWA and Non-HSWA provisions)
Notes: 1) The rule addressed by this checklist makes technical corrections to the Wood
Preserving listing rule (55 FR 50450; December 6, 1990; Revision Checklist 82). States are
strongly encouraged to adopt these technical corrections at the same time the Revision Checklist
82 provisions are adopted. Those States that have already adopted the Revision Checklist 82
provisions should adopt Revision Checklist 92 as soon as possible.
2) Note that on June 13, 1991 (56 FR 27332), an administrative stay was published affecting the
December 6, 1990 (55 FR 50450; Revision Checklist 82) final rule. Because the Federal code
was changed, a checklist was developed, Revision Checklist 91. All of the changes addressed by
that checklist are optional.
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
EXCLUSIONS
redesignate
261 .4(a)(9) as
261.4(a)(9)(i); delete
"used and are" after
"been"; insert "are"
before "reused";
replace closing
"." with "; and"
add new paragraph
excluding waste-
waters from the wood
preserving process
that have been
reclaimed and are
reused to treat wood
261.4(a)(9Hi)
261 .4(a)(9)(ii)
July 1, 1991 - Page 1 of 10
CL92.12 • 8/26/91 (pnm»d:io/ia/93i
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OSWER DIRECTIVE NO. 9541.00-18
RCRA REVISION CHECKLIST 92: Wood Preserving Listings;
Technical corrections (cont'd)
SPA 12
FEDERAL REQUIREMENT
FEDERAL RCRA CITATION
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE I BROADER
STRINGENT I IN SCOPE
SUBPART D - LISTS OF HAZARDOUS WASTES
1 DELETION OF CERTAIN HAZARDOUS WASTE CODES FOLLOWING EQUIPMENT CLEANING
AND REPLACEMENT
generators must either
clean or replace all
specified process
equipment that may
have come into
contact with
chlorophenolic
formulations or
constituents
generators shall do
one of the followinq:
prepare and follow an
equipment cleaning
plan; clean equipment
in accordance with
261.35
prepare and follow an
equipment replace-
ment plan; replace
equipment in accor-
dance with 261.35
document cleaning
and replacement in
accordance with
261.35, carried out
after termination of
use of chlorophenolic
preservations
cleaninq requirements
prepare and sign a
written equipment
cleaning plan that
describes:
equipment
to be cleaned
how equipment
will be cleaned
261.35ft»
261.35ft»m
261.35(b)(1)(i)
261.35(b)(1)(ii)
261.35(b)(1)(iii)
261.35(b)(2)
261.35(b)(2)(i)
261.35(b)(2)(i)(A)
261.35ft>M2)(iMB)
July 1, 1991 - Page 2 of 10
CL92.12 - 8/26/91 [pnm.d 9/23/93]
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OSWER DIRECTIVE NO. 9541.00-18
RCRA REVISION CHECKLIST 92: Wood Preserving Listings;
Technical corrections (cont'd)
SPA 12
FEDERAL REQUIREMENT
solvent to be
used in cleaning
how solvent rinses
will be tested
how cleaning residues
will be disposed
equipment must be
cleaned as follows:
remove all visible
residues from process
equipment
rinse with appropriate
solvent until no dioxin
or dibenzofuran
detection in final
solvent rinse
analytical
requirements
test rinses as per
SW-846. Method 8290
"not detected"
defined
generator manages
cleaning process
residues as
F032 waste
replacement
requirements
prepare and sign
written equipment
replacement plan
that describes:
equipment
to be replaced
how equipment will
be replaced
how equipment will
be disposed
generator must
manage discarded
equipment as
F032 waste
documentation
requirements
FEDERAL RCRA CITATION
261.35(b)(2)(iUC)
261.35(b)(2)(i)(D)
261.35(b)(2)(i)(E)
261 .35(b)(2)(ii)
261 .35(b)(2)(ii)(A)
261 .35(b)(2)(iiHB)
261.35(b)(2)(iii)
261 .35(b)(2)(iii)(A)
261.35(b)(2)(iii)(B)
261 .35(b)(2)(iv)
261.35(b)(3)
261.35(b)(3)(i)
261 .35(b)(3)(iHA)
261.35(b)(3)(i)(B)
261 .35(b)(3)(i)(C)
261.35(bM3)(ii)
261 .35(b)(4)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
July 1, 1991 - Page 3 of 10
CL92.12 - 8/26/91 (primed:9/23/93]
-------
OSWER DIRECTIVE NO. 9541.00-18
RCRA REVISION CHECKLIST 92: Wood Preserving Listings;
Technical corrections (cont'd)
SPA 12
FEDERAL REQUIREMENT
document previous
equipment cleaning
and/or replacement
performed in
accordance with
261.35 and occurred
after cessation of
chlorophenolic
preservative use
FEDERAL RCRA CITATION
261.35(b)(4)(i)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
PART 262 - STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE
SUBPART C - PRE-TRANSPORT REQUIREMENTS
ACCUMULATION TIME
2 the waste is
placed:
in containers
and generator
complies with
Subpart I of
Part 265: and/or
in tanks
and generator
complies with
Subpart J of
Part 265, except
265.1 97(c) and
265.200; and/or
on drip pads
and generator
complies with
Subpart W of
Part 265 and main-
tains following
records at the
facility:
262.34(a)M)
262.34(a)M)(i)
262.34(a)(1)(ii)
262.34(a)(1)(iii)
July 1, 1991 - Page 4 of 10
CL92.12 - 8/26/91 (printed 9/23/93]
-------
OSWER DIRECTIVE NO. 9541.00-18
RCRA REVISION CHECKLIST 92: Wood Preserving Listings;
Technical corrections (cont'd)
SPA 12
FEDERAL REQUIREMENT
description of pro-
cedures to ensure all
wastes are removed
from drip pad and
associated collection
system at least once
every 90 davs
documentation of each
waste removal, inclu-
ding quantity, date
and time of removal;
generator exempt from
Subparts G and H of
Part 265, except
265.111 and 265.114
remove 262.34(a)(2)
as added by
55 FR 50450;
redesignate
262.34(a)(3) as
262.34(a)(2)
redesignate
262.34(a)(4) as
262.34(a)(3)
redesignate
262.34(a)(5) as
262.34(a)(4)
FEDERAL RCRA CITATION
262.34(a)(1)(iii)(A)
262.34(a)(1)(iii)(B)
262.34(a)(2)
262.34(a)(3)
262.34(a)(4)
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 W - DRIP PADS
APPLICABILITY
insert ", precipitation,
and/or surface water
run-on" after
"driDDaae"
change "§264.572(e)
or §264.572(f)"
to "§264.573(e)
or §264.573(fl"
264.570(a)
264.570(b)
July 1, 1991 - Page 5 of 10
CL92.12 - 8/26/91 |pnnt»d:9/23/93]
-------
OSWER DIRECTIVE NO. 9541.00-18
RCRA REVISION CHECKLIST 92: Wood Preserving Listings;
Technical corrections (cont'd)
SPA 12
FEDERAL REQUIREMENT
FEDERAL RCRA CITATION
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
ASSESSMENT OF EXISTING DRIP PAD INTEGRITY
change "264.572(b)"
to M264.573(b)" and
"264.572" to
"264.573" each time
they appear in this
oaraaraoh
5 change "264.572(b)"
to "264.573(b)"; add a
comma after "subpart"
in first sentence;
change "264.572" to
"264.573"
6 change "264.572" to
"264.573" in first and
last sentences; delete
"as" after "deadline";
change "264.572(b)"
to "264.573(b)"
insert "upgrades"
after "all"
change "264.572(m)n
to "264.573(m)";
change "264.574" to
"264.575"
264.571(a)
264.57Kb)
264.571(b)(3)
264.571 (c)
264.571 (d)
DESIGN AND INSTALLATION OF NEW DRIP PADS
redesignate
Section 264.575 as
Section 264.572;
change "264.572,
264.573 and 264.574"
to "264.573, 264.574
and 264.575"
264.572
DESIGN AND OPERATING REQUIREMENTS
redesignate old
Section 264.572 as
Section 264.573
no change was
made to these
suboaraaraohs
7 delete "of
installation, and
the stress"
264.573
264.573(a)(1)-(4)
264.573(a)(5)
July 1, 1991 - Page 6 of 10
CL92.12 - 8/26/91 (pnnied 9/23/93]
-------
OSWER DIRECTIVE NO. 9541.00-18
RCRA REVISION CHECKLIST 92: Wood Preserving Listings;
Technical corrections (cont'd)
SPA 12
FEDERAL REQUIREMENT
change "A drip pad"
to "A new drip pad or
an existing drip pad,
after the deadline
established in
§264.571 (b) of this
suboart,"
no change was
made to these
suboaraqraphs
no change was
made to these
suboaraqraohs
remove "and" after
the endinq semicolon
change the "."
at the end of the
requirement to "; and"
replace second
"run-on" with
"run-off"; delete
", or the drip pad is
protected by a struc-
ture or cover, as
described in
§264.570(b) of this
suboart"
replace "could lead
to" with "may have
caused"
replace "has led or
could lead to" with
"may have caused or
has caused"
replace "(m)(3)" with
"(mMIMiv)"
FEDERAL RCRA CITATION
264.573(b)
264.573(b)(1Hn-(iiO
264.573(b)(2)-
(b)(2)(i)(A)
264.573(b)(2)(i)(B)
264.573(b)(2)(ii)
264.573(6)
264.573(m)
264.573(m)m
264.573(m)(3)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
INSPECTIONS
redesignate old
Section 264.573
as Section 264.574
264.574
July 1, 1991 - Page 7 of 10
CL92.12 - 8/26/91 |pnnl«J 9/23/93]
-------
OSWER DIRECTIVE NO. 9541.00-18
RCRA REVISION CHECKLIST 92: Wood Preserving Listings;
Technical corrections (cont'd)
SPA 12
FEDERAL REQUIREMENT
change "264.572" to
"264.573"; insert a
comma between
"installation" and
"liners" in last
sentence
CLOSURE
redesignate old
Section 264.574 as
Section 264.575
change "practically"
after "contaminated
subsoils can be" to
"practicably"; change
"for the purposes of
closure" to "for the
purpose of closure"
change
"264.572(b)(1)M to
"264.573(b)(D"
FEDERAL RCRA CITATION
264.574(3)
264.575
264.575(b)
264.575(0(1)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
PART 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF
HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES
SUBPART W - DRIP PADS
APPLICABILITY
insert ", precipitation,
and/or surface water
run-on" after
"driDDaae"
265.440(3)
July 1, 1991 - Page 8 of 10
CL92.12 - 8/26/91 |prim»d-9/23/93]
-------
OSWER DIRECTIVE NO. 9541.00-18
RCRA REVISION CHECKLIST 92: Wood Preserving Listings;
Technical corrections (cont'd)
SPA 12
FEDERAL REQUIREMENT
FEDERAL RCRA CITATION
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE [ BROADER
STRINGENT | IN SCOPE
DESIGN AND OPERATING REQUIREMENTS
redesignate
265.443(b)(2)(ii) as
265.443(b)(2)(iii); add
new paragraph
265.443(b)(2)(ii)
regarding design and
operation to function
without clogging
through scheduled
drip pad closure
old
265.443(b)(2)(ii)
becomes
265.443(b)(2)(iii)
replace "could lead
to" with "may have
caused"
replace "has led or
could lead to" with
"may have caused or
has caused"
change the internal
reference
"265.443(m)(3)" to
"265.443(m)(1)(iv)"
265.443(b)(2)(ii)
265.443(b)(2)(iii)
265.443(m)
265.443(m)(1)
265.443(m)(3)
PART 270 - EPA ADMINISTERED PERMIT PROGRAMS:
THE HAZARDOUS WASTE PERMIT PROGRAM
SUBPART B - PERMIT APPLICATION
SPECIAL PART B INFORMATION REQUIREMENTS FOR DRIP PADS
8 redesignate the
Section 270.22
introduced at
55 FR 50450 as
Section 270.26
change "264.572"
to "264.573"
change "264.572"
to "264.573"
270.26
270.26(c)
270.26(c)(14)
July 1, 1991 - Page 9 of 10
CL92.12 - 8/26/91 [print»d:9^3/93l
-------
OSWER DIRECTIVE NO. 9541.00-18
RCRA REVISION CHECKLIST 92: Wood Preserving Listings;
Technical corrections (cont'd)
SPA 12
FEDERAL REQUIREMENT
change "264.571"
to "264.573"
change "264.573(a)"
to "264.575(3)"
FEDERAL RCRA CITATION
270.26(c)(15)
270.26(c)(16)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
1
8
Revision Checklist 82 originally introduced §261.35 into the code. This technical correction
makes extensive formatting and wording changes to 261.35(b). Thus, the Federal requirement
description summarizes the requirements rather than the changes.
Although the Federal Register for this technical correction contains the text of the introductory
paragraph of §262.34, i.e., 262.34(a), no revisions were made to this paragraph and, as such, it
has not been included in this checklist. Also, as this technical correction makes extensive
changes to this section of code, the Federal requirement description summarizes the
requirements rather than the changes.
By redesignating 262.34(a)(3) as 262.34(a)(2), the text of the previous 262.34{a)(2) is effectively
deleted. However, it is noted that most of that previous text has been incorporated into
262.34(a)(1) at 262.34(a)(1)(iii) and (iii)(A)-(B), also through this technical correction notice to the
wood preserving listing rule.
The entire text of Subpart W of Part 264 was printed in the Federal Register for this checklii^F
This was done to demonstrate the numeration of each citation following the redesignation of
sections to correspond with the order of the sections in Subpart W of Part 265. Numerous
paragraphs within the redesignated sections have had no revisions made to them; these
paragraphs have not been included in this checklist. Paragraphs that contain revisions, whether
revisions to the wording of the paragraphs or to internal references within the paragraphs
because of the renumbering, are addressed by this checklist.
Note that a typographical error occurs in the text of 264.571 (b) in the Federal Register for this
checklist; "in sufficient detail" should not be changed to "insufficient detail."
Note that a typographical error occurs in the text of 264.571 (b)(3) in the Federal Register for
this checklist; "leak detection systems" should not be changed to "lead detection systems."
Note that a typographical error occurs in the text of 264.573(a)(5) in the Federal Register for
this checklist; "daily perations" should be "daily operations" as introduced into the code by
Revision Checklist 82 (55 FJR 50450).
Note that the Boilers and Industrial Furnaces rule (56 FR 7134; February 21, 1991; Revision
Checklist 85) also placed its specific Part B information requirements at 270.22, inadvertently
displacing the wood preserving requirements.
July 1, 1991 - Page 10 of 10
CL92.12 • 8/26/91 [printed 10/!!/93|
-------
OSWER DIRECTIVE NO. 9541.00-18
SPA 12
Revision Checklist 93's Status
EPA will not be issuing Revision Checklist 93. Instead, the rule (July 1, 1991; 56 FR
30200} which that checklist would have addressed has been consolidated into a single
checklist (Revision Checklist 113) with the two other rules (September 1, 1988; 53 FR
33938 and September 16, 1992; 57 FR 42832) also dealing with EPA's February 23, 1990,
settlement agreement with Chemical Waste Management Inc. That consolidated checklist
will be issued with SPA 14 and it (i.e., all the rules addressed by it) will be considered due
on the date (July 1, 1994) the September 16, 1992 rule is due. Further guidance
regarding Consolidated Checklist 113 will be included with SPA 14.
DTEXT12 -7/23/92 (Primed 10/18/93)
-------
OSWER DIRECTIVE NO. 9541.00-18
SPA 12
RCRA REVISION CHECKLIST 94
Burning of Hazardous Waste in Boilers and Industrial Furnaces;
Corrections and Technical Amendments I
56 FR 32688-32852
July 17, 1991
(RCRA Cluster II, HSWA and non-HSWA provisions)
Note: 1) This checklist makes extensive technical corrections and provides technical
amendments to the February 21, 1991 (56 FR 7134; Revision Checklist 85) final rule. It also
adds two new appendices, Appendix IX and Appendix X, to the code. Technical corrections to
several sections (i.e., 266.1 04(a)(2), 266.1 07(d)(1)&(2) and 270.73(f)&(g)) of code were already
addressed in Revision Checklist 85. However, for completeness, these corrections are repeated in
this checklist and identified in the endnotes. On August 27, 1991 (56 FR 42504) the Agency
published a second technical amendment, which is addressed by Revision Checklist 96.
2) The regulations addressed by this checklist typically do not make a distinction between the
various types of burning devices. However, the provisions in the regulations as they apply to
sludge dryers, carbon regeneration units, infrared incinerators, and plasma arc incinerators are
considered to be non-HSWA requirements, while the regulations as they apply to all other types of
burning devices are HSWA provisions. EPA will implement the HSWA requirements in authorized
States until the States modify their programs and such modifications are approved by EPA. The
non-HSWA requirements are applicable only in those States without base authorization. In States
with base authorization, the non-HSWA requirements will not be applicable until the States revise
their programs to adopt equivalent requirements under State law.
3) EPA has adopted a format in the Federal Register where the designation of a citation beyond
a certain subparagraph is italicized. This format was not consistently used in the February 21 ,
1991 Federal Register (Revision Checklist 85). Subsequently, the July 17, 1991 Federal Register
(Revision Checklist 94) corrected several of the formatting errors found in the February 21, 1991
Federal Register. The EPA format is consistently used in both Revision Checklists 85 and 94.
Technical corrections which only address the italicizing format of a citation are not included in this
checklist. Such citations include 266.1 02(e)(6)(i)(B)(2), 266.1 02(e)(6)(ii)(B)(2),
266.103(b)(5)(i)(B)(f), 266.1 03(b)(5)(i)(B)(2), 266.1 03(b)(5)(ii)(B)(f), and 266.1 03(c)(7)(ii)(B)(2).
4) Because this checklist corrects numerous errors, States that are not authorized for Revision
Checklist 85 are strongly encouraged to adopt these present technical corrections/amendments
and the ones addressed by Revision Checklists 96, 111 and 114, as appropriate for the State's
schedule, at the same time the requirements addressed by Revision Checklist 85 are adopted.
States already authorized for the provisions addressed by Revision Checklist 85 should adopt the
Revision Checklist 94, 96, 111 and 114 technical corrections/amendments as soon as possible.
5) Note that on September 5, 1991 (56 FR 43874), an administrative stay was published affecting
the February 21, 1991 (56 FR 7134; Revision Checklist 85) final rule. Revision Checklist 98
addresses changes to the Federal code made by the September 5, 1991 final rule. The changes
addressed by that checklist are optional. However, the final rule addressed by Revision Checklist
105 (June 22, 1992; 57 FR 27880) removed the September 5, 1991 administrative stay. Thus
States should not adopt the administrative stay. States that have adopted the Coke Oven
Administrative Stay introduced by Revision Checklist 98 should either remove their analog to the
note that follows 266.100(a) or state in their regulations that this stay ends on June 22, 1992.
July 17, 1991 - Page 1 of 16 01.94.12-6/23/93
-------
OSWER DIRECTIVE NO. 9541.00-18
SPA 12
RCRA REVISION CHECKLIST 94: Burning of Hazardous Waste in Boilers and
Industrial Furnaces; Corrections and Technical Amendments (cont'd)
FEDERAL REQUIREMENT
FEDERAL RCRA CITATION
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV- I MORE I BROADER
ALENT I STRINGENT! IN SCOPE
PART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
SUBPART A - GENERAL
DEFINITION OF HAZARDOUS WASTE
2 replace
"261.6(a)(3)(v)
through (ix)" with
"261.6(a)(3)(v)
throuqh (viii)"
261.3(cM2)fliMB)
REQUIREMENTS FOR RECYCLABLE MATERIALS
replace the letter
"G" with "H"
replace "Subpart D"
with "Subpart H"
261.6(a)(2)
261.6(a)(2Hii)
PART 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF
HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SUBPART P - THERMAL TREATMENT
OTHER THERMAL TREATMENT
delete "."
at the end and
insert ", and Subpart H
of Part 266, if the
unit is a boiler or
an industrial furnace
as defined
in §260.10."
265.370
July 17, 1991 - Page 2 of 16
CL94.12 - 6/23/93 (Printed:W23*3|
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OSWER DIRECTIVE NO. 9541.00-18
RCRA REVISION CHECKLIST 94: Burning of Hazardous Waste in Boilers and
Industrial Furnaces; Corrections and Technical Amendments (cont'd)
SPA 12
FEDERAL REQUIREMENT
FEDERAL RCRA CITATION
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EOAJIV- MORE I BROADER
ALENT | STRINGENT \ IN SCOPE
PART 266 - STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES
AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES
SUBPART E - USED OIL BURNED FOR ENERGY RECOVERY
APPLICABILITY
3 replace "Subpart D
of Part 266" with
"Subpart H of
Part 266"
3 replace "Subpart D"
with "Subpart H"
266.40(c)
266.40(d)
SUBPART H - HAZARDOUS WASTE BURNED IN BOILERS AND INDUSTRIAL FURNACES
APPLICABILITY
replace the "." after
"recovery" with a ";"
replace "chapter."
with "chapter; and"
266.1 00(b)(2)
266.1 00(b)(3)
PERMIT STANDARDS FOR BURNERS
change "the
Evaluation of Solid
Waste" to "Evaluating
Solid Waste"
4 redesignate old
"(d)(4)(iii)(D)"
as "(d)(4Wv)"
insert "A" before
"samplina"
in heading, change
"parameters"
to "parameters"
change "means"
to "mean"
change "opeator"
to "operator"
266.1 02(b)(1)
266.1 02(d)(4)(iv)
266.1 02(e)(4)(i)(C)
266.1 02(e)(6)
266.1 02(e)(6)(i)(B)
<1)Ui)
266.1 02(e)(6)(ii)
July 17, 1991 - Page 3 of 16
CL94.12 - 6/23/93 [Print«d:9/23/93)
-------
OSWER DIRECTIVE NO. 9541.00-18
SPA 12
RCRA REVISION CHECKLIST 94: Burning of Hazardous Waste in Boilers and
Industrial Furnaces; Corrections and Technical Amendments (cont'd)
FEDERAL REQUIREMENT
5 remove "the most
recent" before "one
hour"; change
"averages" to
"average"; change
"average period" to
"averaging Deriod"
delete the comma
after "266.106(f)"
FEDERAL RCRA CITATION
266.1 02(e)(6)(ii)(B)
266.1 02(eH6)(iv)(B)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
INTERIM STATUS STANDARDS FOR BURNERS
insert "or" after
"facilities to burn"
insert "and"
before "thallium"
4 replace "(b)(ii)(A)"
with "(b)(2)(ii)(A)"
replace "(b)(ii)(B) or
(b)(ii)(C)" with
"(b)(2)(ii)(B) or
(b)(2)(ii)(C)"
change "paticulate"
to "oarticulate"
change "eqivalent" to
"equivalent"; replace
"." after "facility"
with ";"
change "HC1"
(number'T) to
"HCI" (letter "I")
replace ";" after
"streams" with ":"
change "meat"
to "meet"
5 remove "the most
recent" before
"one hour"
change "[the
effective date
of this rule]" to
"August 21. 1991"
266.1 03(a)m(ii)
266.1 03(b)(2)(ii)(A)
266.1 03(b)(2)(ii)(B)
266.1 03(b)(2)(ii)(D)
266.1 03tt»(2)(iv)
266.1 03(b)(2)(v)(A)
(5)
266.1 03(b)(2Hvi)
266.1 03(b)(3)(ii)
266.1 03(b)(5)(ii)(B)
266.1 03(b)(5)(ii)(B)
(2\
266.1 03(b)(6)
July 17, 1991 - Page 4 of 16
CL94.12 - 6/23/93 (Print* :
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OSWER DIRECTIVE NO. 9541.00-18
RCRA REVISION CHECKLIST 94: Burning of Hazardous Waste in Boilers and
Industrial Furnaces; Corrections and Technical Amendments (cont'd)
SPA 12
FEDERAL REQUIREMENT
delete "On or before
August 21, 1992" and
capitalize the "t" in
"the"; insert "on or
before August 21 ,
1992" after "Director"
add "and all
applicable emissions
standards"
after "limits"
change
"light-weighted"
to "liaht-weiaht"
replace ";" after "(e))"
with ":"
change "system" to
"systems"; replace
";" after "(e))"
with ":"
replace ";" after
"(e))" with ":"
change "test"
to "testina"
change "averge"
to "averaae"
remove "the most
recent" before
"one hour"
4 change the number
"(1)" after
"paragraph" to
the letter "(0"
replace "to" after
"waste burning" with
"only for purposes of
compliance testing
(and pretesting to
prepare for com-
pliance testing)"
insert "." after
"HCI/CI,"
change "or" after
"emissions" to "of"
FEDERAL RCRA CITATION
266.1 03(c)
266.1 03(c)m
266.1 03(c)(1)(iv)
266.1 03(c)(1)(ix)
266.1 03(c)(1)(xi)
266.1 03(c)(1)(xii)
266.1 03(c)(4)(i)(C)
266.1 03(c)(4)(ii)(B)
(5)
266.1 03{c)(4)(iv)(C)
(2)(ii)
266.1 03(c)(7)(0(A)
266.1 03(c)(7)(iHB)
266.1 03(c)(7)(ii)(B)
(Wi\
266.1 03(a)(1)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
July 17, 1991 - Page 5 of 16
CL94.12 • 6/23/93 (Printed 9/23/93)
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OSWER DIRECTIVE NO. 9541.00-18
SPA 12
RCRA REVISION CHECKLIST 94: Burning of Hazardous Waste in Boilers and
Industrial Furnaces; Corrections and Technical Amendments (cont'd)
FEDERAL REQUIREMENT
FEDERAL RCRA CITATION
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
STANDARDS TO CONTROL ORGANIC EMISSIONS
in equation, change
"d-wj/vv
to "1 - (W..7W,)"
4 change the "tetrra-,"
after "to burn than" to
"tetra-,"; change
"paragraph (a)"
to "oaraaraoh (a)(1)"
change "in Hazardous
Waste Incinerators,
Boilers, and Industrial
Furnaces" to "for
Incinerators, Boilers,
and Industrial
Furnaces Burning
Hazardous Waste"
add "Burning
Hazardous Waste"
after "Industrial
Furnaces";
insert "and" between
"CO" and "oxvaen"
insert "(PCDDs)" after
"Dibenzo-p-Dioxins";
replace "." at the end
of the sentence
with ";"•
replace "." at the end
of the sentence after
"TCDD" with ":"
6 insert "("
before "2.2"
change "conducts"
to "conduct"
4 designate paragraph
"(a)2." as "(a)(2)"
266.1 04(a)(1)
266.104(a)(3)
266.1 04(b)(2)
266.104(c)(3)
266.1 04(e)(1)
266.1 04(eM2)
266.104(e)(4)
266.1 04m(3)(iii)
266.1 04(a)(2)
STANDARDS TO CONTROL METALS EMISSIONS
change "Evaluation
Solid Waste" to
"Evaluating Solid
Waste"
266.106(a)
July 17, 1991 - Page 6 of 16
CL94.12 - 6/23/93 [Pmt»d:9/23/93]
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OSWER DIRECTIVE NO. 9541.00-18
RCRA REVISION CHECKLIST 94: Burning of Hazardous Waste in Boilers and
Industrial Furnaces; Corrections and Technical Amendments (cont'd)
SPA 12
FEDERAL REQUIREMENT
in the equation,
change "<1.0" to
"<1.0" and change
"numer" to "number"
insert "as defined
in §266.102(e)(6)(ii)"
between "hours" and
"with"
insert "shall be used"
at the end of the
sentence before the
period
in the equation,
change "K=physical
stack height (meters)"
to "H=physical stack
height (meters)";
change "K=stack gas
flow rate (m'/second)"
to "V=stack gas flow
rate (mYsecond)"
delete minus sign
"-" after "AER(i)"
in equation
revise equation as
indicated at
56 FR 32690,
correction 57
after "screening limit
for" change "each" to
"a" and "levels" to
"level'-
delete ";" after "metal"
in the introductory text
change "ratio"
to "ratios"
FEDERAL RCRA CITATION
266.1 06(b)(2)(i)
266.1 06(b)(2)(ii)(B)
266.1 06(b)(5)
266.1 06(b)(6)
266.1 06(C)(2)
266.1 06(d)(3)
266.106(6)
266.1 06(f)(2)(ii)
266.1 06(f)(2)(ii)(B)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
STANDARDS TO CONTROL HYDROGEN CHLORIDE (HCI) AND CHLORINE GAS (CI2)
EMISSIONS
change
"paragraphs (b), (c),
or (d)" to "paragraph
(b) or (c)"
266.107(a)
July 17, 1991 - Page 7 of 16
CL94.12 - 6/23/93 |Pr«i»d 9/23/93]
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OSWER DIRECTIVE NO. 9541.00-18
RCRA REVISION CHECKLIST 94: Burning of Hazardous Waste in Boilers and
Industrial Furnaces; Corrections and Technical Amendments (cont'd)
SPA 12
FEDERAL REQUIREMENT
change "screen"
in heading to
"screening"
change "screen"
to "screen inq"
4 change paragraph
designated as "(i)"
to "(1)"
4 change paragraph
designated as "(ii)"
to "(2)"
insert "limit" between
"screening" and
"provided"; change
"Appendix I"
to "Aooendix II"
after "compliance
with", change "his"
to "this"
FEDERAL RCRA CITATION
266.1 07(b)(2)
266.1 07(b)(3)
266.1 07(d)m
266.1 07(d)(2)
266.107(e)
266.1 07(h)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
SMALL QUANTITY ON-SITE BURNER EXEMPTION
change "Exemption"
in heading to
"Exempt"; change
"section" to "subpart"
in introductory text
insert "to" between
"10.0" and "11.9" in
first column of table
change "<1.0" to
"<1.0" in equation;
delete "," after
"Allowable
Quantity Burned"
266.108(a)
266.1 08(a)(1)
266.1 08(c)
LOW RISK WASTE EXEMPTION
change "of" after
"Director" to "on";
replace apostrophe
after "fuel" with an
end quotation mark
change reference
"(a)(iii)" to "(a)(2)(iii)"
266.1 09(a)(1)(i)
266.1 09(a)(2)(iv)
July 17, 1991 - Page 8 of 16
CL94.12 • 6/23/93
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OSWER DIRECTIVE NO. 9541.00-18
RCRA REVISION CHECKLIST 94: Burning of Hazardous Waste in Boilers and
Industrial Furnaces; Corrections and Technical Amendments (cont'd)
SPA 12
FEDERAL REQUIREMENT
change "componds"
to "compounds"
insert "or adjusted
Tier I" before "metals"
FEDERAL RCRA CITATION
266.1 09(a)(2)(iv)(A)
266.1 09(b)(2)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
WAIVER OF ORE TRIAL BURN FOR BOILERS
insert "the" between
"volatility of"
and "fuel"
266.1 10(1)8)
REGULATION OF RESIDUES
4 designate "266.122"
as "266.112"
266.112
APPENDIX I TO PART 266
TIER I AND TIER II FEED RATE AND EMISSIONS SCREENING LIMITS FOR METALS
in title to table,
change
"Carcinogenic" to
"Noncarcinoqenic"
move the first column
"Beryllium" under
"Values for use in
rural areas" to fifth
column under "Values
for use in urban
areas"; change
"9.6E+01" in second
column under "Arsenic
g/hr" for "Values for
use in urban areas"
for a Terrain adjusted
effective stack height
of 16 meters
to "9.6E-01"
change "4.3-01"
corresponding to
Terrain adjusted
effective stack
height (m) of 12
meters in the second
column to "4.3E-01"
Appendix I/Table I-A
Appendix I/Table I-D
Appendix I/Table I-E
July 17, 1991 - Page 9 of 16
CL94.12 - 6/23/93 (Printed:9/23/93|
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OSWER DIRECTIVE NO. 9541.00-18
RCRA REVISION CHECKLIST 94: Burning of Hazardous Waste in Boilers and
Industrial Furnaces; Corrections and Technical Amendments (cont'd)
SPA 12
STATE ANALM IS:
FEDERAL REQUIREMENT
FEDERAL RCRA CITATION
ANALOGOUS
STATE CITATION
EQUIV- I MORE BROADER
ALENT I STRINGENT I IN SCOPE
APPENDIX II TO PART 266
TIER I FEED RATE SCREENING LIMITS FOR TOTAL CHLORINE
replace Appendix II as
indicated at 56 FR
32690. correction 79
Appendix II
APPENDIX III TO PART 266
TIER II EMISSION RATE SCREENING LIMITS FOR FREE CHLORINE AND HYDROGEN
CHLORIDE
replace Appendix III
as indicated at 56 FR
32691, correction 80
Appendix III
APPENDIX IV TO PART 266
REFERENCE AIR CONCENTRATIONS
in first column of table
change "Methyl Ethyl
Katone" to "Methyl
Ethyl Ketone"; change
"Metyl Parathion" to
"Methvl Parathion"
Appendix IV
July 17, 1991 - Page 10 of 16
CL94.12 - 6/23/93 [Printed:9/2^3|
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OSWER DIRECTIVE NO. 9541.00-18
RCRA REVISION CHECKLIST 94: Burning of Hazardous Waste in Boilers and
Industrial Furnaces; Corrections and Technical Amendments (cont'd)
SPA 12
FEDERAL REQUIREMENT
FEDERAL RCRA CITATION
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-T MORE BROADER
ALENT | STRINGENT | IN SCOPE
APPENDIX VII TO PART 266
HEALTH-BASED LIMITS FOR EXCLUSION OF WASTE-DERIVED RESIDUES
change "(mg/kg)" to
"(mg/L)" in the
heading of the third
column in table
entitled "Metals-
TCLP Extract
Concentration Limits";
add the following
entry to the end
of the table:
Appendix VI I/
Metals Table
METALS--TCLP EXTRACT CONCENTRATION LIMITS
Constituent
CAS No.
Concentration
limits (mg/L)
Thallium
7440-28-0
7xE+00
July 17, 1991 - Page 11 of 16
CL94.12 • 6/23/93 (Printed :9«V93]
-------
OSWER DIRECTIVE NO. 9541.00-18
RCRA REVISION CHECKLIST 94: Burning of Hazardous Waste in Boilers and
Industrial Furnaces; Corrections and Technical Amendments (cont'd)
SPA 12
FEDERAL REQUIREMENT
delete 8 lines
beginning with
Thallium" and
ending with
'Thallium(l) sulfate"
from the table
entitled
"Nonmetals-Residue
Concentration Limits"
FEDERAL RCRA CITATION
Appendix VI I/
Nonmetals Table
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
APPENDIX VIII TO PART 266
POTENTIAL PICs FOR DETERMINATION OF EXCLUSION OF WASTE-DERIVED RESIDUES
change "reform" to
"chloroform" and
"robenzene" to
"chlorobenzene"
in the first column
of the table
Appendix VI 1 1/
PICs Table
APPENDIX IX TO PART 266
METHODS MANUAL FOR COMPLIANCE WITH THE BIF REEGULATIONS
7,8 Burning Hazardous
Waste in Boilers
and Industrial
Furnaces (see
56 FR 32692-32795)
Determination of
Enrichment Factor
(see 56 FR 32796)
ADDendix IX
Appendix A to
Appendix IX
-
APPENDIX X TO PART 266
GUIDELINE ON AIR QUALITY MODELS (REVISED)
Guideline on Air
Quality Models (see
56 FR 32796-32819)
Appendix X
July 17, 1991 - Page 12 of 16
CL94.12 - 6/23/93
-------
OSWER DIRECTIVE NO. 9541.00-18
RCRA REVISION CHECKLIST 94: Burning of Hazardous Waste in Boilers and
Industrial Furnaces; Corrections and Technical Amendments (cont'd)
SPA 12
FEDERAL REQUIREMENT
Summaries of
Preferred Air
Quality Models (see
56 FR 32819-32828)
Summaries of
Alternative Air
Quality Models (see
56 FR 32828-32849)
Example Air Quality
Analysis Checklist
(see
56 FR 32849-32852)
FEDERAL RCRA CITATION
Appendix A to
Appendix X
Appendix B to
Appendix X
Appendix C to
Appendix X
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
•MORE
STRINGENT
BROADER
IN SCOPE
PART 270 - EPA ADMINISTERED PERMIT PROGRAMS:
PERMIT PROGRAM
THE HAZARDOUS WASTE
SUBPART B - PERMIT APPLICATION
SPECIFIC PART B INFORMATION REQUIREMENTS FOR BOILERS AND INDUSTRIAL
FURNACES BURNING HAZARDOUS WASTE
change
"Methods for the
Evaluation of" to
"Methods for
Evaluatina"
change the reference
"(a)(1)(ii)(B)" to
"(aH2)(ii)(B)"
change "feestocks"
to "feedstocks"
change "trail" to
"trial"; before
"other compliance
tests" change
"from from"
to "from"
270.22(a)(2Hii)(B)
270.22(a)(2)(ii)(C)
270.22(a)(5)(vii)
270.22(a)(6)
July 17, 1991 - Page 13 of 16
CL94.12 - 6/23/93 |Print«d:9/23/93|
-------
OSWER DIRECTIVE NO. 9541.00-18
SPA 12
RCRA REVISION CHECKLIST 94: Burning of Hazardous Waste in Boilers and
Industrial Furnaces; Corrections and Technical Amendments (cont'd)
FEDERAL REQUIREMENT
change "minimze"
to "minimize"
FEDERAL RCRA CITATION
270.22(b)(1)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
SUBPART D - CHANGES TO PERMITS
9 PERMIT MODIFICATION AT THE REQUEST OF THE PERMITEE
replace "270.21" with
"270.22" and
"and 270.63" with
"270.63 and 270.66"
change "wates" to
"wastes"
change "effetive"
to "effective"
delete "In the case of
Classes 2 and 3
modifications,";
capitalize the "t"
in "the"; insert
"Class 2 or 3"
before
"modification"
in "L.5." replace
"." after
"requirements"
with ":"
270.42(c)(1)(iv)
270.42(a)(1)
270.42(a)(1)(i)
270.42(a)(1)(iv)
270.42/AoDendix I
SUBPART F - SPECIAL FORMS OF PERMITS
PERMITS FOR BOILERS AND INDUSTRIAL FURNACES BURNING HAZARDOUS WASTE
change "operation
readiness" to
"operational
readiness"
change "107" to
"266.107"
change "for the
Evaluation of Solid
Waste" to
"for Evaluating
Solid Waste"
270.66(b)(1)
270.66(b)(4)
270.66(c)(2)(i)
July 17, 1991 - Page 14 of 16
CL94.12 - 6/23/93 [Prmt»d 9/23/93]
-------
OSWER DIRECTIVE NO. 9541.00-18
RCRA REVISION CHECKLIST 94: Burning of Hazardous Waste in Boilers and
Industrial Furnaces; Corrections and Technical Amendments (cont'd)
SPA 12
FEDERAL REQUIREMENT
change "for the
Evaluation of Solid
Waste" to "for Evalua-
ting Solid Waste"
delete "and"
after "svstem(s);"
insert "air"
before "pollution"
replace "." after
"standard" with ";"
replace "is" after
"performance
standards" with "in"
FEDERAL RCRA CITATION
270.66(c)(2)(ii)
270.66(c)(3)(vi)
270.66(c)(3)(vii)
270.66(W3)
270.66(tt(8)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
"EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
SUBPART G - INTERIM STATUS
10 TERMINATION OF INTERIM STATUS
change "as" after
"which" to "has"
change "as" after
"which" to "has"
270.73(f)
270.73(a)
1
Revision Checklist 85 (February 21, 1991; 56 FR 7134) redesignated the old paragraph (d)(2)
as (d)(3) and introduced a new paragraph (d)(2) into the code. Revision Checklist 94 makes
technical corrections to the February 21, 1991 amendatory language for 261.2 and incorrectly
redesignates paragraph (d)(3) as (d)(4) and paragraph (d)(4) as (d)(5). The Federal code as of
February 21, 1991, did not include 261.2(d)(3) or 261.2(d)(4). The technical correction
addressed by Revision Checklist 96 (August 27, 1991; 56 FR 42504) fixes this error. The
amendatory language should be as originally stated in the February 21, 1991 Federal Register
at 56 FR 7206 (Revision Checklist 85) and should read: "Section 261.2 is amended by
redesignating paragraph (d)(2) as (d)(3) and adding new paragraph (d)(2) to read as follows:"
Note that the Federal Register addressed by this checklist references "261.3(c)(2)(ii)(8)." This is
a typographical error; the correct reference is "261.3(c)(2)(ii)(B)." See the technical correction at
56 FR 42512 (August 27, 1991; Revision Checklist 96).
Note that there is a typographical error in the July 17, 1991 Federal Register (56 FR 32692).
The "§266.4" in the heading should be "§266.40." See the technical correction at 56 FR 42512
(August 27, 1991; Revision Checklist 96).
July 17, 1991 - Page 15 of 16
CL94.12 • 6/23/93 [Printed9123193}
-------
OSWER DIRECTIVE NO. 9541.00-18
SPA 12
RCRA REVISION CHECKLIST 94: Burning of Hazardous Waste in Boilers and
Industrial Furnaces; Corrections and Technical Amendments (cont'd)
FEDERAL REQUIREMENT
FEDERAL RCRA CITATION
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
Note that this technical correction found in the July 17, 1991 Federal Register (56 FR 32688)
was addressed in Revision Checklist 85. However, it is included in this checklist for
completeness.
Note that the July 17, 1991 Federal Register italicized the subparagraph designation in order to
be consistent with the format in which the designation of a citation beyond a certain
subparagraph is italicized.
6 There is a typographical error in the July 17, 1991 Federal Register. The amendatory language
should read "insert a "(" between the words "a" and "before." See technical correction at 56 FR
42512 (August 27, 1991; Revision Checklist 96).
Note that the Federal Register addressed by this checklist has a typographical error at 56 FR
32786. In section 9.2, first bullet under paragraph "2", ">=;0.95" should be "<=0.95." See the
technical correction at 56 FR 42512 (August 27, 1991; Revision Checklist 96).
8 Note that the Federal Register addressed by this checklist has typographical errors at 56 FR
32786. In section 9.2, paragraph "3", the last sentence should read (corrections are underlined):
"Then for HCI, convert the chlorine emission rate to HCI by multiplying it by the ratio of the
molecular weight of HCI to the molecular weight of Cl (i.e., 36.5/35.5)." See the technical
correction at 56 FR 42512 (August 27, 1991; Revision Checklist 96).
Q
States only need to make these changes if they have adopted, or plan to adopt, the provisions
addressed by Revision Checklist 54 (53 FR 37912), because 270.42 is not required by 271.14
to be part of a State's permitting program.
10 Note that there is a typographical error in the July 17, 1991 Federal Register (56 FR 32692).
The "§270.33" in the heading should be "§270.73." See the technical correction at 56 FR
42512 (August 27, 1991; Revision Checklist 96).
July 17, 1991 - Page 16 of 16 0194.12-6/23/93
-------
OSWER DIRECTIVE NO. 9541.00-18
SPA 12
RCRA REVISION CHECKLIST 95
Land Disposal Restrictions for
Electric Arc Furnace Dust (K061)
56 FR 41164-41178
August 19, 1991
(RCRA Cluster II, HSWA Rule)
Note: This checklist revises and finalizes treatment standards for K061 nonwastewaters in the
high zinc subcategory originally regulated in the First Third Land Disposal Restrictions rule
addressed by Revision Checklist 50 (53 FR 31138; August 17, 1988). Other related checklists
include Revision Checklist 62 (54 FR 18836; May 2, 1989) and Revision Checklist 66 (54 FR
36967; September 6, 1989), as these two checklists amended and corrected Revision
Checklist 50.
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
DEFINITION OF HAZARDOUS WASTE
add new paragraph
which excludes as
hazardous waste
certain
nonwastewater
residues resulting
from high tempera-
ture metals recovery
processing of K061
waste; generic
exclusion levels;
testing requirements;
notification and
certification
requirements for
each shipment of
certain K061 HTMR
residues sent to a
subtitle D unit
261 .3(c)(2)(ii)(C)
August 19, 1991 - Page 1 of 3
CL95.12 - 12/20/91 [Pnnl«J 9/23/93]
-------
OSWER DIRECTIVE NO. 9541.00-18
RCRA REVISION CHECKLIST 95: Land Disposal Restrictions for
Electric Arc Furnace Dust (K061) (cont'd)
SPA 12
FEDERAL REQUIREMENT
FEDERAL RCRA CITATION
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
EXCLUSIONS
add new paragraph
which excludes
as solid waste
nonwastewater
splash condenser
dross residue from
the treatment of
K061 in high
temperature metals
recovery units,
provided it is
shipped in drums
(if shipped)
and not land
disposed before
recovery
261.4(a)(11)
PART 268 - LAND DISPOSAL RESTRICTIONS
SUBPART D - TREATMENT STANDARDS
TREATMENT STANDARDS EXPRESSED AS CONCENTRATIONS IN WASTE EXTRACT
in Table CCWE revise
entry for K061, high
zinc subcategory as
shown below (see
56 FR41177)
268.41 (a)/
Table CCWE
TABLE CCWE—CONSTITUTE CONCENTRATIONS IN WASTE EXTRACT
n/.. .- ~4- Commercial ct»«mieal <^. Mtft Regulated hazardm*
wasieeooe „,„, owaao con»ttuent
Barium _
BeryHium
Chromium (Total)
Lead
Mercury -...
Nickel _ _„
Selenium
Silver
Thallium ... ._
varwdkjm
wamwatwi
««..
(mi/LI ' •*>
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
Nonwastcwtten
*• (mg/L) Not**
21
0055
78
0014
0.19
033
037
0000
5
Ot«
03
oort
RMerwl
August 19, 1991 - Page 2 of 3
CL95.12 - 12/20/91 (Printed 9/2V93)
-------
OSWER DIRECTIVE NO. 9541.00-18
RCRA REVISION CHECKLIST 95: Land Disposal Restrictions for
Electric Arc Furnace Dust (K061) (cont'd)
SPA 12
FEDERAL REQUIREMENT
FEDERAL RCRA CITATION
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUlV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
at end of paragraph
add "except that
mixtures of high and
low zinc
nonwastewater K061
are subject to the
treatment standard
for hiah zinc K061"
268.4Kb)
TREATMENT STANDARDS EXPRESSED AS SPECIFIED TECHNOLOGIES
in Table 2 remove
entrv for K061
268.42(a)/Table 2
August 19, 1991 - Page 3 of 3
CL95.12 - 12/20/91 print* 9/23/93)
-------
OSWER DIRECTIVE NO. 9541.00-18
SPA 12
RCRA REVISION CHECKLIST 96
Burning of Hazardous Waste in
Boilers and Industrial Furnaces; Technical Amendments II
56 FR 42504-42517
August 27, 1991
(RCRA Cluster II, HSWA and non-HSWA provisions)
Notes: 1) The notice addressed by this checklist makes several technical amendments to the
final rule addressed by Revision Checklist 85 (56 FR 7134, February 21, 1991) and Revision
Checklist 94 (56 FR 32688, July 17, 1991). These revisions provide clarification and correct
unintended consequences of the Boilers and Industrial Furnaces (BIF) rule. This notice also adds
two new appendices, Appendix XI and Appendix XII, to the code. Technical corrections to several
sections (i.e., 261.2(d), 261.3(c)(2)(ii)(B), 266.103(a)(5)(i)(D), 266.103(b)(5)(i)(A) and Appendix IX to
Part 266) were already addressed in Revision Checklist 94. However, for completeness, these
corrections (except the incorrect referral to 261.3(c)(2)(ii)(8) instead of 261.3(c)(2)(ii)(B)) are
repeated in this checklist and identified in the endnotes. Technical corrections which address only
the italicizing format of a citation (266.102(e)(4)(ii)(C)(f), 266.102(e)(4)(ii)(C){2),
266.102(e)(4)(ii)(C)(3), 266.102(e)(4)(iii)(C)(7) and 266.102(e)(4)(iii)(C)(2)) are not included in this
checklist.
2) Note that the Federal Register for this rule corrects typographical errors in certain headings at
56 FR 32692 in the July 17, 1991 Federal Register (Revision Checklist 94) [i.e., the "§266.4" .
should be "§266.40", and the "§270.33" should be "§270.73"]. However, no additional changes
were made to the paragraphs by this rule, therefore they have not been included in this revision
checklist.
3) Note that on September 5, 1991 (56 FR 48874; Revision Checklist 98), an administrative stay
of the permitting standards as they apply to coke ovens burning certain hazardous wastes was
published affecting the February 21, 1991 (56 FR 7134; Revision Checklist 85) final rule. The
changes addressed by that checklist are optional. However, the final rule addressed by Revision
Checklist 105 (June 22, 1992; 57 FR 27880) removed the September 5, 1991 administrative stay.
4) States which are not authorized for Revision Checklists 85 and 94 are strongly encouraged to
adopt these present technical corrections and the ones addressed by Revision Checklists 111 and
114, as appropriate for the State's schedule, at the same time the requirements addressed by
Revision Checklists 85 and 94 are adopted. States already authorized for the provisions
addressed by Revision Checklists 85 and 94 should adopt the Revision Checklist 96, 111 and 114
technical corrections/amendments as soon as possible.
August 27, 1991 - Page 1 Of 20 CL96.12- 1/6/93 (Print*:i
-------
OSWER DIRECTIVE NO. 9541.00-18
SPA 12
RCRA REVISION CHECKLIST 96: Burning of Hazardous Waste in
Boilers and Industrial Furnaces; Technical Amendments (cont'd)
FEDERAL REQUIREMENT
FEDERAL RCRA CITATION
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE 1 BROADER
STRINGENT I IN SCOPE
PART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
SUBPART A - GENERAL
1 DEFINITION OF SOLID WASTE
at the end of
paragraph, add
exception for
brominated material
that meets certain
criteria
material must
contain a bromine
concentration of at
least 45%
material must
contain less than
a total of 1% of
toxic organic
compounds listed
in Appendix VIII
material is processed
continually on-site
in the halogen acid
furnace via direct
conveyance
261.2(d)(2)
261.2(dH2)(i)
261.2(d)(2)(ii)
261.2(d)(2)(iii)
August 27, 1991 - Page 2 of 20
CL96.12 - 1/6/93 (Print*)SRBai
-------
OSWER DIRECTIVE NO. 9541.00-18
RCRA REVISION CHECKLIST 96: Burning of Hazardous Waste in
Boilers and Industrial Furnaces; Technical Amendments (cont'd)
SPA 12
FEDERAL REQUIREMENT
FEDERAL RCRA CITATION
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-I MORE BROADER
ALENT STRINGENT IN SCOPE
PART 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF
HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SUBPART G - CLOSURE AND POST-CLOSURE
CLOSURE PLAN: AMENDMENT OF PLAN
remove introductory
clause; restructure
paragraph to create
(d)(2), (d)(2)(i) and
remove last sentence
replacing it with
"; or"; add (d)(2)(ii)
addressing provisions
for units meeting
265.11 3(d)
requirements
265.1 12(d)(2)
265.1 12(d)(2)(i)
265.1 12(d)(2Min
CLOSURE: TIME ALLOWED FOR CLOSURE
2 add text regarding
the final volume of
nonhazardous waste;
remove text
regarding the
90-day requirement
for a boiler or
industrial furnace
2 add text regarding
the final volume of
nonhazardous waste;
remove text
regarding the
90-day requirement
for a boiler or
industrial furnace
265.113(a)
265.1 13(b)
August 27, 1991 - Page 3 of 20
CL96.12 - 1/6/93 |Pnnt«d:9/23/93]
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OSWER DIRECTIVE NO. 9541.00-18
RCRA REVISION CHECKLIST 96: Burning of Hazardous Waste in
Boilers and Industrial Furnaces; Technical Amendments (cont'd)
SPA 12
FEDERAL REQUIREMENT
FEDERAL RCRA CITATION
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE 1 BROADER
STRINGENT I IN SCOPE
PART 266 - STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES
AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES
SUBPART H - HAZARDOUS WASTE BURNED IN BOILERS AND INDUSTRIAL FURNACES
APPLICABILITY
add "(f)" to
list of references in
the first sentence
add text restricting
exemption for metal
recovery furnaces and
subjecting an
owner or operator
of a lead or a
nickel-chromium
recovery furnace, or
certain metal
recovery furnaces
to 266.100(c)(3)
requirements
add text
regarding alternative
methods that meet
or exceed SW-846
method performance
capabilities; situation
where "best available
method" is used
266.100(a)
266.1 OO(c)d)
266.1 00(c)(1)(ii)
August 27, 1991 - Page 4 of 20
CL96.12 - 1/6/93 [Pnnl»d 9/23/93]
-------
OSWER DIRECTIVE NO. 9541.00-18
RCRA REVISION CHECKLIST 96: Burning of Hazardous Waste in
Boilers and Industrial Furnaces; Technical Amendments (cont'd)
SPA 12
FEDERAL REQUIREMENT
replace
"as-generated" with
"as-fired";
add additional
text regarding
the reduction of
organic compound
concentration
to the 500 ppm
limit by bona fide
treatment; blending
for dilution to meet
the 500 ppm limit
is prohibited;
retention of
documentation that
waste not
impermissibly
diluted in
records required by
266.1 00(c)(1)(iii)
replace
"as-generated" with
"as-fired";
add additional
text regarding
the reduction of
the heating value
to below 5,000 Btu/lb
by bona fide
treatment; blending
for dilution to meet
the 5,000 Btu/lb limit
is prohibited;
retention of
documentation that
waste not
impermissibly
diluted in
records required by
266.1 00(c)(1)(iii)
FEDERAL RCRA CITATION
266.1 00(c)(2)(i)
266.1 00(c)(2)(ii)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
August 27, 1991 - Page 5 of 20
CL96.12 - 1/6/93 |Pnnt«d:9/23/93)
-------
OSWER DIRECTIVE NO. 9541.00-18
RCRA REVISION CHECKLIST 96: Burning of Hazardous Waste in
Boilers and Industrial Furnaces; Technical Amendments (cont'd)
SPA 12
FEDERAL REQUIREMENT
add new paragraph
regarding requirements
for exemption
from 266.102
through 266.111 for
owner or operator
of certain
metal recovery
furnaces; written
notice to director;
266.1 00(c)(1)
compliance
exemption from
266.1 00(c)(1)
requirements for
hazardous wastes
listed in Appendices
XI and XII, Part 266,
and baghouse bags
used to capture
metallic dusts
emitted by steel
manufacturing,
provided:
waste contains
recoverable levels
of specified metals
waste does not
exhibit the Toxicity
Characteristic of
26 1.24 for an
organic constituent
waste is not a
hazardous waste
listed in Part 261
Subpart D because it
is listed for an
organic constituent
as identified in
Appendix VII of
Part 261
FEDERAL RCRA CITATION
266.1 00(cM3)
266.1 00(c)(3)(i)
266.1 00(c)(3)(i)(A)
266.1 00(c)(3)(i)(B)
266.1 00(c)(3Ki)(C)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
-
BROADER
IN SCOPE
August 27, 1991 - Page 6 of 20
CL96.12 - 1/6/93 (Printed 9/23/93]
-------
OSWER DIRECTIVE NO. 9541.00-18
RCRA REVISION CHECKLIST 96: Burning of Hazardous Waste in
Boilers and Industrial Furnaces; Technical Amendments (cont'd)
SPA 12
FEDERAL REQUIREMENT
certification by
owner or operator
under 266.100(c)(3)
regarding hazardous
waste; sampling and
analysis or other
information to assure
compliance; sampling
and analysis con-
ducted according to
266.1 00(c)(1)(ii);
maintain records to
document compliance
with (c)(3) for at
least three years
basis for
case-by-case
decisions regarding
toxic organic
constituents;
metal recovery
furnace subject to
Subpart H require-
ments after adequate
notice and
opportunity for
comment; factors
Director will
consider:
concentration and
toxicity of organic
constituents in the
material
level of destruction
of toxic constituents
provided by the
furnace
FEDERAL RCRA CITATION
266.1 00(cH3)(i)(D)
266.1 00(c)(3)(ii)
266.1 00(c)(3)(ii)(A)
266.1 00(cH3Kii)(B)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
'EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
August 27, 1991 - Page 7 of 20
CL96.12 - 1/6/93 (Pnnt»
-------
OSWER DIRECTIVE NO. 9541.00-18
RCRA REVISION CHECKLIST 96: Burning of Hazardous Waste in
Boilers and Industrial Furnaces; Technical Amendments (cont'd)
SPA 12
FEDERAL REQUIREMENT
acceptable ambient
levels established
in Appendices IV
or V exceeded for
any toxic organic
compound that may
be emitted based on
certain conditions
conditional exemption
from Subpart H
requirements for
owners or operators
of certain smelting,
melting, and refining
furnaces, except
for 266.1 12;
to be exempt from
266.101 through
266.111, an owner
or operator must:
provide a
one-time written
notice indicatinq:
owner or operator
claims 266.1 00(f)
exemption
hazardous waste is
burned for legitimate
recovery of
precious metal
compliance with
266.100(f) sampling
and analysis and
recordkeeping
requirements
sample and analyze
hazardous waste as
necessary using
specified procedures
maintain specified
records at facility for
at least three years
FEDERAL RCRA CITATION
266.1 00(c)(3Xii)(C)
266.100(f)
266.1 OO(f)d)
266.1 00(0(1 )(i)
266.1 oommoo
266.1 00(f)(1)(iii)
266.1 00(f)(2)
266.1 00(f)(3)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
August 27, 1991 - Page 8 of 20
CL96.12 - 1/6/93 |Pnm»
-------
OSWER DIRECTIVE NO. 9541.00-18
RCRA REVISION CHECKLIST 96: Burning of Hazardous Waste in
Boilers and Industrial Furnaces; Technical Amendments (cont'd)
SPA 12
FEDERAL REQUIREMENT
FEDERAL RCRA CITATION
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
tQUIV- MORE I BROADER
ALENT I STRINGENT I IN SCOPE
PERMIT STANDARDS FOR BURNERS
insert sentence
regarding alternative
methods and best
available method after
"...see §260.11 of
this chapter)."
replace "for not less
than three years" with
"until closure
of the facility"
266.1 02(b)(1)
266.1 02(e)(10)
INTERIM STATUS STANDARDS FOR BURNERS
replace "Hazardous
waste listed for
dioxin or derived from
any of the following
dioxin-listed wastes"
with "The following
hazardous waste
listed for dioxin and
hazardous waste
derived from any of
these wastes" at the
beginning of
paragraph
replace "and" after
"discharged" with "or"
4 change "(c)(7)(ii)"
to "(c)(5)"
266.1 03(a)(3)
266.1 03(aH5)
266.1 03(a)(5)(i)(D)
August 27, 1991 - Page 9 of 20
CL96.12 - 1/6/93 |Printed:9/23/93)
-------
OSWER DIRECTIVE NO. 9541.00-18
RCRA REVISION CHECKLIST 96: Burning of Hazardous Waste in
Boilers and Industrial Furnaces; Technical Amendments (cont'd)
SPA 12
FEDERAL REQUIREMENT
replace "as-generated"
with "as-fired"; remove
parentheses around
the phrase beginning
with "and so is..." and
add period at end of
phrase; insert text
regarding 1) the
reduction of the
concentration of
nonmetal compounds
to the 500 ppm limit
by bona fide treat-
ment, and 2) blending
for dilution to meet
the 500 ppm limit
prohibited;
retention of
documentation that
the waste has not
been impermissibly
diluted in
facility record
FEDERAL RCRA CITATION
266.1 03(a)(5Hii)(A)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
August 27, 1991 - Page 10 of 20
CL96.12 - 1/6/93 |Print»d:9/23/93|
-------
OSWER DIRECTIVE NO. 9541.00-18
RCRA REVISION CHECKLIST 96: Burning of Hazardous Waste in
Boilers and Industrial Furnaces; Technical Amendments (cont'd)
SPA 12
FEDERAL REQUIREMENT
remove "as-generated
or" before "as-fired";
remove parentheses
around the phrase
beginning with "and
so is..."; add text
regarding 1) the
reduction of
the heating value of
a waste as-generated
to below 5,000 Btu/lb
limit by bona fide
treatment, and 2)
blending to augment
heating value to meet
the 5,000 Btu/lb limit
prohibited;
retention of
documentation that
the waste has not
been impermissibly
blended in
facility record
FEDERAL RCRA CITATION
266.1 03(a)(5)(ii)(B)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
August 27, 1991 - Page 11 of 20
CL96.12 - 1/6/93 |Print*d:9/23/93]
-------
OSWER DIRECTIVE NO. 9541.00-18
RCRA REVISION CHECKLIST 96: Burning of Hazardous Waste in
Boilers and Industrial Furnaces; Technical Amendments (cont'd)
SPA 12
FEDERAL REQUIREMENT
restructure
paragraph by
breaking it into
(a)(6), and (a)(6)(i)-(iv)
and revising old
266.1 03(a)(6) as
follows: remove
verbiage between "not
feed hazardous
waste" and "that has
a heating value less";
revise rest of para-
graph after "5,000
Btu/lb; as generated"
by replacing it with
parenthetical phrase
addressing situation
where 5,000 Btu/lb
limit can be exceeded;
exceptions:
paragraphs as
indicated below
hazardous waste
burned solely as
an ingredient
hazardous waste
burned for purposes
of compliance testing
for a total period
of time not to
exceed 720 hours
waste burned if
Director has
documentation to
show that, prior
to Auaust 21, 1991:
boiler or industrial
furnace operating
under Part 265,
Subpart O or P
requirements
FEDERAL RCRA CITATION
266.1 03(a)(6)
266.1 03(a)(6)(i)
266.1 03(a)(6)(ii)
266.1 03(a)(6)(iii)
266.103(a)(6)(iii)(A)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
August 27, 1991 - Page 12 of 20
CL96.12 - 1/6/93 (Pnnt»d:9/23/93)
-------
OSWER DIRECTIVE NO. 9541.00-18
RCRA REVISION CHECKLIST 96: Burning of Hazardous Waste in
Boilers and Industrial Furnaces; Technical Amendments (cont'd)
SPA 12
FEDERAL REQUIREMENT
boiler or industrial
furnace met 270.70
interim status
eligibility
requirements for
Part 265, Subpart O
or Subpart P
hazardous waste
with a heating value
less than
5,000 Btu/lb
burned prior to
Auaust21. 1991
such waste burned
in halogen acid
furnace if waste
burned as an
excluded ingredient
under 261.2(e) prior
to February 21, 1991
and documentation
kept on file
insert "and recorded"
after "monitored"
remove "operating"
before "record";
insert "records and"
before "locations"
insert "The
administrative record
kept by the" before
"Agency" at the
beginning of the
paragraph
insert "The BIF
correspondence file
kept at" before
"The facility";
add sentence
specifying what the
correspondence file
must include
FEDERAL RCRA CITATION
266.1 03(a)(6)(iii)(B)
266.1 03(a)(6)(iii)(C)
266.103(a)(6)(iv)
266.1 03(b)(5)(iHA)
266.1 03(b)(6)(viii)
266.1 03(b)(6)(viii)(A)
266.1 03(b)(6)(viii)(B)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
August 27, 1991 - Page 13 of 20
CL96.12 - 1/6/93 |Print«d:9«3/93]
-------
OSWER DIRECTIVE NO. 9541.00-18
RCRA REVISION CHECKLIST 96: Burning of Hazardous Waste in
Boilers and Industrial Furnaces; Technical Amendments (cont'd)
SPA 12
FEDERAL REQUIREMENT
insert
"and the applicable
emissions standards
of §§ 266.104(b)
through (e), 266.105,
266.106, 266.107, and
266.103(a)(5)(i)(D)H
after "operating
limits";
remove "until an
operating permit
is issued" from the
end of the paraaraph
at end add text
regarding
case-by-case
approval to use
compliance test data
from one unit in lieu
of testing a similar
on-site unit;
information required
to support owner or
operator request;
approval based on
meeting 266.103(c)
requirements
add text
regarding criteria
for compliance with
266.103(1),
265.1 12(d)(2) and
265.113 provisions
replace "for a period
of three years" with
"until closure of the
boiler or industrial
furnace unit"
FEDERAL RCRA CITATION
266.103(0(1)
266.1 03(c)(3)(i)
266.103(e)
266.1 03(k)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
' MORE
STRINGENT
BROADER
IN SCOPE
STANDARDS TO CONTROL ORGANIC EMISSIONS
5 insert "("
before "2.2"
266.1 04(e)(4)
August 27, 1991 - Page 14 of 20
CL96.12 • 1/6/93 |Print»d:9/23/931
-------
OSWER DIRECTIVE NO. 9541.00-1 8
RCRA REVISION CHECKLIST 96: Burning of Hazardous Waste in
Boilers and Industrial Furnaces; Technical Amendments (cont'd)
SPA 12
FEDERAL REQUIREMENT
FEDERAL RCRA CITATION
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
SMALL QUANTITY ON-SITE BURNER EXEMPTION
replace
"volume basis" with
"total heat input
or mass input basis,
whichever results
in the lower mass
feed rate of
hazardous waste"
266.1 08(a)(2)
LOW RISK WASTE EXEMPTION
replace "of" after
"Director" with "on";
replace "volume input"
with "mass input";
replace
"larger volume"
with "greater mass
feed rate"
266.1 09(a)(1)(i)
WAIVER OF DRE TRIAL BURN FOR BOILERS
replace "the boiler"
with "the device";
replace "volume input"
with "mass input";
replace "larger
volume" with "greater
mass feed rate"
266.110(a)
STANDARDS FOR DIRECT TRANSFER
add text regarding
compliance with
specified
maintenance and
protective distances
requirements in lieu
of 265.176
requirements;
written certification
by local Fire Marshall
to be kept on file
266.1 11(d)(2)
August 27, 1991 - Page 15 of 20
CL96.12 - 1/6/93 [Pnnt»d:9/23/93l
-------
OSWER DIRECTIVE NO. 9541.00-18
RCRA REVISION CHECKLIST 96: Burning of Hazardous Waste in
Boilers and Industrial Furnaces; Technical Amendments (cont'd)
SPA 12
FEDERAL REQUIREMENT
FEDERAL RCRA CITATION
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
REGULATION OF RESIDUES
replace existing
paragraph with
"Boilers must burn
at least 50% coal on
a total heat input or
mass input basis,
whichever results in
the greater mass
feed rate of coal;"
replace
"composite samples"
with "samples
representing a
minimum of 10 days
of operation";
add sentence
regarding compositing
period not to exceed
24 hours; replace
"The upper 95%
confidence level
about the mean" in
second sentence
with "The upper
tolerance limit (at
95% confidence with
a 95% proportion of
the sample
distribution)";
replace "upper 95%
confidence level
about the mean" in
last sentence with
"upper tolerance
limit"
266.1 12(a)(1)
266.1 12(b)(1)(i)
August 27, 1991 - Page 16 of 20
CL96.12 - 1/6/93 |Pnm«d 9/53/93]
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OSWER DIRECTIVE NO. 9541.00-18
RCRA REVISION CHECKLIST 96: Burning of Hazardous Waste in
Boilers and Industrial Furnaces; Technical Amendments (cont'd)
SPA 12
FEDERAL REQUIREMENT
replace existing
paragraph with
new paragraph
regarding sampling
and analysis of
waste-derived residue
to determine whether
residue generated
during each 24-hour
period has concen-
trations of toxic
constituents higher
than 266.1 12(b)(1)(i)
normal residue
concentrations;
if so, residue not ex-
cluded from definition
of hazardous waste;
toxic constituent
concentrations based
on analysis of
samples obtained over
24-hour period; for
multiple samples,
concentration of toxic
constituent is arith-
metic mean; no results
may be disreqarded
FEDERAL RCRA CITATION
266.1 12(b)(1)(ii)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
August 27, 1991 - Page 17 of 20
CL96.12 - 1/6/93 |PnnI«d 9/23/93]
-------
OSWER DIRECTIVE NO. 9541.00-18
SPA 12
RCRA REVISION CHECKLIST 96: Burning of Hazardous Waste in
Boilers and Industrial Furnaces; Technical Amendments (cont'd)
FEDERAL REQUIREMENT
add new paragraph
regarding sampling
and analysis of waste-
derived residue to
determine whether
residue generated
during each 24-hour
period has concentra-
tions of toxic consti-
tuents higher than
health-based levels;
determination of toxic
concentrations based
on analysis of one or
more samples
obtained over 24-hour
period; for multiple
samples, concentration
of toxic constituent is
arithmetic mean of
concentrations in
samples; no results
mav be disregarded
replace "must" with
"shall"; replace "for
a period of three
years" with "until
closure of the
boiler or industrial
furnace unit"
FEDERAL RCRA CITATION
266.1 12(b)(2)(iii)
266.112(c)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
APPENDIX IX TO PART 266
METHODS MANUAL FOR COMPLIANCE WITH THE BIF REGULATIONS
replace section 7.0,
"Statistical
Methodology for
Bevill Residue
Determinations,"
with new text
given at
56 FR 42516 & 42517
Appendix IX/
Section 7.0
August 27, 1991 - Page 18 of 20
CL96.12 - 1/6/93 |Pn«»d 9/23/93|
-------
OSWER DIRECTIVE NO. 9541.00-18
RCRA REVISION CHECKLIST 96: Burning of Hazardous Waste in
Boilers and Industrial Furnaces; Technical Amendments (cont'd)
SPA 12
FEDERAL REQUIREMENT
change ">0.95" to
"<0.95" in section
9.2, first
bullet under para-
graph "2"; in section
9.2, paragraph "3",
change the ending
phrase of the last
sentence to "ratio
of the molecular
weight of HCI to the
molecular weight of
Cl (i.e., 36.5/35.5)"
FEDERAL RCRA CITATION
Appendix IX/
Section 9.2
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
APPENDIX XI TO PART 266
LEAD-BEARING MATERIALS THAT MAY BE PROCESSED IN EXEMPT LEAD SMELTERS
add new appendix
addressing lead-bearing
materials that
may be processed
in exempt lead
smelters, see
56 FR 42517
Appendix XI
APPENDIX XII TO PART 266
NICKEL OR CHROMIUM-BEARING MATERIALS THAT MAY BE PROCESSED IN EXEMPT
NICKEL-CHROMIUM RECOVERY FURNACES
add new appendix
addressing nickel or
chromium-bearing
materials that may be
processed in exempt
nickel-chromium
recovery furnaces,
see 56 FR 42517
Appendix XII
1
Revision Checklist 85 (February 21, 1991; 56 FR 7134) redesignated the old paragraph (d)(2)
as (d)(3) and introduced a new paragraph (d)(2) into the code. Revision Checklist 94 (July 17,
1991; 56 FR 32688) made technical corrections to the February 21, 1991 amendatory language
August 27, 1991 - Page 19 of 20
CL96.12 - 1/6/93 |Print«d:9/2:V93]
-------
SPA 12
RCRA REVISION CHECKLIST 96: Burning of Hazardous Waste in
Boilers and Industrial Furnaces; Technical Amendments (cont'd)
STATE ANALO<5 IS:
ANALOGOUS EQUIV- MORE BROADER
FEDERAL REQUIREMENT | FEDERAL RCRA CITATION | STATE CITATION | ALENT | STRINGENT I IN SCOPE
for 261.2 and incorrectly redesignated paragraph (d)(3) as (d)(4) and paragraph (d)(4) as (d)(5).
The Federal code as of February 21, 1991, did not include 261.2(d)(3) or 261.2(d){4). The
technical correction addressed by Revision Checklist 96 (August 27, 1991; 56 FR 42504) fixes
this error.
Note that the technical corrections addressed by the August 27, 1991 Federal Register for this
rule reverse the corrections made by the February 21, 1991 notice (56 FR 7134; Revision
Checklist 85). The August 27, 1991 language is the same as the language in the July 1990
CFR. Thus, effectively the technical corrections addressed by Revision Checklist 85 for these
citations have been nullified by this checklist.
3
Note that there is a typographical error in the August 27, 1991 Federal Register (Revision
Checklist 96; 56 FR 42504). The reference to "261.111" should be "266.111." Revision
Checklist 111 (57 FR 38558; August 25, 1992) fixes this error.
Note that the technical correction for this citation can be found in the August 27, 1991 Federal
Register (56 FR 42504) on page 42512, first column, section II (the fourth paragraph under the
Part 270 technical corrections). In the Federal Register, section II appears to be part of the
Part 270 corrections; this is incorrect, and makes this technical correction very difficult to fino^
The technical correction found in the August 27, 1991 Federal register was addressed in (
Revision Checklist 85. However, it is included in this checklist for completeness.
Note that there was an error in the July 17, 1991 Federal Register (56 FR 32688) addressed by
Revision Checklist 94. On page 32689, the instructions for correction 48 under 266.104 omits a
parenthesis, ")", after "insert a"; the correction should read "On page 7221, second column, in §
266.104(e)(4), line 6, insert a X before "2.2". The error, which was corrected in the August 27,
1991 Federal register (see correction 2, page 56 FR 42512, column 1), was addressed in
Revision Checklist 94. However, it is included in Revision Checklist 96 for completeness.
August 27, 1991 - Page 20 of 20 cise.ia -1/6/93 \P™\«I 10/1*931
-------
OSWER DIRECTIVE NO. 9541.00-18
SPA 12
RCRA REVISION CHECKLIST 97
Exports of Hazardous Waste; Technical Correction
56 FR 43704-43705
September 4, 1991
(RCRA Cluster II, HSWA provisions)
Note: This Revision Checklist amends §262.53 and §262.56 originally introduced into the code by
Revision Checklist 31 (August 8, 1986; 51 FR 28664), by changing the office to which notifications
of export activities and annual export reports must be sent.
FEDERAL REQUIREMENT
FEDERAL RCRA CITATION
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
PART 262 - STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE
SUBPART E - EXPORTS OF HAZARDOUS WASTE
NOTIFICATION OF INTENT TO EXPORT
replace "Office of
International
Activities (A-106),
EPA" with "Office
of Waste Programs
Enforcement, RCRA
Enforcement Division
(OS-520),
Environmental
Protection Aaencv"
replace "Office of
International
Activities (A-106)"
with "Office of Waste
Programs Enforce-
ment, RCRA Enforce-
ment Division
(OS-520),
Environmental
Protection Aqencv"
262.53(b)
262.56(b)
September 4, 1991 - Page 1 of 1
CL97.12- 10/28/91
-------
OSWER DIRECTIVE NO. 9541.00-18
SPA 12
RCRA REVISION CHECKLIST 98
Coke Ovens Administrative Stay
56 FR 43874-43877
September 5, 1991
(RCRA Cluster II, HSWA provisions)
Note: This Revision Checklist addresses an administrative stay of the permitting standards for
boilers and industrial furnaces (BIFs) adopted pursuant to the February 21, 1991 (56 FR 7134;
Revision Checklist 85)1 final rule as it applies to coke ovens burning certain hazardous wastes
from the coke by-products recovery process. The primary effect of the stay is to halt the
application of industrial furnace standards to coke ovens when they reprocess non-K087
hazardous wastes while the Agency can evaluate comments on a pending regulatory proposal to
exclude certain wastes from Subtitle C jurisdiction when recycled by reprocessing in coke ovens.
This means that on August 21, 1991, coke ovens may continue to process residues from the by-
products recovery process that exhibit the TC without the coke oven having to comply with the
BIF regulations. The effects of the administrative stay are uniform in all States, as the BIF rule is
based on HSWA authority. The Agency encourages States to follow deferring the effective date of
the BIF rule for coke ovens as is announced in this stay. However, States may elect to
implement the BIF rule with an earlier effective date than specified in this stay, as a matter of
State law. Because this stay makes existing Federal requirements less stringent, Revision
Checklist 98 is optional.
Special note: On June 22, 1992, the Federal Register published a final rule (57 FR 27880;
Revision Checklist 105) which removed the September 5, 1991 administrative stay. Thus, States
that wish to adopt Revision Checklist 98 should either not add the note after 266.100(a) or state
in their regulations that the stay ends on June 22, 1992.
1Note this rule references 56 FR 7206 rather than 56 FR 7134. The FR is referencing
the page in the BIF rule where this change occurred rather than the first page of the BIF
rule.
September 5, 1991 - Page 1 of 2 00193.12 - 4/20/92 iPr,m«j-10/10931
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OSWER DIRECTIVE NO. 9541.00-18
SPA 12
RCRA REVISION CHECKLIST 98: Burning of Hazardous Waste in
Boilers and Industrial Furnaces;
Administrative Stay of Applicability and Technical Amendment (cont'd)
FEDERAL REQUIREMENT
FEDERAL RCRA CITATION
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
PART 266 - STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES
AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES
SUBPART H - HAZARDOUS WASTE BURNED IN BOILERS AND INDUSTRIAL FURNACES
t,1 APPLICABILITY
replace "(c), (d)
and (f)" with
"(c) and (d)";
remove "operating"
before "permit"; add
note stating the pro-
vision does not apply
to coke ovens
processing coke by-
products wastes ex-
hibiting the Toxicity
Characteristic identi-
fied in 261.24 pending
completion of
proposed July 26,
1991 rulemakina
266.100(a)
Note the replacement of "(c), (d) and (f)" with "(c) and (d)" is an error. The reference should
remain as "(c), (d) and (f)." This will be addressed by a technical correction in the near
future.
September 5, 1991 - Page 2 of 2
00198.12 - 4/20/92
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OSWER DIRECTIVE NO. 9541.00-18
SPA 12
RCRA REVISION CHECKLIST 99
Amendments to Interim Status Standards
for Downgradient Ground-Water Monitoring Well Locations
56 FR 66365-66369
December 23, 1991
(RCRA Cluster II, Non-HSWA)
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
t DEFINITIONS
"qualified ground-
water scientist"
260.10
PART 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF
HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SUBPART F - GROUND-WATER MONITORING
t GROUND-WATER MONITORING SYSTEM
demonstrate alternate
hydraulically down-
gradient monitoring
well location will meet
alternate criteria;
in writing and kept at
facility; certified by
qualified ground-water
scientist and establish:
existing physical
obstacle prevents
monitoring well
installation at
hydraulically
downgradient limit
of the waste
management area
265.91 (a)(3)
265.91 (a)(3)(i)
December 23, 1991 - Page 1 of 2
CL99.12 - 1/29/92
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OSWER DIRECTIVE NO. 9541.00-18
SPA 12
RCRA REVISION CHECKLIST 99: Amendments to Interim Status Standards
for Downgradient Ground-Water Monitoring Well Locations (cont'd)
FEDERAL REQUIREMENT
selected alternate
downgradient location
is as close to limit of
waste management
area as practical
location ensures
detection that, given
alternate location, is
as early as possible
of any statistically
significant amounts
of hazardous waste
or constituents
that migrate from
the waste
management area
to uppermost aquifer
lateral expansion,
new or replacement
units not eligible for
an alternate
downgradient
location
FEDERAL RCRA CITATION
265.91 (a)(3)(ii)
265.9 KaHSHiii)
265.91 (a)(3)(iv)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
December 23, 1991 - Page 2 of 2
CL99.12 - 1/29/92 [Printed :9/2»93|
-------
OSWER DIRECTIVE NO. 9541.00-18
ATTACHMENT B
Updates to the
State Authorization Manual (SAM)
-------
OSWER DIRECTIVE NO. 9541.00-18
Revision Checklist 31
The following version of Revision Checklist 31
should replace the current version
of this checklist in SAM Appendix J
-------
OSWER DIRECTIVE NO. 9541.00-18
SPA 12
RCRA REVISION CHECKLIST 31
Exports of Hazardous Waste
51 FR 28664-28686
August 8, 1986
(HSWA Cluster I)
Special notes: 1) States cannot assume the authority for the following aspects of regulating
hazardous waste exports: a) receive notifications of intent to export, b) transmit information,
regarding intent to export, to foreign countries through the Department of State, and c) transmit
acknowledgement of consent to the exporter.
EPA feels that foreign policy interests and exporters' interest in expeditious processing are better
served by the Agency retaining these functions. The Department of State would have only a
single point of contact in administering the export program, allowing for uniformity and expeditious
transmission of information between the United States and foreign countries. For a discussion of
these issues, see 51 FR 28678, August 8, 1986.
These restrictions on State Authority have implications when a state adopts the 40 CFR 262.50
through 262.57 provisions. Complete guidance may be found in Appendix J. Briefly:
"EPA," "Agency" and Administrator," should remain and should not be substituted
with the State's analogous terms.
"EPA Acknowledgement of Consent," should remain "EPA Acknowledgement of
Consent."
At 40 CFR 262.53(b), 262.54(g)(1), 262.55 and 262.56(a)&(b)-the notification of
intent to export, notification of a change in the original consignee, exception reports
and the annual exporter reports must be sent to the specified office within EPA.
The State can request that copies also be sent to it.
At 40 CFR 262.54(i) and 263.20(g)(4), a copy of the manifest must be delivered to
the U.S. customs official at the point the hazardous materials leaves the U.S.
States can request a copy.
At 264.12(a), the notification must be sent to the EPA Regional Administrator.
(Note, this provision is not addressed by Revision Checklist 31.)
2) Hazardous wastes, identified or listed by the State as part of its authorized program which are
broader in scope (not in the Federal universe), are not subject to the export regulations.
3) EPA moved the farmer exemption from §262.50 to §262.70 in this checklist. However, the
Agency failed to modify a number of other sections in the CFR which refer to the farmer
exemption by section. This is subsequently corrected in Revision Checklist 48 (53 FR 27164, July
19, 1988). States are encouraged to simultaneously modify their code to reflect both the
modification of the farmer exemption addressed by this checklist and the technical corrections
addressed in Checklist 48.
August 8, 1986 - Page 1 of 6 0131.12 - 7/23/92
-------
OSWER DIRECTIVE NO. 9541.00-18
RCRA REVISION CHECKLIST 31: Exports of Hazardous Waste (cont'd)
SPA 12
4) On September 4, 1991 (56 FR 43704; Revision Checklist 97) a technical correction was
published that changed the Office to which the notification of intent to export and the annual
report on export activities must be sent. States that have not yet adopted Revision Checklist 31
are strongly encouraged to adopt those technical corrections at the same time the Revision
Checklist 31 provisions are adopted. States already authorized for Revision Checklist 31 should
adopt the technical corrections as soon as possible.
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
SPECIAL REQUIREMENTS FOR HAZARDOUS WASTE GENERATED BY
CONDITIONALLY EXEMPT SMALL QUANTITY GENERATORS
U.S. location of
treatment or disposal
U.S. location of
treatment or disposal
261.5(f)(3)
261.5(a)(3)
REQUIREMENTS FOR RECYCLABLE MATERIALS
export of industrial
ethyl alcohol
261.6(a)(3)(i)
PART 262 - STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE
SUBPART D - RECORDKEEPING AND REPORTING
BIENNIAL REPORT
applicable to U.S.
shipments
information on
U.S. sites
transporters used
for U.S. shipments
description and
quantity of U.S.
shipments
262.41 (a)
262.41 (a)(3)
262.41 (a)(4)
262.41 (a)(5)
August 8, 1986 - Page 2 of 6
CL31.12 - 7/23/92 [Printed: 9/23/93]
-------
OSWER DIRECTIVE NO. 9541.00-18
RCRA REVISION CHECKLIST 31: Exports of Hazardous Waste (cont'd)
SPA 12
FEDERAL REQUIREMENT
separate annual
report for exports
FEDERAL RCRA CITATION
262.41 (b)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
. MORE
STRINGENT
BROADER
IN SCOPE
SUBPART E - EXPORTS OF HAZARDOUS WASTE
APPLICABILITY
establishes
applicability
262.50
DEFINITIONS
"consignee"
"EPA Acknowledgment
of Consent"
"Drimarv exporter"
"receivina country"
"transit country"
262.51
262.51
262.51
262.51
262.51
GENERAL REQUIREMENTS
notification
consent of
receivinq country
EPA Acknowledgment
of Consent
conformation
to terms
262.52(a)
262.52(b)
262.52(c)
262.52(d)
NOTIFICATION OF INTENT TO EXPORT
contents of
notification
office to notify
changes in original
notification
additional information
EPA notification
to receiving and
transit countries
262.53(a)
262.53(b)
262.53(c)
262.53(d)
262.53(e)
August 8, 1986 - Page 3 of 6
CL31.12 - 7/23/92 (Pmtod 9/23/93]
-------
OSWER DIRECTIVE NO. 9541.00-18
RCRA REVISION CHECKLIST 31: Exports of Hazardous Waste (cont'd)
SPA 12
FEDERAL REQUIREMENT
EPA notification to
primary exporter
FEDERAL RCRA CITATION
262.53(f)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
SPECIAL MANIFEST REQUIREMENTS
consiqnee
alternate consiqnee
point of departure
item 16 of
manifest
obtaining manifest
acknowledgment of
receipt bv consiqnee
procedures when
unable to deliver
copy of Consent
manifest copy to
Customs Official
at Border
262.54(a)
262.54(b)
262.54(c)
262.54(d)
262.54(e)
262.54(f)
262.54(q)
262.54(h)
262.54(i)
EXCEPTION REPORTS
manifest within
45 days
confirmation within
90 days
returned waste
262.55(a)
262.55(b)
262.55(c)
ANNUAL REPORTS
contents
office filed with
262.56(3)
262.56(b)
RECORDKEEPING
length to keep
records
retention period
extension
262.57(a)
262.57(b)
August 8, 1986 - Page 4 of 6
CL31.12 - 7/23/92 (Printed: 9/23/93]
-------
OSWER DIRECTIVE NO. 9541.00-18
RCRA REVISION CHECKLIST 31: Exports of Hazardous Waste (cont'd)
SPA 12
FEDERAL REQUIREMENT
FEDERAL RCRA CITATION
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV- MORE I BROADER
ALENT | STRINGENT IN SCOPE
INTERNATIONAL AGREEMENTS
new section
reserved
262.58
SUBPART F - IMPORTS OF HAZARDOUS WASTE
IMPORTS OF HAZARDOUS WASTE
applicability
manifest requirements
obtaininq manifest
262.60(a)
262.60(b)
262.60(c)
SUBPART G - FARMERS
FARMERS
provisions for
variance
262.70
APPENDIX TO PART 262
UNIFORM HAZARDOUS WASTE MANIFEST AND INSTRUCTIONS
(EPA Forms 8700-22 and 8700-22A)
uniform manifest
instructions 8700-22
Appendix
PART 263 - TRANSPORTERS
SUBPART B - COMPLIANCE WITH THE MANIFEST AND RECORDKEEPING
THE MANIFEST SYSTEM
conditions for accept-
inq exported waste
EPA Acknowledgment
of Consent
variance for
water transporters
263.20(a)
263.20(c)
263.20(e)(2)
August 8, 1986 - Page 5 of 6
CL31.12 - 7/23/92 |P-««.d 9/23/93)
-------
OSWER DIRECTIVE NO. 9541.00-18
RCRA REVISION CHECKLIST 31: Exports of Hazardous Waste (cont'd)
SPA 12
FEDERAL REQUIREMENT
variance for
rail transporters
copy to aenerator
copy to Custom
official
FEDERAL RCRA CITATION
263.20(f)(2)
263.20(a)(3)
263.20(Q)(4)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
August 8, 1986 - Page 6 of 6
CL31.12 - 7/23/92 [PrlntwJ: 9/23/93]
-------
OSWER DIRECTIVE NO. 9541.00-18
Tables G-1 and G-2
The following pages (numbered 4 through 30)
should replace pages 4 through 29 of
SAM Appendix Q
-------
OSWER DIRECTIVE NO. 9541.00-18
SPA 12
TABLE G-1. LIST OF REVISION CHECKLISTS BY CLUSTER
Through December 31, 1991
StATSl'
Rule
Code
Revision
Checklist
Number
— — ^ -. — _ — __? -___
Federal Requirement
Promulga-
HSWA or FR tion or
Reference HSWA Date
Non-HSWA Requirements prior to Non-HSWA Cluster I (January 26,
1
2
3
4
5
6
7
8
1
2
3
4
5
16
t7
t8
1983 - June 30, 1984; Due Date - one vear
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
after the promulqation date of
48 FR 3977 1/28/83
48 FR 396 11 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
Non-HSWA Cluster I (July 1. 1984 - June 30 1985: Due Date - Julv 1.
Al
9
10
11
12
13
t9
10
11
f12
13
1986^)
State Availability of Information
Household Waste
Interim Status Standards; Applicability
Corrections to Test Methods Manual
Satellite Accumulation
Definition of Solid Waste
HSWA §3006(f) 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 614 1/4/85
Continued . . .
LIST12 - 6/30/92 (Printed 10/18/931
-------
StATS
Rule
Code
OSWER DIRECTIVE NO. 9541.00-18
SPA 12
TABLE G-1. LIST OF REVISION CHECKLISTS BY CLUSTER (cont'd)
Through December 31, 1991
Revision Promuk
Checklist HSWA or FR tion or
Number Federal Requirement Reference HSWA Date
13.1
15
13.2
24
26
MW
27
28N
29
(13)-
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 50 FR 33541
(Included on Revision Checklist 13 in Non-
HSWA Cluster I)]
Financial Responsibility; Settlement
Agreement (See Revision Checklist 24
(Amended) in Non-HSWA Cluster VI)
51 FR 16422
8/20/85
5/2/86
Listing of Spent Pickle Liquor (K062) 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
Continuec
LIST12 - 6/30/92 |Pr,r,i«j io>i8/93|
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StATS
Rule
Code
OSWER DIRECTIVE NO. 9541.00-18
SPA 12
TABLE G-1. LIST OF REVISION CHECKLISTS BY CLUSTER (cont'd)
Through December 31, 1991
Revision Promulga-
Checklist HSWA or FR tion or
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 3/16/87
52 FR 8704 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.
1989^)
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 7/9/87
52 FR 26012 7/10/87
52 FR 28697 8/3/87
52 FR 33936 9/9/87
Continued . . .
LIST12 - 6/30/92 |Pnnt*d io/ia/93|
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StATS
Rule
Code
OSWER DIRECTIVE NO. 9541.00-18
SPA 12
TABLE G-1. LIST OF REVISION CHECKLISTS BY CLUSTER (cont'd)
Through December 31, 1991
Revision PromuIdH
HSWA or FR tion or^
Reference HSWA Date
Checklist
Number
Federal Requirement
43
45
24.1
46
49
113.1
45
(24)
46
|49
(113)
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,
1990^)
53 FR 13382 4/22/88
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 (will be consolidated into
Revision Checklist 113 with two other rules
addressing liability coverage; that checklist
will be in RCRA Cluster III)
53 FR 27290 7/19/88
53 FR 33938
9/1/88
Continued^M
LIST12 - 6/30/92 [Pnm»d 10/19/931
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StATS
Rule
Code
OSWER DIRECTIVE NO. 9541.00-18
SPA 12
TABLE G-1. LIST OF REVISION CHECKLISTS BY CLUSTER (cont'd)
Through December 31, 1991
Revision Promulga-
Checklist HSWA or FR tion or
Number Federal Requirement Reference HSWA Date
52N
53
54
55
54.1
56
57
58
59
52
53
f54
55
(54)
t56
t57
f58
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 . . .
LIST12 • 6/30/92 (PnntedlO/18/931
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StATS
Rule
Code
OSWER DIRECTIVE NO. 9541.00-18
SPA 12
TABLE G-1. LIST OF REVISION CHECKLISTS BY CLUSTER (cont'd)
Through December 31, 1991
Revision Promuk
Checklist HSWA or FR tion or
Number Federal Requirement Reference HSWA Date
61
64
65
67
70*
t61
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 • July 1.
1991*)
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
54 FR 36592
54 FR 40260
48 FR 14146
48 FR 30113
8/14/89
9/1/89
9/29/89
4/1/83
6/30/83
Continued
LIST12 • 6/30/92 [Pnniwi 10/18/93)
-------
StATS
Rule
Code
OSWER DIRECTIVE NO. 9541.00
SPA 12
TABLE G-1. LIST OF REVISION CHECKLISTS BY CLUSTER (cont'd)
Through December 31, 1991
Revision
Checklist
Number
Federal Requirement
HSWA or FR
Reference
Promulga-
tion or
HSWA Date
24A
71
72
73
76
78N
(70)
(70)
(70)
24Z/
(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
1/4/89
55 FR 25976 6/26/90
55 FR 2322 1/23/90
55 FR 5340 2/14/90
55 FR 8948 3/9/90
55 FR 18726 5/4/90
55 FR 22520 6/1/90
HSWA Cluster I (November 8. 1984 - June 30. 1987: Due Date - July 1,
1989?)
SR1
Existing and newly regulated
surface impoundments
HSWA
§30050(1 )&(6)
10
Continued . . .
LIST12 - 6/30/92 (Pnw«i 10/18/93]
-------
StATS
Rule
Code
OSWER DIRECTIVE NO. 9541.00-18
SPA 12
TABLE G-1. LIST OF REVISION CHECKLISTS BY CLUSTER (cont'd)
Through December 31, 1991
Revision Promuli
Checklist HSWA or FR tion or
Number Federal Requirement Reference HSWA Date
SR2
BB
CP
HSWA Cluster I (cont'd)
t Variance under §3005(j)(2)-(9)
and (13)
Hazardous Waste
t Hazardous and Used Oil Fuel Criminal
Penalties
HSWA
§3005(j)(2)-(9)
t Exceptions to the Burning and Blending of HSWA
§3004(q)(2)(A)
§3004(r)(2)&(3)
HSWA
§3006(h)
§3008(d)
§3014
HSWA Date of Enactment Provisions (See Numerous
Revision Checklists 17 A - S in HSWA
Cluster I)
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)
Expansions During Interim Status - Waste
Piles (See Revision Checklist 17 P in
HSWA Cluster I)
Expansions During Interim Status -
Landfills and Surface Impoundments (See
Revision Checklist 17 P in HSWA
Cluster I)
HSWA §3004(t) 11/8/84,
50 FR
19781/14/85
HSWA §3004 2/7/85
50 FR 18370 4/30/85
HSWA
§3004(c)
HSWA
§3015(a)
HSWA
§3015(b)
5/8/85
5/8/85
5/8/85
11
Continue^
LIST12 - 6/30/92 (Pnm»d1WB§3]
-------
StATS
Rule
Code
OSWER DIRECTIVE NO. 9541.OC
SPA 12
TABLE G-1. LIST OF REVISION CHECKLISTS BY CLUSTER (cont'd)
Through December 31, 1991
Revision Promulga-
Checklist HSWA or FR tion or
Number Federal Requirement Reference HSWA Date
SI
17A
17B
17C
17D
17E
17F
17G
17H
171
17J
17K
17L
17M
17N
170
17P
17Q
17R
17S
18
HSWA Cluster I (cont'd)
Sharing of Information With the Agency for
Toxic Substances and Disease Registry
17 HSWA Codification Rule (See Revision
Checklist 44 in HSWA Cluster II)
17 A - Small Quantity Generators
(Superseded by 51 FR 10146, see
Revision Checklist 23 in HSWA
Cluster I)
t 17 B - Delisting
t 17 C - Household Waste
17 D - Waste Minimization (See Revision
Checklist 32 in HSWA Cluster I)
17 E - Location Standards for Salt
Domes, Salt Beds, Underground
Mines and Caves
17 F - Liquids in Landfills (See Revision
Checklist 25 in HSWA Cluster I)
17 G - Dust Suppression
17 H - Double Liners
17 I - Ground-Water Monitoring
17 J - Cement Kilns
17 K - Fuel Labeling (Superseded by 51
FR 49164, see Revision Checklist
19 in HSWA Cluster I)
17 L - Corrective Action
17 M - Pre-construction Ban
17 N - Permit Life
17 O - Omnibus Provision
17 P - Interim Status
t 17 Q - Research and Development
Permits
17 R - Hazardous Waste Exports
(Superseded by 51 FR 28644, see
Revision Checklist 31 in HSWA
Cluster I)
17 S - Exposure Information
18 Listing of TDI, IDA, DNT
HSWA
§3019(b)
50 FR 28702
7/15/85
7/15/85
50 FR 42936
10/23/85
12
Continued . . .
LIST12 - 6/30/92 (Printed :10/18/93|
-------
StATS
Rule
Code
OSWER DIRECTIVE NO. 9541.00-18
SPA 12
TABLE G-1. LIST OF REVISION CHECKLISTS BY CLUSTER (cont'd)
Through December 31, 1991
Revision PromulH
Checklist HSWA or FR tion or
Number Federal Requirement Reference HSWA Date
19
20
20.1
21
19
20
(20)
21
HSWA Cluster I (cont'd)
Burning of Waste Fuel and Used Oil Fuel 50 FR 49164
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 53315
11/29/85
12/31/85
51 FR 5327
2/13/86
22
23
25
28H
22
23
25
28
30
31
28H.1
32
33
30
31
(28)
32
33
Listing of Four Spent Solvents
Generators of 100 to 1000 kg Hazardous
Waste (See Revision Checklists 42 and 47
in HSWA Cluster II)
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
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
51 FR 6537
51 FR 10146
51 FR 19176
51 FR 25422
2/25/86
3/24/86
5/28/86|
7/14/86
51 FR 28556
51 FR 28664
51 FR 35190
51 FR 37725
8/8/86
8/8/86
51 FR 29430 8/15/86
10/1/86
10/24/86
13
Continued
LIST12 • 6/30/92 |Prmt«j 10/18/93]
-------
OSWER DIRECTIVE NO. 954
StATS
Rule
Code
TABLE G-1. LIST OF REVISION CHECKLISTS BY CLUSTER (cont'd)
Through December 31, 1991
Revision
Checklist
Number
Federal Requirement
HSWA or FR
Reference
SPA 12
Promulga-
tion or
HSWA Date
34
19.1
34.1
17B.1
39
42
39.1
44A
34
(19)
(34)
(17 B)
39
42
(39)
44
HSWA Cluster I (cont'd)
Land Disposal Restrictions (Certain 51 FR 40572 11/7/86
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 52 FR 11819 4/13/87
in Boilers and Industrial Furnaces;
Technical Corrections (Included on
Revision Checklist 19 in HSWA Cluster I)]
52 FR 21010 6/4/87
54 FR 27114
6/27/89
[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*)
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)
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
52 FR 25760
7/8/87
52 FR 35894 9/23/87
52 FR 41295
10/27/87
52 FR 45788
12/1/87
14
Continued . . .
LIST12 • 6/30/92 [Printed 10/18/93]
-------
OSWER DIRECTIVE NO. 9541.00-18
SPA 12
TABLE G-1. LIST OF REVISION CHECKLISTS BY CLUSTER (cont'd)
Through December 31, 1991
StATS
Rule
Code
Revision
Checklist
Number
Federal Requirement
HSWA or FR
Reference
PromulgBj
tion or
HSWA Date
44B
44C
44D
44E
44F
44G
47
48
50
52H
50.1
62
63
66
47
48
50
52
(50)
62
63
66
HSWA Cluster II (cont'd)
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)
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
53 FR 27162 7/19/88
53 FR 27164 7/19/88
53 FR 31138
53 FR 34079
54 FR 8264
54 FR 18836
54 FR 26594
54 FR 36967
8/17/88
9/2/88
2/27/89
5/2/89
6/23/89
9/6/89
15
Continuec
LIST12 - 6/30/92 |Pnm»o 10/18/93)
-------
OSWER DIRECTIVE NO. 95^
SPA 12
TABLE G-1. LIST OF REVISION CHECKLISTS BY CLUSTER (cont'd)
Through December 31, 1991
StATS Revision Promulga-
Rule Checklist HSWA or FR tion or
Code Number Federal Requirement Reference HSWA Date
68
66.1
79
74.1
80
81
68
69
74
75
77
78H
69
74
75
77
78^
(66)
79
(74)
|80
81
54 FR 41402
54 FR 50968
55 FR 11798
55 FR 18496
55 FR 19262
55 FR 22520
12/11/89
3/29/90
5/2/90
5/9/90
6/1/90
HSWA Cluster II (cont'd)
Reportable Quantity Adjustment Methyl
Bromide Production Wastes
Reportable Quantity Adjustment
Toxicity Characteristic Revisions
Listing of 1,1-Dimethylhydrazine
Production Wastes
HSWA Codification Rule; Double Liners;
Correction
Land Disposal Restrictions for Third
Third Scheduled Wastes (See Revision
Checklist 78 in Non-HSWA Cluster VI)
[Land Disposal Restrictions; Correction
(Included on Revision Checklist 66 in
HSWA Cluster II)]
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; 55 FR 26986
Correction (Included on Revision Checklist
74 in HSWA Cluster II)]
55 FR 23935
55 FR 25454
10/6/89
6/13/90
6/21/90
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)
10/5/90
11/2/90
16
Continued . . .
LIST12 - 6/30/92 (Printed 11/2/93)
-------
StATS
Rule
Code
OSWER DIRECTIVE NO. 9541.00-18
SPA 12
TABLE G-1. LIST OF REVISION CHECKLISTS BY CLUSTER (cont'd)
Through December 31, 1991
Revision Promulc
Checklist HSWA or FR tion or
Number Federal Requirement Reference HSWA Date
82
81.1
83
80.1
84
82
(81)
83
(80)
t84
RCRA Cluster I (cont'd)
Wood Preserving Listings (HSWA/Non-
HSWA)
[Petroleum Refinery Primary and
Secondary Oil/Water/Solids Separation
Sludge Listings; Correction (Included on
Revision Checklist 81, RCRA Cluster I)]
Land Disposal Restrictions for Third
Third Scheduled Wastes; Technical
Amendment (HSWA)
[Toxicity Characteristic; Hydrocarbon
Recovery Operations (Included on Revision
Checklist 80 in RCRA Cluster I)]
Toxicity Characteristic; Chlorofluoro-
carbon Refrigerants (HSWA)
55 FR 50450
55 FR 51707
56 FR 3864
56 FR 3978
56 FR 5910
12/6/90
12/17/90
01/31/91
02/01/91
02/13/91
85
86
80.2
87
89
85
86^'
(80)
87
t88
t89
Burning of Hazardous Waste in Boilers
and Industrial Furnaces (HSWA/Non-
HSWA)
Removal of Strontium Sulfide From the
List of Hazardous Waste; Technical
Amendment (Non-HSWA)
(Toxicity Characteristic; Hydrocarbon
Recovery Operations (See Revision
Checklist 80 in RCRA Cluster I))
Organic Air Emission Standards for
Process Vents and Equipment Leaks;
Technical Amendment (See Revision
Checklist 79 in HSWA Cluster II) (HSWA)
Administrative Stay for K069 Listing (Non-
HSWA)
Revision to F037 and F038 Listings (See
Revision Checklist 81 in RCRA Cluster I)
(HSWA)
56 FR 7134
56 FR 7567
56 FR 13406
56 FR 19951
56 FR 21955
02/21/91
02/25/91
04/02/91
56 FR 19290 04/26/91
05/01/91
05/13/91
17
Continue
LIST12 - 6/30/92 (Pn
-------
OSWER DIRECTIVE NO. 9541.CO
SPA 12
TABLE G-1. LIST OF REVISION CHECKLISTS BY CLUSTER (cont'd)
Through December 31, 1991
StATS
Rule
Code
90
91
92
113.2
Revision
Checklist
Number
90
t91
92
(113)
Federal Requirement
RCRA Cluster I (cont'd)
Mining Exclusion III (Non-HSWA)
Administrative Stay for F032, F034, and
F035 Listings (HSWA/Non-HSWA)
RCRA Cluster II (Julv 1. 1991 - June 30.
Wood Preserving Listings; Technical
Corrections (HSWA/Non-HSWA)
Liability Requirements; Technical
HSWA or FR
Reference
56 FR 27300
56 FR 27332
1992; Due Date -
56 FR 30192
56 FR 30200
Promulga-
tion or
HSWA Date
06/13/91
06/13/91
Julv 1. 1993-)
07/01/91
07/01/91
Amendment (Non-HSWA) (will be
consolidated into Revision Checklist 113
with two other rules addressing liability
coverage; that checklist will be in RCRA
Cluster III)
94
94
95
96
97
98
99
95
96
97
t98
|99
Burning of Hazardous Waste in Boilers
and Industrial Furnaces; Corrections and
Technical Amendments I (HSWA/Non-
HSWA)
Land Disposal Restrictions for Electric Arc
Furnace Dust (K061) (HSWA)
Burning of Hazardous Waste in Boilers
and Industrial Furnaces; Technical
Amendments II (HSWA/Non-HSWA)
Exports of Hazardous Waste; Technical
Correction (HSWA)
Coke Ovens Administrative Stay (HSWA)
Amendments to Interim Status Standards
for Downgradient Ground-Water Monitoring
Well Locations (Non-HSWA)
56 FR 32688 07/17/91
56 FR 41164
56 FR 42504
56 FR 43874
56 FR 66365
08/19/91
08/27/91
56 FR 43704 09/04/91
09/05/91
12/23/91
t Optional.
18
Continued . . .
LIST12 - 6/30/92 [Pnnt»d 10/19/93]
-------
OSWER DIRECTIVE NO. 9541.00-18
SPA 12
TABLE G-1. LIST OF REVISION CHECKLISTS BY CLUSTER (cont'd)
Through December 31, 1991
StATS Revision Promulc
Rule Checklist HSWA or FR tion or
Code Number _ Federal Requirement Reference HSWA Date
1StATS is the State Authorization Tracking System which tracks States' progress in becoming
authorized for each checklist. This column was added to help the Regions and States relate data
entered in that system with the information included in this table. The "rule code" is the symbol used
in StATS to represent a particular rule or non-checklist item, e.g., State Availability of Information or
Radioactive Mixed Waste.
2States have an additional year if statutory changes are required.
3A parenthesized number implies that this is not the main rule for the indicated checklist.
However, the rule is included on the indicated checklist. Rules with parenthesized numbers are
typically technical corrections or amendments to a major final rule. These corrections are usually
close enough in time to the initial final rule that the correction was included on the checklist for the
initial rule, rather than developing a new checklist for the correction.
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 "^f
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.
7Only those sections, i.e., 40 CFR 264.113 and 265.113, of Revision Checklist 24 (Amended)
recharacterized as more stringent by the June 26, 1990 correction are included in Non-HSWA Cluster
VI. All other Revision Checklist 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.
Continuec
19 LIST12 - 6/30/92 |Pnnt»d 10/18/93)
-------
OSWER DIRECTIVE NO. 954
SPA 12
TABLE G-1. LIST OF REVISION CHECKLISTS BY CLUSTER (cont'd)
Through December 31, 1991
StATS Revision Promulga-
Rule Checklist HSWA or FR tion or
Code Number Federal Requirement Reference HSWA Date
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.
20 LIST12 - 6/30/92 (Print* 10/1 a/93]
-------
OSWER DIRECTIVE NO. 9541.00-18
SPA 12
Revision
Checklist
Number
TABLE G-2. NUMERICAL LISTING OF REVISION CHECKLISTS
AND CORRESPONDING CLUSTER
Through December 31, 1991
Federal Requirement
State Availability of Information (See
Appendix N)
Cluster
Non-HSWA Cluster I
Radioactive Mixed Waste (See SPA 2 Non-HSWA Cluster
and Appendix N)
NOT DELE- Direct Action Against Insurers
GABLED
Surface Impoundment Requirements:
a. Existing and newly regulated
surface impoundments
t b. Variance under §3005(j)(2)-(9)
and (13)
Sharing of Information With the
Agency for Toxic Substances and
Disease Registry
t Exceptions to the Burning and
Blending of Hazardous Waste
1
2
3
4
5
HSWA Cluster I
HSWA Cluster I
HSWA Cluster I
HSWA Cluster I
t Hazardous and Used Oil Fuel Criminal HSWA Cluster I
Penalties
Biennial Report
Non-HSWA Requirements Prior to
Non-HSWA Cluster I
Permit Rules - Settlement Agreement Non-HSWA Requirements Prior to
Non-HSWA Cluster I
Interim Status Standards - Applicability Non-HSWA Requirements Prior to
Non-HSWA Cluster I
Chlorinated Aliphatic Hydrocarbon
Listing (F024)
National Uniform Manifest
Non-HSWA Requirements Prior to
Non-HSWA Cluster I
Non-HSWA Requirements Prior to
Non-HSWA Cluster I
21
LIST12 - 6/30/92 |Pnnt«i 10/1S/93]
-------
OSWER DIRECTIVE NO. 95-.'
Revision
Checklist
Number
TABLE G-2. NUMERICAL LISTING OF REVISION CHECKLISTS
AND CORRESPONDING CLUSTER (cont'd)
Through December 31, 1991
SPA 12
Federal Requirement
Cluster
Permit Rules: Settlement Agreement Non-HSWA Requirements Prior to
Non-HSWA Cluster I
t8
t9
10
11
f12
13
14
15
16
17
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
17 I - Ground-Water Monitoring
17 J - Cement Kilns
17 K - Fuel Labeling
17 L - Corrective Action
Non-HSWA Cluster
HSWA Cluster I
HSWA Cluster I
22
Continued . . .
LIST12 - 6/30/92 [Printed 10/18/93]
-------
OSWER DIRECTIVE NO. 9541.00-18
Revision
Checklist
Number
18
19
20
21
22
23
25
t26
28
29
30
TABLE G-2. NUMERICAL LISTING OF REVISION CHECKLISTS
AND CORRESPONDING CLUSTER (cont'd)
Through December 31, 1991
SPA 12
Federal Requirement
17 M - Pre-construction Ban
17 N - Permit Life
17 0 - 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
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
Non-HSWA Cluster
Non-HSWA Cluster III and HSWA
Cluster I
Non-HSWA Cluster III
HSWA Cluster I
23
Continue
LIST12 - 6/30/92 [
-------
OSWER DIRECTIVE NO.
Revision
Checklist
Number
31
32
33
34
35
36
37
38
39
40
41
42
TABLE G-2. NUMERICAL LISTING OF REVISION CHECKLISTS
AND CORRESPONDING CLUSTER (cont'd)
Through December 31, 1991
SPA 12
Federal Requirement
Exports of Hazardous Waste
Standards for Generators - Waste
Minimization Certifications
Listing of EBDC
Land Disposal Restrictions
Revised Manual SW-846; Amended
Incorporation by Reference
Closure/Post-Closure Care for
Interim Status Surface
Impoundments
Definition of Solid Waste; Technical
Corrections
Amendments to Part B Information
Requirements for Land Disposal
Facilities
California List Waste Restrictions
List (Phase 1) of Hazardous
Constituents for Ground-Water
Monitoring
Identification and Listing of
Hazardous Waste
Exception Reporting for Small
Quantity Generators of Hazardous
Waste
Liability Requirements for
Hazardous Waste Facilities;
Corporate Guarantee
Cluster
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
24
Continued . . .
LIST12 - 6/30/92 IPnnled 10/18/93]
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OSWER DIRECTIVE NO. 9541.00-18
SPA 12
Revision
Checklist
Number
44
45
46
47
48
f49
50
113
(51)
TABLE G-2. NUMERICAL LISTING OF REVISION CHECKLISTS
AND CORRESPONDING CLUSTER (cont'd)
Through December 31, 1991
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 (will be
made part of Revision Checklist
113)
Cluster
HSWA Cluster
Non-HSWA Cluster IV
Non-HSWA Cluster IV
HSWA Cluster
HSWA Cluster
Non-HSWA Cluster V
HSWA Cluster II
RCRA Cluster III, Non-HSWA
25
Continuec
LIST12 - 6/30/92 |P"m»a icm/93]
-------
OSWER DIRECTIVE NO. 95.
Revision
Checklist
Number
52
53
|54
55
t56
t57
t58
59
60
t61
TABLE G-2. NUMERICAL LISTING OF REVISION CHECKLISTS
AND CORRESPONDING CLUSTER (cont'd)
Through December 31, 1991
SPA 12
Federal Requirement
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
Changes to Interim Status Facilities
for Hazardous Waste Management
Permits; Modifications of Hazardous
Waste Management Permits;
Procedures for Post-Closure
Permitting
26
Cluster
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
Non-HSWA Cluster V
Continued . . .
LIST12 - 6/30/92 [Pnnt«d10/18/93l
-------
OSWER DIRECTIVE NO. 9541.00-18
Revision
Checklist
Number
TABLE G-2. NUMERICAL LISTING OF REVISION CHECKLISTS
AND CORRESPONDING CLUSTER (cont'd)
Through December 31, 1991
Federal Requirement
Cluster
SPA 12
62
63
65
66
67
68
69
70
71
T72
73
74
75
t76
77
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
Listing of 1,1-Dimethylhydrazine
Production Wastes
Criteria for Listing Toxic
Wastes; Technical Amendment
HSWA Codification Rule, Double
Liners; Correction
27
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
HSWA Cluster II
Non-HSWA Cluster VI
HSWA Cluster II
Continuec
LIST12 - 6/30/92 [Printed 10M8/93)
-------
OSWER DIRECTIVE NO. 9541.00-18
Revision
Checklist
Number
TABLE G-2. NUMERICAL LISTING OF REVISION CHECKLISTS
AND CORRESPONDING CLUSTER (cont'd)
Through December 31, 1991
SPA 12
Federal Requirement
Cluster
78*
79
t80
81
82
83
t84
85
86*
87
t88
f89
90
Land Disposal Restrictions for
Third Third Scheduled Wastes
Hazardous Waste Treatment,
Storage, and Disposal Facilities--
Organic Air Emission Standards For
Process Vents and Equipment
Leaks
Toxicity Characteristic; Hydrocarbon
Recovery Operations
Petroleum Refinery Primary and
Secondary Oil/Water/Solids
Separation Sludge Listings (F037
and F038)
Wood Preserving Listings
Land Disposal Restrictions for Third
Third Scheduled Wastes; Technical
Amendment
Toxicity Characteristic; Chlorofluoro-
carbon Refrigerants .
Burning of Hazardous Waste in
Boilers and Industrial Furnaces
Removal of Strontium Sulfide From
the List of Hazardous Waste;
Technical Amendment
Organic Air Emission Standards for
Process Vents and Equipment
Leaks; Technical Amendment
Administrative Stay for K069 Listing
Revision to F037 and F038 Listings
Mining Exclusion III
Non-HSWA Cluster VI and
HWSA CLuster II
HSWA Cluster II
RCRA I, HSWA
RCRA I, HSWA
RCRA I, HSWA/Non-HSWA
RCRA I, HSWA
RCRA I, HSWA
RCRA I, HSWA/Non-HSWA
RCRA I, Non-HSWA
RCRA I, HSWA
RCRA I, Non-HSWA
RCRA I, HSWA
RCRA I, Non-HSWA
28
Continued . . .
LIST12 - 6/30/92 (Printed 10MB/93]
-------
OSWER DIRECTIVE NO. 9541.00-18
Revision
Checklist
Number
91
92
113
(93)
94
95
96
97
|98
|99
TABLE G-2. NUMERICAL LISTING OF REVISION CHECKLISTS
AND CORRESPONDING CLUSTER (cont'd)
Through December 31, 1991
SPA 12
Federal Requirement
Administrative Stay for F032, F034,
and F035 Listings
Wood Preserving Listings; Technical
Corrections
Liability Requirements; Technical
Amendment [will be made part of
Revision Checklist 113]
Burning of Hazardous Waste in
Boilers and Industrial Furnaces;
Corrections and Technical
Amendments I
Land Disposal Restrictions for
Electric Arc Furnace Dust (K061)
Burning of Hazardous Waste in
Boilers and Industrial Furnaces;
Technical Amendments II
Exports of Hazardous Waste;
Technical Correction
Coke Ovens Administrative Stay
Amendments to Interim Status
Standards for Downgradient
Ground-Water Monitoring Well
Locations
Cluster
RCRA I, HSWA/Non-HSWA
RCRA II, HSWA/Non-HSWA
RCRA III, Non-HSWA
RCRA II, HSWA/Non-HSWA
RCRA II, HSWA
RCRA II, HSWA/Non-HSWA
RCRA II, HSWA
RCRA II, HSWA
RCRA II, Non-HSWA
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.
29
Continue
LIST12 - 6/30/92 [Printed
d1on9/93!
-------
OSWER DIRECTIVE NO. 9541.00-18
SPA 12
TABLE G-2. NUMERICAL LISTING OF REVISION CHECKLISTS
AND CORRESPONDING CLUSTER (cont'd)
Through December 31, 1991
Revision
Checklist
Number Federal Requirement Cluster
20nly those sections, i.e., 40 CFR 264.113 and 265.113, of Revision Checklist 24 (Amended)
recharacterized as more stringent by the June 26, 1990 correction are included in Non-HSWA Cluster
VI. All other Revision Checklist 24 provisions continue to be included in Non-HSWA Cluster II.
States which have already adopted the 264.113 and 265.113 amendments as part of their
authorization for Revision Checklist 24 in Non-HSWA Cluster II, are not affected by this correction and
do not have to submit an amended Revision Checklist 24.
3While Revision Checklists 27 and 43 are optional, states which have adopted or choose to
adopt the changes addressed by Revision Checklist 27, must adopt Revision Checklist 43's changes.
4The May 2, 1986 amendments to 40 CFR 264.113 and 265.113, addressed by Revision
Checklist 24, must be adopted before or simultaneous with adopting the provisions addressed by
Revision Checklist 64. Also see Footnote 1.
5Revision Checklist 78 is in HSWA Cluster II, with the exception of the clarifying amendment to
§268.33(c) which is in Non-HSWA Cluster VI. This clarification is not immediately effective in
authorized States since the requirements are not imposed pursuant to HSWA. Thus, these
requirements are applicable only in those States that do not have interim or final authorization. In
authorized States, the requirements will not be applicable until the State revises its program to adopt
equivalent requirements under State law.
6The rule addressed by this checklist is a technical amendment to the final rule (53 FR 43881;
October 31, 1988; Revision Checklist 57)) that removed strontium sulfide from 40 CFR 261.33, the list
of commercial chemical products which are hazardous wastes when discarded or intended to be
discarded. States which intend to remove strontium sulfide from their hazardous wastes lists, but
have not yet adopted the changes made by Revision Checklist 57 are strongly encouraged to adopt
the changes addressed by Revision Checklists 57 and 86 at the same time. Those States that have
already adopted the Revision Checklist 57 provisions should adopt the Revision Checklist 86
amendments as soon as possible. States should note that Revision Checklist 86 is a conditionally
optional checklist. States choosing not to adopt the removal of strontium sulfide (i.e. Revision
Checklist 57) should not adopt the Revision Checklist 86 provisions. However, States which choose
to remove strontium sulfide must adopt the provisions addressed by Revision checklist 86 to be sure
.that material has been properly removed from the State's lists and appendices.
30 LIST12 - 6/30/92 (Pnniod 10/18/93]
-------
OSWER DIRECTIVE NO. 9541.00-18
Model Revision Attorney General's Statement
The following pages (numbered 9 through 54)
should replace pages 9 through 53 of
SAM Appendix E
-------
OSWER DIRECTIVE NO. 9541.00-18
SPA 12
MODEL REVISION ATTORNEY GENERAL'S STATEMENT FOR FINAL
AUTHORIZATION FOR CHANGES TO THE FEDERAL
RCRA PROGRAM FROM JANUARY 1983 THROUGH
DECEMBER 1991
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.
(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.
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.
9 AGREV12 • 6/30/92 [Print*d:9/23/93|
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OSWER DIRECTIVE NO. 9541.00-18
SPA 12
(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) fOPTIONAL: This is a reduced requirement.] Listing of spent pickle liquor
from steel finishing operations, 40 CFR 261.32, as amended May 28, 1986
[51 FR 19320] and September 22, 1986 [51 FR 33612], Revision Checklist
26.
(8) Listing of commercial chemical products and Appendix VIII constituents, 40
CFR 261.33 and Part 261 Appendix VIII, as amended August 6, 1986 [51 FR
28296], Revision Checklist 29; as amended July 10, 1987 [52 FR 26012],
Revision Checklist 41; and as amended April 22, 1988 [53 FR 13382],
Revision Checklist 46.
(9) EBDC wastes, 40 CFR 261.32 and Part 261 Appendices III and VII, as
amended on October 24, 1986 [51 FR 37725], Revision Checklist 33.
(10) Listing of spent potlJners 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) fOPTIONAL: This is a reduced requirement.] Generic delisting of iron
dextran (CAS No. 9004-66-4), 40 CFR 261.33(f) and Part 261 Appendix VIII,
as amended October 31, 1988 [53 FR 43878], Revision Checklist 56.
(12) [OPTIONAL: This is a reduced requirement.] Generic delisting of strontium
sulfide (CAS No. 1314-96-1), 40 CFR 261.33(e) and Part 261 Appendix VIII,
as amended October 31, 1988 [53 FR 43881] and February 25, 1991 [56 FR
7567], Revision Checklists 57 and 86.
(13) Listing of two wastes (K131 and K132) generated during the production of
methyl bromide, 40 CFR 261.32 and 261 Appendices III and VII, as
amended October 6, 1989 [54 FR 41402], Revision Checklist 68.
(14) Listing of one generic category (F025) of waste generated during the
manufacture of chlorinated aliphatic hydrocarbons by free radical catalyzed
processes and amending F024, 40 CFR 261.31 and 261 Appendix VII;
adding one toxicant to 261 Appendix VIII; as amended December 11, 1989
[54 FR 50968], Revision Checklist 69.
(15) fOPTIONAL: This is a reduced requirement.] Amendments to the F019
hazardous waste listing to exclude wastewater treatment sludges from
zirconium phosphating; in aluminum can washing, when such phosphating is
an exclusive conversion coating process, 40 CFR 261.31, as amended
February 14, 1990 [55 FR 5340], Revision Checklist 72.
(16) Listing of four wastes (K107-K110) generated during the production of 1,1-
dimethylhydrazine (UDMH) from carboxylic acid hydrazides, 40 CFR 261.31
and Part 261 Appendices III and VII, as amended May 2, 1990 [55 FR
18496], Revision Checklist 75.
10 AGREV12 - 6/30/92 |Print.d:ara3/93|
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OSWER DIRECTIVE NO. 9541.00-18
SPA 12
(17) Listing of one waste (F039), 40 CFR 261.31 and Part 261 Appendix VII, as
amended June 1, 1990 [55 FR 22520] and January 31, 1991 [56 FR 3864],
Revision Checklists 78 and 83.
(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.
(20) [OPTIONAL: This is a reduced requirement.] Administrative stay removing,
from the K069 listing, slurries generated from air pollution control devices that
are intended to capture acid gases and are not dedicated chiefly to control
particulate air emissions, 40 CFR 261.32, as amended May 1, 1991 [56 FR
19951], Revision Checklist 88.
(21) [OPTIONAL: This is a reduced requirement.] Redefinition of F037 and F038
listings to exclude 1) sludges from non-contact once-through cooling waters
from both listings and 2) floats generated in aggressive biological treatment
units from the F038 listing, 40 CFR 261.31 as amended May 13, 1991 [56
FR 21955], Revision Checklist 89.
(22) [OPTIONAL: This is a reduced requirement.] Administrative stay of F032,
F034 and F035 listings regarding 1) wastewaters that have not come into
contact with process contaminants and 2) plants that have previously used
chlorophenolic formulations, 40 CFR 261.31 as amended June 13, 1991 [56
FR 27332], Revision Checklist 91.
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).
1 1 AGREV12 - 6/30/92 (Print*:*23/93|
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OSWER DIRECTIVE NO. 9541.00-18
SPA 12
Federal Authority: RCRA §3001 (d); 40 CFR Parts 260-263 and 270 as amended March
24, 1986 (51 FR 10146), October 1, 1986 (51 FR 35190), and July 19, 1988 (53 FR
27162).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
C. [This requirement applies only if States have a delisting mechanism. This
requirement is NOT OPTIONAL for such States.] State statutes and regulations provide
authority to delist hazardous waste as indicated in Revision Checklist 17 B.
(1) State statutes and regulations require that before deciding to delist a waste,
the State must consider whether any listing factor (including additional
constituents) other than those for which the waste was listed would cause
the waste to be hazardous.
Federal Authority: RCRA §3001 (f)(1); 40 CFR 260.22 as amended July 15, 1985 (50 FR
28702) and June 27, 1989 (54 FR 27114).
(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 (f)(2); 40 CFR 260.20(d) as amended July 15, 1985 (50
FR 28702).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
D. [OPTIONAL: This is a reduced requirement.] State statutes and regulations
define hazardous waste so as to exclude waste pickle liquor sludge generated by lime
stabilization, but only to the extent that such waste is excluded by 40 CFR 261.3(c)(2), as
indicated in Revision Checklist 8.
Federal Authority: RCRA §3001; 40 CFR 261.3(c) as amended June 5, 1984 (49 FR
23284).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
E. [OPTIONAL: This is a reduced requirement.] State statutes and regulations
define hazardous waste so as to not exclude household waste other than those household
wastes excluded in 40 CFR 261.4(b)(1), as indicated in Revision Checklists 9 and 17 C.
12 AGREV12 - 6/30/92 [Pnn,.d 9/2*93]
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OSWER DIRECTIVE NO. 9541.00-18
SPA 12
Federal Authority: RCRA §3001; 40 CFR 261.4(b)(1) as amended November 13, 1984 (49
FR 44980) and July 15, 1985 (50 FR 28702).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
F. State statutes and regulations incorporate the most recent edition and updates to
Test Methods for Evaluating Solid Waste, Physical/Chemical Methods" (SW-846) as
indicated in Revision Checklists 11 and 35.
Federal Authority: RCRA §§2002, 3001; 40 CFR 260.11, 260.21 and 270.6(a) as amended
December 4, 1984 (49 FR 47390) and March 16, 1987 (52 FR 8072).
Citation of Laws and Regulations; Date of Enactment and Adoption
Remarks of the Attorney General
G. State statutes and regulations define solid wastes to include the hazardous
components of radioactive mixed wastes, July 3, 1986 [51 FR 24504]. See State Program
Advisory (SPA) #2.
Federal Authority: RCRA §§1004(27) and 3001 (b).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
H. fOPTIONAL: This is a reduced requirement.] State statutes and regulations
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.
13 AGREV12 - 6/30/92 print* .am/93]
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OSWER DIRECTIVE NO. 9541.00-18
SPA 12
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.
Federal Authority: RCRA §3001 (b); 40 CFR 261.3 and 261.4 as amended September 1,
1989 (54 FR 36592).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
(2) remove five conditionally retained mineral processing wastes from the
exemption from hazardous waste regulation under the Bevill exclusion, and
amend the definitions of "beneficiation" and "designated facility" as indicated
in Revision Checklists 71 and 90.
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) and June 13, 1991 (56 FR 27300).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
K. State statutes and regulations incorporate 47 new testing methods as approved
methods for use in meeting the regulatory requirements under Subtitle C of RCRA as
indicated in Revision Checklists 67 and 73.
Federal Authority: RCRA §§3001, 3004, 3005, and 3006; 40 CFR 260.11 and Part 261
Appendix III as amended September 29, 1989 (54 FR 40260) and March 9, 1990 (55 FR
8948).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
14 AGREV12 - 6/30/92 [Pnnt.d:a/23/93]
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OSWER DIRECTIVE NO. 9541.00-18
SPA 12
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
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.
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Federal Authority: 5 U.S.C. §§553 and 705; RCRA §3001; 40 CFR 261.4(b)(11) as
amended October 5, 1990 (55 FR 40834), February 1, 1991 (56 FR 3978) and April 2,
1991 (56 FR 13406).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
P. State statutes and regulations include definitions of oil/water/solids and
aggressive biological treatment units and a statement concerning the point of generation for
F037 and F038 sludges as indicated on Revision Checklist 81.
Federal Authority: RCRA §3001; 40 CFR 261.31 (b), as amended November 2, 1990 (55
FR 46354) and December 17, 1990 (55 FR 51707).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
Q. 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
Checklists 82 and 92.
Federal Authority: RCRA §3001; 40 CFR 261.4(a)(9) as amended December 6, 1990 (55
FR 50450) and July 1, 1991 (56 FR 30192).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
R. State statutes and regulations allow deletion of certain hazardous waste codes
following equipment cleaning and replacement, provided that the requirements of 261.35
are met, as indicated in Revision Checklists 82 and 92.
Federal Authority: RCRA §3001; 40 CFR 261.35 as amended December 6, 1990 (55 FR
50450) and July 1, 1991 (56 FR 30192).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
S. [OPTIONAL: This is a reduced requirement.] State statutes and regulations
which exclude from being hazardous used chlorofluorocarbon (CFC) refrigerants from totally
enclosed transfer equipment (including mobile air conditioning systems, mobile refrigeration,
and commercial and industrial air conditioning and refrigeration systems) that use
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chlorofluorocarbons as the heat transfer fluid in the refrigeration cycle, provided the
refrigerant is reclaimed for further use as indicated in Revision Checklist 84.
Federal Authority: RCRA §3001; 40 CFR 261.4(b)(12) as amended February 13, 1991 {56
FR 5910).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
T. [OPTIONAL: This is a reduced requirement.] State statutes and regulations
exclude from being a solid waste coke and coal tar from the iron and steel industry that
contains or is produced from decanter tank tar sludge, EPA hazardous waste K087, when
used as a fuel as indicated in Revision Checklist 85. The process producing the coke and
coal tar from such decanter tank tar sludge in a coke oven is also excluded from
regulation.
Federal Authority: RCRA §3001; 40 CFR 261.4(a)(10) as amended February 21, 1991
(56 FR 7134).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
U. State statutes and regulation do not exclude residues, derived from the burning
or processing of hazardous waste in a boiler or industrial furnace, from the definition of a
hazardous waste under 40 CFR 261.4(b)(4),(7)or(8) unless the device and the owner or
operator meet the requirements of 40 CFR 266.112 as indicated in Revision Checklist 85.
Federal Authority: RCRA §3001; 40 CFR 261.4(b)(4), 261.4(b)(7), 261.4(b)(8) and 266.112
as amended February 21, 1991 (56 FR 7134).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
V. [OPTIONAL: This is a reduced requirement.] State statutes and regulations
which exclude from being a hazardous waste certain nonwastewater residues resulting from
high temperature metals recovery of K061 provided the conditions in 261.3(c)(2)(ii)(C) are
met as indicated in Revision Checklist 95.
Federal Authority: RCRA §§3001, 3004(d)-(k) and (m); 40 CFR 261.3(c)(2)(ii)(C) as
amended August 19, 1991 (56 FR 41164).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
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W. [OPTIONAL: This is a reduced requirement.] State statutes and regulations
which exclude from being a solid waste, nonwastewater splash condenser dross residue
from the treatment of K061 in high temperature metals recovery units provided the
requirements of 261.4(a)(11) are met as indicated in Revision Checklist 95.
Federal Authority: RCRA §83001, 3004(d)-(k) and (m); 40 CFR 261.4(a)(11) as amended
August 19, 1991 (56 FR 41164).
Citation of Laws and Regulations; Date of Enactment and Adoption
Remarks of the Attorney General
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
B. State statutes and regulations include as solid waste secondary material fed to a
halogen acid furnace that exhibit a characteristic of a hazardous waste or are listed as a
hazardous waste in 40 CFR 261, Subparts C and D as indicated in Revision Checklists 85
and 96.
Federal Authority: RCRA §3001; 40 CFR Parts 261.2(d)(2) as amended February 21, 1991
(56 FR 7134) and August 27, 1991 (56 FR 42504).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
III. MANAGEMENT OF DIOXIN WASTES
A. State statutes and regulations contain the following requirements regarding
dioxin wastes as indicated in Revision Checklist 14:
(1) Dioxin wastes are listed and otherwise identified as hazardous wastes so as
to encompass all such wastes controlled under 40 CFR 261.5(e), 261.7(b),
261.30(d), 261.31, 261.33(f), and Part 261 Appendix X.
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(2) Special management and permitting standards for facilities managing dioxin
wastes and prohibitions applicable to permitted and interim status facilities, as
provided in 40 CFR Parts 264, 265, and 270.
Federal Authority: RCRA §§3001 and 3004; 40 CFR Parts 261, 264, 265 and 270 as
amended January 14, 1985 (50 FR 1978).
Citation of Laws and Regulations; Date of Enactment and Adoption
Remarks of the Attorney General
IV. SATELLITE ACCUMULATION
A. [OPTIONAL: This is a reduced requirement.] State statutes and regulations
allow generators to accumulate at the site of generation, without a permit or interim status,
as much as 55 gallons of hazardous waste or one quart of acutely hazardous waste
provided that the generator complies with the requirements specified in §262.34(c) as
indicated in Revision Checklist 12.
Federal Authority: RCRA §§2002, 3002, 3004 and 3005; 40 CFR 262.34(c) as amended
December 20, 1984 (49 FR 49571).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
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
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.
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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.
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
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D. fOPTIONAL: This is a reduced requirement.] State statutes and regulations
include a burden disclosure statement with each uniform manifest form and renew the use
of this form as indicated in Revision 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.
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
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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.
(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.
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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. fOPTIONAL: 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
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.
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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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
E. fOPTIONAL: This |s a reduced requirement.] State statutes and regulations
allow owners and operators to demonstrate that an alternate hydraulically downgradient
monitoring well location will meet 40 CFR 265.91 (a)(3)(i)-(iii) criteria as specified in Revision
Checklist 99.
Federal Authority: RCRA §§1006, 2002(a), 3001, 3004, 3005 and 3015; 40 CFR 260.10,
and 264.91 (a)(3) as amended December 23, 1991 (56 FR 66365).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
XII. BURNING AND BLENDING OF HAZARDOUS WASTES
A. State statutes and regulations provide the following requirements:
(1) The burning of fuel containing hazardous waste in a cement kiln is prohibited
as specified in 40 CFR 266.31 and Revision Checklist 17 J.
Federal Authority: RCRA §3004(q); 40 CFR 266.31 as amended July 15, 1985 (50 FR
28702).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
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(2) Fuels containing hazardous waste and all persons who produce, distribute
and market fuel containing hazardous wastes must be regulated as indicated
in Revision Checklists 17 J, 17 K, and 19.
Federal Authority: RCRA §§3004(q)-(s); 40 CFR 261.31 and 266.34 as amended July 15,
1985 (50 FR 28702), November 29, 1985 (50 FR 49164), and November 19, 1986 (51 FR
41900).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
B. [OPTIONAL: This is a reduced requirement.] State statutes and regulations
provide exceptions to the burning and blending of hazardous waste as specified in
§§3004(q)(2)(A) and 3004(r)(2) & (3).
Federal Authority: RCRA §§3004(q)2(A) and 3004(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.)
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Federal Authority: RCRA §3004(v)(1).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
(3) Corrective action is required beyond a facility's boundary in accordance with
RCRA §3004(v) for all landfills, surface impoundments and waste pile units
(including any new units, replacements of existing units or lateral expansions
of existing units) which receive hazardous waste after July 26, 1982.
Federal Authority: RCRA §3004(v)(2).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
(4) State statutes and regulations provide for the submission of 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.
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Federal Authority: RCRA §3004(u); 40 CFR 270.14 as amended December 1, 1987 (52
FR 45788).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
D. State statutes and regulations require that owners and operators of hazardous
waste treatment, storage and disposal facilities (including permit-by-rule facilities subject to
264.101) institute corrective action beyond the facility boundary to protect human health
and the environment, unless the owner/operator is denied access to adjacent lands despite
the owner/operator's best efforts, as indicated in Revision Checklist 44 B.
Federal Authority: RCRA §3004(v); 40 CFR 264.100(e) and 264.101(c), as amended
December 1, 1987 (52 FR 45788).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
E. State statutes and regulations contain the following corrective action
requirements for injection wells as indicated in Revision Checklist 44 C.
(1) Hazardous waste injection wells now operating under RCRA interim status
may retain interim status after issuance of a UIC permit. Until a RCRA
permit or a RCRA "rider" to a U 1C 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
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(3) UIC facility owners/operators must submit certain information related to
corrective action with their UIC applications.
Federal Authority: RCRA §3004(u); 40 CFR 270.60{b)(3) as amended December 1, 1987
(52 FR 45788).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
F. State statutes and regulations require that miscellaneous 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, 48, and 97 (with the latter two
providing technical corrections to Checklist 31).
Federal Authority: RCRA §3017; 40 CFR 262.50 as amended July 15, 1985 (50 FR
28702), August 8, 1986 (51 FR 28664), July 19, 1988 (53 Ffl 27164), and September 4,
1991 (56 FR 45704).
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
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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underground mines or caves. Deep injection well means a well used for the underground
injection of hazardous wastes other than a well to which §3020 of RCRA applies.
Federal Authority: RCRA §3004(b)-(q); 40 CFR 264.18 and 265.18 as amended July 15,
1985 (50 FR 28702).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
B. Effective on November 8, 1984, State statutes and regulations prohibit the
placement of any non-containerized or bulk liquid hazardous waste in any salt dome or salt
bed formation any underground mine or cave except as provided in 40 CFR §§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
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E. State statutes and regulations require that closure and post-closure requirements
and special requirements for containers apply to interim status landfills as indicated in
Revision Checklist 15.
Federal Authority: RCRA §3004; 40 CFR 265.310 and 265.315 as amended April 23, 1985
(50 FR 16044).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
F. State statutes and regulations require compliance with closure/post-closure and
financial responsibility requirements applicable to owners and operators of hazardous waste
treatment, storage and disposal facilities, as indicated in Revision Checklists 24, 36, and
45.
Federal Authority: RCRA §§3004 and 3005; 40 CFR Parts 260, 264, 265, and 270 as
amended May 2, 1986 (51 FR 16422), March 19, 1987 (52 FR 8704) and December 10,
1987 (52 FR 46946).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
G. [OPTIONAL: This is a reduced requirement.] State statutes and regulations
allow qualified companies that treat, store or dispose of hazardous waste to use a
corporate 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).
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. fOPTIONAL: This is a reduced requirement.] State statutes and regulations
allow owners and operators of landfills, surface impoundments, or land treatment units,
under limited circumstances, to remain open after the final receipt of hazardous wastes in
order to receive non-hazardous wastes in that unit as indicated in Revision Checklist 64.
Federal. Authority: RCRA §§1006, 2002(a), 3004, 3005 and 3006; 40 CFR 264.13,
264.112, 264.113, 264.142, 265.13, 265.112, 265.113, 265.142 and Appendix I to 270.42
as amended August 14, 1989 (54 FR 33376).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
K. State statutes and regulations require new and existing hazardous waste
treatment, storage or disposal facilities to control organic air emissions from process vents
and equipment leaks as indicated in Revision Checklists 79 and 87.
Federal Authority: RCRA §§1006, 2002, 3001-3007, 3010, 3014 and 7004; 40 CFR Parts
261, 264, 265 and 270 as amended June 21, 1990 (55 FR 25454) and April 26, 1991 (56
FR 19290).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
L. State statutes and regulations contain design, operating, inspection and closure
requirements for drip pads and associated tanks, sumps and other devices used to assist
in the collection of treated wood drippage as indicated in Revision Checklists 82 and 92.
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Federal Authority: RCRA §§2002(a) and 3001(b)&(e)(1); 40 CFR 262.34(a)(2), 264.190,
264.570, 264.571, 264.572, 264.573, 264.574, 264.575, 265.190, 265.440, 265.441,
265.442, 265.443, 265.444, 265.445 as amended December 6, 1990 (55 FR 50450), and
July 1, 1991 (56 FR 30192).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
M. [OPTIONAL: This is a reduced requirement.] State statutes and regulations
contain an administrative stay for the requirement that new drip pads be impermeable as
indicated in Revision Checklist 91.
Federal Authority: 5 U.S.C. 705; RCRA §§2002(a) and 3001(b)&(e)(1); 40 CFR
264.572(a)(4), and 265.443(a)(4) as amended June 13, 1991 (56 FR 27332).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
XVI. REQUIREMENTS FOR PERMITS
A. [OPTIONAL: This is a reduced requirement.] State statutes and regulations
allow a facility (1) to construct an approved TSCA facility for burning PCBs without first
obtaining a RCRA permit and (2) to subsequently apply for a RCRA permit in accordance
with Revision Checklist 17 M.
Federal Authority: RCRA §3005(a); 40 CFR 270.10(f)(3) as amended July 15, 1985 (50
FR 28702).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
B. State statutes and regulations require review of land disposal permits every five
years and modification of such permits as necessary to assure compliance with the
requirements in Parts 124, 260 through 266, and 270, as indicated in Revision Checklist
17 N.
Federal Authority: RCRA §3005(c)(3); 40 CFR 270.41 (a)(6) and 270.50(d) as amended
July 15, 1985 (50 FR 28702).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
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C. State statutes and regulations require permits to contain any conditions
necessary to protect human health and the environment in addition to any conditions
required by regulations as indicated in Revision Checklist 17 O.
Federal Authority: RCRA §3005(c)(3); 40 CFR 270.32(b) as amended July 15, 1985 (50
FR 28702).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
D. State statutes and regulations require that:
(1) For land disposal facilities granted interim status prior to 11/8/84, interim
status terminates 11/8/85; unless a Part B application and certification of
compliance with applicable groundwater monitoring and financial responsibility
requirements are submitted by 11/8/85, as indicated in Revision Checklist
17 P.
Federal Authority: RCRA §3005(e); 40 CFR 270.73(c) as amended July 15, 1985 (50 FR
28702).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
(2) For land disposal facilities in existence on the effective date of statutory or
regulatory changes under this Act that render the facility subject to the
requirement to have a permit and which is granted interim status, interim
status terminates 12 months after the date the facility first becomes subject
to such permit requirement unless a Part B application and certification of
compliance with applicable groundwater monitoring and financial responsibility
requirements are submitted by that date as indicated in Revision Checklist
17 P.
Federal Authority: RCRA §3005(e); 40 CFR 270.73(d) as amended July 15, 1985 (50 FR
28702).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
(3) Interim status terminates for incinerator facilities on 11/8/89 unless the
owner/operator submits a Part B application by 11/8/86 as indicated in
Revision Checklist 17 P.
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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
E. [OPTIONAL: This is a reduced requirement.] State statutes and regulations
allow facilities to qualify for interim status if they (1) are in existence on the effective date
of statutory or regulatory changes that render the facility subject to the requirement to have
a permit and (2) comply with §270.70(a) as indicated in Revision Checklist 17 P.
Federal Authority: RCRA §3005(e); 40 CFR 270.70(a) as amended July 15, 1985 (50 FR
28702).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
F. State statutes and regulations provide that facilities may not qualify for interim
status under the State's analogue to Section 3005(e) if they were previously denied a
Section 3005(c) permit or if authority to operate the facility has been terminated as
indicated in Revision Checklist 17 P.
Federal Authority: RCRA §3005(c)(3); 40 CFR 270.70(c) as amended July 15, 1985 (50
FR 28702).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
G. [OPTIONAL: This is a reduced requirement.] State statutes and regulations
allow the issuance of a one-year research, development, and demonstration permit
(renewable each year, but not for a period longer than three years) for any hazardous
waste treatment facility which proposes an innovative and experimental hazardous waste
treatment technology or 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
34 AGREV12 - 6/30/92 [Printed :9/23/93|
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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 grpundwater monitoring, unsaturated zone monitoring,
and corrective action requirements applicable to new units at the time of permitting as
indicated in Revision Checklist 17 L
Federal Authority: RCRA §3005(i); 40 CFR 264.90(a) as amended July 15, 1985 (50 FR
28702).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
I. State statutes and regulations require:
(1) Surface impoundments in existence on November 8, 1984 [or subsequently
becoming subject to RCRA pursuant to §3005(j)(6)(A) or (B)] to comply with
the double liner, leachate collection, and groundwater monitoring requirements
applicable to new units by November 8, 1988 [or the date specified in
§3005(j)(6)(A) or (B)] or to stop treating, receiving, or storing hazardous
waste, unless the surface impoundment qualifies for a special exemption
under §3005(j).
Federal Authority: RCRA §30050(1 )&(6)(A).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
(2) fOPTIONAL: 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).
35 AGREV12 - 6/30/92 |Print»d:9/23/93l
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Federal Authority: RCRA §3005(j)(2-9).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
J. fOPTIONAL: This is a reduced requirement.] Facility owners or operators are
given the opportunity to cure deficient Part A applications in accordance with 40 CFR
270.70(b) before failing to qualify for interim status as indicated in Revision Checklist 6.
Federal Authority: RCRA §3005; 40 CFR Part 270 as amended April 24, 1984 (49 FR
17716).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
K. State statutes and regulations allow the permit granting agency to initiate
modifications to a permit without first receiving a request from the permittee, in cases
where statutory changes, new or amended regulatory standards or judicial decisions affect
the basis of the permit as indicated in Revision Checklist 44 D.
Federal Authority: RCRA §3005(c); 40 CFR 270.41 (a)(3) as amended December 1, 1987
(52 FR 45788).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
L. State statutes and regulations require that permittees must comply with new
requirements imposed by the land disposal restrictions promulgated under Part 268 even
when there are contrary permit conditions, as indicated in Revision Checklist 44 E.
Federal Authority: RCRA §3006(g); 40 CFR 270.4(a) as amended December 1, 1987 (52
FR 45788).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
M. State statutes and regulations require information from permit applicants
concerning permit conditions necessary to protect human health and the environment as
indicated in Revision Checklist 44 F.
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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
O. 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
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Q. State statutes and regulations make it clear that existing incinerator facilities
must either conduct a trial burn or submit other information as specified in 270.19(a) or (c)
before a permit can be issued for that facility as indicated in Revision Checklist 60.
Federal Authority: RCRA §3005(b); 40 CFR Part 270 as amended January 30, 1989 [54
FR 4286).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
R. [OPTIONAL: This is a reduced requirement.] State statutes and regulations
allow greater flexibility to interim status facilities to make changes during interim status
following director approval as indicated in Revision Checklist 61.
Federal Authority: RCRA §§2002(a), 3004, 3005 and 3006; 40 CFR 270.72 as amended
March 7, 1989 (54 FR 9596).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
S. [OPTIONAL: This is a reduced requirement.] State statutes and regulations lift
the reconstruction limit for changes: 1) to certain interim status units necessary to comply
with Federal, State, or local requirements, 2) necessary to allow continued handling of
newly listed 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
38 AGREV12 - 6/30/92 print«d.«Z3«3|
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U. [OPTIONAL: This is a reduced requirement.] State statutes and regulations
that classify as Class 1 certain permit modifications requested by owners/operators
necessary to enable permitted facilities to comply with the land disposal restrictions as
indicated in Revision Checklist 61. Specifically these modifications include 1) adding
restricted wastes treated to meet applicable 40 CFR Part 268 treatment standards or
adding residues from treating "soft hammer" wastes, 2) adding certain wastewater treatment
residues and incinerator ash, 3) adding new wastes for treatment in tanks or containers
under certain limited conditions, and 4) adding new treatment processes, necessary to treat
restricted wastes to meet treatment standards, that take place in tanks or containers.
Federal Authority: RCRA §§2002(a), 3004, 3005 and 3006; 40 CFR 270.42 as amended
March 7, 1989 (54 FR 9596).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
V. State statutes and regulations incorporate updates to 40 CFR Part 124 as
indicated in Revision Checklist 70.
Federal Authority: RCRA §§6901 and 6902; 40 CFR 124.3, 124.5, 124.6, 124.10 and
124.12 as amended April 1, 1983 (48 FR 14146), June 30, 1983 (48 FR 30113), July 26,
1988 (53 FR 28118), September 26, 1988 (53 FR 37396) and January 4, 1989 (54 FR
246).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
W. State statutes and regulations contain Special Part B information requirements
for drip pads as indicated in Revision Checklists 82 and 92.
Federal Authority: RCRA §§2002(a) and 3001(b)&(e)(l); 40 CFR 270.22 as amended
December 6, 1990 (55 FR 50450) and July 1, 1991 (56 FR 30192).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
X. State statutes and regulations include permitting requirements for boilers and
industrial furnaces burning hazardous waste as indicated in Revision Checklists 85 and 94.
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Federal Authority: RCRA §§1006, 2002, 3001 through 3007; 40 CFR 270.22, 270.42(g),
270.42 Appendix I, 270.66, 270.72(a)(6)&(b)(7) and 270.73(f)&(g) as amended February 21,
1991 (56 FR 7134) and July 17, 1991 (56 FR 32688).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
XVII. MINIMUM TECHNOLOGICAL REQUIREMENTS
A. State statutes and regulations require that new units, expansions, and
replacements of interim status waste piles meet the requirements for a single liner and
leachate collection system in regulations applicable to permitted waste piles as indicated in
the Revision Checklist 17 H.
Federal Authority: RCRA §3015(a); 40 CFR 265.254 as amended July 15, 1985 (50 FR
28702).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
B. State statutes and regulation require:
(1) New units, expansions, and replacement units at interim status landfills and
surface impoundments and landfills and surface impoundments for which Part
B of the permit application is received by the proper authority after November
8, 1984, meet the requirements for double liners and leachate collection
systems applicable to new permitted landfills and surface impoundments in
40 CFR 264.221 and 264.301 and 265.221 and 265.301 as indicated in
Revision Checklists 17 H and 77.
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.
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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 §301 9(a); 40 CFR 270.1 0(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
Federal Authority: RCRA §301 9(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
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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 urimanifested 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) fOPTIONAL: The State statutes and regulations protect Confidential
Business Information (CBI) to the same degree as indicated in 40 CFR 2
and the Revision Checklist in Appendix N of the State Authorization Manual.
Note, that States do not have to protect CBI, to satisfy 3006(f). However, if
a State does.extend protection to CBI then it cannot restrict the release of
information that EPA would require to be disclosed.]
Federal Authority: RCRA §3006(f); 40 CFR §271.17(c).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
XX. STANDARDS FOR THE MANAGEMENT OF WASTE FUEL AND USED OIL AND
FOR THE BURNING OF THESE MATERIALS IN BOILERS AND INDUSTRIAL
FURNACES
A. State statutes and regulations contain the following requirements regarding the
burning of waste fuel and used oil fuel for energy recovery in boilers and industrial
furnaces as indicated in Revision Checklist 19:
(1) Waste fuels and used oil fuels are identified as solid wastes so as to
encompass all such wastes controlled under 40 CFR 261.3, 261.5 and 261.6.
(2) Special management standards for generators, transporters, marketers and
burners of hazardous waste and used oil burned for energy, as set forth in
40 CFR 264.340, 265.340, 266.30-35 and 266.40-44.
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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. fOPTIONAL: 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
C. State statutes and regulations include control standards for emissions of toxic
organic compounds, toxic metals, hydrogen chloride, chlorine gas and particulate matter
from boilers and industrial furnaces burning hazardous waste, and require owners and
operators of such facilities to comply with the general facility standards applicable to
hazardous waste treatment, storage and disposal facilities, as indicated in Revision
Checklists 85, 94 and 96. Hazardous waste storage units at regulated burners are subject
to the 40 CFR Part 264 requirements.
Federal Authority: RCRA §§1006, 2002, 3001 through 3007, 3010 and 7004; 40 CFR
260.10, 260.11, 261.3, 261.6, 264.112, 264.340, 265.112, 265.113, 265.340, 265.370, Part
266 Subpart H, and Part 266 Appendices I-X as amended February 21, 1991 (56 FR
7134), July 17, 1991 (56 FR 32688) and August 27, 1991 (56 FR 42504).
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
contain an administrative stay of the permitting standards for boilers and industrial furnaces
as they apply to coke ovens burning certain hazardous wastes from the coke by-products
recovery process as indicated in Revision Checklist 98.
Federal Authority: 5 U.S.C. 705; RCRA §§2002(a) and 3001(b)&(e)(1); 40 CFR 266.100(a)
as amended September 5, 1991 (56 FR 43874).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
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XXI. LAND DISPOSAL RESTRICTIONS
A. State statutes and regulations provide for the restrictions of the land disposal of
certain spent solvents and dioxin-containing hazardous wastes as indicated in Revision
Checklists 34, 39, and 50.
Federal Authority: §3004(d)-(k) and (m); 40 CFR Parts 260, 261, 262, 263, 264, 265, 268
and 270 as amended on November 7, 1986 (51 FR 40572), June 4, 1987 (52 FR 21010),
July 8, 1987 (52 FR 25760), and August 17, 1988 (53 FR 31138).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
B. State statutes and regulations for restricting the disposal of certain California list
wastes, including liquid hazardous waste containing polychlorinated biphenyls (PCBs) above
specified concentrations, and hazardous waste containing halogenated organic compounds
(HOCs) above specified concentrations as indicated in Revision Checklists 39, 50, and 66.
Federal Authority: RCRA §3004(d)-(k) and (m); 40 CFR Parts 262, 264, 265, 268 and 270
as amended on July 8, 1987 (52 FR 25760), October 27, 1987 (52 FR 41295), August 17,
1988 (53 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
0. State statutes and regulations for certain treatment standards and prohibition
effective dates for certain Second Third wastes and for imposing the "soft hammer"
44 AGREV12 - 6/30/92 [Print.d:9/23/93]
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OSWER DIRECTIVE NO. 9541.00-18
SPA 12
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 Checklists 78 and 83.
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) and January 31, 1991 (56 FR
3864).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
4 "Soft hammer" wastes are those wastes for which EPA did not promulgate treatment
standards by their respective effective dates. These wastes could continue to be
disposed of in a landfill or surface impoundment until May 8, 1990 if certain
demonstrations were made and the technology requirements of RCRA §3004(o)
were met. Other types of land disposal (e.g., underground injection) were not
similarly restricted. On May 6, 1990, wastes for which EPA had not established
treatment standards became prohibited from all types of land disposal. This latter
requirement is referered to as the "hard hammer" provision and ended the soft
hammer provisions which were in effect prior to May 6, 1990.
45 AGREV12 - 6/30/92 (Print«d:9/23/93|
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OSWER DIRECTIVE NO. 9541.00-18
SPA 12
G. fOPTIONAL: This is a reduced requirement.] State statutes and regulations
provide for alternate treatment standards for lab packs meeting certain criteria as indicated
in Revision Checklists 78 and 83.
Federal Authority: RCRA §3004(d)-(k) and (m); 40 CFR 264.316(f), 265.316(f), 268.7(a){7),
268.7(a)(8), 268.42(c), 268.42(c)(1)-(4), and Part 268 Appendices IV and V, as amended
June 1, 1990 (55 FR 22520) and January 31, 1991, (56 FR 3864).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
H. State statutes and regulations contain treatment standards under the land
disposal restrictions program for K061 as indicated in Revision Checklist 95.
Federal Authority: RCRA §3004(d)-(k) and (m); 40 CFR 268.41 and 268.42 as amended
August 19, 1991 (56 FR 41164).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
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.]
46 AGREV12 - 6/30/92 [Print*s/a/w]
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Seal of Office
OSWER DIRECTIVE NO. 9541.00-18
SPA 12
Signature
Name (Type or Print)
Title
Date
47 AGREV12 - 6/30/92 Printed 9/23/93]
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OSWER DIRECTIVE NO. 9541.00-18
SPA 12
I. Index to the checklist entries found in the
Model Revision Attorney General's Statement
Revision checklist number/name ' Subsections pertaining to checklist
1. Biennial Report VIII A
2. Permit Rule: Settlement
Agreement XV D
3. Interim Status Standards V A
4. Chlorinated Aliphatic Hydrocarbons .... I A(1)
5. National Uniform Manifests VII A
6. Permit Rule - Deficient Part A
Applications XVI J
7. Listing Warfarin & Zinc Phosphide .... I A(2)
8. Lime Stabilized Pickle Liquor Sludge ...ID
9. Exclusion of Household Waste IE
10. Interim Status Standards -
Applicability V A
11. Corrections to Test Methods Manual ...IF
12. Satellite Accumulation Standards IV A
13. Definition of Solid Wastes II A
14. Dioxin Listing and Management
Standards Ill A
15. Interim Status Standards for
Treatment, Storage, and Disposal
Facilities XV E
16. Paint Filter Test VI A
17 A. Small Quantity Generators
(Superceded: See Checklist 23) IB
17 B. Delisting 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
17 J. Cement Kilns XII A(1)&(2)
Continued...
48 AGREV12 - 6/30/92 [Printed 9/23/93]
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OSWER DIRECTIVE NO. 9541.00-18
I. Index to the checklist entries found in the SPA 12
Model Revision Attorney General's Statement (cont'd)
Revision checklist number/name Subsections pertaining to checklist
17 K. Fuel Labeling XII A(2)
17 L. Corrective Action XIII A(1),(2),(3)&(4); XVI H
17 M. Pre-construction Ban XVI A
17 N. Permit Life XVI B
17 0. 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 . . . XIIA(2); XX A
20. Spent Solvents Listing I A(4)
21. EDB Waste Listing I A(5)
22. Four Spent Solvents Listing I A(6)
23. Small Quantity Generators IB
24. Financial Responsibility:
Settlement Agreement XV F
25. Paint Filter Test - Correction VI A; X A
26. Listing of Spent Pickle Liquor I A(7)
27. Corporate Guarantee - Liability
Coverage XV G
28. Hazardous Waste Storage and Tank
Systems XV H
29. Correction - Commercial Chemical
Products and Appendix VIII I A(8)
30. Biennial Reports; Correction . VIII A; IX A
31. Exports of Hazardous Wastes XIV A
32. Standards for Generators - Waste
Minimization Certifications I B; VII A; IX A(1)&(2)
33. Listing of EBDC I A(9)
34. Land Disposal Restrictions XXI A
35. Revised Manual SW-846; Amended
Incorporation by Reference IF
36. Closure/Post-closure Care for
Interim Status Surface Impoundments . . XV F
Continued...
49 AGREV12 - 6/30/92 (Printed :9/23/93]
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OSWER DIRECTIVE NO. 9541.00-18
I. Index to the checklist entries found In the SPA 12
Model Revision Attorney General's Statement (cont'd)
Revision checklist number/name Subsections pertaining to checklist
37. Definition of Solid Wastes;
Technical Corrections II A
38. Amendments, Part B - Information
Requirements for Disposal Facilities . . . XIII B
39. California List Waste Restrictions XXI A; XXI B
40. List (Phase I) of Hazardous
Constituents for Ground-water
Monitoring XI C
41. Identification and Listing of
Hazardous Waste I A(8)
42. Exception Reporting for Small
Quantity Generators VII B
43. Liability Requirements; Corporate
Guarantee XV G
44 A. Permit Application Requirements
Regarding Corrective Action XIII C
44 B. Corrective Action Beyond Facility
Boundary XIII D
44 C. Corrective Action for Injection Wells . . . XIII E(1),(2}&(3)
44 D. Permit Modification XVI K
44 E. Permit as Shield Provision XVI L
44 F. Permit Conditions to Protect Human
Health and the Environment XVI M
44 G. Post-closure Permits . XVI N
45. Hazardous Waste Miscellaneous
Units VII C; XIII F; XV F; XV I; XVI 0
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
Continued...
50 AGREV12 • 6/30/92 [Printed 9/23/93|
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OSWER DIRECTIVE NO. 9541.00-18
I. Index to the checklist entries found in the SPA 12
Model Revision Attorney General's Statement (cont'd)
Revision checklist number/name Subsections pertaining to checklist
51. Liability Coverage for Owners/
Operators of Treatment, Storage,
and Disposal Facilities See Checklist 113
52. Standards for Hazardous Waste
Storage and Treatment Tank
Systems XV H
53. Identification and Listing of
Hazardous Waste; and Designation,
Reportable Quantities and
Notification I A(10), I I
54. Permit Modifications for Waste
Management Facilities XVI P
55. Statistical Methods for Evaluating
Ground-Water Monitoring Data from
Hazardous Waste Facilities XI D
56. Removal of Iron Dextran from the
Lists of Hazardous Wastes I A(11)
57. Removal of Strontium Sulfide from
the Lists of Hazardous Wastes I A(12)
t 58. Standards for Generators of
Hazardous Waste; Manifest
Renewal VII D
59. Hazardous Waste Miscellaneous
Units; Standards Applicable to
Owners and Operators XVI O
60. Amendment to Requirements for
Hazardous Waste Incinerator Permits . . XVI Q
61. Changes to Interim Status Facilities
for Hazardous Waste Management
Permits; XVI R & S
Modifications of Hazardous Waste
Management Permits; XVI U
Procedures for Post-Closure
Permitting XVI T
62. Land Disposal Restrictions
Amendments to First Third
Scheduled Wastes XXI C
63. Land Disposal Restrictions for
Second Third Scheduled Wastes XXI D & E
Continued...
51 AGREV12 • 6/30/92 (Printed :9/23/93|
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OSWER DIRECTIVE NO. 9541.00-18
I. Index to the checklist entries found In the SPA 12
Model Revision Attorney General's Statement (cont'd)
Revision checklist number/name Subsections pertaining to checklist
64. Delay of Closure Period for Hazardous
Waste Management Facilities XV J
65. Mining Waste Exclusion I I J(1)
66. Land Disposal Restrictions; Correction
to First Third Scheduled Wastes XXI B; XXI C
67. Testing and Monitoring Activities IK
68. Reportable Quantity Adjustment Methyl
Bromide Production Waste I A(13)
69. Reportable Quantity Adjustment I A(14)
70. Changes to Part 124 Not Accounted
for by Present Checklists XVI V
71. Mining Waste Exclusion II I J(2); VII E
72. Modification of F019 Listing I A(15)
73. Testing and Monitoring Activities;
Technical Corrections IK
74. Toxicity Characteristic Revisions I L
75. Listing of 1,1-Dimethylhydrazine
Production Wastes I A(16)
76. Criteria for Listing Toxic Wastes;
Technical Amendment I M
77. HSWA Codification Rule, Double Liners;
Correction XVII B(1)
78. Land Disposal Restrictions for
Third Third Scheduled Wastes I A(17); XXI F & G
79. Organic Air Emission Standards for
Process Vents and Equipment Leaks . . I N; XV K
80. Toxicity Characteristic; Hydrocarbon
Recovery Operations I O
81. Petroleum Refinery Primary and
Secondary Oil/Water/Solids Separation
Sludge Listings (F037 and F038) I A(18); I P
82. Wood Preserving Listings I A(19); I Q & R, XV L, XVI W
83. Land Disposal Restrictions for Third
Third Scheduled Wastes; Technical
Amendments I A(17); XXI F & G
84 Toxicity Characteristic;
Chlorofluorocarbon Refrigerants IS
85. Burning of Hazardous Waste in Boilers
and Industrial Furnaces I T & U; II B; XVI X; XX C
Continued...
52 AGREV12 • 6/30/92 (Print.d:9/23/93|
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OSWER DIRECTIVE NO. 9541.00-18
I. Index to the checklist entries found in the SPA 12
Model Revision Attorney General's Statement (cont'd)
Revision checklist number/name Subsections pertaining to checklist
86. Removal of Strontium Sulfide from the
List of Hazardous Waste; Technical
Amendment I A(12)
87. Organic Air Emission Standards for
Process Vents and Equipment Leaks;
Technical Amendment XV K
88. Administrative Stay for K069 Listing ... I A(20)
89. Revision to F037 and F038 Listings ... I A(21)
90. Mining Exclusion III I J(2)
91. Administrative Stay for F032, F034
and F035 Listings I A(22); XV M
92. Wood Preserving Corrections I Q & R; XV L; XVI W
93. Liability Requirements; Technical
Amendments See Checklist 113
94. Boilers and Industrial Furnaces
Correction/Technical Amendment I .... XVI X; XX C
95. Land Disposal Restrictions for
Electric Arc Furnace Dust (K061) I V & W; XXI H
96. Boilers and Industrial Furnaces
Technical Amendments II II B; XX C
97. Exports of Hazardous Waste;
Technical Correction XIV A
98. Administrative Stay for Certain
Coke Ovens XX D
99. Amendments to Interim Status
Standards for Downgradient Ground-
Water Monitoring Well Locations XI E
53 AGREV12 - 6/30/92 |Print«d:9/23/93)
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OSWER DIRECTIVE NO. 9641.00-18
SPA 12
II. 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 Sub-
title 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 Needed*-'
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.
54 AGREV12 • 6/30/92 [Printed:9/23/93]
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OSWER DIRECTIVE NO. 9541.00-18
Checklist Linkage Table
The following pages (numbered 3 through 7)
should replace pages 3 through 7 of
SAM Appendix H
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OSWER DIRECTIVE NO. 9541.00-18
SPA 12
Revision Checklist Linkage Table
as of December 31, 1991
Revision
Checklist Number
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
Linked
Checklists
17 D, 30
10
17 D.32,58
13
17 C
3
35,67,73
8,37
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
16 25 Paint Filter Test
17 A2 23,42,47 Small Quantity Generators
17 B — Delisting
17 C 9 Household Waste Exclusion
17 D 1,5,30,32,58 Biennial Report/National Uniform Manifest
17 E --- Salt Domes, Salt Beds, Underground
Mines and Caves Standards
17 F — Liquids in Landfills
17 G — Dust Suppression
17 H 77 Double Liners
171 — Ground-Water Monitoring
17 J — Cement Kilns
17 K3 1.9 Fuel Labeling
17 L — Corrective Action
17 M — Pre-construction Ban
17 N — Permit Life
17 O — Omnibus Provision
Continued...
3 LINK12 - 7/23/92 |Print«d:9/23/93i
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OSWER DIRECTIVE NO. 9541.00-18
Revision Checklist Linkage Table (cont'd) SPA 12
Revision
Checklist Number
17 P
17 Q
17 R4
17 S
18
195
20
21
22
23
24
25
26
27
286
297
30
Linked
Checklists
31,48,97
85
22
20
17 A.42,47
64
16
43
52
46
1,17 D
Topic or Explanation
Interim Status
Research and Development Permits
Hazardous Waste Exports
Exposure Information
TDI, TDA, & DNT Listing
Waste Fuel/Used Oil Fuel
Spent Solvents Listing
EOB 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
31 17 R.48,97 Exports of Hazardous Waste
32 5,17 D,58 National Uniform Hazardous Waste
Manifest
33 — EDBC Listing
34 39,50,62,63,66,78,83 Land Disposal Restrictions
35 11,67,73 Corrections - Test Methods Manual
36 — Surface Impoundments: Closure/Post
Closure Care
37 13 Definition of Solid Waste
38 — Part B Information Requirements
Amendment
39 34,50,62,63,66,78,83 Land Disposal Restrictions
40 — List of Hazardous Constituents for
Ground-Water Monitoring
41 — Container/Liner Residues
42 17 A.23,47 Small Quantity Generators
43 27 Corporate Guarantee
Continued.
4 LINK12 - 7/23/92 (Prints 9/23/93]
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OSWER DIRECTIVE NO. 9541.00-18
Revision Checklist Linkage Table (cont'd) SPA 12
Revision Linked
Checklist Number Checklists Topic or Explanation
44 A — Permits/Corrective Action
44 B — Corrective Action Beyond Facility
Boundary
44 C — Corrective Action for Injection Wells
44 D 54 Permit Modification
44 E — Permit as a Shield Provision
44 F — Permit Conditions/Health-Environment
44 G — Post-Closure Permits, Scope of
Requirement
45 59 Miscellaneous Units
46 29 Listings 261.33(e),(f) and Associated
Appendices
47 17 A.23,42 Small Quantity Generators
48 17 R,31,97 Hazardous Waste Exports
49 — Sample Exemption
50 34,39,62,63,66,78,83,95 Land Disposal Restrictions
51 93 Liability Coverage
52 28 Hazardous Waste Tank Systems
53 — Smelting Waste Listing
54 44 D Permit Modification
55 — Ground-Water Monitoring Statistical
Methods
56 — Iron Dextran Listing Removal
57 86 Strontium Sulfide Listing Removal
58 5,17 D.32 National Uniform Manifest
59 45 Miscellaneous Units
60 — Incinerator Permits
61 — Changes to Interim Status Facilities
Reconstruction Limits
54 Modifications to Hazardous Waste
Management Permits
Procedures for Post-closure Permitting
62 34,39,50,63,66,78,83 Land Disposal Restrictions
63 34,39,50,62,66,78,83 Land Disposal Restrictions
64 24 Delay of Closure Period for Hazardous
Waste Management Facilities
65 71,90 Mining Waste Exclusion I
Continued...
5 LINK12 - 7/23/92 fPrinted.9/23/93]
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OSWER DIRECTIVE NO. 9541.00-18
Revision Checklist Linkage Table (cont'd) SPA 12
Revision Linked
Checklist Number Checklists Topic or Explanation
66 34,39,50,62,63,78,83 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 65,90 Mining Waste Exclusion II
72 — Modification of F019 Listing
73 11,35,67 Analytical Test Methods
74 80,84 Revision of Toxicity Characteristics
75 — 1,1-Dimethylhydrazine Production Wastes
Listing
76 — Criteria for Listing Toxic Wastes
77 17 H Corrections - Double Liners
78 34,39,50,62,63,66,83 Land Disposal Restrictions
79 87 Organic Air Emission Standards for
Process Vents and Equipment Leaks
80 74,84 Toxicity Characteristic; Hydrocarbon
Recovery Operations
81 89 Petroleum Refinery Primary and
Secondary Oil/Water/Solids Separation
Sludge Listings (F037 and F038)
82 91,92 Wood Preserving Listings
83 34,39,50,62,63,66,78 Land Disposal Restrictions
84 74,80 Toxicity Characteristic
85 19,94,96,98 Burning of Hazardous Waste in Boilers
and Industrial Furnaces
86 57 Strontium Sulfide Listing Removal
87 79 Organic Air Emission Standards for
Process Vents and Equipment Leaks
88 — Administrative Stay for K069 Listing
89 81 Revision to F037 and F038 Listing
90 65,71 Mining Waste III
91 82,92 Administrative Stay for Wood Preserving
Wastes
92 82,91 Wood Preserving Listings; Technical
Corrections
Continued...
LINK12 - 7/23/92 [Pnm.d:9/23/93]
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OSWER DIRECTIVE NO. 9541.00-18
Revision Checklist Linkage Table (cont'd) SPA 12
Revision
Checklist Number
93
94
95
96
97
• 98
99
Linked
Checklists
51
85,96,98
50
85,94,98
31
85,94,96
—
topic or Explanation
Liability Requirements; Technical
Amendment
Boilers and Industrial Furnaces; Technical
Amendments I
Land Disposal Restrictions for Electric Arc
Furnace Dust (K061)
Boilers and Industrial Furnaces; Technical
Amendments II
Exports of Hazardous Waste; Technical
Correction
Coke Ovens Administrative Stay
Downgradient Ground-Water Monitoring
Well Locations
"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.
Superseded by Revision Checklist 85.
6 Contains sections superseded by Revision Checklist 52.
7 Superseded by Revision Checklist 46.
LINK12 • 7/23/92 [Printed:9/23/93l
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OSWER DIRECTIVE NO. 9541.00-18
ATTACHMENT C
Consolidated Boilers and Industrial Furnaces Checklist
Consolidated Wood Preserving Listings Checklist
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OSWER DIRECTIVE NO. 9541.00-18
Consolidated Boilers and Industrial Furnaces Checklist
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OSWER DIRECTIVE NO. 9541.00-18
SPA 12
CONSOLIDATED CHECKLIST
for the
Burning of Hazardous Waste in Boilers and Industrial Furnaces
as of December 31, 1991
1) This checklist consolidates changes to Federal code addressed by the following Boilers and
Industrial Furnaces (BIF) checklists: Revision Checklist 85 [56 FR 7134 (February 21, 1991)];
Revision Checklist 94 [56 FR 32688 (July 17, 1991)]; Revision Checklist 96 [56 FR 42504 (August 27,
1991)]; and Revision Checklist 98 [56 £R 43874 (September 5, 1991)]. The "Checklist Reference"
column indicates which of these checklists have affected each listed citation.
2) Note that the regulations addressed by this checklist typically do not make a distinction between
the various types of burning devices. However, the provisions in the regulations as they apply to
sludge dryers, carbon regeneration units, infrared incinerators, and plasma arc incinerators are
considered to be non-HSWA requirements, while the regulations as they apply to all other types of
burning devices are HSWA provisions. EPA will implement the HSWA requirements in authorized
States until the States modify their programs and such modifications are approved by EPA. The non-
HSWA requirements are applicable only in those States which are unauthorized. In authorized States,
the non-HSWA requirements will not be applicable until the States revise their programs to adopt
equivalent requirements under State law.
3) Revision Checklist 98 addresses an administrative stay of the permitting standards for boilers and
industrial furnaces (BIFs) adopted pursuant to the February 21, 1991 (56 FR 7134; Revision Checklist
85) final rule as it applies to coke ovens burning certain hazardous wastes from the coke by-products
recovery process. The primary effect of the stay is to halt the application of industrial furnace
standards to coke ovens when they reprocess non-K087 hazardous wastes while the Agency can
evaluate comments on a pending regulatory proposal to exclude certain wastes from Subtitle C
jurisdiction when recycled by reprocessing in coke ovens. This means that on August 21, 1991 coke
ovens may continue to process residues from the by-products recovery process that exhibit the TC
without the coke oven having to comply with the BIF regulations. The effects of the administrative
stay are uniform in all States, as the BIF rule is based on HSWA authority. The Agency encourages
States to follow deferring the effective date of the BIF rule for coke ovens as is announced in this
stay. However, States may elect to implement the BIF rule with an earlier effective date than
specified in this stay, as a matter of State law. Because this stay makes existing Federal
requirements less stringent, the changes addressed by Revision Checklist 98 are optional.
Page 1 of 121 ceiF9iD.i2 - 5/19/92 prim.* 9/23/93]
-------
OSWER DIRECTIVE NO. 9541.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces as of December 31, 1991 (cont'd)
SPA-12
FEDERAL REQUIREMENT
CHECK-
LIST
REFERENCE
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
change "Parts 260
through 265 and 268"
to "Parts 260 through
266 and 268"
"carbon regeneration
unit"
revise "incinerator"
replace "controlled
flame devices" with
"thermal treatment" in
introductory text of
the definition for
"industrial furnace"
redesignate para-
graph (12) in the
definition for
"industrial furnace"
as paragraph (13);
add new paragraph
(12) that adds
halogen acid furnaces
to the list of devices
considered industrial
furnaces
"infrared incinerator"
"plasma arc
incinerator"
"sludae drver"
85
85
85
85
85
85
85
85
260.1 0(intro)
260.10
260.1 0(1)&(2)
260.10
260.10(12)&(13)
260.10
260.10
260.10
Page 2 of 121
CBIF91D.12 - 5/19/92 |Pnnt«d: 9/23/93]
-------
OSWER DIRECTIVE NO. 9541.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPA 12
FEDERAL REQUIREMENT
CHECK-
LIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
REFERENCES
add to the first set
of listings, in alpha-
betical order: "U.S.
EPA, Screening
Procedures for Esti-
mating the Air Quality
Impact of Stationary
Sources..."
85
260.11 (a)
PART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
SUBPART A - GENERAL
1 DEFINITION OF SOLID WASTE
redesignate (d)(2) as
(d)(3); add paragraph
regarding secondary
materials fed to a
halogen acid furnace
that exhibit a
characteristic or are
a listed waste;
exception for bromi-
nated material that
meets certain criteria
material must
contain a bromine
concentration of at
least 45%
material must
contain less than
a total of 1% of
toxic organic
compounds listed
in Appendix VIII
material is processed
continually on-site
in the halogen acid
furnace via direct
conveyance
85,94,96
96
96
96
261.2(d)(2)
261.2(d)(2)(i)
261 .2(d)(2)(ii)
261.2(d)(2)(iii)
Page 3 of 121
CBIF91D.12 - 5/19/92 (Print* 9123/93}
-------
OSWER DIRECTIVE NO. 9541.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
FEDERAL REQUIREMENT
redesignate old
261.2(d)(2) as
261.2(d)(3)
CHECK-
LIST
REFERENCE
85.94
FEDERAL RCRA CITATION
261.2(dH3)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
DEFINITION OF HAZARDOUS WASTE
replace
"261.6(a)(3)(v)
through (ix)" with
"261.6(a)(3)(v)
throuah (viii)"
94,96
261.3(c)(2)(ii)(B)
EXCLUSIONS
add exclusion for
coke and coal tar
when used as a fuel
that contains or is
produced from K087;
production process in
a coke oven also
excluded from
requlation
insert "except as
provided by §266.112
of this chapter for
facilities that burn or
process hazardous
waste" at end of
oaraaraoh
revise first sentence
to include phosphate
rock and overburden
from the mining of
uranium ore in the
existing parenthetical
phrase; insert "except
as provided by
§266.112 of this
chapter for facilities
that burn or process
hazardous waste" at
end of first
sentence
85
85
85
261.4(a)(10)
261.4tt>)(4)
261.4(b)(7)
Page 4 of 121
CBIF91D.12 - 5/19/92 (PnnM 9/23/93]
-------
OSWER DIRECTIVE NO. 9541.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPA 12
FEDERAL REQUIREMENT
add "except as
provided by §266.112
of this chapter for
facilities that burn or
process hazardous
waste" to end of
paragraph
CHECK-
LIST
REFERENCE
85
FEDERAL RCRA CITATION
261.4(b)(8)
REQUIREMENTS FOR RECYCLABLE MATERIALS
replace the letter
"G" with "H"
replace "Subpart D"
with "Suboart H"
remove existing para-
graph 261.6(a)(3)(vii)
and redesignate
261.6(a)(3)(viii) as
261.6(a)(3)(vii)
redesignate
k61.6(a)(3)(ix) as
261.6(aH3)(viii)
94
94
85
85
261.6(a)(2)
261.6(a)(2Hii)
261 .6(a)(3)(vii)
261.6(a)(3)(viii)
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 G - CLOSURE AND POST-CLOSURE
CLOSURE OF PLAN; AMENDMENT OF PLAN
add sentence
regarding written
notification of
Regional
Administrator
at least 45 days prior
to partial or final
closure of a boiler or
industrial furnace
85
264.112(d)(1)
Page 5 of 121
CBIF91D.12 - 5/19/92 [Pnm.0 3123193]
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OSWER DIRECTIVE NO. 9541.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
FEDERAL REQUIREMENT
CHECK-
LIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
SUBPART O - INCINERATORS
APPLICABILITY
regulations apply to
owners and operators
of hazardous waste
incinerators (as
defined in 260.10)
except as 264.1
provides otherwise
85
•
264.340(a)
PART 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF
HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES
SUBPART G - CLOSURE AND POST-CLOSURE
CLOSURE PLAN: AMENDMENT OF PLAN
insert "or by six
months after the
effective date of the
rule that first subjects
a facility to provisions
of this section" after
"Bv Mav 19. 1981"
85
265.112(a)
Page 6 of 121
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-------
OSWER DIRECTIVE NO. 9541.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPA 12
FEDERAL REQUIREMENT
add sentence
regarding submittal
of closure plan
at least 45 days
prior to beginning
partial or final closure
of a boiler or indus-
trial furnace; add
sentence regarding
written notification at
least 45 days prior to
beginning partial or
final closure of a
boiler or industrial
furnace when the
owner or operator
has an approved
closure plan
date when owner or
operator "ex-
pects to begin
closure" must be
either
compliance dates for
hazardous waste
units receiving final
or most recent
volume of hazardous
wastes; extension by
Regional
Administrator, or
compliance dates for
hazardous waste
units meeting
265.113(d) require-
ments receiving final
volume or most
recent volume non-
hazardous wastes;
extension by
Regional
Administrator
CHECK-
LIST
REFERENCE
85
85,96
85,96
85,96
i
FEDERAL RCRA CITATION
265.1 12(d)(1)
265.1 12(d)(2)
265.1 12(d)(2)(i)
265.1 12(d)(2)(ii)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
Page 7 of 121
CBIF91D.12 - 5/19/92 [Printed: 9/23/93)
-------
OSWER DIRECTIVE NO. 9641.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPA 12
FEDERAL REQUIREMENT
CHECK-
LIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE I BROADER
STRINGENT I IN SCOPE
CLOSURE: TIME ALLOWED FOR CLOSURE
3 within 90 days after
receiving final volume
of hazardous or non-
hazardous wastes if
owner/operator
complies with
265.1 13(d)&(e)
requirements or
90 days after
approval of closure
plan, whichever is
later; criteria for
extension by Regional
Administrator
3 complete partial and
final closure within
180 days after
receiving final
volume of hazardous
or non-hazardous
waste if
owner/operator
complies with
265.1 13(d)&(e)
requirements or
180 days after
approval of closure
plan, whichever is
later; extension by
Regional
Administrator
85,96
85,96
265.113(a)
265.1 13(b)
Page 8 of 121
CBIF91D.12 - 5/19/92 [Printed: 9/23/93)
-------
OSWER DIRECTIVE NO. 9541.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPA 12
FEDERAL REQUIREMENT
CHECK-
LIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
SUBPART O - INCINERATORS
APPLICABILITY
regulations apply to
owners and operators
of hazardous waste
incinerators (as defined
in 260.10) except as
264.1 provides
otherwise •
85
265.340(3)
SUBPART P - THERMAL TREATMENT
OTHER THERMAL TREATMENT
delete "."
at the end and
insert ", and Subpart H
of Part 266, if the
unit is a boiler or
an industrial furnace
as defined
in §260.10."
94
265.370
PART 266 - STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES
AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES
SUBPART D - HAZARDOUS WASTE BURNED FOR ENERGY RECOVERY
remove and reserve
Suboart D
85
266.30-266.35
SUBPART E - USED OIL BURNED FOR ENERGY RECOVERY
APPLICABILITY
4 replace "Subpart D
of Part 266" with
"Subpart H of
Part 266"
94,96
266.40(c)
Page 9 of 121
CBIF91D.12 • 5/19/92 [Print** 9/23/93]
-------
OSWER DIRECTIVE NO. 9541.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPA 12
FEDERAL REQUIREMENT
replace "Subpart D"
with "Suboart H"
CHECK-
LIST
REFERENCE
94,96
FEDERAL RCRA CITATION
266.40(d)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
SUBPART H - HAZARDOUS WASTE BURNED IN BOILERS AND INDUSTRIAL FURNACES
APPLICABILITY
regulations apply to
hazardous waste
burned or processed
in a boiler or industrial
furnace, ^respective of
purpose, except as
266.1 00(b),(c),
and (d) provide;
definition of "burn";
266.104-266.107
emissions standards
apply to interim status
or permitted facilities;
note stating the
provision does not
apply to coke ovens
processing coke
by-products wastes ex-
hibiting the Toxicity
Characteristic identi-
fied in 261.24 pending
completion of
proposed July 26
1991 rulemakinq
hazardous wastes and
facilities not subject
to regulation under
Suboart H:
used oil burned for
energy recovery that
is hazardous solely
because it exhibits a
characteristic; regulated
under 266, Suboart E
gas recovered from
landfills and burned
for energy recovery
85,
96,t98
85
85
85,94
266.100(a)
266.1 00(b)
266.1 OO(b)d)
266.1 00(b)(2)
Page 10 of 121
CBIF91D.12 - 5/19/92 (Print*: a/23/93]
-------
OSWER DIRECTIVE NO. 9541.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPA 12
FEDERAL REQUIREMENT
exempt hazardous
wastes under 261.4
and261.6(a)(3)(v)-(viii);
CESQG hazardous
wastes under 261.5
coke ovens burning
only K087
owners and operators
of smelting, melting
and refining furnaces
processing hazardous
waste solely for metal
recovery conditionally
exempt, except for
266.101 and 266.112
requirements for
exemption from
266.102 through
266.111 for owner
or operator of metal
recovery furnace;
owner or operator
of a lead or a nickel-
chromium recovery
furnace, or certain
metal recovery
furnaces subject
to 266.100(c)(3)
requirements
one-time written
notice indicatina:
owner or operator
claims 266.100(c)
exemption
metal recovery as per
266.1 00(c)(2)
provisions
recoverable levels of
metals
compliance with
266.100 sampling and
analysis and record-
keeDinq requirements
CHECK-
LIST
REFERENCE
85.94
85
85
85.96
85
85
85
85
85
FEDERAL RCRA CITATION
266.1 00(b)(3)
266.100(b)(4)
266.100(c)
266.1 OO(c)d)
266.1 OO(c)MHi)
266.1 00(c)(1)(i)(A)
266.1 OO(c)mnHB)
266.1 00(cH1W)(C)
266.1 00(c)m(WD)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
Page 11 of 121
CBIF91D.12 - 5/19/92 [Printed: 9/23/93]
-------
OSWER DIRECTIVE NO. 9541.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
FEDERAL REQUIREMENT
sample and analyze
hazardous waste and
other feedstocks as
necessary using
specified procedures
or alternative methods
that meet or exceed
SW-846 method
performance capabilities
situation where "best
available method"
is used
maintain specified
records at facility for
at least three vears
criteria under which
a hazardous waste is
not processed solely
for metal recovery
total concentration of
261, Appendix VIII
organic compounds
exceeds 500 ppm by
weight and are con-
sidered burned for
destruction;
reduction of
organic compound
concentration
to the 500 ppm
limit by bona fide
treatment; blending
for dilution to meet
the 500 ppm limit
is prohibited;
retention of
documentation in
records required by
266.1 00(c)(1)(iii)
CHECK-
LIST
REFERENCE
85,96
85
85
85,96
FEDERAL RCRA CITATION
266.1 00(c)(1)(ii)
266.1 00(c)(1Miii)
266.1 00(cH2)
266.1 00(cM2W)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
Page 12 of 121
CBIF91D.12 - 5/19/92 (Printed 9/23/93]
-------
OSWER DIRECTIVE NO. 9541.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPA 12
FEDERAL REQUIREMENT
heating value of
5,000 Btu/lb or more
and considered
burned as fuel;
reduction of
the heating value
to below 5,000 Btu/lb
by bona fide
treatment; blending
for dilution to meet
the 5,000 Btu/lb limit
is prohibited;
retention of
documentation in
records required by
266.1 00(c){1)(iii)
requirements
for exemption
from 266.102
through 266.111 for
owner or operator
of certain
metal recovery
furnaces; written
notice to director;
266.1 00(c)(1)
compliance
exemption from
266.1 00(c)(1)
requirements for
hazardous wastes
listed in Appendices
XI and XII, Part 266,
and bag house bags
used to capture
metallic dusts
emitted by steel
manufacturing,
provided:
waste contains
recoverable levels
of specified metals
CHECK-
LIST
REFERENCE
85,96
96
96
96
FEDERAL RCRA CITATION
266.1 00(c)(2)(ii)
266.100(0(3)
266.1 00(c)(3)(i)
266.1 00(c)(3)(i)(A)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
"ESUlV^
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
i
3
Page 13 of 121
CBIF91D.12 - 5/19/92 [Print*: 9123193]
-------
OSWER DIRECTIVE NO. 9541.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPAJ2
FEDERAL REQUIREMENT
waste does not
exhibit the Toxicity
Characteristic of
26 1.24 for an
orqanic constituent
waste is not a
hazardous waste
listed in Part 261
Subpart D because it
is listed for an
organic constituent
as identified in
Appendix VII of
Part 261
certification by
owner or operator
under 266.100(c)(3)
regarding hazardous
waste; sampling and
analysis or other
information to assure
compliance; sampling
and analysis con-
ducted according to
266.1 00(c)(1)(ii);
maintain records to
document compliance
with (c)(3) for at
least three years
basis for
case-by-case
decisions regarding
toxic organic
constituents;
metal recovery
furnace subject to
Subpart H require-
ments after adequate
notice and
opportunity for
comment; factors
Director will
consider:
CHECK-
LIST
REFERENCE
96
96
96
96
FEDERAL RCRA CITATION
266.1 00(c)(3)(i)(B)
266.1 00(c)(3)W(C)
266.1 00(c)(3)(i)(D)
266.1 00(c)(3)(ii)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV
ALEN
MORE
STRINGENT
BROADER
IN SCOPE
Page 14 of 121
CBIF91D.12 - 5/19/92 (Pnnt.d 9/23/93]
-------
OSWER DIRECTIVE NO. 9541.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPA 12
FEDERAL REQUIREMENT
concentration and
toxicity of organic
constituents in the
material
level of destruction
of toxic constituents
provided by the
furnace
acceptable ambient
levels established
in Appendices IV
or V exceeded for
any toxic organic
compound that may
be emitted based on
certain conditions
266.111 direct transfer
operation standards
apply only to
facilities subject to
266.102 or 266.103
standards
266.112 residue
management standards
apply to any boiler or
industrial furnace
burning hazardous
waste
conditional exemption
from Subpart H
requirements for
owners or operators
of certain smelting,
melting, and refining
furnaces, except
for 266.1 12;
to be exempt from
266.101 through
266.111, an owner
or operator must:
provide a
one-time written
notice indicatinq:
CHECK-
LIST
REFERENCE
96
96
96
85
85
96
96
FEDERAL RCRA CITATION
266.1 00(C)(3)(H)(A)
266.1 00(c)(3Hii)(B)
266.1 00(c)(3)(ii)(C)
266.1 00(d)
266.100(6)
266.1 00(f)
266.1 OO(f)d)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
Page 15 of 121
CBIF91D.12 - 5/19/92 (Print* 10/1 s/93)
-------
OSWER DIRECTIVE NO. 9541.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPA
FEDERAL REQUIREMENT
CHECK-
LIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
owner or operator
claims 266.100(f)
exemption
96
266.100(0(1 UP
hazardous waste is
burned for legitimate
recovery of
precious metal
96
266.1 oomd Kin
compliance with
266.100(f) sampling
and analysis and
recordkeeping
requirements
96
266.100(0(1 )(iii)
sample and analyze
hazardous waste as
necessary using
specified procedures
96
266.100(0(2)
maintain specified
records at facility for
at least three years
96
266.100(0(3)
MANAGEMENT PRIOR TO BURNING
generators of hazard-
ous waste that is
burned in a boiler or
industrial furnace
subject to Part 262
85
266.101(a)
transporters of hazard-
ous waste that is
burned in a boiler or
industrial furnace
subject to Part 263
85
266.10Kb)
Page 16 of 121
CBIF91D.12 - 5/19/92 |Pnm.d 9/23/93]
-------
OSWER DIRECTIVE NO. 9541.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPA 12
FEDERAL REQUIREMENT
owners and operators
of facilities that store
hazardous waste
burned in a boiler or
industrial furnace sub-
ject to 264 and 265,
subparts A through L,
and 270, except as
provided by
266.1 01 (c)(2); stan-
dards applicable to
storage by burners
and intermediary
facilities
generators of hazar-
dous waste who burn
on-site in boilers or
industrial furnaces
exempt from
regulation under
266.108 small
quantity burner
provisions are exempt
from regulation under
264 and 265,
subparts A through L,
and 270 with respect
to storage of mixtures
of hazardous waste
and the primary fuel
in tanks that feed
mixture directly to
burner; hazardous
waste storage prior to
mixing subject to
266.1 01 (c)(1)
reaulation
CHECK-
LIST
REFERENCE
85
85
FEDERAL RCRA CITATION
266.1 01 (c)(1)
266.1 01 (cH2)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
Page 17 of 121
CBIF91D.12 - 5/19/92 (Printed: 9/23/93)
-------
OSWER DIRECTIVE NO. 9541.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPA 12
FEDERAL REQUIREMENT
CHECK-
LIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV- 1 MORE
ALENTl STRINGENT
BROADER
IN SCOPE
PERMIT STANDARDS FOR BURNERS
owners and operators
not operating under
interim status and not
exempt under 266.108
small quantity burner
exemption are
subject to
266.102, 270.22 and
270.66 requirements
applicable 264
provisions:
85
85
266.1 02(a)(1)
266.1 02(a)(2)
266.1 02(a)(2)(i)
266.1 02(a)(2)(ii)
266.1 02(a)(2)(iii)
266.1 02(a)(2)(iv)
266.1 02(a)(2)(v)
266.1 02(a)(2)(vi)
266.1 02(a)(2)(vii)
266.1 02(a)(2)(viii)
266.1 02(a)(2)(ix)
Page 18 of 121
CBIF91D.12 - 5/19/92 |Pnnt«d: 9/23/93]
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OSWER DIRECTIVE NO. 9541.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPA 12
FEDERAL REQUIREMENT
analysis to quantify
concentration of any
261, Appendix VIII
constituent at levels
detectable by specified
analytical procedures,
alternative methods or
best available method;
identification;
explanation of consti-
tuents excluded from
analysis; analysis pro-
vides 270.22 and
270.66 information to
prescribe permit con-
ditions; analysis
included in Part B
permit application or
in trial burn plan for
interim status facilities;
owners/operators of
units not operating
under interim status
include 270.22 or
270.66(c) information
in Part B application,
to extent possible
sampling and analysis
throughout normal
operation to ensure
permit-specified
physical and chemical
composition limits
are met
compliance with
266.104 through
266.107 emissions
standards
CHECK-
LIST
REFERENCE
85,94,96
85
85
FEDERAL RCRA CITATION
266.1 02(Wm
266.1 02(b)(2)
266.102(c)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
Page 19 of 121
CBIF91D.12 - 5/19/92 [Printed 9/23/931
-------
OSWER DIRECTIVE NO. 9541.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
FEDERAL REQUIREMENT
burn only hazardous
wastes specified in
permit under
266.102(e) operating
conditions; exception
for approved trial
burns under 270.66
conditions
new permit or permit
modification necessary
to burn hazardous
waste not 'Specified
in permit; trial burn
results or Part B
alternative data form
basis for new waste
operatinq requirements
266.103 interim status
boilers and industrial
furnaces permitted
under 270.66(g)
procedures
permit for new boiler
or industrial furnace
must establish
appropriate conditions
for each applicable
266.102 requirement
in order to comply
with specified
standards:
CHECK-
LIST
REFERENCE
85
85
85
85
FEDERAL RCRA CITATION
266.1 02(d)(1)
266.1 02(d)(2)
266.1 02(d)(3)
266.1 02(d)(4)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
Page 20 of 121
CBIF91D.12 - 5/19/92 [Printed 9/23*3)
-------
OSWER DIRECTIVE NO. 9541.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPA 12
FEDERAL. REQUIREMENT
for period beginning
with initial introduction
of hazardous waste
and ending with
initiation of trial burn;
such period not to
exceed 720 hours;
operating requirements
in compliance with
266.104-266.107
emissions standards;
applicable provisions
when seeking waiver
from a trial burn;
extension for up to
720 additional hours
by Director
based on good
cause demonstration
during trial burn,
operating requirements
sufficient for 266.104-
266.107 emissions
compliance and in
accordance with
approved trial burn
plan
immediately after trial
burn, for minimum
period needed to
allow sample analysis,
data computation,
submission and review
of trial burn results,
and permit
modification, operating
requirements to
ensure 266.104-
266.107 emissions
compliance
CHECK-
LIST
REFERENCE
85
85
85
FEDERAL RCRA CITATION
266.1 02(d)(4)(i)
266.1 02(d)(4)(ii)
266.1 02(d)(4)(iii)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
Page 21 of 121
CBIF91D.12 - 5/19/92 (Printed: <«3/93l
-------
OSWER DIRECTIVE NO. 9541.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
FEDERAL REQUIREMENT
for duration of permit,
operating require-
ments based on trial
burn or 270.22
alternative data,
sufficient to ensure
266.104-266.107
emissions compliance
operating require-
ments specified in the
permit apply at all
times where
hazardous waste
is in unit
operating conditions,
either case-by-case
for each hazardous
waste to ensure
compliance with
266.104(a) ORE
performance standard
or special operating
requirements provided
by 266.1 04(a)(4) ORE
trial burn waiver;
when no waiver, each
set of operating
requirements will
specify composition of
hazardous waste to
which they apply;
permit-specified
operating limits for
each hazardous waste
include:
feed rate of
hazardous waste and
other fuels as
per 266.1 02(e)(6)
CHECK-
LIST
REFERENCE
85.94
85
85
85
FEDERAL RCRA CITATION
266.102(d)(4Hiv)
266.1 02(e)(1)
266.1 02(e)(2)(i)
266.102(e)(2)(i)(A)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
• MORE
STRINGENT
BROADER
IN SCOPE
Page 22 of 121
CBIF91D.12 - 5/19/92 (Printed: 9/23/93)
-------
OSWER DIRECTIVE NO. 9541.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPA 12
FEDERAL REQUIREMENT
minimum and
maximum device
production rate
when producing
normal product as
per 266.102(e)(6)
appropriate controls
of hazardous waste
firinq system
allowable variation in
boiler and industrial
furnace system design
or operating
procedures
minimum combustion
gas temperature
measured at a
^location indicative of
Bbombustion chamber
temperature as per
266.1 02(e)(6)
appropriate indicator
of combustion gas
velocity as per
266.1 02{e)(6), unless
270.66 documentation
other operating
requirements to
ensure 266.104(a)
ORE compliance
permit must
incorporate carbon
monoxide (CO) limit
and, as appropriate,
hydrocarbon (HC) limit
asper266.104(b)-(f);
permit limits
specified:
when complying with
266.1 04(b)(1) CO
standard, permit limit
is 100 ppmv
CHECK-
LIST
REFERENCE
85
85
85
85
85
85
85
85
FEDERAL RCRA CITATION
266.1 02(e)(2)(i)(B)
266.1 02(e)(2)(i)(C)
266.1 02(e)(2)(i)(D)
266.1 02(e)(2)(i)(E)
266.1 02(e)(2)(i)(F)
266.1 02(e)(2)(i)(G)
266.1 02(e)(2)(ii)
266.102(e)(2)(ii)(A)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV
ALEN
MORE
STRINGENT
BROADER
IN SCOPE
Page 23 of 121
CBIF91D.12 - 5/19/92 [Printed: 9/23/93)
-------
OSWER DIRECTIVE NO. 9541.00-18
SPA 12
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
FEDERAL REQUIREMENT
when complying with
266.104(c) alternative
CO standard, permit
limit based on trial
burn, established as
specified average, and
permit limit for HC
is 20 ppmv, except as
266.104(f) provides
when complying with
266.104(f) alternative
HC limit, permit limit
for HC and CO is
baseline level when
hazardous waste is
not burned
no hazardous waste
as feed during start-up
and shut-down, unless
device is operating
within permit
conditions; exception
except as provided
in 266.1 02(e)(3)(ii)
and (iii), operating
requirements the
permit will specify to
ensure 266.105 partic-
ulate standard
compliance:
total ash feed rate
from hazardous waste,
other fuels, and
industrial furnace
feedstocks, as per
266.1 02(e)(6)
maximum device
production rate when
producing normal
product as per
266.1 02(eH6)
CHECK-
LIST
REFERENCE
85
85
85
85
85
85
FEDERAL RCRA CITATION
266.1 02(e)(2)(ii)(B)
266.1 02(e)(2)(ii)(C)
266.1 02fe)(2)(iii)
266.1 02(e)(3)W
266.1 02(e)(3)(iHA)
266.1 02(e)(3)(i)(B)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
Page 24 of 121
CBIF91D.12 - 5/19/92 [Pnnt«d 9/23/93]
-------
OSWER DIRECTIVE NO. 9641.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPA 12
FEDERAL REQUIREMENT
operation and main-
tenance controls for
hazardous waste firing
system and air pollu-
tion control system
allowable variation in
system design
including air
pollution control
system or operating
procedures
other operating
requirements to ensure
266.11 1(b) paniculate
standard compliance
no permit conditions to
ensure paniculate
standard compliance
for 266.105(b) exempt
facilities
for cement kilns and
light-weight aggregate
kilns, permit conditions
shall not limit ash
content of hazardous
waste or other feed
materials
operating requirements
the permit will specify
to conform with
266.1 06(b) or (e)
Tier I or adjusted
Tier I metals feed rate
screening limits:
total feed rate of each
metal in hazardous
waste, other fuels, and
industrial furnace
feedstocks as per
266.1 02(e)(6)
total feed rate of
hazardous waste as
per 266.102(e)(6)
CHECK-
LIST
REFERENCE
85
85
85
85
85
85
85
85
FEDERAL RCRA CITATION
266.1 02(e)(3Hi)(C)
266.1 02(e)(3)(i)(D)
266.1 02(e)(3)(i)(E)
266.1 02(e)(3)(ii)
266.102(e)(3Hiii)
266.1 02(e)(4)(i)
266.1 02(e)(4)(i)(A)
ANALOGOUS
STATE CITATION
266.1 02(e)(4)(i)(B)
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
Page 25 of 121
CBIF91D.12 - 5/19/92 (Printed $123193]
-------
OSWER DIRECTIVE NO. 9641.00-18
SPA 12
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
FEDERAL REQUIREMENT
sampling and metals
analysis oroaram
operating requirements
the permit will specify
to conform with
266.1 06(c) Tier II
metals emission rate
screening limits and
266.1 06(d) Tier III
metals controls:
maximum emission
rate for each metal
based on average
rate during
trial burn
feed rate of total and
pumpable hazardous
waste as per
266.1 02(e)(6)(i)
7 feed rate of each
metal in specified
feedstreams,
measured and
specified as per
266.1 02(e)(6)
total feed rate of
chlorine and chloride
in total feedstreams
as per 266.1 02(e)(6)
maximum combustion
gas temperature
measured at location
indicative of combus-
tion chamber tempera-
ture as per
266.1 02(e)(6)
maximum flue gas
temperature at inlet
to paniculate matter
air pollution control
system as per
266.1 02(e)(6)
CHECK-
LIST
REFERENCE
85,94
85
85
85
85
85.96
85
85
85
FEDERAL RCRA CITATION
266.1 02(e)(4)(i)(C)
266.1 02(e)(4)(ii)
266.1 02(e)(4)(ii)(A)
266.1 02(e)(4Kii)(B)
266.1 02(e)(4)(ii)(C)
266.1 02(e)(4)(iiHC)(7)
266.1 02(e)(4)(ii)(C)(2)
266.1 02(e)(4Hii)(CH3)
266.1 02(e)(4)(ii)(D)
266.1 02(e)(4)(ii)(E)
266.1 02(e)(4Hii)(R
ANALOGOUS
STATE CITATION
i
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
Page 26 of 121
CBIF91D.12 - 5/19/92 [Pnm.d 9/23/93]
-------
OSWER DIRECTIVE NO. 9541.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPA 12
FEDERAL REQUIREMENT
maximum device
production rate when
producing normal
product as per
266.1 02(e)(6)
operation and main-
tenance controls of
hazardous waste firing
system and any air
pollution control system
allowable variation in
system design
including air pollution
control system or
operatina procedures
other operating
requirements
to ensure
(266.1 06(c) or (d)
metals standards
compliance
operating require-
ments the permit will
specify to conform
with 266.106(f) alter-
native implementation
approach:
maximum emission
rate for each metal
based on
average rate
feed rate of total and
pumpable hazardous
waste as per
266.1 02(e)(6)(i)
feed rate of each
metal in specified
feedstreams,
measures and
specified
as per 266.1 02(eU6)
CHECK-
LIST
REFERENCE
85
85
85
85
85
85
85
85
85,96
FEDERAL RCRA CITATION
266.1 02(e)(4)(ii)(G)
266.1 02(e)(4)(ii)(H)
266.1 02(e)(4)(iiHI)
266.1 02(e)(4)(ii)(J)
266.1 02(e)(4)(iin
266.1 02(e)(4)(iii)(A)
266.1 02(e)(4)(iiiMB)
266.1 02(e)(4)(iii)(C)
266.1 02(e)(4)(iiiMCMf)
266.1 02(eH4)(iin(C)(2)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
I
7,8
Page 27 of 121
CBIF91D.12 • 5/19/92 |Print«d: *23/93]
-------
OSWER DIRECTIVE NO. 9541.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPAJL2
FEDERAL REQUIREMENT
total feed rate of
chlorine and chloride
in total feedstreams
as oer 266.102(eH6)
maximum combustion
gas temperature
measured at location
indicative of combus-
tion chamber
temperature as per
266.1 02(e)(6)
maximum flue gas
temperature at inlet
to paniculate matter
air pollution control
system as per
266.1 02(e)(6)
maximum device
production rate when
producing normal
product as per
266.1 02fe)(6)
operation and main-
tenance controls of
hazardous waste firing
system and any
air pollution
control system
allowable variation in
system design
including air pollution
control system or
operating procedures
other operating
requirements to en-
sure 266.106(c) or (d)
metals standards
compliance
CHECK-
LIST
REFERENCE
85
85
85
85
85
85
85
FEDERAL RCRA CITATION
266.1 02(e)(4)(iii)(D)
266.1 02(e)(4Kiii)(E)
266.1 02(e)(4)(iii)(F)
266.1 02(e)(4)flii)(G)
266.1 02(e)(4)(iii)(H)
266.1 02(e)(4)(iii)M
266.1 02(e)(4)(iii)(J)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
Page 28 of 121
CBIF91D.12 - 5/19/92 (Print*: 9/23/93)
-------
OSWER DIRECTIVE NO. 9541.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPA 12
FEDERAL REQUIREMENT
operating requirements
the permit will specify
to ensure
266.1 07(b)(1) Tier I
total chloride and
chlorine feed rate
screening limits
conformance:
feed rate of total
chloride and chlorine
in hazardous waste,
other fuels; and
industrial furnace
feedstocks as per
266.1 02(e)(6)
feed rate of total
hazardous waste as
oer 266.102(e)(6)
sampling and analysis
program for total
chloride and chlorine
operating requirements
the permit will specify
for 266.1 07 (b)(2)
Tier II and 266.1 07(c)
Tier III HCI and CI2
emission rate
screening limits
conformance:
maximum emission
rate for HCI and CI2
based on average rate
feed rate of total
hazardous waste as
oer 266.1 02(e)(6)
total feed rate of
chlorine and chloride
in total feedstreams
as per 266.1 02(e)(6)
maximum device
production rate when
producing normal
product as per
266.1 02(e)(6)
CHECK-
LIST
REFERENCE
85
85
85
85
85
85
85
85
85
FEDERAL RCRA CITATION
266.1 02(e)(5Hi)
266.1 02(e)(5Xi)(A)
266.1 02(e)(5)(i)(B)
266.1 02(e)(5)(i)(C)
266.102(e)(5)(ii)
266.102(e)(5)(ii)(A)
266.102(eU5)(ii)(B)
266.1 02(e)(5)(ii)(C)
266.1 02(e)(5)(ii)(D)
ANALOGOUS
STATE CITATION
i
i
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
Page 29 of 121
CBIF91D.12 - 5/19/92 [Printed: 9/23/931
-------
OSWER DIRECTIVE NO. 9541.00-18
SPA 12
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
FEDERAL REQUIREMENT
operation and main-
tenance controls of
hazardous waste firing
system and any
air pollution
control system
allowable variation in
system design
including air pollution
control system or
ooeratina procedures
other operating
requirements to ensure
266.1 07(b)(2) or (c)
HCI or CI2 standards
compliance
measuring parameters
and establishing
limits based on
trial burn data
as specified in
266.1 02(e)(2)-(5), each
operating parameter
shall be measured and
permit limits on the
parameter established
according to following
procedures:
measured and re-
corded on instan-
taneous basis
and permit limit based
on time-weighted
averaae
hourly rolling average
basis as defined
CHECK-
LIST
REFERENCE
85
85
85
85,94
85
85
85
85.94
FEDERAL RCRA CITATION
266.1 02(e)(5)(ii)(E)
266.1 02(e)(5)(ii)(F)
266.1 02(e)(5)(ii)(G)
266.1 02(e)(6)
266.1 02(e)(6)(i)
266.1 02(e)(6)(i)(A)
266.1 02(e)(6)(i)(B)M
266.1 02(e)(6)(i)(B)(f)
(/•)
266.102(e)(6)(i)(B)(7)
(/A
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
I
(
I
Page 30 of 121
CBIF91D.12 - 5/19/92 (Printed 9*3/93)
-------
OSWER DIRECTIVE NO. 9541.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPA 12
FEDERAL REQUIREMENT
permit limit based on
average overall valid
test runs of highest
hourly rolling average
value per run
feed rate limits for
carcinogenic metals
and lead established
on either an hourly
rolling average basis
or on (up to) to
24-hour rolling
average basis; re-
quirements for 2 to
24 hour average
period:
feed rate of each
metal limited to ten
times the allowable
hourly rolling average
basis feed rate
specifications the
continuous monitor
shall meet
feed rate permit limit
based on specified
averaqe
feed rate limits for
metals, total chloride
and chlorine, and ash
established and
monitored based on
feedstream concen-
tration and flow rate;
flow rate continuously
monitored as per
266.1 02(e)(6)(i)
and (ii)
CHECK-
LIST
REFERENCE
85,94
85,94
85
85
85,94
85
85
FEDERAL RCRA CITATION
266.1 02(e)(6)(i)(B)(a
266.1 02(e)(6)(ii)
266.1 02(e)(6)(ii)(A)
266.1 02(e)(6)(ii)(B)
266.1 02(e)(6)(ii)(B)
11)
266.1 02(e)(6)(ii)(B)
12)
266.1 02(e)(6)(ii)(C)
266.1 02(eM6)(iii)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
Page 31 of 121
CBIF91D.12 - 5/19/92 [Printed: 9/23/93}
-------
OSWER DIRECTIVE NO. 9541.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPA 12
FEDERAL REQUIREMENT
if no simultaneous
demonstration of
266.104-266.107
compliance during a
set of test runs,
operating conditions
of additional test runs
as close as possible
to original operating
conditions
facility to operate
under trial burn condi-
tions and reach
steady-state
operations before
obtaining test data to
demonstrate 266.104-
266.107 emissions
standards compliance
or establishing
operating parameter
limits; specific
industrial furnaces
need not reach
steady-state conditions
for flow of metals
prior to beginning
metals emissions
compliance testinq
trial burn data
obtained during
emissions sampling
are used to establish
operating parameter
limits in the permit
when parameter must
be established
as oer 266.102(e)
CHECK-
LIST
REFERENCE
85
85.94
FEDERAL RCRA CITATION
266.1 02(e)(6)(iv)(A)
266.1 02(e)(6)(iv)(B)
85 ; 266.1 02(e)(6)(iv)(C)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV
ALENT
MORE
STRINGENT
|
BROADER
IN SCOPE
Page 32 of 121
CBIF91D.12 - 5/19/92 (Printed: 9/23/93]
-------
OSWER DIRECTIVE NO. 9541.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPA 12
FEDERAL REQUIREMENT
requirements for con-
trolling fugitive
emissions
automatic waste feed
cutoff required;
Director may limit
number of cutoffs per
operating period;
additional require-
ments include:
maintenance of permit
limit for minimum
combustion chamber
temperature while
hazardous waste or
residues remain in
chamber
exhaust gases ducted
to air pollution control
system while
hazardous waste
or residues
remain in chamber
continued monitoring
of parameters with
limits during cutoff
and hazardous waste
feed not restarted
until parameters
comply with limits;
for parameters
monitored on
instantaneous basis,
conditions for
restarting
hazardous waste feed
CHECK-
LIST
REFERENCE
85
85
85
85
85
FEDERAL RCRA CITATION
266.1 02(e)(7)(i)
266.102(e)(7)(i)(A)
266.1 02(e)(7)(i)(B)
266.1 02(e)(7)(i)(C)
266.1 02(e)(7)(ii)
266.1 02(e)(7)(ii)(A)
266.1 02(e)(7)(ii)(B)
266.1 02(e)(7)(ii)(C)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
Page 33 of 121
CBIF91D.12 - 5/19/92 (Printed: 9/23/93]
-------
OSWER DIRECTIVE NO. 9541.00-18
SPA 12
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
FEDERAL REQUIREMENT
cease burning hazar-
dous waste when
changes in
combustion properties,
feed rates, or design
or operating conditions
deviate from
permit limits
owner or operator,
while burning hazar-
dous waste, must
monitor and record:
specified feed rates
and composition of
specified materials
CO, HC, and oxygen
on a continuous basis
as specified; monitors
installed, operated
and maintained as per
266, Appendix IX
methods
sampling and analysis
as requested to verify
that requirements
established in permit
achieve
266.104-266.107
standards
monitors record data
in permit limit units,
unless permit allows
otherwise
daily visual inspection
of boiler or industrial
furnace and
associated equipment
when they contain
hazardous waste
CHECK- .
LIST
REFERENCE
85
85
85
85
85
85
85
FEDERAL RCRA CITATION
266.1 02(e)(7)(iii)
266.1 02(e)(8)(i)
266.1 02(e)(8Hi)(A)
266.1 02(e)(8)(iHB)
266.1 02(eH8)(i)(C)
266.1 02(e)(8)(ii)
266.1 02(e)(8)(iii)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
Page 34 of 121
CBIF91D.12 • 5/19/92 [Pnnted: 9*3>93I
-------
OSWER DIRECTIVE NO. 9541.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPA 12
FEDERAL REQUIREMENT
test automatic feed
cutoff system and
associated alarms at
least once every 7
days when hazardous
waste is burned
unless specified
conditions are
demonstrated; opera-
tional testing at least
once every 30 davs
monitoring and inspec-
tion data recorded
and placed in 264.73
operating record
compliance with
266.111 if direct
transfer of hazardous
waste to boiler or
industrial furnace
without use of
storage unit
all 266.102-required
information and data
in facility operating
record until closure
of the facility
remove all hazardous
waste and hazardous
waste residues at
closure
CHECK-
LIST
REFERENCE
85
85
85
85,96
85
FEDERAL RCRA CITATION
266.1 02(e)(8)(iv)
266.1 02(e)(8)(v)
266.1 02(e)(9)
266.1 02(e)(10)
266.1 02(e)(11)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
INTERIM STATUS STANDARDS FOR BURNERS
establish minimum
national standards for
owners and operators
of existing boilers and
industrial furnaces
until permitted under
266.1 02(d) or closed
85
*
266.1 03(a)(1)(i)
Page 35 of 121
CBIF91D.12 - 5/19/92 [Print* 9/2*93]
-------
OSWER DIRECTIVE NO. 9541.00-18
SPA 12
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
FEDERAL REQUIREMENT
definition of "existing
or in existence";
facility has com-
menced construction
if all permits
necessary to begin
physical construction
are obtained and
either:
continuous on-site,
physical construction
program has bequn
contractual obligations
cannot be cancelled
or modified without
substantial loss and
physical construction
is to be completed
within reasonable time
if boiler or industrial
furnace at facility with
permit or interim
status, then
compliance with
270.42 permit
modification or 270.72
interim status changes
266.103 requirements
not applicable to
hazardous waste and
facilities exempt under
266.1 00(b) or 266.108
F020-F023, F026
or F027 hazardous
waste listed for dioxin
and hazardous waste
derived from these
wastes may not be
burned in interim
status boiler or
industrial furnace I
CHECK-
LIST
REFERENCE
85.94
85
85
85
85
85,96
FEDERAL RCRA CITATION
266.1 03(a)(1Hii)
266.1 03(a)(1)(ii)(A)
266.1 03(a)(1)(ii)(B)
266.1 03(aH1)(iii)
266.1 03(a)(2)
266.1 03(a)(3)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
Page 36 of 121
CBIF91D.12 • 5/19/92 |Pnm«i 9/23/93]
-------
OSWER DIRECTIVE NO. 9541.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPA 12
FEDERAL REQUIREMENT
interim status owners
and operators subject
to specified 265
provisions:
controls that apply to
interim status
industrial furnaces
that feed hazardous
waste for a purpose
other than solely as
an ingredient at any
location other than
the hot end or
where fuels are
normally fired:
fed at location where
temperatures are at
least 1800° F
determination and
documentation in
facility record of
adequate oxvaen
for cement kiln
systems, hazardous
waste fed into kiln
applicability of
266.104(c) or
266.1 04(c)(5)
hydrocarbon controls
CHECK-
LIST
REFERENCE
85
85,96
85
85
85
85.96
FEDERAL RCRA CITATION
266.1 03(a)(4)
266.1 03(a)(4)(i)
266.1 03(a)(4)(ii)
266.1 03(a)(4)(iii)
266.1 03(a)(4)(iv)
266.1 03(a)(4)(v)
266.103(a)(4)(vi)
266.1 03(a)(4)(vii)
266.1 03(a)(4)(viii)
266.1 03(a)(5)
266.1 03(a)(5Hi)(A)
266.1 03(a)(5)(i)(B)
266.1 03(a)(5)(i)(C)
266.1 03(aU5)(i)(D)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV
ALEN
MORE
STRINGENT
•
BROADER
IN SCOPE
Page 37 of 121
CBIF91D.12 - 5/19/92 |Pnnt«J: 9/23/93)
-------
OSWER DIRECTIVE NO. 9541.00-1 8
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPA 12
FEDERAL REQUIREMENT
criteria for burning
hazardous waste for
a purpose other than
solely as an
inaredient:
total concentration
of 261, Appendix VIII
nonmetal compounds
exceed 500 ppm by
weight as fired
and considered
burned for
destruction;
reduction of the
concentration of
nonmetal compounds
to the 500 ppm limit
by bona fide treat-
ment; blending
for dilution to meet
the 500 ppm limit
prohibited;
retention of
documentation in
facility record
heating value of
5,000 Btu/lb or more,
as fired,
and considered
burned as fuel;
reduction of
the heating value of
a waste as-generated
to below 5,000 Btu/lb
limit by bona fide
treatment;
blending to augment
heating value to meet
the 5,000 Btu/lb limit
prohibited;
retention of
documentation in
facility record
CHECK-
LIST
REFERENCE
85
85,96
85.96
FEDERAL RCRA CITATION
266.1 03(a)(5)(ii)
266.1 03(a)(5)(iiHA)
266.1 03(a)(5)(ii)(B)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
Page 38 of 121
CBIF91D.12 - 5/19/92 print*): 9123/93]
-------
OSWER DIRECTIVE NO. 9541.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPA 12
FEDERAL REQUIREMENT
burning hazardous
waste with heating
value less than 5,000
Btu/lb prohibited;
situation where
5,000 Btu/lb limit
can be exceeded;
exceptions:
hazardous waste
burned solely as
an ingredient
hazardous 'waste
burned for purposes
of compliance testing
for a total period
of time not to
exceed 720 hours
waste burned if
Director has
documentation to
show that, prior
to Auaust 21. 1991:
boiler or industrial
furnace operating
under Part 265,
Subpart O or P
requirements
boiler or industrial
furnace met 270.70
interim status
eligibility
requirements for
Part 265, Subpart O
or Suboart P
hazardous waste
with a heating value
less than
5,000 Btu/lb
burned prior to
Auaust 21, 1991
CHECK-
LIST
REFERENCE
85,96
96
96
96
96
96
96
FEDERAL RCRA CITATION
266.103(a)(6)
266.103(a)(6)(i)
266.1 03(a)(6)(ii)
266.1 03(a)(6)(iii)
266.1 03(a)(6)(iiiXA)
266.1 03(a)(6XiiiXB)
266.1 03(a)(6)(iiiXC)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
Page 39 of 121
CBIF91D.12 - 5/19/92 [Printed: 9/23/93|
-------
OSWER DIRECTIVE NO. 9641.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPA 12
FEDERAL REQUIREMENT
such waste burned
in halogen acid
furnace if waste
burned as an
excluded ingredient
under 261.2(e) prior
to February 21, 1991
and documentation
kept on file
266.111 compliance if
hazardous waste
directly transferred
from transport vehicle
to boiler or industrial
furnace without
storage unit use
August 21, 1991 sub-
mittal date for
266.1 03(b)(2) informa-
tion; establish limits
for 266.1 03(b)(3)
parameters; certificate
of precompliance;
burning limited to
266.1 03(b)(3) condi-
tions until
266.1 03(b)(8) revised
certification of pre-
compliance, or
266.1 03(c) certifi-
cation of compliance,
or permit is issued
information to be sub-
mitted with certification
of precompliance to
support determination
and compliance with
operating parameter
limits
CHECK-
LIST
REFERENCE
96
85
85
85
FEDERAL RCRA CITATION
266.1 03(a)(6)(iv)
266.1 03(a)(7)
266.1 03(b)(1)
266.1 03(b)(2)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
Page 40 of 121
CBIF91D.12 - 5/19/92 [Print*:
-------
OSWER DIRECTIVE NO. 9541.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPA 12
FEDERAL REQUIREMENT
general facility
information
except for facilities
complying with Tier I
feed rate screening
limits provided by
266.1 06(b) or (e) and
266.1 07(b)(1) or (e),
festimated uncontrolled
_ missions of
paniculate matter,
each 266.106
metal, hydrogen
chloride and chlorine,
and following infor-
mation to support
determinations:
feed rate of specified
materials in each
feedstream
estimated partitioning
factor to combustion
gas for
266.1 03(b)(2)(ii)(A)
materials, basis for
estimate, and estimate
of partitioning to HCI
and CI2 of total
chloride and chlorine
in feed materials;
use best engineering
judgment or
266, Appendix IX
Procedures
CHECK-
LIST
REFERENCE
85
85
85.94
85.94
FEDERAL RCRA CITATION
266.1 03(b)(2)(i)
266.1 03tt»(2)(i)(A)
266.1 03(b)(2Hi)(B)
266.1 03(b)(2)(i)(C)
266.1 03(b)(2Hi)(D)
266.1 03(b)(2)(i)(E)
266.1 03(b)(2)(ii)
266.1 03(b)(2Hii)(A)
266.1 03(b)(2)(ii)(B)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQ.UIV-
ALENT
• MORE
STRINGENT
BROADER
IN SCOPE
r
Page 41 of 121
CBIF91D.12 - 5/19/92 (Printed: 9123/93]
-------
OSWER DIRECTIVE NO. 9541.00-1 8
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPA 12
FEDERAL REQUIREMENT
for industrial furnaces
that recycle collected
paniculate matter and
certify compliance with
266.1 03(c)(i!)(A)
metals emissions
standards,
estimated enrichment
factor for each metal,
using best engineering
judgment or specified
Appendix IX
procedures
basis for best
engineering judgment;
270. 11 (d) certifica-
tion of determinations
included in certifica-
tion of precompliance
for facilities complying
with Tier I feed rate
screening limits, the
feed rate of specified
materials in each
feedstream
for facilities complying
with Tier II or III
emission limits for
metals or HCI or CI2,
estimated controlled
emissions rates of
particulate matter,
each 266.106 metal,
HCI and CI2, and
following information
to support deter-
minations:
estimated air pollution
control system (ARCS)
removal efficiency for
specified materials
CHECK-
LIST
REFERENCE
-
85
85.94
85
85.94
85
FEDERAL RCRA CITATION
266.1 03fW(2)(ii)(C)
266.1 03(b)(2)(ii)(D)
266.1 03(b)(2Hiii)
266.1 03(b)(2)(iv)
266.1 03(b)(2)(iv)(A)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
Page 42 of 121
CBIF91D.12 • 5/19/92 [Prinled: 9/23/931
-------
OSWER DIRECTIVE NO. 9541.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPA 12
FEDERAL REQUIREMENT
use best engineering
judgment or 266,
Appendix IX
procedures
basis for best
engineering judgment
in conformance with
266.103(b)(2)(ii)(D)
determination of
allowable emissions
rates for specified
materials and infor-
mation to support
such determinations
to include:
for all facilities:
for owners or
operators using Tier
III site specific
dispersion modeling
to determine
266.106(d) or
266.107(c) allowable
levels, or adjusted
Tier I feed rate
screening limits under
266.106(e) or
266.107(e):
CHECK-
LIST
REFERENCE
85
85
85
85
85,94
85
85
FEDERAL RCRA CITATION
266.1 03(b)(2)(iv)(B)
266.1 03(b)(2)(iv)(C)
266.1 03(b)(2)(v)
266.1 03(b)(2)(vHA)
266.1 03(b)(2)(v)(A)(7)
266.1 03(b)(2)(v)(A)(2)
266.103(b)(2)(v)(A)(3)
266.1 03(b)(2)(v)(A)(4)
>66.103(b)(2)(v)(A)(5)
266.1 03(b)(2)(v)(A)(6-)
266.1 03(bH2)(vHA)(7)
266.1 03(b)(2)(v)(B)
266.103(b)(2)(v)(B)(7)
266.1 03(b)(2)(v)(B)(2)
ANALOGOUS
STATE CITATION
266.1 03(b)(2Hv)(B)(3)
266.1 03(b)(2)(vHBH4) '
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
Page 43 of 121
CBIF91D.12 - 5/19/92 (Primed: 9/23/93]
-------
OSWER DIRECTIVE NO. 9541.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPA 12
FEDERAL REQUIREMENT
for facilities
complying with
Tier II or III
emissions rate
controls for metals or
HCI and CI2,
comparison of
266.1 03(b)(2)(iv)
estimated rates with
266.1 03(b)(2)(v)
allowable rates
for facilities complying
with Tier I or adjusted
Tier I feed rate
screening limits for
metals or total
chloride and chlorine,
comparison of actual
feed rates determined
under 266.1 03(b)(2)(iii)
to Tier I allowable
feed rates
for industrial furnaces
that feed hazardous
waste for any purpose
other than solely as
an ingredient at any
location other than
product discharge end
of device,
documentation of
266.1 03(a)(5)(i)(A)-(C)
compliance
CHECK-
LIST
REFERENCE
85,94
85
FEDERAL RCRA CITATION
266.1 03(b)(2)(vi)
266.1 03(b)(2)(vii)
ANALOGOUS
STATE CITATION
i
STATE ANALOG IS:
EQUIV
ALEN
i ,
i
85 266.1 03(b)(2)(viii) :
MORE
STRINGENT
BROADER
IN SCOPE
Page 44 of 121
CBIF91D.12 - 5/19/92 [Pnnt«d W23/93]
-------
OSWER DIRECTIVE NO. 9541.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPA 12
FEDERAL REQUIREMENT
for industrial
furnaces that recycle
collected particulate
matter back into the
furnace and that
will certify
266.1 03(c)(3)(ii)(A)
metals emissions
standards
compliance,
applicable particulate
matter standard and
precompliance
limit on metal
concentration
establish limits on
266.1 03(b)(3)(i)-(v)
parameters consistent
with 266.1 03(b)(2)
determinations and
certify the facility
will operate within the
limits during interim
status when there is
hazardous waste in
the unit until certain
conditions are met
feed rate of total
hazardous waste and
pumpable hazardous
waste
feed rate of each
metal in specified
feedstreams
total feed rate of
chlorine and chloride
in total feedstreams
CHECK-
LIST
REFERENCE
85
85
85
85,94
85
85
FEDERAL RCRA CITATION
266.1 03(b)(2)(ix)
266.1 03(b)(2Hix)(A)
266.1 03(b)(2)(ix)(B)
266.1 03(b)(3)
266.1 03(b)(3)(i)
266.103(b)(3)(ii)
266.1 03(b)(3)(ii)(A)
266.1 03(b)(3)(ii)(B)
266.103(b)(3)(ii)(C)
266.1 03(b)(3)(iii)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
1
(
Page 45 of 121
CBIF91D.12 - 5/19/92 (Pnni«d 9/23/93)
-------
OSWER DIRECTIVE NO. 9541.00-18
SPA 12
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
FEDERAL REQUIREMENT
total feed rate of ash
in total feedstreams,
except ash feed rate
for cement kilns and
light-weight aggregate
kilns is not limited
maximum production
rate when producing
normal product
special operating
requirements under
266, Appendix IX for
furnaces that recycle
collected paniculate
matter back into
furnace and that
certify compliance with
metals emissions
controls under
266.1 03(c)(3)(ii)(A)
limits on 266.103(b)(3)
parameters
established and
continuously
monitorinq under:
instantaneous limits
hourly rolling average
basis as defined
feed rate limits for
carcinogenic metals
and lead established
on either an hourly
rolling average basis
or on (up to) 24 hour
rolling average basis;
requirements for 2 to
24 hour average
period:
CHECK-
LIST
REFERENCE
85
85
85
85
85.96
85
85,94
85
FEDERAL RCRA CITATION
266.1 03(b)(3)(iv)
266.1 03(b)(3)(v)
266.103(b)(4)
266.103(b)(5)(i)
266.1 03(b)(5)(iHA)
266.1 03(b)(5)(i)(B)
266.1 03tt»(5)(i)(B)(fi
266.103(b)(5)(i)(B)(2)
266.1 03(b)(5)(ii)
STATE ANALOG IS:
ANALOGOUS tOUTV^
STATE CITATION | ALENT
MORE
STRINGENT
BROADER
IN SCOPE
i
i
i
i
Page 46 of 121
CBIF91D.12 - 5/19/92 |Pnnt«j 9123193}
-------
OSWER DIRECTIVE NO. 9541.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPA 12
FEDERAL REQUIREMENT
feed rate of each
metal limited to
ten times the
allowable hourly
rolling average basis
feed rate
specifications the
continuous monitor
shall meet:
feed rate limits for
metals, total chloride
and chlorine, and ash
established and
monitored based on
feedstream concen-
tration and flow rate;
flow rate continuously
monitored as per
266.103(b)(5)(i)
and (ii)
on or before August
21, 1991, owner or
operator submits
notice to major local
newspaper and sends
copy of notice to
State and local
government units;
provide evidence
of notice submittal
for publication with
certification of
pre-compliance to
Director; notice must
bear specified title
and include:
CHECK-
LIST
REFERENCE
85
85.94
85
85.94
FEDERAL RCRA CITATION
266.1 03(b)(5)(ii)(A)
266.1 03(b)(5)(ii)(B)
266.1 03(b)(5)(ii)(BMf)
266.1 03(b)(5)(ii)(BH2)
266.1 03(bW5)(iii)
ANALOGOUS
STATE CITATION
266.1 03(b)(6)
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
Page 47 of 121
CBIF91D.12 - 5/19/92 [Print** 9/23/93)
-------
OSWER DIRECTIVE NO. 9541.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPA 12
FEDERAL REQUIREMENT
information to
include in public
notice
when monitoring
systems for
266.1 03(c)(1)(v)-(xiii)
operating parameters
are installed and
operating in con-
formance with vendor
or 266, Appendix IX
specifications, con-
tinuous monitoring
required and records
maintained in
ooeratinq record
submittal of revised
certification of pre-
compliance under
266.1 03(b)(2)&(3)
procedures
CHECK-
LIST
REFERENCE
85
85,96
85
85
85
FEDERAL RCRA CITATION
266.1 03(b)(6)(i)
266.1 03(b)(6)(ii)
266.1 03(bH6)(iii)
266.1 03(b)(6)(iv)
266.1 03(b)(6)(v)
266.1 03(b)(6)(vi)
266.1 03(b)(6)(vii)
266.1 03tt>M6Wviii)
266.1 03(b)(6)(viii)(A)
266.1 03(bH6)(viiiKB)
266.1 03(b)(6Hix)
266.103(b)(6Hx)
266.1 03(b)(7)
266.1 03(b)(8)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
|
Page 48 of 121
CBIF91D.12 - 5/19/92 (Printed:
-------
OSWER DIRECTIVE NO. 9541.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPA 12
FEDERAL REQUIREMENT
266.1 03(b)(6) public
notice requirements
not applicable to
recertifications
operation of facility
within limits
established for
266.1 03(b)(3)
parameters until
266.1 03 (b) revised
certification or
266. 103(c) 'certification
of compliance is
submitted
language of signed
statement that must
be included with the
certification of
nrecompliance
Conduct emissions
testing to document
compliance with
266.1 04(b)-(e),
266.105-266.107 and
266.1 03(a){5)(i)(D)
emissions standards;
submittal of certifi-
cation of compliance
on or before
Auaust 21, 1992
CHECK-
LIST
REFERENCE
85
85
85
85,94
FEDERAL RCRA CITATION
266.1 03(b)(8)(i)
266.1 03tt»(8)(ii)
266.1 03(b)(9)
266.1 03(c)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
Page 49 of 121
CBIF91D.12 - 5/19/92 |Print8d: 9O3/93]
-------
OSWER DIRECTIVE NO. 9541.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPA 12
FEDERAL REQUIREMENT
establish limits and
all applicable
emission standards
on
266.1 03(c)(1)(i)-(xiii)
parameters based on
operations during
compliance test and
include with certifica-
tion of compliance;
device will be
operated within these
limits and applicable
emission standards of
266.1 04(b)-(e),
266.105, 266.106,
266.107 and
266.1 03(a)(5)(i)(D)
when hazardous
waste is in the unit
feed rate of total
hazardous waste and
pumpable hazardous
waste
feed rate of each
metal in specified
feedstreams
total feed rate of
chlorine and chloride
in total feedstreams
total feed rate of ash
in total feedstreams,
except ash feed rate
for cement kilns and
light-weight aggregate
kilns is not limited
CHECK-
LIST
REFERENCE
85.94,96
85
85
85
FEDERAL RCRA CITATION
266.1 03(c)m
266.1 03(c)(1 Hi)
266.1 03(c)(1)(ii)
266.1 03(c)(1)(iiUA)
266.1 03(c)(1)(ii)(B)
266.1 03(c)MMii)(C)
266.1 03(c)(1)(iii)
ANALOGOUS
STATE CITATION
i
I
85.94 266.1 03(c)(1)(iv) i
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
Page 50 of 121
CBIF91D.12 - 5/19/92 (Print** 9/23/93]
-------
OSWER DIRECTIVE NO. 9541.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPA 12
FEDERAL REQUIREMENT
carbon monoxide con-
centration and, where
required, hydrocarbon
concentration in
stack gas;
CO and HC limits
maximum production
rate when producing
normal product
maximum combustion
chamber temperature
with temperature
measured where
specified; exception
maximum flue gas
temperature entering
a particulate matter
control device;
^exception
limits for
systems using wet
scrubbers, including
wet ionizing
scrubbers: exception:
systems using venturi
scrubbers, the
minimum differential
gas pressure
across the
venturi; exception
limits for
systems using dry
scrubbers; exception:
CHECK-
LIST
REFERENCE
85
85
85
85
85,94
85
85
85.94
85
FEDERAL RCRA CITATION
266.103(c)(1)(v)
266.1 03(c)(1)(vi)
266.103(c)(1)(vii)
266.1 03(c)(1)(viii)
266.103(0(1 )(ix)
266.1 03(O(1)(ix)(A)
266.1 03(Om(ix)(B)
266.1 03(c)(1)(ix)(C)
266.1 03(c)(1)(x)
266.1 03(O(1)(xi)
266.1 03(O(1)(xi)(A)
266.1 03(O(1)(xi)(B) ,
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
i
1
i.
j
MORE
STRINGENT
BROADER
IN SCOPE
Page 51 of 121
CBIF91D.12 - 5/19/92 [Printed: 9/23/93)
-------
OSWER DIRECTIVE NO. 9541.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPA 12
FEDERAL REQUIREMENT.
limits for
systems using wet
ionizing scrubbers
or electrostatic
precipitators;
exception:
systems using fabric
filters, the minimum
pressure drop;
exception
at least 30 days
prior to 266.1 03(c)(3)
compliance testing,
notify Director and
submit required
information:
general facility
information
CHECK-
LIST
REFERENCE
85.94
85
85
85
85
FEDERAL RCRA CITATION
266.1 03(c)(1)(xii)
266.1 03(c)(1)(xii)(A)
266.1 03(c)M)(xii)(B)
266.1 03fcM1)(xiii)
266.1 03(c)(2)
266.1 03(c)(2)(i)
266.1 03(c)(2)(i)(A)
266.1 03(c)(2)(i)(B)
266.103(c)(2)(i)(C)
266.1 03(c)(2)(0(D)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
1
Page 52 of 121
CBIF91D.12 - 5/19/92 [Print* 9/23/93)
-------
OSWER DIRECTIVE NO. 9541.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPA 12
FEDERAL REQUIREMENT
specific information
on each device to
be tested
information on testing
planned, including
complete copy of test
protocol and QA/QC
plan, and summary
description for each
test that provides
specified information
compliance testing
CHECK-
LIST
REFERENCE
85
85
85
FEDERAL RCRA CITATION
266.1 03(c)(2)(ii)
266.1 03(c)(2)(ii)(A)
266.103(c)(2)(ii)(B)
266.1 03(c)(2)(ii)(C)
266.1 03(c)(2)(iiHD)
266.1 03(c)(2)(iiHD)m
266.103(c)(2)(ii)(D)(2)
266.1 03(c)(2)(ii)(D)(3)
266.1 03(c)(2)(iiHE)
266.103(c)(2)(ii)(R
266.1 03(c)(2)(iii)
266.1 03(c)(2)(iii)(A)
266.103(c)(2)(iii)(B)
266.1 03(c)(3)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
t
MORE ! BROADER
STRINGENT IN SCOPE
(
•
!
'
1
1 i
Page 53 of 121
CBIF91D.12 - 5/19/92 [Pnnt«d 9/2*931
-------
OSWER DIRECTIVE NO. 9541.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPAJ2
FEDERAL REQUIREMENT
compliance testing
under 266.103(b)
and 266.1 03(c)(2)
conditions; case by
case approval to use
compliance test data
from one unit in
lieu of testing a
similar on-site unit;
information required
to support owner or
operator request;
approval based on
266.1 03(c)
requirements
industrial furnaces that
recycle collected
particulate matter from
air pollution control
system must test to
determine 266.106(c)
or (d) metals
standards compliance
using one of the
following procedures:
266, Appendix IX
testing requirements
in "Alternative Method
for Implementing
Metals Controls"
stack emissions testing
for 6 hrs/day while
hazardous waste is
burned during interim
status; conditions for
testing; analysis for
metals content to
assure 266.106(c) or
(d) compliance; para-
meters for which :
operating limits must
be established under
266.1 03(c)(3)
CHECK-
LIST
REFERENCE
85.96
85
85
85
FEDERAL RCRA CITATION
266.1 03(cM3)(i)
266.1 03(c)(3)(ii)
266.1 03(c)(3)(ii)(A)
266.1 03(c)(3)(ii)(B)
266.103(c)(3)(ii)(BH7)
266.1 03(c)(3)(ii)(BH2)
266.1 03(c)(3)(ii)(BU3)
266.1 03(cH3)(iiHB)(4)
266.1 03(c)(3Hii)(B)(5)
ANALOGOUS
STATE CITATION
EQUIV-
ALENT
STATE ANALOG
MORE
STRINGENT
TS:
BROADER
IN SCOPE
i
i
i
i
i
i
:
Page 54 of 121
CBIF91D.12 - 5/19/92 |Pnm«d: 9/23/931
-------
OSWER DIRECTIVE NO. 9541.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPA 12
FEDERAL REQUIREMENT
conduct compliance
testing and establish
limits on 266.1 03(c)(1)
parameters after kiln
system has been
conditioned and has
reached equilibrium
with metals feed and
metals emissions;
conditions to be met
durinq conditioninq
if no simultaneous
demonstration of
266.104-266.107
compliance during a
set of test runs,
operating conditions
of additional test runs
as close as possible
to original operating
conditions
facility to operate
under compliance test
conditions and reach
steady-state operations
before obtaining test
data to demonstrate
266.104-266.107 emis-
sions standards com-
pliance or establishing
operating parameter
limits; specific
industrial furnaces
need not reach
steady-state conditions
prior to beginning
metals compliance
testinq
CHECK-
LIST
REFERENCE
85
85
I85
FEDERAL RCRA CITATION
266.1 03(cM3)(ii)(C)
266.1 03(c)(3)(iii)(A)
i
266.1 03(c)(3)(iii)(B)
ANALOGOUS
STATE CITATION
i
i
S
EQUIV-
ALENT
i
TATE ANALOG
MORE
STRINGENT
!
!
IS:
BROADER
IN SCOPE
Page 55 of 121
CBIF91D.12 - 5/19/92 [Printed: 9/23/93)
-------
OSWER DIRECTIVE NO. 9541.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPA 12
FEDERAL REQUIREMENT
compliance test data
obtained during emis-
sions sampling are
used to establish
operating parameter
limits in the certifi-
cation of compliance
when parameter must
be established as
oer 266.1 03(c)(1)
within 90 days of
completing compliance
testing, certification
to Director of
compliance with
266.1 04(b), (c)
and (e),
266.105-266.107 and
266.1 03(a)(5)(i)(D)
emissions standards;
certification must
include:
general facility and
testing information
CHECK-
LIST
REFERENCE
85
85
85 l
85,94
!
85
FEDERAL RCRA CITATION
266.1 03(c)(3)(iii)(C)
266.1 03(c)(4)
266.1 03(c)(4)(i)
266.103(c)(4)(i)(A)
266.1 03(c)(4)(i)(B)
266.1 03(c)(4)(i)(C)
266.103(c)(4)(i)(D)
266.1 03(c)(4)(i)(E)
266.1 03(c)(4)(i)(F)
266.1 03(c)(4)(i)(G)
266.1 03(c)(4)(i)(H)
266.1 03(c)(4)(i)(l)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
Page 56 of 121
CBIF91D.12 - 5/19/92 |Pnnt«d 9/23/93)
-------
OSWER DIRECTIVE NO. 9541.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPA 12
FEDERAL REQUIREMENT
specific information
on each test
comparison of actual
emissions per test
with emissions limits
prescribed by
266.1 04(b),(c)&(e)
and 266.105-266.107
and established in
266.103(b) certifica-
tion of precomDliance f
determination of
operating limits based
on all valid runs for j
266.1 03(c)(1) para-
meters using one of
two procedures:
instantaneous limits
CHECK-
LIST
REFERENCE
85
85,94
85
85
85
85
FEDERAL RCRA CITATION
266.1 03(c)(4)(ii)
266.1 03(c)(4)(ii)(A)
266.1 03(c)(4)(ii)(B)
266.1 03(c)(4)(iiKB)(7)
266.1 03(c)(4)(ii)(B)(2)
266.1 03(c)(4)(ii)(B)(5)
266.1 03(c)(4)(ii)(B)(4)
266.1 03(c)(4)(ii)(B)(5)
266.1 03(c)(4)(ii)(B)(6)
266.103(c)(4)(ii)(B)(7)
266.1 03(c)(4)(ii)(B)(fl)
266.1 03(c)(4)(ii)(B)(9)
266.1 03(cK4)(iii)
266.1 03(cK4Kiv)
266.1 03(c)(4)(iv)(A)
ANALOGOUS
STATE CITATION
|
EQUIV-
ALENT
STATE ANALOG
MORE
STRINGENT
IS:
BROADER
IN SCOPE
i
Page 57 of 121
CBIF91D.12 - 5/19/92 (Print** 9/23/931
-------
OSWER DIRECTIVE NO. 9541.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPA 12
FEDERAL REQUIREMENT
hourly rolling average
basis as defined
parameter operating
limit based on com-
pliance test data and
specific averaqe
feed rate limits for
carcinogenic metals
and lead established
on either an hourly
rolling average basis
or on (up to) 24 hour
rolling average basis;
requirements for 2
to 24 hour average
period:
feed rate of each
metal limited to
ten times the allow-
able hourly rolling
average basis feed
rate
specifications the
continuous monitor
shall meet
operating limit for
feed rate of each
metal established
based on compliance
test data as the
specified averaae
LIST
REFERENCE
85
85
85
85
85
85,94
85
FEDERAL RCRA CITATION
266.1 03(c)(4)(iv)(B)
(1)
266.1 03(c)(4)(iv)(B)
im
266.1 03{c)(4)(iv)(B)
(1)(ii)
266.1 03(c)(4)(iv)(B)
12)
266.103(c)(4)(ivMC)
266.1 03(c)(4)(iv)(C)
(1)
266.1 03(c)(4)(iv)(C)
(2\
266.1 03(c)(4)(iv)(C)
(2)0)
266.1 03(c)(4)(iv)(C)
(2){ii)
266.1 03(c)(4)(iv)(C)
(3)
ANALOGOUS
STATE CITATION
]
| ,
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
Page 58 of 121
CBIF91D.12 - 5/19/92 (Pnnted 9/23/93)
-------
OSWER DIRECTIVE NO. 9541.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPA 12
FEDERAL REQUIREMENT
feed rate limits for
metals, total chloride
and chlorine, and ash
established and moni-
tored based on feed-
stream concentration
and flow rate; flow
rate continuously
monitored as per
266.1 03(O(4)(iv)(AHC)
language of statement
to accompany the
certification of
compliance
if required to comply
with 266.1 04(c) or
266.1 03(a)(5)(i)(D)
HC controls, condi-
| tioned gas monitoring
system may be used
in conformance with
266, Appendix IX
specifications,
provided certification
of compliance is sub-
mitted without
266.1 03(c)(7) time
extension
special operating
requirements for
industrial furnaces
that recycle collected
paniculate matter from
air pollution control
svstem:
266, Appendix IX
operating require-
ments in "Alternative
Method to Implement
the Metals Controls"
if complying with
266.1 03(c)(3)(ii)(A)
CHECK-
LIST
REFERENCE
85
85
85
85
t
85
FEDERAL RCRA CITATION
266.1 03(c)(4)(iv)(D)
266.103(c)(4)(v)
i
i
266.1 03(c)(5)
i
i
: 266.103(0(6)
266.1 03(c)(6)(i)
ANALOGOUS
STATE CITATION
i
!
'
J
EQUIV-
ALENT
STATE ANALOG
MORE
STRINGENT
•
IS:
BROADER
IN SCOPE
Page 59 of 121
CBIF91D.12 - 5/19/92 (Printed: 9/23/93]
-------
OSWER DIRECTIVE NO. 9541.00-18
SPA 12
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
FEDERAL REQUIREMENT
operating require-
ments of
266.1 03(c)(3)(ii)(B)
if complying with
that paraqraph
requirements if fail
to submit complete
certification of com-
pliance for 266.104-
266.107 emissions
standards by
Auaust 21. 1992:
stop burning hazar-
dous waste and begin
266.103(1) closure
limit hazardous waste
burning only for
purposes of com-
pliance testing (and
pretesting to prepare
for compliance
testing) to a total
period of 720 hours
beginning August 21,
1992; submit notifi-
cation to Director
by August 21, 1992,
stating operation
under restricted
interim status and
intention to resume
hazardous waste
burning; submit com-
plete certification
of compliance by
Auaust 23, 1993
obtain case-by-case
time extension under
266.103(c)(7)(ii)
condition under which
a case-by-case time
extension may be
requested for any
266.103(c) time limit
CHECK-
LIST
REFERENCE
85
85
85.94
85,94
85
85
FEDERAL RCRA CITATION
j
266.1 03(c)(6)(ii)
266.1 03(c)(7)(i)
266.1 03(c)(7)(i)(A)
266.1 03(c)(7)(i)(B)
1 266.1 03(c)(7)(i)(C)
1
1
266.1 03(c)(7)(ii)
ANALOGOUS
STATE CITATION
i
STATE ANALOG
EQUIV- MORE
ALENT STRINGENT
i
i
j
i
i
•
i
i
i
s
i
\
i
*
IS:
BROADER
IN SCOPE
Page 60 of 121
CBIF91D.12 - 5/19/92 (Pnnud 9/23/93]
-------
OSWER DIRECTIVE NO. 9541.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPA 12
FEDERAL REQUIREMENT
in granting extension,
Director may apply
specified conditions
if time extension
requested to obtain
RCRA permit because
266.1 04(c) HC limit
cannot be met:
what Director
shall consider:
determine if complete
Part B permit appli-
cation that includes
270.22(b) information
has been submitted
consider if good faith
effort to certify
compliance with all
other emission con-
trols has been made
if extension granted,
require facility to
operate under
266.1 04(f)(1) baseline
CO and HC flue gas
concentration limits
submit at any time
a revised certification
of compliance under
specific procedures:
prior to submittal, may
not burn hazardous
waste for more than
720 hours under
operating conditions
that exceed those in
current certification of
compliance; such
burning conducted only
to determine if
266.104-266.107 emis- '
sions standards can '
be met under revised ,
conditions ,
CHECK-
LIST
REFERENCE
85
85
85
85
85.94
85,94
85
85
FEDERAL RCRA CITATION
266.1 03(c)(7)(ii)(A)
266.1 03(c)(7)(ii)(B)
266.1 03(c)(7)(ii)(BHr)
266.1 03(c)(7)(ii)(B)
(/)(/•)
266.1 03(c)(7)(ii)(B)
m(//)
266.1 03(c)(7)(ii)(B)
(2\
266.1 03(c)(8)
266.103(c)(8Ki)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
i
MORE
STRINGENT
i
BROADER
IN SCOPE
I
!
i
j
i
Page 61 of 121
CBIF91D.12 - 5/19/92 (Printed: 9/23/93]
-------
OSWER DIRECTIVE NO. 9541.00-18
SPA 12
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
FEDERAL REQUIREMENT
at least 30 days prior
to first burning under
revised conditions,
notify Director and
submit specific
information:
EPA facility ID
number, facility name,
contact person, tele-
phone number and
address
operating conditions
owner/operator is
seeking to revise
and description of
changes that
prompted need to
revise
determination that
under revised operat-
ing conditions,
266.104-266.107
standards unlikely
to be exceeded;
266.1 03(b)(2) infor-
mation for
documentation
complete emissions
testing protocol for
pretesting and new
compliance test, in-
cluding schedule for
266.104-266.107
emission standards
compliance; 30-day
prior written notice if
revision in compliance
test date
CHECK-
LIST
REFERENCE
85
85
85
85
85 !
FEDERAL RCRA CITATION
266.1 03(cH8)(ii)
266.1 03(cH8)(ii)(A)
266.1 03(c)(8Wii)(B)
266.1 03(c)(8)(ii)(C)
266.1 03(c)(8)(ii)(D)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
Page 62 of 121
CBIF91D.12 - 5/19/92 (Printed: 9/23/93]
-------
OSWER DIRECTIVE NO. 9541.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPA 12
FEDERAL REQUIREMENT
conduct compliance
test under revised
operating conditions
and submitted proto-
col to determine
266.104-266.107
emissions standards
compliance
submit revised
certification of
compliance under
266.103(0(4)
recertification of
compliance within
three years; if
recertification under
new operating condi-
tions, 266.1 03(c)(8)
compliance
if noncompliance with
interim status com-
pliance schedule,
burning is to terminate
on date deadline is
missed, closure to
begin under
266.103(1), and no
resumption of burning
except under 270.66
operating permit;
criteria for compliance
with 266.103(1),
266.1 12(d)(2) and
266.113 provisions
no hazardous waste
as feed during start-up
and shut-down unless
device is operating <
within certification
conditions
CHECK-
LIST
REFERENCE
85
85
85
85.96
FEDERAL RCRA CITATION
266.1 03(c)(8)(iii)
266.1 03(c)(8)(iv)
266.103(d)
•
266.103(6)
ANALOGOUS
STATE CITATION
85 266.103(f) : '
STATE ANALOG IS:
"EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
Page 63 of 121
CBIF91D.12 • 5/19/92 |Pnm«l 9/23/93I
-------
OSWER DIRECTIVE NO. 9541.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPA 12
FEDERAL REQUIREMENT
during 266.103(c)(3)
compliance test and
upon certification of
compliance, automatic
waste feed cutoff
required; additional
requirements include:
maintenance of
minimum combustion
chamber temperature
while hazardous waste
or residues remain in
chamber to minimize
emissions of organic
compounds
if compliance with
combustion chamber
temperature limit
is based on hourly
rolling average,
minimum temperature
during compliance
test is averaged over
all runs of the lowest
hourly rolling average
for each run
if compliance with
combustion chamber
temperature limit
is based on instan-
taneous temperature
measurement, mini-
mum temperature
during compliance test
is time-weighted
average during all
test runs
CHECK-
LIST
REFERENCE
85
85,94
85
85
FEDERAL RCRA CITATION
266.103(0)
266.1 03(a)(1)
266.1 03(a)(1 Hi)
266.1 03(d)(1)(ii)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
Page 64 of 121
CBIF91D.12 - 5/19/92 (Printed: 9/23/93]
-------
OSWER DIRECTIVE NO. 9541.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPA 12
FEDERAL REQUIREMENT
continued monitoring
of operating param-
eters with limits
during cutoff; no
restart of hazardous
waste feed until
parameters comply
with limits established
in compliance
certification
requirements for
controlling fugitive
emissions
ipease burning hazard-
Jous waste when
changes in combustion
properties, feed rates,
feed stocks/fuels
or design or operating
conditions deviate
from permit limits
owner or operator,
while burning hazar-
dous waste, must
monitor and record:
specified feed rates
and composition of
specified materials to
ensure conformance
with certification
CO, HC and oxygen
on a continuous basis
as specified; monitors
installed, operated and
maintained as per 266,
Appendix IX methods
CHECK-
LIST
REFERENCE
85
85
85
85
85
85
FEDERAL RCRA CITATION
266.1 03(a)(2)
266.1 03(h)
266.i03(h)(1)
266.1 03(h)(2)
266.1 03(h)(3)
266.103(0
266.1 03(i)(1)
266.1 03(i)(1 Hi)
266.1 03(i)(1)(ii)
ANALOGOUS .
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
i
i
Page 65 of 121
CBIF91D.12 - 5/19/92 (Primed 9/23/93)
-------
OSWER DIRECTIVE NO. 9541.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPA 12
FEDERAL REQUIREMENT
sampling and analysis
as requested by
Director to verify
compliance with
266.104-266.107
standards
daily visual inspection
of boiler or industrial
furnace and
associated equipment
when they contain
hazardous waste
test automatic feed
cutoff system and
associated alarms at
least once every
7 days when
hazardous waste is
burned unless
specified conditions
are demonstrated;
operational testing
at least once every
30 days
monitoring and
inspection data
recorded and placed
in operating loq
all 266.103-required
information and data
kept in facility
operating record
until closure of the
boiler or industrial
furnace unit
remove all hazardous
waste and hazardous
waste residues at
closure and comply
with 265.111-265.115
CHECK-
LIST
REFERENCE
85
85
85
85
85,96
85
FEDERAL RCRA CITATION
266.1 03(i)(1)(iii)
266.1 03(i)(2)
266.1 03(i)(3)
266.1 03(i)(4)
266.1 03(k)
266.103(1)
ANALOGOUS
STATE: CITATION
•
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
Page 66 of 121
CBIF91D.12 • 5/19/92 (Pnnied: 9/23/93)
-------
OSWER DIRECTIVE NO. 9541.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPA 12
FEDERAL REQUIREMENT
CHECK-
LIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE I BROADER
STRINGENT | IN SCOPE
STANDARDS TO CONTROL ORGANIC EMISSIONS
except as
266.104(a)(3)
provides, ORE of
99.99% required for
all organic hazardous
constituents;
demonstration
during trial burn for
each POHC in permit
for each waste feed;
ORE equation
POHC compliance
with DRE require-
ments to be
demonstrated in
trial burn in
conformance with
270.66 procedures;
designation of POHCs
for each waste feed
by Director
based on degree of
difficulty of destruction
and on waste feed
concentrations con-
sidering analyses sub-
mitted with Part B;
261, Appendix VIII
compounds unless
demonstration of other
compound is suitable
indicator of DRE
requirements
DRE of 99.9999% for
F020-F023, F026 or
F027 as determined
from 266.104(a)(1)
equation; notification
of intent to burn
85.94
85
such wastes 85,94
266.1 04(a)(1)
266.1 04(a)(2)
i
266.104(a)(3) ;
Page 67 of 121
CBIF91D.12 - 5/19/92 [Printed: 9/23/93]
-------
OSWER DIRECTIVE NO. 9541.00-18
SPA 12
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
FEDERAL REQUIREMENT
owners and operators
of boilers operating
under 266.110
requirements are
exempt from DRE
trial burn
owners and operators
of boilers or industrial
furnaces in
compliance with
266.109(a) are exempt
from DRE trial burn
except as 266.104(c)
provides, CO stack
gas concentration
cannot exceed 100
ppmv on an hourly
rolling average basis,
continuously corrected
to 7% oxygen, dry
aas basis
continuous monitoring
of CO and oxygen
in conformance with
266, Appendix IX
specifications
demonstration of
100 ppmv CO com-
pliance during trial
burn or compliance
test; highest hourly
rolling average CO
must not exceed
100 ppmv
stack gas concen-
tration of CO may
exceed 100 ppmv if
HC concentrations do
not exceed 20 ppmv;
exception under
266.1 04(f)
CHECK-
LIST
REFERENCE
85
85
85
85.94
85
85
FEDERAL RCRA CITATION
266.1 04(a)(4)
266.1 04(a)(5)
266.1 04(b)(1)
266.1 04(b)(2)
266.1 04(b)(3)
266.1 04(c)(1)
ANALOGOUS
STATE; CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
! | ;
s i !
i
• i
i
i i
i
i
Page 68 of 121
CBIF91D.12 - 5/19/92 [Print*: 9/23/93}
-------
OSWER DIRECTIVE NO. 9541.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPA 12
FEDERAL REQUIREMENT
HC limits established
on hourly rolling
average basis,
reported as propane,
continuously corrected
to 7% oxygen, dry gas
basis
HC continuously
monitored under 266,
Appendix IX specifi-
cations; CO and
oxygen contin-
uously monitored
under 266.104(b)(2)
alternative CO stan-
dard based on trial
burn data (new facility)
and compliance test
(interim status facility);
definition and
implementation
industrial furnaces that
feed hazardous waste
for purpose other than
solely as an ingredient
at any location other
than end where
products are normally
discharged and fuels
are normally fired
must comply with
266.1 04(c) or (f)
hydrocarbon limits,
irrespective of
whether 266.104(b)
standard is met
CHECK-
LIST
REFERENCE
85
85.94
85
85
FEDERAL RCRA CITATION
266.1 04(c)(2)
266.1 04(c)(3)
266.1 04(cK4)
'
266.1 04(d)
ANALOGOUS
STATE CITATION
EQUIV-
ALENT
STATE ANALOG
• MORE
STRINGENT
IS:
BROADER
IN SCOPE
Page 69 of 121
CBIF91D.12 - 5/19/92 [Print.* 9/23/93)
-------
OSWER DIRECTIVE NO. 9541.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPA 12
FEDERAL REQUIREMENT
site-specific risk
assessment for
specific boilers and
industrial furnaces to
demonstrate that
chlorinated
dibenzo-p-dioxins and
dibenzofurans emis-
sions do not result in
increased lifetime
cancer risk exceeding
1 in 100,000 MEI;
assessment require-
ments:
determine emission
rates of certain tetra-
octa congeners during
trial burn or
compliance test using
266, Appendix IX
CHECK-
LIST
REFERENCE
85
Method 23 85,94
estimate 2,3,7,8-TCDD
toxicity equivalence of
specified congeners
using 266, Appendix
IX procedures;
formula for estimation
of equivalent emission
rate ; 85,94
conduct dispersion
modeling using recom-
mended methods to
predict maximum
annual average off-site
ground level concen-
FEDERAL RCRA CITATION
266.104(6)
266.1 04(e)(1)
266.1 04(e)(2)
ANALOGOUS
STATE CITATION
1
trations of i
2,3,7,8-TCDD ;
STATE ANALOG IS:
EQUIV-
ALENT
equivalents; maximum
annual average on- :
site concentration i
used when a person
resides on-site 85 ' 266.104(e)(3)
MORE
STRINGENT
BROADER
IN SCOPE
i
Page 70 of 121
CBIF91D.12 - 5/19/92 (Pnnt«j 9/23/93)
-------
OSWER DIRECTIVE NO. 9541.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPA 12
FEDERAL REQUIREMENT
specified
2,3,7,8-TCDD ratio
shall not exceed 1.0
for industrial furnaces
that cannot meet the
20 ppmv HC limit
because of organic
matter in raw material,
Director may establish
alternative HC limit on
case-by-case basis;
cement kilns equipped
with by-pass duct
meeting 266.1 04(g)
requirements not
eligible for alterna-
tive limit
demonstrate that
facility is designed and
operated to minimize
HC emissions from
fuels and raw materials
when baseline HC
(and CO) level is
determined; baseline
level defined; may be
multiple baseline
levels
develop approach to
monitor over time
changes in facility
operation that could
reduce baseline
HC level
conduct emissions
testing during trial
burn to:
determine baseline
HC (and CO) level
demonstrate that HC
(and CO) levels do
not exceed baseline
level when hazardous
waste is burned
CHECK-
LIST
REFERENCE
85,94.96
85
85
85
85
85
i
85
FEDERAL RCRA CITATION
266.1 04(e)(4)
266.104(f)
266.1 04(0(1)
266.104(f)(2)
266.104(0(3)
266.1 04(f)(3)(i)
266.1 04(f)(3)(ii)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-I MORE
ALENT! STRINGENT
BROADER
IN SCOPE
!
i i
: i
Page 71 of 121
CBIF91D.12 - 5/19/92 |Pnnt«j 9123193]
-------
OSWER DIRECTIVE NO. 9541.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPA 12
FEDERAL REQUIREMENT
identify types and
concentrations of 261 ,
Appendix VIII organic
compounds that are
emitted; conduct dis-
persion modeling; on-
site ground level
concentrations evalu-
ated if person resides
on-site
demonstrate that
maximum annual
average ground level
concentrations of
266.1 04(f)(3)(iii)
compounds do not ex-
ceed specified levels
monitor and report all
266.104(f) hydrocarbon
levels as
266.1 04(c)(1)&(2)
specify
cement kilns may
comply with CO and
HC limits under
266.1 04(b)-(d) by
monitoring in the
by-pass duct provided:
fire hazardous waste
only into the kiln
by-pass duct diverts
minimum of 10% of
kiln off-qas into duct
CHECK-
LIST
REFERENCE
85.94
85
85
85
.85
85
85
85
85
85.94
FEDERAL RCRA CITATION
266.1 04(W3Hiii)
266.1 04(f)(3)(iii)(A)
266.1 04(f)(3)fiii)(B)
266.1 04(f)(3)(iv)
266.1 04(f)(3)(iv)(A)
266.1 04(f)(3)(iv)(B)
266.1 04(f)(3)(iv)(C)
266.1 04(f)(4)
266.104(0)
266.1 04(a)m
266.1 04(a)(2)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
i
BROADER
IN SCOPE
10
Page 72 of 121
CBIF91D.12 - 5/19/92 [Printed.9/23/93]
-------
OSWER DIRECTIVE NO. 9541.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPA 12
FEDERAL REQUIREMENT
simultaneous demon-
stration of 266.104
compliance by emis-
sions testing or during
separate runs under
identical operating
conditions; data to
demonstrate com-
pliance with CO and
HC limits or to
establish alternative
limits must be
obtained during DRE
testing, CDD/CDF
testing and compre-
hensive organic
emissions testing
compliance with permit
operating requirements
regarded as
compliance with
266.104; if such
compliance is in-
sufficient, modification
or revocation and re-
issuance of permit
under 270.41
CHECK-
LIST
REFERENCE
85
85
FEDERAL RCRA CITATION
266.1 04(h)
266.104(1)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
STANDARDS TO CONTROL PARTICULATE MATTER
paniculate matter
emissions limited to
180 milligrams per
dry standard cubic
meter after specified
correction using Part
60, Appendix A,
Methods 1-5 and 266,
Appendix IX
procedures
85
266.105(a)
Page 73 of 121
CBIF91D.12 - 5/19/92 |Pnm«d 9/23/93]
-------
OSWER DIRECTIVE NO. 9541.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPA 12
FEDERAL REQUIREMENT
owner or operator
meeting 266.109(b)
requirements for low
risk waste exemption
is exempt from
paniculate matter
standard
compliance with
permit operating
requirements regarded
as compliance with
266.105; if such
compliance is insuffi-
cient, modification or
revocation and re-
issuance of permit
under 270.41
CHECK-
LIST
REFERENCE
85
85
FEDERAL RCRA CITATION
266.1 05(b)
266.105(c)
ANALOGOUS
STATE; CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
STANDARDS TO CONTROL METALS EMISSIONS
compliance with
266.1 06(b), (c), (d),
(e), or (f) for each
266.106(b) metal that
is detectable in waste
using specified
procedures
Tier I feed rate
screening limits for
metals specified in
266, Appendix I as a
function of
terrain-adjusted
effective stack
height and terrain and
land use in facility
vicinity; criteria for
ineligible facilities
in 266.1 07(b)(7)
85,94
85
266.106(a)
266.106(b)
,
Page 74 of 121
CBIF91D.12 - 5/19/92 (Print*); 9/23/93]
-------
OSWER DIRECTIVE NO. 9541.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPA 12
FEDERAL REQUIREMENT
feed rates of
antimony, barium,
lead, mercury, thallium
and silver in all
feedstreams shall not
exceed 266, Appendix
I screenino. limits
what feed rate
screening limits
for antimony, barium,
mercury, thallium,
and silver are
based on
what feed
rate screening
limit for lead is
based on
feed rates of arsenic,
cadmium, beryllium
and chromium in all
feedstreams shall not
exceed values derived
from 266, Appendix I
screening limits; feed
rate limit equation
what feed
rate screening
limits for carcinogenic
metals are based on
equation for terrain-
adjusted effective
stack heiaht (TESH)
stack height may not
exceed 40 CFR
51.100(ii) good
enqineerina practice
CHECK-
LIST
REFERENCE
85
85
85
85.94
85
85,94
85
85
FEDERAL RCRA CITATION
266.1 06(b)(1)
266.1 06(b)(1)(0
266.1 06(b)(1Hi)(A)
266.1 06(b)(1)(i)(B)
266.1 06(b)(1)(ii)
266.1 06(b)(1)(ii)(A)
266.1 06(b)(1)(ii)(B)
266.1 06(b)(1)(ii)(C)
266.1 06(b)(2)(i)
266.1 06(b)(2)(ii)
266.1 06(b)(2)(ii)(A)
266.106(b)(2)(ii)(B)
266.1 06(b)(3)(i)
266.1 06(b)(3)(ii)
ANALOGOUS
STATE CITATION
!
EQUIV-
ALENT
STATE ANALOG
MORE
STRINGENT
IS:
BROADER
IN SCOPE
Page 75 of 121
CBIF91D.12 - 5/19/92 [Print*: 9/23/93]
-------
OSWER DIRECTIVE NO. 9541.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPA 12
FEDERAL REQUIREMENT
if TESH for a partic-
ular facility is not
listed in table in
appendices, nearest
lower TESH to be
used; if TESH < 4
meters, a value of 4
meters shall be used
screening limits
function of
non-complex or com-
plex terrain: criteria;
use U.S. Geological
Survey 7.5-minute
topoqraphic maps
screening limits
function of urban or
rural land use;
determination using
266, Appendices
IXorX
facilities with multiple
stacks must comply
with screening limits
for all units assuming
all hazardous waste is
fed into device with
worst-case stack;
worst-case stack
equation, with lowest
K value the worst-
case stack
criteria under which
Tier III standards
aonlv instead of
CHECK-
LIST
REFERENCE
85
85
85,94
85.94
FEDERAL RCRA CITATION
266.106(bH3Hiii)
266.1 06(b)(4)
266.1 06(b)(5)
266.1 06(bM6)
266.1 06(b)(7)
266.1 06(b)(7Ki)
266.1 06(b)(7Hii)
266.106(b)(7)(iii)
266.106fbW7WM
ANALOGOUS
STATE CITATION
EQUIV-
ALENT
i
STATE ANALOG
MORE
STRINGENT
|
]
IS:
BROADER
IN SCOPE
Tier I and Tier II
screening limits
85
266.106(b)(7)(v)
Page 76 of 121
CBIF91D.12 - 5/19/92 [Printed: 9/23/93|
-------
OSWER DIRECTIVE NO. 9541.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPA 12
FEDERAL REQUIREMENT
monitor feed rate of
metals in each feed-
stream to ensure
screening limits are
not exceeded
Tier II emission rate
screening limits func-
tion of stack height
and terrain and land
use in facility vicinity;
ineligible facilities
comply with
266.1 06(b)(7) criteria
emission rates of
antimony, barium, ;
lead, mercury,
thallium and silver
shall not exceed
266, Appendix ;
I screening limits
emission rates of
arsenic, cadmium,
beryllium and
chromium shall not
exceed values
derived from 266,
Appendix I screening
limits; emission
rate equation
emission rate limits
implemented by
limiting individual
metal feed rates to
trial burn or
compliance test levels;
averaging periods;
monitoring of metals
feed rate in each
feedstream to ensure
compliance with
266.102 or 266.103
limits
CHECK-
LIST
REFERENCE
85
85
85
85,94
85
FEDERAL RCRA CITATION
266.106(b)(8)
266.1 06(c)
266.1 06(c)(1)
266.1 06(c)(2)
i
266.1 06(c)(3)
ANALOGOUS
STATE CITATION
{
EQUIV-
ALENT
:
!
>YATE ANALOG
MORE
STRINGENT
IS:
BROADER
IN SCOPE
Page 77 of 121
CBIF91D.12 - 5/19/92 [Pnntad: 9/23/93]
-------
OSWER DIRECTIVE NO. 9541.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPA 12
FEDERAL REQUIREMENT
CHECK-
LIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
266.106(b) definitions
and limitations for
specified terms also
apply to 266.106(c)
Tier II emission rate
screening limits
85
266.106(c)(4)
facilities with multiple
stacks must comply
with emissions screen-
ing limits for any such
stacks assuming all
hazardous waste is
fed into device with
worst-case stack
85
266.106(cK5)(0
worst-case stack
determined by
266.106(b)(6)
procedures
85
266.106(c)(5)(ii)
for each metal,
total emissions from
those stacks shall
not exceed
worst-case stack
screening limit
85
266.106(c)(5)(iii)
conformance with Tier
III metals control
demonstrated by emis-
sions testing, air
dispersion modeling,
and demonstration that
acceptable ambient
levels are not
exceeded
85
I 266.106(d)(1)
266, Appendices IV
and V list acceptable
ambient levels; RACs
listed for
noncarcinogenic
metals and 10'5
RSDs listed for car-
cinogenic metals;
RSD defined
85
266.106(d)(2)
Page 78 of 121
CBIF91D.12 - 5/19/92 (Prmt«d 9/23/93!
-------
OSWER DIRECTIVE NO. 9541.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPA 12
FEDERAL REQUIREMENT
sum of the ratios of
predicted ambient
concentrations to risk-
specific dose for all
carcinogenic metals
emitted shall not
exceed 1.0: equation
for noncarcinogenic
metals, predicted
maximum annual
average off-site
ground level
concentration shall not
exceed the RAC
owners/operators with
multiple stacks must
conduct emissions
testing and dispersion
modeling to demon-
strate that aggregate
emissions do not
exceed acceptable
ambient levels
under Tier III, feed
rates limited to trial
burn or compliance
test levels; averaging
periods same as
under
266.1 06(b)(1)(i)-(ii)
and (b)(2)(ii); monitor
metals feed rate in
each feedstream to
ensure 266.102 or
266.103 compliance
CHECK-
LIST
REFERENCE
85,94
85
85
FEDERAL RCRA CITATION
266.1 06(d)(3)
266.1 06(d)(4)
266.1 06(d)(5)
ANALOGOUS
STATE CITATION
J
I
STATE ANALOG IS:
EQUIV-
ALENTJ
:
MORE
STRINGENT
!
BROADER
IN SCOPE
t :
85 266.1 06(d)(6)
Page 79 of 121
CBIF91D.12 - 5/19/92 [Print** 9/23/931
-------
OSWER DIRECTIVE NO. 9541.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPA 12
FEDERAL REQUIREMENT
adjusted Tier I feed
rate screening limits
to account for site-
specific dispersion
modeling; how to
estimate adjusted
feed rate; feed rate
screening limits for
carcinogenic metals
implemented under
266.1 06(b)(2)
alternative implemen-
tation approaches
approved by Director
on a case-by-case
basis for Tier II or
III metals emission
limits
.
determination of
266.106(d) emissions
limits for each
noncarcinogenic and
carcinoaenic metal
use 266, Appendix IX
Multiple Metals Train
to conduct emissions
testing
chromium emissions
assumed to be hexa-
valent chromium
unless owner/operator
determines otherwise
CHECK-
LIST
REFERENCE
85,94
85
85,94
85
85.94
85
85
FEDERAL RCRA CITATION
266.106(6)
266.1 06(f)(1)
266.106(0(2)
266.1 06(f)(2)(i)
266.1 06(f)(2)(ii)
266.1 06(f)(2)(ii)(A)
266.1 06(f)(2)(ii)(B)
266.1 06(a)(1)
266.1 06(a)(2)
ANALOGOUS
STATE CITATION
J
EQUIV-
ALENT
•
STATE ANALOG
MORE
STRINGENT
IS:
BROADER
IN SCOPE
Page 80 of 121
CBIF91D.12 • 5/19/92
9/23/93]
-------
OSWER DIRECTIVE NO. 9541.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPA 12
FEDERAL REQUIREMENT
dispersion modeling
conducted according
to specified methods
to predict maximum
annual average off-
site ground level con-
centration; on-site
concentrations when
person resides on-site
compliance with
266.102 permit oper-
ating requirements
regarded as 266.106
compliance unless
evidence indicates
otherwise; modification
or revocation and
re-issuance of permit
under 270.41
CHECK-
LIST
REFERENCE
85
85
FEDERAL RCRA CITATION
266.1 06(h)
266.106(0
ANALOGOUS
STATE CITATION
EQUIV-
ALENT
STATE ANALOG
MORE
STRINGENT
IS:
BROADER
IN SCOPE
STANDARDS TO CONTROL HYDROGEN CHLORIDE (HCI) AND CHLORINE GAS (CI2)
EMISSIONS
compliance with HCI
and CI2 controls
under
266.1 07(b) or (c)
Tier I feed rate
screening limits for
total chlorine
specified in 266,
Appendix II as a
function of stack
height and terrain
and land use in
facility vicinity;
feed rate of
total chlorine and
chloride in all
feedstreams not
85,94
to exceed !
specified levels : 85
266.107(a)
266.107(b)(1) I i
;
i
,
Page 81 of 121
CBIF91D.12 • 5/19/92 [Printed: »23/93|
-------
OSWER DIRECTIVE NO. 9541.00-18
SPA 12
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
FEDERAL REQUIREMENT
Tier II emission rate
screening limits for
HCI and CI2 specified
in 266, Appendix III
as a function of
terrain-adjusted effec-
tive stack height and
terrain and land use
in facility vicinity;
stack emission rates
not to exceed
specified levels
266.1 06(b) definitions
and limitations for
specified terms also
apply to 266.1 07(b)
screening limits
facilities with multiple
stacks subject to HCI
or CI2 emissions con-
trols must comply with
Tier I and II screening
limits assuming all
hazardous waste is
fed into device with
worst-case stack
worst-case stack
determined by
266.1 06(b)(6)
procedures
under Tier I, total
feed rate of chlorine
and chloride to all
subject devices not to
exceed worst-case
stack screenina limit
under Tier II, total
HCI and CI2 emissions
from all subject stacks
not to exceed worst-
case stack screening
limit
CHECK-
LIST
REFERENCE
85,94
85,94
85
85
85
85
FEDERAL RCRA CITATION
266.1 07(b)(2)
266.1 07(b)(3)
266.107(b)(4)
266.1 07(b)(4)(i)
266.1 07(b)(4)(ii)
i
266.1 07(b)(4)(iii)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
1 MORE
STRINGENT
1
1
j
BROADER
IN SCOPE
Page 82 of 121
CBIF91D.12 - 5/19/92 |Pnnt«i
-------
OSWER DIRECTIVE NO. 9641.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPA 12
FEDERAL REQUIREMENT
CHECK-
LIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV- MORE BROADER
ALENT I STRINGENT IN SCOPE
conformance with Tier
III controls demon-
strated by HCI and CI2
emissions testing, air
dispersion modeling,
and demonstration
that acceptable
ambient levels are not
exceeded
85
i 266.107(0(1)
266, Appendix IV lists
RACs for HCI and Cl,
85
266.107(c)(2)
facilities with multiple
stacks subject to HCI
or CI2 emissions con-
trols must conduct
emissions testing and
dispersion modeling to
demonstrate that
aggregate emissions
do not exceed accept-
able ambient levels
for HCI and CL
85
266.107fc)(3)
11 HCI and CI2 controls
implemented by
limiting feed rate of
total chlorine and
chloride in all
feedstreams; feed rate
under Tier I limited
to Tier I screening
limits; feed rate under
Tiers II and III
limited to trial burn
or compliance test
feed rates; feed rate
limits based on:
85
266.107(d)
266.107(d)(1)
85.94
266.107(d)(21
adjusted Tier I feed
rate screening limits
to account for site-
specific dispersion
modeling; how to
determine these
adjusted rates
85.94
266.107(e)
Page 83 of 121
CBIF91D.12 - 5/19/92 [Pnm«i
-------
OSWER DIRECTIVE NO. 9541.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPA 12
FEDERAL REQUIREMENT
emissions testing for
HCI and CI2 con-
ducted using 266,
Appendix IX
procedures
dispersion modeling
conducted according
to 266.106(h)
provisions
compliance with
266.102 permit oper-
ating requirements
regarded as 266.107
compliance unless
evidence indicates
otherwise; modifi-
cation or revocation
and re-issuance of
permit under 270.41
CHECK-
LIST
REFERENCE
85
85
85,94
FEDERAL RCRA CITATION
266.107(0
266.107(0)
266.1 07(h)
ANALOGOUS
STATE CITATION
1
EQUIV-
ALENT
STATE ANALOG
MORE
STRINGENT
IS:
BROADER
IN SCOPE
SMALL QUANTITY ON-SITE BURNER EXEMPTION
owners and operators
that burn hazardous
waste in on-site
boiler or industrial
furnace exempt from
266.108 requirements
provided:
quantity of hazardous
waste burned for a
calendar month does
not exceed limits
shown in table
titled "Exempt
Quantities for
Small Quantity Burner
Exemption" based on
266.1 06(b)(3) terrain-
adjusted effective
stack height; table
85.94
85,94
266.108(3)
266.1 08(a)(1)
Page 84 of 121
CBIF91D.12 - 5/19/92 |Prinl«d: 9/23/93]
-------
OSWER DIRECTIVE NO. 9541.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'dj
SPA 12
FEDERAL REQUIREMENT
maximum hazardous
waste firing rate does
not exceed 1% of
total fuel
requirements on a
total heat input or
mass input basis,
whichever results in
the lower mass feed
rate of hazardous
waste
minimum heating
value of 5,000 Btu/lb
does not contain
F020-F023, F026
or F027
if mixed with non-
hazardous waste,
compliance with
266.108(a) quantity
before mixinq
equation for imple-
menting 266.1 08(a)(1)
quantity limits if
burning in more than
one exempt on-site
boiler or industrial
furnace
one-time signed,
written notification
requirements for small
quantity burner
exemption
CHECK-
LIST
REFERENCE
85,96
85
85
85
85.94
85
FEDERAL RCRA CITATION
266.1 08(a)(2)
266.1 08(a)(3)
266.1 08(a)(4)
266.1 08(b)
266.1 08(c)
266.1 08(d)
266.108(d)(1)
266.1 08(d)(2)
266.1 08(d)(3)
ANALOGOUS
STATE CITATION
'
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
1
Page 85 of 121
CBIF91D.12 - 5/19/92 [Printed: 9/23/93]
-------
OSWER DIRECTIVE NO. 9541.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPA 12
FEDERAL REQUIREMENT
maintain for at least
3 years sufficient
records documenting
quantity firing rate
and heating value
limits compliance,
including quantity
burned per
calendar month and
heatina value
CHECK-
LIST
REFERENCE
-
85
FEDERAL RCRA CITATION
ANALOGOUS
STATE CITATION
i
266.108(6) !
STATE ANALOG IS:
EQUIV-
ALENT
' MORE 1 BROADER
STRINGENT 1 IN SCOPE
LOW RISK WASTE EXEMPTION
waiver of 266.104(a)
DRE standard if
device is operated in
conformance with
266.1 09(a)(1) and
burning will not result
in unacceptable ad-
verse health effects
as per 266.1 09(a)(2)
procedures
operating
requirements for
device
85
85
85,94,96
85
266.109(3)
266.1 09(a)(1)
266.1 09(a)(1)(i)
266.1 09(a)(1)(ii)
i
i
266.1 09(a)(1)(iii)
266.1 09(a)(1)(iv) '
j
Page 86 of 121
CBIF91D.12 • 5/19/92 [Printed 9/23/93]
-------
OSWER DIRECTIVE NO. 9541.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPA 12
FEDERAL REQUIREMENT
procedures to demon-
strate that hazardous
waste burning will not
pose unacceptable
adverse public health
effects
conditions under
which the 266.105
participate
matter standard is
waived
CHECK-
LIST
REFERENCE
85
85,94
85
85
85,94
FEDERAL RCRA CITATION
266.1 09(a)(2)
266.1 09(a)(2)(i)
266.1 09(a)(2)(ii)
266.1 09(a)(2)(iiO
266.1 09(a)(2)(iii)(A)
266.1 09(aM2Miii)(B)
266.1 09(a)(2Hiv)
266.1 09(a)(2)(iv)(A)
266.1 09(a)(2)(iv)(B)
266.1 09(a)(2)(iv)(C)
266.1 09(b)
266.1 09(b)(1)
266.1 09(b)(2)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
!
•
:
WAIVER OF DRE TRIAL BURN FOR BOILERS
boilers operating
under 266.1 10
requirements and that
do not burn
F020-F023, F026 or
F027 considered in
compliance with
266.104(a) DRE stan-
dard, and trial burn to
demonstrate DRE is
waived; when burning
hazardous waste:
.
i
I
i
j
i
I
{
i
t
:
85 266.110 i
Page 87 of 121
CBIF91D.12 - 5/19/92 (Printed. 9/23/93]
-------
OSWER DIRECTIVE NO. 9641.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPA 12
FEDERAL REQUIREMENT
"primary fuel" defined;
minimum of 50%
primary fuel firing
rate, determined on
total heat or mass
input basis,
whichever results in
the greater mass
feed rate
boiler load defined
and not less than 40%
minimum as-fired
heating value of
8,000 Btu/lb
conformance with
266.1 04(b)(1) carbon
monoxide standard;
boilers subject to
266.110 ORE waiver
not eligible for
266.104(c) alternative
carbon monoxide
standard
boiler must be water-
tube type that does
not feed fuel using a
stoker or stoker type
mechanism
conditions under
which hazardous
waste shall be fired
directly into
primary fuel flame
zone of combustion
chamber with an air
or steam, mechanical
or rotary cup
atomization system
CHECK-
LIST
REFERENCE
85.96
85
85
85
85
85
85.94
85
!
FEDERAL RCRA CITATION
266.110(3)
266.1 10(b)
266.110(0
266.1 10(d)
266.110(6)
266.11 Off)
266.1 10(f)(1)
266.1 10(f)(2)
266.1 10(f)(3)
266.110(f)(4)
ANALOGOUS
STATE CITATION
j '•
EQUIV-
ALENT
I
i
STATE ANALOG
MORE
STRINGENT
.
i
|
>
IS:
BROADER
IN SCOPE
Page 88 of 121
CBIF91D.12 - 5/19/92 (Pnnt«d 9/23/93)
-------
OSWER DIRECTIVE NO. 9541.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPA 12
FEDERAL REQUIREMENT
CHECK-
LIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
' MORE BROADER
STRINGENT I IN SCOPE
STANDARDS FOR DIRECT TRANSFER
266.111 regulations
apply to boilers and
industrial furnaces
subject to 266.102 or
266.103 if direct
transfer of hazardous
waste from transport
vehicle to boiler or
industrial furnace
without use
of storaqe unit
for 266.1 1 1 , terms
have meanings given
in 266.1 11(b)(1)
"direct transfer
eauioment"
'container"
"tank systems" means
direct transfer equip-
ment when Subparts I
and J of Parts 264
and 265 are
referenced
no direct transfer of
pumpable hazardous
waste from open-top
container to boiler
or industrial furnace
85
85
85
85
85
85
266.111(a)
266.1 IKbMDintro
266.1 11(b)(1)
266.1 11 (b)(1)
:
266.1 11(b)(2)
266.1 11(c)(1)
direct transfer equip-
ment requirements 85
1 266.111(c)(2)
Page 89 of 121
CBIF91D.12 - 5/19/92 [Printed: 9123193]
-------
OSWER DIRECTIVE NO. 9541.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPA 12
FEDERAL REQUIREMENT
direct transfer of
hazardous waste to
boiler or industrial
furnace conducted
so that it does
not result in any
266.1 11(c)(3)(i)-(vi)
situation
conditions under which
hazardous waste shall
not be placed in
direct transfer
equipment
appropriate controls
and practices to pre-
vent spills and over-
flows from direct
transfer equipment or
its secondary contain-
ment system
applying
266.111 (b)(1)
definition of
container, owners
and operators must
comply with:
264.175 contain-
ment requirements
CHECK-
LIST
REFERENCE
85
85
85
85
85
FEDERAL RCRA CITATION
266.1 11(c)(3)
266.1 11(c)(3)(i)
266.1 1Uc)(3)(ii)
266.1 11(c)(3)(iii)
266.1 11(c)(3)(iv)
266.1 11(O(3)(v)
266.1 11(c)(3)(vn
266.111(0(4)
266.1 11fcH5)
266.1 11(c)(5)(0
266.1 11(c)(5)(ii)
266.1 11(d)
266.1 11(d)m
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
Page 90 of 121
CBIF91D.12 - 5/19/92
io/s/93]
-------
OSWER DIRECTIVE NO. 9541.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPA 12
FEDERAL REQUIREMENT
use and management
requirements of
Subpart I, Part 265
requirements, except
265.170 and 265.1 74;-
compliance with
specified
maintenance and
protective distances
in lieu of 265.176
requirements; written
certification by local
fire marshal! to be
kept on file
264.178 closure
requirements
direct transfer
equipment must meet
following
requirements:
secondary contain-
ment requirements
for new and
existina eauioment
for existing direct
transfer equipment
without secondary
containment, deter-
mination whether
leaking or unfit for
use; assessment
written, reviewed and
certified by quali-
fied, registered
professional engineer
in accordance with
270.1 1(d) by August
21. 1992
CHECK-
LIST
REFERENCE
85.96
85
85
85
85
FEDERAL RCRA CITATION
266.1 11(dV2)
266.1 11(d)(3)
266.111(e)
266.1 11(eM1)
266.1 11(eW1 Hi)
266.1 11(e)(1)(ii)
266.1 11(e)(2)(n
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
"TOll IV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
Page 91 of 121
CBIF91D.12 - 5/19/92 (Printed: 10/8/93)
-------
OSWER DIRECTIVE NO. 9541.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPA 12
FEDERAL REQUIREMENT
minimum considera-
tions for assessment
if, due to
266.1 11(e)(2)(i)&(ii)
assessment, direct
transfer equipment
found to be
leaking or unfit for
use, compliance with
265.196(a) and (b)
inspection
requirements at least
once each operating
hour when trans-
ferring hazardous
waste from container
to boiler or
industrial furnace
inspect cathodic pro-
tection systems to
ensure 265.195(b)
comoliance
records of inspections
maintained in
operating record for at
least 3 years
265.192 compliance
for design and
installation of new
ancillary equipment
265.196 compliance
for response to leaks
or spills
CHECK-
LIST
REFERENCE
85
85
85
85
85
85
85
FEDERAL RCRA CITATION
266.1 11(e)(2)0i)
266.1 11(e)(2)(ii)(A)
266.1 11(e)(2Hii)(B)
266.1 11(e)(2)(ii)(C)
266.1 11(eM2WWD)
266.1 1 Ue)(2)(ii)f E)
266.1 11(e)(2)(iii)
266.1 11(e)(3)(i)
266.1 11(e)(3HiKA)
266.1 11(eM3MiWB)
266.1 11(e)(3MWC)
266.1 11 (e)(3)(il)
266.1 11(e)(3)(iin
266.1 11(e)(4)
266.1 11(e)(5)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
.
MORE
STRINGENT
BROADER
IN SCOPE
Page 92 of 121
CBIF91D.12 - 5/19/92 [Primed io/B5"3|
-------
OSWER DIRECTIVE NO. 9641.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPA 12
FEDERAL REQUIREMENT
265.197 closure com-
pliance, except
265.197(c)(2M4)
CHECK-
LIST
REFERENCE
85
FEDERAL RCRA CITATION
266.1 11(e)(6)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
12 REGULATION OF RESIDUES
residue derived from
burning or processing
of hazardous waste is
not excluded under
261.4(b)(4), (7) or
(8) unless device and
owner or operator
meet the following
requirements:
criteria the device
must meet:
demonstration by
owner or operator
that hazardous waste
does not significantly
affect residue by
demonstrating
conformance with
either of two
criteria:
comparison of waste-
derived residue with
normal residue for
261, Appendix VIII
constituents; proce-
dures to be used
85,94
85
85.96
85
85
85
266.112
266.112(a)
266.1 12(aH1)
266.1 12(a)(2)
266.1 12(a)(3)
266.1 12(b)
266.1 12(b)(1)
13
Page 93 of 121
CBIF91D.12 - 5/19/92 |Pnnt«j 9/23/93]
-------
OSWER DIRECTIVE NO. 9541.00-1 8
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPA 12
FEDERAL REQUIREMENT
determination of con-
centrations of toxic
constituents of
concern in normal
residue based on
analyses of a
minimum of 10
samples representing
a minimum of 10
days of operation;
CHECK-
LIST
REFERENCE
determine I
compositing
period not to exceed
24 hours; upper
tolerance limit (at
95% confidence with
a 95% proportion of
the sample distri- i
bution for the
statistically-derived
i
| ANALOGOUS
FEDERAL RCRA CITATION | STATE CITATION
concentration; when j
to revise; how to ;
determine the upper
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
i
I
1
i
I
i
tolerance limit 85,96 266.1 12(b)(1)(i) , l
Page 94 of 121
CBIF91D.12 - 5/19/92 |Pnnt.d: 9/23/93]
-------
OSWER DIRECTIVE NO. 9541.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPA 12
FEDERAL REQUIREMENT
sampling and
analysis of waste-
derived residue
to determine whether
residue generated
during each 24-hour
period has concen-
trations of toxic
constituents higher
than 266.1 12(b)(1)(i)
normal residue
concentrations;
CHECK- 1
LIST
REFERENCE | FEDERAL RCRA CITATION
I
(
1
1
t
1
(
i
if so, residue not ex- :
eluded from definition
of hazardous waste;
toxic constituent
concentrations based
on analysis of
samples obtained
over 24-hour period;
for multiple samples,
concentration of toxic
constituent is arith-
metic mean; no
results may be
disregarded
concentration of non-
metal toxic consti-
tuents of concern in
water derived residue
may not exceed
health-based limits
specified in 266, Ap-
pendix VII; if no limit
in Appendix VII, limit
is 0.002 mg/kg or
level of detection,
85.96
266.112(b)(1)(ii)
i .
1
whichever is hiaher 85 ' 266.1 12(b)(2)(i)
for metal constituents, :
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
j
1
1
i
1
i
'
i
in extract concen-
tration obtained using
261.24TCLP not to
exceed 266,
Appendix VII limits
85
266.112(bU2)fii)
Page 95 of 121
CBIF91D.12 • 5/19/92 [Printed: 9/23/93]
-------
OSWER DIRECTIVE NO. 9541.00-18
SPA 12
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
1 CHECK-
I LIST
FEDERAL REQUIREMENT i REFERENCE
'
sampling :,
and analysis of
waste-derived residue
to determine whether i
residue generated
during each 24-hour
period has con-
centrations of toxic
constituents higher
than health-based
levels; determination
of toxic concentrations
based on analysis of
one or more
samples obtained
over 24-hour period;
for multiple
samples, con- j
centration of toxic
constituent is
arithmetic mean of '
concentrations in \
samples; no results ;
may be disregarded 96
i
85,96
I
records to document j
266.112 compliance t
to be retained until I
closure of boiler or
industrial furnace unit;
information
FEDERAL RCRA CITATION
266.1 12(b)(2)(iii)
266.112(c)
266.1 12(cH1)
266.112(cH2)
ANALOGOUS
STATE CITATION
266.1 12(cH2)(i)
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
i
BROADER
IN SCOPE
to be recorded
85
' 266.112(c)(2)(ii)
Page 96 of 121
CBIF91D.12 • 5/19/92 [Prints 9/23/93
-------
OSWER DIRECTIVE NO. 9641.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPA 12
FEDERAL REQUIREMENT
CHECK-
LIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
"EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
APPENDIX I TO PART 266
TIER I AND TIER II FEED RATE AND EMISSIONS SCREENING LIMITS FOR METALS
Tier I and Tier II
Feed Rate and Emis-
sions Screening Limits
for Noncarcinogenic
Metals for Facilities
in Noncomplex Terrain
(see 56 FR 7728
and 56 FR 32690)
Tier I and Tier II
Feed Rate and Emis-
sions Screening
Limits for
Noncarcinogenic
Metals for Facilities
in Noncomplex
Terrain
(see 56 FR 7229)
Tier I and Tier II
Feed Rate and Emis-
sions Screening
Limits for
Noncarcinogenic
Metals for Facilities
in Complex Terrain
(see 56 FR 7729)
Tier I and Tier II
Feed Rate and Emis-
sions Screening
Limits for
Carcinogenic
Metals for Facilities
in Noncomplex
Terrain
85.94
85
85
Appendix I/Table I-A
Appendix I/Table I-B
Appendix I/Table I-C
(see 56 FR 7230
and 56 FR 32690) 85,94 ; Appendix liable I-D !
i
i
j
!
Page 97 of 121
CBIF91D.12 - 5/19/92 [Prinled: 9/23/93)
-------
OSWER DIRECTIVE NO. 9541.00-18
SPA 12
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
FEDERAL REQUIREMENT
Tier I and Tier II
Feed Rate and Emis-
sions Screening
Limits
for Carcinogenic
Metals for Facilities
in Complex Terrain
CHECK-
LIST
REFERENCE
(see 56 FR 7230 and
56 FR 32690, or the
FEDERAL RCRA CITATION
July 1. 1991 CFR) 85,94 : Appendix l/Table I-E
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
!
'
MORE
STRINGENT
BROADER
IN SCOPE
'
'
'
14
APPENDIX II TO PART 266
TIER I FEED RATE SCREENING LIMITS FOR TOTAL CHLORINE AND CHLORIDE
Tier I Feed Rate
Screening Limits for
Chlorine for Facilities
in Noncomplex and
Complex Terrain (see
56 FR 32690-32691
or the July 1, 1991
CFR)
85.94
Appendix II
APPENDIX III TO PART 266
TIER II EMISSION RATE SCREENING LIMITS FOR FREE CHLORINE AND HYDROGEN
CHLORIDE
14 Tier II Emissions
Screening Limits for
CI2 and HCI in Non-
complex Terrain (see
56 FR 32691 or the
July 1, 1991 CFR)
14 Tier II Emissions
Screening Limits for
CI2 and HCI in Com-
plex Terrain (see
56 FR 32691 or the
July 1, 1991 CFR)
85,94
•
85.94
Appendix III
Appendix III
Page 98 of 121
CBIF91D.12 - 5/19/92 |Pnnt«d: 9/23/93]
-------
OSWER DIRECTIVE NO. 9541.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPA 12
FEDERAL REQUIREMENT
CHECK-
LIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
APPENDIX IV TO PART 266
REFERENCE AIR CONCENTRATIONS
Constituents, CAS
Nos. and RAC
(see 56 FR 7232
and 56 FR 32691,
Correction 81 or the
Julv 1, 1991 CFR)
85.94
Appendix IV
APPENDIX V TO PART 266
RISK SPECIFIC DOSES
Constituents, CAS
Nos., Unit risk and
RSD (see 56 FR 7232-
7233 or the July 1,
1991 CFR)
85
Appendix V
APPENDIX VI TO PART 266
STACK PLUME RISE
flow rates and ex-
haust temperatures
(see 56 FR 7233-
7234 or the July 1,
1991 CFR)
85
Appendix VI
APPENDIX VII TO PART 266
HEALTH-BASED LIMITS FOR EXCLUSION OF WASTE-DERIVED RESIDUES
Metals-TCLP Extract
Concentration Limits
(56 FR 7234 and
56 FR 32691,
Correction 82 or the
Julv 1. 1991 CFR)
85.94
I
i
Appendix VII
Page 99 of 121
CBIF91D.12 • 5/19/92 [Print** 9/23/93|
-------
OSWER DIRECTIVE NO. 9541.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPA 12
FEDERAL REQUIREMENT
Nonmetals-Residue
Concentration Limits
CHECK-
LIST
REFERENCE
(see 56 FR 7234 and \
56 FR 32691 , .
FEDERAL RCRA CITATION
Correction 83 or the I \
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
July 1. 1991 CFR)
85.94
Appendix VII
APPENDIX VIII TO PART 266
POTENTIAL PICs FOR DETERMINATION OF EXCLUSION OF WASTE-DERIVED RESIDUES
PICs Found in Stack
Effluents (see
56 FR 7235 and
56 FR 32691,
Correction 84
or the
July 1. 1991 CFR)
85.94
Appendix VIM
APPENDIX IX TO PART 266
METHODS MANUAL FOR COMPLIANCE WITH BIF REGULATIONS
15 Burning Hazardous
Waste in Boilers
and Industrial
Furnaces (see
56 FR 32692-32795
or the
July 1, 1991 CFR)
15,16 Statistical
Methodology for
Bevill Residue
Determinations
(see 56 FR
42516 & 42517)
85.94
85,94.96
Appendix IX
Appendix IX/
Section 7.0
•
I
Page 100 of 121
CBIF91D.12 - 5/19/92 [Pnm«d 9/23/93]
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OSWER DIRECTIVE NO. 9541.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPA 12
FEDERAL REQUIREMENT
Special procedures
for chlorine, HCI and
CLj (see 56 FR
32786-32787 and
56 FR 42512,
Corrections 6 and 7
under Part 270; note
these corrections
should have
been placed
under Part 266)
Determination of
Enrichment Factor
(see 56 FR 32796
CHECK-
LIST
REFERENCE
FEDERAL RCRA CITATION
Appendix IX/
85,94,96 i Section 9.2
ANALOGOUS
STATE CITATION
or the Appendix A to •
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
!
!
'
t
1
j
!
Julv 1. 1991 CFR) 85.94 Appendix IX ', \
1
15
17
APPENDIX X TO PART 266
GUIDELINE ON AIR QUALITY MODELS (REVISED)
Guideline on Air
Quality Models (see
56 FR 32796-32819
or the
Julv 1. 1991 CFR)
Summaries of
Preferred Air
Quality Models (see
56 FR 32819-32828
or the
Julv 1. 1991 CFR)
Summaries of
Alternative Air
Quality Models (see
56 FR 32828-32849)
or the
Julv 1, 1991 CFR
85,94
85,94
85.94
Appendix X
Appendix A to
Appendix X
Appendix B to
Appendix X
Example Air Quality
Analysis Checklist
(see
56 FR 32849-32852
of the
Julv 1. 1991 CFR)
Appendix C to
85.94 j Appendix X
Page 101 of 121
CBIF91D.12 - 5/19/92 (Printed: 9/23»3]
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OSWER DIRECTIVE NO. 9541.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPA 12
FEDERAL REQUIREMENT
CHECK-
LIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
APPENDIX XI TO PART 266
LEAD-BEARING MATERIALS THAT MAY BE PROCESSED IN EXEMPT LEAD SMELTERS
add new appendix
addressing lead-bearing
materials that
may be processed
in exempt lead
smelters, (see
56 FR 42517)
96
Appendix XI
APPENDIX XII TO PART 266
NICKEL OR CHROMIUM-BEARING MATERIALS THAT MAY BE PROCESSED IN EXEMPT
NICKEL-CHROMIUM RECOVERY FURNACES
add new appendix
addressing nickel or
chromium-bearing
materials that may be
processed in exempt
nickel-chromium
recovery furnaces
(see 56 FR 42517) •
96
Appendix XII
PART 270 - EPA ADMINISTERED PERMIT PROGRAMS:
PERMIT PROGRAM
THE HAZARDOUS WASTE
SUBPART B - PERMIT APPLICATION
18 SPECIFIC PART B INFORMATION REQUIREMENTS FOR BOILERS AND INDUSTRIAL
FURNACES BURNING HAZARDOUS WASTE
owners and operators
subject to 266.104-
266.107 must conduct
a trial burn and must
submit a trial burn
plan or results in
accordance with
270.66
85
270.22(a)(1)
Page 102 of 121
CBIF91D.12 - 5/19/92 [Printed: 9/23/93]
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OSWER DIRECTIVE NO. 9541.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPA 12
FEDERAL REQUIREMENT
waiver of trial burn
to demonstrate con-
formance with a
particular emission
standard under
266.104-266.107
and 270.22(a)(2)-
(aW5)
data in lieu of a
trial burn as
270.22(a)(6) specifies
boiler owners and
operators seeking to
be permitted under
266.1 04(a)(4) and
266.110, must submit
documentation
showing boiler
[compliance with
special operating
requirements at
266.110; trial burn
waived
information that
must be submitted for
boilers and industrial
furnaces seeking to
be permitted under
the low risk waste
provisions of
266.1 04(a)(5) and
266.109(a) without
CHECK-
LIST
REFERENCE
85
85
85
85
85.94
FEDERAL RCRA CITATION
270.22(a)(1)(i)
270.22(a)(1)(ii)
270.22(a)(2)(i)
270.22(a)(2)(ii)
270.22(a)(2)(ii)(A)
270.22(a)(2)(ii)(B)
270.22(a)(2Hii)(C)
270.22(a)(2)(ii)(D)
ANALOGOUS
STATE CITATION
EQUIV-
ALENT
STATE ANALOG
MORE
STRINGENT
IS:
BROADER
IN SCOPE
a trial burn
85
270.22(a)(2)(ii)(E)
Page 103 of 121
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OSWER DIRECTIVE NO. 9541.00-18
SPA 12
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
FEDERAL REQUIREMENT
information that
must be submitted
when seeking to be
permitted under Tier
I metals feed rate
screening limits at
266.106(b)&(e) with-
out a trial burn
when seeking to be
permitted under the
low risk waste provi-
sions of 266.109(b)
which waives the
paniculate standard,
submit documentation
supporting
270.22(a)(2)(ii) and
(a)(3) conformance
information to be
submitted when seek-
ing to be permitted
under Tier I feed rate
screening limits for
total chloride and
chlorine under
266.1 07(b)(1) and (e)
provisions without a
trial burn
CHECK-
LIST
REFERENCE
85
85
85
85.94
FEDERAL RCRA CITATION
270.22(a)(3)
270.22(a)(3)(i)
270.22(a)(3)(ii)
270.22fa)(3)(iii)
270.22(a)(3)(iv)
270.22(a)(3)(v)
270.22(a)(3Hvi)
270.22(a)(3)(vii)
270.22(a)(4)
270.22(aK5)
270.22(a)(5)(i)
270.22fa)(5)(ii)
270.22(a)(5)(iii)
270.22(a)(5)(iv)
270.22(a)(5)(v)
270.22(a)(5)(vi)
270.22(a)(5)(vii)
ANALOGOUS
STATE CITATION
EQUIV-
ALENT
STATE ANALOG
MORE
STRINGENT
IS:
BROADER
IN SCOPE
Page 104 of 121
CBIF91D.12 - 5/19/92 [Print*: 9/23/93|
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OSWER DIRECTIVE NO. 9641.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPA 12
CHECK-
LIST
FEDERAL REQUIREMENT REFERENCE
owner or i
operator may seek
exemption from trial
burn requirements j
demonstrating
266.104-266.107 j
conformance, by pro-
viding information from \
previous compliance •
testing of the device i
or compliance testing
or trial burns of similar I
boilers or industrial
furnaces; burning
similar wastes under
similar conditions
270.66 design and op- !
eration information re-
quired; conditions
under which Director
shall approve a permit
application in lieu of a ,
trial burn; additional I
information
to be submitted ; 85.94
I
for a waiver from
anv trial burn: 85
FEDERAL RCRA CITATION
270.22(a)(6)
270.22(a)(6)(i)
270.22(a)(6WiWA)
270.22(a)(6)(i)(B)
ANALOGOUS
STATE CITATION
i
i 270.22(a)(6)W(C) !
STATE ANALOG IS:
EQUIV
ALENT
i MORE
STRINGENT
BROADER
IN SCOPE
i
Page 105 of 121
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OSWER DIRECTIVE NO. 9541.00-18
SPA 12
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
FEDERAL REQUIREMENT
CHECK- I
LIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV- MORE IBROADER
ALENT STRINGENT IN SCOPE
for a waiver of the
ORE trial burn, basis
for selection of
POHCs used in other
burns which
demonstrate
266.104(a) compliance;
analysis should
specify 261,
Appendix VIM
constituents in hazar-
dous waste for which
a permit is sought
and any differences
from POHCs for which
data are provided
85
270.22(a)(6)fli)
i
85
270.22(b)
85.94 : 270.22fb)Ml
270.22(b)(2)
270.22(b)(3)
minimum information
to be submitted for
industrial furnaces
with organic matter
in raw materials
requesting an alter-
native HC limit under
266.104(0
270.22(bU4)
270.22(b)(4)(i)
. 270.22(b)(4)fii)
i 270.22(b)(5)
85
270.22(b)(6)
Page 106 of 121
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OSWER DIRECTIVE NO. 9541.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPA 12
FEDERAL REQUIREMENT
when seeking to be
permitted under
266.106(f) alternative
metals implementation
approach, submit
documentation that
ensures 266.106(c)
or (d) compliance and
how approach can be
implemented and
monitored; provide
other information as
Director finds
necessary
describe automatic
waste feed cutoff
system, including any
ore-alarm systems
|use of direct transfer
operations requires
submittal of informa- '
tion supporting
266.1.11 conformance I
demonstration of |
266.112 conformance
if claim is made that
residues are excluded
from requlation
CHECK-
LIST
REFERENCE
j
85
85
85
I
85
FEDERAL RCRA CITATION
270.22(c)
270.22(d)
270.22(e)
270.22(f)
ANALOGOUS
STATE CITATION
EQUIV-
ALENT
i
1
i
i
STATE ANALOG
MORE
STRINGENT
IS:
BROADER
IN SCOPE
SUBPART D - CHANGES TO PERMITS
19 PERMIT MODIFICATION AT THE REQUEST OF THE PERMITTEE
replace "270.21" with
"270.22" and
"and 270.63" with
"270.63 and 270.66"
94
270.42(c)(1)(iv)
paragraph heading is i i
changed to "Newly •
regulated wastes and
units" , 85 , 270.42(a)
!
i
Page 107 of 121
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-------
OSWER DIRECTIVE NO. 9541.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPA 12
FEDERAL REQUIREMENT
add wording at end
of paragraph
regarding the
continued
management of
hazardous waste in
units newly
regulated as hazar-
dous waste
management units;
change "wates" to
"wastes"
insert "The unit"
before "was in
existence"; add
"or newly regulated
waste management
unit" after "charac-
terized waste"; add
"or regulating
the unit" at end of
paragraph; change
"effetive" to
"effective"
insert "The permittee"
before "submits";
insert "or unit" after
"waste"
insert "The permittee"
before "is"; insert
"applicable" before
"standards"; change
"Part 265" to "Parts
265 and 266 of this
chapter"
CHECK-
LIST
REFERENCE
FEDERAL RCRA CITATION
I
• i
I
j
85,94 270.42(Q)(1)
ANALOGOUS
STATE CITATION
85.94 ! 270.42fa)(1)(i)
85 270.42(d)(1)(ii)
i
• (
STATE ANALOG IS:
EQUIV-
ALENT
MORE i BROADER
STRINGENT 1 IN SCOPE
. j
t
: i
t
1
f
'•
I
i
t
i j
1 :
!
j
j
i
!
I
i
1 ;
85 , 270.42(a)(1Hiii)
Page 108 of 121
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OSWER DIRECTIVE NO. 9541.00-1 8
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPA 12
FEDERAL REQUIREMENT
CHECK-
LIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
delete "In the case
of Classes 2 and 3
modifications,"; insert
"The permittee"
before "also"; replace
"permit modification"
with "Class 2 or 3
modification"; change
"180 days after" to
"180 days of"; add
"or subjecting the unit
to RCRA Subtitle C
management
standards" to end of
paragraph
85.94 ! 270.42(g)(1)(iv)
20 insert "the permittee"
before "certifies";
insert "each" before
"such unit"; change
"Part 265" to
"requirements of Part
265 of this chapter
for"; add ", or
regulating the unit as
a hazardous waste
management unit"
after "hazardous";
change "clarify" to
"certify"; insert "all"
before "these require-
ments"; change "shall
lose" to "will lose"
85
270.42(g)(1)(v)
Page 109 of 121
CBIF91D.12 - 5/19/92 [Prim*: 9/23/93]
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OSWER DIRECTIVE NO. 9541.00-18
SPA 12
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
FEDERAL REQUIREMENT
CHECK-
LIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
change the heading of
"L." to read "Incinera-
tors, Boilers, and
Industrial Furnaces"; in
"L.1." replace "a waste
feed rate limit, or an
organic feed rate limit"
with "a feedstream
feed rate limit, a
chlorine/chloride feed
rate limit, a metal
feed rate iimit, or an
ash feed rate limit";
in "L.4." insert ",
boiler, or industrial
furnace" after "incine-
rator"; in "L.5."
replace "." after
"requirements" with
":"; in "L5.a." insert
"or maximum" before
"combustion gas tem-
perature" & add "flue
gas carbon monoxide
and hydrocarbon con-
centration, maximum
temperature at the in-
let to the particu late
matter emission con-
trol system, or operat-
ing parameters for
the air pollution con-
trol system" after
"chamber"; change
"L.6." heading to read
"Burning different
wastes:"; in L.6.a.&b.
change all "to incine-
rate" to "to burn"; in
"7.b." change "waste
incineration" to "waste
burning"; in "L.8."
insert "nonhazardous
waste" before "fuel"
85.94
270.42/Appendix I
Page 110 of 121
CBIF91D.12 - 5/19/92 [Print*: 9/23/93)
-------
OSWER DIRECTIVE NO. 9541.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPA 12
FEDERAL REQUIREMENT
CHECK-
LIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
SUBPART F - SPECIAL FORMS OF PERMITS
PERMITS FOR BOILERS AND INDUSTRIAL FURNACES BURNING HAZARDOUS WASTE
new boilers and
industrial furnaces
subject to 270.66(b)-
(f); those under
interim
status standards of
266.103 subject to
270.66(a)
permit for new boiler
or industrial furnace
shall specify approp-
riate conditions for
the following operating
periods:
85
85
pretrial burn period
described; Director
must establish in ;
Pretrial Burn Period
of permit conditions, '•
allowable hazardous
waste feed rates and ;
operating conditions;
extension of period
for up to 720 addi-
tional hours; permit
may be modified to
reflect extension as
per 270.42 85,94
submittal of statement
with Part B that
suggests operating
conditions for
270.66(a)
270.66(b)
270.66(b)(1)
266.104-266.107
compliance during
period, including
restrictions on ;
266.102(e) operating
reauirements 85 270.66(b)(1)(i)
'.
;
!
Page 111 of 121
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OSWER DIRECTIVE NO. 9541.00-18
SPA 12
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
FEDERAL REQUIREMENT
CHECK-
LIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
review of Part B
materials and specifi-
cation by Director of
requirements sufficient
to meet 266.104-
266.107 performance
standards based on
engineering judgment
85
270.66fb)Mlfll)
for duration of trial
burn, Director
establishes conditions
in permit to determine
feasibility of com-
pliance with 266.104-
266.107 standards and
to determine
adequate 266.102(e)
operating conditions;
applicants must pro-
pose a trial burn plan
as per 270.66(c) and
submit with Part B
85
! 270.66(b)(2)
for defined
minimum period
immediately following
trial bum, during which
submission and review
of trial burn results
and modification of
permit by Director
occurs, Director
establishes operating
requirements most
likely to ensure
compliance with
266.104-266.107
standards
85
: 270.66(b)(3)(i)
Page 112 of 121
CBIF91D.12 - 5/19/92 (Prints 9/23/93]
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OSWER DIRECTIVE NO. 9541.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPA 12
FEDERAL REQUIREMENT
submittal of statement
with Part B that
identifies operating
conditions for
266.104-266.107
compliance during
period, including
restrictions on
266.102(e) operating
reauirements
review and specifi-
cation by Director of
requirements sufficient
to meet 266.104-
266.107 performance
standards based on
enqineerinq judqment
for final period of
operation, Director
develops operating
requirements in
conformance with
266.102(e) and
266.104-266.107 stan-
dards; Director shall
make necessary modi-
fications to permit
as per 270.42 based
on trial burn results
to ensure compliance
information the trial
burn plan must
include; Director may
require supplemental
information
1 CHECK-
LIST
1 REFERENCE
85
85
85,94
85
FEDERAL RCRA CITATION
270.66(b)(3)(ii)
270.66(b)(3)(iii)
270.66(b)(4)
270.66(c)
270.66(c)(1)
ANALOGOUS
STATE CITATION
I
'
I
•
EQUIV-
ALENT
STATE ANALOG
MORE
STRINGENT
IS:
BROADER
IN SCOPE
analysis of each
feedstream. as fired
i 270.66(c)(1)(i)
85
270.66(c)(1)(ii)
Page 113 of 121
CBIF91D.12 - 5/19/92 [Print«d: 9123/93}
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OSWER DIRECTIVE NO. 9641.00-18
SPA 12
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
FEDERAL REQUIREMENT
analysis of each
hazardous waste,
as fired
detailed engineering
description of boiler
or industrial furnace
detailed description
of sampling and
monitoring procedures
detailed test schedule
for each hazardous
waste for which the
trial burn is planned
detailed test protocol
description of, and
planned operating
conditions for, any
emission control
equipment to be used
CHECK-
LIST
REFERENCE
85
85.94
85
85
85,94
85
85
85
85
85
FEDERAL RCRA CITATION
270.66(cW2)
270.66(c)(2W)
270.66(c)(2)(ii)
270.66(c)(2)(iii)
270.66(c)(3)
270.66(c)(3)(i)
270.66(c)(3)(ii)
270.66(c)(3)(iii)
270.66(c)(3)(iv)
270.66(c)(3)(v)
270.66(c)(3)(vi)
270.66(cH3)(vii)
270.66(cH3)(viii)
270.66(c)(4)
270.66(c)(5)
270.66(c)(6)
270.66(c)(7) !
ANALCX3OUS
STATE CITATION
EQUIV-
ALENT
3TATE ANALOG
MORE
STRINGENT
IS:
BROADER
IN SCOPE
,
Page 114 of 121
CBIF91D.12 - 5/19/92 [Pnnt«d 9/2*93|
-------
OSWER DIRECTIVE NO. 9541.00-1 8
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPA 12
FEDERAL REQUIREMENT
procedures for rapid
stopping of hazardous
waste feed and emis-
sions control if an
eauioment malfunction
other information
Director finds
necessary
trial burn conducted
to demonstrate
conformance with
266.104-266.107
standards under an
approved trial burn
Dlan
findings under which
the Director shall
approve a trial
burn plan
submit to Director
within 90 days of trial
burn completion a
certification that trial
burn was carried out
in accordance with
approved plan and
results of all
270.66(c) required
determinations
submit all data
collected during any
trial burn
270.66(d) submissions
must be certified by
signature of person
authorized to sign
permit application or ,
270.11 report :
CHECK-
LIST
REFERENCE
85
85
85
85
85
85
85
FEDERAL RCRA CITATION
270.66(c)(8)
270.66(c)(9)
270.66(d)(1)
270.66(d)(2)
270.66(d)(2)(i)
270.66(d)(2)(in
270.66(d)(2)(iii)
270.66(d)(2)(iv)
270.66(dK3)
270.66(d)(4)
270.66(cM5)
ANALOGOUS
STATE CITATION
•
£
EQUIV-
ALENT
STATE ANALOG
MORE
STRINGENT
i
IS:
BROADER
IN SCOPE
Page 115 of 121
CBIF91D.12 - 5/19/92 |Print«d 9/23/93]
-------
OSWER DIRECTIVE NO. 9541.00-18
SPA 12
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
FEDERAL REQUIREMENT
for DRE trial burn
under 266.104(a),
Director will specify
trial POHCs; basis
for specification
determinations to be
made based on each
trial burn:
quantitative analysis
of specified materials
in the feedstreams
determinations needed
when a DRE trial burn
is required under
266.104(a)
quantitative analysis
of stack gas and a
computation showing
conformance with the
emission standard
when a trial burn is
required for chlorinated
dioxins and furans
under 266.104(e)
quantitative analysis
of stack gas and
computations showing
conformance with
applicable emission
standards when a trial
burn is required for
paniculate matter, j
metals, or HCI/CI2
under 266.105,
266.1 06(c) or (d),
or 266.107(b)(2) or (c)
CHECK-
LIST
REFERENCE
85
85
85
85
85,94
85
FEDERAL RCRA CITATION
270.66(6)
270.66(f)
270.66(f)(1)
270.66(f)(2)
270.66(f)(2)(i)
270.66(f)(2)(ii)
270.66(f)(2)(iii)
270.66(0(3)
270.66(f)(4)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
!
MORE 1 BROADER
STRINGENT | IN SCOPE
i
i
i
i
i
i
i
t
•
i
Page 116 of 121
CBIF91D.12 - 5/19/92 [Print* 9/23/93)
-------
OSWER DIRECTIVE NO. 9541.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPA 12
FEDERAL REQUIREMENT
quantitative analysis
of scrubber water, ash
residues, other resi-
dues and products to
estimate fate of trial
POHCs, metals, and
chlorine/chloride when
a trial burn is
required for DRE,
metals or HCI/CI2
under 266.104(a),
266.1 06(c) or (d), or
266.1 07(b)(2) or (c)
identification of
CHECK- 1
LIST
REFERENCE
FEDERAL RCRA CITATION
i
i
i
85
sources of fugitive
emissions and their
means of control 85
continuous measure- !
ment of CO, oxygen, !
and HC in stack gas 85
such other information ;
as Director specifies 85,94
270.66(0(5)
270.66(0(6)
270.66(0(7)
ANALOGOUS
STATE CITATION
i
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
1
!
: !
270.66(0(8) !
Page 117 of 121
CBIF91D.12 • 5/19/92 [Pnm«j 9/23/93)
-------
OSWER DIRECTIVE NO. 9541.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPA 12
FEDERAL REQUIREMENT
to determine feasi-
bility of compliance
with 266.104-266.107
performance standards
and adequate operat-
ing conditions under
266.103, applicants of
existing devices
operated under interim
status must either
prepare and submit a
trial burn plan and
perform a trial burn
or submit 270.22(a)(6)
information; submit
trial burn results with
Part B application if
CHECK-
LIST
REFERENCE
plan approved before l
Part B submission; :
date for submission;
FEDERAL RCRA CITATION
ANALOGOUS
STATE CITATION
!
requirements if sub- :
mitting trial burn plan !
with Part B application 85 270.66(a)
STATE ANALOG IS.
EQUIV-
ALENT
MORE
STRINGENT
!
i
BROADER
IN SCOPE
SUBPART G - INTERIM STATUS
CHANGES DURING INTERIM STATUS
add new paragraph
regarding the addition
of newly regulated
units if a revised
Part A permit appli-
cation is submitted on
or before the date the
unit becomes subject
to the new require-
ments
85
270.72(a)(6)
add new paragraph
regarding the addition
of newly regulated
units under
270.72(aK6)
85
270.72(b)(7)
Page 118 of 121
CBIF91D.12 - 5/19/92 [Pnm«j 9/23/93]
-------
OSWER DIRECTIVE NO. 9541.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPA 12
FEDERAL REQUIREMENT
CHECK-
LIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
TERMINATION OF INTERIM STATUS
insert "which has
achieved interim status
prior to November 8,
1984, interim status
terminates" before "on
November 8, 1989"
insert "which has
achieved interim status
prior to November 8,
1984, interim status
terminates" before "on
November 8. 1992"
85,94
85.94
270.73(f)
270.73(0.)
Revision Checklist 85 (February 21, 1991; 56 FR 7134) redesignated the old paragraph (d)(2) as
(d)(3) and introduced a new paragraph (d)(2) into the code. Revision Checklist 94 (July 17, 1991;
56 FR 32688) made technical corrections to the February 21, 1991 amendatory language for
261.2 and incorrectly redesignated paragraph (d)(3) as (d)(4) and paragraph (d)(4) as (d)(5). The
Federal code does not include 261.2(d)(3) or 261.2(d)(4). The technical correction addressed by
Revision Checklist 96 (August 27, 1991; 56 FR 42504) fixed this error.
The Federal Register addressed by Revision Checklist 94 designated this paragraph as
"261.3(c)(2)(ii)(8)." This is a typographical error; the correct paragraph designation is
"261.3(c)(2)(ii)(B)." This error was ultimately corrected by Revision Checklist 96.
Note that Revision Checklist 85 made revisions to paragraphs 265.112(d)(2), 265.112(d)(2)(i),
265.112(d)(2)(ii), 265.113(a) and 265.113(b). However, the technical correction addressed by
Revision Checklist 96 reversed the revisions made by Revision Checklist 85 and retained the July
1990 CFR language. Thus States should not make any changes to paragraphs 265.112(d)(2),
265.113(a) or 265.113(b).
Note that there is a typographical error in the Federal Register addressed by Revision Checklist
94 (56 FR 32692; July 17, 1991). The "§266.4" in the heading should be "§266.40." This error
was corrected by Revision Checklist 96 at 56 FR 42512 (August 27, 1991).
This paragraph was entered into the code by Revision Checklist 85 and was modified by Revision
Checklist 96. Subsequently, Revision Checklist 98 issued an administrative stay of the BIF rule as
it applies to coke ovens burning certain hazardous wastes from the coke by-products recovery
process. The administrative stay is optional. Note also that Revision Checklist 98 incorrectly
changed the reference 266.100(b), (c), (d) and (f) to 266.100(b), (c) and (d). It should read
266.100(b), (c), (d) and (f). There will be a technical correction addressing this error.
Page 119 of 121
CBIF91D.12 - 5/19/92 (Printed: 9123193}
-------
OSWER DIRECTIVE NO. 9541.00-18
SPA 12
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
FEDERAL REQUIREMENT
CHECK-
LIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
g
Note that the Federal Register addressed by Revision Checklist 85 designated this paragraph as
"266.102(d)(4)(D)." This is a typographical error; the correct designation is "266.102(d)(4)(iv)."
See technical correction at 56 FR 32688 (July 17, 1991; Revision Checklist 94).
Note that in the February 21, 1991 rule addressed by Revision Checklist 85, the subparagraph
designation was not italicized. This is a typographical error. The August 27, 1991 (56 FR 42504;
Revision Checklist 96) technical correction fixes this error.
o
The Federal Register addressed by Revision Checklist 85 has a typographical error; the reference
to "266.102(e)(4)(iii)(c)(f) and (2)" in this citation should be "266.102(e)(4)(iii)(C)(7) and (2)."
g
Note that in the Federal Register for Revision Checklist 85, the subparagraph designation was not
italicized. This is a typographical error. The 56 FR 32688 (July 17, 1991; Revision Checklist 94)
technical correction fixes this error.
In the Federal Register addressed by Revision Checklist 85, the designation for this subparagraph
is 266.104(g)2. This is a typographical error; the correct designation is 266.104(g)(2). See the
technical correction at 56 FR 32689 (July 17, 1991; Revision Checklist 94).
In the Federal Register addressed by Revision Checklist 85, the designations for these
subparagraphs are 266.107(d)(i) and 266.107(d)(ii) (see 56 FR 7225). These are typographicar
errors. The subparagraphs should be designated 266.107(d)(1) and 266.107(d)(2). See technical
corrections at 56 FR 32690 (July 17, 1991; Revision Checklist 94).
12
In the Federal Register addressed by Revision Checklist 85, the section designation for regulation
of residues is 266.122 (see 56 FR 7227). This is a typographical error and the section should be
designated 266.112. Revision Checklist 94 corrects this error at 56 FR 32688 (July 17, 1991).
13
Note that Revision Checklist 96 replaced the old paragraph introduced into the code by Revision
Checklist 85.
Note that Revision Checklist 94 replaced the old Table introduced into the code by Revision
Checklist 85.
Note that Revision Checklist 85 simply makes an announcement concerning the publishing of the
Appendix at a future time. The Appendix was actually entered into the code by Revision Checklist
94 and then sections 7.0 and 9.2 were modified by Revision Checklist 96.
1 fi
Note that Revision Checklist 96 replaced the old section 7.0 introduced into the code by Revision
Checklist 94.
Note that Revision Checklist 85 simply makes an announcement concerning the publishing of the
Appendix at a future date. The Appendix was actually entered into the code by Revision
Checklist 94.
Page 120 of 121 CBIF91D.12 - 5/19/92 iPnnt«j: 9/23/93]
-------
OSWER DIRECTIVE NO. 9541.00-18
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd)
SPA 12
FEDERAL REQUIREMENT
CHECK-
LIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
18
19
20
Note that this is the same section of code which contained the specific Part B information
requirements for the Wood Preserving listing (55 FR 50450). Thus, the Part B boilers/industrial
furnace requirements were added so that the Part B information requirements for drip pads were
inadvertently removed by the rule addressed by Revision Checklist 85 (56 FR 7134; February 21,
1991). On July 1, 1991 (56 FR 30192; Revision Checklist 92) a technical correction was
published moving the wood preserving requirements to 270.26.
States only need to make changes if they have adopted, or plan to adopt, the provisions
addressed by Revision Checklist 54 (53 FR 37912), because 270.42 is not required by 271.14 to
be part of a State's permitting program.
The paragraph following 270.42(g)(1)(v) in Federal code, i.e., 270.42(g)(2), is included in the
Federal Register for Revision Checklist 85 (56 FR 7237, February 21, 1991). However, no
changes were made to the paragraph by the February 21, 1991 rule, so it has not been included
in this consolidated checklist.
Page 121 of 121
CBIF91D.12 - 5/19/92 printed: 9/23/93]
-------
OSWER DIRECTIVE NO. 9541.00-18
Consolidated Wood Preserving Listings Checklist
-------
OSWER DIRECTIVE NO. 9541.00-18
SPA 12
CONSOLIDATED CHECKLIST
for the
Wood Preserving Listings as of December 31, 1991
Notes: 1) This checklist consolidates the changes to the Federal code addressed by the
following Wood Preserving Listings checklists: Revision Checklist 82 [55 FR 50450 (December 6,
1990)]; Revision Checklist 91 [56 FR 27332 (June 13, 1991)]; and Revision Checklist 92 [56 FR
30192 (July 1, 1991)].
2) This consolidated 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.
3) Note that double lines are used on the checklists to indicate the beginning and ending of
optional provisions with subparagraphs or requirements that must all be adopted if the optional
provision is adopted.
FEDERAL REQUIREMENT
CHECK-
LIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV- 1 MORE
ALENTj STRINGENT
BROADER
IN SCOPE
PART 260 - HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL
SUBPART B - DEFINITIONS
DEFINITIONS
add "drip pad" in
alphabetical order
82
260.10
Page 1 of 44
CWP91D.12 - 9/28/92
(Printed 9/23/93)
-------
OSWER DIRECTIVE NO. 9541.00-18
SPA 12
CONSOLIDATED CHECKLIST : Wood Preserving Listings
as of December 31, 1991 (cont'd)
FEDERAL REQUIREMENT
CHECK-
LIST
REFERENCE
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
1 EXCLUSIONS
t Spent Wood Preserving Solutions and Wastewaters
add new paragraph
which excludes as
a solid waste
spent wood pre-
serving solutions
that have been
reclaimed and are
reused for their
original
intended purpose
add new paragraph
which excludes as
a solid waste
wastewaters from
the wood
preserving
process that have
been reclaimed
and are reused
to treat wood
82.92
92
261.4(a)(9Hi)
261.4(a)(9)(ii)
HAZARDOUS WASTES FROM NON-SPECIFIC SOURCES
add the waste
codes "F032",
"F034" and T035"
in alphanumeric
order to list as
shown below; in-
clude parenthetic
note concerning
administrative stay
82.t91
261.31(a)
Page 2 of 44
CWP91D 12 •
[Pnnl«d 9/23/931
-------
OSWER DIRECTIVE NO. 9541.00-18
SPA 12
CONSOLIDATED CHECKLIST : Wood Preserving Listings
as of December 31, 1991 (cont'd)
CHECK- STATE ANALOG IS: ~
LIST ANALOGOUS EQUIV- MORE BROADER
FEDERAL REQUIREMENT | REFERENCE I FEDERAL RCRA CITATION | STATE CITATION I ALENTI STRINGENT I 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. (NOTE: The listing of wastewaters that have
not come into contact with process contaminants is staved
administratively. The listing for plants that have previously used
chlorophenolic formulations is administratively staved whenever
these wastes are covered by the F034 or F035 listings. These
stays will remain in effect until further administrative action is
taken.)
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.
(NOTE: The listing of wastewaters that have not come into
contact with process contaminants is staved administratively. The
stay will remain in effect until further administrative action is taken.)
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. (NOTE: The listing of
wastewaters that have not come into contact with process
contaminants is staved administratively. The stay will remain in
effect until further administrative action is taken.)
CWP91D 12 • 9/28/92
Page 3 of 44 [Pn««i 9*3/93]
-------
OSWER DIRECTIVE NO. 9541.00-18
SPA 12
CONSOLIDATED CHECKLIST : Wood Preserving Listings
as of December 31, 1991 (cont'd)
FEDERAL REQUIREMENT
CHECK-
LIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
DELETION OF CERTAIN HAZARDOUS WASTE CODES FOLLOWING EQUIPMENT CLEANING
AND REPLACEMENT
wastes from wood
preserving pro-
cesses at plants
that do not
resume or initiate
use of
chlorophenolic
preservatives will
not meet the
listing definition of
F032 once the
261.35(b) and (c)
requirements are
met; wastes may
continue to meet
another hazardous
waste listing
description or ex-
hibit one or more
characteristics
generators must
either clean or
replace all speci-
fied process
equipment that
may have come
into contact with
chlorophenolic
formulations or
constituents
generators shall
do one of the
following:
prepare and follow
an equipment
cleaning plan;
clean equipment
in accordance
with 261.35
82
82,92
82,92
92
261 .35(a)
261 .35(b)
261.35(b)(1)
261.35(b)(1)(i)
t
Page 4 of 44
CWP91D.12 -
[Printed 9/23/93)
-------
OSWER DIRECTIVE NO. 9541.00-18
SPA 12
CONSOLIDATED CHECKLIST : Wood Preserving Listings
as of December 31, 1991 (cont'd)
FEDERAL REQUIREMENT
prepare and follow
an equipment
replacement plan;
replace equipment
in accordance
with 261 .35
document cleaning
and replacement
in accordance
with 261 .35,
carried out after
termination of use
of chlorophenolic
preservations
cleaning
requirements
prepare and sign
a written equip-
ment cleaning
plan that
describes:
equipment
to be cleaned
how equipment
will be cleaned
solvent to be
used in cleaning
how solvent rinses
will be tested
how cleaning
residues will
be disposed
equipment must
be cleaned
as follows:
remove all visible
residues from pro-
cess equipment
CHECK-
LIST
REFERENCE
92
92
82.92
92
92
92
92
92
92
92
92
FEDERAL RCRA CITATION
261.35(b)(1)(ii)
261.35(b)(1)(iii)
261.35(b)(2)
261 .35(b)(2)(i)
261.35(b)(2)(i)(A)
261.35(b)(2)(i)(B)
261.35(b)(2)(i)(C)
261.35(b)(2)W(D)
261.35(b)(2)(i)(E)
261.35(b)(2)(ii)
261 .35(b)(2)(ii)(A)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
Page 5 of 44
CWP91D.12 - 9/28/92
[Printed: 9/23/93)
-------
OSWER DIRECTIVE NO. 9541.00-18
SPA 12
CONSOLIDATED CHECKLIST : Wood Preserving Listings
as of December 31, 1991 (cont'd)
FEDERAL REQUIREMENT
rinse with appro-
priate solvent until
no dioxin or
dibenzofuran
detection in final
solvent rinse
analytical
requirements
test rinses as per
SW-846,
Method 8290
"not detected"
defined
generator
manages cleaning
process residues
as F032 waste
replacement
requirements
prepare and sign
written equipment
replacement plan
that describes:
equipment
to be replaced
how equipment
will be replaced
how equipment
will be disposed
generator must
manage discarded
equipment as
F032 waste
documentation
requirements
CHECK-
LIST
REFERENCE
92
92
92
92
92
82.92
92
92
92
92
92
92
FEDERAL RCRA CITATION
261.35(b)(2Hii)(B)
261 .35(b)(2)(iii)
261.35(b)(2)(iii)(A)
261.35(b)(2)(iii)(B)
261.35(b)(2)(iv)
261.35(b)(3)
261.35(b)(3)(i)
261.35(b)(3)(i)(A)
261.35(b)(3)(i)(B)
261.35(b)(3)(i)(C)
261.35(b)(3)(ii)
261 .35(b)(4)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
Page 6 of 44
CWP91D.12 -
[Printed: 9/23/93]
-------
OSWER DIRECTIVE NO. 9541.00-18
SPA 12
CONSOLIDATED CHECKLIST : Wood Preserving Listings
as of December 31, 1991 (cont'd)
FEDERAL REQUIREMENT
document pre-
vious equipment
cleaning and/or
replacement per-
formed in accor-
dance with 261.35
and occurred
after cessation of
chlorophenolic
preservative use
documentation
that must be
maintained as
part of the
facility's
operating record
name and address
of the facility
formulations pre-
viously used and
the date on which
their use ceased
in each process
at the plant
formulations
currently used in
each process
at the plant
equipment
cleaning or
replacement plan
name and address
of any persons
who conducted
the cleaning and
replacement
dates on which
cleaning and
replacement were
accomplished
dates of sampling
and testing
CHECK-
LIST
REFERENCE
92
82
82
82
82
82
82
82
82
FEDERAL RCRA CITATION
261.35(b)(4)(i)
261 .35(C)
261.35(0(1)
261 .35(0(2)
261 .35(0(3)
261 .35(0(4)
261 .35(0(5)
261 .35(0(6)
261 .35(0(7)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
Page 7 of 44
CWP91D.12 - 9/28/92
(Printed: 9/23/93)
-------
OSWER DIRECTIVE NO. 9541.00-18
SPA 12
CONSOLIDATED CHECKLIST : Wood Preserving Listings
as of December 31, 1991 (cont'd)
FEDERAL REQUIREMENT
description of
sample handling
and preparation
techniques
description of the
tests performed,
the date, and the
results
of the tests
name and model
numbers of the
instrument(s) used
in performing
the tests
QA/QC
documentation
signed certification
statement
CHECK-
LIST
REFERENCE
82
82
82
82
82
FEDERAL RCRA CITATION
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
82
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
Page 8 of 44
CWP91D.12 -
(Printed 9/23/931
-------
OSWER DIRECTIVE NO. 9541.00-18
SPA 12
CONSOLIDATED CHECKLIST : Wood Preserving Listings
as of December 31, 1991 (cont'd)
FEDERAL REQUIREMENT
CHECK-
LIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
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:
82
Appendix 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.
Page 9 of 44
CWP91D.12 - 9/28/92
(Printed 9/23/93)
-------
OSWER DIRECTIVE NO. 9541.00-18
SPA 12
CONSOLIDATED CHECKLIST : Wood Preserving Listings
as of December 31, 1991 (cont'd)
FEDERAL REQUIREMENT
CHECK-
LIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
APPENDIX VIII TO PART 261
HAZARDOUS CONSTITUENTS
add the specified
hazardous
constituents in
alphabetical order
as shown below:
82
Appendix VIII
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
4
5
ACCUMULATION TIME
the waste is
placed:
92
262.34fa)m
Page 10 of 44
CWP91D.12
(Printed: 9/23/93]
-------
OSWER DIRECTIVE NO. 9541.00-18
SPA 12
CONSOLIDATED CHECKLIST : Wood Preserving Listings
as of December 31, 1991 (cont'd)
FEDERAL REQUIREMENT
in containers
and generator
complies with
Subpart I of
Part 265; and/or
in tanks
and generator
complies with
Subpart J of
Part 265, except
265.1 97(c) and
265.200; and/or
on drip pads
and generator
complies with
Subpart W of
Part 265 and
maintains follow-
ing records:
description of pro-
cedures to ensure
all wastes are
removed from drip
pad and
associated
collection system
at least once
every 90 days
documentation of
each waste re-
moval, including
quantity, date and
time of removal;
generator exempt
from Subparts G
and H of Part
265, except
265.111 and
265.114
date each period
of accumulation
begins is marked
and visible
CHECK-
LIST
REFERENCE
92
92
t82,92
t82,92
t82,92
82,92
FEDERAL RCRA CITATION
262.34(a)(1)(i)
262.34(a)(1)(ii)
262.34(a)(1)(iii)
262.34(a)(1)(iii)(A)
262.34(a)(1)(iii)(B)
262.34(a)(2)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
Page 11 of 44
CWP91D.12 - 9/28/92
(Printed 9/23/931
-------
OSWER DIRECTIVE NO. 9541.00-18
SPA 12
CONSOLIDATED CHECKLIST : Wood Preserving Listings
as of December 31, 1991 (cont'd)
FEDERAL REQUIREMENT
CHECK-
LIST
REFERENCE
FEDERAL RCRA CITATION
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
APPLICABILITY
SUBPART J - TANK SYSTEMS
add reference to
oaraaraoh (c)
add new para-
graph subjecting
tanks, sumps and
other collection
devices used in
conjunction with
Subpart W-regula-
ted drip pads to
Part 264,
Subpart J
requirements
82
82
264.190
264.1 90(c)
SUBPART W - DRIP PADS
APPLICABILITY
Subpart W applies
to owners and op-
erators of facilities
that use new or
existing drip pads
to convey treated
wood drippage,
precipitation,
and/or surface
water run-on
to an associated
collection system;
existing drip
pads defined
82,92
264.570(a)
Page 12 of 44
CWP91D 12
|Pnnt«d 9/23/93]
-------
OSWER DIRECTIVE NO. 9541.00-18
SPA 12
CONSOLIDATED CHECKLIST : Wood Preserving Listings
as of December 31, 1991 (cont'd)
FEDERAL REQUIREMENT
owner or operator
of certain drip
pads inside or
under a structure
not subject to
264.573(e) or
264.573(f)
regulations, as
appropriate
CHECK-
LIST
REFERENCE
82,92
FEDERAL RCRA CITATION
264.570(b)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
ASSESSMENT OF EXISTING DRIP PAD INTEGRITY
evaluation of
existing drip pads;
by June 6, 1991,
written assess-
ment obtained
and kept on file;
annual review,
update and
recertification re-
quired until
264.573 standards
are met, except
264.573(b) stan-
dards for liners
and leak detection
systems;
documentation of
drip pad aae
82,92
264.571(3)
Page 13 of 44
CWP91D.12 - 9/28/92
(Pnnt«d 9/23/93]
-------
OSWER DIRECTIVE NO. 9541.00-18
SPA 12
CONSOLIDATED CHECKLIST : Wood Preserving Listings
as of December 31, 1991 (cont'd)
FEDERAL REQUIREMENT
development of
written plan for
upgrading, repair-
ing and modifying
drip pad to meet
264.573(b)
requirements; sub-
mittal of plan to
Regional Adminis-
trator no later
than 2 years
before completion
of modifications;
written plan docu-
mentation, review
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
CHECK-
LIST
REFERENCE
82,92
82
FEDERAL RCRA CITATION
264.57Kb)
264.571 (b)(1)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
Page 14 of 44
CWP91D.12 •
[Printed 9/23/93]
-------
OSWER DIRECTIVE NO. 9541.00-18
SPA 12
CONSOLIDATED CHECKLIST : Wood Preserving Listings
as of December 31, 1991 (cont'd)
FEDERAL REQUIREMENT
for existing drip
pads with no
documentable
age, upgrades,
repairs and modi-
fications must be
completed within
8 years of
June 6, 1991; if
facility is over 7
years old, com-
pletion by the time
facility reaches 15
years or by two
years after
June 6, 1991,
whichever comes
later
conditions under
which owner or
operator may
petition Regional
Administrator for
extension of
deadline; petition
granted if drip pad
meets all 264.573
requirements,
except those for
liners and leak
detection systems
specified in
264.573(b)
submittal of
required drawings
and certification
to Regional
Administrator or
State Director
upon completion
of all upgrades,
repairs, and
modifications
CHECK-
LIST
REFERENCE
82
82.92
82,92
FEDERAL RCRA CITATION
264.571 (b)(2)
264.571 (b)(3)
264.571 (c)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
Page 15 of 44
CWP91D.12 - 9/28/92
[Printed: W23/93]
-------
OSWER DIRECTIVE NO. 9541.00-18
SPA 12
CONSOLIDATED CHECKLIST : Wood Preserving Listings
as of December 31, 1991 (cont'd)
FEDERAL REQUIREMENT
if drip pad found
to be leaking or
unfit for use,
compliance with
264.573(m)
provisions or
close drip pad in
accordance
with 264.575
CHECK-
LIST
REFERENCE
82.92
FEDERAL RCRA CITATION
264.571 (d)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
10 DESIGN AND INSTALLATION OF NEW DRIP PADS
owners arc
operators of drip
pads must ensure
that the pads are
designed, installed
and operated in
accordance with
all applicable
264.573, 264.574
and 264.575
requirements
82,92
264.572
10 DESIGN AND OPERATING REQUIREMENTS
drip oads must:
be constructed of
non-earthen
materials,
excluding wood
and non-
structu rally sup-
ported asphalt
be sloped for
free-drainage to
the associated
collection system
have a curb or
berm around
the perimeter
82,92
82.92
82.92
82.92
264.573(3)
264.573(a)(1)
264.573(a)(2)
264.573(a)(3)
Page 16 of 44
CWP91D.12 -
(Printed: 9/23/93)
-------
OSWER DIRECTIVE NO. 9541.00-18
SPA 12
CONSOLIDATED CHECKLIST : Wood Preserving Listings
as of December 31, 1991 (cont'd)
FEDERAL REQUIREMENT
be impermeable
as specified; add
note stating that
the 264.573(a)(4)
requirements for
new drip pads are
administratively
stayed until further
action is taken;
add note addressing
administrative stay
until October 30,
1992, for the
coating, sealer, or
cover requirements
for existing
drip Dads
be of sufficient
structural strength
and thickness to
meet specified
conditions
a new drip pad or
an existing drip
pad, after the
deadline
established in
§264.57 1(b) of
this subpart,
must have:
a synthetic liner
that meets certain
design, con-
struction and
installation
specifications
specific require-
ments for liner
construction
materials
foundation or
base requirements
CHECK-
LIST
REFERENCE
82,191,
92.-M01
82,92
82.92
82,92
82,92
82,92
FEDERAL RCRA CITATION
264.573(a)(4)
264.573(a)(5)
264.573(b)
264.573(b)(1)
264.573(b)(1)(i)
264.573(b)(1)(in
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
11
Page 17 of 44
CWP91D.12 - 9/28/92
(Pnntwl 9/23/93|
-------
OSWER DIRECTIVE NO. 9541.00-18
SPA 12
CONSOLIDATED CHECKLIST : Wood Preserving Listings
as of December 31, 1991 (cont'd)
FEDERAL REQUIREMENT
liner must cover
all surrounding
earth that could
come into contact
with the waste
or leakage
leakage detection
system
immediately above
the liner; detection
system must be:
constructed of
materials that are:
chemically
resistant to
relevant waste
and leakage
of sufficient
strength and
thickness to
prevent collapse
designed and
operated to
function without
clogging through
the scheduled
closure of the
drip pad; and
designed to detect
drip pad failure or
the release of
hazardous waste
or accumulated
liquid at the
earliest
practicable time
maintenance of
drip pads; note
regarding
remedial action
CHECK-
LIST
REFERENCE
82.92
82.92
82,92
82.92
82.92
82.92
82.92
82.92
FEDERAL RCRA CITATION
264.573(b)(1)(iii)
264.573(b)(2)
264.573(b)(2)(i)
264.573(b)(2)(i)(A)
264.573(b)(2)(i)(B)
264.573(b)(2Hii)
264.573(b)(2)(iii)
264.573(c)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
Page 18 of 44
CWP91D.12 -
[Printed: 9/23/93]
-------
OSWER DIRECTIVE NO. 9541.00-18
SPA 12
CONSOLIDATED CHECKLIST : Wood Preserving Listings
as of December 31, 1991 (cont'd)
FEDERAL REQUIREMENT
convey, drain,
and collect liquid
resulting from
drippage or
precipitation in
order to prevent
run-off
run-on control
system
requirements
run-off manage-
ment system
requirements,
unless system is
protected by a
structure, as
described in
264.570(b)
evaluation of drip
pad for com-
pliance with
264.573(a) - (f)
requirements;
design certifi-
cation required
removal of
drippage and
accumulated pre-
cipitation from
associated
collection system
as necessary
to prevent over-
flow onto
the drip pad
CHECK-
LIST
REFERENCE
82.92
82,92
82.92
82.92
82,92
FEDERAL RCRA CITATION
264.573W)
264.573(6)
264.573(f)
264.573(0)
264.573(h)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
"EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
Page 19 of 44
CWP91D.12 - 9/28/92
(Printed: 9/23/93)
-------
OSWER DIRECTIVE NO. 9541.00-18
SPA 12
CONSOLIDATED CHECKLIST : Wood Preserving Listings
as of December 31, 1991 (cont'd)
FEDERAL REQUIREMENT
thorough cleaning
of drip pad
surface at least
once every seven
days to meet
specified con-
ditions; documen-
tation of date,
time and cleaning
procedure in
facility's
ooeratino loq
minimize tracking
of hazardous
waste or consti-
tuents off the
drip oad
after removal from
treatment vessel,
treated wood from
pressure and non-
pressure pro-
cesses 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 other-
wise managed as
soon as possible
after storms to
maintain design
capacity
CHECK-
LIST
REFERENCE
82,92
82.92
82.92
82.92
FEDERAL RCRA CITATION
264.573(0
264.573(0
264.573(k)
264.573d)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
Page 20 of 44
CWP91D.12
(Printed: 9123193]
-------
OSWER DIRECTIVE NO. 9541.00-18
SPA 12
CONSOLIDATED CHECKLIST : Wood Preserving Listings
as of December 31, 1991 (cont'd)
FEDERAL REQUIREMENT
throughout the
active life of the
drip pad and as
specified in the
permit, repair of
detected condition
that may have
caused or has
caused a release
of hazardous
waste within a
reasonable period
of time, in
accordance with
the following
procedures:
upon detection of
a condition that
may have caused
or has caused a
release of
hazardous waste,
the owner must:
enter discovery in
the facility
operating loq
immediately
remove from
service affected
portion of
drip pad
determine steps
to repair drip pad
and clean up any
leakage; establish
schedule
for repairs
CHECK-
LIST
REFERENCE
82,92
82,92
82,92
82.92
82,92
FEDERAL RCRA CITATION
264.573(m)
264.573(m)(1)
264.573(m)(1)(i)
264.573(m)m(ii)
264.573(m)(1)(iii)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
Page 21 of 44
CWP91D.12 - 9/28/92
[Printed 9/23/93]
-------
OSWER DIRECTIVE NO. 9541.00-18
SPA 12
CONSOLIDATED CHECKLIST : Wood Preserving Listings
as of December 31, 1991 (cont'd)
FEDERAL REQUIREMENT
notify Regional
Administrator
within 24 hours
after discovery;
provide written
notice as specified
within 10
working days
review, determi-
nation and notifi-
cation by Regional
Administrator
written notification
to Regional
Administrator and
certification of
compliance with
264.573(m)(1)(iv)
after repairs
and clean up
should a permit
be necessary,
Regional
Administrator will
specify in the
permit all design
and operating
practices
necessary to
ensure that
264.573 require-
ments are met
documentation in
operating log, as
specified, of
past operating
and waste hand-
ling practices
CHECK-
LIST
REFERENCE
82,92
82,92
82.92
82,92
82,92
FEDERAL RCRA CITATION
264.573(m)(1)(iv)
264.573(m)(2)
264.573(m)(3)
264.573(n)
264.573(0)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV- MORE
ALENTI STRINGENT
BROADER
IN SCOPE
13
Page 22 of 44
CWP91D 12 • 91
[Pnmad 9/23/93]
-------
OSWER DIRECTIVE NO. 9641.00-18
SPA 12
CONSOLIDATED CHECKLIST : Wood Preserving Listings
as of December 31, 1991 (cont'd)
FEDERAL REQUIREMENT
CHECK-
LIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-I MORE
ALENTI STRINGENT
BROADER
IN SCOPE
10 INSPECTIONS
inspection of liners
and cover systems
for uniformity,
damage and im-
perfections during
construction or
installation;
inspection and
certification of
liners to meet
264.573 require-
ments;
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
82,92
82,92
82,92
82.92
82,92
264.574(a)
264.574(b)
264.574(b)(1)
264.574(b)(2)
264.574(b)(3)
'
Page 23 of 44
CWP91D.12 - 9/28/92
|Pnnt«d 9/23/93]
-------
OSWER DIRECTIVE NO. 9541.00-18
CONSOLIDATED CHECKLIST : Wood Preserving Listings
as of December 31, 1991 (cont'd)
FEDERAL REQUIREMENT
CHECK-
LIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
10 CLOSURE
at closure,
removal and
decontamination
requirements;
management as
hazardous waste
conditions under
which owner or
operator must
close facility and
perform post-
closure care in
accordance with
264.310
requirements; for
permitted units,
permit requirement
continues
throughout post-
closure period;
drip pad is con-
sidered a landfill
and must meet
Subparts G and H
requirements of
Part 264
owner or operator
of an existing drip
pad that does not
comply with the
264.573(b)(1) liner
requirements
must:
82,92
82.92
82.92
264.575(3)
264.575(b)
264.575(0(1)
Page 24 of 44
CWP91D.12 • 9/28/92
(Printed: 9^3/93]
-------
OSWER DIRECTIVE NO. 9541.00-18
SPA 12
CONSOLIDATED CHECKLIST : Wood Preserving Listings
as of December 31, 1991 (cont'd)
FEDERAL REQUIREMENT
include in closure
plans for drip pad
under 264.112, a
plan for
264.575(a) com-
pliance and a
contingent plan
for 264.575(b)
compliance
prepare a contin-
gent post-closure
plan under
264.118 for
complying with
264.575(b) in case
not all con-
taminated subsoils
can be practicably
removed at
closure
cost estimates
calculated under
264.112 and
264.144 for
closure and post-
closure care of
drip pad subject
to 264.575(c) must
include the cost of
complying with the
contingent closure
plan and the
contingent post-
closure plan; cost
of expected
closure under
264.575(a) need
not be included
CHECK-
LIST
REFERENCE
82.92
82,92
82.92
FEDERAL RCRA CITATION
264.575(c)(1)(i)
264.575(c)(1)(ii)
264.575(0(2)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
Page 25 of 44
CWP91D.12 - 9/28/92
(Printed 9/23/93]
-------
OSWER DIRECTIVE NO. 9541.00-18
SPA 12
CONSOLIDATED CHECKLIST : Wood Preserving Listings
as of December 31, 1991 (cont'd)
FEDERAL REQUIREMENT
CHECK-
LIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
PART 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF
HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES
SUBPART J - TANK SYSTEMS
APPLICABILITY
add reference to
paragraph (c)
add new para-
graph subjecting
tanks, sumps and
other collection
devices used in
conjunction with
Subpart W-regula-
ted drip pads to
Part 265, Subpart
J requirements
82
82
265.190
265.190(c)
SUBPART W - DRIP PADS
APPLICABILITY
Subpart W applies
to owners and
operators of
facilities that use
new or existing
drip pads to
convey treated
wood drippage,
precipitation,
and/or surface
water run-on
to an associated
collection system;
existing drip
pads defined
82,92
265.440(a)
Page 26 of 44
CWP91D.12
(Printed: 9/23/93)
-------
OSWER DIRECTIVE NO. 9541.00-18
SPA 12
CONSOLIDATED CHECKLIST : Wood Preserving Listings
as of December 31, 1991 (cont'd)
FEDERAL REQUIREMENT
owner or operator
of certain drip
pads inside or
under a structure
not subject to
265.443(e) or
265.443(f)
regulations, as
appropriate
CHECK-
LIST
REFERENCE
82
FEDERAL RCRA CITATION
265.440(b)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
ASSESSMENT OF EXISTING DRIP PAD INTEGRITY
evaluation of
existing drip pads;
by June 6, 1991,
written assess-
ment 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 drio oad aae
82
265.441(3)
Page 27 of 44
CWP91D.12 - 9/28/92
[Printed: 473/931
-------
OSWER DIRECTIVE NO. 9541.00-18
SPA 12
CONSOLIDATED CHECKLIST : Wood Preserving Listings
as of December 31, 1991 (cont'd)
FEDERAL REQUIREMENT
development of
written plan for
upgrading,
repairing and
modifying drip pad
to meet
265.443(b)
requirements; sub-
mittal of plan to
Regional Adminis-
trator no later than
2 years before
completion of modi-
fications; written
plan documen-
tation, review and
certification
requirements; con-
ditions 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
CHECK-
LIST
REFERENCE
82
82
FEDERAL RCRA CITATION
265.441(b)
265.441 (MM)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
Page 28 of 44
CWP91D.12
[Pnnt«d: 9/23/93)
-------
OSWER DIRECTIVE NO. 9541.00-18
SPA 12
CONSOLIDATED CHECKLIST : Wood Preserving Listings
as of December 31, 1991 (cont'd)
FEDERAL REQUIREMENT
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, com-
pletion by the time
facility reaches 15
years or by two
years after June
6, 1991, which-
ever comes later
conditions under
which owner or
operator may
petition Regional
Administrator 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
CHECK-
LIST
REFERENCE
82
82
82
FEDERAL RCRA CITATION
265.441 (b)(2)
265.441 (b)(3)
265.441 (c)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
Page 29 of 44
CWP91D.12 - 9/28/92
[Printed: 9/23/93)
-------
OSWER DIRECTIVE NO. 9541.00-18
SPA 12
CONSOLIDATED CHECKLIST : Wood Preserving Listings
as of December 31, 1991 (cont'd)
FEDERAL REQUIREMENT
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
CHECK-
LIST
REFERENCE
82
FEDERAL RCRA CITATION
265. 441 (d)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EC-uiv-
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
82
265.442
DESIGN AND OPERATING REQUIREMENTS
drip pads must:
be constructed of
non-earthen
materials,
excluding wood
and non-
structurally sup-
ported asphalt
be sloped to
free-drain wastes
to the associated
collection system
have a curb or
berm around the
perimeter
82
82
82
82
265.443(3)
265.443(a)(1)
265.443(a)(2)
265.443(a)(3)
Page 30 of 44
CWP91D.12
[Pnnt«d 9/27/93)
-------
OSWER DIRECTIVE NO. 9541.00-18
SPA 12
CONSOLIDATED CHECKLIST : Wood Preserving Listings
as of December 31, 1991 (cont'd)
FEDERAL REQUIREMENT
be impermeable
as specified; add
a note stating that
the 265.443(a)(4)
requirements for
new drip pads are
administratively
stayed until further
administrative
action is taken
add note addressing
administrative stay
until October 30,
1992, for the
coating, sealer, or
cover requirements
be of sufficient
structural strength
and thickness to
meet specified
conditions; note re-
garding structural
integrity standards
a new drip pad or
an existing drip
pad, after the
265.441 (b) dead-
line, must have:
a synthetic liner
that meets certain
specifications
specific require-
ments for liner
construction
materials
foundation or
base requirements
liner must cover
all surrounding
earth that could
come into contact
with the waste
or leakage
CHECK-
LIST
REFERENCE
82,t91
t101
82
82
82
82
82
82
FEDERAL RCRA CITATION
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)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
Page 31 of 44
CWP91D.12 - 9/28/92
[PHnttd: 9/23/93]
-------
OSWER DIRECTIVE NO. 9541.00-18
SPA 12
CONSOLIDATED CHECKLIST : Wood Preserving Listings
as of December 31, 1991 (cont'd)
FEDERAL REQUIREMENT _^
leakage detection
system im-
mediately above
the liner; detection
system must be:
constructed of
materials that are:
chemically
resistant to
relevant waste
and leakaqe
of sufficient
strength and
thickness to
prevent collapse
add a new para-
graph regarding
design and
operation to
function without
clogging through
scheduled drip
pad closure
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 pre-
cipitation in order
to prevent run-off
1 CHECK-
LIST
REFERENCE
82
82
82
82
92
82,92
82
82
FEDERAL RCRA CITATION
265.443(b)(2)
265.443(b)(2)(i)
265.443(W(2)(i)(A)
265.443(b)(2)(i)(B)
265.443(bH2)(in
265.443(b)(2)(iii)
265.443(c)
265.443(d)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
14
14
Page 32 of 44
CWP91D 12 • 9/2W5
|Pnn(«d 9/23/93]
-------
OSWER DIRECTIVE NO. 9541.00-18
SPA 12
CONSOLIDATED CHECKLIST : Wood Preserving Listings
as of December 31, 1991 (cont'd)
FEDERAL REQUIREMENT
run-on control
system require-
ments, unless drip
pad is protected
by a structure, as
described in
265.440(b)
run-off manage-
ment system
requirements,
unless drip pad
is protected by a
structure, as
described in
265.440(b)
evaluation of .
drip pad for
compliance with
265.443(a)-(f)
requirements;
design certification
required
removal of
drippage and
accumulated pre-
cipitation from
associated
collection system
as necessary to
prevent overflow
onto the drip Dad
thorough cleaning
of drip pad
surface at least
once every seven
days to meet
specified
conditions; docu-
mentation of date,
time and cleaning
procedure in
facility's
operating loq
CHECK-
LIST
REFERENCE
82
82
82
82
82
FEDERAL RCRA CITATION
265.443(6)
265.443(f)
265.443(q)
265.443(h)
265.443(i)
ANALOGOUS
STATE CITATION
I
STATE ANALOG IS:
"EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
Page 33 of 44
CWP91D.12 - 9/28/92
(Printed 9/23/93)
-------
OSWER DIRECTIVE NO. 9541.00-18
CONSOLIDATED CHECKLIST : Wood Preserving Listings
as of December 31, 1991 (cont'd)
FEDERAL REQUIREMENT
minimize tracking
of hazardous
waste or con-
stituents off the
drip pad
after removal from
treatment vessel,
treated wood from
pressure and non-
pressure
processes must
be held on pad
until drippage has
ceased; documen-
tation required
collection and
holding units for
run-on and run-off
control systems
emptied or other-
wise managed as
soon as possible
after storms to
maintain design
capacity
throughout the
active life of the
drip pad and as
specified in the
permit, repair of
detected condition
that may have
caused or has
caused a release of
hazardous waste
within a reason-
able period of
time, in
accordance with
the following
procedures:
CHECK-
LIST
REFERENCE
82
82
82
82.92
FEDERAL RCRA CITATION
265.443H)
265.443(k)
265.443d)
265.443(m)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
Page 34 of 44
CWP91D.12 -
(Printed: 9/23/93)
-------
OSWER DIRECTIVE NO. 9541.00-18
SPA 12
CONSOLIDATED CHECKLIST : Wood Preserving Listings
as of December 31, 1991 (cont'd)
FEDERAL REQUIREMENT
upon detection of
a condition that
may have caused
or has caused a
release of
hazardous waste,
the owner must:
entry of discovery
in the facility
operating loq
immediate
removal from
service of affected
portion of drip pad
determination of
steps to repair
drip pad, remove
any leakage, and
establish schedule
for clean up and
repairs
notify Regional
Administrator
within 24 hours
after discovery;
provide written
notice as
specified within
10 working days
review,
determination and
notification by
Regional
Administrator
written notification
to Regional
Administrator and
certification of
compliance with
265.443(m)(1)(iv)
after repairs and
clean up
CHECK-
LIST
REFERENCE
82,92
82
82
82
82
82
82.92
FEDERAL RCRA CITATION
265.443(m)(1)
265.443(m)MM)
265.443(m)(1)(ii)
265.443(m)(1)(iii)
265.443(m)(1)(iv)
265.443(m)(2)
265.443(m)(3)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
15
Page 35 of 44
CWP91D.12 - 9/28/92
(Printed 9/23/93]
-------
OSWER DIRECTIVE NO. 9541.00-18
SPA 12
CONSOLIDATED CHECKLIST : Wood Preserving Listings
as of December 31, 1991 (cont'd)
FEDERAL REQUIREMENT
documentation in
operating log, as
specified, of
past operating
and waste hand-
lino practices
CHECK-
LIST
REFERENCE
82
FEDERAL RCRA CITATION
265.443(n)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
INSPECTIONS
inspection of liners
and cover systems
for uniformity,
damage and im-
perfections during
construction or
installation;
inspection and
certification of
liners to meet
265.443 require-
ments;
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
82
82
82
265.444(a)
265.444(b)
265.444(b)(1)
Page 36 of 44
CWP91D.12 • 9l\
[Printed 9/23/93]
-------
OSWER DIRECTIVE NO. 9541.00-18
SPA 12
CONSOLIDATED CHECKLIST : Wood Preserving Listings
as of December 31, 1991 (cont'd)
FEDERAL REQUIREMENT
presence of
leakage in and
proper functioning
of leak
detection system
deterioration or
cracking of drip
pad surface; note
regarding
remedial action
CHECK-
LIST
REFERENCE
82
82
FEDERAL RCRA CITATION
265.444(b)(2)
265.444(b)(3)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
CLOSURE
at closure,
removal and
decontamination
requirements;
management as
hazardous waste
closure and post-
closure care of
drip pad as a
landfill under
265.310, if some
contaminated sub-
soils cannot be
removed or
decontaminated;
for permitted
units, permit
requirement
continues
throughout post-
closure period
owner or operator
of an existing drip
pad not in
compliance with
the 265.443(b)(1)
liner requirements
must:
82
82
82
265.445(a)
265.445(b)
265.445(c)(1)
Page 37 of 44
CWP91D.12 • 9/28/92
[Printed 9/23/93]
-------
OSWER DIRECTIVE NO. 9541.00-1 8
SPA 12
CONSOLIDATED CHECKLIST : Wood Preserving Listings
as of December 31, 1991 (cont'd)
FEDERAL REQUIREMENT
include in the
closure plan for
the drip pad under
265.112, apian
for 265.445(3)
compliance and a
contingent 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 re-
moved at closure
cost estimates
calculated under
265.112 and
265.144 for
closure and post-
closure care of
drip pad subject
to 265.445(c)
must include cost
of complying with
contingent closure
plan and contin-
gent post-closure
plan; cost of
expected closure
under 265.445(a)
need not be
included
CHECK-
LIST
REFERENCE
82
82
82
FEDERAL RCRA CITATION
265.445(c)(1)(i)
265.445(c)(1)(ii)
265.445(c)(2)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
Page 38 of 44
CWP91D.12 - 9/2
(Printed: 9/23/93J
-------
OSWER DIRECTIVE NO. 9541.00-1 8
SPA 12
CONSOLIDATED CHECKLIST : Wood Preserving Listings
as of December 31, 1991 (cont'd)
FEDERAL REQUIREMENT
CHECK-
LIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-I MORE
ALENTI STRINGENT
BROADER
IN SCOPE
PART 270 - EPA ADMINISTERED PERMIT PROGRAMS:
THE HAZARDOUS WASTE PERMIT PROGRAM
SUBPART B - PERMIT APPLICATION
16 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 drip pad
detailed plans and
an engineering
report describing
how 264.90(b)(2)
will be met, if an
exemption is
sought to Subpart
F of Part 264
82
82
82
270.26
270.26(a)
270.26(b)
Page 39 of 44
CWP91D.12 - 9/28/92
[Printed: 9/23/93)
-------
OSWER DIRECTIVE NO. 9541.00-18
SPA 12
CONSOLIDATED CHECKLIST : Wood Preserving Listings
as of December 31, 1991 (cont'd)
FEDERAL REQUIREMENT
detailed plans and
an engineering
report describing
the design, con-
struction, operation
and maintenance
of drip pad to
meet 264.573
requirements;
submission must
address
264.571 items
design
characteristics
of the drip pad
liner system
leakage detection
system
practices designed
to maintain drip
pads
associated
collection
system
control of run-on
to the drip pad
control of run-off
from the drip pad
removal intervals
and demonstration
of sufficiency to
prevent overflow
procedures for
cleaning drip pad
at least once
every seven days;
provisions for
documentation of
date, time and
cleaninq procedure
CHECK-
LIST
REFERENCE
82,92
82
82
82
82
82
82
82
82
82
FEDERAL RCRA CITATION
270.26(c)
270.26(c)(1)
270.26(0(2)
270.26(c)(3)
270.26(c)(4)
270.26(c)(5)
270.26(0(6)
270.26(c)(7)
270.26(0(8)
270.26(0(9)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
Page 40 of 44
CWP91D.12
IPnntad 9/23/93]
-------
OSWER DIRECTIVE NO. 9541.00-18
SPA 12
CONSOLIDATED CHECKLIST : Wood Preserving Listings
as of December 31, 1991 (cont'd)
FEDERAL REQUIREMENT
operating
practices
and procedures to
minimize tracking
of hazardous
waste or waste
constituents off
the drip pad
procedures for
ensuring that
treated wood from
pressure and non-
pressure pro-
cesses is held on
the drip pad until
drippage has
ceased; record-
keepinq 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
desiqn capacity
if treatment is
carried out on the
drip pad, details
of process equip-
ment used, and
the nature
and quality
of residuals
CHECK-
LIST
REFERENCE
82
82
82
82
FEDERAL RCRA CITATION
270.26(c)(10)
270.26(0(11)
270.26(c)(12)
270.26(c)(13)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
Page 41 of 44
CWP91D.12 - 9/28/92
(Printed: 9/23/93]
-------
OSWER DIRECTIVE NO. 9541.00-18
SPA 12
CONSOLIDATED CHECKLIST : Wood Preserving Listings
as of December 31, 1991 (cont'd)
FEDERAL REQUIREMENT
description of drip
pad inspections to
meet 264.573
requirements;
include in
270.14(b)(5)
inspection plan
certification that
drip pad design
meets
264.573(a)-(f)
requirements
description of
removal pro-
cedures at closure
under 264.575(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
CHECK-
LIST
REFERENCE
82,92
82,92
82,92
FEDERAL RCRA CITATION
270.26(0(14)
270.26(c)(15)
270.26(c)(16)
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
261.4(a)(9)(i) was originally 261.4(a)(9) on Revision Checklist 82. Revision Checklist 92
redesignated it as 261.4(a)(9)(i) and added a new paragraph designated as 261.4(a)(9)(ii).
Note the Federal Register 56 FR 27732 (June 13, 1991; Revision Checklist 91) incorrectly
refers to 261.31 rather than to 261.31 (a) as the place where the list of hazardous wastes from
non-specific sources can be found. Revision Checklist 81 redesignated 261.31 as 261.31 (a)
and added 261.31 (b).
Revision Checklist 82 originally introduced §261.35 into the code. Revision Checklist 92 made
extensive formatting and word changes to 261.35(b).
Page 42 of 44
CWP91D 12 • 9^PF
[Pnntcd 9/23/93]
-------
OSWER DIRECTIVE NO. 9641.00-18
SPA 12
CONSOLIDATED CHECKLIST : Wood Preserving Listings
as of December 31, 1991 (cont'd)
FEDERAL REQUIREMENT
CHECK-
LIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS
STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRINGENT
BROADER
IN SCOPE
Note Revision Checklist 82 redesignated 262.34(a)(2)-(4) as 262.34(a)(3)-(5). Revision
Checklist 92 changed these paragraphs back to their original numbering, i.e., 262.34(a)(2)-(4).
Because these two changes cancelled each other out, they were not directly addressed by this
checklist.
5 The technical correction for §264.34 in the Federal Register 56 FR 30192 (July 1, 1991),
contains the text of the introductory paragraph, 264.34(a). Since no revisions were made to
this paragraph, it has not been included in this consolidated checklist. Also, as this technical
correction made extensive changes to this section of the code, the Federal requirement
summarizes the requirement rather than the changes.
c
An error in the July 1, 1991 CFR makes it appear that there are two paragraphs designated
as 262.34(a)(2) (see the editorial note in the CFR). Revision Checklist 82 originally inserted
the first 262.34(a)(2), 262.34(a)(2)(i), 262.34(a)(2)(ii) and redesignated the old 262.34(a)(2)-(4)
as 262.34(a)(3)-(5). However, Revision Checklist 92 redesignated 262.34(a)(3) as 262.34(a)(2),
effectively removing the first 262.34(a)(2) and incorporating these requirements into
262.34(a)(1) at 262.34(a)(1)(iii) and (iii)(A)&(B). It was not the Agency's intent to include these
requirements both at 262.34(a)(1)(iii)(A)&(B) and at 262.34(a)(2) as is indicated in the July 1,
1991 CFR. The first 262.34(a)(2) in that CFR should not be in the code. Revision Checklist
92 also redesignated 262.34(a)(3)-(5) as 262.34(a)(2)-(4), i.e., returned these subparagraphs to
their original numbering prior to the redesignation by Revision Checklist 82.
7 The entire text of Subpart W of Part 264 was printed in the Federal Register (56 FR 30192)
for Revision Checklist 92. This was done to demonstrate the numeration of each citation
following the redesignation of sections to correspond with Subpart W, Part 265. Numerous
paragraphs within the redesignated sections had no revisions made to them; paragraphs in this
consolidated checklist, where Revision Checklist 92 is indicated in the checklist reference
column, reflect revisions to wording, internal references, or numbering that were addressed in
Revision Checklist 92.
8 Note that a typographical error occurs in the text of 264.571 (b) in the Federal Register 56 FR
30196 (July 1, 1991; Revision Checklist 92); "in sufficient detail" should not be changed to
"insufficient detail."
Q
Note that a typographical error occurs in the text of 264.571 (b)(3) in the Federal Register 56
FR 30196 (July 1, 1991; Revision Checklist 92); "leak detection systems" should not be
changed to "lead detection systems."
Revision Checklist 92 redesignated the original 264.575 (as introduced by Revision Checklist
82) as 264.572. Subsequently, the original 264.572, 264.573 and 264.574 were redesignated
as 264.573, 264.574 and 264.575, respectively, by Revision Checklist 92.
CWP91D.12 • 9/28/92
Page 43 of 44 \pnn\*d 9/23/93]
-------
OSWER DIRECTIVE NO. 9541.00-18
SPA 12
CONSOLIDATED CHECKLIST : Wood Preserving Listings
as of December 31, 1991 (cont'd)
FEDERAL REQUIREMENT
CHECK-
LIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS
ST/iTE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE '
STRINGENT
BROADER
IN SCOPE
11
12
13
14
15
16
This paragraph was originally 264.572(a)(4) in Revision Checklist 82. Re.'vision Checklist 91
Etclded a note on administrative stay for 264.572(a)(4). However, this paragraph was
redesignated 264.573(a)(4) by Revision Checklist 92. Because of this redesignation, the
administrative stay was incorrectly omitted in the July 1, 1991 CFR.
Mote that .1 typographical error occurs in the text of 264.573{a)(5) in the Federal Register 56
FR 30196 (July 1, 1991; Revision Checklist 92); "daily perations" should be "daily operations"
:as introduced into the code by Revision Checklist 82 (55 FR 50450; December 6, 1990).
Note thai paragraph 264.573(m)(3) was originally 564.572(m)(3) in the Federal Register 55 FR
50450 (December 6, 1990; Revision Checklist 82). This paragraph had an incorrect reference;
"paragraph (m)(3) of this section" should be "paragraph (m)(1)(iv) of this section." This error
was addressed by the July 1, 1991 technical corrections to the rule (5ti FR 30192; Revision
Checklist 92).
Revision Checklist 92 added a new paragraph to the code and designated it as
264.4^3(b)(2)(ii). The original 264.443(b)(2)(ii) (as introduced by Revision Checklist 82) was
subsequently redesignated as 264.443(b)(2)(iii) by Revision Checklist 92.
Note that 265.443(m)(3) in the Federal Register 55 FR 50450 (December 6, 1990) has an
incorect reference. The reference to "paragraph (m)(3) of this section" should be to
"paragraph (m)(1)(iv) of this section." This error was addressed by the July 1, 1990 technical
corrections to the rule (56 FR 30192; Revision Checklist 92).
Nots that the "Special Part B Information Required for Drip Pads" was originally at 270.22 as
intioduced into the code by Revision Checklist 82. The Boilers and Industrial Furnaces rule
(56 FR 7134; February 21, 1991; Revision Checklist 85) inadvertently removed section 2.70.22
from the code. The July 1, 1991 (56 FR 30192; Revision Checklist 92) Wood Preserving
technical corrections notice rectified this problem by redesignating that section, as introduced
by Revision Checklist 82, as 270.26.
Page 44 of 44
CWP91D.12 -
(Printed: 9/23/93]
------- |