United States
Environmental Protection
Agency
OEPA
Office of
Solid Waste and
Emergency Response
DIRECTIVE NUMBER: 9541.00-19
TITLE: state Program Advisory #13
APPROVAL DATE: April 7, 1994
EFFECTIVE DATE: April 7, 1994
ORIGINATING OFFICE: Office of Solid Waste
FINAL
DRAFT
STATUS:
A - Pending OMB Approval
B - Pending AA-OSWER Approval
REFERENCE (Other Documents):
OSWER Directive #9540.00-09A
OSWER OSWER OSWER
VE DIRECTIVE DIRECTIVE Dl
-------
S-EPA
United States Environmental Protection Agency
Washington. DC 20460
OSWER Directive Initiation Request
1. Directive Number
9541.00-19
2. Originator Information
Name of Contact Person
Keely Clifford
Mail Code
5303W
Office
OSW/PSPD/SRPB
Telephone Number
703-308-8763
3. Title
State Program Advisory #13
4. Summary of Directive (include brief statement of purpose) -phis Directive updates the State Authorization
Manual (SAM), covering RCRA program changes for the period of January 1 • June 30, 1992. SPA
13 contains seven new revision checklists. Model Attorney General's Statement language for the
changes covered In the SPA, and all the Special Consolidated Checklists as of June 30, 1992.
5. Keywords
State Authorization / RCRA / State Program / Guidance
6a. Does This Directive Supersede Previous Directive(s)?
b. Does It Supplement Previous Directive(s)?
No
No
Yes What directive (number, title)
Yes What directive (number, title)
Supplements OSWER
Directive #9540.00-09A
kr
^—
aft Level
A - Signed by AA/DAA
B - Signed by Office Director
C - For Review & Comment
D - In Development
8. Document to be distributed to States by Headquarters?
X
Yes
No
This Request Meets OSWER Directives System Format Standards.
Jim**
Jennifer A. Barker, OSW Policy Direct
i^ .A. ""^^JLt^
tves Coordinator
10. Name and Title of Approving Official
Michael Shapiro, Director, OSW
Date
4/28/94
Date
4/7/94
EPA Form 1315-17 (Rev. 5-87) Previous editions are obsolete.
OSWER OSWER OSWER OSWER
DIRECTIVE DIRECTIVE DIRECTIVE
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OSWER Directive #9541.00-19
UNTOD STATS* fNVftONMBMTAL PRO FICTION AGENCY
WASHINGTON, D.C. 204 BO
STOJVCTt Stat« Program Advisory Number Thjirtsan
ntONt Michael Shapiro, Diret
Office of solid vast*
Mi Regional Division Directors, Rjdlons I-X
The state and Regional Programs brancfi
state PrtSgraM Advisories (8PAs) to
Authorisation Manual (SAN) »»'hew RCRA
re^olations, and
•ffoct.
With this m«norandu>ir X an trannaittijng
RCRA progran ohangas for tb« period of
Jun« 5o, 199J, SPA 13 contain* «*v«n o«ir
Kodal Attorney General's Statement
covered in the SPA, and all th^
as of June 30, 1992. ;
RCfiPONK
(SRPB) periodically
update .the Stats
A policies,
provisions cone into
program
SPA 13, which cove*0
ry 1, 1992 through
revision checklists,
for the changes
Consolidated Checklists
If you have any questions about any
please contact State and Regional Prograju
Branch Chief, Richard Laabier at (703) 308h87*0
Attachments , ••
ccs Dev Barnes-
Section Chiefs,;Regions I-x
Branch chiefs, Regions I-x
State Program Liaisons
these materials,
Branch Authorisation
Mft o*
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OSWER DIRECTIVE NO. 9541.00-19
SPA 13
Summary for State Program Advisory Thirteen
SPA 13, unlike previous SPAs, does not contain one section which summarizes all of the
regulatory changes for the period covered by the SPA. Instead, stand-alone summaries,
including model Attorney General language, have been developed for each checklist, so that
this information can be filed in your State authorization Manual (SAM) with its corresponding
checklist and Federal Register (FR) article. The SPA itself consists of this summary plus
three attachments. The first, Attachment A, contains each checklist in SPA 13 with its
corresponding summary and FR article. Attachment B contains updates to the State
Authorization Manual including Tables G-1 & G-2, the Model Revision Attorney General's
Statement and the Checklist Linkage Table. This attachment also contains revised versions
of Revision Checklists 17 H and 77. Attachment C contains all the Special Consolidated
Checklists as of June 30, 1993.
The following points briefly highlight the content of SPA 13. These points are organized by
topic.
Checklists
New
This SPA provides seven new checklists (Numbers 100 through 106) covering
RCRA regulatory changes for the period January 1, 1992 through June 30,
1992. Revision Checklists 100 through 106 are in RCRA Cluster II. Revision
Checklists 102 through 106 contain HSWA provisions only; Revision Checklists
100 and 101 contain both HSWA and non-HSWA provisions.
The checklists in SPA 13 address the following:
Liners and Leak Detection Systems for Hazardous Waste Land
Disposal Units,
Administrative Stay for the Requirement that Existing Drip Pads Be
Impermeable,
Second Correction to the Third Third Land Disposal Restrictions,
Hazardous Debris Case-by-Case Capacity Variance,
Used Oil Filter Exclusion,
Recycled Coke By-Product Exclusion, and
Lead-bearing Hazardous Materials Case-by-Case Capacity Variance.
SPA 13 includes Consolidated Checklists updated as of June 30, 1992, for
Boilers and Industrial Furnaces, the Bevill Exclusion for Mining Wastes, Land
Disposal Restrictions, Toxicity Characteristics Revisions, and Wood Preserving
Listings.
SUM-13 -- 3-28-94
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Existing
OSWER DIRECTIVE NO. 9541.00-19
SPA 13
Revision Checklists 17H and 77 have been revised so that they each contain
a prenote that explains their relationship to Revision Checklist 100.
Cluster Information
SPA 13 delineates timeframes by which States must obtain authorization for
RCRA Cluster II. 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-13 -- 3-28-94
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OSWER DIRECTIVE NO. 9541.00-19
ATTACHMENT A
New Revision Checklists and
Corresponding Federal Register Articles
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OSWER DIRECTIVE NO. 9541.00-1 9
SPA 13
Revision Checklist 100 Summary
Rule Title: Liners and Leak Detection Systems for Hazardous Waste Land
Disposal Units; Final Rule
Checklist Title: Liners and Leak Detection Systems for Hazardous Waste Land
Disposal Units
Reference: 57 FR 3462-3497
Promulgation Date: January 29, 1992
Effective Date: July 29, 1992
Cluster: RCRAII
Provision Type: HSWA/Non-HSWA
Linkage: Checklists 17 H and 77
Optional: No
Summary: This final rule modifies the existing regulations concerning double-liner and leachate
collection and removal systems for hazardous waste surface impoundments, landfills and
waste piles. The rule also requires owners and operators of hazardous waste surface
impoundments, landfills and waste piles to install and operate leak detection systems at such
time as these units are added, laterally expanded, or replaced. The January 29, 1992 final
rule applies to such units regardless of their permit status, including facilities that were issued
permits prior to November 8,1984. The rule replaces the double-liner and leachate collection
system standards codified on July 15, 1985 (Revision Checklist 17H), and amended on May
9,1990 (Revision Checklist 77). EPA has not included additional leak detection standards for
permitted land treatment units in this final rule because existing unsaturated zone monitoring
requirements in 40 CFR 264.278 and 265.278 for such units are sufficient to ensure the
detection of leaks at the earliest practicable time. The January 29, 1992 rule finalizes EPA's
proposed actions of March 28, 1986 and May 29, 1987, and completes the Agency's
statutory rulemaking responsibilities imposed by RCRA §§3004(o)(4) and 3004(o)(5)(A).
The Agency is requiring owners and operators of units affected by this rule to develop a
construction quality assurance (CQA) program for various components of surface
impoundments, waste piles, and landfills. The program will be implemented through a
construction quality assurance plan that the owner or operator will prepare to ensure that the
constructed unit meets or exceeds all design criteria, plans and specifications.
State Authorization: EPA promulgated most of this rule in response to the requirements of
HSWA, with the exception of the Construction Quality Assurance Program (CQA) as it applies
to final cover requirements. EPA will implement the HSWA provisions in authorized States
until States modify their programs and such modifications are approved by EPA. The non-
HSWA provisions are applicable in only 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.
Both the HSWA and non-HSWA provisions are 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. An interim final rule was published in mid December,
1992, extending interim authorization for HSWA provisions until January 1, 2003. The State
modification deadline is July 1, 1993 (or July 1, 1994 if a State statutory change is
SUM1O0.13- 1/11/94
(Printed: 3/28/94]
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OSWER DIRECTIVE NO. 9541.00-1 9
SPA 13
Revision Checklist 100 Summary (cont'd)
necessary). The State Revision Application must include applicable regulations, AG statement
addendum, Revision Checklist 100, other associated checklists and other application
materials, i.e. a program description and an MOA, as determined by the Regional office.
Attorney General's Statement Entry: The following entry should be placed at Subsection XVI
Y in the Model Attorney General's Statement.
Y. State statutes and regulations include specific Part B information
requirements for surface impoundments, waste piles and landfills regarding
liners; leachate collection, detection, and removal systems; and the
construction quality assurance program requirements as indicated in Revision
Checklist 100.
Federal Authority: RCRA §§3004, 3005, 3006 and 3015; 40 CFR 270.4{a),
270.17(b)&(c), 270.18(c)&(d), and 270.21 (b)&(c) as amended January 29.
1992 (57 FR 3462).
Citation of Laws and Regulations; Date of Enactment and Adoption
Remarks of the Attorney General
Attorney General's Statement Entry: The following entry should be placed at Subsection XVII
C in the Model Revision Attorney General's Statement.
C. State statutes and regulations require owners and operators of new
units, expansions, and replacement units at surface impoundments, waste piles,
and landfills to meet the monitoring and inspection Construction Quality
Assurance (CQA) program, double liner, leachate collection and removal
systems, leak detection systems, action leakage, response action plan and
closure/post-closure care requirements as indicated in Revision Checklist 100.
Federal Authority: RCRA §§3004, 3005, 3006 and 3015; 40 CFR 264.19,
264.221-223, 264.226, 264.228, 264.251-264.254, 264.301-264.304,
264.310,265.19,265.221-265.223, 265.226-265.228,265.254, 265.255,
265.259, 265.260, 265.301-265.304 and 265.310 as amended January 29,
1992 (57 FR 3462).
Citation of Laws and Regulations; Date of Enactment and Adoption
Remarks of the Attorney General
SUM1O0.13- 1/11/94
[Printed: 3/28/94]
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OSWER DIRECTIVE NO. 9541.00-19
SPA 13
RCRA REVISION CHECKLIST 100
Liners and Leak Detection Systems for Hazardous Waste
Land Disposal Units
57 FR 3462-3497
January 29, 1992
(RCRA Cluster II, Both HWSA and Non-HWSA provisions)
Notes: 1) As is explained in the preamble (57 FR 3480 & 3481), EPA considers all of this rule to
be promulgated pursuant to HSWA, with the exception of the Construction Quality Assurance
Program (CQA) as it applies to final cover requirements.
2) The final rule addressed by this checklist completely modifies the existing 264.221 (c) and
264.301(c) regulations as promulgated by Revision Checklist 17 H (June 15, 1985; 50 FR
28702) and amended by Revision Checklist 77 (May 9, 1990; 55 FR 19262). Revision Checklist
100 supercedes Revision Checklist 77 and expands the provisions of Revision Checklist 17 H.
States not yet authorized for Revision Checklist 77 should adopt this present checklist rather than
Revision Checklist 77. Note that States must either be authorized for Revision Checklist 17 H
before they can be authorized for the Revision Checklist 100 changes. The State must be
authorized for the Revision Checklist 17 H and the Revision Checklist 100 changes at the same
time. Thus, States which have not yet adopted Revision Checklist 17 H should adopt that
checklist when adopting the requirements addressed by Revision Checklist 100. Such States
should also submit Revision Checklist 77, when seeking authorization for Checklist 100, to
receive "credit" for Revision Checklist 77 in StATS, even though that checklist was superceded
by Revision Checklist 100.
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN
GENT
BROADER
IN
SCOPE
PART 260 - HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL
SUBPART B - DEFINITIONS
DEFINITIONS
add "replacement unit"
revise "sump"
260.10
260.10
January 29, 1992 -Page 1 of 46
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OSWER DIRECTIVE NO. 9541.00-19
SPA 13
Revision Checklist 100: Hazardous Waste Land Disposal Units (cont'd)
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN
GENT
BROADER
IN
SCOPE
PART 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE
TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SUBPART B - GENERAL FACILITY STANDARDS '
GENERAL INSPECTION REQUIREMENTS
change "terms" to "items";
replace "264.194" with
"264.193, 264.195";
remove "264.253"; add
"264.278
264.15(b){4)
1 CONSTRUCTION QUALITY ASSURANCE PROGRAM
2 CQA program
required for all surface
impoundment, wastepile
and landfiU units that must
comply with
264.221 (c)&(d).
264.251 (c)&(d), and
264.301 (c)&(d); program
must ensure constructed
unit meets or exceeds all
permit design criteria and
specifications; program
must be developed and
implemented under a CQA
officer who is a registered
professional engineer
the physical components
the CQA program must
address
264.19O)
264.1 9(a)(1)
264.19(a){2)
264.19(a)(2)(i)
264.19(a)(2)(ii)
264.19(a)(2)(iii)
264.19(a)(2(iv)
264.19(a)(2)(v)
264.19(a)(2)(vi)
January 29, 1992 -Page 2 of 46
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OSWER DIRECTIVE NO. 9541.00-19
SPA 13
Revision Checklist 100: Hazardous Waste Land Disposal Units (cont'd)
FEDERAL REQUIREMENTS
before construction begins,
owner/operator must
develop a written CQA
plan; must identify steps
that will be used to monitor
and document quality of
materials and condition and
manner of their installation;
what the CQA plan must
include:
identification of applicable
units and how they will be
constructed
identification of key CQA
plan development and
implementation personnel;
CQA officer qualifications
inspection and sampling
activities' description; what
must be described
contents of program
must include observations,
inspections, tests, and
measurements sufficient to
ensure.
structural stability and
integrity of 264.19(a)(2)
units
proper construction
according to permit
specifications and good
engineering practices, and
proper installation
according to design
specifications
FEDERAL RCRA CITATION
264.19(b)
264.19(b)(1)
264.19(b)(2)
264.1 9(b)(3)
264.19{c)
264.19(c)(1)
264.1 9(c)(1 Hi)
264.1 9(c)(1)(ii)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN
GENT
BROADER
IN
SCOPE
January 29, 1992 -Page 3 of 46
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OSWER DIRECTIVE NO. 9541.00-19
SPA 13
Revision Checklist 100: Hazardous Waste Land Disposal Units (cont'd)
FEDERAL REQUIREMENTS
material conformity with
design and other material
specifications
test fills for compacted
soils liners, using full scale
compaction methods to
ensure liners are
constructed to meet
specific hydraulic
conductivity requirements;
compliance verified by in-
situ testing on constructed
test fill; conditions under
which alternate may be
accepted
certification to Regional
Administrator before waste
received; signed by CQA
officer stating that
approved CQA plan
successfully carried out and
units meet specific
requirements;
270.30(l)(2)(ii) procedure
complete; documentation
furnished upon request
FEDERAL RCRA CITATION
264.1 9(c)(1)(iii)
264.19(c)(2)
264.19(d)
ANALOGOUS STATE
CITATION
STATE ANALOG IS.
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN
GENT
BROADER
IN
SCOPE
SUBPART E - MANIFEST SYSTEM, RECORDKEEPiNG, AND REPORTING
OPERATING RECORD
insert "264.19, 264.191,
264.193, 246.195,
264.222, 264.223";
replace "264.253,
264.254" with "264.252 -
264.254" and "264.303"
with "264.302 - 264.304"
264.73(b)(6)
*
January 29, 1992 -Page 4 of 46
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OSWER DIRECTIVE NO. 9541.00-19
SPA 13
Revision Checklist 100: Hazardous Waste Land Disposal Units (cont'd)
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN
GENT
BROADER
IN
SCOPE
SUBPART K - SURFACE IMPOUNDMENTS
DESIGN AND OPERATING REQUIREMENTS
completely revise
paragraph; surface
impoundments which must
install two or more liners
and a leachate collection
and removal system
between such liners;
"construction commences"
defined under "existing
facility"
liner system must include:
top liner designed and
constructed to prevent
migration of hazardous
constituents into liner for
specified period
composite bottom liner
consisting of at least two
components; upper
component to prevent
migration of hazardous
constituents into this
component during specified
period; lower component
designed and constructed
to minimize such migration
if upper component is
breached; specified
thickness and hydraulic
conductivity
liners must comply with
264.221(a)(1),(2)&<3)
264.221 (c)
264.221 (c)(1)(i)
264.221 (c)(1)(i)(A)
264.221 (c)(1)(i)(B)
264.221 (c)(1)(ii)
January 29, 1992 - Page 5 of 46
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OSWER DIRECTIVE NO. 9541.00-19
SPA 13
Revision Checklist 100: Hazardous Waste Land Disposal Units (cont'd)
FEDERAL REQUIREMENTS
relationship between
leachate collection and
removal system and a "leak
detection system"; what
system must be capable of;
minimum requirements
bottom slope of 1 percent
or more
constructed of: 1 ) granular
drainage materials with
IxlO^cm/sec or more
hydraulic conductivity and
12 in. (30.5 cm) or more
thickness, or 2) synthetic
or geonet drainage
materials with 3x10"
4m2/sec or more
transmissivity
construction material
specifications
designed and operated to
minimize clogging during
active life and post-closure
care period
specifications for sumps
and liquid removal methods
collect and remove
pumpable liquids in sumps
to minimize head on bottom
liner
what must be
demonstrated if leak
detection system is not
located completely above
seasonal high water table
FEDERAL RCRA CITATION
264.221 (c)(2)
264.221 (c)(2)(i)
264.221 (c)(2)(ii)
264.221 (c)(2)(iii)
264.221 (c)(2)(iv)
264.221 (c)(2)(v)
264.221 (c)(3)
264.221 (c)(4)
ANALOGOUS STATE
CITATION
•
STATE ANALOG IS:
EQUIV-
ALENT
LESS
-STRIN-
GENT
MORE
STRIN
GENT
1
BROADER
IN
SCOPE
January 29, 1992 --Page 6 of 46
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OSWER DIRECTIVE NO. 9541.00-19
SPA 13
Revision Checklist 100: Hazardous Waste Land Disposal Units (cont'd)
FEDERAL REQUIREMENTS
Regional Administrator may
approve alternate design or
operating practices if owner
or operator can
demonstrate that
design/practices will:
prevent hazardous
constituent migration into
ground or surface water as
effectively as system
specified in 264.221 (c),
and
allow detection of
hazardous constituent leaks
through top liner at least as
effectively
redesignate old 264. 221 (f)
as 264. 221 (g); add new
paragraph on exemption
from 264.221 (c) for
replacement surface
impoundment unit
meets RCRA
3004(o)(1)(A)(i) and (o)(5)
design standards
no reason to believe liner is
not functioning as designed
old 264.221 (f).(g)&(h)
become 264.221 (g),(h)&<»)
FEDERAL RCRA CITATION
264.221 (d)
264.221 (d)(1)
264.221 (d)(2)
264.221 (f)
264.221 (f)(1)
264.221 (f)(2)
264.221 (gHi)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN
GENT
BROADER
IN
SCOPE
January 29, 1992 - Page 7 of 46
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OSWER DIRECTIVE NO. 9541.00-19
SPA 13
Revision Checklist 100: Hazardous Waste Land Disposal Units (cont'd)
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN
GENT
BROADER
IN
SCOPE
ACTION LEAKAGE RATE
Regional Administrator
approval of action leakage
rate for surface
impoundment units subject
to 264.221 (c)or(d);
definition of action leakage
rate; adequate safety
margin
how to determine if action
leakage rate has been
exceeded; unless another
calculation approved,
average daily flow rate
calculated weekly, during
active life and closure
period and monthly during
post-closure care period
264.222(a)
264.222(b)
RESPONSE ACTIONS
approved response action
plan before receipt of
waste for surface
impoundments subject to
264.221 (c)or(d); address
actions if action leakage
rate exceeded; at a
minimum plan must
describe actions in
264.223(b)
responsibilities if flow rate
into leak detection system
exceeds the action leakage
rate for any sump:
notify Regional
Administrator in writing
within seven days of
determination
264.223(a)
264.223(b)
264.223(b)(1)
January 29, 1992 -.Page 8 of 46
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OSWER DIRECTIVE NO. 9541.00-19
SPA 13
Revision Checklist 100: Hazardous Waste Land Disposal Units (cont'd)
FEDERAL REQUIREMENTS
preliminary assessment to
Regional Administrator
within 1 4 days of
determination; what
assessment must address
determine location, size and
cause of any leak
determine whether 1 )
waste receipt should cease
or be curtailed, 2) waste
should be removed for
inspection, repairs, or
controls, or 3) unit should
be closed
determine short- and
longer-term actions to
mitigate or stop any leaks
within 30 days after
Regional Administrator
notification, submit the
results of 264.223(b)(3)-(5)
analyses, the results of
actions taken, and actions
planned; thereafter, as long
as flow rate exceeds action
leakage rate, monthly
report to Regional
Administrator summarizing
results of remedial actions
taken and actions planned
how the 264.223(b)(3)-(5)
determinations must be
made:
assess the source of liquids
and amounts by source
FEDERAL RCRA CITATION
264.223(b)(2)
264.223(b)(3)
264.223(b)(4)
264.223(b)(5)
264.223(b)(6)
264.223(0
264.223(c)(1)(i)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN
GENT
BROADER
IN
SCOPE
January 29, 1992 -.Page 9 of 46
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OSWER DIRECTIVE NO. 9541.00-19
SPA 13
Revision Checklist 100: Hazardous Waste Land Disposal Units (cont'd)
FEDERAL REQUIREMENTS
conduct analyses of liquids
in leak detection system to
identify sources of liquids
and location of leaks, and
the hazard and mobility of
the liquid
assess seriousness of leaks
document why
assessments not needed
FEDERAL RCRA CITATION
264.223(c)(1)(ii)
264.223(c)(1)(iii)
264.223(c)(2)
ANALOGOUS STATE
CITATION
•
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN
GENT
BROADER
IN
SCOPE
MONITORING AND INSPECTION
if leak detection system
required under
264.22 Kc)or(d), record
amount of liquids removed
from each sump, at least
weekly during active life
and closure period
after final cover installed, at
least monthly record the
amount of liquids removed
from each leak detection
sump; when quarterly and
semi-annual recording
allowed; when monthly
recording must resume
definition of "pump
operating level"
264.226(d)(1)
264.226(d)(2)
264.226(d)(3)
January 29, 1992 - Page 10 of 46
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OSWER DIRECTIVE NO. 9541.00-19
SPA 13
Revision Checklist 100: Hazardous Waste Land Disposal Units (cont'd)
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN
GENT
BROADER
IN
SCOPE
CLOSURE AND POST-CLOSURE CARE
redesignate old
264.228(b)(2) as
264.228(b)(3); add new
paragraph addressing
maintaining and monitoring
leak detection system in
accordance with
264.221 (c)(2)(iv)&(3) and
264.226(d); comply with
other applicable Part 264
leak detection requirements
redesignated 264.228(b)(2)
becomes new
264.228(b)(3)
redesignated 264.228(b)(3)
becomes new
264.228(b)(4)
264.228(b)(2)
264.228(b)(3)
264.228(b)(4)
SUBPART L - WASTE PILES
DESIGN AND OPERATING REQUIREMENTS
redesignate old 264.25 1(c)
as 264. 25 Kg); add new
paragraph addressing waste
piles that must install two
or more liners and a
leachate collection and
removal system above and
between these liners;
"construction commences"
defined under "existing
facility"
liner system must include:
top liner designed and
constructed to prevent
migration of hazardous
constituents into liner for
specified period
264.251 (c)
264.251 (c)(1)(i)
264.251 (c)(1)(i)(A)
January 29, 1992 - Page 11 of 46
CL100.13 - 3/28/94 RcviMd
(3/28/94:Print«dl
-------
OSWER DIRECTIVE NO. 9541.00-19
SPA 13
Revision Checklist 100: Hazardous Waste Land Disposal Units (cont'd)
FEDERAL REQUIREMENTS
composite bottom liner
consisting of at least two
components; upper
component to prevent
migration of hazardous
constituents into this
component during specified
period; lower component
designed and constructed
to minimize such migration
if upper component is
breached; specified
thickness and hydraulic
conductivity
liners must comply with
264.251 (a)(1)(iHiii)
leachate collection and
removal system must
collect and remove leachate
from the waste pile during
the active life and post-
closure care period;
Regional Administrator to
specify permit conditions to
ensure leachate depth over
liner does not exceed 30
cm (1 ft); leachate
collection and removal
system must comply with
264.251 (c)(3)(iii)&(iv)
relationship between
leachate collection and
removal system and the
leak detection system;
what the leak detection
system must be capable of;
minimum requirements:
bottom slope of 1 percent
or more
FEDERAL RCRA CITATION
264.251 (c)(1)(i)(B)
264.251 (c)(1)(ii)
264.251 (c)(2)
264.251(0(3)
264.251 (c)(3)(i)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN
GENT
BROADER
IN
SCOPE
January 29, 1992 - Page 12 of 46
CL100.13 - 3/28/94 RcviMd
[3/28/94:Prin»d]
-------
OSWER DIRECTIVE NO. 9541.00-19
SPA 13
Revision Checklist 100: Hazardous Waste Land Disposal Units (cont'd)
FEDERAL REQUIREMENTS
constructed of: 1 ) granular
drainage materials with
hydraulic conductivity of
1x10"2cm/sec or more, and
12 in. (30.5 cm) or more
thickness; or 2) synthetic
or geonet drainage
materials with
3x10-5m2/sec or more
transmissivity
construction material
specifications
designed/operated to
minimize clogging during
active life and post-closure
care period
specifications for sumps
and liquid removal methods
collect and remove
pumpable liquids in leak
detection system sumps to
minimize head on the
bottom liner
what must be
demonstrated if leak
detection system not
located completely above
seasonal high water table
redesignate old 264.251 (d)
as 264.25Kb); add new
paragraph addressing
circumstances under which
Regional Administrator may
approve alternate design or
operating practices if
owner/operator can
demonstrate that
design/practices will:
FEDERAL RCRA CITATION
264.251 (c)(3)(ii)
264.251 (c)(3)(iii)
264.25 1(c)(3)(iv)
264.25 1{c)(3)(v)
264.251 (c)(4)
264.251 (c)(5)
264.251 (d)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN
GENT
BROADER
IN
SCOPE
January 29, 1992 - Page 13 of 46
CL1O0.13 - 3/28/94 R«viMd
|3/28/94:Prmt*d]
-------
OSWER DIRECTIVE NO. 9541.00-19
SPA 13
Revision Checklist 100: Hazardous Waste Land Disposal Units (cont'd)
FEDERAL REQUIREMENTS
prevent hazardous
constituent migration into
ground or surface water as
effectively as system
specified in 264.25 1(c),
and
allow detection of
hazardous constituent leaks
through top liner at least as
effectively
redesignate old 264.25 1(e)
as 264.251 (i); add new
paragraph addressing
monofills granted a
264.22 1(e) waiver by
Regional Administrator
redesignate old 264.25 1(f)
as 264.25 1(j); add new
paragraph addressing when
a replacement waste pile
owner/operator is exempt
from 264.25 1(c)
meets RCRA
3004(o)(1)(A)(i) and (o)(5)
design standards
no reason to believe liner is
not functioning as designed
old 264.25 1{c)-(g) become
new 264.25 Kg)-(k)
FEDERAL RCRA CITATION
264.251 (d)(1)
264.251 (d)(2)
264.251(6)
264.25 1{f)
264.251 (f)(1)
264.251 (f)(2)
264.25 Kg)-(k)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN
GENT
BROADER
IN
SCOPE
ACTION LEAKAGE RATE
7 Regional Administrator
approval of action leakage
rate for waste pile units
subject to 264.25 1(c) or
(d); definition of action
leakage rate; adequate
safety margin
264.252(a)
January 29, 1992 - Page 14 of 46
CL100.13 - 3/28/94 R*viMd
(3/2B/94:Print*d)
-------
OSWER DIRECTIVE NO. 9541.00-19
SPA 13
Revision Checklist 100: Hazardous Waste Land Disposal Units (cont'd)
FEDERAL REQUIREMENTS
how to determine if action
leakage rate has been
exceeded; unless another
calculation approved.
average daily flow rate
calculated weekly, during
active life and closure
period
FEDERAL RCRA CITATION
264.252(0)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN
GENT
BROADER
IN
SCOPE
RESPONSE ACTIONS
approved response action
plan before receipt of
waste for waste piles
subject to 264.251(c) or
(d); address actions if
action leakage rate
exceeded; plan must
describe actions in
264.253(b)
responsibilities if flow rate
into leak system exceeds
the action leakage rate for
any sump:
notify Regional
Administrator in writing
within seven days of
determination
preliminary assessment to
Regional Administrator
within 1 4 days of
determination; what
assessment must address
determine location, size and
cause of any leak
264.253(a)
264.253(b)
264.253(b)(1)
264.253(b)(2)
264.253(b)(3)
January 29, 1992 - Page 15 of 46
CL100.13 - 3/28/94 FteviMd
!3/28/94:PrinMd|
-------
OSWER DIRECTIVE NO. 9541.00-19
SPA 13
Revision Checklist 100: Hazardous Waste Land Disposal Units (cont'd)
FEDERAL REQUIREMENTS
determine if 1 ) waste
receipt should cease or be
curtailed, 2) waste should
be removed for inspection,
repairs, or controls, and 3)
unit should be closed
determine short- and
longer-term actions to
mitigate or stop any leaks
within 30 days after
Regional Administrator
notification, submit the
results of 264.253(b)(3)-(5)
analyses, the results of
actions taken and actions
planned; thereafter, as long
as flow rate exceeds action
leakage rate, monthly
report to Regional
Administrator summarizing
results of remedial actions
taken and actions planned
how the 264.253(b)(3),
(4), & (5) determinations
must be made
assess the source of liquids
and amounts by source
conduct analyses of liquids
in leak detection system to
identify sources of liquids
and location of leaks, and
the hazard and mobility of
the liquid
assess seriousness of leaks
document why
assessments not needed
FEDERAL RCRA CITATION
264.253(b)(4)
264.253(b)(5)
264.253(b)(6)
264.253(c)
264.253(c)(1)(i)
264.253(c)(1)(ii)
264.253(c)(1)(iii)
264.253(c)(2)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STR1N
GENT
BROADER
IN
SCOPE
January 29, 1992 - Page 16 of 46
CL100.13 - 3/28/94 RcviMd
!3/28/94:Printed]
-------
OSWER DIRECTIVE NO. 9541.00-19
SPA 13
Revision Checklist 100: Hazardous Waste Land Disposal Units (cont'd)
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN
GENT
BROADER
IN
SCOPE
MONITORING AND INSPECTION
if leak detection system
required under 264. 251 (c),
record amount of liquids
removed from each sump,
at least weekly during
active life and closure
period
264.254(c)
SUBPART N - LANDFILLS
DESIGN AND OPERATING REQUIREMENTS
completely revise
paragraph; landfills that
must install two or more
liners and a leachate
collection and removal
system above and between
such liners; "construction
commences" defined under
"existing facility"
the liner system must
include:
top liner designed and
constructed to prevent
migration of hazardous
constituents into liner for
specified period
264.301 (c)
264.301 (c)(1)(i)
264.301
-------
OSWER DIRECTIVE NO. 9541.00-19
SPA 13
Revision Checklist 100: Hazardous Waste Land Disposal Units (cont'd)
FEDERAL REQUIREMENTS
composite bottom liner
consisting of at least two
components; upper
component to prevent
migration of hazardous
constituents into this
component during specified
period; lower component
designed and constructed
to minimize such migration
if upper component is
breached; specified
thickness and hydraulic
conductivity
liners must comply with
264.301 (a)(1)(i)-(iii)
leachate collection and
removal system must
collect and remove leachate
from the landfill during the
active life and post-closure
care period; Regional
Administrator to specify
permit conditions to ensure
leachate depth over liner
does not exceed 30 cm (1
ft); leachate collection and
removal system must
comply with
264.301 (c)(3)(iii)&(iv)
relationship between
leachate collection and
removal system and the
leak detection system;
what the leak detection
system must be capable of;
minimum requirements:
bottom slope of 1 percent
or more
FEDERAL RCRA CITATION
264.301 (c)(1)(i)(B)
264.301 (c)(1)(ii)
264.301 (c)(2)
264.301 (c)(3)
264.301 (c)(3)(i)
ANALOGOUS STATE
CITATION
•
STATE ANALOG IS: _
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN
GENT
BROADER
IN
SCOPE
8
January 29, 1992 - Page 18 of 46
CL100.13 • 3/28/94 Revised
[3/2B/94:Ftint«d]
-------
OSWER DIRECTIVE NO. 9541.00-19
SPA 13
Revision Checklist 100: Hazardous Waste Land Disposal Units (cont'd)
FEDERAL REQUIREMENTS
constructed of: 1 ) granular
drainage materials with
hydraulic conductivity of
1x10~2cm/sec or more, and
12 in. (30.5 cm) or more
thickness; or 2) synthetic
or geonet drainage
materials with
3x10"5m2/sec or more
transmissivity
construction material
specifications
designed/operated to
minimize clogging during
active life and post-closure
care period
specifications for sumps
and liquid removal methods
collect and remove
pumpable liquids in leak
detection system sumps to
minimize head on the
bottom liner
what must be
demonstrated if leak
detection system not
located completely above
seasonal high water table
completely revise
paragraph; Regional
Administrator may approve
alternate design or
operating practices if
owner/operator can
demonstrate that
design/practices will:
FEDERAL RCRA CITATION
264.301 (c)(3)(ii)
264.301 (c)(3)(iii)
264.301 (c)(3)(iv)
264.301 (c){3)(v)
264.301 (c)(4)
264.301 (c)(5)
264.301 (d)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN
GENT
BROADER
IN
SCOPE
January 29, 1992 - Page 19 of 46
CL10O.13 - 3/28/94
|3/28/94:Print*d]
-------
OSWER DIRECTIVE NO. 9541.00-19
SPA 13
Revision Checklist 100: Hazardous Waste Land Disposal Units (cont'd)
FEDERAL REQUIREMENTS
prevent hazardous
constituent migration into
ground or surface water as
effectively as system
specified in 264. 301 (c),
and
allow detection of
hazardous constituent leaks
through top liner at least as
effectively
redesignate old paragraph
264.301 (f) as 264.301 (g);
add new paragraph
addressing when a
replacement landfill
owner/operator is exempt
from 264.30 1(c)
meets RCRA
3004(o)(1)(A)(i) and (o)(5)
design standards
no reason to believe liner is
not functioning as designed
old 264.301 (f)-(k) become
new 264.301 (g)-(l)
FEDERAL RCRA CITATION
264.301 (d){1)
264.301 (d)(2)
264.301 (f)
264.301 (f)(1)
264.301 (f){2)
264.301 (gHI)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN
GENT
BROADER
IN
SCOPE
ACTION LEAKAGE RATE
Regional Administrator
approval of action leakage
rate for landfill units subject
to 264.301 (c) or (d);
definition of action leakage
rate; adequate safety
margin
264.302(a)
January 29, 1992 - Page 20 of 46
CL100.13 - 3/28/94 R»vi««d
[3/28/94:Print«d]
-------
OSWER DIRECTIVE NO. 9541.00-19
SPA 13
Revision Checklist 100: Hazardous Waste Land Disposal Units (cont'd)
FEDERAL REQUIREMENTS
how to determine if action
leakage rate has been
exceeded; unless another
calculation approved,
average daily flow rate
calculated weekly, during
active and closure period
FEDERAL RCRA CITATION
264.302(b)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN
GENT
BROADER
IN
SCOPE
MONITORING AND INSPECTION
if leak detection system
required 264. 301 (c) or (d),
record amount of liquids
removed from each sump
at least weekly during the
active life and closure
period
after final cover installed, at
least monthly record the
amount of liquids removed
from each leak detection
sump; when quarterly and
semi-annual recording
allowed; when monthly
recording must resume
definition of "pump
operating level"
264.303(c)(1)
264.303(c){2)
264.303(c)(3)
RESPONSE ACTIONS
approved response action
plan before receipt of
waste for landfills subject
to 264.30 1(c) or (d);
address actions if action
leakage rate exceeded; at a
minimum, plan must
describe actions in
264.304(b)
264.304(a)
January 29, 1992 - Page 21 of 46
CL100.13 - 3/28/94 R»ind
[3/28/94:Print»dI
-------
OSWER DIRECTIVE NO. 9541.00-19
SPA 13
Revision Checklist 100: Hazardous Waste Land Disposal Units (cont'd)
FEDERAL REQUIREMENTS
responsibilities if flow rate
into leak detection system
exceeds the section leakage
rate for any sump
notify Regional
Administrator in writing
within seven days of
determination
preliminary assessment to
Regional Administrator
within 1 4 days of
determination; what
assessment must address
determine location, size and
cause of any leak
determine if 1 ) waste
receipt should cease or be
curtailed, 2) waste should
be removed for inspection,
repairs, or controls, and 3}
unit should be closed
determine short- and
longer-term actions to
mitigate or stop any leaks
within 30 days after
Regional Administrator
notification, submit the
results of 264.304(b)(3)-(5)
analyses, the results of
actions taken and actions
planned; thereafter, as long
as flow rate exceeds action
leakage rate, monthly
report to Regional
Administrator summarizing
results of remedial actions
taken and actions planned
FEDERAL RCRA CITATION
264.304(b)
264.304(b)(1)
264.304(b)(2)
264.304(b){3)
264.304(b)(4)
264.304(b)(5)
264.304(b)(6)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN
GENT
BROADER
IN
SCOPE
January 29, 1992 - Page 22 of 46
CL100.13 - 3/28/94 R«viMd
l3/28/94:Print«d|
-------
OSWER DIRECTIVE NO. 9541.00-19
SPA 13
Revision Checklist 100: Hazardous Waste Land Disposal Units (cont'd)
t
FEDERAL REQUIREMENTS
how the 264.304(b)(3)-(5)
determinations must be
made
assess the source of liquids
and amounts by source
conduct analyses of liquids
in leak detection system to
identify sources of liquids
and location of leaks, and
the hazard and mobility of
the liquid
assess seriousness of leaks
document why
assessments not needed
FEDERAL RCRA CITATION
264.304(c)
264.304(c)(1)(i)
264.304(c)(1)(ii)
264.304(c)(1)(iii)
264.304(cM2)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN
GENT
BROADER
IN
SCOPE
CLOSURE AND POST-CLOSURE CARE
redesignate old
264.31 0(b)(3) as
264.31 0(b)(4); add new
paragraph addressing
maintaining and monitoring
leak detection system
according to
264.301 (c)(3)(iv)&(4) and
264.303(c); comply with
other applicable Part 264
leak detection requirements
old 264.31 0(b)(3)-(5)
become 264.31 0(b)(4)-(6)
264.31 0(b)(3)
264.31 0(b){4)-(6)
PART 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF
HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SUBPART B - GENERAL FACILITY STANDARDS
GENERAL INSPECTION REQUIREMENTS
insert "265.260, 265.278,
265.304"
265.15(b)(4)
January 29, 1992 - Page 23 of 46
CL100.13 - 3/28/94
[3/28/94:Print«d]
-------
OSWER DIRECTIVE NO. 9541.00-19
SPA 13
Revision Checklist 100: Hazardous Waste Land Disposal Units (cont'd)
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN
GENT
BROADER
IN '
SCOPE
CONSTRUCTION QUALITY ASSURANCE PROGRAM
CQA program
required for all surface
impoundment, waste pile
and landfill units that must
comply with 265. 221 (a),
265.254 and 265.301 (a);
program must ensure
constructed unit meets or
exceeds all permit design
criteria and specifications;
program must be developed
and implemented under a
CQA officer who is a
registered professional
engineer
the physical components
the CQA program must
address
before construction begins,
owner/operator must
develop a written CQA
plan; identify steps that will
be used to monitor and
document the quality of
materials and condition and
manner of their installation;
the CQA plan must include:
265.19(a)
265.19(a)(1)
265.19(a)(2)
265.19(a)(2)(i)
265.19(a)(2)(ii)
265.19(a)(2)(iii)
265.19(a)(2)(iv)
265.19(a)(2)(v)
265.19(a)(2)(vi)
265.19(b)
January 29, 1992 - Page 24 of 46
CL100.13 - 3/28/94 RcviMd
|3/28/94:Print«d)
-------
OSWER DIRECTIVE NO. 9541.00-19
SPA 13
Revision Checklist 100: Hazardous Waste Land Disposal Units (cont'd)
FEDERAL REQUIREMENTS
identification of applicable
units and how they will be
constructed
identification of key CQA
plan development and
implementation personnel;
CQA officer qualifications
inspection and sampling
activities' description; what
must be described
contents of program
must include observations,
inspections, tests, and
measurements sufficient to
ensure:
structural stability and
integrity of 265.19(a)(2)
units
proper construction
according to permit
specifications and good
engineering practices, and
proper installation
according to design
specifications
material conformity with
design and other material
specifications under
264.221, 264.251, and
264.301
FEDERAL RCRA CITATION
265.19(b)(1)
265.19(b)(2)
265.19(b)(3)
265.19(c)
265.19(c)(1)
265.19(c)(1)(i)
265.19(c)(1)(ii)
265.19(c)(1)(iii)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN
GENT
BROADER
IN
SCOPE
January 29, 1992 - Page 25 of 46
CL100.13 - 3/28/94 H*viMd
|3/28/94:Print«d]
-------
OSWER DIRECTIVE NO. 9541.00-19
SPA 13
Revision Checklist 100: Hazardous Waste Land Disposal Units (cont'd)
FEDERAL REQUIREMENTS
test fills for compacted
soils liners, using full scale
compaction methods to
ensure liners are
constructed to meet
specific hydraulic
conductivity requirements;
compliance verified by in-
situ testing on constructed
test fill; conditions under
which test fill requirement
may be waived
certification to Regional
Administrator at least 30
days before receiving
waste; signed by CQA
officer stating that CQA
plan has been successfully
carried out and that the
unit meets specific
requirements; may receive
wastes in unit after 30
days from the Regional
Administrator's receipt of
the CQA, unless Regional
Administrator determines in
writing that construction is
not acceptable or extends
review period for 30 days
or seeks additional
information; CQA
documentation
FEDERAL RCRA CITATION
265.19(c)(2)
265.19(d)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN
GENT
BROADER
IN
SCOPE
January 29, 1992 - Page 26 of 46
CL100.13 - 3/28/94 Rcvind
(3/28/94:PrinWd]
-------
OSWER DIRECTIVE NO. 9541.00-19
SPA 13
Revision Checklist 100: Hazardous Waste Land Disposal Units (cont'd)
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN
GENT
BROADER
IN
SCOPE
SUBPART E - MANIFEST SYSTEM, RECORDKEEPING AND REPORTING
OPERATING RECORD
replace "when required by"
with ", and corrective
action where required by
subpart F and"; insert
"265.19" before "265.90";
insert "265.222, 265.223,
265.226, 265.255,
265.259, 265.260" after
"265.195" and "265.302-
265.304" after
"265.280(d)(D"
265.73{b)(6)
SUBPART K - SURFACE IMPOUNDMENTS
DESIGN AND OPERATING REQUIREMENTS
completely revise
paragraph; surface
impoundment units that
must install two or more
liners and a leachate
collection and removal
system between such liners
and operate leachate
collection and removal
systems in accordance with
264.221 (c), "construction
commences" defined under
"existing facility"
revise paragraph; when a
replacement surface
impoundment unit is
exempt from 265. 221 (a):
constructed in compliance
with RCRA 3004(o)(1)(A)(i)
and (o){5) design standards
no reason to believe liner is
not functioning as designed
265.221(a)
265.221 (c)
265.221(c)(1)
265.221(c)(2)
January 29, 1992 - Page 27 of 46
CL100.13 - 3/28/94
[3/28/94:Print*d|
-------
OSWER DIRECTIVE NO. 9541.00-19
SPA 13
Revision Checklist 100: Hazardous Waste Land Disposal Units (cont'd)
FEDERAL REQUIREMENTS
redesignate old paragraph
265.222{a) as 265. 221 (f)
redesignate old paragraph
265.222{b) as 265. 221 (g)
FEDERAL RCRA CITATION
265. 221 (f)
265.221 (g)
ANALOGOUS STATE
CITATION
STATE ANALOG IS. _
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN
GENT
BROADER
IN
SCOPE
ACTION LEAKAGE RATE
redesignate old 265.222(a)
as 265. 221 (f); add new
paragraph addressing
proposed action leakage
rate to Regional
Administrator when
submitting 265. 221 (b)
notice; within 60 days of
receipt. Regional
Administrator will establish
accion leakage rate or
extend review period; when
the proposed rate will be
approved
redesignate old 265.222(b)
as 265. 221 (g); add new
paragraph addressing
Regional Administrator
approval of action leakage
rate for 265. 221 (a) units;
definition of action leakage
rate; adequate safety
margin
how to determine if action
leakage rate has been
exceeded; unless another
calculation approved,
average daily flow rate
calculated weekly during
active life and closure
period, and monthly during
post-closure care period
265.222(a)
265.222(b)
265.222(c)
January 29, 1992 - Page 28 of 46
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OSWER DIRECTIVE NO. 9541.00-19
SPA 13
Revision Checklist 100: Hazardous Waste Land Disposal Units (cont'd)
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN
GENT
BROADER
IN
SCOPE
RESPONSE ACTIONS
if unit subject to
265.221(a), then must
submit a response action
plan to the Regional
Administrator when
submitting 265.222
proposed action leakage
rate; must set forth actions
to be taken if action
leakage rate is exceeded;
content as specified in
265.223(b)
responsibilities if flow rate
into leak detection system
exceeds the action leakage
rate for any sump:
notify Regional
Administrator in writing
within seven days of
determination
preliminary assessment to
Regional Administrator
within 1 4 days of
determination; what
assessment must address
determine location, size and
cause of any leak
determine whether 1 )
waste receipt should cease
or be curtailed, 2) waste
should be removed for
inspection, repairs, or
controls, and 3) unit should
be closed
determine short- and
longer-term actions to
mitigate or stop any leaks
265.223(a)
265.223(b)
265.223(b)(1)
265.223(b)(2)
265.223(b)(3)
265.223(b)(4)
265.223(b)(5)
January 29, 1992 - Page 29 of 46
CL100.13 - 3/28/94
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OSWER DIRECTIVE NO. 9541.00-19
SPA 13
Revision Checklist 100: Hazardous Waste Land Disposal Units (cont'd)
FEDERAL REQUIREMENTS
within 30 days after
Regional Administrator
notification, submit the
results of 265.223{b)(3)-{5)
analyses, the results of
actions taken, and actions
planned; thereafter, as long
as flow rate exceeds action
leakage rate, monthly
report to Regional
Administrator summarizing
results of remedial actions
taken and actions planned
how the 265.223(b)(3), (4)
& (5) determinations must
be made
assess the source of liquids
and amounts by source
conduct analyses of liquids
in leak detection system to
identify sources of liquids
and location of leaks, and
the hazard and mobility
of the liquid
assess seriousness of leaks
document why
assessments not needed
FEDERAL RCRA CITATION
265.223(b)(6)
265.223(c)
265.223(c)(1){i)
265.223(c)(1)(ii)
265.223(c)(1)(iii)
265.223(c)(2)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN
GENT
BROADER
IN
SCOPE
MONITORING AND INSPECTION
if leak detection system
required under 265. 221 (a),
record amount of liquid
removed from each sump,
at least weekly during
active life and closure
period
265.226(b)(1)
January 29, 1992 - Page 30 of 46
CL100.13 - 3/28/94 RcviMd
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OSWER DIRECTIVE NO. 9541.00-19
SPA 13
Revision Checklist 100: Hazardous Waste Land Disposal Units (cont'd)
FEDERAL REQUIREMENTS
after final cover installed,
record amount of liquids at
least monthly; when
quarterly and semi-annual
recording allowed; when
monthly recording must
resume
"pump operating level"
defined
FEDERAL RCRA CITATION
265.226(b)(2)
265.226(b)(3)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN
GENT
BROADER
IN
SCOPE
CLOSURE AND POST-CLOSURE CARE
redesignate old
265.228(b)(2) as
265.228(b)(3); add new
paragraph regarding
maintaining and monitoring
the leak detection system
in accordance with
265.221 (c)(2)(iv) and (3)
and 265.226(b) and comply
with other applicable Part
265 leak detection system
requirements
redesignated 265.228(b){2)
becomes new
265.228(b)(3)
redesignated 265.228(b)(3)
becomes new
265.228(b)(4)
265.228(b)(2)
265.228(b)(3)
265.228(b)(4)
January 29, 1992 - Page 31 of 46
CL100.13 - 3/28/94 RcvMd
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OSWER DIRECTIVE NO. 9541.00-19
SPA 13
Revision Checklist 100: Hazardous Waste Land Disposal Units (cont'd)
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN
GENT
BROADER
IN
SCOPE
SUBPART L - WASTE PILES
DESIGN AND OPERATING REQUIREMENTS
completely revise section;
waste piles which must
install two or more liners
and a leachate collection
and removal system in
accordance with
264.251 (c) unless exempt
under 264.25 1(d), (e) or
(f); compliance with
265. 221 (b) procedures;
"construction commences"
defined under "existing
facility"
265.254
ACTION LEAKAGE RATES
proposed action leakage
rate to Regional
Administrator when
submitting 265.254 notice;
within 60 days of receipt.
Regional Administrator will
establish action leakage
rate or extend review
period; when the proposed
rate will be approved
1 0 Regional Administrator
approval of action leakage
rate for 265.254 units;
definition of action leakage
rate; adequate safety
margin
265.255(a)
265.255(b)
-
January 29, 1992 - Page 32 of 46
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OSWER DIRECTIVE NO. 9541.00-19
SPA 13
Revision Checklist 100: Hazardous Waste Land Disposal Units (cont'd)
FEDERAL REQUIREMENTS
how to determine if action
leakage rate has been
exceeded; unless another
calculation approved.
average daily flow rate
calculated weekly during
active life and closure
period
FEDERAL RCRA CITATION
265.255(c)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN
GENT
BROADER
IN
SCOPE
RESPONSE ACTIONS
if unit subject to 265.254,
then must submit a
response action plan to the
Regional Administrator
when submitting 265.255
proposed action leakage
rate; must set forth actions
to be taken if action
leakage rate is exceeded;
content as specified in
265.259(b)
responsibilities if flow rate
into leak detection system
exceeds the action leakage
rate for any sump:
notify Regional
Administrator in writing
within seven days of
determination
preliminary assessment to
Regional Administrator
within 1 4 days of
determination; what
assessment must address
determine location, size and
cause of any leak
265. 259. (a)
265.259(b)
265.259(b)(1)
265.259(b)(2)
265.259(b)(3)
January 29, 1992 - Page 33 of 46
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OSWER DIRECTIVE NO. 9541.00-19
SPA 13
Revision Checklist 100: Hazardous Waste Land Disposal Units (cont'd)
FEDERAL REQUIREMENTS
determine whether 1 )
waste receipt should cease
or be curtailed, 2) waste
should be removed for
inspection, repairs, or
controls, and 3) unit should
be closed
determine short- and
longer-term actions to
mitigate or stop any leaks
within 30 days after
Regional Administrator
notification, submit the
results of 265.259(b)(3)-{5)
analyses, the results of
actions taken and actions
planned thereafter, as long
as flow rate exceeds action
leakage rate, monthly
report to Regional
Administrator summarizing
results of remedial actions
taken and actions planned
how the 265.259(b)(3),(4)
& (5) determinations must
be made:
assess the source of liquids
and amounts by source
conduct analyses of liquids
in leak detection system to
identify sources of liquids
and location of leaks, and
the hazard and mobility of
the liquid
assess seriousness of leaks
document why
assessments not needed
FEDERAL RCRA CITATION
265.259(b)(4)
265.259(b)(5)
265.259(b)(6)
265.259{c)
265.259(c)(1)(i)
265.259(c)(1)(ii)
265.259(c)(1)(iii)
265.259(c)(2)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN
GENT
BROADER
IN
SCOPE
January 29, 1992 - Page 34 of 46
CL100.13 - 3/28/94 R»vi**d
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OSWER DIRECTIVE NO. 9541.00-19
SPA 13
Revision Checklist 100: Hazardous Waste Land Disposal Units (cont'd)
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN
GENT
BROADER
IN
SCOPE
MONITORING AND INSPECTION
if leak detection system
required under 265.254,
record amount of liquids
removed from each sump,
at least weekly during
active life and closure
period
265.260
SUBPART N - LANDFILLS
DESIGN AND OPERATING REQUIREMENTS
(see Endnote 1 1 , there is
an error in this paragraph);
completely revise
paragraph; landfills which
must install two or more
liners and a leachate
collection and removal
system above and between
such liners, and operate in
accordance with
264.30 1(c) unless
exempted under
264.301 (d), (e)or (f);
"construction commences"
defined under "existing
facility"
revise paragraph; when a
landfill owner/operator is
exempt from 265. 301 (a)
meets RCRA
3004(o)(1)(A)(i) and (o)(5)
design standards
no reason to believe liner is
not functioning as designed
redesignated 265.302(a),
(b), (c) & (d) became new
265.301 (f), (g), (h) and (i)
265.301(a)
265.301 (c)
265.301 (c)(1)
265.301(c){2)
265.301 (f)-(i)
11
January 29, 1992 - Page 35 of 46
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OSWER DIRECTIVE NO. 9541.00-19
SPA 13
Revision Checklist 100: Hazardous Waste Land Disposal Units (cont'd)
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN
GENT
BROADER
IN
SCOPE
ACTION LEAKAGE RATE
redesignate old 265.302(a)
as 265.301 (f); add new
paragraph addressing
proposed action leakage
rate to Regional
Administrator when
submitting 265. 301 (b)
notice; within 60 days of
receipt Regional
Administrator will establish
action leakage rate or
extend the review period;
when the proposed rate will
be approved
9 redesignate old 265.302(b)
as 254.301 (g); add new
paragraph addressing
Regional Administrator
approval of action leakage
rate for 265. 301 (a) units;
definition of action leakage
rates; adequate safety
margin
redesignate old 265.302(c)
as 265.301 (h); add new
paragraph addressing how
to determine if action
leakage rate has been
exceeded; unless another
calculation approved,
average daily flow rate
calculated weekly during
active life and closure
period, and monthly during
post-closure care period
old 265.302(d) becomes
265.3010)
265.302(a)
265.302(b)
265.302{c)
265.302(d)
January 29, 1992 - Page 36 of 46
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OSWER DIRECTIVE NO. 9541.00-19
SPA 13
Revision Checklist 100: Hazardous Waste Land Disposal Units (cont'd)
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN
GENT
BROADER
IN
SCOPE
RESPONSE ACTIONS
if unit subject to
265.301 (a), then must
submit a response action
plan to the Regional
Administrator when
submitting 265.302
proposed action leakage
rate; must set forth actions
to be taken if action
leakage rate is exceeded;
content as specified in
265.303(b)
responsibilities if flow rate
into leak detection system
exceeds the action leakage
rate for any sump:
notify Regional
Administrator in writing
within seven days of
determination
preliminary assessment to
Regional Administrator
within 1 4 days of
determination; what
assessment must address
determine location, size and
cause of any leak
determine whether 1 )
waste receipt should cease
or be curtailed, 2) waste
should be removed for
inspection, repairs, or
controls, and 3) unit should
be closed
determine short- and
longer-term actions to
mitigate or stop any leaks
265.303(a)
265.303(b)
265.303(b)(1)
265.303(b)(2)
265.303(b)(3)
265.303(b)(4)
265.303(b)(5)
January 29, 1992 - Page 37 of 46
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|3/28/94:Prim«d]
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OSWER DIRECTIVE NO. 9541.00-19
SPA 13
Revision Checklist 100: Hazardous Waste Land Disposal Units (cont'd)
FEDERAL REQUIREMENTS
within 30 days after
Regional Administrator
notification, submit the
results of 265.303(b)(3)-(5)
analyses, the results of
actions taken and actions
planned; thereafter, as long
as flow rate exceeds action
leakage rate, monthly
report to Regional
Administrator summarizing
results of remedial actions
taken and actions planned
how the 265.303(b)(3), (4)
& (5) determinations must
be made:
assess the source of liquids
and amounts by source
conduct analyses of liquids
in leak detection system to
identify sources of liquids
and location of leaks, and
the hazard and mobility of
the liquid
assess seriousness of leaks
document why
assessments not needed
FEDERAL RCRA CITATION
265.303(b)(6)
265.303(c)
265.303(0(1 )(i)
265.303(c)(1)(ii)
265.303(c)(1)(iii)
265.303(0(2)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN
GENT
BROADER
IN
SCOPE
MONITORING AND INSPECTION
if leak detection system
required under 265. 301 (a),
record amount of liquids
removed from each sump,
at least weekly during
active life and closure
period
265.304(a)
January 29, 1992 - Page 38 of 46
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OSWER DIRECTIVE NO. 9541.00-19
SPA 13
Revision Checklist 100: Hazardous Waste Land Disposal Units (cont'd)
FEDERAL REQUIREMENTS
after final cover installed.
record amount of liquid at
least monthly; when
quarterly and semiannual
recording allowed; when
monthly recording must
resume
definition of "pump
operating level"
FEDERAL RCRA CITATION
265.304(b)
265.304(c)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN
GENT
BROADER
IN
SCOPE
CLOSURE AND POST-CLOSURE CARE
redesignate old
265.31 0(b)(2) as
265.31 0(b)(3); add new
paragraph addressing
maintaining and monitoring
the leak detection system
in accordance with
264.301 (c)(3)(iv) & (4),
and 265.304(b); comply
with other applicable Part
265 leak detection system
requirements
redesignated
265.310(b)(2), (3) & (4)
become 265.31 0(b)(3), (4)
&(5)
265.31 0(b)(2)
265.310(b)(3)-(5)
January 29, 1992 - Page 39 of 46
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OSWER DIRECTIVE NO. 9541.00-19
SPA 13
Revision Checklist 100: Hazardous Waste Land Disposal Units (cont'd)
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN
GENT
BROADER
IN
SCOPE
PART 270 - EPA ADMINISTERED PERMIT PROGRAMS:
THE HAZARDOUS WASTE PERMIT PROGRAM
SUBPART A - GENERAL INFORMATION
EFFECT OF A PERMIT
paragraph is reorganized so
that requirements not
included in a permit are
subparagraphs (a)(1)&(2);
add a third subparagraph
addressing Part 264
requirements regarding leak
detection systems for new
and replacement surface
impoundments, waste
piles, landfills and lateral
expansion of such units;
what the leak detection
system
requirements include
270.4(a)
270.4(a)(1)
270.4(a){2)
270.4(a)(3)
SUBPART B - PERMIT APPLICATION
SPECIFIC PART B INFORMATION REQUIREMENTS FOR SURFACE IMPOUNDMENTS
remove "or will be" after
"impoundment is" and
insert "and is or will be"
after "designed"; insert
"264.19," "264.222," and
"264.223 of this chapter";
replace the last sentence
with the following clause:
", addressing the following
items:"
270.17(b)
•
January 29, 1992 - Page 40 of 46
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OSWER DIRECTIVE NO. 9541.00-19
SPA 13
Revision Checklist 100: Hazardous Waste Land Disposal Units (cont'd)
FEDERAL REQUIREMENTS
redesignate old
270.17(b)(2) as
270.17{b)(6); add new
paragraph addressing
double liner and leak
(leachate) detection,
collection and removal
system if unit must meet
264.221 (c) requirements;
submission if seeking
264.221 (d), (e)or (f)
exemption
redesignate old
270.17(b)(3) as
270.17(b)(7); add new
paragraph addressing
information required if
surface impoundment is
located in a saturated zone
construction quality
assurance plan, if required
proposed action leakage
rate with rationale and
response action plan if
required
redesignated
270.17(b)(2)&(3) became
new 270.17(b)(6)&(7)
replace "liner and" with
"double liner system, leak
detection system"; replace
"§ 264.226(8) and (b)"
with "§ 264.226(a), (b)
and (d) of this chapter"
FEDERAL RCRA CITATION
270.17(b)(2)
270.17(b)(3)
270.17(b)(4)
270.1 7(b)(5)
270.17(b)(6)&(7)
270.17(c)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN
GENT
BROADER
IN
SCOPE
•
January 29, 1992 - Page 41 of 46
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OSWER DIRECTIVE NO. 9541.00-19
SPA 13
Revision Checklist 100: Hazardous Waste Land Disposal Units (cont'd)
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
.. (
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN
GENT
BROADER
IN
SCOPE
SPECIFIC PART B INFORMATION REQUIREMENTS FOR WASTE PILES
insert "waste" before
"pile"; remove "or will be"
after pile is"; insert "and is
or will be" after
"designed"; insert
"264.19" "264.252" and
"264.253 of this chapter";
replace last sentence with
following clause:
"addressing the following
items:"
redesignate old
270.18(c)(1)as
270.1 8(c)(1)(i); after
parenthetical clause
addressing existing portion,
insert "if the waste pile
must meet the
requirements of §
264.251(a) of this
chapter"; replace "§
264.252(b), the owner or
operator must submit" with
"§ 264.251(b) of this
chapter, submit"
double liner and leak
(leachate) detection,
collection, and removal
system if must meet
264.251(c) requirements;
submission if seeking a
264.25 1(d), (e) or (f)
exemption
information required if leak
detection system is located
in a saturated zone
construction quality
assurance plan if required
270.18(c)
270.18(0(1)0)
270.1 8(c)(1)(ii)
270.1 8(c)(1)(iii)
270.1 8(c)(1)(iv)
January 29, 1992 - Page 42 of 46
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OSWER DIRECTIVE NO. 9541.00-19
SPA 13
Revision Checklist 100: Hazardous Waste Land Disposal Units (cont'd)
FEDERAL REQUIREMENTS
proposed action leakage
rate with rationale and
response action plan if
required
replace "liner" with "double
liner system, leachate
collection and removal
system, leak detection
system, cover system";
replace "264.254(a) and
(b)" with "264.254(a), (b)
and (c) of this chapter"
FEDERAL RCRA CITATION
270.1 8(c)(1)(v)
270.18(d)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN
GENT
BROADER
IN
SCOPE
SPECIFIC PART B INFORMATION REQUIREMENTS FOR LANDFILLS
remove "or will be" after
"landfill is" and insert "and
is or will be" after
"designed"; insert
"264.19" and "264.302
and 264.303 of this
chapter"; replace the last
sentence with the following
clause: ", addressing the
following items:"
redesignate old
270.21 (b){1) as
270.2 1(b)(1){i); remove
"and leachate collection
and removal system"; add
"if the landfill must meet
the requirements of
§264.301(a) of this
chapter" to first sentence;
add "of this chapter" after
"264.30Kb)"; after
"alternate" change "design"
to "designs"; after "any
hazardous" change
"constituent" to
"constituents"
270.21(b)
270.21(b)(1)(i)
January 29, 1992 - Page 43 of 46
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OSWER DIRECTIVE NO. 9541.00-19
SPA 13
Revision Checklist 100: Hazardous Waste Land Disposal Units (cont'd)
FEDERAL REQUIREMENTS
double liner and leak
(leachate) detection,
collection, and removal
system if must meet
264. 301 (c) requirements;
submission if seeking
exemption under
264.301 (d), (e) or (f)
information required if leak
detection system located in
a saturation zone
construction quality
assurance plan if required
proposed action leakage
rate, with rationale and
response action plan if
required
remove "liner and" and
insert "double liner system,
leachate collection and
removal system,"; after
"cover system" insert "and
appurtenances for control
or run-on and run-off,";
replace "264.303(a) and
(b)" with "264,303(a), (b),
and (c) of this chapter"; in
last sentence, replace
"should" with "must"
FEDERAL RCRA CITATION
270.21 (b)(1)(ii)
270.21 (b)(1)(iii)
270.21 (b)(1)(iv)
270.21 (b)(1){v)
270.21 (d)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN
GENT
BROADER
IN
SCOPE
12
January 29, 1992 - Page 44 of 46
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OSWER DIRECTIVE NO. 9541.00-19
SPA 13
Revision Checklist 100: Hazardous Waste Land Disposal Units (cont'd)
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STWN
GENT
BROADER
IN
SCOPE
SUBPART D - CHANGES TO PERMIT
PERMIT MODIFICATION AT THE REQUEST OF THE PERMITTEE
add the "7. a. & b." entries
under "B. General Facility
Standards"; add the "6.,
and 7. a., b. & c." entries
under "H. Surface
Impoundments"; add the
entries "7., and 8. a., b. &
c." entries under "J.
Landfills and Unenclosed
Waste
270.42/Piles"
270.42/Appendix I
1 This section is considered to be both a HSWA and a Non-HSWA provision. It is Non-HSWA
only tu the extent that it applies to the final cover requirements for the Construction Quality
Assurance Program.
2 Note that there is a typographical error in the Federal Register: "COA" should be "CQA."
3 Note that there is a technical error in the Federal Register: "1x10'7/cm/sec" should be
"1x10'7cm/sec."
4 Note that there are two technical errors in the Federal Register: "1x10/"Vcm/sec" should be
"1x10"1cm/sec" and SxlOAVm'sec" should be
5 Note that there is an error in the Federal Register addressed by this checklist. Reivsion
Checklist 100, at 57 JFR 3492, January 29, 1992, added a new section 265.223 without
redesignating an existing 265.223 already in the code. Thus, both sections appear in the July
1 , 1992 CFR. A technical correction will be published in the near future to correct this error.
6 Note that there is a technical error in the Federal Register addrepsad by this checklist; the
internal reference "265.221 (c)(2)(iv)" should be "264.221 (c)(2)(iv)".
7 Note that there is a typographical error in the Federal Register: "surface impoundment" should
be "waste pile."
8 Note that there is a technical error in the Federal Register; "paragraphs (3)(c)(iii) and (iv)"
should be "paragraphs (c)(3)(iii) and (iv)."
January 29, 1992 - Page 45 of 46
CL100.13 - 3/28/94
[3/28/94:Prim*d]
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OSWER DIRECTIVE NO. 9541.00-19
SPA 13
Revision Checklist 100: Hazardous Waste Land Disposal Units (cont'd)
9 Note that there is a typographical error in the Federal Register; "surface impoundment" shS^F
be "landfill."
10 Note that there is a typographical error in the Federal Register: "surface impoundment" should
be "waste pile."
11 The wording in 265.301 (a) is incorrect-"and operate the leachate collection and removal
systems in accordance with § 264.301 (d), (e) or (f) of this Chapter" should read "and operate
the leachate collection and removal systems in accordance with 264.301 (c), unless exempted
under 264.103(d), (e) or (f) of this chapter." This error will be corrected in a future Federal
Register article.
12 Note that in the Federal Register addressed by Revision Checklist 100, this section is
incorrectly designated as 270.21 (c) (see 57 FR 3496; January 29, 1992); the correct
designation is 270.21 (d.). Because of this error, paragraph 270.21 (c), as introduced by Base
Program Checklist V, has erroneously been deleted from the Federal code. In the 1992 CFR.
the language at 270.21 (c) is the revised language intended for 270.21 (d) by Revision
Checklist 100. 270.21 (d), as found in the 1992 CFR is the version without the Revision
Checklist 100 amendment (i.e., 270.21 (d) as introduced into the Federal code by Base
Program Checklist V). States are advised to retain the 270.21 (c) language as found in the
1991 CFR and make the Revision Checklist 100 changes in their analogs to 270.21 '.d).
CL100.13 - 3/28/94
January 29, 1992 - Page 46 of 46
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OSWER DIRECTIVE NO. 9641.00-19
SPA 13
Revision Checklist 101 Summary
Rule Title: Wood Preserving; Standards and Interim Status Standards for
Owners and Operators of Hazardous Waste Treatment, Storage,
and Disposal Facilities
Checklist Title: Administrative Stay For the Requirement that Existing Drip Pads
be Impermeable
Reference: 57 FR 5859-5861
Promulgation Date: February 18, 1992
Effective Date: February 6, 1992
Cluster: RCRAII
Provision Type: HSWA/Non-HSWA
Linkage: Checklists 82, 91 and 92
Optional: Yes
Summary: This rule addresses an administrative stay of the requirements for drip pad
coatings, sealers, or covers for existing drip pads at wood preserving plants until October 30,
1992. A previous administrative stay at 56 FR 27332 (June 13,1991; Revision Checklist 91)
affected these same requirements for new drip pads. That stay has no ending date. Note
that due to confusion over the renumbering of 264.572(a)(4) to 264.573_(a)(4) by the 56 FR
30192 (July 1, 1991; Revision Checklist 92) rule, the administrative stay for new drip pads
does not appear in the july 1, 1991 CFR.
State Authorization: This rule is placed in RCRA Cluster II. The State modification deadline
is July 1, 1993 (or July 1, 1994 if a State statutory change is necessary). States are not
required to adopt this stay as it makes existing code less stringent. This stay goes into effect
immediately for drip pads used in connection with F032, as that waste was listed under
HSWA authority. For the F034 and F035 listings, this administrative stay does not go into
effect in authorized States until the State adopts it, as these wastes were listed relative to
non-HSWA authority. Both interim and final authorization are available for the HSWA
.provisions. An interim final rule was published in mid December, 1992, extending interim
authorization for HSWA provisions until January 1, 2003. Only final authorization is available
for the non-HSWA provisions. The State Revision Application must include applicable
regulations, AG statement addendum. Revision Checklist 101, other associated checklists and
other application materials, i.e. a program description and an MOA, as determined by the
Regional office.
Attorney General's Statement Entry: The following entry should be placed at Subsection
XV N in the Model Revision Attorney General's Statement.
N. [OPTIONAL: This is a reduced requirement.] State statutes and
regulations contain an administrative stay, until October 30, 1992, for the
requirement that existing drip pads be impermeable as indicated in Revision
Checklist 101.
SUM101.13 -8/28/92
[Printed: 11/2/93)
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OSWER DIRECTIVE NO. 9541.00-19
SPA 13
Revision Checklist 101 Summary (cont'd)
Federal Authority: 5 U.S.C. 705; RCRA §§2002(a) and 3001 (b) & (e)(1); 40
CFR 264.573(a){4), and 265.443(a)(4) as amended February 18, 1992 (57 FR
5859).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
SUM101.13-8/28/92
(Prinwd: 11/2/93)
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OSWER DIRECTIVE NO. 9541.00-19
SPA 13
RCRA REVISION CHECKLIST 101
Administrative Stay for the
Requirement that Existing Drip Pads Be Impermeable
57 FR 5859-5861
February 18, 1992
(RCRA Cluster II, Both HWSA and Non-HWSA provisions)
Note: This Revision Checklist addresses an administrative stay of the requirements for drip pad
coating, sealers, or covers for existing drip pads at wood preserving plants until October 31.
1992. A previous administrative stay addressed by Revision Checklist 91 (56 FR 27332; June
13, 1991) affected new drip pads and has no ending date. Note that in the Federal Register the
stay was placed at 264.572(a)(4). The rule (56 FR 30192; July 1, 1991) addressed by Revision
Checklist 92 redesignated 264.572(a)(4) as 264.573_(a)(4). Because of this redesignation, the
administrative stay for new drip pads, unfortunately, does not appear in the July 1, 1991 CFR.
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STPJN-
GENT
BROADER
IN
SCOPE
PART 264 -STANDARDS FOR OWNERS AND OPERATORS OF
HAZARDOUS WASTE TREATMENT, STORAGE. AND DISPOSAL FACILITIES
SUBPART W - DRIP PADS
t DESIGN AND OPERATING REQUIREMENTS
add note addressing
administrative stay
until October 30,
1 992, for the coating,
sealer, or cover
requirements for
existing drip pads
264.573(a)(4)/note
February 18, 1992.- Page 1 of 2
CL101.13
01/18/93 RtviMd
(11/2/93 Printed)
-------
OSWER DIRECTIVE NO. 9541.00-19
SPA-13
RCRA REVISION CHECKLIST 101: Administrative Stay for the
Requirement that Existing Drip Pads be Impermeable (cont'd)
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN
SCOPE
PART 265 - INTERIM STATUS FOR OWNERS AND OPERATORS OF
HAZARDOUS WASTE TREATMENT, STORAGE. AND DISPOSAL FACILITIES
SUBPART W - DRIP PADS
t DESIGN AND OPERATING REQUIREMENTS
add note addressing
administrative stay
until October 30,
1 992, for the coating,
sealer, or cover
requirements for
existing drip pads
265.443(a)(4)/note
February 18, 1992.- Page 2 of 2
CL101.13 -01/18/93 I
[11/2/93 Printed]
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OSWER DIRECTIVE NO. 9541.00-19
SPA 13
Revision Checklist 102 Summary
Rule Title: Land Disposal Restrictions for Third Third Scheduled Wastes
Checklist Title: Second Correction to the Third Third Land Disposal Restrictions
Reference: 57 FR 8086-8089
Promulgation Date: March 6, 1992
Effective Date: March 6, 1992
Cluster: RCRAII
Provision Type: HSWA
Linkage: Checklists 78 and 83
Optional: No
Summary: This rule corrects errors and clarifies the language in the preamble and regulations
of the June 1, 1990 Third Third final rule (55 FR 22520; Revision Checklist 78). This rule is
the second correction to the Third Third rule, preceded by a January 31, 1991 rule (56 PR
3864; Revision Checklist 83) that made extensive amendments to the Third Third rule.
Specific sections of code affected include 264.13 and 265.13, 268.3, 268.41, and Table 2
in 268.42.
State Authorization: This rule is placed in RCRA Cluster II. The State modification deadline
is July 1,1993 (or July 1,1994 if a State statutory change is necessary). States which have
not adopted the Third Third Land Disposal Restrictions are strongly encouraged to adopt the
changes addressed by this March 6, 1992 rule at the same time the other Third Third
provisions (55 FR 22520 and 56 FR 3864) are adopted. Both interim and final authorizations
are available. An interim final rule was published in mid December, 1992, extending interim
authorization for HSWA provisions until January 1, 2003. The State Revision Application
must include applicable regulations, AG statement addendum, Revision Checklist 102, other
associated checklists and other application materials, i.e. a program description and an MOA,
as determined by the Regional office.
Attorney General's Statement Entry: The following entry should replace the entry at XXI F
in the Model Revision Attorney General's Statement:
F. State statutes and regulations provide specific treatment standards
and effective dates for the "Third Third" wastes, "soft hammer" First and
Second Third wastes, five newly listed wastes, four wastes that fall into the
F002 and F005 (spent solvent) waste codes, F025, mixed
radioactive/hazardous wastes, characteristic wastes, and multi-source leachate,
as well as establish revised treatment standards for petroleum refining
hazardous wastes (K048-K052) as indicated in Revision Checklists 78, 83 and
102,
SUM102.13-8/28/92
IPrintad: 11/2/93)
-------
OSWER DIRECTIVE NO. 9541.00-19
SPA 13
Revision Checklist 102 Summary (cont'd)
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), January
31, 1991 (56 FR 3864) and March 6, 1992 (57 FR 8086).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
SUM102.13-8/28/92
(Printed: 11/2/93)
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OSWER DIRECTIVE NO. 9541.00-19
SPA 13
RCRA REVISION CHECKLIST 102
Second Correction to the Third Third
Land Disposal Restrictions
57 FR 8086-8089
March 6, 1992
(RCRA Cluster II, HSWA provisions)
Note: 1) The rule addressed by this checklist corrects errors and clarifies the language in the
preamble and regulations of the June 1, 1990 (55 FR 22520; Revision Checklist 78) Third Third
Land Disposal Restrictions rule. This rule was also modified by a January 31, 1991 (56 FR 3864;
Revision Checklist 83) final rule. States that have already adopted Revision Checklists 78 and 83
are strongly encouraged to apply for the changes addressed by this checklist as soon as possible.
Those that have not yet adopted the Third Third Land Disposal Restrictions are strongly
encouraged to apply for the provisions in Revision Checklists 78, 83 and 102 at the same time.
2) This checklist may be subject to change in the future. EPA's State and Regional Programs
Branch is currently discussing the relationship of hazardous waste injection issues to the State
authorization program. In question are the changes made to 40 CFR Part 148 by the final rule
addressed by this checklist and whether they should be included in the checklist. This present
checklist does not include these changes.
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN
SCOPE
PART 264 - STANDARDS FOR OWNERS AND OPERATORS OF
HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SUBPART B - GENERAL FACILITY STANDARDS
GENERAL WASTE ANALYSIS
add sentence
regarding what
information, at a
minimum, the waste
analysis must contain
264.1 3(a)(1)
March 6, 1992 - Page 1 of 3
CL102.13 - 02/09/93 R*viMd
(11/2/93 Printed)
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OSWER DIRECTIVE NO. 9641.00-19
RCRA REVISION CHECKLIST 102: Second Correction to the Third Third
Land Disposal Restrictions (cont'd)
SP
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN
SCOPE
PART 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS
OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SUBPART B - GENERAL FACILITY STANDARDS
GENERAL WASTE ANALYSIS
add sentence
regarding what
information, at a
minimum, the waste
analysis must contain
265.13(a)(1)
PART 268 - LAND DISPOSAL RESTRICTIONS
SUBPART A - GENERAL
DILUTION PROHIBITED AS A SUBSTITUTE FOR TREATMENT
after reference to
268.42, add the
following clause: ", or
unless the waste is a
D003 reactive cyanide
wastewater or
nonwastewater"
268. 3(b)
March 6, 1992 - Page 2 of 3
CL102.13 - 02/09/93 R«viMd
111/2/93 Primed]
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OSWER DIRECTIVE NO. 9541.00-19
SPA 13
RCRA REVISION CHECKLIST 102: Second Correction to the Third Third
Land Disposal Restrictions (cont'd)
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN
SCOPE
SUBPART D - TREATMENT STANDARDS
TREATMENT STANDARDS EXPRESSED AS CONCENTRATIONS IN WASTE EXTRACT
change "K031" to
"D031" and remove
"P038"; remove
". Table CCWE
identifies the restricted
wastes D004, D008,
K031.K084, K101,
K102, P010, P011,
P012, P036, P038,
and U136"; also
change "method" to
"methods" before "in
Appendix I"; remove
"Appendix I of this
part or" before
"Appendix II of 40
CFR part 261"; add to
the last sentence: ",
unless otherwise noted
in the following Table
CCW"
268.41 (a)
TREATMENT STANDARDS EXPRESSED AS SPECIFIED TECHNOLOGIES
revise the entry for
"Reactive Sulfides
based on
261.23(a)(5)" under
D003
268.42(a)ATable 2
*
Note that there are typographical errors in the Federal Register addressed by this checklist.
The change from K031 to D031 appears to be incorrect; "D031" should be "K031." There will
be a technical correction in the future. Also, after "Appendix I of this part" in column 2 of
page 57 FR 8089 of 268.4] (a), "fp_r the allowable" appears to have been incorrectly changed
to "flf the allowable."
March 6, 1992 - Page 3 of 3
CL102.13
02/09/93 Rcvind
(11/2/93 Printed]
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OSWER DIRECTIVE NO. 9641.00-19
SPA 13
Revision Checklist 103 Summary
Rule Title: Hazardous Waste Management System: Land Disposal
Restrictions
Checklist Title: Hazardous Debris Case-by-Case Capacity Variance
Reference: 57 FR 20766-20770
Promulgation Date: May 15, 1992
Effective Date: May 8, 1992
Cluster: RCRAII
Provision Type: HSWA
Linkage: Revision Checklists 78 and 83
Optional: No
Summary: On June 1, 1990 (55 PR 22520; Revision Checklist 78), EPA promulgated a final
rule establishing prohibitions and treatment standards for "Third Third" wastes. Because of
a lack of treatment capacity, EPA granted a two-year national capacity variance for most
hazardous debris. As such, these wastes are prohibited from land disposal on May 8, 1992,
unless the treatment standards are met. On January 9, 1992, proposed hazardous debris
treatment standards were published which would replace the existing standards published as
part of the Third Third rule. While the final rule has been delayed by the review process, it
should be issued by June 30, 1992. This May 15, 1992 rule provides, under 40 CFR 268.5,
a one-year extension of the Land Disposal Restrictions (LDRs) effective date for hazardous
waste debris. The action is taken because EPA recognizes that owners and operators of
treatment, storage and disposal facilities will have difficulty in obtaining treatment capacity
that meets the January 9,1992 proposed standards for hazardous debris, or that could meet
the existing treatment standards by May 8, 1992, when the national capacity variance for
most debris expires.
The extension adopted by this rule includes more types of debris than were granted a national
capacity extension in the June 1, 1990 final rule (55 FR 22520, Revision Checklist 78). In
the June 1,1990 rule, only inorganic solid debris and other debris contaminated with a waste
whose treatment standard was based on incineration, mercury retorting, or vitrification
received a variance. In this rule, all debris (both organic debris and inorganic solid debris) that
is hazardous, with several exceptions, is receiving an extension. The exceptions include
debris contaminated with listed solvent or dioxin waste covered in the RCRA §3004(e)
prohibition and debris contaminated with non-liquid "California List Waste", pursuant to RCRA
§3004(d), because the time for granting national and case-by-case capacity variance for these
waste has expired and further extension is not possible.
The final rule that EPA plans to issue on June 30, 1992 is likely to amend the definition of
debris in response to comments received on the January 9,1992 proposed rule. At that time,
EPA will explain how any such change would affect the case-by-case extension promulgated
by the May 15, 1992 rule.
State Authorization: This rule is placed 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 because this rule was promulgated under HSWA authorities. Both
interim and final authorization are available. An interim final rule was published in mid
SUM103.13 - 7/28/92
(Printed: 11/2/93)
-------
OSWER DIRECTIVE NO. 9641.00-19
SPA 13
Revision Checklist 103 Summary (cont'd)
December, 1992, extending interim authorization for HSWA provisions until January 1,2003.
The State Revision Application must include applicable regulations, AG statement addendum,
Revision Checklist 103, other associated checklists and other application materials, i.e. a
program description and an MOA, as determined by the Regional office.
Attorney General's Statement Entry: The following entry should be placed at Subsection XXI I
in the Model Revision Attorney General's Statement.
I. State statutes and regulations provide an extension of the land
disposal restriction effective date for hazardous waste debris until May 8,
1993, as indicated in Revision Checklist 103.
Federal Authority: RCRA §3004(h)(3); 40 CFR 268.35(e) as amended May 15,
1992 (57 FR 20766).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
SUM103.13 - 7/28/92
(Printed: 11/2/93]
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OSWER DIRECTIVE NO. 9541.00-19
SPA 13
RCRA REVISION CHECKLIST 103
Hazardous Debris Case-by-Case Capacity Variance
57 £B 20766-20770
May 15, 1992
(RCRA Cluster II, HSWA provisions)
Note: This rule provides an extension of the Land Disposal Restrictions effective date until May
8, 1993 for hazardous waste debris. The extension adopted by the rule includes more types of
debris than granted a national capacity extension in the Third Third Land Disposal Restriction rule
promulgated on June 1, 1990 (55 PR 22520, Revision Checklist 78). In that rule only inorganic
solid debris and other debris contaminated with a waste whose treatment standard was based on
incineration, mercury retorting or vitrification received a variance. Debris not covered by this
variance includes debris contaminated with listed solvent or dioxin waste covered by the RCRA
§3004(e) prohibition and debris contaminated with non-liquid "California List Wastes" pursuant to
RCRA §3004(d) because the limit for granting national and case-by-case capacity extensions for
these wastes has expired.
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
MM
SCOPE
PART 268 - LAND DISPOSAL RESTRICTIONS
SUBPART C - PROHIBITIONS ON LAND DISPOSAL
WASTE SPECIFIC PROHIBITIONS-THIRD THIRD WASTES
effective May 8, 1993,
prohibition from land
disposal of debris
contaminated with
268.10, 268.11 and
268.12 wastes and
debris contaminated
with any characteristic
waste having Subpart
D, Part 268 treatment
standards
-
•
268.35(e)
May 15, 1992-Page 1 of 1
CL103.13 -06/28/92
(PrintKJ: 11/2/931
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OSWER DIRECTIVE NO. 9541.00-19
SPA 13
Revision Checklist 104 Summary
Rule Title: Identification and Listing of Hazardous Waste: Used Oil
Checklist Title: Used Oil Filter Exclusion
Reference: 57 FR 21524-21534
Promulgation Date: May 20, 1992
Effective Date: June 19, 1992
Cluster: RCRAII
Provision Type: HSWA
Linkage: None
Optional: Yes
Summary: This rule promulgates a final listing decision for used oils based upon RCRA § §
1004 and 3001, and 40 CFR 261.11(a)(1)&(a)(3). Because all used oils do not typically and
frequently meet the technical criteria for listing a waste as hazardous, EPA has chosen to not
list as hazardous used oils destined for disposal. This rule does provide an exemption from
the definition of hazardous waste, for certain types of used oil filters. This rule also provides
public notice of the EPA deferral on a decision whether to list residuals from the reprocessing
and re-refining of used oil. Additionally, the Agency is not, at this time, taking final action on
a listing determination and/or management standards for used oils that are recycled as
proposed in 1985 and 1991. EPA will make a decision on these issues in the near future.
State Authorization: This rule is placed in RCRA Cluster II. Because the standards addressed
by this checklist narrow the scope of TC rule and the EP toxicity regulation which preceded
it, the checklist is considered optional. For States that choose to adopt it, the due date is July
1, 1993 (or July 1, 1994 if a statutory change is necessary). Both interim and final
authorization are available. An interim final rule was published in mid December, 1992,
extending interim authorization for HSWA provisions until January 1, 2003. The State
Revision Application must include applicable regulations, AG statement addendum, Revision
Checklist 104, other associated checklists and other application materials, i.e., a program
-description and an MOA, as determined by the Regional office.
Attorney General's Statement Entry: The following entry should be placed at Subsection I X
in the Model Revision Attorney General's Statement.
X. [OPTIONAL: This is a reduced requirement.] State statutes and
regulations exempt, from the definition of hazardous, used oil filters meeting
the 40 CFR 261.4(b)(15) criteria as indicated in Revision Checklist 104.
Federal Authority: RCRA §§1004, 1006, 2002, 3001 and 3014; 40 CFR
261.4(b)(15) as amended May 20, 1992 (57 FR 21524).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
SUM104.13- 8/28/92
(PrinMd: 11/2/93)
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OSWER DIRECTIVE NO. 9541.00-19
SPA 13
RCRA REVISION CHECKLIST 104
Used Oil Filter Exclusion
57 FR 21524-21534
May 20, 1992
(RCRA Cluster II, HSWA provisions)
Note: The final rule addressed by this Revision Checklist preserves the status quo for used oil
destined for disposal and exempts, from the definition of hazardous waste, certain types of used
oil filters. The Agency is not taking final action, at this time, on a listing determination and/or
management standards for used oils that are recycled as proposed in 1985 and 1991. It will, in
the near future, make a final decision on such a listing under the authority of RCRA section 3014.
The Agency may also propose standards controlling the burning of used oil in boilers and furnaces
at a later date.
The standards addressed by this checklist narrow the scope of the Toxicity Characteristic (TC)
rule promulgated pursuant to HSWA authority, as well as the characteristics of EP toxicity
regulations promulgated under non-HSWA authority; thus, authorized States are not required to
adopt them.
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRIN-
GENT
LESS
STRIN-
GENT
BROADER
IN
SCOPE
PART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
SUBPART A - GENERAL
t EXCLUSIONS
non-terne plated used oil
filters not mixed with
waste listed in Part 261 ,
subpart C if oil filters
have been gravity hot-
drained using one of the
following methods:
puncturing the filter
anti-drain back valve of
the filter dome end and
hot-draining
hot-draining and
crushing
261.4{b)(15)
261.4(b)(15)(i)
261.4(b)(15)(ii)
May 20, 1992-Page 1 of 2
CL104.13-07/28/92
(Printed: 11/2/93]
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OSWER DIRECTIVE NO. 9541.00-19
RCRA REVISION CHECKLIST 104: Used Oil Filter Exclusion (cont'd)
FEDERAL REQUIREMENTS
dismantling and hot-
draining
any other equivalent
hot-draining method
which will remove used
oil
FEDERAL RCRA CITATION
26l.4(b)(15)(iii)
261.4(b)(15)(iv)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
MORE
STRIN-
GENT
LESS
STRIN-
GENT
BROADER
IN
SCOPE
May 20, 1992 - Page 2 of 2
CL104.13 -07758/92
[Printed: 11/2/93]
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OSWER DIRECTIVE NO. 9541.00-19
SPA 13
Revision Checklist 105 Summary
Rule Title: Hazardous Waste Management System: Identification and
Listing of Hazardous Waste; Exclusions
Checklist Title: Recycled Coke By-Product Exclusion
Reference: 57 FR 27880-27888
Promulgation Date: June 22, 1992
Effective Date: June 22, 1992
Cluster: RCRAII
Provision Type: HSWA
Linkage: Revision Checklist 98 and affects 261.4(a)(10) which was added
by Revision Checklist 85
Optional: Yes
Summary: This final rule excludes from the definition of solid waste those coke by-product
residues that are recycled by being (1) returned to coke ovens as feedstock to produce coke;
(2) returned to the tar recovery process as a feedstock to produce coal tar; or (3) mixed with
coal tar prior to coal tar refining or sale. These residues are hazardous because they exhibit
the Toxicity Characteristic (TC) of 40 CFR 261.24. The exclusion also includes similarly-
situated hazardous waste K087 when recycled in this way. These exclusions are conditioned
on there being no land disposal of the recycled material. The exclusion was proposed on July
26, 1991 (56 FR 35758). At that time, EPA also proposed to list as hazardous seven wastes
from the production, recovery and refining of coke by-products. EPA will address these
listings in a separate final rule to be issued at a later date.
The June 22, 1992 rule differs from two previous rules affecting coke by-product plant
residues returned to coke ovens. First, the final BIF rule's (February 21, 1991, 56 FR 7134:
Revision Checklist 85) exclusion from the definition of solid waste applied to only coke and
coal tar produced from hazardous waste K087 and, unlike the present rule, did not extend to
coke or coal tar produced from non-K087 wastes. Second, an Administrative Stay was issued
on September 5, 1991 (56 FR 43874; Revision Checklist 98) to halt the application of RCRA
air emission standards to coke ovens when they reprocess non-K087 coke by-products
residues. The June 22, 1992 final rule differs from the stay in that it does not just apply to
the coke production process but instead excludes from the definition of solid waste coke by-
product plant residues that exhibit the TC, when they are recycled by being returned to coke
ovens or mixed with coal tar. This present rule (57 FR 27880) removes the administrative
stay from the code that was introduced by the September 5, 1991 rule (56 FR 43874).
State Authorization: This rule is placed in RCRA Cluster II. The exclusion reduces the scope
of the Federal program, therefore, States are not required to adopt the changes addressed by
this rule. States may, however, impose requirements that are broader in scope or more
stringent than those imposed under Federal regulations. As such, the checklist developed for
this rule has been designated as optional. However, EPA strongly encourages States to adopt
the checklist as quickly as possible in order to minimize disruption to legitimate recycling
practices currently taking place in the coking industry. 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 as this rule was promulgated under HSWA authorities. Both interim and final
authorization are available. An interim final rule was published in mid December, 1992,
SUM105.13-1/15/92
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OSWER DIRECTIVE NO. 9541.00-19
SPA 13
Revision Checklist 105 Summary (cont'd)
extending interim authorization for HSWA provisions until January 1, 2003. If a State
chooses to adopt these provisions, it must include in its application, applicable regulations,
AG statement addendum, Revision Checklist 105, other associated checklists and other
application materials, i.e. a program description and an MOA, as determined by the Regional
office.
Attorney General's Statement Entry: The following entry should be placed at Subsection I Y
in the Model Revision Attorney General's Statement.
Y. [OPTIONAL: This is a reduced requirement.] State statutes and
regulations exclude from being a solid waste K087 and those coke by-product
residues that are hazardous only because they exhibit the Toxicity
Characteristic when, subsequent to generation, these materials are recycled by
being returned to coke ovens, to the tar recovery process as a fuel stock to
produce coal tar, or mixed with coal tar as indicated in Revision Checklist 105.
•Federal Authority: RCRA §3001(e)(2) and (h); 40 CFR 261.4(a)(10) as
amended June 22, 1992 (57 FR 27880).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
The following entry should replace the current Subsection XX D entry:
D. [OPTIONAL; This is a reduced requirement.] State statutes and
regulations contain an administrative stay, until June 22, 1992, of the
permitting standards for boilers and industrial furnaces as they apply to coke
ovens burning certain hazardous wastes from the coke by-products recovery
process as indicated in Revision Checklists 98 and 105.
Federal Authority: 5 U.S.C. 705; RCRA §§2002(a) and 3001(b)&(e)(1); 40
CFR 266.100(a) as amended September 5,1991 (56 FR 43874) and June 22,
1992(57 FR 27880).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
SUM105.13- 1/15/92
(Printed: 11/2/93]
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OSWER DIRECTIVE NO. 9541.00-19
SPA 13
RCRA REVISION CHECKLIST 105
Recycled Coke By-Product Exclusion
57 FR 27880-27888
June 22, 1992
(RCRA Cluster II, HSWA provisions)
Note: This Revision Checklist excludes from the definition of solid waste certain coke by-product
plant residues that exhibit the Toxicity Characteristic (TO. The final rule reduces the scope of
the Federal program; therefore, authorized States are not required to modify their programs to
adopt this checklist. Although States are not required to adopt this checklist, EPA strongly
encourages States to do so as quickly as possible in order to minimize disruption to legitimate
recycling practices currently taking place in the coking industry.
Special Note: While this checklist is considered an optional checklist, States that adopt the Coke
Oven Administrative Stay introduced by Revision Checklist 98 (56 FR 43874) should either
remove their analog to the note that follows 266.100(a) flr state in their regulations that this stay
ends on June 22, 1992.
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STWN-
GEKT
MORE
STRIN-
GENT
BROADER
IN
SCOPE
PART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
SUBPART A - GENERAL
t EXCLUSIONS
replace existing
paragraph with new
paragraph excluding
from definition of solid
waste K087 and other
wastes from coke by-
products that are
hazardous only
because they exhibit
the Toxicity Character-
istic when recycled as
specified; exclusion is
conditioned on there
being no land disposal
of the wastes from
point of generation to
recycling point
261.4(a)(10)
June 22. 1992 - Page 1 of 2
CL105.13 -01/15/93
(Printed: 11/2/931
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OSWER DIRECTIVE NO. 9541.00-19
RCRA REVISION CHECKLIST 105: Recycled Coke By-Product Exclusion (cont'd)
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN
SCOPE
PART 266 - STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND
SPECIFIC TYPES
SUBPART H - HAZARDOUS WASTE BURNED IN BOILERS AND INDUSTRIAL FURNACES
t,1 APPLICABILITY
remove note
addressing the
Administrative Stay for
coke ovens processing
coke by-product
wastes exhibiting the
toxicity characteristic
identified in
266.100(a)
266.100(a), note
This change is conditionally optional. States that adopted the Coke Oven Administrative
introduced by Revision Checklist 98 (September 5, 1991; 56 FR 43874) should make thi
change to assure that their code remains at least as stringent as the Federal code.
June 22, 1992 - Page 2 of 2
CU05.13-01/TC793
(Printed: 11/2/931
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OSWER DIRECTIVE NO. 9541,00-19
SPA 13
Revision Checklist 106 Summary
Rule Title: Hazardous Waste Management System: Land Disposal
Restrictions
Checklist Title: Lead-Bearing Hazardous Materials Case-by-Case Capacity
Variance
Reference: 57 PR 28628-28632
Promulgation Date: June 26, 1992
Effective Date: June 5, 1992
Cluster: RCRAII
Provision Type: HSWA
Linkage: Checklists 78 and 83
Optional: No
Summary: In the final rule establishing land disposal restrictions for "Third Third" hazardous
wastes (June 1,1990; 55 PR 22520; Revision Checklist 78), EPA granted a two-year national
capacity variance to allow the continued storage of lead-bearing hazardous materials in waste
piles prior to smelting. The variance has now expired and these untreated wastes became
prohibited from land disposal on May 8, 1992. On January 9, 1992, EPA proposed a rule
allowing the use of a management unit-referred to as containment buildings-for the
accumulation for up to 90 days of D008 lead-bearing hazardous materials that are not in liquid
form, at secondary smelters without accumulation at such a unit being defined as land
disposal. EPA is now considering public comment on the proposal and anticipates
promulgating a final rule by June 30, 1992. This June 26, 1992 rule provides a one-year
extension of the LDR effective date for owners and operators of secondary lead smelters who
are engaged in the reclamation of lead-bearing hazardous materials. The extension applied
only to lead-bearing hazardous wastes placed in a staging area immediately prior to being
introduced into a lead smelter. This action is taken because EPA believes that the continued
storage of lead-bearing hazardous materials in piles at smelting facilities prior to recovery is
preferable to any alternative management available and consistent with the Agency's goal of
waste minimization.
State Authorization: This rule is placed 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. An interim final
rule was published in mid December, 1992, extending interim authorization for HSWA
provisions until January 1, 2003. The State Revision Application must include applicable
regulations, AG statement addendum, Revision Checklist 106, other associated checklists and
other application materials, i.e. a program description and an MOA, as determined by the
Regional office.
Attorney General's Statement Entry: The following entry should be placed at Subsection XXI
J in the Model Revision Attorney General's Statement.
J. State statutes and regulations provide an extension of the land
disposal restriction effective date, until May 8, 1993, for D008 lead-bearing
hazardous materials stored before secondary smelting, provided the
SUM106.13-7/21/92
(Printed: 11/2/93)
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OSWER DIRECTIVE NO. 9641.00-19
SPA 13
Revision Checklist 106 Summary (cont'd)
owner/operator meets the requirements specified at 40 CFR 268.35(k), as
indicated in Revision Checklist 106.
Federal Authority: RCRA §3004(h)(3); 40 CFR 268.35(c) and (k) as amended
June 26, 1992 (57 FR 28628).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
SUM106.13- 7/21/92
(Printed: 11/2/931
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OSWER DIRECTIVE NO. 9641.00-19
SPA 13
RCRA REVISION CHECKLIST 106
Lead-bearing Hazardous Materials
Case-by-Case Capacity Variance
57 FR 28628-28632
June 26, 1992
(RCRA Cluster II, HSWA provisions)
Note: This Revision Checklist is the third checklist affecting the prohibitions on land disposal of
lead-bearing hazardous wastes. The two previous checklists include Revision Checklists 78 and
83. The final rule addressed by this checklist provides a one-year extension (until May 8, 1993)
to the LDR effective date for owners and operators of secondary lead smelters who are engaged
in the reclamation of lead-bearing hazardous materials. States adopting Revision Checklists 78
and 83 are encouraged to adopt the provisions of this checklist simultaneously. States which
have already adopted the Revision Checklists 78 and 83 provisions are encouraged to adopt
Revision Checklist 106 as soon as possible.
"DERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN
SCOPE
PART 268 - LAND DISPOSAL RESTRICTIONS
SUBPART C - PROHIBITIONS ON LAND DISPOSAL
WASTE SPECIFIC PROHIBITIONS - THIRD THIRD WASTES
remove "D008 (lead
materials stored before
secondary smelting);"
before "and D009"
268.35(c)
June 26, 1992-Page 1 of 2
CL106.13-02/09/93
IPlintad: 11/2/93]
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OSWER DIRECTIVE NO. 9541.00-19
RCRA REVISION CHECKLIST 106: Lead-bearing Hazardous Materials
Case-by-case Capacity Variance (cont'd)
FEDERAL REQUIREMENTS
effective May 8, 1993,
prohibition from land
disposal of D008 lead
materials stored before
secondary smelting;
submission of binding
contractual
commitment.
documentation and
detailed schedule for
specified construction.
and providing specified
capacity, by March 1 ,
1 993; D008 prohibited
from land disposal by
failure to submit
documentation; placed
in facility record by July
27, 1992,
documentation
demonstrating that such
management capacity
will be adequate and
complies with all
applicable Subtitle C
requirements
FEDERAL RCRA CITATION
-
.
268.35(k)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
LESS
EQUIV- STRIN-
ALENT GENT
MORE
STRIN-
GENT
BROADER
IN
SCOPE
I
June 26, 1992 - Page 2 of 2
[Primed: 11/2/93)
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OSWER DIRECTIVE NO. 9641.00-19
ATTACHMENT B
Updates to the
State Authorization Manual (SAM)
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OSWER DIRECTIVE NO. 9541.00-19
Model Revision Attorney General's Statement
The following pages (numbered 9 through 58)
should replace pages 9 through 54 of
SAM Appendix E
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OSWER DIRECTIVE NO. 9541.00-19
SPA 13
MODEL REVISION ATTORNEY GENERAL'S STATEMENT FOR FINAL
AUTHORIZATION FOR CHANGES TO THE FEDERAL
RCRA PROGRAM FROM JANUARY 1983 THROUGH
JUNE 1992
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 g$ 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
Aaencvl. 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 1, 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) fDl, 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.
AGREV13 - 12/18/92
: 11/3/931
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OSWER DIRECTIVE NO. 9541.00-19
SPA 13
(6) Four spent solvents, 40 CFR 261.31, 261.33(f), and Part 261 Appendices III, VII
and VIII as amended February 25, 1986 [51 FR 6541], Revision Checklist 22.
(7) [OPTIONAL: This is a reduced requirement.] Listing of spent pickle liquor from
steel finishing operations, 40 CFR 261.32, as amended May 28, 1986 [51 £R
19320] and September 22, 1986 [51 FR 33612], Revision Checklist 26.
(8) Listing of commercial chemical products and Appendix VIII constituents, 40 CFR
261.33 and Part 261 Appendix VIII, as amended August 6, 1986 [51 FR
28296], Revision Checklist 29; as amended July 10, 1987 [52 FR 26012],
Revision Checklist 41; and as amended April 22, 1988 [53 FR 13382], Revision
Checklist 46.
(9) EBDC wastes, 40 CFR 261.32 and Part 261 Appendices III and VII, as amended
on October 24, 1986 [51 FR 37725], Revision Checklist 33.
(10) Listing of spent potliners from aluminum reduction (K088), 40 CFR 261.32 and
Part 261 Appendix VII, as amended September 13, 1988 [53 FR 35412],
Revision Checklist 53.
(11) [OPTIONAL: This is a reduced requirement.] Generic delisting of iron dextran
(CAS No. 9004-66-4), 40 CFR 261.33(f) and Part 261 Appendix VIII, as
amended October 31, 1988 [53 FR 43878], Revision Checklist 56.
(12) [OPTIONAL: This is a reduced requirement.] Generic delisting of strontium
sulfide (CAS No. 1314-96-1), 40 CFR 261.33(e) and Part 261 Appendix VIII, as
amended October 31, 1988 [53 FR 43881] and February 25, 1991 [56 FR
7567], Revision Checklists 57 and 86.
(13) Listing of two wastes (K131 and K132) generated during the production of
methyl bromide, 40 CFR 261.32 and 261 Appendices III and VII, as amended
October 6, 1989 [54 FR 41402], Revision Checklist 68.
(14) Listing of one generic category (F025) of waste generated during the
manufacture of chlorinated aliphatic hydrocarbons by free radical catalyzed
processes and amending F024, 40 CFR 261.31 and 261 Appendix VII; adding
one toxicant to 261 Appendix VIII; as amended December 11, 1989 [54 FR
50968], Revision Checklist 69.
•V
(15) [OPTIONAL: This is a reduced requirement.] Amendments to the F019
hazardous waste listing to exclude wastewater treatment sludges from zirconium
phosphating in aluminum can washing, when such phosphating is an exclusive
conversion coating process, 40 CFR 261.31, as amended February 14, 1990 [55
FR 5340], Revision Checklist 72.
AGREV13 - 12/18/92
10 . (Printed: 11/3/931
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OSWER DIRECTIVE NO. 9641.00-19
SPA 13
(16) Listing of four wastes (K107-K110) generated during the production of 1,1-
dimethylhydrazine (UDMH) from carboxylic acid hydrazides, 40 CFR 261.31 and
Part 261 Appendices III and VII, as amended May 2, 1990 [55 FR 18496],
Revision Checklist 75.
(17) Listing of one waste (F039), 40 CFR 261.31 and Part 261 Appendix VII, as
amended June 1, 1990 [55 FR 22520] 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 £B 46354] and December 17, 1990 [55 FR 51707], Revision
Checklist 81.
(19) Listing of three wastes (F032, F034 and F035) from wood preserving operations
that use chlorophenolic, creosote and/or inorganic (arsenical and chromium)
preservatives, 40 CFR 261.31, and 261 Appendices III, VII and VIII, as amended
December 6, 1990 [55 FR 50450], Revision Checklist 82.
(20) [OPTIONAL: This is a reduced requirement.] Administrative stay removing, from
the K069 listing, slurries generated from air pollution control devices that are
intended to capture acid gases and are not dedicated chiefly to control
paniculate air emissions, 40 CFR 261.32, as amended May 1, 1991 156 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
AGREV13 - 12/18/92
11 IMited: 11/3/931
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OSWER DIRECTIVE NO. 9641.00-19
SPA 13
Checklist 23 (which supercedes prior amendments by Revision Checklist 17 A) and Revision
Checklist 47 (providing technical corrections to Checklist 23). State statutes and regulations
also require small quantity generators to certify good faith efforts to minimize waste generation
and to select the best available and affordable treatment, storage or disposal alternatives, 40
CFR Part 262 as amended October 1, 1986 [51 PR 35190], Revision Checklist 32 (see Item IX
below).
Federal Authority: RCRA §3001 (d); 40 CFR Parts 260-263 and 270 as amended March 24,
1986 (51 FR 10146), October 1, 1986 (51 FR35190), 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.
AGREV13 - 12/18/92
12 IPrtntad: 11/3/93)
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OSWER DIRECTIVE NO. 9541.00-19
SPA 13
Federal Authority: RCRA §3001; 40 CFR 261.3(c) as amended June 5, 1984 (49 FR 23284).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
E. [OPTIONAL: This is a reduced requirement.] State statutes and regulations define
hazardous waste so as to not exclude household waste other than those household wastes
excluded in 40 CFR 261.4(b)(1), as indicated in Revision Checklists 9 and 17 C.
Federal Authority: RCRA §3001; 40 CFR 261.4(b)(1) as amended November 13, 1984 (49 FR
44980) and July 15, 1985 (50 FR 28702).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
F. State statutes and regulations incorporate the most recent edition and updates to
"Test Methods for Evaluating Solid Waste, Physical/Chemical Methods" (SW-846) as indicated
in Revision Checklists 11 and 35.
Federal Authority: RCRA §§2002, 3001; 40 CFR 260.11, 260.21 and 270.6(a) as amended
December 4, 1984 (49 FR 47390) and March 16, 1987 (52 FR 8072).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
G. State statutes and regulations define solid wastes to include the hazardous
components of radioactive mixed wastes, July 3, 1986 [51 FR 24504]. See State Program
Advisory (SPA) #2.
Federal Authority: RCRA §§1004(27) and 3001 (b).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
H. [OPTIONAL: This is a reduced requirement.] State statutes and regulations exempt
(with certain limitations) waste samples used in small scale treatability studies from Subtitle C
regulation as indicated in Revision Checklist 49.
AGREV13 - 12/18/92
13 (Printed: 11/3/931
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OSWER DIRECTIVE NO. 9541.00-19
SPA 13
Federal Authority: RCRA §3001; 40 CFR 260.10 and 261.4(e)&(f) as amended July 19, 1988
(53 FR 27290).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
I. State statutes and regulations exclude from the mining waste exemption the six
wastes listed at 40 CFR 261.4(b)(7)(i) through 261.4(b)(7)(vi), as indicated in Revision
Checklist 53.
Federal Authority: RCRA §3001 (b); 40 CFR 261.4(b)(7) as amended September 13, 1988 (53
FR35412).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
J. State statutes and regulations that:
(1) provide final criteria to define Bevill-excluded mineral processing wastes, finalize
the Bevill status of nine mineral processing waste streams, and list those mineral
processing wastes subject to conditional retention as indicated in Revision
Checklist 65.
Federal Authority: RCRA §3001 (b); 40 CFR 261.3 and 261.4 as amended September 1, 1989
(54 FR 36592).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
(2) remove five conditionally retained mineral processing wastes from the exemption
from hazardous waste regulation under the Bevill exclusion, and amend the
definitions of "beneficiation" and "designated facility" as indicated in Revision
Checklists 71 and 90.
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
AGREV13 - 12/18/92
14 . IPrMwl: 11/3/931
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OSWER DIRECTIVE NO. 9541.00-19
SPA 13
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 PR 40260) and March 9, 1990 (55 £5
8948).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
L. State statutes and regulations revise the existing toxicity characteristic by replacing
the Extraction Procedure (EP) leach test with the Toxicity Characteristic Leaching Procedure
(TCLP) for identifying wastes that are defined as hazardous and subject to regulation under
Subtitle C of RCRA as indicated in Revision Checklist 74. State statutes and regulations also
provide for the addition of 25 organic chemicals and their regulatory levels to the list of toxic
constituents of concern as indicated in Revision Checklist 74.
Federal Authority: RCRA §§1006, 2002(a), 3001, 3002, 3004, 3005 and 3006; 40 CFR Parts
261, 264, 265 and 268 as amended March 29, 1990 (55 FR 11798), and June 29, 1990 (55
FR 26986).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
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.
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I
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
0. [OPTIONAL: This is a reduced requirement.] State statutes and regulations extend
until January 25, 1993, the compliance date for the Toxicity Characteristic requirements for
produced ground water from free phase hydrocarbon recovery operations at certain petroleum
industry sites (refineries, marketing terminals, and bulk plants) as indicated in Revision Checklist
80. The extension for infiltration galleries at such operations ends on October 2, 1991.
Federal Authority: 5 U.S.C. §§553 and 705; RCRA §3001; 40 CFR 261.4(b)(ll) as amended
October 5, 1990 (55 FR 40834), February 1, 1991 (56 FR 3978) and April 2, 1991 (56 FR
13406).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
P. State statutes and regulations include definitions of oil/water/solids and aggressive
biological treatment units and a statement concerning the point of generation for F037 and
F038 sludges as indicated on Revision Checklist 81.
Federal Authority: RCRA §3001; 40 CFR 261.31 (b), as amended November 2, 1990 (55 FR
46354) and December 17, 1990 (55 FR 51707).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
Q. [OPTIONAL: This is a reduced requirement.] State statutes and regulations exclude
from being a solid waste spent .wood preserving solutions that have been used and are
reclaimed and reused for their original intended purpose as indicated in Revision Checklists 82
and 92.
Federal Authority: RCRA §3001; 40 CFR 261.4(a)(9) as amended December 6, 1990 (55 FR
50450) and July 1, 1991 (56 FR 30192).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
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R. State statutes and regulations allow deletion of certain hazardous waste codes
following equipment cleaning and replacement, provided that the requirements of 261.35 are
met, as indicated in Revision Checklists 82 and 92.
Federal Authority: RCRA §3001; 40 CFR 261.35 as amended December 6, 1990 (55 FR
50450) and July 1, 1991 (56 FR 30192).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
S. [OPTIONAL: This is a reduced requirement.] State statutes and regulations which
exclude from being hazardous used chlorofluorocarbon (CFC) refrigerants from totally enclosed
transfer equipment (including mobile air conditioning systems, mobile refrigeration, and
commercial and industrial air conditioning and refrigeration systems) that use
chlorofluorocarbons as the heat transfer fluid in the refrigeration cycle, provided the refrigerant
is reclaimed for further use as indicated in Revision Checklist 84.
Federal Authority: RCRA §3001; 40 CFR 261.4(b)(12) as amended February 13, 1991 (56 FR
5910).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
T. [OPTIONAL: This is a reduced requirement.] State statutes and regulations exclude
from being a solid waste coke and coal tar from the iron and steel industry that contains or is
produced from decanter tank tar sludge, EPA hazardous waste K087, when used as a fuel as
indicated in Revision Checklist 85. The process producing the coke and coal tar from such
decanter tank tar sludge in a coke oven is also excluded from regulation.
Federal Authority: RCRA §3001; 40 CFR 261.4(a)(10) as amended February 21, 1991 (56 FR
7134).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
U. State statutes and regulation do not exclude residues, derived from the burning or
processing of hazardous waste in a boiler or industrial furnace, from the definition of a
hazardous waste under 40 CFR 261.4(b)(4),(7)or(8) unless the device and the owner or
operator meet the requirements of 40 CFR 266.112 as indicated in Revision Checklist 85.
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I
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
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 §53001, 3004(d)-(k) and (m); 40 CFR 261.4(a)(11) as amended
August 19, 1991 (56 FR 41164).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
X. [OPTIONAL: This is a reduced requirement.] State statutes and regulations
exempt, from the definition of hazardous, used oil filters meeting the 40 CFR 261.4(b)(15)
criteria as indicated in Revision Checklist 104.
Federal Authority: RCRA §§ 1004, 1006, 2002, 3001 and 3014; 40 CFR 261.4(b)(15) as
amended May 20, 1992 (57 FR 21524).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
Y. [OPTIONAL: This is a reduced requirement.] State statutes and regulations exclude
from being a solid waste K087 and those coke by-product residues that are hazardous only
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because they exhibit the Toxicity Characteristic when, subsequent to generation, these
materials are recycled by being returned to coke ovens, to the tar recovery process as a fuel
stock to produce coal tar, or mixed with coal tar as indicated in Revision Checklist 105.
Federal Authority: RCRA §3001 (e)(2) and (h); 40 CFR 261.4(a)(10) as amended June 22,
1992 (57 FR 27880).
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
£B 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 SS3001 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.Kb).
Federal Authority: RCRA §3004; 40 CFR Part 265 as amended November 22, 1983 (48 FR
52718) and November 21, 1984 (49 FR 46095).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
VI. PAINT FILTER TEST
A. State statutes and regulations require the use of a paint filter test to determine the
absence or presence .of free liquids in either a containerized or bulk waste as indicated in
Revision Checklists 16, 17 F and 25.
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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
FR19176).
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 S §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. [OPTIONAL: This is a reduced requirement.] State statutes and regulations include
a burden disclosure statement with each uniform manifest form and renew the use of this form
as indicated in Revision Checklist 58.
Federal; Authority: RCRA §§2002, 3002, and 3003; 40 CFR 262.20 and Part 262 Appendix
as amended November 8, 1988 (53 FR 45089).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
E. State statutes and regulations require that generators who ship hazardous waste to a
designated facility in an authorized state which has not yet obtained authorization to regulate
that particular waste as a hazardous waste assure that the designated facility agrees to sign
and return the manifest to the generator, and that any out-of-state transporter signs and
forwards the manifest to the designated facility, as indicated in Revision Checklist 71.
Federal Authority: RCRA §§2002, 3002 and 3003; 40 CFR 262.23(e) as amended on
January 23, 1990 (55 FR 2322).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
VIII. BIENNIAL REPORT
A. State statutes and regulations contain the following reporting requirements as
indicated in Revision Checklists 1 and 30.
(1) The biennial report contains the information indicated in 40 CFR 262.41 (a),
264.75 and 265.75.
(2) Facilities must submit groundwater monitoring data annually to the State
Director as indicated in 40 CFR 265.94.
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 FR.
35190).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
(2) RCRA permits for the treatment, storage, or disposal of hazardous waste on the
premises where the waste was generated must contain a certification by the .
permittee regarding efforts taken to minimize the amount and toxicity of the
generated wastes.
Federal Authority: RCRA §3005(h); 40 CFR 264.70, 264.73 and 270.30(j)(2) as amended July
15, 1985 (50 FR 28702).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
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 ground water monitoring
requirements applicable to surface impoundments, waste piles, land treatment units and
landfills shall apply whether or not such units are located above the seasonal high water table,
have two liners and a leachate collection system or have liners that are periodically inspected,
as indicated in Revision Checklist 17 I.
Federal Authority: RCRA §3004(p); 40 CFR 264.222, 264.252, 264.253, and 264.302 as
amended July 15, 1985 (50 FR 28702).2
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
B. [OPTIONAL: This is a reduced requirement.] State statutes and regulations may
allow variances from the ground-water monitoring requirements as provided in §3004(p).
However, those variances must be restricted as provided in RCRA §3004(p) as indicated in
Revision Checklist 171.
Federal Authority: RCRA §3004(p); 40 CFR 264.90(b) as amended July 15, 1985 (50 FR
28702).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
C. State statutes and regulations provide that with regard to ground-water monitoring,
all land based hazardous waste treatment, storage, and disposal facilities analyze for a specified
core list (Part 264, Appendix IX) of chemicals plus those chemicals specified by the Regional
Administrator on a site-specific basis as indicated in Revision Checklist 40.
2Note that Revision Checklist 17 I reserved the cited sections of 40 CFR Part 264. Prior to
Revision Checklist 171, these sections of code addressed exemptions from the Subpart F
groundwater monitoring requirements.
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Federal Authority: RCRA §§1006, 2002(a), 3001, 3004, and 3005; 40 CFR 264.98, 264.99,
Part 264 Appendix IX, and 270.14 as amended July 9, 1987 (52 PR 25942).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
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. [OPTIONAL: This is a reduced requirement.] State statutes and regulations allow
owners and operators to demonstrate that an alternate hydraulically downgradient monitoring
well location will meet 40 CFR 265.91 (a)(3)(i)-(iii) criteria as specified in Revision Checklist 99.
Federal Authority: RCRA §§1006, 2002(a), 3001, 3004, 3005 and 3015; 40 CFR 260.10,
and 265.91(a)(3) as amended December 23, 1991 (56 £5 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 CFC 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 £R
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 PR
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 UIC permit, which addresses Section 3004(u) corrective
action, is issued, the well must comply with applicable interim status
requirements imposed by §265.430, Parts 144.146 and 147, and any UIC
permit requirements.
Federal Authority: RCRA §3004(u); 40 CFR 144.1(h) as amended December 1, 1987 (52 FR
45788).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
(2) As part of the UIC permit process, available information regarding operating
history and condition of the injection well must be submitted as well as any
available information on known releases from the well or injection zone.
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Federal Authority: RCRA §3004(u); 40 CFR 144.31 (g) as amended December 1, 1987 (52 PR
45788).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
(3) UIC facility owners/operators must submit certain information related to
corrective action with their UIC applications.
Federal Authority: RCRA §3004(u); 40 CFR 270.60(b)(3) as amended December 1, 1987 (52
EB 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 tended July 15, 1985 (50 FR 28702),
August 8, 1986 (51 FR 28664), July 19, 1988 (53 FR 27164), and September 4, 1991 (56 FR
45704).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
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XV. STANDARDS FOR FACILITIES3
A. State statutes and regulations prohibit the land disposal of hazardous waste
prohibited under 40 CFR Parts 264 and 265 as indicated in Revision Checklist 17 E. Land
disposal includes, but is not limited to, placement in landfills, surface impoundments, waste
piles, deep injection wells, land treatment facilities, salt dome and bed formations and
underground mines or caves. Deep injection well means a well used for the underground
injection of hazardous wastes other than a well to which §3020 of RCRA applies.
Federal Authority: RCRA §3004(b)-(q); 40 CFR 264.18 and 265.18 as amended July 15, 1985
(50 FR 28702).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
B. Effective on November 8, 1984, State statutes and regulations prohibit the
placement of any non-containerized or bulk liquid hazardous waste in any salt dome or salt bed
formation any underground mine or cave except as provided in 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
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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D. State statutes and regulations require the permittee to take steps to minimize
releases to the environment in accordance with 40 CFR Part 270.30(d) as indicated in Revision
Checklist 2.
Federal Authority: RCRA §3005(c); 40 CFR Part 270 as amended September 1, 1983 (48 FR
39622).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
E. State statutes and regulations require that closure and post-closure requirements and
special requirements for containers apply to interim status landfills as indicated in Revision
Checklist 15.
Federal Authority: RCRA §3004; 40 CFR 265.310 and 265.315 as amended April 23, 1985
(50 FR 16044).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
F. State statutes and regulations require compliance with closure/post-closure and
financial responsibility requirements applicable to owners and operators of hazardous waste
treatment, storage and disposal facilities, as indicated in Revision Checklists 24, 36, and 45.
Federal Authority: RCRA §§3004 and 3005; 40 CFR Parts 260, 264, 265, and 270 as
amended May 2, 1986 (51 FR 16422), March 19, 1987 (52 FR 8704) and December 10, 1987
(52 FR 46946).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
G. [OPTIONAL: This is a reduced requirement.] State statutes and regulations allow
qualified companies that treat, store or dispose of hazardous waste to use a corporate
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
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H. State statutes and regulations require companies that generate, treat or store
hazardous waste in tanks to comply with tank standards equivalent to those indicated in
Revision Checklists 28 and 52.
Federal Authority: RCRA §11006, 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 PR 25422),
August 15, 1986 (51 PR 29430) and September 2, 1988 (53 PR 34079).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
I. State statutes and regulations require environmental performance standards;
monitoring, testing, analytical data, inspection, response and reporting procedures; and
post-closure care for miscellaneous units as indicated in Revision Checklist 45.
Federal Authority: RCRA §§3004 and 3005; 40 CFR 264.600, 264.601, 264.602, and
264.603 as amended December 10, 1987 (52 PR 46946).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
J. [OPTIONAL: This is a reduced requirement.] State statutes and regulations allow
owners and operators of landfills, surface impoundments, or land treatment units, under limited
circumstances, to remain open after the final receipt of hazardous wastes in order to receive
non-hazardous wastes in that unit as indicated in Revision Checklist 64.
Federal Authority: RCRA §§1006, 2002(a), 3004, 3005 and 3006; 40 CPR 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 PR 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.
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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 PR 25454) and April 26, 1991 (56 PR
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.
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
N. [OPTIONAL: This is a reduced requirement.] State statutes and regulations contain
an administrative stay, until October 30, 1992, for the requirement that existing drip pads be
impermeable as indicated in Revision Checklist 101.
Federal Authority: 5 U.S.C. 705; RCRA §§2002(a) and 3001(b)&(e)(1); 40 CFR 264.573(a)(4),
and 265.443(a)(4) as amended February 18, 1992 (57 FR 5859).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
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OSWER DIRECTIVE NO. 9541.00-19
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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 £B 28702).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
C. State statutes and regulations require permits to contain any conditions necessary to
protect human health and the environment in addition to any conditions required by regulations
as indicated in Revision Checklist 170.
Federal Authority: RCRA §3005(c)(3); 40 CFR 270.32(b) as amended July 15, 1985 (50 FR
28702).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
D. State statutes and regulations require that:
(1) For land disposal facilities granted interim status prior to 11/8/84, interim status
terminates 11/8/85; unless a Part B application and certification of compliance
with applicable groundwater monitoring and financial responsibility requirements
are submitted by 11/8/85, as indicated in Revision Checklist 17 P.
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Federal Authority: RCRA §3005(e); 40 CFR 270.73(c) as amended July 15, 1985 (50 FR
28702).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
(2) For land disposal facilities in existence on the effective date of statutory or
regulatory changes under this Act that render the facility subject to the
requirement to have a permit and which is granted interim status, interim status
terminates 12 months after the date the facility first becomes subject to such
permit requirement unless a Part B application and certification of compliance
with applicable groundwater monitoring and financial responsibility requirements
are submitted by that date as indicated in Revision Checklist 17 P.
Federal Authority: RCRA §3005(e); 40 CFR 270.73(d) as amended July 15, 1985 (50 FR
28702).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
(3) Interim status terminates for incinerator facilities on 11 /8/89 unless the
owner/operator submits a Part B application by 1178/86 as indicated in Revision
Checklist 17 P.
Federal Authority: RCRA §3005(c)(2)(C); 40 CFR 270.73(e) as amended July 15, 1985 (50 FR
28702).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
(4) Interim status terminates for any facility other than a land disposal or an
incineration facility on 1178/92 unless the owner/operator submits a Part B
application by 11/8/88 as indicated in Revision Checklist 17 P.
Federal Authority: RCRA §3005(c)(2)(C); 40 CFR 270.73(f) as amended July 15, 1985 (50 FR
28702).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
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E. [OPTIONAL: This is a reduced requirement.] State statutes and regulations allow
facilities to qualify for interim status if they (1) are in existence on the effective date of
statutory or regulatory changes that render the facility subject to the requirement to have a
permit and (2) comply with §270.70(a) as indicated in Revision Checklist 17 P.
Federal Authority: RCRA §3005(e); 40 CFR 270.70(a) as amended July 15, 1985 (50 PR
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 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 Reouhtions: Date of Enactment and Adoption
Remarks of the Attorney General
H. State statutes and regulations require landfills, surface impoundments, land
treatment units, and waste piles that received waste after July 26, 1982 and which qualify for
interim status to comply with the groundwater monitoring, unsaturated zone monitoring, and
corrective action requirements applicable to new units at the time of permitting as indicated in
Revision Checklist 17 L.
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Federal Authority: RCRA §3005(1); 40 CFR 264.90(a) as amended July 15, 1985 (50 PR
28702).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
I. State statutes and regulations require:
(1) Surface impoundments in existence on November 8, 1984 [or subsequently
becoming subject to RCRA pursuant to §3005(j)(6)(A) or (B)] to comply with the
double liner, leachate collection, and groundwater monitoring requirements
applicable to new units by November 8, 1988 (or the date specified in
§3005(j)(6)(A) or (B)] or to stop treating, receiving, or storing hazardous waste,
unless the surface impoundment qualifies for a special exemption under
§3005(j).
Federal Authority: RCRA §3005(j)(1)&(6)(A).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of .the Attorney General
(2) [OPTIONAL: This is a reduced requirement.] State statutes and regulations may
allow variances from the above requirements as provided in RCRA §3005{j)(2-9)
and (13). However, the availability of such variances must be restricted as
provided in RCRA §3005(j).
Federal Authority: RCRA §3005(j)(2-9).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
J. [OPTIONAL: This is a reduced requirement.] Facility owners or operators are given
the opportunity to cure deficient Part A applications in accordance with 40 CFR 270.70(b)
before failing to qualify for interim status as indicated in Revision Checklist 6.
Federal Authority: RCRA §3005; 40 CFR Part 270 as amended April 24, 1984 (49 FR 17716).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
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OSWER DIRECTIVE NO. 9541.00-19
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K. State statutes and regulations allow the permit granting agency to initiate
modifications to a permit without first receiving a request from the permittee, in cases where
statutory changes, new or amended regulatory standards or judicial decisions affect the basis of
the permit as indicated in Revision Checklist 44 D.
Federal Authority: RCRA §3005(c); 40 CFR 270.41 (a)(3) as amended December 1, 1987 (52
FR 45788).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
L. State statutes and regulations require that permittees must comply with new
requirements imposed by the land disposal restrictions promulgated under Part 268 even when
there are contrary permit conditions, as indicated in Revision Checklist 44 E.
Federal Authority: RCRA §3006(g); 40 CFR 270.4(a) as amended December 1, 1987 (52 FR
45788).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
M. State statutes and regulations require information from permit applicants concerning
permit conditions necessary to protect human health and the environment as indicated in
Revision Checklist 44 F.
Federal Authority: RCRA §3005(c); 40 CFR 270.10 as amended December 1, 1987 (52 FR
45788).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
N. State statutes and regulations require post-closure permits for all landfills, surface
impoundments, waste piles and tend treatment units receiving hazardous waste after July 26,
1982 as indicated in Revision Checklist 44 G.
Federal Authority: RCRA §3005(0; 40 CFR 270.1(c) as amended December 1, 1987 (52 FR
45788).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
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0. State statutes and regulations require that all owners and operators of units that
treat, store, or dispose of hazardous waste in miscellaneous units must comply with the general
application requirements (including Part A permit requirements), the Part B general application
requirements of §270.14, and specific Part B information requirements for miscellaneous units
as indicated in Revision Checklists 45 and 59.
Federal Authority: RCRA §§3004 and 3005; 40 CFR 264.600, 270.14 and 270.23 as
amended December 10, 1987 (52 PR 46946) and January 9, 1989 (54 FR 615).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
P. [OPTIONAL: This is a reduced requirement.] State statutes and regulations provide
owners and operators more flexibility to change specified permit conditions, to expand public
notification and participation opportunities, and allow for expedited approval if no public
concern exists for a proposed permit modification. Owner/operator permit modifications are
categorized into three classes with administrative procedures for approving modifications
established in each class. These changes are as indicated in Revision Checklist 54.
Federal Authority: RCRA §§2002(a), 3004, 3005, and 3006; 40 CFR Parts 124, 264, 265,
and 270 as amended September 28, 1988 (53 FR 37912) and October 24, 1988 (53 FR
41649).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
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.
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OSWER DIRECTIVE NO. 9641.00-19
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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 Reoulations: Date of Enactment and Adoption
Remarks of the Attorney General
T. [OPTIONAL: This is a reduced requirement.] State statutes and regulations that
clarify that a permit can be denied for the active life of a facility while a decision on post
closure permitting is pending as indicated in Revision Checklist 61.
Federal Authority: RCRA §§2002(a), 3004, 3005, and 3006; 40 CFR 124.1, 124.15, 124.19,
270.1, 270.10 and 270.29 as amended March 7, 1989 (54 FR 9596).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
U. [OPTIONAL: This is a reduced requirement.] State statutes and regulations that
classify as Class 1 certain permit modifications requested by owners/operators necessary to
enable permitted facilities to comply with the land disposal restrictions as indicated in Revision
Checklist 61. Specifically these modifications include 1) adding restricted wastes treated to
meet applicable 40 CFR Part 268 treatment standards or adding residues from treating "soft
hammer" wastes, 2) adding certain wastewater treatment residues and incinerator ash, 3)
adding new wastes for treatment in tanks or containers under certain limited conditions, and 4)
adding new treatment processes, necessary to treat restricted wastes to meet treatment
standards, that take place in tanks or containers.
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Federal Authority: RCRA §§2002(a), 3004, 3005 and 3006; 40 CFR 270.42 as amended
March 7, 1989 (54 PR 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 £B 14146), June 30, 1983 (48 £fj 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.
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 £5 32688).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
Y. State statutes and regulations include specific Part B information requirements for
surface impoundments, waste piles and landfills regarding liners; leachate collection, detection,
and removal systems; and the construction quality assurance program requirements as
indicated in Revision Checklist 100.
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Federal Authority: RCRA §§3004, 3005, 3006 and 3015; 40 CFR 270.4(a), 270.17(b)&(c),
270.18(c)&(d), and 270.21 (b)&(c) as amended January 29, 1992 (57 FR 3462).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
XVII. MINIMUM TECHNOLOGICAL REQUIREMENTS
A. State statutes and regulations require that new units, expansions, and replacements
of interim status waste piles meet the requirements for a single liner and leachate collection
system in regulations applicable to permitted waste piles as indicated in the Revision Checklist
17 H.
Federal Authority: RCRA §3015(a); 40 CFR 265.254 as amended July 15, 1985 (50 FR
28702).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
B. State statutes and regulation require:
(1) New units, expansions, and replacement units at interim status landfills and
surface impoundments and landfills and surface impoundments for which Part B
of the permit application is received by the proper authority after November 8,
1984, meet the requirements for double liners and leachate collection systems
applicable to new permitted landfills and surface impoundments in 40 CFR
264.221 and 264.301 and 265.221 and 265.301 as indicated in Revision
Checklists 17 Hand 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
C. State statutes and regulations require owners and operators of new units,
expansions, and replacement units at surface impoundments, waste piles, and landfills to meet
the monitoring and inspection Construction Quality Assurance (CQA) program, double liner,
leachate collection and removal systems, leak detection systems, action leakage, response
action plan and closure/post-closure care requirements as indicated in Revision Checklist 100.
Federal Authority: RCRA §§3004, 3005, 3006 and 3015; 40 CFR 264.19, 264.221-264.223,
264.226, 264.228, 264.251-264.254, 264.301-264.304, 264.310, 265.19,
265.221-265.223, 265.226-265.228, 265.254, 265.255, 265.259, 265.260,
265.301-265.304 and 265.310 as amended January 29, 1992 (57 FR 3462).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
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 §301B(a); 40 CFR 270.10(j) as amended July 15, 1985 (50 FR
28702).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
B. State laws and regulations allow the State to make assessment information available
to the Agency for Toxic Substances and Disease Registry. [See CERCLA §104(i).]
Federal Authority: RCRA §3019(b).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
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XIX. AVAILABILITY OF INFORMATION
A. State statutes and regulations provide that:
(1) All records shall be available to the public unless they are exempt from the
disclosure requirements of the Federal Freedom of Information Act (FOIA), 5
U.S.C. 552;
(2) All nonexempt records will be available to the public upon request regardless of
whether any justification or need for such records has been shown by the
requestor;
(3) The same types of records would be available to the public from the State as
would be available from EPA. [In making this certification, the Attorney General
should be aware of the types of documents EPA generally releases under the
FOIA, subject to claims of business confidentiality: permit applications; biennial
reports from facilities; closure plans; notification of a facility closure;
contingency plan incident reports; delisting petitions; financial responsibility
instruments; ground-water monitoring data (note that exemption 5
U.S.C.552(b)(9) of the FOIA applies to such wells as oil and gas, rather than to
ground-water wells); transporter spill reports; international shipment reports;
manifest exception, discrepancy and unmanifested waste reports; facility EPA
identification numbers; withdrawal requests; enforcement orders; and, inspection
reports]; and,
(4) Information is provided to the public in substantially the same manner as EPA as
indicated in 40 CFR Part 2 and the Revision Checklist in Appendix N of the State
Authorization Manual. [OPTIONAL: Where the State agrees to implement
selected provisions through the use of a Memorandum of Agreement (MOA) the
Attorney General must certify that: "The State has the authority to enter into
and carry out the MOA provisions and there are no State statutes (e.g.. State
Administrative Procedures Acts) which require notice and comment or
promulgation of regulations for the MOA procedures to be binding.]
(5) [OPTIONAL: The State statutes and regulations protect Confidential Business
Information (CB1) 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
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OSWER DIRECTIVE NO. 9541.00-19
SPA 13
XX. BURNING OF WASTE FUEL AND USED OIL FUEL IN BOILERS AND INDUSTRIAL
FURNACES
A. State statutes and regulations contain the following requirements regarding the
burning of waste fuel and used oil fuel for energy recovery in boilers and industrial furnaces as
indicated in Revision Checklist 19:
(1) Waste fuels and used oil fuels are identified as solid wastes so as to encompass
all such wastes controlled under 40 CFR 261.3, 261.5 and 261.6.
(2) Special management standards for generators, transporters, marketers and
burners of hazardous waste and used oil burned for energy, as set forth in 40
CFR 264.340, 265.340, 266.30-35 and 266.40-44.
Federal Authority: RCRA §§3001, 3004 and 3014(a); 40 CFR Parts 261, 264, 265 and 266 as
amended November 29, 1985 (50 FR 49164), November 19, 1986 (51 FR 41900) and April
13, 1987 (52 FR 11819).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
B. [OPTIONAL: This is a reduced requirement.] State statutes and regulations provide
the authority to obtain criminal penalties for violations of the waste fuel and used oil fuel
requirements, as set forth in 40 CFR 266.40-44.
Federal Authority: RCRA §§3006(h), 3008(d) and 3014; 40 CFR 271.16.
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
C. State statutes and regulations include control standards for emissions of toxic
organic compounds, toxic metals, hydrogen chloride, chlorine gas and paniculate matter from
boilers and industrial furnaces burning hazardous waste, and require owners and operators of
such facilities to comply with the general facility standards applicable to hazardous waste
treatment, storage and disposal facilities, as indicated in Revision Checklists 85, 94 and 96.
Hazardous waste storage units at regulated burners are subject to 40 CFR 264 requirements.
AGREV13 - 12/18/92
45 (Mrt«l: 11/3/831
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OSWER DIRECTIVE NO. 9541.00-19
SPA 13
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 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. [OPTIONAL: This is a reduced requirement.] State statutes and regulations contain
an administrative stay until June 22, 1992, of the permitting standards for boilers and industrial
furnaces as they apply to coke ovens burning certain hazardous wastes from the coke by-
products recovery process as indicated in Revision Checklists 98 and 105.
Federal Authority: 5 U.S.C. 705; RCRA §§2002(a) and 3001(b)&(e)(1); 40 CFR 266.100(a) as
amended September 5, 1991 (56 FR 43874) and June 22, 1992 (57 FR 27880).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
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.
AGREV13 - 12/18/92
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OSWER DIRECTIVE NO. 9541.00-19
SPA 13
Federal Authority: RCRA §3004(d)-(k) and (m); 40 CFR Parts 262, 264, 265, 268 and 270 as
amended on July 8, 1987 (52 PR 25760), October 27, 1987 (52 PR 41295), August 17, 1988
(53 PR 31138), and September 6, 1989 (54 PR 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 "Pirst Third" of the schedule of restricted wastes listed in 40 CFR
268.10 as well as land disposal restrictions for those Pirst 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 PR 31138), February 27, 1989 (54 PR 8264), May 2, 1989
(54 PR 18836), September 6, 1989 (54 PR 36967) and June 13, 1990 (55 PR 23935).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
D. State statutes and regulations for certain treatment standards and prohibition
effective dates for certain Second Third wastes and for imposing the "soft hammer"
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 CPR Part 268 as amended June 23, 1989
(54 PR 26594).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
"Soft hammer" wastes are those wastes for which EPA did not promulgate treatment
standards by their respective effective dates. These wastes could continue to be
disposed of in a landfill or surface impoundment until May 8, 1990 if certain
demonstrations were made and the technology requirements of RCRA §3004(o) were
met. Other types of land disposal (e.g., underground injection) were not similarly
restricted. On May 6, 1990, wastes for which EPA had not established treatment
standards became prohibited from all types of land disposal. This latter requirement is
referred to as the "hard hammer" provision and ended the soft hammer provisions which
were in effect prior to May 6, 1990.
AGREV13- 12/18/92
47 IPlMMl: 11/3/83)
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OSWER DIRECTIVE NO. 9541.00-19
SPA 13
E. State statutes and standards for treatment standards and effective dates for certain
First Third "soft hammer" wastes6 as well as for certain wastes originally contained in the Third
Third of the Schedule as indicated in Revision Checklist 63.
Federal Authority: RCRA §3004(d)-(k) and (m); 40 CFR Parts 264, 265 and 268 as amended
June 23, 1989 (54 FR 26594).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
F. State statutes and regulations provide specific treatment standards and effective
dates for the "Third Third" wastes, "soft hammer" First and Second Third wastes5, five newly
listed wastes, four wastes that fall into the F002 and F005 (spent solvent) waste codes, F025,
mixed radioactive/hazardous wastes, characteristic wastes, and multi-source leachate, as well
as establish revised treatment standards for petroleum refining hazardous wastes (K048-K052)
as indicated in Revision Checklists 78, 83 and 102.
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), January 31, 1991 (56 £5 3864) and March
6, 1992 (57 FR 8086).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
G. [OPTIONAL: This is a reduced requirement.] State statutes and regulations provide
for alternate treatment standards for lab packs meeting certain criteria as indicated in Revision
Checklists 78 and 83.
Federal Authority: RCRA §3004(d)-(k) and (m); 40 CFR 264.316(f), 265.316(f), 268.7(a){7),
268.7(a)(8), 268.42(c), 268.42(c)(1)-(4), and Part 268 Appendices IV and V, as amended June
1, 1990 (55 FR 22520) and January 31, 1991, (56 FR 3864).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
H. State statutes and regulations contain treatment standards under the land disposal
restrictions program for K061 as indicated in Revision Checklist 95.
6See Footnote 4.
A6REV13 - 12/18/92
48 (Pikited: 11/3/931
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OSWER DIRECTIVE NO. 9541.00-19
SPA 13
Federal Authority: RCRA §3004(d)-(k) and (m); 40 CFR 268.41 and 268.42 as amended
August 19, 1991 (56 FR 41164).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
I. State statutes and regulations provide an extension of the land disposal
restriction effective date for hazardous waste debris until May 8, 1993, as indicated in Revision
Checklist 103.
Federal Authority: RCRA §§3004(h)(3); 40 CFR 268.35(e) as amended May 15, 1992 (57 FR
20766).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
J. State statutes and regulations provide an extension of the land disposal
restriction effective date, until May 8, 1993, for D008 lead-bearing hazardous materials stored
before secondary smelting, provided the owner/operator meets the requirements specified at 40
CFR 268.35(k), as indicated in Revision Checklist 106.
Federal Authority: RCRA §3004(h)(3); 40 CFR 268.35(c) and (k) as amended June 26, 1992
(57 FR 28628).
Citation of Laws and Regulations: Date of Enactment and Adoption
Remarks of the Attorney General
XXII. MEMORANDUM OF AGREEMENT (MOA1
[If the State uses the MOA to satisfy Federal procedural requirements, the Attorney
General must certify the following:
(1) The State has the authority to enter into the agreement,
(2) The State has the authority to carry out the agreement, and
(3) No applicable State statute (including the State Administrative Procedure Act)
requires that the procedure be promulgated as a rule in order to be binding.]
AGREV13- 12/18/92
49 (Printed: 11/3/931
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Seal of Office
OSWER DIRECTIVE NO. 9541.00-19
SPA 13
Signature
Name (Type or Print)
Title
Date
AGREV13 - 12/18/92
50 IPlkiud: 11/3/931
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OSWER DIRECTIVE NO. 9641.00-19
SPA 13
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
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)
AGREV13- 12/18/92
51 (Printed: 11/3/931
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OSWER DIRECTIVE NO. 9541.00-1 9
I. Index to the checklist entries found in the . SPA 13
Model Revision Attorney General's Statement (cont'd)
Revision checklist number/name Subsections pertaining to checklist
171. Ground-water Monitoring XI A & B
17 J. Cement Kilns XII A(1)&{2)
17 K. Fuel Labeling XII A(2)
17 L. Corrective Action XIII A(1),(2)f(3)&(4); XVI H
17 M. Pre-construction Ban XVI A
17 N. Permit Life XVI B
170. Omnibus Provision XVI C
17 P. Interim Status XVI D(1),(2),(3)&(4); XVI E & F
17 Q. Research & Development Permits XVI G
17 R. Hazardous Waste Exports XIV A
17 S. Exposure Information XVIII A
18. Listing of TDI, IDA, DNT I A(3)
19. Burning of Waste Fuel and Used Oil .... XX A
20. Spent Solvents Listing I A(4)
21. EDB Waste Listing I A(5)
22. Four Spent Solvents Listing I A(6)
23. Small Quantity Generators IB
24. Financial Responsibility:
Settlement Agreement XV F
25. Paint Filter Test - Correction VI; X A
26. Listing of Spent Pickle Liquor I A(7)
27. Corporate Guarantee - Liability
Coverage XV G
28. Hazardous Waste Storage and Tank
Systems XV H
29. Correction - Commercial Chemical
Products and Appendix VIII I A(8)
30. Biennial Reports; Correction VIII A; IX A
31. Exports of Hazardous Wastes XIV A
32. Standards for Generators - Waste
Minimization Certifications I B; VII A; IX A(1)&(2)
33. Listing of EBDC . I A(9)
34. Land Disposal Restrictions XXI A
35. Revised Manual SW-846; Amended
Incorporation by Reference IF
AGREV13- 12/18/92
52 IPrkitad: 11/3/931
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OSWER DIRECTIVE NO. 9641.00-19
I. Index to the checklist entries found in the SPA 13
Model Revision Attorney General's Statement (cont'd)
Revision checklist number/name Subsections pertaining to checklist
36. Closure/Post-closure Care for
Interim Status Surface Impoundments ... XV F
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 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 XIIID
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
AGREV13 - 12/18/92
53 IPlnttd: 1V3/93)
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OSWER DIRECTIVE NO. 9541.00-19
I. Index to the checklist entries found in the SPA 13
Model Revision Attorney General's Statement (cont'd)
Revision checklist number/name Subsections pertaining to checklist
50. Land Disposal Restrictions
for First Third Scheduled Wastes XXI A, B & C
51. Liability Coverage for Owners/
Operators of Treatment, Storage,
and Disposal Facilities Withheld, no entry as yet
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 0
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
AGREV13- 12/18/92
54 (Printed: 11/3/931
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OSWER DIRECTIVE NO. 9541.00-19
I. Index to the checklist entries found in the . SPA 13
Model Revision Attorney General's Statement (cont'd)
Revision checklist number/name Subsections pertaining to checklist
62. Land Disposal Restrictions
Amendments to First Third
Scheduled Wastes XXI C
63. Land Disposal Restrictions for
Second Third Scheduled Wastes XXI D & E
64. Delay of Closure Period for Hazardous
Waste Management Facilities XV J
65. Mining Waste Exclusion I I J(1)
66. Land Disposal Restrictions; Correction
to First Third Scheduled Wastes XXI C
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
AGREV13 - 12/18/92
55 IPrintad: 11/3/93)'
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OSWER DIRECTIVE NO. 9541.00-19
I. Index to the checklist entries found in the . SPA 13
Model Revision Attorney General's Statement (cont'd)
Revision checklist number/name Subsections pertaining to checklist
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
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 Withheld, no entry as yet
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
100. Liners and Leak Detection Systems
for Hazardous Waste Land
Disposal Units XVI Y; XVII C
AGREV13 - 12/18/92
56 |Prnt*d: 11/3/93)
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OSWER DIRECTIVE NO. 9541.00-19
I. Index to the checklist entries found in the SPA 13
Model Revision Attorney General's Statement (cont'd)
Revision checklist number/name Subsections pertaining to checklist
101. Administrative Stay for the
Requirement that Existing Drip Pads
be Impermeable XV N
102. Second Correction to the Third
Third Land Disposal Restrictions XXI F
103. Hazardous Debris Case-by-Case
Capacity Variance XXI I
104. Used Oil Filter Exclusion IX
105. Recycled Coke By-Product Exclusion .... I Y, XX D
106. Lead-Bearing Hazardous Materials
Case-by-Case Capacity XXI J
AGREV13- 12/18/92
57 |Prkit«d: 11/3/93)
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OSWER DIRECTIVE NO. 9541.00-19
SPA 13
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 Subtitle C
on November 8, 1984, must comply
with new unit requirements by
November 8, 1988 or stop hazardous
waste activity; newly regulated
surface impoundments must comply
within 4 years after listing or
characteristic is promulgated
(after November 8, 1984) XVI 1(1)
2. disposal of waste prohibited from
land disposal under RCRA §3004(d),
(e) or (g) Not Needed1/
3. variance under RCRA §3005(j)(2-9)
and (13) XVI l(2)
Third party direct action against financial
responsibility insurer or granter Not Delegable
I/ These requirements are taken care of when State adopts an analog to 40 CFR 268.4,
per the Land Disposal Restriction checklists.
AGREV13 - 12/18/92
58 (Printed: 11/3/831
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OSWER DIRECTIVE NO. 9541.00-19
Tables G-1 and G-2
The following pages (numbered 4 through 32)
should replace pages 4 through 30 of
SAM Appendix G
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OSWER DIRECTIVE NO. 9641.00-19
SPA 13
TABLE G-1. LIST OF REVISION CHECKLISTS BY CLUSTER
Through June 30, 1992
StATSi'
Rule
Code
1
2
3
4
5
6
7
8
Al
9
10
11
12
13
Revision
Checklist
Number
1
2
3
4
5
T6
T7
T8
t9
10
11
t12
13
Federal Reauirement
Non-HSWA Reauirements orior to Non-HSWA
June 30. 1 984; Due Date - one vear after the
rule^)
Biennial Report (See Revision Checklist 30)
Permit Rules; Settlement Agreement
Interim Status Standards; Applicability (See
Revision Checklist 1 0 in Non-HSWA Cluster
I)
Chlorinated Aliphatic Hydrocarbon Listing
(F024)
National Uniform Manifest (See Revision
Checklists 17 D & 32 in HSWA Cluster I)
Permit Rules; Settlement Agreement
Warfarin and Zinc Phosphide Listing
Lime Stabilized Pickle Liquor Sludge
Non-HSWA Cluster I (Julv 1. 1984 - June 30
1986^)
State Availability of Information
Household Waste
Interim Status Standards; Applicability
Corrections to Test Methods Manual
Satellite Accumulation
Definition of Solid Waste
HSWA or FR
Reference
Cluster I (January
oromulaation date
48 FR 3977
48 FR39611
48 FR52718
49 FR 5308
49 FR 10490
49 FR 17716
49 FR 19922
49 FR 23284
1985: Due Date -
HSWA
§3006(f)
49 FR 44978
49 FR 46094
49 FR 47390
49 FR 49568
50 FR 614
Promulga-
tion or
HSWA Date
26. 1983-
of the final
1/28/83
9/1/83
11/22/83
2/10/84
3/20/84
4/24/84
5/10/84
6/5/84
Julv 1 .
11/8/84
11/13/84
11/21/84
1 2/4/84
12/20/84
1/4/85
Continued .. .
UST13 - 8/1 1/92 jPr: 11/2/93)
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OSWER DIRECTIVE NO. 9641.00-19
TABLE G-1. LIST OF REVISION CHECKLISTS BY CLUSTER (cont'd)
Through June 30, 1992
StATS Revision
Rule Checklist HSWA or FR
Code Number Federal Requirement Reference
SPA-33
Promulga-
tion or
HSWA Date
13.1
15
13.2
24
26
MW
27
28N
29
15
(13)
24
T26
127^
28
29
Non-HSWA Cluster I (cont'd)
[Definition of Solid Waste; Correction
(Included on Revision Checklist 13 in Non-
HSWA Cluster I)]
Interim Status Standards for Treatment,
Storage, and Disposal Facilities
50 FR 14216
50 FR 16044
4/11/85
4/23/85
Non-HSWA Cluster II (July 1. 1985 - June 30. 1986: Due Date - Julv 1.
1987^)
[Definition of Solid Waste; Correction
(Included on Revision Checklist 13 in Non-
HSWA Cluster I)]
Financial Responsibility; Settlement
Agreement (See Revision Checklist 24
(Amended) in Non-HSWA Cluster VI)
Listing of Spent Pickle Liquor (K062)
Non-HSWA Cluster III (Julv 1. 1986 - June 30.
50 FR 33541
51 FR 16422
51 FR 19320
1987: Due Date
8/20/85
5/2/86
5/28/86
• Julv 1.
1988^)
Radioactive Mixed Waste (See SPA 2)
Dability Coverage; Corporate Guarantee (See
Revision Checklist 43 in Non-HSWA Cluster
IV)
Standards for Hazardous Waste Storage and
7. aatment Tank Systems (Certain sections
superseded by 53 FR 34079, see Revision
Checklist 52 in Non-HSWA Cluster V; also
see Revision Checklist 28 in HSWA Cluster I)
Correction to Listing of Commercial
Chemical Products and Appendix VIII
Constituents (Completely superseded by 53
FR 13382; use Revision Checklist 46 in Non-
HSWA Cluster IV to replace this checklist)
51 FR 24504
51 FR 25350
51 FR 25422
7/3/86
7/11/86
7/14/86
51 FR 28296
8/6/86
Continued. .
UST1 3 -8/11/92 |Pr11/2/93|
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OSWER DIRECTIVE NO. 9541.00-19
SPA 13
38.1
TABLE G-1. LIST OF REVISION CHECKLISTS BY CLUSTER (cont'd)
Through June 30, 1992
StATS
Rule
Code
8N.1
26.1
35
36
37
38
40
41
26.2
Revision
Checklist
Number
(28)
(26)
35
36
37
38
40
41
(26)
Federal Reauirement
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
Non-HSWA Cluster IV (Julv 1 . 1987 - June 30
1989^)
List (Phase 1 ) of Hazardous Constituents for
Ground-water Monitoring
Identification and Listing of Hazardous
Waste
(Spent Pickle Liquor from Steel Finishing
HSWA or FR
Reference
51 FR 29430
51 FR33612
52 FR 8072
52 FR 8704
52 FR 21 306
52 FR 23447
. 1988: Due Date
52 FR 25942
52 FR26012
52 FR 28697
Promulga-
tion or
HSWA Date
8/15/86
9/22/86
3/16/87
3/19/87
6/5/87
6/22/87
- Julv 1 .
7/9/87
7/10/87
8/T87
(38)
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
HI)]
52 FR 33936 9/9/87
Continued . . .
UST13 - 8/1 1/92 [FT 1V2/93I
-------
OSWER DIRECTIVE NO. 9541.00-19
TABLE G-1. LIST OF REVISION CHECKLISTS BY CLUSTER (cont'd)
Through June 30, 1992
StATS Revision Promulga-
Rule Checklist HSWA or FR tion or
Code Number Federal Requirement Reference HSWA Date
43
45
24.1
46
45
(24)
46
49
51
149
51
Non-HSWA Cluster IV (cont'd)
Liability Requirements for Hazardous Waste 52 FR 44314
Facilities; Corporate Guarantee (See Revision
Checklist 27 in Non-HSWA Cluster 111)
52 FR 46946
53 FR 7740
53 FR 13382
11/18/87
12/10/87
3/10/88
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
ID]
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^)
4/22/8!
Identification and Listing of Hazardous
Waste; Treatability Studies Sample
Exemption
Standards Applicable to Owners and
Operators of Hazardous Waste Treatment,
Storace, 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
53 FR 33938
7/19/88
9/1/88
Continued . . .
UST13 - 8/1 1/92 IPr: 11/2/931
-------
OSWER DIRECTIVE NO. 9641.00-19
TABLE G-1. LIST OF REVISION CHECKLISTS BY CLUSTER (cont'd)
Through June 30, 1992
StATS Revision
Rule Checklist HSWA or PR
Code Number Federal Requirement Reference
SPA 13
Promulga-
tion or
HSWA Date
52N
52
53
54
55
54.1
56
57
58
59
60
53
t54
55
(54)
T56
T57
T58
59
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
8
53 FR 34079
9/2/88
53 FR35412
53 FR 37912
53 FR 39720
53 FR 41649
53 FR 43878
53 FR 43881
53 FR 45089
54FR615
54 FR 4286
9/13/88
9/28/88
10/11/88
10/24/88
10/31/88
10/31/88
11/8/88
1/9/89
1/30/89
Continued . . .
LIST 13 - 8/11/92 (Pr: 11/2/93)
-------
OSWER DIRECTIVE NO. 9641.00-19
TABLE G-1. LIST OF REVISION CHECKLISTS BY CLUSTER (cont'd)
Through June 30, 1992
StATS Revision
Rule Checklist HSWA or FR
Code Number Federal Requirement Reference
Promulga-
tion or
HSWA Date
61
64
65
67
70S'
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 54 FR 33376
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 Stata 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 36592
54 FR 40260
48 FR 14146
48 FR30113
8/14/89
9/1/89
9/29/89
4/1/83
6/30/83
UST13 - 8/1 1/92 IPr: 11/2/931
-------
OSWER DIRECTIVE NO. 9541.00-19
TABLE G-1. LIST OF REVISION CHECKLISTS BY CLUSTER (cont'd)
Through June 30, 1992
StATS Revision
Rule Checklist HSWA or PR
Code Number Federal Requirement Reference
SPA 13
Promulga-
tion or
HSWA Date
(70)
24A
71
72
73
76
78N
(70)
(70)
242/
(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
54 FR 246
55 FR 25976
55 FR 2322
55 FR 5340
55 FR 8948
55 FR 18726
55 FR 22520
9/26/88
1/4/89
6/26/90
1/23/90
2/14/90
3/9/90
5/4/90
6/1/90
10
Continued . . .
UST13 - 8/1 1/92 |Pr 11/2/931
-------
OSWER DIRECTIVE NO. 9641.00-19
TABLE G-1. LIST OF REVISION CHECKLISTS BY CLUSTER (cont'd)
Through June 30, 1992
StATS Revision
Rule Checklist HSWA or PR
Code Number Federal Requirement Reference
SPAU3
Promulga-
tion or
HSWA Date
HSWA Cluster I (November 8. 1984 - June 30. 1987: Due Date - July 1.
1989*)
SR1
SR2
BB
CP
Existing and newly regulated
surface impoundments
t Variance under §3005(j)(2)-(9)
and (13)
t Exceptions to the Burning and Blending of
Hazardous Waste
t Hazardous and Used Oil Fuel Criminal
Penalties
HSWA Date of Enactment Provisions (See
Revision Checklists 17 A - S in HSWA
Cluster I)
HSWA
§3005(j)(1)&(6)
HSWA
§3005(j)(2)-(9)
HSWA
S3004(q)(2)(A)
§3004(r)(2)&(3)
HSWA
§3006(h)
§3008(d)
§3014
Numerous
11/8/8
NOT DELEGABLE2'
14
14
16
16
Direct Action Against Insurers
Dioxin Waste Listing and Management
Standards
Fuel Labeling (See Revision Checklist 17 K in
HSWA Cluster I)
Paint Filter Test (See Revision Checklist 25
in HSWA Cluster I)
Prohibition of Liquids in Landfills (See
Revision Checklist 17 F in HSWA Cluster I)
HSWA
§3004(t)
50 FR 1978
1/14/85
HSWA §3004
50 FR 18370
HSWA
§3004(c)
11/8/84
2/7/85
4/30/85
5/8/85
11
ContinuedT. .
UST1 3 -8/11/92 IPr 11/2/931
-------
OSWER DIRECTIVE NO. 9541.00-19
TABLE G-1. LIST OF REVISION CHECKLISTS BY CLUSTER (cont'd)
Through June 30, 1992
StATS Revision
Rule Checklist HSWA or PR
Code Number _; Federal Requirement Reference'
SPA 13
Promulga-
tion or
HSWA Date
SI
17A
17B
17C
17D
17E
17F
17G
17H
171
17J
17K
17L
17M
17N
170
17P
HSWA Cluster I (cont'd)
Expansions During Interim Status - Waste
Piles (See Revision Checklist 17 P in HSWA
Cluster I)
Expansions During Interim Status - Landfills
and Surface Impoundments (See Revision
Checklist 17 P in HSWA Cluster I)
Sharing of Information With the Agency for
Toxic Substances and Disease Registry
17 HSWA Codification Rule (See Revision
Checklist 44 in HSWA Cluster II)
17 A - Small Quantity Generators
(Superseded by 51 PR 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 PR
49164, see Revision Checklist 19 in
HSWA Cluster I)
17 L - Corrective Action
17 M - Pre-construction Ban
17 N- Permit Life
17 O - Omnibus Provision
17 P - Interim Status
HSWA
§3015(a)
HSWA
§3015(b)
HSWA
§3019(b)
50 PR 28702
5/8/85
5/8/85
7/15/85
7/15/85
12
Continued . . .
UST1 3 -8/11/92 IPr 11/2/931
-------
OSWER DIRECTIVE NO. 9541.00-19
TABLE G-1. LIST OF REVISION CHECKLISTS BY CLUSTER (cont'd)
Through June 30, 1992
SPA-13
StATS
Rule
Code
17Q
17R
17S
18
19
20
20.1
Revision
Checklist
Number
t
18
19
20
(20)
HSWA or FR
Federal Reauirement Reference
HSWA Cluster I (cont'd)
1 7 Q - Research and Development Permits
1 7 R - Hazardous Waste Exports
(Superseded by 51 FR 28644, see
Revision Checklist 31 in HSWA
Cluster I)
1 7 S - Exposure Information
Listing of TDI, TDA, DNT 50 FR 42936
Burning of Waste Fuel and Used Oil Fuel in 50 FR 49164
Boilers and Industrial Furnaces
Listing of Spent Solvents 50 FR 5331 5
[Listing of Spent Solvents; Correction
Promulga-
tion or
HSWA Date
10/23/85
11/29/85
12/31/85
21
21
(Included on Revision Checklist 20)]51 FR
27021/21/86
Listing of EDB Waste
51 FR 5327
2/13/86
22
23
25
28H
22
23
25
28
Listing of Four Spent Solvents
51 FR 6537
Generators of 100 to 1000 kg Hazardous 51 FR 10146
Waste (See Revision Checklists 42 and 47 in
HSWA Cluster II)
Codification Rule; Technical Correction (Paint 51 FR 19176
Filter Test)
Standards for Hazardous Waste Storage ?id 51 FR 25422
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)
2/25/86
3/24/86
5/28/86
7/14/86
30
30
Biennial Report; Correction
51 FR 28556
8/8/86
13
UST13 - 8/1 1/92 IPr: It/2/931
-------
OSWER DIRECTIVE NO. 9641.00-19
TABLE G-1. LIST OF REVISION CHECKLISTS BY CLUSTER (cont'd)
Through June 30, 1992
StATS Revision
Rule Checklist HSWA or PR
Code Number Federal Requirement Reference
SPA 13
Promulga-
tion or
HSWA Date
31
28H.1
32
33
34
19.1
34.1
17B.1
39
31
(28)
32
33
34
(19)
(34)
t(17B)
39
HSWA Cluster I (cont'd)
Exports of Hazardous Waste (See Revision
Checklist 48 in HSWA Cluster II)
51 FR 28664
[Standards for Hazardous Waste Storage and 51 FR 29430
Tank Systems; Corrections (See Revision
Checklist 28 in HSWA Cluster I)]
51 FR35190
51 FR 37725
51 FR 40572
Standards for Generators; Waste
Minimization Certifications
Listing of EBDC
Land Disposal Restrictions (Certain sections
superseded by 52 FR 25760 and 53 FR
31138, see Revision Checklists 39 & 50 in
HSWA Cluster II, and SPAs 4 & 6)
[Burning of Waste Fuel and Used Oil Fuel in 52 FR 11819
Boilers and Industrial Furnaces; Technical
Corrections (Included on Revision Checklist
19 in HSWA Cluster I)]
52 FR 21010
54 FR 27114
8/8/86
8/15/86
10/1/86
10/24/86
11/7/86
4/13/87
6/4/87
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. 19912)
California List Waste Restrictions (See
Revision Checklist 34 and SPA 4; certain
sections superseded by 53 FR 31138, see
Revision Checklist 50, in HSWA Cluster II,
and SPA 6)
52 FR 25760
7/8/87
14
Continued . . .
UST13 - 8/1 1/92 |Pr 1V2/83I
-------
OSWER DIRECTIVE NO. 9541.00-19
TABLE G-1. LIST OF REVISION CHECKLISTS BY CLUSTER (cont'd)
Through June 30, 1992
StATS Revision
Rule Checklist HSWA or PR
Code Number Federal Requirement Reference
SPAJ3
Promulga-
tion or
HSWA Date
42
39.1
44A
44B
44C
44D
44E
44F
44G
47
48
50
42
(39)
44
47
48
50
HSWA Cluster II (cont'd)
Exception Reporting for Small Quantity
Generators of Hazardous Waste (See
Checklist 23 in HSWA Cluster I)
Test Methods for Hazardous Waste covered
by the Land Disposal Restrictions (Included
on Revision Checklist 39 in HSWA Cluster II)
HSWA Codification Rule 2 (See Revision
Checklist 17 in HSWA Cluster I)
44 A - Permit Application Requirements
Regarding Corrective Action
44 B - Corrective Action Beyond Facility
Boundary
44 C - Corrective Action for Injection Wells
44 D - Permit Modification
44 E - Permit as a Shield Provision
44 F - Permit Conditions to Protect Human
Health and the Environment
44 G - Post-Closure Permits
Identification and Listing of Hazardous
Waste; Technical Correction (Corrects
Revision Checklist 23 in HSWA Cluster I)
Farmer Exemptions; Technical Corrections
(Corrects Revision Checklist 31 in HSWA
Cluster I)
Land Disposal Restrictions for First Third
Scheduled Wastes (See Revision Checklist
62 in HSWA Cluster II)
52 FR 35894
52 FR 41295
52 FR 45788
53 FR 27162
53 FR27164
53 FR31138
9/23/87
10/27/87
12/1/87
7/19/88
7/19/88
8/17/88
15
Continued .
UST13 - 8/1 1/92 |Pr. 11/2/93!
-------
OSWER DIRECTIVE NO. 9541.00-19
TABLE G-1. LIST OF REVISION CHECKLISTS BY CLUSTER (cont'd)
Through June 30, 1992
StATS Revision
Rule Checklist HSWA or FR
Code Number Federal Requirement Reference
SPA 13
Promulga-
tion or
HSWA Date
52H
52
0.1
62
63
66
68
69
74
75
(50)
62
63
66
68
69
74
75
77
77
HSWA Cluster II (cont'd)
Hazardous Waste Management System;
Standards for Hazardous Waste Storage and
Treatment Tank Systems (Supersedes
certain portions of Revision Checklist 28 in
HSWA Cluster I; also see Revision Checklist
52 in Non-HSWA Cluster V)
[Land Disposal Restrictions (Included on
Revision Checklist 50 in HSWA Cluster II)]
Land Disposal Restriction Amendments to
First Third Scheduled Wastes (amends
portions of Revision Checklist 50 in HSWA
Cluster II)
Land Disposal Restrictions for Second Third
Scheduled Wastes
Land Disposal Restrictions; Correction to the
First Third Scheduled Wastes
Reportable Quantity Adjustment Methyl
Bromide Production Wastes
Reportable Quantity Adjustment
Toxicity Characteristic Revisions
Listing of 1,1-Dimethylhydrazine
Production Wastes
HSWA Codification Rule; Double Liners;
Correction
53 FR 34079
54 FR 8264
54 FR 18836
54 FR 26594
54 FR 36967
54 FR 41402
54 FR 50968
55 FR 11798
55 FR 18496
55 FR 19262
9/2/88
2/27/89
5/2/89
6/23/89
9/6/89
10/6/89
12/11/89
3/29/90
5/2/90
5/9/90
16
Continued . . .
UST1 3 -8/11/92 |Pr:11/2«3|
-------
OSWER DIRECTIVE NO. 9541.00-19
TABLE G-1. LIST OF REVISION CHECKLISTS BY CLUSTER (cont'd)
Through June 30, 1992
StATS Revision
Rule Checklist HSWA or PR
Code Number Federal Requirement Reference
Promulga-
tion or
HSWA Date
78H
66.1
79
74.1
80
81
82
81.1
83
78S/
(66)
79
(74)
t80
81
82
(81)
83
HSWA Cluster II (cont'd)
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;
Correction (Included on Revision Checklist
74 in HSWA Cluster II)]
55 FR 22520 6/1/90
55 FR 23935 6/13/90
55 FR 25454 6/21/90
55 FR 26986 6/29/90
RCRA Cluster I (July 1. 1990 - June 30. 1991: Due Date - July 1 1992^)
Toxicity Characteristic; Hydrocarbon
Recovery Operations (HSWA)
Petroleum Refinery Primary and Secondary
Oil/Water/Solids Separation Sludge Listings
(F037 and F038) (See Revision Checklist 81)
(HSWA)
Wood Preserving Listings (HSWA/Non-
HSWA)
[Petroleum Refinery Primary and Secondary
Oil/Water/Solids Separation Sludge Listings;
Correction (Included on Revision Checklist
81, RCRA Cluster I)]
Land Disposal Restrictions for Third
Third Scheduled Wastes; Technical
Amendment (HSWA)
55 FR 40834 10/5/90
55 FR 46354 11/2/90
55 FR 50450 12/6/90
55 FR 51707 12/17/90
56 FR 3864 01/31/91
17
Continued . . .
UST13 - 8/1 1/92 IP-: 11/2/931
-------
OSWER DIRECTIVE NO. 9541.00-19
TABLE G-1. LIST OF REVISION CHECKLISTS BY CLUSTER (cont'd)
Through June 30, 1992
StATS Revision
Rule Checklist HSWA or PR
Code Number Federal Requirement Reference
SPA 13
Promulga-
tion or
HSWA Date
80.1
84
85
86
80.2
87
88
89
90
91
(80)
T84
85
86*'
(80)
87
t88
t89
90
t91
RCRA Cluster I (cont'd)
[Toxicity Characteristic; Hydrocarbon
Recovery Operations (Included on Revision
Checklist 80 in RCRA Cluster I)]
Toxicity Characteristic; Chlorofluoro-
carbon Refrigerants (HSWA)
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)
Mining Exclusion III (Non-HSWA)
Administrative Stay for F032, F034, and
F035 Listings (HSWA/Non-HSWA)
56 FR 3978
56 FR5910
56 FR7134
56 FR 7567
56 FR 13406
56 FR 19290
56 FR 19951
56 FR21955
56 FR 27300
56 FR 27332
02/01/91
02/13/91
02/21/91
02/25/91
04/02/91
04/26/91
05/01/91
05/13/91
06/13/91
06/13/91
RCRA Cluster II (July 1. 1991 - June 30. 1992: Due Date - July 1. 1993^)
92
92
Wood Preserving Listings; Technical
Corrections (HSWA/Non-HSWA)
56 FR30192
07/01/91
18
Continued . . .
UST1 3 -8/11/92 IPr: 11/2/831
-------
OSWER DIRECTIVE NO. 9641.00-1 9
TABLE G-1. LIST OF REVISION CHECKLISTS BY CLUSTER (cont'd)
Through June 30, 1992
StATS Revision
Rule Checklist HSWA or PR
Code Number Federal Requirement Reference
SPAJ3
Promulga-
tion or
HSWA Date
93
93
94
95
96
97
98
99
100
101
102
94
95
96
97
198
T99
100
T101
102
RCRA Cluster II (cont'd)
Liability Requirements; Technical
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)
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)
Liners and Leak Detection Systems for
Hazardous Waste Land Disposal Units
(HSWA/Non-HSWA)
Administrative Stay for the Requirement that
Existing Drip Pads be Impermeable
(HSWA/Non-HSWA)
Second Correction to the Third Third Land
Disposal Restrictions (HSWA)
56 FR 30200
07/01/91
56 FR 32688 07/17/91
56 FR41164
56 FR 42504
56 FR 43704
56 FR 43874
56 FR 66365
57 FR 3462
57 FR 5859
57 FR 8086
08/19/91
08/271
09/04/91
09/05/91
12/23/91
01/29/92
02/18/92
03/06/92
19
UST13 - 8/1 1/92 Iff: 11/2/931
-------
OSWER DIRECTIVE NO. 9541.00-19
TABLE G-1. LIST OF REVISION CHECKLISTS BY CLUSTER (cont'd)
Through June 30, 1992
StATS Revision
Rule Checklist HSWA or PR
Code Number Federal Requirement Reference
SPA 13
Promulga-
tion or
HSWA Date
103
104
105
106
103
t104
T105
106
RCRA Cluster II (cont'd)
Hazardous Debris Case-by-Case Capacity
Variance (HSWA)
57 FR 20766 05/15/92
Used Oil Filter Exclusion (HSWA) 57 FR 21524 05/20/92
Recycled Coke By-Product Exclusion (HSWA) 57 FR 27880 06/22/92
Lead-Bearing Hazardous Materials Case-by- 57 FR 28628 06/26/92
Case Capacity Variance (HSWA)
t Optional.
1 StATS is the State Authorization Tracking System which tracks States' progress in becoming
authorized for each checklist. This column was added to help the Regions and States relate data entered
in that system with the information included in this table. The "rule code" is the symbol used in StATS to
represent a particular rule or non-checklist item, e.g., State Availability of Information or Radioactive Mixed
Waste.
2States have an additional year if statutory changes are required.
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.
5The May 2, 1986 amendments to 40 CFR 264.113 and 265.113, addressed by Revision Checklist
24, must be adopted before or simultaneous with adopting the provisions addressed by Revision Checklist
64. Also see Footnote 7.
6Note that, unlike other checklists which address more than one final rule, Revision Checklist 70 is not
presented by each of these rules individually in StATS. Instead, it is represented only once as Revision
Checklist 70. This checklist is different from other checklists because it represents an accumulation of
small changes to Part 124, relating to the RCRA program, which were missed because they were often
presented as relating to other permit programs. Effectively, this checklist is a "catch-up" checklist, with
20
Continued . . .
UST1 3 -8/11/92 |Pr: 11/2/931
-------
OSWER DIRECTIVE NO. 9541.00-19
SPAJI3
TABLE G-1. LIST OF REVISION CHECKLISTS BY CLUSTER (cont'd)
Through June 30, 1992
StATS Revision Promulga-
Rule Checklist HSWA or FR tion or
Code Number _ Federal Requirement Reference HSWA Date
the many rules it represents spanning a six-year period from 1983 to 1989. To simplify an already
complicated and confusing matter, it was decided to only represent this checklist as one entry, rather than
five separate entries.
70nly those sections, i.e., 40 CFR 264.1 13 and 265.1 13, 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 264.1 13 and 265.1 13 amendments as part of their authorization for Revision
Checklist 24 in Non-HSWA Cluster II, are not affected by this correction and do not have to submit an
amended Revision Checklist 24.
8Revision Checklist 78 is in HSWA Cluster II, with the exception of the clarifying amendment to
§268.33(c) which is in Non-HSWA Cluster VI. This clarification is not immediately effective in authorized
States since the requirements are not imposed pursuant to HSWA. Thus, these requirements are
applicable only in those States that do not have interim or final authorization. In authorized States, the
requirements will not be applicable until the State revises its program to adopt equivalent requirements
under State law.
9The rule addressed by this checklist is a technical amendment to the final rule (53 FR 43881 ;
31 , 1 988; Revision Checklist 57)) that removed strontium sulfide from 40 CFR 261 .33, the list of
commercial chemical products which are hazardous wastes when discarded or intended to be discarded.
States which intend to remove strontium sulfide from their hazardous wastes lists, but have not yet
adopted the changes made by Revision Checklist 57 are strongly encouraged to adopt the changes
addressed by Revision Checklists 57 and 86 at the same time. Those States that have already adopted
the Revision Checklist 57 provisions should adopt that Revision Checklist 86 amendments as soon as
possible. States should note that Revision Checklist 86 is a conditionally optional checklist. States
choosing not to adopt the removal of strontium sulfide (i.e. Revision Checklist 57) should not adopt the
Revision Checklist 86 provisions. However, States which choose to remove strontium sulfide must adopt
the provisions addressed by Revision checklist 86 to be sure that the material has been properly removed
from the State's lists and appendices.
10Direct Action against insurers in RCRA §3004(t) is not delegable to the States. EPA realizes that six
States are currently "authorized" for this provision. Several States have included this provision in their
pending HSWA I revision applications. The Regions should review these provisions and clarify with their
States that, by virtue of the statute, the Federal cause of action ensured by RCRA §3004(t) remains in
effect in authorized States. This provision is not delegable because authorized provisions of State law
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.
21 UST13 - 8/1 1/92 IPr: 11/2/931
-------
OSWER DIRECTIVE NO. 9541.00-19
SPA 13
Revision
Checklist
Number
TABLE G-2. NUMERICAL LISTING OF REVISION CHECKLISTS
AND CORRESPONDING CLUSTER
Through June 30, 1992
Federal Requirement
Cluster
Non-HSWA Cluster I
Non-HSWA Cluster III
HSWA Cluster I
HSWA Cluster I
State Availability of Information (See
Appendix N)
Radioactive Mixed Waste (See SPA 2
and Appendix N)
NOT DELE- Direct Action Against Insurers
GABLEl'
Surface Impoundment Requirements:
a. Existing and newly regulated
surface impoundments
t b. Variance under S3005(j)(2)-(9)
and (13)
Sharing of Information With the Agency HSWA Cluster
for Toxic Substances and Disease
Registry
t Exceptions to the Burning and Blending HSWA Cluster
of Hazardous Waste
t Hazardous and Used Oil Fuel Criminal
Penalties
Biennial Report
Permit Rules - Settlement Agreement
HSWA Cluster
Non-HSWA Requirements Prior to
Non-HSWA Cluster I
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
22
Continued . . .
UST13-8/11/92 IPr: 11/2/931
-------
OSWER DIRECTIVE NO. 9541.00-19
Revision
Checklist
Number
TABLE G-2. NUMERICAL LISTING OF REVISION CHECKLISTS
AND CORRESPONDING CLUSTER (cont'd)
Through June 30, 1992
Federal Requirement
Cluster
SPAJ3
t6
t7
t8
t9
10
11
t12
13
14
15
"16
17
Permit Rules: Settlement Agreement
Warfarin & Zinc Phosphide Listing
Lime Stabilized Pickle Liquor Sludge
Non-HSWA Requirements Prior to
Non-HSWA Cluster I
Non-HSWA Requirements Prior to
Non-HSWA Cluster I
Non-HSWA Requirements Prior to
Non-HSWA Cluster I
Non-HSWA Cluster I
Household Waste
Interim Status Standards - Applicability Non-HSWA Cluster
Corrections to Test Methods Manual Non-HSWA Cluster
Satellite Accumulation
Definition of Solid Waste
Dioxin Waste Listing and Management
Standards
Non-HSWA Cluster I
Non-HSWA Cluster I
HSWA Cluster I
Interim Status Standards for Treatment, Non-HSWA Cluster I
Storage, and Disposal Facilities
Paint Filter Test
HSWA Codification Rule
HSWA Cluster I
HSWA Cluster I
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
23
Continueo^ .
UST13 - 8/11/92 (Pr: 11/2/93)
-------
OSWER DIRECTIVE NO. 9541.00-19
SPA 13
Revision
Checklist
Number
18
19
20
21
22
23
242/
25
T26
T272'
28
29
TABLE G-2. NUMERICAL LISTING OF REVISION CHECKLISTS
AND CORRESPONDING CLUSTER (cont'd)
Through June 30, 1992
Federal Requirement
Cluster
17 K- Fuel Labeling
17 L - Corrective Action
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, TDA, DNT
Burning of Waste Fuel and Used Oil
Fuel in Boilers and Industrial Furnaces
Listing of Spent Solvents
Listing of EDB Waste
Listing of Four Spent Solvents
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
HSWA Cluster I
HSWA Cluster I
HSWA Cluster I
HSWA Cluster I
HSWA Cluster I
HSWA Cluster I
Non-HSWA Cluster II and Non-HSWA
Cluster VI
HSWA Cluster I
Non-HSWA Cluster II
Non-HSWA Cluster III
Non-HSWA Cluster III and HSWA
Cluster I
Non-HSWA Cluster III
24
Continued . . .
UST13 - 8/11/92 (Pr: 11/2/93)
-------
OSWER DIRECTIVE NO. 9541.00-19
TABLE G-2. NUMERICAL LISTING OF REVISION CHECKLISTS
AND CORRESPONDING CLUSTER (cont'd)
Through June 30, 1992
SPAJ3
Revision
Checklist
Number
30
31
32
33
34
35
36
37
38
39
40
41
42
Federal Requirement
Biennial Report; Correction
Exports of Hazardous Waste
Standards for Generators - Waste
Minimization Certifications
Listing of EBDC
Land Disposal Restrictions
Revised Manual SW-846; Amended
Incorporation by Reference
Closure/Post-Closure Care for Interim
Status Surface Impoundments
Definition of Solid Waste; Technical
Corrections
Amendments to Part B Information
Requirements for Land Disposal
Facilities
California List Waste Restrictions
List (Phase 1) of Hazardous
Constituents for Ground-Water
Monitoring
Identification and Listing of
Hazardous Waste
Exception Reporting for Small
Quantity Generators of Hazardous
Waste
Liability Requirements for Hazardous
Waste Facilities; Corporate Guarantee
Cluster
HSWA Cluster I
HSWA Cluster I
HSWA Cluster I
HSWA Cluster I
HSWA Cluster I
Non-HSWA Cluster III
Non-HSWA Cluster III
Non-HSWA Cluster III
Non-HSWA Cluster III
HSWA Cluster II
Non-HSWA Cluster IV
Non-HSWA Cluster IV
HSWA Cluster II
Non-HSWA Cluster IV
25
Continueo^. .
UST13 - 8/1 1/92 IPr 11/2/93)
-------
OSWER DIRECTIVE NO. 9541.00-19
SPA 13
Revision
Checklist
Number
44
45
46
47
48
T49
50
113
(51)
TABLE G-2. NUMERICAL LISTING OF REVISION CHECKLISTS
AND CORRESPONDING CLUSTER (cont'd)
Through June 30, 1992
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 II
Non-HSWA Cluster IV
Non-HSWA Cluster IV
HSWA Cluster II
HSWA Cluster II
Non-HSWA Cluster V
HSWA Cluster II
RCRA Cluster III
26
Continued . . .
UST13 - 8/1 1/92 |Pr: 11/2/931
-------
OSWER DIRECTIVE NO. 9541.00-1 9
Revision
Checklist
Number
52
53
t54
55
t56
t57
t58
59
60
TABLE G-2. NUMERICAL LISTING OF REVISION CHECKLISTS
AND CORRESPONDING CLUSTER (cont'd)
Through June 30, 1992
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
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
27
Continued . . .
UST13 -8/11/92 |Pr: 11/2/931
-------
OSWER DIRECTIVE NO. 9541.00-19
Revision
Checklist
Number
t61
62
63
65
66
67
68
69
70
71
t72
73
74
TABLE G-2. NUMERICAL LISTING OF REVISION CHECKLISTS
AND CORRESPONDING CLUSTER (cont'd)
Through June 30, 1992
SPA 13
Federal Requirement
Changes to Interim Status Facilities
for Hazardous Waste Management
Permits; Modifications of Hazardous
Waste Management Permits;
Procedures for Post-Closure
Permitting
Land Disposal Restriction
Amendments to First Third Scheduled
Wastes
Land Disposal Restrictions for
Second Third Scheduled Wastes
Delay of Closure Period for
Hazardous Waste Management
Facilities
Mining Waste Exclusion I
Land Disposal Restrictions;
Correction to First Third Scheduled
Wastes
Testing and Monitoring Activities
Reportable Quantity Adjustment
Methyl Bromide Production Wastes
Reportable Quantity Adjustment
Changes to Part 124 Not Accounted
for by Present Checklists
Mining Waste Exclusion II
Modification of F019 Listing
Testing and Monitoring Activities;
Technical Corrections
Toxicity Characteristics Revision
28
Cluster
Non-HSWA Cluster V
HSWA Cluster II
HSWA Cluster II
Non-HSWA Cluster VI
Non-HSWA Cluster VI
HSWA Cluster II
Non-HSWA Cluster VI
HSWA Cluster II
HSWA Cluster II
Non-HSWA VI
Non-HSWA Cluster VI
Non-HSWA Cluster VI
Non-HSWA Cluster VI
HSWA Cluster II
Continued . . .
UST1 3 -8/11/92 |te 11/2/93)
-------
OSWER DIRECTIVE NO. 9541.00-19
Revision
Checklist
Number
75
T76
77
79
T80
81
82
83
T84
85
86^
TABLE G-2. NUMERICAL LISTING OF REVISION CHECKLISTS
AND CORRESPONDING CLUSTER (cont'd)
Through June 30, 1992
Federal Requirement
Listing of 1,1 -Dimethylhydrazine
Production Wastes
Criteria for Listing Toxic
Wastes; Technical Amendment
HSWA Codification Rule, Double
Liners; Correction
Land Disposal Restrictions for
Third Third Scheduled Wastes
Hazardous Waste Treatment,
Storage, and Disposal Facilities-
Organic Air Emission Standards For
Process Vents and Equipment Leaks
Toxicity Characteristic; Hydrocarbon
Recovery Operations
Petroleum Refinery Primary and
Secondary Oil/Water/Solids
Separation Sludge Listings (F037 and
F038)
Wood Preserving Listings
Land Disposal Restrictions for Third
Third Scheduled Wastes; Technical
Amendment
Toxicity Characteristic; Chlorofluoro-
carbon Refrigerants
Burning of Hazardous Waste in
Boilers and Industrial Furnaces
Removal of Strontium Sulfide From
the List of Hazardous Waste;
Technical Amendment
Cluster
HSWA Cluster
Non-HSWA Cluster VI
HSWA Cluster II
Non-HSWA Cluster VI and
HWSA CLuster II
HSWA Cluster II
RCRA I, HSWA
RCRA I, HSWA
RCRA I, HSWA/Non-HSWA
RCRA I, HSWA
RCRA I, HSWA
RCRA I, HSWA/Non-HSWA
RCRA I, Non-HSWA
29
Continued . . .
UST1 3 -8/11/92 |Pr.1V2/S3|
-------
OSWER DIRECTIVE NO. 9541.00-19
SPA 13
Revision
Checklist
Number
87
t88
t89
90
91
92
93
94
95
96
97
T98
t99
TABLE G-2. NUMERICAL LISTING OF REVISION CHECKLISTS
AND CORRESPONDING CLUSTER (cont'd)
Through June 30, 1992
Federal Requirement
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
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
RCRA I, Non-HSWA
RCRA I. HSWA
RCRA I, Non-HSWA
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
30
Continued . . .
UST13-8/11/92 IPr: 11/2/931
-------
OSWER DIRECTIVE NO. 9541.00-19
Revision
Checklist
Number
100
t101
102
103
T104
t105
106
TABLE G-2. NUMERICAL LISTING OF REVISION CHECKLISTS
AND CORRESPONDING CLUSTER (cont'd)
Through June 30, 1992
SPAJ3
Federal Requirement
Liners and Leak Detection Systems
for Hazardous Waste Land Disposal
Units
Administrative Stay for the
Requirement That Existing Drip Pads
be Impermeable
Second Correction to the Third Third
Land Disposal Restrictions
Hazardous Debris Case-by-Case
Capacity Variance
Used Oil Filter Exclusion
Recycled Coke By-Product Exclusion
Lead-Bearing Hazardous Materials
Case-by-Case Capacity Variance
Cluster
RCRA II, HSWA/Non-HSWA
RCRA II, HSWA/Non-HSWA
RCRA II, HSWA
RCRA II, HSWA
RCRA II, HSWA
RCRA II, HSWA
RCRA II, HSWA
t Optional.
1 Direct Action against insurers in RCRA §3004(t) is not delegable to the States. EPA realizes that
six States are currently "authorized" for this provision. Several States have included this provision in their
pending HSWA I revision applications. The Regions should review these provisions and clarify with their
States that, by virtue of the statute, the Federal cause of action ensured by RCRA §3004(t) remains in
effect in authorized States. This provision is not delegable because authorized provisions of State law
must operate in lieu of the Federal counterpart and, in this situation, State law providing for a direct cause
of action against insurers may augment the Federal Action, but not supersede it.
2Only those sections, i.e., 40 CFR 264.113 and 265.113, of Revision Checklist 24 {Amended)
recharacterized as more stringent by the June 26, 1990 correction are included in Non-HSWA Cluster VI.
All other Revision Checklist 24 provisions continue to be included in Non-HSWA Cluster II. 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.
31
UST13 - 8/1 1/92 |Pr 11/2/931
-------
OSWER DIRECTIVE NO. 9641.00-1 9
SPA 13
TABLE G-2. NUMERICAL LISTING OF REVISION CHECKLISTS
AND CORRESPONDING CLUSTER (cont'd)
Through June 30, 1992
Revision
Checklist
Number Federal Requirement Cluster
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.
32 UST13-8/11 /92 |l>r: 11/2/931
-------
OSWER DIRECTIVE NO. 9641.00-19
Checklist Linkage Table
The following pages (numbered 3 through 8)
should replace pages 3 through 7 of
SAM Appendix H
-------
OSWER DIRECTIVE NO. 9541.00-19
SPA 13
Revision Checklist Linkage Table
as of June 30, 1992
Revision Linked
Checklist Number Checklists Topic or Explanation
1 17 D, 30 Biennial Report
2 — Permit - Settlement Agreement1
3 10 Interim Status - Applicability
4 — Chlorinated Aliphatic Hydrocarbon Listing
5 17 0,32,58 National Uniform Manifest Requirements
6 — Permit - Settlement Agreement1
7 — Warfarin & Zinc Phosphate Listing
8 13 Lime Stabilized Pickle Liquor Sludge
9 17 C Household Waste Exclusion
10 3 Interim Status - Applicability
11 35,67,73 Corrections to Test Methods Manual
T2 — Satellite Accumulation
13 8,37 Definition of Solid Waste
14 — Dioxin Waste Listing and Management
Standards
15 — Landfill Interim Status
16 25 Paint Filter Test
17 A2 23,42,47 Small Quantity Generators
17 B — Delisting
17 C 9 Household Waste Exclusion
17 D 1,5,30,32,58 Biennial Report/National Uniform Manifest
17 E — Salt Domes, Salt Beds, Underground Mines
and Caves Standards
17 F — Liquids in Landfills
17 G — Dust Suppression
17 H 77.100 Double Liners
171 — Ground-Water Monitoring
17 J — Cement Kilns
17K3 19 Fuel Labeling
17 L — Corrective Action
17 M — Pre-construction Ban
Continued...
LINK 13 - 8/1 1/92 |Prnt«l: 3/28/94I
-------
OSWER DIRECTIVE NO. 9641.00-1 9
Revision Checklist Linkage Table (cont'd)
SPA 13
Revision
Checklist Number
*
*
*
*
*
*
17 N
17 O
17 P
17 Q
17 R4
17 S
18
196
20
21
22
23
24
25
26
27
28'
297
30
Linked
Checklists
—
—
—
31,48,97
—
—
85,104
22
—
20
1 7 A;42,47
64
16
—
43
52
46
1,17 D
Topic or Explanation
Permit Life
Omnibus Provision
Interim Status
Research and Development Permits
Hazardous Waste Exports
Exposure Information
TDI, TDA, & DNT Listing
Waste Fuel/Used Oil Fuel
Spent Solvents Listing
EDB Waste Listing
Four Spent Solvents Listing
Small Quantity Generators
Financial Responsibility - Settlement
Agreement
Paint Filter Test
Spent Pickle Liquor Listing
Corporate Guarantee
Hazardous Waste Tank Systems
Listings - 261 .33(e)&(f) and Associated
Appendices
Biennial Report
31
32
33
34
35
36
37
38
39
17 R.48,97
5,17 D,58
39,50,63,78
11,67,73
13
34,50,63,78
Exports of Hazardous Waste
National Uniform Hazardous Waste Manifest
EDBC Listing
Solvents & Dioxins Land Disposal
Restrictions
Corrections - Test Methods Manual
Surface Impoundments: Closure/Post
Closure Care
Definition of Solid Waste
Part B Information Requirements
Amendment
California List Waste Land Disposal
Restrictions
Continued...
LJNK1 3-8/11192 |P*«t.d: 3/28/941
-------
OSWER DIRECTIVE NO. 9541.00-19
Revision Checklist Linkage Table (cont'd) SPA 13
Revision
Checklist Number
40
41
42
43
44 A
44B
44C
44 D
44E
44F
44G
45
» 46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
Linked
Checklists
—
17 A,23,47
27
—
—
...
54
—
...
—
59
29
17 A.23,42
17 R,31,97
—
34,39,62,63,66,78,95
93
28
—
44 D
__
—
86
5,17 D.32
45
—
Topic or Explanation .
List of Hazardous Constituents for Ground-
Water Monitoring
Container/Liner Residues
Small Quantity Generators
Corporate Guarantee
Permits/Corrective Action
Corrective Action Beyond Facility Boundary
Corrective Action for Injection Wells
Permit Modification
Permit as a Shield Provision
Permit Conditions/Health-Environment
Post-Closure Permits, Scope of Requirement
Miscellaneous Units
Listings 261.33(e),(f) and Associated
Appendices
Small Quantity Generators
Hazardous Waste Exports
Sample Exemption
Third Third Land Disposal Restrictions
Liability Coverage
Hazardous Waste Tank Systems
Smelting Waste Listing
Permit Modification
Ground-Water Monitoring Statistical
Methods
Iron Dextran Listing Removal
Strontium Sulfide Listing Removal
National Uniform Manifest
Miscellaneous Units
Incinerator Permits
61 — Changes to Interim Status Facilities
Reconstruction Limits
54 Modifications to Hazardous Waste
Management Permits (270.42 Appendix)
— Procedures for Post-closure Permitting
Continued....
5 UNK1 3-8/11792 IPrinttd: 3/28/94)
-------
OSWER DIRECTIVE NO. 9541.00-19
Revision Checklist Linkage Table (cont'd) SPA 13
Revision
Checklist Number
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
« 78 34,39
Linked
Checklists
50,66
34,39,50,78
24
71,90
50,62
11,35,73
65,90
11,35,67
80,84
17 H,100
,50,83,100,102,103,106
Topic or Explanation
First Third Land Disposal Restriction
Correction
Second Third Land Disposal Restrictions
Delay of Closure Period for Hazardous
Waste Management Facilities
Mining Waste Exclusion I
First Third Land Disposal Restriction
Correction
Testing and Monitoring Activities
Methyl Bromide Production Wastes
Chlorinated Aliphatic Hydrocarbon
Production Wastes
Updates to Part 1 24
Mining Waste Exclusion II
Modification of F019 Listing
Analytical Test Methods
Revision of Toxicity Characteristics
1 , 1 -Dimethylhydrazine Production Wastes
Listing
Criteria for Listing Toxic Wastes
Corrections - Double Liners
Third Third 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 91.92,101 Wood Preserving Listings
83 78,102,103,106 Third Third Land Disposal Restriction
Correction
84 74,80 Toxicity Characteristic
85 19,94,96,105 Burning of Hazardous Waste in Boilers and
Industrial Furnaces
Continued...
6 UNK1 3-8/11/92 IPrinfd: 3/28/94I
-------
OSWER DIRECTIVE NO. 9541.00-19
Revision Checklist Linkage Table (cont'd) SPA 13
Revision
Checklist Number
86
87
88
89
90
91
92
93
94
95
96
97
98
Linked
Checklists
57
79
—
81
65,71
82,92,101
82,91,101
51
19,85,96
50
85,94,98
17R,31,48
85,96,105
Topic or Explanation
Strontium Sulfide Listing Removal
Organic Air Emission Standards for Process
Vents and Equipment Leaks
Administrative Stay for K069 Listing
Revision to F037 and F038 Listing
Mining Waste III
Administrative Stay for Wood Preserving
Wastes
Wood Preserving Listings; Technical
Corrections
Liability Requirements; Technical
Amendment
Burning of Hazardous Waste in Boilers and
Industrial Furnaces; Corrections and
Technical Amendments
Finalization of treatment standards for the
K061 nonwastewaters in the high zinc
subcategory
Burning of Hazardous Waste in Boilers and
Industrial Furnaces; Technical Amendments
II
Exports of Hazardous Waste; Technical
Correction
Burning of Hazardous Waste in Boilers and
Industrial Furnaces; Administrative Stay of
Applicability and Technical Amendment
99 — Amendments to Interim Status Standards
for Downgradient Ground-Water Monitoring
Well Locations
100 17 H,77 Liners and Leak Detection Systems for
Hazardous Waste Land Disposal Units
101 82,91,92 Existing Drip Pad Administrative Stay
102 78,83 Second Correction to the Third Third Land
Disposal Restrictions
103 78,83 Hazardous Debris Case-by-Case Capacity
Variance
104 — Used Oil Filter Exclusion
Continued...
7 UNK13-8/11/92 |P>nt*d: 3/28/94I
-------
Revision Checklist Linkage Table (cont'd)
OSWER DIRECTIVE NO. 9541.00-19
SPA 13
Revision
Checklist Number
105
106
Linked
Checklists
85,98
78,83
Topic or Explanation
Recycled Coke By-Product Exclusion
Lead-Bearing Hazardous Materials Case-by-
Case Capacity Variance
* These are checklists affecting the lists of hazardous waste in 40 CFR 261, Subpart D.
1 While Revision Checklists 2 and 6 address similar topics, they affect different sections of
code.
2 Superseded by Revision Checklist 23.
3 Superseded by Revision Checklist 19.
4 Superseded by Revision Checklist 31.
6 Superseded by Revision Checklist 85.
6 Co. .tains sections superseded by Revision Checklist 52.
7 Superseded by .Revision Checklist 46.
8
DUNK13-8/11/92
|Prnt«d: 3/28/94)
-------
OSWER DIRECTIVE NO. 9641.00-19
Revision Checklist 17 H
The following version of Revision Checklist 17 H
should replace the current version
of this checklist in SAM Appendix J
-------
OSWER DIRECTIVE NO. 9541.00-19
SPA 13
RCRA REVISION CHECKLIST 17H
Double Liners
Note: Corrections were made to 264.221 (c) and 264.301(c) by a May 9, 1990 (55 PR 19262;
Revision Checklist 77). This correction was based on a United States Court of Appeals for the
District of Columbia decision (June 23, 1987), concerning a lawsuit filed against EPA. On
January 29, 1992, EPA issued a final rule (57 FR 3462; Revision Checklist 100) that superceded
the Revision Checklist 77 changes and expanded the 264.221 (c) and 264.301 (c) requirements,
as promulgated by Revision Checklist 17 H. States not yet authorized for Revision Checklist 17 H
are encouraged to adopt either the Revision Checklist 77 corrections pi the Revision Checklist
100 changes at the same time the Revision Checklist 17 H provisions are adopted. States
seeking authorization for Revision Checklist 100, that are not yet authorized for Revision
Checklist 77, should also submit Revision Checklist 77 to receive "credit" for Revision Checklist
77 in StATS, even though Revision Checklist 100 has superceded these changes.
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STAN-
GENT
BROADER
IN SCOPE
PART 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS
WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SUBPART K - SURFACE IMPOUNDMENTS
DESIGN AND OPERATING REQUIREMENTS
apply to TSD facilities
two or more liners
t alternative design and
operating practices
monofills
t redesignate old
264. 22 lie), (d)and (e)
as 264.221 (f), (g) and
(h)
254.221 (a)
254.221 (c)
254.221 (d)
254.221(e)
254.221 (f)-(h)
SUBPART N - LANDFILLS
DESIGN AND OPERATING REQUIREMENTS
introductory text
two or more liners
264.301 (a)
264.30 1(c)
Page 1 of 3
CL17H.13 - RcviMd: 01/10/94
Printed: 3/28/94
-------
OSWER DIRECTIVE NO. 9541.00-19
RCRA REVISION CHECKLIST 17H: Double Liners (cont'd)
FEDERAL REQUIREMENTS
t alternative design and
operating practices
t monofills
redesignate old
264.301 (c), (d), (e),
(f), and (g) as
264.301 (f), (g), (h), (i)
and (j)
1 landfills in Alabama
FEDERAL RCRA CITATION
264.301 (d)
264.301(6}
264.301 (f)-(i)
264.301 (k)
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
PART 265 - INTERIM STANDARDS FOR OWNERS AND OPERATORS OF
HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SUBPART K - SURFACE IMPOUNDMENTS
DESIGN REQUIREMENTS
two or more liners
notify Regional
Administrator
t alternative design and
operating practices
t monofills
t allows installed liner to
be permitted liner
265.221(a)
265.221(b)
265. 221 (c)
265.221 (d)
265.221(e)
SUBPART L - WASTE PILES
DESIGN REQUIREMENTS
265.254 requirements
for new units,
expansions and
replacements
265.254
SUBPART N - LANDFILLS
DESIGN REQUIREMENTS
two or more liners
265.301(a)
Page 2 of 3
CL17H.13 -RcviMd: 01/10/94
Printed: 3/28/94
-------
OSWER DIRECTIVE NO. 9541.00-19
SPA 13
RCRA REVISION CHECKLIST 17H: Double Liners (cont'd)
FEDERAL REQUIREMENTS
notify the RA
t alternative design and
operating practices
t monofills
t allows installed liner to
be permitted liner
FEDERAL RCRA CITATION
265.30Kb)
265.301 (c)
265.301 (d)
265.301(6)
ANALOGOUS STATE CITATION
STATE ANALOG IS.
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Applicable only to landfills in Alabama. States other than Alabama do not have to adopt this
provision.
Page 3 of 3
CL17H.13 - RcviMd: 01/10/94
Printed: 3/28/94
-------
OSWER DIRECTIVE NO. 9541.00-19
Revision Checklist 77
The following version of Revision Checklist 77
should replace the current version
of this checklist in SAM Appendix J
-------
OSWER DIRECTIVE NO. 9541.00-19
SPA 13
RCRA REVISION CHECKLIST 77
HSWA Codification Rule, Double Liners, Correction
55 FR 19262-19264
May 09, 1990
(RCRA Cluster II, HSWA provisions)
Note: The final rule addressed by this checklist corrects 264.221 (c) and 264.301 (c) as
promulgated on June 15, 1985 (50 FR 28702; Revision Checklist 17 H). This correction is based
on a decision reached in the United States Court of Appeals for the District of Columbia (June 23,
1987), concerning a lawsuit filed against EPA. On January 29, 1992, EPA issued a final rule (57
FR 3462; Revision Checklist 100) that superceded the Revision Checklist 77 changes and
expanded the 264.221 (c) and 264.301 (c) requirements, as promulgated by Revision Checklist 17
H. States not yet authorized for Revision Checklist 17 H are encouraged to adopt either the
Revision Checklist 77 corrections or the Revision Checklist 100 changes at the same time the
Revision Checklist 17 H provisions are adopted. States seeking authorization for Revision
Checklist 100 rather than this checklist should also submit Revision Checklist 77 to receive
"credit" for Revision Checklist 77 in StATS, even though Revision Checklist 100 has superceded
these changes.
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
PART 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS
WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES
SUBPART K - SURFACE IMPOUNDMENTS
DESIGN AND OPERATING REQUIREMENTS
insert "for units where
the Part B of the
permit application is
received by the
Regional Administrator
after November 8,
1984" after "permit"
264.2?1(c)
May 9, 1990-Page 1 of 2
CL77.15 -RcviMd: 01/10/94
Printed: 3/28/94
-------
OSWER DIRECTIVE NO. 9541.00-19
RCRA REVISION CHECKLIST 77: SPA 13
HSWA Codification Rule, Double Liners, Correction (cont'd)
FEDERAL REQUIREMENTS
FEDERAL RCRA CITATION
ANALOGOUS STATE CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
SUBPART N - LANDFILLS
DESIGN AND OPERATING REQUIREMENTS
add sentence
regarding applicability
of 264.30 1(c) only
where Part B of the
permit application is
received after
November 8, 1984
264.301 (c)
"Issuance" should not be changed to "insurance" in this paragraph; this is a typographical
error in the FR for this correction notice (55 FR 19263).
May 9, 1990 - Page 2 of 2
CL77.15 - ReviMd: 01/10/94
Printed: 3/28/94
-------
OSWER DIRECTIVE NO. 9541.00-19
ATTACHMENT C
"Special" Consolidated Checklists
updated as of June 30,1993
-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST SPA 13
for the
Burning of Hazardous Waste in Boilers and Industrial Furnaces
as of June 30, 1992
Notes 1) This checklist consolidates changes to the Federal code addressed by the following
Boilers and Industrial Furnaces (BIF) checklists that have occurred through June 30, 1992:
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)
Revision Checklist 98 (56 FR 43874; September 5, 1991)
Revision Checklist 105 (57 FR 27880; June 22, 1992)
Note that Revision Checklist 105, which addresses Coke-By-Products, is included in this
consolidated checklist because it also affects the BIF rule.
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. This administrative stay has been removed by Revision
Checklist 105 (57 FR 27880; June 22, 1992) and, therefore, should not be adopted by States.
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STWN-
GENT
MORE
STRIN-
GENT
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"
85
85
85
260.10(intro)
260.10
260.1 0(1 )&(2)
Page 1 of 113
DCBtF.13 - RmriMd: 2/17/92
Print*): 11/5/93
-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
replace "controlled flame
devices" with "thermal
treatment" in introductory
text of the definition for
"industrial furnace"
redesignate paragraph
(12) in the definition for
"industrial furnace" as
paragraph (13); add new
paragraph (12) that adds
halogen acid furnaces to
the list of devices
considered industrial
furnaces
"infrared incinerator"
"plasma arc incinerator"
"sludge dryer"
CHECKUST
REFERENCE
85
85
85
85
85
FEDERAL RCRA CITATION
260.10
260.10(12)&
(13)
260.10
260.10
260.10
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
REFERENCES
add to the first set of
listings, in alphabetical
order: "U.S. EPA,
Screening Procedures for
Estimating the Air Quality
Impact of Stationary
sources..."
85
260. 11 (a)
PART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
SUBPART A - GENERAL
DEFINITION OF SOLID WASTE
1 redesignate (d)(2) as (d)
(3); add new paragraph
regarding secondary
materials fed to a halogen
acid furnace that exhibit a
characteristic or are a
listed waste; exception
for brominated material
that meets certain criteria
85,
94,96
261.2(d)(2)
Page 2 of 113
DCBIF.13 -RcviMd: 2/17/92
Printed: 11/6/93
-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
material must contain a
bromine concentration of
at least 45%
material must contain less
than a total of 1 % of
toxic organic compounds
listed in Appendix VIII
material is processed
continually on-site in the
halogen acid furnace via
direct conveyance
redesignate old 261. 2(d)
(2) as261.2(d)(3)
CHECKLIST
REFERENCE
96
96
96
85,94
FEDERAL RCRA CITATION
261.2
-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
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. 11 2 of
this chapter for facilities
that burn or process
hazardous waste" at end
of first sentence
add "except as provided
by S 266.1 12 of this
chapter for facilities that
burn or process hazardous
waste" to end of
paragraph
CHECKLIST
DCCCfiCU/*C
ncrtncNuc
65
85
FEDERAL RCRA CITATION
261.4(b)(7)
261.4(b)(8)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
REQUIREMENTS FOR RECYCLABLE MATERIALS
replace the letter "G"
with "H"
replace "Subpart D" with
"Subpart H"
remove existing paragraph
261.6(a)(3)(vii) and
redesignate 261.6(a)(3)
(viii) as 261.6(a)(3)(vii)
redesignate 261.6(a)(3)
(ix) as 261.6(a)(3)(viii)
94
94
85
85
261.6(a)(2)
261.6(a)(2)(ii)
261.6(a)(3)(vii)
261.6(a)(3)(viii)
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 4 of 113
DC8IF.13 - RcviMd: 2/17/92
Printed: 11/5/93
-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
SUBPART 0 - INCINERATORS
APPLICABILITY
regulations apply to
owners and operators of
hazardous waste
incinerators (as defined in
260.10) except as 264.1
provides otherwise
85
264.340(a)
PART 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF
HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES
SUBPART G - CLOSURE AND POST-CLOSURE
CLOSURE PLAN; AMENDMENT OF PLAN
insert "or by six months
after the elective date of
the rule that first subjects
a facility to provisions of
this section" after "By
May 19, 1981"
add sentence regarding
submittal of closure plan
at least 45 days prior to
beginning partial or final
closure of a boiler or
industrial furnace; add
sentence regarding
written notification at
least 45 days prior to
beginning partial or final
closure of a boiler or
industrial furnace when
the owner or operator has
an approved closure plan
date when owner or
operator "expects to
begin closure" must be
either
85
85
85,96
265.112(a)
265.112(d)(1)
265.112(d)(2)
Page 5 of 113
DCHF.13
R*viMd: 2/17/92
Printed: 11/5/93
-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
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 265.1 13(d)
requirements receiving
final volume or most
recent volume
nonhazardous wastes;
extension by Regional
Administrator
CHECKLIST
REFERENCE
85,96
85,96
FEDERAL RCRA CITATION
265.112(d)(2)(i)
265.112(d)(2)
(ii)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
CLOSURE; TIME ALLOWED FOR CLOSURE
within 90 days after
receiving final volume of
hazardous or non-
hazardous wastes if
owner/operator complies
with 265.113(d)&(e)
requirements or 90 days
after approval of closure
plan, whichever is later;
criteria for extension by
Regional Administrator
complete partial and final
closure within 1 80 days
after receiving final
volume of hazardous or
non-hazardous waste if
owner/operator complies
with 265.113(d)&(e)
requirements or 1 80 days
after approval of closure
plan, whichever is later;
extension by Regional
Administrator
85,96
85,96
265.113(a)
265.113(b)
Page 6 of 113
DCBIF.13 -RcviMd: 2/17/92
Printed: 11/5/93
-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
SUBPART 0 - INCINERATORS
APPLICABILITY
regulations apply to
owners and operators of
hazardous waste
incinerators (as defined in
260.10) except as 264.1
provides otherwise
85
265.340(a)
SUBPART P - THERMAL TREATMENT
OTHER THERMAL TREATMENT
delete "."at the end and
insert ", and Subpart H of
Part 266, if the unit is a
boiler or an industrial
furnace as defined in
§260.10."
94
265.370
PART 266 - STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES
AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES
SUBPART D - HAZARDOUS WASTE BURNED FOR ENERGY RECOVERY
remove and reserve
Subpart D
85
266.30-266.35
SUBPART E - USED OIL BURNED FOR ENERGY RECOVERY
APPLICABILITY
4 replace "Subpart D of Part
266" with "Subpart H of
Part 266"
4 replace "Subpart D" with
"Subpart H"
94,96
94,96
266.40(c)
266.40(d)
Page 7 of 113
DC8IF.13 -R*vind: 2/17/92
Printed: 11/5/93
-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
SUBPART H - HAZARDOUS WASTE BURNED IN BOILERS AND INDUSTRIAL FURNACES
APPLICABILITY
regulations apply to
hazardous waste burned
or processed in a boiler or
industrial furnace,
irrespective of purpose,
except as 266.100(b),(c),
and (d) provide; definition
of "burn"; 266.104-
266.107 emissions
standards apply to interim
status or permitted
facilities
hazardous wastes and
facilities not subject to
regulation under Subpart
H:
used oil burned for energy
recovery that is hazardous
solely because it exhibits
a characteristic; regulated
under 266, Subpart E
gas recovered from
landfills and burned for
energy recovery
exempt hazardous wastes
under 261. 4 and 261. 6(a)
(3)(v)-(viii); CESQG
hazardous wastes under
261.5
coke ovens burning only
K087
85,96,
t98,t105
85
85
85,94
85,94
85
266.100(a)
266.100(b)
266.100(b)(1)
266.100(b)(2)
266.100(b)(3)
266.100(b)(4)
i
Page 8 of 113
DCBIF.13 -R*vi**d: 2/17/92
Primed: 11/5/93
-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
owners and operators of
smelting, melting and
refining furnaces
processing hazardous
waste solely for metal
recovery conditionally
exempt, except for
266.101 and 266.1 12
requirements for
exemption from 266.102
through 266.111 for
owner. or operator of
metal recovery furnace;
owner or operator of a
lead or a nickel-chromium
recovery furnace, or
certain metal recovery
furnaces subject to
266.100(c)(3)
requirements
one-time written notice
indicating:
owner or operator claims
266.100(c) exemption
metal recovery as per
266.100(c)(2) provisions
recoverable levels of
metals
compliance with
266.100(c) sampling and
analysis and
recordkeeping
requirements
CHECKLIST
REFERENCE
85
85,96
85
85
85
85
85
FEDERAL RCRA CITATION
266.100(c)
266.100(c)(1)
266.100(c)(1)(i)
266.100(0(1 )(i)
(A)
266.100(0(1 Hi)
(B)
266.100
-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
sample and analyze
hazardous waste and
other feedstocks as
necessary using specified
procedures or alternative
methods that meet or
exceed SW-846 method
performance capabilities;
situation where "best
available method" is used
maintain specified records
at facility for at least
three years
criteria under which a
hazardous waste is not
processed solely for metal
recovery
total concentration of
261, Appendix VIII
organic compounds
exceeds 500 ppm by
weight and are considered
burned for destruction;
reduction of organic
compound concentration
to the 500 ppm limit by
bona fide treatment;
blending for dilution to
meet the 500 ppm limit is
prohibited; retention of
documentation in records
required by 266.100(c)(1)
(iii)
CHECKUST
REFERENCE
85,96
85
85
•
85,96
FEDERAL RCRA CITATION
266.100(C)(1)(ii)
266.100(c)(1)
(iii)
266.1 00(c)(2)
266.100(c)(2)(i)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 10 of 113
DC8IF.13 -RvviMd: 2/17/92
Printed: 11/5/93
-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
heating value of 5,000
Btu/lb or more and
considered burned as fuel;
reduction of the heating
value to below 5,000
Btu/lb by bona fide
treatment; blending for
dilution to meet the 5,000
Btu/lb limit is prohibited;
retention of
documentation in records
required by 266.1 OO(c)d)
(iii)
requirements for
exemption from 266.102
through 266.111 for
owner or operator of
certain metal recovery
furnaces; written notice
to director; 266.100(c)(1)
compliance
exemption from
266.100(c)(1)
requirements for
hazardous wastes listed in
Appendices XI and XII,
Part 266, and baghouse
bags used to capture
metallic dusts emitted by
steel manufacturing,
provided:
waste contains
recoverable levels of
specified metals
waste does not exhibit
the Toxicity Characteristic
of 261 .24 for an organic
constituent
CHECKLIST
REFERENCE
85,96
96
96
'
96
96
FEDERAL RCRA CITATION
266.100(c)(2)(ii)
266.1 00(c)(3)
266.1 00(c)(3)(i)
266.100(c)(3)(i)
(A)
266.100(c)(3)(i)
(B)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 11 of 113
DC8IF.13
2/17/92
PlinMd: 11/5/93
-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
waste is not a hazardous
waste listed in Part 261
Subpart D because it is
listed for an organic
constituent as identified
in Appendix VII of Part
261
certification by owner or
operator under
266.100(c)(3) regarding
hazardous waste;
sampling and analysis or
other information to
assure compliance;
sampling and analysis
conducted according to
266.100(c)(1Mii);
maintain records to
document compliance
with (c){3) for at least
three years
basis for case-by-case
decisions regarding toxic
organic constituents;
metal recovery furnace
subject to Subpart H
requirements after
adequate notice and
opportunity for comment;
factors Director will
consider:
concentration and toxicity
of organic constituents in
the material
level of destruction of
toxic constituents
provided by the furnace
CHECKLIST
REFERENCE
96
96
96
96
96
FEDERAL RCRA CITATION
266.100(c)(3)(i)
(C)
266.100(C)(3)(J)
(D)
266.100(c)(3)(ii)
266.100(c)(3)(ii)
(A)
266.100(c)(3)(ii)
(B)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 12 of 113
OCWF.13 -RcviMd: 2/17/92
Printed: 11/5/93
-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
acceptable ambient levels
established in Appendices
IV or V exceeded for any
toxic organic compound
that may be emitted
based on certain
conditions
266.1 1 1 direct transfer
operation standards apply
only to facilities subject
to 266.1 02 or 266. 103
standards
266.112 residue
management standards
apply to any boiler or
industrial furnace burning
hazardous waste
6 conditional exemption
from Subpart H
requirements for owners
or operators of certain
smelting, melting, and
refining furnaces, except
for 266.112; to be
exempt from 266.101
through 266.111, an
owner or operator must:
provide a one-time written
notice indicating:
owner or operator claims
266.100(f) exemption
hazardous waste is
burned for legitimate
recovery of precious
metal
compliance with
266.100(f) sampling and
analysis and
recordkeeping
requirements
CHECKLIST
REFERENCE
96
85
85
96
96
96
96
96
FEDERAL RCRA CITATION
266.100(c)(3)(ii)
(C)
266.100(d)
266.100(e)
266.100(f)
266.100(f)(1)
266.100(f)(1)(i)
266.100(f)(1)(ii)
266.100(f)(1)
(Hi)
ANALOGOUS
STATE
CTTATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 13 of 113
DCWF.13 - RwriMd: 2/17/92
Printed: 11/5/93
-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
sample and analyze
hazardous waste as
necessary using specified
procedures
maintain specified records
at facility for at least
three years
CHECKLIST
REFERENCE
96
96
FEDERAL RCRA CITATION
266.100(f)(2)
266.100(f)(3)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
MANAGEMENT PRIOR TO BURNING
generators of hazardous
waste that is burned in a
boiler or industrial furnace
subject to Part 262
transporters of hazardous
waste that is burned in a
boiler or industrial furnace
subject to Part 263
owners and operators of
facilities that store
hazardous waste burned
in a boiler or industrial
furnace subject to 264
and 265, Subparts A
through L, and 270,
except as provided by
266.1 01 (c)(2); standards
applicable to storage by
burners and intermediary
facilities
85
85
85
266.101 (a)
266.101(b)
266.101(c)(1)
<•
Page 14 of 113
OC8IF.13
RcviMd: 2/17/92
Printed: 11/5/93
-------
OSWER DIRECTIVE NO. 9541 .OO-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
generators of hazardous
waste who burn on-site in
boilers or industrial
furnaces exempt from
regulation under 266.108
small quantity burner
provisions are exempt
from 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. 101
-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
applicable 264 provisions
CHECKLIST
REFERENCE
85
FEDERAL RCRA CITATION
266.102(a)(2)
266.102(a)(2)(i)
266.102(a)(2)(ii)
266.102(a)(2)
(iii)
266.102(a)(2)
(iv)
266.102(a)(2)
(v)
266.102(a)(2)
(vi)
266.102(a)(2)
(vii)
266.102(a)(2)
(viii)
266.102(a)(2)
(ix)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 16 of 113
DC8IF.13 - R*viMd: 2/17/92
Printed: 11/5/93
-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
analysis to quantify
concentration of any 261
Appendix VIII constituent
at levels detectable by
specified analytical
procedures, alternative
methods or best available
method; identification;
explanation of
constituents excluded
from analysis; analysis
provides 266 Subpart H,
270.22 and 270.66
information to prescribe
permit conditions;
analysis included in Part B
permit application or in
trial burn plan for interim
status facilities; owners/
operators of units not
operating under interim
status include 270.22 or
270.66(c) information in
Part B application, to
extent possible
sampling and analysis
throughout normal
operation to ensure
permit-specified physical
and chemical composition
limits are met
compliance with 266.104
through 266.107
emissions standards
burn only hazardous
wastes specified in permit
under 266.102(e)
operating conditions;
exception for approved
trial burns under 270.66
conditions
CHECKLIST
REFERENCE
85,
94,96
85
85
•
85
FEDERAL RCRA CITATION
266.102(b)(1)
266.102(b)(2)
266.102(c)
266.102(d)(1)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 17 of 113
DCBIF.13 -RmriMd: 2/17/92
Printed: 11/5/93
-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
new permit or permit
modification necessary to
burn hazardous waste not
specified in permit; trial
burn results or Part B
alternative data form
basis for new waste
operating requirements
266.103 interim status
boilers and industrial
furnaces permitted under
270.66(g) procedures
permit for new boiler or
industrial furnace must
establish appropriate
conditions for each
applicable 266.102
requirement in order to
comply with specified
standards:
for period beginning with
initial introduction of
hazardous waste and
ending with initiation of
trial burn; such period not
to exceed 720 hours;
operating requirements in
compliance with
266.104-266.107
emissions standards;
applicable provisions
when seeking waiver
from a trial burn;
extension for up to 720
additional hours by
Director based on good
cause demonstration
CHECKLIST
REFERENCE
85
85
•
85
85
FEDERAL RCRA CITATION
266.102(d)(2)
266.102(d)(3)
266.102(d)(4)
•
266.102(d)(4)(i)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 18 of 113
DCBIF.13 - RwiMd: 2/17/92
Prinwd: 11/5/93
-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
during trial burn,
operating requirements
sufficient for 266.104-
266.107 emissions
compliance and in
accordance with approved
trial burn plan
immediately after trial
burn, for minimum period
needed to allow sample
analysis, data
computation, submission
and review of trial burn
results, and permit
modification, operating
requirements to ensure
266.104-266.107
emissions compliance
7 for duration of permit,
operating requirements
based on trial burn or
270.22 alternative data,
sufficient to ensure
266.104-266.107
emissions compliance
operating requirements
specified in the permit
apply at all times where
hazardous waste is in unit
CHECKLIST
REFERENCE
85
85
85,94
85
FEDERAL RCRA CITATION
266.102(d)(4)
(ii)
266.102(d)<4)
(Hi)
266.102(d)(4)
(iv)
266.102(e)(1)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 19 of 113
DCHF.13
ftoviMd: 2/17/92
Printed: It/5/93
-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
operating conditions,
either case-by-case for
each hazardous waste to
ensure compliance with
266.104(3) DRE
performance standard or
special operating
requirements provided by
266.104(a)(4) DRE trial
burn waiver; when no
waiver, each set of
operating requirements
will specify composition
of hazardous waste to
which they apply; permit-
specified operating limits
for each hazardous waste
include:
feed rate of hazardous
waste and other fuels as
per 266.1 02(e)(6)
minimum and maximum
device production rate
when producing normal
product as per
266.102(e)(6)
appropriate controls of
hazardous waste firing
system
allowable variation in
boiler and industrial
furnace system design or
operating procedures
minimum combustion gas
temperature measured at
a location indicative of
combustion chamber
temperature as per
266.102(e)(6)
CHECKLIST
REFERENCE
85
85
85
85
85
85
FEDERAL RCRA CITATION
266.102(e)(2)(i)
266.102(e)(2)(i)
(A)
266.102(e)(2)(i)
(B)
266.1 02(e)(2)(i)
(C)
266.102(e)(2)(i)
(D)
266.102(e)(2)(i)
(E)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 20 of 113
DCBIF.13 - FtoviMd: 2/17/92
Printad: 11/5/83
-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
•
FEDERAL REQUIREMENTS
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) DRE
compliance
permit must incorporate
carbon monoxide (CO)
limit and, as appropriate,
hydrocarbon (HC) limit as
per 266.1 04(b)-(f); permit
limits specified:
when complying with
266.1 04(b)(1) CO
standard, permit limit is
1 00 ppmv
when complying with
266.104(c) alternative CO
standard, permit limit
based on trial burn,
established as specified
average, and permit limit
for HC is 20 ppmv,
except as 266.104(f)
provides
when complying with
266. 104(f) alternative HC
limit, permit limit for HC
and CO is baseline level
when hazardous waste is
not burned
no hazardous waste as
feed during start-up and
shut-down, unless device
is operating within permit
conditions; exception
CHECKLIST
REFERENCE
85
85
85
85
85
85
85
FEDERAL RCRA CITATION
266.1 02(e)(2)(i)
(F)
266.102(e)(2)(i)
(G)
266.102(e)(2)(ii)
266.102(e)(2)(ii)
(A)
266.1 02(e)(2)(ii)
(B)
266.102(e)(2)(ii)
(C)
266.102(e)(2)
(iii)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
.GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 21 of 113
OC8IF.13 - RaviMd: 2/17/92
Printed: 11/5/93
-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
except as provided in
266.102(e)(3)(ii) and (iii),
operating requirements
the permit will specify to
ensure 266.105
paniculate 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(e)(6)
operation and
maintenance controls for
hazardous waste firing
system and air pollution
control system
allowable variation in
system design including
air pollution control
system or operating
procedures
other operating
requirements to ensure
266.1 1Kb) paniculate
standard compliance
no permit conditions to
ensure paniculate
standard compliance for
266.105(b) exempt
facilities
CHECKLIST
REFERENCE
85
85
85
85
85
85
85
FEDERAL RCRA CITATION
266.102(e)(3)(i)
266.102(e)(3)(i)
(A)
266.102(e)(3)(i)
(B)
266.102(e)(3)(i)
(C)
266.1 02(e)(3)(i)
(D)
266.102(e)(3)(i)
(E)
266.102(e)(3)(ii)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
8
Page 22 of 113
DC8IF.13
• RwriMd: 2/17/92
Printed: 11/5/93
-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
for cement kilns and light-
weight aggregate kilns,
permit conditions shall
not limit ash content of
hazardous waste or other
feed materials
operating requirements
the permit will specify to
conform with 266.106(b)
or (e) Tier I or adjusted
Tier I metals feed rate
screening limits:
total feed rate of each
metal in hazardous waste,
other fuels, and industrial
furnace feedstocks as per
266.102(e)(6)
total feed rate of
hazardous waste as per
266.102
-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
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
266.102(e)(6)
maximum combustion gas
temperature measured at
location indicative of
combustion chamber
temperature as per
266.102(e)(6)
maximum flue gas
temperature at inlet to
paniculate matter air
pollution control system
as per 266.1 02(e)(6)
maximum device
production rate when
producing normal product
as per 266.1 02(e)(6)
operation and
maintenance controls of
hazardous waste firing
system and any air
pollution control system
allowable variation in
system design including
air pollution control
system or operating
procedures
CHECKLIST
REFERENCE
85
85,96
85
85
85
85
85
85
FEDERAL RCRA CITATION
266.102(e)(4)(ii)
(0
266.102(e)(4)(ii)
(C)(/)
266.102(e)(4)(ii)
(C)(2)
266.102(e)(4)(ii)
(0(3)
266.102(e)(4)(ii)
(D)
266.102(e)(4)(ii)
(E)
266.102(e)(4)(ii)
(F)
266.102(e)(4)(ii)
(G)
266.102(e)(4)(ii)
(H)
266.102(e)(4)(ii)
(I)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 24 of 113
DCBIF.13
2/17/92
Printed: 11/5/93
-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
other operating
requirements to ensure
266.106(c) or (d) metals
standards compliance
operating requirements
the permit will specify to
conform with 266.106(f)
alternative implementation
approach:
maximum emission rate
for each metal based on
average rate
feed rate of total and
pumpable hazardous
waste as per 266.102(e)
(6)(i)
feed rate of each metal in
specified feedstreams,
measured and specified
as per 266.1 02(e)(6)
total feed rate of chlorine
and chloride in total
feedstreams as per
266.102(e)(6)
maximum combustion gas
temperature measured at
location indicative of
combustion chamber
temperature as per
266.102(e)(6)
maximum flue gas
temperature at inlet to
particulate matter air
pollution control system
as per 266.1 02(e)(6)
CHECKLIST
REFERENCE
85
85
85
85
85
85,96
85
85
85
FEDERAL RCRA CITATION
266.102(e)(4)(ii)
(J)
266.102(e)(4)
(iii)
266.102{e)(4)
(iii)(A)
266.102(e)(4)
(iiiHB)
266.102(e)(4)
(iii)(C)
266.102(e)(4)
(iii)(C)(7)
266.102(e)(4)
(iii)(C)(2)
266.102(e)(4)
(iiiXD)
266.1 02(e)(4)
(iiiXE)
266.102(e)(4)
(iiiMF)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 25 of 113
DC8IF.13 -RmiMd: 2/17/92
Printed: 11/5/93
-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
maximum device
production rate when
producing normal product
as per 266.1 02(e)(6)
operation and
maintenance controls of
hazardous waste firing
system and any air
pollution control system
allowable variation in
system design including
air pollution control
system or operating
procedures
other operating
requirements to ensure
266.106(c) or (d) metals
standards compliance
operating requirements
the permit will specify to
ensure 266.107(b)(1) Tier
I total chloride and
chlorine feed rate
screening limits
conformance:
feed rate of total chloride
and chlorine in hazardous
waste, other fuels, and
industrial furnace
feedstocks as per
266.102(e)(6)
feed rate of total
hazardous waste as per
266.102(e)(6)
sampling and analysis
program for total chloride
and chlorine
CHECKLIST
REFERENCE
85
85
85
85
85
85
85
85
FEDERAL RCRA CITATION
266.102(e)(4)
(iii)(G)
266.102(e}(4)
(iiiHH)
266.102(e)(4)
(iiiMO
266.102(e)(4)
(iiiXJ)
266.102(e)(5)(i)
266.102(e)(5)(i)
(A)
266.102(e)(5)(i)
(B)
266.102(e)(5)(i)
(C)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 26 of 113
DCBIF.13 -teviwd: 2/17/92
Printed: 11/6/93
-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
operating requirements
the permit will specify for
266. 107(b)(2) Tier Hand
266. 107(c) Tier III HCI
and CI2 emission rate
screening limits
conformance:
maximum emission rate
for HCI and CI2 based on
average rate
feed rate of total
hazardous waste as per
266.102(e)(6)
total feed rate of chlorine
and chloride in total
feedstreams as per
266.102(e)(6)
maximum device
production rate when
producing normal product
as per 266.1 02(e)(6)
operation and
maintenance controls of
hazardous waste firing
system and any air
pollution control system
allowable variation in
system design including
air pollution control
system or operating
procedures
other operating
requirements to ensure
266.107(b)(2) or (c) HCI
or CI2 standards
compliance
measuring parameters and
establishing limits based
on trial burn data
CHECKLIST
REFERENCE
85
85
85
85
85
85
85
85
85,94
FEDERAL RCRA CITATION
266.102(e)(5)(ii)
266.102(e)(5)(ii)
(A)
266.1 02(e)(5)(ii)
(B)
266.102(e)(5)(ii)
(C)
266.102(e)(5)(ii)
(D)
266.102(e)(5)(ii)
(E)
266.iC2(e)(5)(ii)
(F)
266.102(e)(5)(ii)
(G)
266.102(e)(6)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 27 of 113
DCWF.13 -R«VMd: 2/17/92
Printed: 11/5/93
-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
as specified in 266.102(e)
(2)-(5), each operating
parameter shall be
measured and permit
limits on the parameter
established according to
either of the following
procedures:
measured and recorded
on instantaneous basis
and permit limit based on
time-weighted average
hourly rolling average
basis as defined
permit limit based on
average over all valid test
runs of highest hourly
rolling average value per
run
feed rate limits for
carcinogenic metals and
lead established on either
an hourly rolling average
basis or on (up to) to 24-
hour rolling average basis;
requirements for 2 to 24
hour average period:
feed rate of each metal
limited to ten times the
allowable hourly rolling
average basis feed rate
CHECKLIST
REFERENCE
85
85
85
85,94
85,94
85,94
85
FEDERAL RCRA CITATION
266.102(e)(6)(i)
266.102(e)(6)(i)
(A)
266.102(e)(6)(i)
(B)(7)
266.1 02(e)(6)(i)
(B)( /)(/)
266.102(e)(6)(i)
(B)( ;)(//)
266.102(e)(6)(i)
(B)(2)
266.102(e)(6)(ii)
266.102(e)(6)(ii)
(A)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
11
Page 28 of 113
DCBIF.13 -R«viMd: 2/17/92
Printed: 11/5/93
-------
OSWER DIRECTIVE NO. 9541.OO-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
specifications the
continuous monitor shall
meet
feed rate permit limit
based on specified
average
feed rate limits for metals,
total chloride and
chlorine, and ash
established and monitored
based on feedstream
concentration and flow
rate; flow rate
continuously monitored as
per 266.1 02(e)(6)(i) and
(ii)
if no simultaneous
demonstration of
266.104-266.107
compliance during a set
of test runs, operating
conditions of additional
test runs as close as
possible to original
operating conditions
CHECKLIST
REFERENCE
85
85,94
85
85
85
FEDERAL RCRA CITATION
266.102(e)(6)(ii)
(B)
266.102(e)(6)(ii)
266.102(e)(6)(ii)
266.1 02(e)(6)(ii)
(C)
266.1 02(e)(6)
(iii)
266.102(e)(6)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
11
Page 29 of 113
DCHF.13 -RwriMd: 2/17/92
Plintod: 11/5/93
-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
facility to operate under
trial burn conditions and
reach steady-state
operations before
obtaining test data to
demonstrate 266.104-
266.107 emissions
standards compliance or
establishing operating
parameter limits; specific
industrial furnaces need
not reach steady-state
conditions for flow of
metals prior to beginning
metals emissions
compliance testing
trial burn data obtained
during emissions sampling
are used to establish
operating parameter limits
in the permit when
parameter must be
established as per
266.102(e)
requirements for
controlling fugitive
emissions
automatic waste feed
cutoff required; Director
may limit number of
cutoffs per operating
period; additional
requirements include:
CHECKLIST
REFERENCE
85,94
85
85
85
FEDERAL RCRA CITATION
266.1 02(e)(6)
(iv)(B)
266.102(e)(6)
(iv)(C)
266.102(e)(7)(i)
266.102(e)(7)(i)
(A)
266.102(e)(7)(i)
(B)
266.1 02(e)(7)(i)
(C)
266.102(e)(7)(ii)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 30 of 113
DC8IF.13 -RcviMd: 2/17/92
Printed: 11/5/93
-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
maintenance of permit
limit for minimum
combustion chamber
temperature while
hazardous waste or
residues remain in
chamber
exhaust gases ducted to
air pollution control
system while hazardous
waste or residues remain
in chamber
continued monitoring of
parameters with limits
during cutoff and
hazardous waste feed not
restarted until parameters
comply with limits; for
parameters monitored on
instantaneous basis,
conditions for restarting
hazardous waste feed
cease burning hazardous
waste when changes in
combustion properties,
feed rates, or design or
operating conditions
deviate from permit limits
owner or operator, while
burning hazardous waste,
must monitor and record:
specified feed rates and
composition of specified
materials
CO, HC, and oxygen on a
continuous basis as
specified; monitors
installed, operated and
maintained as per 266,
Appendix IX methods
CHECKLIST
REFERENCE
85
85
85
85
85
85
85
FEDERAL RCRA CITATION
266.102(e)(7)(ii)
(A)
266.102(e)(7)(ii)
(B)
266.1 02(e)(7)(ii)
(C)
266.102(e)(7)
(iii)
266.102(e)(8)(i)
266.102(e)(8)(i)
(A)
266.102(e)(8)(i)
(B)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 31 of 113
DC8IF.13 -RmriMd: 2/17/92
Printed: 11/5/93
-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
sampling and analysis as
requested to verify that
requirements established
in permit achieve
266.104-266.107
standards
monitors record data in
permit limit units, unless
permit allows otherwise
daily visual inspection of
boiler or industrial furnace
and associated equipment
when they contain
hazardous waste
test automatic feed cutoff
system and associated
alarms at least once every
7 days when hazardous
waste is burned unless
specified conditions are
demonstrated; operational
testing at least once
every 30 days
monitoring and inspection
data recorded and placed
in 264.73 operating
record
compliance with 266.1 1 1
if direct transfer of
hazardous waste to boiler
or industrial furnace
without use of storage
unit
all 266.102-required
information and data in
facility operating record
until closure of the facility
remove all hazardous
waste and hazardous
waste residues at closure
CHECKLIST
REFERENCE
85
85
85
85
85
85
85,96
B5
FEDERAL RCRA CITATION
266.102(e)(8)(i)
(C)
266.102(e)(8)(ii)
266.1 02(e)(8)
(iii)
266.102(e)(8)
(iv)
266.102(e)(8)
(V)
266.102(e)(9)
266.102(e)(10)
266.102(e)(11)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 32 of 113
DCBIF.13 -RwiMd: 2/17/92
Printed: 11/5/93
-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
. STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
INTERIM STATUS STANDARDS FOR BURNERS
establish minimum
national standards for
owners and operators of
existing boilers and
industrial furnaces until
permitted under
266.102(d) or closed
definition of "existing or
in existence"; facility has
commenced construction
if all permits necessary to
begin physical
construction are obtained
and either:
continuous on-site,
physical construction
program has begun
contractual obligations
cannot be cancelled or
modified without
substantial loss and
physical construction is to
be completed within
reasonable time
if boiler or industrial
furnace at facility with
permit or interim status,
then compliance with
270,42 permit
modification or 270.72
interim status changes
266.103 requirements
not applicable to
hazardous waste and
facilities exempt under
266.100
-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
F020-F023, F026 or
F027 hazardous waste
listed for dioxin and
hazardous waste derived
from these wastes may
not be burned in interim
status boiler or industrial
furnace
interim status owners and
operators subject to
specified 265 provisions:
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
CHECKLIST
REFERENCE
85,96
85
85,96
85
FEDERAL RCRA CITATION
266.103(a)(3)
266.103(a)(4)
266.103(a)(4)(i)
266.103(a)(4)(ii)
266.103(a)(4)
(iii)
266.103(a)(4)
(iv)
266.103(a)(4)
(v)
266.103(a)(4)
(vi)
266.103(a)(4)
(vii)
266.103(a)<4)
(viii)
266.103(a)(5)
266.103(a)(5)(i)
(A)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 34 of 113
DCBIF.13 - RvviMd: 2/17/92
Printed: 11/5/93
-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
determination and
documentation in facility
record of adequate
oxygen
for cement kiln systems.
hazardous waste fed into
kiln
applicability of
266.104(c) or
266.1 03(c)(5)
hydrocarbon controls
criteria for burning
hazardous waste for a
purpose other than solely
as an ingredient:
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 treatment;
blending for dilution to
meet the 500 ppm limit
prohibited; retention of
documentation in facility
record
CHECKLIST
REFERENCE
85
85
85,96
85
85,96
FEDERAL RCRA CITATION
266.103(a)(5)(i)
(B)
266.103(a)(5)(i)
(C)
266.103(a)(5)(i)
(D)
266.1 03(a)(5)(ii)
266.103(a)(5)(ii)
(A)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
,
BROADER
IN SCOPE
Page 35 of 113
DCBIF.13 - R*viMd: 2/17/92
Printed: 11/5/93
-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
heating value of 5,000
Btu/lb or more, as fired,
and considered burned as
fuel; reduction of the
heating value of a waste
as-generated to below
5,000 Btu/lb limit by bona
fide treatment; blending
to augment heating value
to meet the 5,000 Btu/lb
limit prohibited; retention
of documentation in
facility record
burning hazardous waste
with heating value less
than 5,000 Btu/lb
prohibited; situation
where 5,000 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
August 21, 1991:
boiler or industrial furnace
operating under Part 265,
Subpart O or P
requirements
boiler or industrial furnace
met 270.70 interim status
eligibility requirements for
Part 265, Subpart O or
Subpart P
CHECKLIST
REFERENCE
85,96
85,96
96
96
96
96
96
FEDERAL RCRA CITATION
266.103(a)(5)(ii)
(B)
266.1 03(a)(6)
266.103(a)(6)(i)
266.103(a)(6)(ii)
266.103(a)(6)
(iii)
266.103(a)(6)
(iii)(A)
266.103(a)(6)
(iiiXB)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 36 of 113
DC8IF.13 - RwiMd: 2/17/92
Printed: 11/5/93
-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
hazardous waste with a
heating value less than
5,000 Btu/lb burned prior
to August 21, 1991
such waste burned in
halogen acid furnace if
waste burned as an
excluded ingredient under
261.2(e) prior to February
21, 1991 and
documentation kept on
file
266.1 1 1 compliance if
hazardous waste directly
transferred from transport
vehicle to boiler or
industrial furnace without
storage unit use
August 21, 1991
submittal date for
266.103(b)(2)
information; establish
limits for 266.103(b)(3)
parameters; certificate of
precompliance; burning
limited to 266.103(b)(3)
conditions until
266.103(b)(8) revised
certification of
precompliance, or
266.103(c) certification
of compliance, or permit
is issued
information to be
submitted with
certification of
precompliance to support
determination and
compliance with operating
parameter limits
CHECKLIST
REFERENCE
96
96
85
85
85
FEDERAL RCRA CITATION
266.103(a)(6)
(iiiHC)
266.103(a)<6)
(iv)
266.103(a)(7)
266.1 03(b)(1)
266.1 03(b)(2)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 37 of 113
DC8IF.13 - RcviMd: 2/17/92
Printed: 11/5/93
-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
general facility
information
except for facilities
complying with Tier I feed
rate screening limits
provided by 266.106(b)
or (e) and 266.107(b)(1)
or (e), estimated
uncontrolled emissions of
paniculate matter, each
266.106 metal, hydrogen
chloride and chlorine, and
following information to
support determinations:
feed rate of specified
materials in each
feedstream
estimated partitioning
factor to combustion gas
for 266.1 03
-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
for industrial furnaces
that recycle collected
particulate matter and
certify compliance with
266.103(c)(ii)(A) metals
emissions standards,
estimated enrichment
factor for each metal,
using best engineering
judgment or specified
Appendix IX procedures
basis for best engineering
judgment; 270.11(d)
certification of
determinations included in
certification of
precompliance
for facilities complying
with Tier I feed rate
screening limits, the feed
rate of specified materials
in each feed stream
for facilities complying
with Tier II or III emission
limits for metals or HCI or
CI2, estimated controlled
emissions rates of
particulate matter, each
266. 106 metal, HCI and
CI2, and following
information to support
determinations:
estimated air pollution
control system (APCS)
removal efficiency for
specified materials
use best engineering
judgment or 266,
Appendix IX procedures
CHECKLIST
REFERENCE
85
85,94
85
85,94
85
85
FEDERAL RCRA CITATION
266.103(b)(2)
(ii)(C)
266.103(b)(2)
(HMD
266.103(b)(2)
(iii)
266.103(b)(2)
(iv)
266.103(b)(2)
(ivMA)
266.103(b)(2)
-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
basis for best engineering
judgment in conformance
with 266.103(b)(2)(ii)(D)
determination of
allowable emissions rates
for specified materials and
information to support
such determinations to
include:
for all facilities:
for owners or operators
using Tier III site specific
dispersion modeling to
determine 266.106(d) or
266.1 07 (c) allowable
levels, or adjusted Tier I
feed rate screening limits
under 266.106(e) or
266.107(e):
CHECKLIST
REFERENCE
85
85
85
85,94
85
85
FEDERAL RCRA CITATION
266.103(b)(2)
(iv)(C)
266.103(b)(2)
(v)
266.103(b)(2)
(v)(A)
266.103(b)(2)
(v)(A)(7)
266.103(b)(2)
(v)(A)(2)
266.103(b)(2)
(v)(A)(3)
266.103(b)(2)
(v)(A)W
266.103(b)(2)
(v)(A)(5)
266.103(b)(2)
(v)(A)(6)
266.103(b)(2)
(v)(A)(7)
266.103(b)(2)
(v)(P)
266.103(b)(2)
(v)(B)(7)
266.103(b)(2)
(v)(B)(2)
266.103(b)(2)
(v)(B)(3)
266.103(b)(2)
-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
for facilities complying
with Tier II or III
emissions rate controls
for metals or HCI and CI2,
comparison of 266.103(b)
(2)(iv) estimated rates
with 266.103(b)(2)(v)
allowable rates
for facilities complying
with Tier 1 or adjusted
Tier 1 feed rate screening
limits for metals or total
chloride and chlorine,
comparison of actual feed
rates determined under
266.103(b)(2)(iii) toTier 1
allowable feed rates
for industrial furnaces
that feed hazardous
waste for any purpose
other than solely as an
ingredient at any location
other than product
discharge end of device,
documentation of
266.103(a)(5)(i)(A)-(C)
compliance
for industrial furnaces
that recycle collected
particulate matter back
into the furnace and that
will certify 266.103(0(3)
(ii)(A) metals emissions
standards compliance,
applicable particulate
matter standard and
precompliance limit on
metal concentration
CHECKLIST
REFERENCE
85,94
85
85
85
FEDERAL RCRA CITATION
266.103(b)(2)
(vi)
266.103(b)(2)
(vii)
266.103(b)(2)
(viii)
266.103(b)(2)
(ix)
266.1 03(b)(2)
(ix)(A)
266.103(b)(2)
(ix)(B)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 41 of 113
DCWF.13
RcviMd: 2/17/92
Printed: 11/5/93
-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) . SPA 13
FEDERAL REQUIREMENTS
establish limits on
266.103(b)(3)(i)-(v)
parameters consistent
with 266.103(b)(2)
determinations and certify
the facility will operate
within the limits during
interim status when there
is hazardous waste in the
unit until certain
conditions are met
feed rate of total
hazardous waste and
pumpable hazardous
waste
feed rate of each metal in
specified feedstreams
total feed rate of chlorine
and chloride in total
feedstreams
total feed rate of ash in
total feedstreams, except
ash feed rate for cement
kilns and light-weight
aggregate kilns is not
limited
maximum production rate
when producing normal
product
CHECKLIST
REFERENCE
85
85
85,94
-
85
85
85
85
FEDERAL RCRA CITATION
266.103(b)(3)
266.103(b)(3)(i)
266.l03(b)(3)
(ii)
266.103(b)(3)
266.1 03(b)(3)
266.103(b)(3)
(ii)(C)
266.1 03(b)(3)
(iii)
266.l03(b)(3)
(iv)
266.103(b)(3)
(v)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 42 of 113
DC8HM3 -RcviMd: 2/17/92
PrinMd: 11/5/93
-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
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 266.1 03(b)(3)
parameters established
and continuously
monitoring under:
instantaneous limits
hourly rolling average
basis as defined
feed rate limits for
carcinogenic metals and
lead established on either
an hourly rolling average
basis or on (up to) 24
hour rolling average basis;
requirements for 2 to 24
hour average period:
feed rate of each metal
limited to ten times the
allowable hourly rolling
average basis feed rate
CHECKLIST
REFERENCE
85
85
85,96
85
85,94
85
85
FEDERAL RCRA CITATION
266.103(b)(4)
266.103(b)(5)(i)
266.103(b)(5)(i)
(A)
266.103(b)(5)(i)
(B)
266.103(b)(5)(i)
-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
specifications the
continuous monitor shall
meet:
feed rate limits for metals.
total chloride and
chlorine, and ash
established and monitored
based on feedstream
concentration and flow
rate; flow rate
continuously monitored as
per 266.1 03(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:
CHECKLIST
REFERENCE
85
85,94
85
.
85,94
FEDERAL RCRA CITATION
266.103(b)(5)
(ii)(B)
266.103(b)(5)
(ii)(B)(/)
266.103{b)(5)
(ii)(B)(2)
266.103(b)(5)
(iii)
266.103(b)(6)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
11
Page 44 of 113
DCBIF.13 - RwiMd: 2/17/92
Printed: 11/5/93
-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
information to include in
public notice
when monitoring systems
for 266.1 03(c)(1)(v)-(xiii)
operating parameters are
installed and operating in
conformance with vendor
or 266, Appendix IX
specifications, continuous
monitoring required and
records maintained in
operating record
CHECKLIST
REFERENCE
85
85,96
85
85
FEDERAL RCRA CITATION
266.103(b)(6)(i)
266.103(b)(6)
(ii)
266.103(b)(6)
(iii)
266.103(b)(6)
(iv)
266.103(b)(6)
(v)
266.103(b)(6)
(vi)
266.103(b)(6)
(vii)
266.103(b)(6)
(viii)
266.103(b)(6)
(viiiMA)
266.103(b)(6)
(viii)(B)
266.103(b)(6)
(ix)
266.103(b)(6)
(x)
266.103(b)(7)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 45 of 113
DCWF.13 - R*vmd: 2/17/92
Printed: 11/5/93
-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
submittal of revised
certification of pre-
compliance under
266.103(b)(2)&(3)
procedures
266.103(b)(6) public
notice requirements not
applicable to
recertifications
operation of facility within
limits established for
266.103(b)(3) parameters
until 266.103(b) revised
certification or
266.103(c) certification
of compliance is
submitted
language of signed
statement that must be
included with the
certification of
precompliance
conduct emissions testing
to document compliance
with 266.1 04(b)-(e),
266.105-266.107 and
266.103(a)(5)(i)(D)
emissions standards;
submittal of certification
of compliance on or
before August 21, 1992
CHECKLIST
REFERENCE
85
85
85
85
85,94
FEDERAL RCRA CITATION
266.103(b)(8)
266.103(b)(8)(i)
266.103(b)(8)
(ii)
266.103(b)(9)
266.103(c)
ANALOGOUS
STATE
CITATION
t
STATE ANALOG IS:
EQUIV-
ALENT
LESS
. STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
i
Page 46 of 113
DCBIF.13
R*viMd: 2/17/92
Printed: 11/5/93
-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
establish limits and all
applicable emission
standards on 266.103(c)
(D(i)-(xiii) parameters
based on operations
during compliance test
and include with
certification of
compliance; device will be
operated within these
limits and applicable
emission standards of
266.104(b)-(e), 266.105,
266.106, 266. 107 and
266.103(a)(5)(i)(D) when
hazardous waste is in the
unit
feed rate of total
hazardous waste and
pumpable hazardous
waste
feed rate of each metal in
specified feedstreams
total feed rate of chlorine
and chloride in total feed
streams
total feed rate of ash in
total feedstreams, except
ash feed rate for cement
kilns and light-weight
aggregate kilns is not
limited
CHECKLIST
REFERENCE
85,94,96
85
85
85
85,94
FEDERAL RCRA CITATION
266.103(0(1)
266.103(c)(1)(i)
266.103(c)(1)(ii)
266.1 03(c)(1)(ii)
(A)
266.103(c)(1)(ii)
(B)
266.103(c)(1)(ii)
(C)
266.103(0(1)
(iii)
266.103(0(1)
(iv)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
12
12
12
12
Page 47 of 113
DC8IF.13 - R*viMd: 2/17/92
Printed: 11/5/93
-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
1 2 carbon monoxide
concentration and, where
required, hydrocarbon
concentration in stack
gas; CO and HC limits
12 maximum production rate
when producing normal
product
1 2 maximum combustion
chamber temperature
with temperature
measured where
specified; exception
1 2 maximum flue gas
temperature entering a
particulate matter control
device; exception
12
limits for systems using
wet scrubbers, including
wet ionizing scrubbers;
exception:
1 2 systems using venturi
scrubbers, the minimum
differential gas pressure
across the venturi;
exception
12
limits for systems using
dry scrubbers; exception:
CHECKLIST
. REFERENCE
85
85
85
85
85,94
85
85
85,94
85
FEDERAL RCRA CITATION
266.103(c)(1)
(v)
266.103(c)(1)
(vi)
266.103(c)(1)
(vii)
266.103(0(1)
(viii)
266.103(0(1)
(ix)
266.103(c)(1)
(ix)(A)
266.103(c)(1)
(ix)(B)
266.103(0(1)
(ix)(C)
266.103(0(1)
(X)
266.103(0(1)
(xi)
266.103(0(1)
(xi)(A)
266.103(0(1)
(xi)(B)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
I I
Page 48 of 113
DCBIF.13 -RcviMd: 2/17/92
Printed: 11/5/93
-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
2
limits for systems using
wet ionizing scrubbers or
electrostatic precipitators;
exception
2 systems using fabric
filters, the minimum
pressure drop; exception
at least 30 days prior to
266.103(c)(3) compliance
testing, notify Director
and submit required
information:
general facility
information
CHECKLIST
REFERENCE
85,94
85
85
85
85
FEDERAL RCRA CITATION
266.103(c)(1)
(xii)
266.103(c)(1)
(xiiMA)
266.103(c)(1)
(xiiMB)
266.1Q3(c)(1)
(xiii)
266.103(c)(2)
266.103(c)(2)(i)
266.103(c)(2)(i)
(A)
266.103(c)(2)(i)
(B)
266.103(c)(2)(i)
(C)
266.1 03(c)(2)(i)
(D)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 49 of 113
DC8IF.13 - RcviMd: 2/17/92
PAitad: 11/5/93
-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
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
CHECKLIST
REFERENCE
85
85
FEDERAL RCRA CITATION
266.103(c)(2)(ii)
266.103(c)(2)(ii)
(A)
266.103(c)(2)(ii)
(B)
266.103(c)(2)(ii)
(C)
266.103(c)(2)(ii)
(D)
266.103(c)(2)(ii)
(D)(/)
266.103(c)(2)(ii)
(D){2)
266.1 03(c)(2)(ii)
(D)(3)
266.1 03(c)(2)(ii)
(E)
266.103(c)(2)(ii)
(F)
266.103(c)(2)
(iii)
266.1 03(c)(2)
(iiiHA)
266.103(c)(2)
(iii)(B)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 50 of 113
DCBIF.13 - RcviMd: 2/17/92
PrinUd: 11/5/93
-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
compliance testing under
266.103(b) and
266.103(c)(2) conditions;
case by case approval to
use compliance test data
from one unit in lieu of
testing a similar on-site
unit; information required
to support owner or
operator request; approval
based on 266.103(c)
requirements
1 2 industrial furnaces that
recycle collected
paniculate matter from air
pollution control system
must test to determine
266.106(c) or (d) metals
standards compliance
using one of the following
procedures:
12 266, Appendix IX testing
requirements in
"Alternative Method for
Implementing Metals
Controls"
12
stack emissions testing
for 6 hrs/day while
hazardous waste is
burned during interim
status; conditions for
testing; analysis for
metals content to assure
266.106(c) or (d)
compliance; parameters
for which operating limits
must be established under
266.1 03(c)(3)
CHECKLIST
REFERENCE
85,96
85
85
85
FEDERAL RCRA CITATION
266.103(c)(3)(i)
266.103(c)(3)(ii)
266.103(c)(3)(ii)
(A)
266.103{c)(3)(ii)
(B)
266.103(c)(3)(ii)
(B)(7)
266.103(c)(3)(ii)
(B)(2)
266.103(c)(3)(ii)
(B)(3)
266.103(c)(3)(ii)
(B)(4)
266.103(c)(3)(ii)
(B)(5)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS.
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 51 of 113
DCBIF.13
2/17/92
Printed: 11/5/93
-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
1 2 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 during
conditioning
12 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
1 2 facility to operate under
compliance test
conditions and reach
steady-state operations
before obtaining test data
to demonstrate 266.104-
266.107 emissions
standards compliance or
establishing operating
parameter limits; specific
industrial furnaces need
not reach steady-state
conditions prior to
beginning metals
compliance testing
CHECKLIST
REFERENCE
85
85
85
FEDERAL RCRA CITATION
266.103(c)(3)(ii)
(C)
266.103(c){3)
(iiiMA)
266.103(c)(3)
(iii)(B)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 52 of 113
DCBIF.13 - Rtviwd: 2/17/92
Prinwd: 11/5/93
-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
compliance test data
obtained during emissions
sampling are used to
establish operating
parameter limits in the
certification of compliance
when parameter must be
established as per
266.103(c)(1)
within 90 days of
completing compliance
testing, certification to
Director of compliance
with 266.104(b),(c)&(e),
266.105-266. 107 and
26S.103(a)(5)(i)(D)
emissions standards;
certification must include:
general facility and testing
information
CHECKLIST
REFERENCE
85
85
85
85,94
85
FEDERAL RCRA CITATION
266.103(c)(3)
(iiiHC)
266.103(c)(4)
266.103(c)(4)(i)
266.103(c)(4)(i)
(A)
266.103(c)(4)(i)
(B)
266.103(c){4)(i)
(C)
266.103(c)(4)(i)
(D)
266.103(c)(4)(i)
(E)
266.103(c)(4)(i)
(F)
266.103(c)(4)(i)
(G)
266.103(c)(4)(i)
(H)
266.1 03(c)(4)(i)
(I)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
12
Page 53 of 113
DCBIF.13 - RcviMd: 2/17/92
Printed: 11/5/93
-------
OSWER DIRECTIVE NO. 9541.00-'19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
specific information on
each test
comparison of actual
emissions per test with
emissions limits
prescribed by
266.104(b),(c)&(e) and
266. 105-266. 107 and
established in 266.103(b)
certification of
precompliance
CHECKLIST
REFERENCE
85
85,94
85
85
FEDERAL RCRA CITATION
266.1 03(c)(4)(ii)
266.103(c)(4)(ii)
(A)
266.103(c)(4)(ii)
(B)
266.103(c)(4)(ii)
(B)(7)
266.103(c)(4)(ii)
(B)(2)
266.103(c)(4)(ii)
(B)(3)
266.103(c)(4)(ii)
(3)(4)
266.103(c)(4)(ii)
(B)(5)
266.103(c)(4)(ii)
(B)(6)
266.103(c)(4)(ii)
(B)(7)
266.103(c)(4)(ii)
(B)(8)
266.103(c)(4)(ii)
(B)0)
266.103(c)(4)
(iii)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
j
MORE
STRIN-
GENT
BROADER
IN SCOPE
-
Page 54 of 113
DCBIF.13 - RcviMd: 2/17/92
Print** 11/5/93
-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
determination of operating
limits based on all valid
runs for 266.1 03(c)(1)
parameters using one of
two procedures:
instantaneous limits
hourly rolling average
basis as defined
parameter operating limit
based on compliance test
data and specific average
feed rate limits for
carcinogenic metals and
lead established on either
an hourly rolling average
basis or on (up to) 24
hour rolling average basis;
requirements for 2 to 24
hour average period:
feed rate of each metal
limited to ten times the
allowable hourly rolling
average basis feed rate
specifications the
continuous monitor shall
meet
CHECKLIST
REFERENCE
85
85
85
85
85
85
85
85,94
FEDERAL RCRA CITATION
266.103(0(4)
(iv)
266.103(c)(4)
(iv)(A)
266.103(0(4)
(iv)(B)W
266.103(c)(4)
(iv)(B)(7)(/)
266.103(c)(4)
(iv)(B)( /)(//)
266.103(c)(4)
(iv)(B)(2)
266.103(c)(4)
(iv)(C)
266.103(c)(4)
(iv)(C)(7)
266.103(0(4)
(iv)(C)(2)
266.103(0(4)
(iv)(C)(2)(/)
266.103(0(4)
(iv)(C)(2)(//)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 55 of 113
DCBIF.13 -RcviMd: 2/17/92
Printed: 11/5/93
-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
operating limit for feed
rate of each metal
established based on
compliance test data as
the specified average
feed rate limits for metals.
total chloride and
chlorine, and ash
established and monitored
based on feedstream
concentration and flow
rate; flow rate
continuously monitored as
per 266.1 03(c)(4)(iv)(A)-
(0
language of statement to
accompany the
certification of compliance
if required to comply with
266.104(c) or 266.103(a)
(5)(i)(D) HC controls,
conditioned gas
monitoring system may
be used in conformance
with 266, Appendix IX
specifications, provided
certification of compliance
is submitted without
266. 103(c)(7) time
extension
special operating
requirements for industrial
furnaces that recycle
collected particulate
matter from air pollution
control system:
CHECKLIST
REFERENCE
85
85
•
85
85
85
FEDERAL RCRA CITATION
266.103(0(4)
(iv)(C)(3)
266.103(c)(4)
(iv){D)
266.103(c)t4)
(v)
266.103(c)(5)
266.103(c)(6)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 56 of 113
DC8IF.13 - Rcviwd: 2/17/92
Printed: 11/5/93
-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
266, Appendix IX
operating requirements in
"Alternative Method to
Implement the Metals
Controls" if complying
with 266.1 03(c)(3)(ii)( A)
operating requirements of
266.103(c)(3)(ii)(B) if
complying with that
paragraph
requirements if fail to
submit complete
certification of compliance
for 266.104-266.107
emissions standards by
August 21, 1992:
stop burning hazardous
waste and begin
266. 103(1) closure
limit hazardous waste
burning only for purposes
of compliance testing
(and pretesting to prepare
for compliance testing) to
a total period of 720
hours beginning August
21, 1992; submit
notification to Director by
August 21, 1992, stating
operation under restricted
interim status and
intention to resume
hazardous waste burning;
submit complete
certification of compliance
by August 23, 1 993
obtain case-by-case time
extension under
266.103(c)(7)(ii)
CHECKUST
REFERENCE
85
85
85
85,94
85,94
85
FEDERAL RCRA CITATION
266.103(c)(6)(i)
266.103(c)(6)(ii)
266.103(c)(7)(i)
266.103(c)(7)(i)
(A)
266.103(c)(7)(i)
(B)
266.1 03(c)(7)(i)
(0
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 57 of 113
DCBIF.13
2/17/92
Printed: 11/5/93
-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
condition under which a
case-by-case time
extension may be
requested for any
266.103(c) time limit
in granting extension,
Director may apply
specified conditions
if time extension
requested to obtain RCRA
permit because
266. 1 04(c) HC limit
cannot be met:
what Director shall
consider:
determine if complete Part
B permit application that
includes 270.22(b)
information has been
submitted
consider if good faith
effort to certify
compliance with all other
emission controls has
been made
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:
CHECKUST
REFERENCE
85
85
85
85
85
85,94
85,94
85
FEDERAL RCRA CITATION
266.103(c)(7)(ii)
266.103(c)(7)(ii)
(A)
266.103(c)(7)(ii)
(B)
266.103(c)(7)(ii)
(B)(/)
266.103(c)(7)(ii)
(B)( /)(/)
266.103(c)(7)(ii)
(B)( /)(//)
266.103(c)(7)(ii)
(B)(2)
266.103(0(8)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
11
Page 58 of 113
DCBIF.13 -Rcvind: 2/17/92
Printed: 11/5/93
-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
prior to submittal, may
not burn hazardous waste
for more than 720 hours
under operating
conditions that exceed
those in current
certification of
compliance; such burning
conducted only to
determine if 266.104-
266.107 emissions
standards can be met
under- revised conditions
at least 30 days prior to
first burning under revised
conditions, notify Director
and submit specific
information:
EPA facility ID number,
facility name, contact
person, telephone number
and address
operating conditions
owner/operator is seeking
to revise and description
of changes that prompted
need to revise
determination that under
revised operating
conditions, 266.104-
266.107 standards
unlikely to be exceeded;
266.103(b)(2) information
for documentation
CHECKLIST
REFERENCE
85
85
85
85
85
FEDERAL RCRA CITATION
266.103{c)(8)(i)
266.103(c)(8)(ii)
266.103(c)(8)(ii)
(A)
266.103(c)(8)(ii)
(B)
266.103(c)(8)(ii)
(C)
ANALOGOUS
STATE
CITATION
•
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 59 of 113
DCBIF.13 -tovind: 2/17/92
Printed: 11/5/93
-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
complete emissions
testing protocol for
pretesting and new
compliance test, including
schedule for 266.104-
266.107 emission
standards compliance;
30-day prior written
notice if revision in
compliance test date
conduct compliance test
under revised operating
conditions and submitted
protocol to determine
266.104-266.107
emissions standards
compliance
submit revised
certification of compliance
under 266.103(c)(4)
recertification of
compliance within three
years; if recertification
under new operating
conditions, 266.103(c)(8)
compliance
if noncompliance with
interim status compliance
schedule, burning is to
terminate on date
deadline is missed.
closure to begin under
266.103(1), and no
resumption of burning
except under 270.66
operating permit; criteria
for compliance with
266.103(1), 266. 11 2(d)
(2) and 266.113
provisions
CHECKLIST
REFERENCE
85
85
85
85
85,96
FEDERAL RCRA CITATION
266.103(c)(8)(ii)
(D)
266.103(c)(8)
(iii)
266.103(c)(8)
(iv)
266.103(d)
266.103(e)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 60 of 113
DCBIF.13 -RcviMd: 2/17/92
Printed: 11/5/93
-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
no hazardous waste as
feed during start-up and
shut-down unless device
is operating within
certification conditions
during 266.103(c)(3)
compliance test and upon
certification of
compliance, automatic
waste feed cutoff
required; additional
requirements include:
maintenance of minimum
combustion chamber
temperature while
hazardous waste or
residues remain in
chamber to minimize
emissions of organic
compounds
if compliance with
combustion chamber
temperature limit is based
on hourly rolling average,
minimum temperature
during compliance test is
averaged over all runs of
the lowest hourly rolling
average for each run
if compliance with
combustion chamber
temperature limit is based
on instantaneous
temperature
measurement, minimum
temperature during
compliance test is time-
weighted average during
all test runs
CHECKLIST
REFERENCE
85
85
85,94
85
85
FEDERAL RCRA CITATION
266.103(f)
266.103(g)
266.103(g)(1)
266.103(g)(1)(i)
266.103(g)(1)
(ii)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 61 of 113
DCBIF.13 -R«viMd: 2/17/92
Printed: 11/5/93
-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
continued monitoring of
operating parameters with
limits during cutoff; no
restart of hazardous
waste feed until
parameters comply with
limits established in
compliance certification
requirements for
controlling fugitive
emissions
cease burning hazardous
waste when changes in
combustion properties,
feed rates, feed
stocks/fuels or design or
operating conditions
deviate from limits
specified in compliance
certification
owner or operator, while
burning hazardous waste,
must monitor and record:
specified feed rates and
composition of specified
materials to ensure
conformance with
aerification
CO, HC and oxygen on a
continuous basis as
specified; monitors
installed, operated and
maintained as per 266,
Appendix IX methods
CHECKLIST
REFERENCE
85
85
85
85
85
85
FEDERAL RCRA CITATION
266.103(g)(2)
266.103{h)
266.103(h)(1)
266.103(h)(2)
266.103(h)(3)
266.103(i)
266.103(j)(1)
266.103(j)(1){i)
266.103(j)(1)(ii)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 62 of 113
DCBIF.13
R*viMd: 2/17/92
Printed: 11/5/93
-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
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 log
all 266.103-required
information and data kept
in facility operating record
until closure of the boiler
or industrial furnace unit
remove all hazardous
waste and hazardous
waste residues at closure
and comply with
265.111-265.115
CHECKLIST
REFERENCE
85
85
85
85
85,96
85
FEDERAL RCRA CITATION
266.103(j)(1)(iii)
266.103(j)(2)
266.1 03(j)(3)
266.103(j)(4)
266.10300
266.103(1)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
. STRIN-
GENT
...
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 63 of 113
DCBIF.13 -R*viMd: 2/17/92
Printed: 11/5/93
-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
. STRIN-
GENT
MORE
STRIN-
GENT
BROADER
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; DRE equation
POHC compliance with
DRE requirements to be
demonstrated in trial burn
in conformance with
270.66 procedures;
designation of POHCs for
each waste feed by
Director based on degree
of difficulty of destruction
and on waste feed
concentrations
considering analyses
submitted with Part B;
261, Appendix VIII
compounds unless
demonstration of other
compound is suitable
indicator of 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 such wastes
owners and operators of
boilers operating under
266. 110 requirements are
exempt from DRE trial
burn
85,94
-
85
85,94
85
266.104(a)(1)
266.104(a)(2)
266.104(a)(3)
266.104(a)(4)
/
Page 64 of113
DCBIF.13 - FfeviMd: 2/17/92
Printed: 11/5/33
-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
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 1 00 ppmv on an
hourly rolling average
basis, continuously
corrected to 7% oxygen,
dry gas basis
continuous monitoring of
CO and oxygen in
conformance with 266,
Appendix IX
specifications
demonstration of 100
ppmv CO compliance
during trial burn or
compliance test; highest
hourly rolling average CO
must not exceed 1 00
ppmv
stack gas concentration
of CO may exceed 1 00
ppmv if HC
concentrations do not
exceed 20 ppmv;
exception under
266.104(f)
HC limits established on
hourly rolling average
basis, reported as
propane, continuously
corrected to 7% oxygen,
dry gas basis
CHECKLIST
REFERENCE
85
85
85,94
85
85
85
FEDERAL RCRA CITATION
266.104(a)(5)
266.104(b)(1)
266.104(b)(2)
266.104(b)(3)
266.104(c)(1)
266.104(c)(2)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 65 of 113
DCBIF.13 - R*vi**d: 2/17/92
Printed: 11/5/93
-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
HC continuously
monitored under 266,
Appendix IX
specifications; CO and
oxygen continuously
monitored under
266.104(b)(2)
alternative CO standard
based on trial burn data
(new facility) and
compliance test (interim
status facility); definition
and implementation
industrial furnaces that
feed hazardous waste for
purpose other than solely
as an ingredient at any
location other than end
where products are
normally discharged and
fuels are normally fired
must comply with
266.104(c) or (f)
hydrocarbon limits,
irrespective of whether
266.104(b) standard is
met
site-specific risk
assessment for specific
boilers and industrial
furnaces to demonstrate
that chlorinated dibenzo-
p-dioxins and
dibenzofurans emissions
do not result in increased
lifetime cancer risk
exceeding 1 in 100,000
MEI; assessment
requirements:
CHECKLIST
REFERENCE
85,94
85
.
85
85
FEDERAL RCRA CITATION
266.104(c)(3)
266.104(c)(4)
266.104(d)
266.104(6)
ANALOGOUS
STATE
CITATION
I
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 66 of 113
DCBIF.13 -R*viMd: 2/17/92
Printed: 11/5/93
-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
determine emission rates
of certain tetraocta
congeners during trial
burn or compliance test
using 266, Appendix IX
Method 23
estimate 2,3,7,8-TCDD
toxicity equivalence of
specified congeners using
266, Appendix IX
procedures; formula for
estimation of equivalent
emission rate
conduct dispersion
modeling using
recommended methods to
predict maximum annual
average off-site ground
level concentrations of
2,3,7,8-TCDD
equivalents; maximum
annual average on-site
concentration used when
a person resides on-site
specified 2,3,7,8-TCDD
ratio shall not exceed 1 .0
for industrial furnaces
that cannot meet the 20
ppmv HC limit because of
organic matter in raw
material, Director may
establish alternative HC
limit on case-by-case
basis; cement kilns
equipped with by-pass
duct meeting 266.104(g)
requirements not eligible
for alternative limit
CHECKLIST
REFERENCE
85,94
85,94
85
85,94,96
85
FEDERAL RCRA CITATION
266.104(e)(1)
266.104(e)(2)
266.104(e)(3)
266.104(e)(4)
266.104(f)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 67 of 113
DCBIF.13
RcviMd: 2/17/92
Printed: 11/5/93
-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
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
identify types and
concentrations of 261,
Appendix VIII organic
compounds that are
emitted; conduct
dispersion modeling; on-
site ground level
concentrations evaluated
if person resides on-site
CHECKLIST
REFERENCE
85
85
85
85
85
85,94
85
FEDERAL RCRA CITATION
266.104{f)(1)
266.104(f){2)
266.104(f)(3)
266.104(f)(3)(i)
266.104(f)(3)(ii)
266.104(f)(3)
(iii)
266.104(f)(3)
(iii)(A)
266.104(f)(3)
(iii)(B)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS: _
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
-
Page 68 of 113
DCBIF.13 -FUviMd: 2/17/92
Primed: 11/5/93
-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
demonstrate that
maximum annual average
ground level
concentrations of
266.104(f)(3)(iii)
compounds do not exceed
specified levels
monitor and report all
266.104(f) hydrocarbon
levels as 266.104(c)
(1)&(2) specify
cement kilns may comply
with CO and HC limits
under 266.104(b)-(d) by
monitoring in the by-pass
duct provided:
fire hazardous waste only
into the kiln
1 3 by-pass duct diverts
minimum of 10% of kiln
off-gas into duct
simultaneous
demonstration of
266.104 compliance by
emissions testing or
during separate runs
under identical operating
conditions; data to
demonstrate compliance
with CO and HC limits or
to establish alternative
limits must be obtained
during DRE testing,
CDD/CDF testing and
comprehensive organic
emissions testing
CHECKLIST
REFERENCE
85
85
85
85
85,94
85
FEDERAL RCRA CITATION
266.104(f){3)
(iv)
266.104(f)(3)
(iv)(A)
266.104(f)(3)
(iv)(B)
266.l04(f)(3)
(iv)(C) .
266.104(f)(4)
266.104(g)
266.104(g)(1)
266.1 04(g){2)
266.104(h)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 69 of 113
DCBIF.13 -toviMd: 2/17/92
Print** 11/5/93
-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
compliance with permit
operating requirements
regarded as compliance
with 266.104; if such
compliance is insufficient,
modification or revocation
and reissuance of permit
under 270.41
CHECKLIST
REFERENCE
85
FEDERAL RCRA CITATION
266.104(1)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
STANDARDS TO CONTROL PARTICULATE MATTER
paniculate matter
emissions limited to 1 80
milligrams per dry
standard cubic meter
after specified correction
using Part 60, Appendix
A, Methods 1-5 and 266,
Appendix IX procedures
owner or operator
meeting 266.109(b)
requirements for low risk
waste exemption is
exempt from particulate
matter standard
compliance with permit
operating requirements
regarded as compliance
with 266.105; if such
compliance is insufficient,
modification or revocation
and reissuance of permit
under 270.41
85
85
85
266.105(a)
266.105(b)
2S6.105(c)
STANDARDS TO CONTROL METALS EMISSIONS
compliance with
266.106(b), (c), (d), (e),
or (f) for each 266.1 06(b)
metal that is detectable in
waste using specified
procedures
85,94
266.106(a)
Page 70 of 113
DCBIF.13 - toviMd: 2/17/92
Printed: 11/5/93
-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
Tier I feed rate screening
limits for metals specified
in 266, Appendix I as a
function of terrain-
adjusted effective stack
height and terrain and
land use in facility
vicinity; criteria for
ineligible facilities in
266.107(b)(7)
feed rates of antimony,
barium, lead, mercury,
thallium and silver in all
feedstreams shall not
exceed 266, Appendix I
screening limits
what feed rate screening
limits for antimony,
barium, mercury, thallium,
and silver are based on
what feed rate screening
limit for lead is based on
feed rates of arsenic,
cadmium, beryllium and
chromium in all
feedstreams shall not
exceed values derived
from 266, Appendix I
screening limits; feed rate
limit equation
CHECKLIST
. REFERENCE
85
85
85
85
85,94
FEDERAL RCRA CITATION
266.106(b)
266.106{b)(1)
266.106(b)(1)(i)
266.1 06(b)(1)(i)
(A)
266.106(b)(1)(i)
(B)
266.106(b)(1)
(ii) '
266.106(b)(1)
(ii)(A)
266.106(b)(1)
(ii)(B)
266.106(b)(1)
(ii)(C)
266.106(b)(2)(i)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 71 of 113
DCBIF.13 - Raviwd: 2/17/92
Printed: 11/5/93
-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
what feed rate screening
limits for carcinogenic
metals are based on
equation for terrain-
adjusted effective stack
height (TESH)
stack height may not
exceed 40 CFR 51.100(ii)
good engineering practice
If TESH for a particular
facility is not listed in
table in appendices,
nearest lower TESH to be
used; if TESH < 4
meters, a value of 4
meters shall be used
screening limits function
of noncomplex or
complex terrain; criteria;
use U.S. Geological
Survey 7.5-minute
topographic maps
screening limits function
of urban or rural land use;
determination using 266,
Appendices IX or X
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
CHECKLIST
REFERENCE
85
85,94
85
85
85
85
85,94
85,94
FEDERAL RCRA CITATION
266.106(b)(2)
(ii)
266.106{b)(2)
(iiXA)
266.106(b)(2)
(ii)(B)
266.106(b)(3)(i)
266.106(b)(3)
(ii)
266.106(b)(3)
(iii)
266.106(b)(4)
266.106(b)(5)
266.106(b)(6)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
.GENT
'
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 72 of 113
DCBIF.13 -RcviMd: 2/17/92
Printed: 11/5/93
-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
criteria under which Tier
III standards apply instead
of Tier I and Tier II
screening limits
monitor feed rate of
metals in each feedstream
to ensure screening limits
are not exceeded
Tier II emission rate
screening limits function
of stack height and terrain
and land use in facility
vicinity; ineligible facilities
comply with 266.106(b)
(7) criteria
emission rates of
antimony, barium, lead,
mercury, thallium and
silver shall not exceed
266, Appendix I screening
limits
emission rates of arse.iic,
cadmium, beryllium and
chromium shall not
exceed values derived
from 266, Appendix I
screening limits; emission
rate equation
CHECKLIST
REFERENCE
85
85
85
85
85,94
FEDERAL RCRA CITATION
266.106(b)(7)
266.106(b)(7)(i)
266.106(b)(7)
(ii>
266.106(b)(7)
(iii)
266.106(b)(7)
(iv)
266.106(b)(7)
(v)
266.106(b)(8)
266.106(c)
266.106(c)(1)
266.106(0(2)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 73 of 113
DCBIF.13
R*viMd: 2/17/92
Printed: 11/5/93
-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
emission rate limits
implemented by limiting
individual metal feed rates
to trial burn or compliance
test levels; averaging
periods; monitoring of
metals feed rate in each
feedstream to ensure
compliance with 266.102
or 266.103 limits
266.106(b) definitions
and limitations for
specified terms also apply
to 266.106(c) Tier II
emission rate screening
limits
facilities with multiple
stacks must comply with
emissions screening limits
for any such stacks
assuming all hazardous
waste is fed into device
with worst-case stack
worst-case stack
determined by 266.106(b)
(6) procedures
for each metal, total
emissions from those
stacks shall not exceed
worst-case stack
screening limit
conformance with Tier III
metals control
demonstrated by
emissions testing, air
dispersion modeling and
demonstration that
acceptable ambient levels
are not exceeded
CHECKLIST
REFERENCE
85
85
85
85
85
85
FEDERAL RCRA CITATION
266.106(c)(3)
266.1 06(c)(4)
266.106(c)(5)(i)
266.106(c)(5)(ii)
266.106(c)(5)
(iii)
266.106(d)(1)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 74 of 113
DCBIF.13
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OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
266, Appendices IV and
V list acceptable ambient
levels; RACs listed for
noncarcinogenic metals
and 1 0'5 RSDs listed for
carcinogenic metals; RSD
defined
sum of the ratios of
predicted ambient
concentrations to risk-
specific dose for all
carcinogenic metals
emitted shall not exceed
1 .0; equation
for noncarcinogenic
metals, predicted
maximum annual average
off-site ground level
concentration shall not
exceed the RAC
owners/operators with
multiple stacks must
conduct emissions testing
and dispersion modeling
to demonstrate 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
asunder 266.106(b)(1)(i)-
(ii) and (b)(2)(ii); monitor
metals feed rate in each
feedstream to ensure
266. 102 or 266.103
compliance
CHECKLIST
REFERENCE
85
85,94
85
85
85
FEDERAL RCRA CITATION
266.106(d)(2)
266.106(d)(3)
266.106(d)(4)
266.106(d)(5)
266.106(d)(6)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 75 of 113
DC8IF.13 -RcviMd: 2/17/92
Printed: 11/5/93
-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
Adjusted Tier I feed rate
screening limits to
account for site-specific
dispersion modeling; how
to estimate adjusted feed
rate; feed rate screening
limits for carcinogenic
metals implemented under
266.106(b)(2)
alternative implementation
approaches approved by
Director on a case-by-
case basis for Tier II or III
metals emission limits
determination of
266.106(d) emissions
limits for each
noncarcinogenic and
carcinogenic metal
use 266, Appendix IX
Multiple Metals Train to
conduct emissions testing
chromium emissions
assumed to be hexavalent
chromium unless owner/
operator determines
otherwise
dispersion modeling
conducted according to
specified methods to
predict maximum annual
average off-site ground
level concentration; on-
site concentrations when
person resides on-site
CHECKLIST
REFERENCE
85,94
85
85
85,94
85
85,94
85
85
85
FEDERAL RCRA CITATION
266.106(e)
266.106(f)(1)
266.106(f)(2)
266.106(f)(2)(i)
266.106(f)(2)(ii)
266.106(f)(2)(ii)
(A)
266.106(f)(2)(ii)
(B)
266.106(g)(1)
266.106(g){2)
266.106(h)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
—
Page 76 of 113
DCBIF.13
- RaviMd: 2/17/92
Print** 11/5/93
-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
compliance with 266.102
permit operating
requirements regarded as
266.106 compliance
unless evidence indicates
otherwise; modification or
revocation and re-
issuance of permit under
270.41
CHECKLIST
REFERENCE
85
FEDERAL RCRA CITATION
266.106(1)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
STANDARDS TO CONTROL HYDROGEN CHLORIDE (HCI) AND CHLORINE GAS (CU EMISSIONS
compliance with HCI and
CI2 controls under
266.107(b) or (c)
Tier 1 feed rate screening
limits for total chlorine
specified in 266,
Appendix II as a function
of stack height and terrain
and land use in facility
vicinity; feed rate of total
chlorine and chloride in all
feedstreams not to
exceed specified levels
Tier II emission rate
screening limits for HCI
and CI2 specified in 266,
Appendix III as a function
of terrain-adjusted
effective stack height and
terrain and land use in
facility vicinity; stack
emission rates not to
exceed specified levels
266.106(b) definitions
and limitations for
specified terms also apply
to 266.107(b) screening
limits
85,94
85
85,94
85,94
266.107(a)
266.107(b)(1)
266.107(b)(2)
266.107(b){3)
4
Page 77 of 113
DCBIF.13
RcviMd: 2/17/92
Printed: 11/5/93
-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
facilities with multiple
stacks subject to HCI or
CI2 emissions controls
must comply with Tier I
and II screening limits
assuming all hazardous
waste is fed into device
with worst-case stack
worst-case stack
determined by 266.106{b)
(6) procedures
under Tier I, total feed
rate of chlorine and
chloride to all subject
devices not to exceed
worst-case stack
screening limit
under Tier II, total HCI
and CI2 emissions from all
subject stacks not to
exceed worst-case stack
screening limit
conformance with Tier III
controls demonstrated by
HCI and CI2 emissions
testing, air dispersion
modeling, and
demonstration that
acceptable ambient levels
are not exceeded
266, Appendix IV lists
RACs for HCI and CI2
CHECKLIST
REFERENCE
85
85
85
85
85
85
FEDERAL RCRA CITATION
266.107(b)(4)
266.107(b)(4)(i)
266.107(b)(4)
(ii)
266.107(b)(4)
(iii)
266.107(c)(1)
266.107(0(2)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 78 of 113
DCBIF.13 -toviMd: 2/17/92
PrinUd: 11/5/93
-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
facilities with multiple
stacks subject to HCI or
CI2 emissions controls
must conduct emissions
testing and dispersion
modeling to demonstrate
that aggregate emissions
do not exceed acceptable
ambient levels for HCI and
CI2
HCI and CI2 controls
implemented by limiting
feed rate of total chlorine
and chloride in all
feedstreams; feed rate
under Tier 1 limited to Tier
1 screening limits; feed
rate under Tiers II and III
limited to trial burn or
compliance test feed
rates; feed rate limits
based on:
adjusted Tier 1 feed rate
screening limits to
account for site-specific
dispersion modeling; how
to determine these
adjusted rates
emissions testing for HCI
and CI2 conducted using
266, Appendix IX
procedures
dispersion modeling
conducted according to
266.106(h) provisions
CHECKLIST
REFERENCE
85
85
85,94
85
85
85
FEDERAL RCRA CITATION
266.107(c)(3)
266.107(d)
266.107(d)(1)
266.1 07(d)(2)
266.107(6)
266.107(f)
266.107(g)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 79 of 113
DCBIF.13 -R*viMd: 2/17/92
Printed: 11/5/93
-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
compliance with 266.102
permit operating
requirements regarded as
266.107 compliance
unless evidence indicates
otherwise; modification or
revocation and re-
issuance of permit under
270.41
CHECKLIST
REFERENCE
85
FEDERAL RCRA CITATION
266.107{h)
ANALOGOUS
STATE
CITATION
I
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
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 Subpart H
requirements provided:
quantity of hazardous
waste burned for a
calendar month does not
exceed limits shown in
table titled "Exempt
Quantities for Small
Quantity Burner
Exemption" based on
266. 106(b)(3) terrain-
adjusted effective stack
height; table
maximum hazardous
waste firing rate does not
exceed 1 % of total fuel
requirements on a total
heat input or mass input
basis, whichever results
in the lower mass feed
rate of hazardous waste
minimum heating value of
5,000 Btu/lb
does not contain F020-
F023, F026 or F027
85,94
85,94
85,96
85
85
266.108(a)
266.108(a)(1)
266.108(a)(2)
266.108(a)(3)
266.108(a)(4)
Page 80 of 113
DCBIF.13 - Rcvmd: 2/17/92
Printed: 11/5/93
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OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
if mixed with non-
hazardous waste,
compliance with
266.108(a) quantity
before mixing
equation for implementing
266.108(a)(1) quantity
limits if burning in more
than one exempt on-site
boiler or industrial furnace
one-time signed, written
notification requirements
for small quantity burner
exemption
maintain for at least 3
years sufficient records
documenting quantity
firing rate and heating
value limits compliance,
including quantity burned
per calendar month and
heating value
CHECKLIST
REFERENCE
85
85,94
85
85
FEDERAL RCRA CITATION
266.108(b)
266.108(c)
266.108(d)
266.108(d)(1)
266.108(d)(2)
266.108(d)(3)
266.108(e)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
LOW RISK WASTE EXEMPTION
waiver of 266.104(a) DRE
standard if device is
operated in conformance
with 266.109(a)(1) and
burning will not result in
unacceptable adverse
health effects as per
266.109(a)(2) procedures
85
266.109(a)
Page 81 of 113
DCBIF.13
RcviMd: 2/17/92
Printed: 11/5/93
-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
operating requirements
for device
procedures to
demonstrate that
hazardous waste burning
will not pose
unacceptable adverse
public health effects
conditions under which
the 266.105 particulate
matter standard is waived
CHECKLIST
REFERENCE
85
85,94,96
85
85
85,94
85
85
85,94
FEDERAL RCRA CITATION
266.109(a)(1)
266.109(a)(1)(i)
266.109(a)(1)(ii)
266.109(a)(1)
(iii)
266.109(a)(1)
(iv)
266.109(a)(2)
266.109(a)(2)(i)
266.109(a)(2)(ii)
266.109(a)(2)
(Hi)
266.109(a)(2)
(iiiXA)
266.109(a}(2)
(iiiXB)
266.109(a)(2)
(iv)
266.109(a)(2)
(iv)(A)
266.109(a)(2)
(iv)(B)
266.109(a)(2)
(iv)(C)
266.109(b)
266.109(b)(1)
266.109(b)(2)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 82 of 113
DCBIF.13 - Rcvind: 2/17/92
PrwtWd: 11/5/93
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OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
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 standard,
and trial burn to
demonstrate DRE is
waived; when burning
hazardous waste:
"primary fuel" defined;
minimum of 50% primary
fuel firing rate,
determined orv total heat
or mass input basis,
whichever results in the
greater mass feed rate
boiler load defined and
not less than 40%
minimum as-fired heating
value of 8,000 Btu/lb
conformance with
266.104(b)(1) carbon
monoxide standard;
boilers subject to
266.1 10 DRE waiver not
eligible for 266.1 04(c)
alternative carbon
monoxide standard
boiler must be water-tube
type that does not feed
fuel using a stoker or
stoker type mechanism
85
85,96
85
85
85
85
266.110
266.110(a)
266.110(b)
266.110(c)
266.110(d)
266.110(e)
Page 83 of 113
DCBIF.13 -RcviMd: 2/17/92
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OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
conditions under which
hazardous waste shall be
fired directly into primary
fuel flame zone of
combustion chamber with
an air or steam,
mechanical or rotary cup
atomization system
CHECKLIST
REFERENCE
85
85,94
85
FEDERAL RCRA CITATION
266.110(f)
266.110(f)(1)
266.1 10(f)(2)
266.110(f){3)
266.110(f)(4)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
STANDARDS FOR DIRECT TRANSFER
266.111 regulations
apply to boilers and
industrial furnaces subject
to 266. 102 or 266. 103 if
direct transfer of
hazardous waste from
transport vehicle to boiler
or industrial furnace
without use of storage
unit
for 266.1 1 1 , terms have
meanings given in
266.1 11(b)(1)
"direct transfer
equipment"
"container"
"tank systems" means
direct transfer equipment
when Subparts I and J of
Parts 264 and 265 are
referenced
no direct transfer of
pumpable hazardous
waste from open-top
container to boiler or
industrial furnace
direct transfer equipment
requirements
85
85
85
85
85
85
85
266.111(a)
266.1 11(b)(1)
intro
266.1 11(b)(1)
266.1 11{b)(1)
266.1 11(b)(2)
266.111(0(1)
266.111(0(2)
_
Page 84 of 113
DCBIF.13 - toviMd: 2/17/92
Printed: 11/5/93
-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
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 prevent spills
and overflows from direct
transfer equipment or its
secondary containment
system
applying 266.1 1 1 (b)(1)
definition of container,
owners and operators
must comply with:
264.175 containment
requirements
CHECKLIST
REFERENCE
85
85
85
85
85
FEDERAL RCRA CITATION
266.111(0(3)
266.1 11(c)(3)(i)
266.1 11(c)(3)(ii)
266.1 11(c)(3)
(iii)
266.1 11(c)(3)
(iv)
266.111(0(3)
(v)
266.1 11(c)(3)
(vi)
266.1 11(c)(4)
266.1 11(c)(5)
266.1 11(c)(5)(i)
266.1 11(c)(5)(ii)
266.1 11(d)
266.1 11(d)(1)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 85 of 113
DCBIF.13 - R*viMd: 2/17/92
Primed: 11/5/93
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OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
use and management
requirements of Subpart 1,
Part 265 requirements,
except 265.170 and
265.174; compliance
with specified
maintenance and
protective distances in
lieu of 265.176
requirements; written
certification by local fire
marshal! to be kept on file
264.178 closure
requirements
direct transfer equipment
must meet following
requirements:
secondary containment
requirements for new and
existing equipment
for existing direct transfer
equipment without
secondary containment.
determination whether
leaking or unfit for use;
written assessment.
reviewed and certified by
qualified, registered
professional engineer in
accordance with
270.11(d) by August 21,
1992
CHECKLIST
REFERENCE
85,96
85
85
85
•
85
FEDERAL RCRA CITATION
266.1 11(d)(2)
266.1 11(d){3)
266.111(6)
266.111(6X1)
266.1 11(e)(1 Hi)
266.1 11(e)(1)(ii)
266.1 11(e)(2)(i)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 86 of 113
DCBIF.13 - RcviMd: 2/17/92
Printed: 11/5/93
-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
minimum considerations
for assessment
if, due to 266.111(e) (2)
(i)&(ii) assessment, direct
transfer equipment found
to be leaking or unfit for
use, compliance with
265.196(a) and (b)
inspection requirements
at least once each
operating hour when
transferring hazardous
waste from container to
boiler or industrial furnace
inspect cathodic
protection systems to
ensure 265.195(b)
compliance
records of inspections
maintained in operating
record for at least 3 years
265.192 compliance for
design and installation of
new ancillary equipment
CHECKLIST
REFERENCE
85
85
85
85
85
85
FEDERAL RCRA CITATION
266.1 11(e)(2)(ii)
266.1 11(e)(2)(ii)
(A)
266.1 11(e)(2)(ii)
(B)
266.1 11(e)(2)(ii)
(0
266.1 11(e)(2)(ii)
(D)
266.1 11(e)(2)(ii)
(E)
266.111(e)(2)
(iii)
266.1 11(e)(3)(i)
266.1 11(e)(3)(i)
(A)
266.1 11(e)(3)(i)
(B)
266.1 11(e)(3)(i)
(C)
266.1 11(e)(3)(ii)
266.1 11(e)(3)
(iii)
266.1 11(e)(4)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 87 of 113
DCBIF.13 -RcviMd: 2/17/92
Prim«d: 11/5/93
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OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
.Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
265.196 compliance for
response to leaks or spills
265.197 closure
compliance, except
265.197(c)(2H4)
CHECKLIST
REFERENCE
85
85
FEDERAL RCRA CITATION
266.1 11(e)(5)
266.1 11(e)(6)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
15 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
viormal residue for 261 ,
Appendix VIII
constituents; procedures
to be used
85,94
85
85,96
85
85
85
266.112
266.112(a)
266.1 12(a)(1)
266.112(a)(2)
266.112(a)(3)
266.112(b)
266.1 12(b)(1)
16
Page 88 of 113
DCBIF.13 - RtviMd. 2/17/92
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OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
determination of
concentrations of toxic
constituents of concern in
normal residue based on
analyses of a minimum of
1 0 samples representing a
minimum of 10 days of
operation; determine
compositing period not to
exceed 24 hours; upper
tolerance limit (at 95%
confidence with a 95%
proportion of the sample
distribution) for the
statistically-derived
concentration; when to
revise; how to determine
the upper tolerance limit
1 6 sampling and analysis of
waste-derived residue to
determine whether
residue generated during
each 24-hour period has
concentrations of toxic
constituents higher than
266.112(b)(1)(i) normal
residue concentrations; if
so, residue not excluded
from definition of
hazardous waste; toxic
constituent
concentrations based on
analysis of samples
obtained over 24-hour
period; for multiple
samples, concentration of
toxic constituent is
arithmetic mean; no
results may be
disregarded
CHECKLIST
REFERENCE
85,96
85,96
FEDERAL RCRA CITATION
-
266.1 12(b)(1)(i)
266.1 12(b)(1)
(ii)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
'»
Page 89 of 113
DC8IF.13 - R*viMd: 2/17/92
Printed: 11/5/93
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OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
concentration of nonmetal
toxic constituents of
concern in waste-derived
residue must not exceed
health-based limits
specified in 266,
Appendix VII; if no limit in
Appendix VII, limit is
0.002 mg/kg or level of
detection, whichever is
higher
for metal constituents, in
extract concentration
obtained using 261.24
TCLP not to exceed 266,
Appendix VII limits
sampling and analysis of
waste-derived residue to
determine whether
residue generated during
each 24-hour period has
concentrations of toxic
constituents higher than
health-based levels;
determination of toxic
concentrations based on
analysis of one or more
samples obtained over
24-hour period; for
multiple samples.
concentration of toxic
constituent is arithmetic
mean of concentrations in
samples; no results may
be disregarded
records to document
266.1 1 2 compliance to
be retained until closure
of boiler or industrial
furnace unit; information
to be recorded
CHECKLIST
REFERENCE
85
85
.
96
85,96
85
FEDERAL RCRA CITATION
266.112(b)(2)(i)
266.1 12(b)(2)
(ii)
266.1 12(b)(2)
(iii)
266.112(c)
266.1 12(c)(1)
266.112(c)(2)
266.112(c)(2)(i)
266.112(c)(2)(ii)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 90 of 113
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CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
APPENDIX I TO PART 266
TIER I AND TIER II FEED RATE AND EMISSIONS SCREENING LIMITS FOR METALS
Tier I and Tier II Feed
Rate and Emissions
Screening Limits for
Noncarcinogenic Metals
for Facilities in
Noncomplex Terrain (see
56 FR 7728 and 56 FR
32690, or the July 1 ,
1992CFR)
Tier I and Tier II Feed
Rate and Emissions
Screening Limits for
Noncarcinogenic Metals
for Facilities in
Noncomplex Terrain (see
56 FR 7229)
Tier I and Tier II Feed
Rate and Emissions
Screening Limits for
Noncarcinogenic Metals
for Facilities in Complex
Terrain (see 56 FR 7729)
Tier I and Tier II Feed
Rate and Emissions
Screening Limits for
Carcinogenic Metals for
Facilities in Noncomplex
Terrain (see 56 FR 7230
and 56 FR 32690, or the
July 1. 1992CFR)
Tier I and Tier II Feed
Rate and Emissions
Screening Limits for
Carcinogenic Metals for
Facilities in Complex
Terrain (see 56 FR 7230
and 56 FR 32690, or the
July 1, 1992CFR)
85,94
85
85
85,94
85,94
Appendix I/
Table I-A
Appendix I/
Table I-B
Appendix I/
Table I-C
Appendix I/
Table I-D
Appendix I/
Table I-E
Page 91 of 113
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OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
APPENDIX II TO PART 266
TIER I FEED RATE LIMITS FOR TOTAL CHLORINE
17
Tier 1 feed rate screening
limits for chlorine for
facilities in noncomplex
and complex terrain (see
56 FR 32690-32691 or
the July 1 , 1 992 CFR)
85,94
Appendix II
APPENDIX III TO PART 266
TIER II EMISSION RATE SCREENING LIMITS FOR FREE CHLORINE AND HYDROGEN CHLORIDE
1 7 Tier II emissions screening
limits for CI2 and HCI in
noncomplex and complex
terrain (see 56 FR 32691
or the July 1 , 1 992 CFR)
85,94
Appendix III
APPENDIX IV TO PART 266
REFERENCE AIR CONCENTRATIONS
Constituents, CAS Nos.
and RAC (see 56 FR
7232 and 56 FR 32691
or the July 1, 1992 CFR)
85,94
Appendix IV
APPENDIX V TO PART 266
RISK SPECIFIC DOSES
Constituents, CAS Nos.,
Unit risk and RsD (see 56
FR 7232-7233 or the July
1 , 1 992 CFR)
85
Appendix V
APPENDIX VI TO PART 266
STACK PLUME RISE
flow rates and exhaust
temperatures (see 56 FR
7233-7234 or the July 1 ,
1992 CFR)
85
Appendix VI
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OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
APPENDIX VII TO PART 266
HEALTH-BASED LIMITS FOR EXCLUSION OF WASTE-DERIVED RESIDUES
Metals-TCLP Extract
Concentration Limits (56
FR 7234 and 56 FR
32691 or the July 1,
1992CFR)
Nonmetals-Residue
Concentration Limits (see
56 FR 7234 and 56 FR.
32691 or the July 1,
1992CFR)
85,94
85,94
Appendix VII
Appendix VII
APPENDIX 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
or the July 1 , 1 992 CFR)
85,94
Appendix VIII
APPENDIX IX TO PART 266
METHODS MANUAL FOR COMPLIANCE WITH BIF REGULATIONS
1 8 Burning Hazardous Waste
1 9 in Boilers and Industrial
Furnaces (see 56 FR
32692-32795 or the July
1, 1992 CFR)
1 8 Statistical Methodology
20 for Bevill Residue
Determinations (see 56
FR 4251 6 & 4251 7)
1 8 Special procedures for
chlorine, HCI and CL2 (see
56 FR 32786-32787 and
56 FR 42512, Corrections
6 and 7 under Part 270;
note these corrections
should have been placed
under Part 266)
85,94
85,94,96
85,94,96
Appendix IX
Appendix IX/
Section 7.0
Appendix IX/
Section 9.2
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CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
21 Statistics (see 56 FR
32796 or the July 1,
1992 CFR)
CHECKLIST
REFERENCE
85,94
FEDERAL RCRA CITATION
Appendix A to
Appendix IX
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
21
APPENDIX X TO PART 266
GUIDELINE ON AIR QUALITY MODELS (REVISED)
Guideline on Air Quality
Models (see 56 FR
32796-32819 or the July
1, 1992 CFR)
Summaries of Preferred
Air Quality Models (see
56 FR 328 19-32828 or
the July 1 , 1 992 CFR)
Summaries of Alternative
Air Quality Models (see
56 FR 32828-32849) or
the July 1 , 1 992 CFR
Example Air Quality
Analysis Checklist (see 56
FR 32849-32852 of the
July 1, 1992 CFR)
85,94
85,94
85,94
85,94
Appendix X
Appendix A to
Appendix X
Appendix B to
Appendix X
Appendix C to
Appendix X
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
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OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
APPENDIX 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:
THE HAZARDOUS WASTE PERMIT PROGRAM
SUBPART B - PERMIT APPLICATION
22 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
waiver of trial burn to
demonstrate conformance
with a particular emission
standard under 266.104-
266. 107 and 270.22(a)
C2)-(a)(5)
data in lieu of a trial burn
as 270.22(a)(6) specifies
85
85
85
270.22(a){1)
270.22(a)(1)(i)
270.22(a)(1){ii)
Page 95 of 113
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OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
boiler owners and
operators seeking to be
permitted under
266.104(a)(4) and
266.110, must submit
documentation showing
boiler compliance with
special operating
requirements at 266.1 10;
trial burn waived
information that must be
submitted for boilers and
industrial furnaces
seeking to be permitted
under the low risk waste
provisions of 266.104(a)
(5) and 266.109(a)
without a trial burn
information that must be
submitted when seeking
to be permitted under Tier
I metals feed rate
screening limits at
266.106(b)&(e) without a
trial burn
CHECKLIST
REFERENCE
85
85
85,94
85
85
FEDERAL RCRA CITATION
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)(2)(ii)
(C)
270.22(a)(2)(ii)
(D)
270.22(a)(2)(ii)
(E)
270.22(a)(3)
270.22(a)(3)(i)
270.22(a)(3)(ii)
270.22(a)(3)(iii)
270.22(a)(3)(iv)
270.22(a)(3)(v)
270.22(a)(3)(vi)
270.22(a)(3)(vii)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
—
Page 96 of 113
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OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
when seeking to be
permitted under the low
risk waste provisions of
266.109(b) which waives
the particulate standard,
submit documentation
supporting 270.22(a)(2)
(ii) and (a)(3)
conformance
information to be
submitted when seeking
to be permitted under Tier
I feed rate screening
limits for total chloride
and chlorine under
266.107(b)(1) and(e)
provisions without a trial
burn
owner or operator may
seek exemption from trial
burn requirements
demonstrating 266.104-
266.107 conformance, by
providing information
from previous compliance
testing of the device or
compliance testing or trial
burns of similar boilers or
industrial furnaces;
burning similar wastes
under similar conditions
270.66 design and
operation information
required; conditions under
which Director shall
approve a permit
application in lieu of a trial
burn; additional
information to be
submitted
. CHECKLIST
REFERENCE
85
-
85
85,94
-
85,94
FEDERAL RCRA CITATION
270.22(a)(4)
270.22(a){5)
270.22(a)(5)(i)
270.22(a)(5)(ii)
270.22(a)(5)(iii)
270.22(a)(5)(iv)
270.22(a)(5)(v)
270.22(a)(5)(vi)
270.22(a)(5)(vii)
270.22(a)(6)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 97 of 113
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OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
for a waiver from any trial
burn:
DRE trial burn, basis for
selection of for a waiver
of the POHCs used in
other burns which
demonstrate 266.104(a)
compliance; analysis
should specify
261, Appendix VIII
constituents in hazardous
waste for which a permit
is sought and any
differences from POHCs
for which data are
provided
minimum information to
be submitted for industrial
furnaces with organic
matter in raw materials
requesting an alternative
HC limit under 266.104(f)
CHECKLIST
REFERENCE
85
85
85
85,94
85
FEDERAL RCRA CITATION
270.22(a)(6)(i)
270.22(a){6)(i)
(A)
270.22(a)(6)(i)
(B)
270.22(a)(6)(i)
(0
270.22(a)(6)(ii)
270.22(b)
270.22(b)(1)
270.22{b)(2)
270.22(b)(3)
270.22(b)(4)
270.22(b)(4)(i)
270.22(b)(4)(ii)
270.22(b)(5)
270.22(b){6)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 98 of 113
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OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
when seeking to be
permitted under
266.106(f) alternative
metals implementation
approach, submit
documentation that
ensures 266.106(c) or (d)
compliance and how
approach can be
implemented and
monitored; provide other
information as Director
finds necessary
describe automatic waste
feed cutoff system.
including any pre-alarm
systems
use of direct transfer
operations requires
submittal of information
supporting 266.111
conformance
demonstration of
266.1 1 2 conformance if
claim is made that
residues are excluded
from regulation
CHECKUST
REFERENCE
85
85
85
85
FEDERAL RCRA CITATION
270.22(c)
270.22(d)
270.22(e)
270.22(f)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
SUBPART D - CHANGES TO PERMITS
23 PERMIT MODIFICATION AT THE REQUEST OF THE PERMITTEE
replace "270.21" with
"270.22" and "and
270.63" with "270.63
and 270.66"
paragraph heading is
changed to "Newly
regulated wastes and
units"
94
85
270.42{c)(1)(iv)
270.42(g)
Page 99 of 113
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OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
add wording at end of
paragraph regarding the
continued management of
hazardous waste in units
newly regulated as
hazardous waste
management units;
change "wates" to
"wastes"
insert "The unit" before
"was in existence"; add
"or newly regulated
waste management unit"
after "characterized
waste"; add "or
regulating the unit" at end
of paragraph; change
"effetive" to "effective"
insert "The permittee"
before "submits"; insert
"or unit" after "waste"
insert "The permittee"
before "is"; insert
"applicable" before
"standards"; change "Part
265" to "Parts 265 and
266 of this chapter"
delete "In the case of
Classes 2 and 3
modifications,"; insert
"The permittee" before
"also"; replace "permit
modification" with "Class
2 or 3 modification";
change "180 days after"
to "180 days of"; add "or
subjecting the unit to
RCRA Subtitle C
management standards"
to end of paragraph
CHECKLIST
REFERENCE
85,94
85,94
85
85
85,94
FEDERAL RCRA CITATION
270.42(g)(1)
270.42(g)(1)(i)
270.42(g)(1)(ii)
270.42(g)(1)(iii)
270.42(g)(1)(iv)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 100 of 113
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OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
insert "the permittee"
before "certifies"; insert
"each" before "such
unit"; change "Part 265"
to "requirements of Part
265 of this chapter for";
add ", or regulating the
unit as a hazardous waste
management unit" after
"hazardous"; change
"clarify" to "certify";
insert "all" before "these
requirements"; change
"shall lose" to "will lose"
CHECKLIST
REFERENCE
85
FEDERAL RCRA CITATION
270.42(g)(1)(v)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
24
Page 101 of 113
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OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
change heading of "L." to
"Incinerators, Boilers, and
Industrial Furnaces"; in
"L.1." &"L.2." replace "a
waste feed rate limit, or
an organic feed rate limit"
with "a feed-stream feed
rate limit, a chlorine/
chloride feed rate limit, a
metal feed rate limit, or
an ash feed rate limit"; in
"L.3." replace "HCL" with
"HCL/CL2 metals,"; in
"L.3." & "L.4." insert ",
boiler, or industrial
furnace" after "incinera-
tor"; in "L.5." replace "."
after "requirements" with
":"; in "L.S.a." insert "or
maximum" before "com-
bustion gas temperature"
& add "flue gas carbon
monoxide and hydro-
carbon concentration.
maximum temperature at
the inlet to the particulate
matter emission control
system, or operating
parameters for the air
pollution control system"
after "chamber"; change
"L.6." heading to "Burn-
ing different wastes:"; in
"L.6.a." change "incine-
ration" to "burning"; in
"L.6.a. & b." change all
"to incinerate" to "to
burn"; in "7. b." change
"waste incineration" to
"waste burning"; in "L.8."
insert "non-hazardous
waste before "fuel"
CHECKLIST
REFERENCE
85,94
FEDERAL RCRA CITATION
270.42/
Appendix I
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 102 of 113
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CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
. STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
SUBPART F - SPECIAL FORMS OF PERMITS
PERMITS FOR BOILERS AND INDUSTRIAL FURNACES BURNING HAZARDOUS WASTE
new boilers and industrial
furnaces subject to
270.66(bMf); those under
interim status standards
of 266.103 subject to
270.66(g)
permit for new boiler or
industrial furnace shall
specify appropriate
conditions for the
following operating
periods:
pretrial burn period
described; Director must
establish in Pretrial Burn
Period of permit
conditions, allowable
hazardous waste feed
rates and operating
conditions; extension of
period for up to 720
additional hours; permit
may be modified to reflect
extension as per 270.42
submittal of statement
with Part B that suggests
operating conditions for
266.104-266.107
compliance during period,
including restrictions on
266.102(e) operating
requirements
85
85
85
85
270.66(a)
270.66(b)
270.66(b)(1)
270.66(b)(1)(i)
Page 103 of 113
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OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
review of Part B materials
and specification by
Director of requirements
sufficient to meet
266.104-266.107
performance standards
based on engineering
judgment
for duration of trial burn.
Director establishes
conditions in permit to
determine feasibility of
compliance with
266.104-266.107
standards and to
determine adequate
266.102(e) ope.ating
conditions; applicants
must propose a trial burn
plan as per 270.66(c) and
submit with Part B
for defined minimum
period immediately
following trial burn, during
which submission and
review of trial burn results
and modification of permit
by Director occurs,
Director establishes
operating requirements
most likely to ensure
compliance with
266.104-266.107
standards
submittal of statement
with Part B that identifies
operating conditions for
266.104-266.107
compliance during period.
including restrictions on
266.102(e) operating
requirements
CHECKLIST
REFERENCE
85
85
85
85
FEDERAL RCRA CITATION
270.66(b)(1)(ii)
270.66(b)(2)
270.66(b)(3)(i)
270.66(b)(3)(ii)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
1 -
Page 104 of 113
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OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
review and specification
by Director of
requirements sufficient to
meet 266. 104-266. 107
performance standards
based on engineering
judgment
for final period of
operation, Director
develops operating
requirements in
conformance with
266.102(e) and 266.104-
266.107 standards;
Director shall make
necessary modifications
to permit as per 270.42
based on trial burn results
to ensure compliance
information the trial burn
plan must include;
Director may require
supplemental information
analysis of each
feedstream, as fired
analysis of each
hazardous waste, as fired
CHECKLIST
REFERENCE
85
85,94
85
85
85
85,94
85
FEDERAL RCRA CITATION
270.66(b)(3)(iii)
270.66(b)(4)
270.66(c)
270.66(c)(1)
270.66(c)(1)(i)
270.66(c)(1)(ii)
270.66(c)(2)
270.66(c)(2)(i)
270.66(c)(2)(ii)
270.66(c)(2){iii)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 105 of 113
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-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
detailed engineering
description of boiler or
industrial furnace
detailed description
of sampling and
monitoring procedures
detailed test schedule for
each hazardous waste for
which the trial burn is
planned
detailed test protocol
description of, and
planned operating
conditions for, any
emission control
equipment to be used
procedures for rapid
stopping of hazardous
waste feed and emissions
control if an equipment
malfunction
other information Director
finds necessary
trial burn conducted to
demonstrate conformance
with 266.104-266.107
standards under an
approved trial burn plan
CHECKLIST
REFERENCE
85
85,94
85
85
85
85
85
85
85
85
FEDERAL RCRA CITATION
270.66(c)(3)
270.66(c)(3)(i)
270.66(c)(3)(ii)
270.66(c)(3)(iii)
270.66(c)(3)(iv)
270.66(c)(3)(v)
270.66(c)(3)(vi)
270.66(c)(3)(vii)
270.66(c)(3)
(viii)
270.66(c)(4)
270.66(c)(5)
270.66(c)(6)
270.66(c)(7)
270.66(0(8)
270.66(c)(9)
270.66(d)(1)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
•
BROADER
IN SCOPE
Page 106 of 113
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OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
findings under which the
Director shall approve a
trial burn plan
submit to Director within
90 days of trial burn
completion a certification
that trial burn was carried
out in accordance with
approved plan and results
of all 270.66(c) required
determinations
submit all data collected
during any trial burn
270.66(d) submissions
must be certified by
signature of person
authorized to sign permit
application or 270.11
report
for DRE trial burn under
266.104(a), Director will
specify trial POHCs; basis
for specification
determinations to be
made based on each trial
burn:
quantitative analysis of
specified materials in the
feedstreams
determinations needed
when a DRE trial burn is
required under
266.104(a)
CHECKLIST
REFERENCE
85
85
85
85
85
85
85
85
FEDERAL RCRA CITATION
270.66(d)(2)
270.66(d)(2)(i)
270.66(d)(2)(ii)
270.66(d)(2)(iii)
270.66(d)(2)(iv)
270.66(d)(3)
270.66(d)(4)
270.66(d)(5)
270.66(e)
270.66(f)
270.66(f)(1)
270.66(f)(2)
270.66(f)(2)(i)
270.66(f)(2)(ii)
270.66(f)(2)(iii)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 107 of 113
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OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
quantitative analysis of
stack gas and a
computation showing
conformance with the
emission standard when a
trial burn is required for
chlorinated dioxins and
furans under 266.104(e)
quantitative analysis of
stack gas and
computations showing
conformance with
applicable emission
standards when a trial
burn is required for
particulate matter, metals,
or HCI/CI2 under 266.105,
266.106(c) or (d), or
266.107(b)(2) or(c)
quantitative analysis of
scrubber water, ash
residues, other residues
and products to estimate
fate of trial POHCs,
metals, and
chlorine/chloride when a
trial burn is required for
DRE, metals or HCI/CI2
under 266.104(a),
266.106(c) or (d), or
266.107(b){2) or (c)
identification of sources
of fugitive emissions and
their means of control
continuous measurement
of CO, oxygen, and HC in
stack gas
such other information as
Director specifies
CHECKLIST
REFERENCE
85,94
85
85
85
85
85,94
FEDERAL RCRA CITATION
270.66(f)(3)
270.66(f)(4)
270.66(f)(5)
270.66(f)(6)
270.66{f)(7)
270.66(f)(8)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
-
Page 108 of 113
DCSIF.13
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-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
to determine feasibility of
compliance with
266.104-266.107
performance standards
and adequate operating
conditions under
266.103, applicants of
existing devices operated
under interim status must
either prepare and submit
a trial burn plan and
perform a trial burn or
submit 270.22(a)(6)
information; submit trial
burn results with Part B
application if plan
approved before Part B
submission; date for
submission; requirements
if submitting trial burn
plan with Part B
application
CHECKLIST
REFERENCE
85
FEDERAL RCRA CITATION
270.66{g)
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
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
application is submitted
on or before the date the
unit becomes subject to
the new requirements
add new paragraph
regarding the addition of
newly regulated units
under 270.72(a)(6)
85
85
270.72(a)(6)
270.72(b)(7)
Page 109 of 113
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OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
TERMINATION OF INTERIM STATUS
insert "which has
achieved interim status
prior to November 8,
1 984, interim status
terminates" before "on
November 8, 1989"
insert "which has
achieved interim status
prior to November 8,
1 984, interim status
terminates" before "on
Novembers, 1992"
85,94
85,94
270.73(f)
270.73(g)
Revision Checklist 85 (February 21, 1991; 56 FR 7134) redesignated the old paragraph (d){2)
as (d)(3) and introduced a new paragraph (d){2) into the code. Revision Checklist 94 (July 17,
1991; 56 FR 32688) made technical corrections to the February 21, 1991 amendatory
language for 261.2 and incorrectly redesignated paragraph (d)(3) as (d)(4) and paragraph,
(d)(4) as (d)(5). The Federal code, as of February 21, 1991, did not include 261.2(d)(3) d
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).H 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. This administrative stay was removed by Revision Checklist 105
(57 FR 27880; June 22, 1992). 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
Page 110 of 113
DCBIF.13 -tovmd: 2/17/92
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-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
266.100(b), (c), (d) and (f). This error was corrected by Revision Checklist 111 at 57 £R
38564 (August 25, 1992}.
6 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.
7 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).
8 There seems to be an error in the Federal Register addressed by Revision Checklist 85.
Federal code refers to "particulate matter standard in § 266.111 (b)," but 266.111 (b)
addresses definitions of "direct transfer equipment" and "container," not particulate matter
standards. It appears that the Federal code should likely reference 266.105(a) as it does
contain a particulate matter standard.
9 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.
1^ Note that the August 27, 1991 Federal Register, which addressed the technical correction for
this citation, has a typographical error; the reference to *266.102(e)(4)(iii)(c)(7) and (2)" in
this citation should be "266.102(e)(4)(iii)(C)(7) and (2)."
11 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.
12 Note that the July 1, 1992 CFR inadvertently omitted the text to 266.103(c)(1)(i)-(xiii) and
266.103(c)(3)(ii)-(iii)(C) from the Federal code. States should incorporate these paragraphs,
as found in the Federal Register addressed by Revision Checklist 85 (56 FR 7134; February
21, 1991), and amended by Revision Checklist 94 (56 FR 32688; July 17, 1991).
13 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 "\7, 1991; Revision
Checklist 94).
14 In the Federal Register addressed by Revision Checklist 85, the designations for these
subparagraphs are 266.107(d)(i) and 266.107(d)(ii) (see 56 FR 7225). These are
typographical errors. The subparagraphs should be designated 266.107(d)(1) and
266.107(d)(2). See technical corrections at 56 FR 32690 (July 17, 1991; Revision Checklist
94).
1^ 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
-. ...... ,«..*. DCBIF. 13 -FtoviMd: 2/17/92
Page 111 of 113 p**.* 11/5/93
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OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
section should be designated 266.112. Revision Checklist 94 corrects this error at 56 PR
32688 (July 17, 1991).
16 Note that Revision Checklist 96 replaced the old paragraph introduced into the code by
Revision Checklist 85.
17 Note that Revision Checklist 94 replaced the old Table introduced into the code by Revision
Checklist 85.
18 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.
19 Note that there are several errors in the Federal Register addressed by Revision Checklist 94
(56 FR 32688; July 17, 1991) and the July 1, 1991 CFR for this Appendix.
• In the titles for Appendix IX/Section 5.0/Tables 5.0-4 and 5.0-5, the "//G/m3" that appears
in the July 17, 1991 Federal Register and the "8G/m3" in the 1991 CFR should read
"//g/m3." The July 17, 1991 errors were ultimately corrected by Revision Checklist 114
(57 FJR 44999; September 30, 1992).
• In Appendix IX/Section 6.1, footnote 1, "EPA-450/2-78-027" should be "EPA-450/2-78-
027R" and in the third paragraph "Auer 3978" snould be "Auer 1978.' This error was
corrected by Revision Checklist 111 (57 FR 38558; August 25, 1992).
• In Appendix IX/Section 5.0/Table 5.0-3, footnote 1, "EPA-450/2-78-027" should be "EPA-
450/2-78-027R." This error was corrected by Revision Checklist 111 (57 FR 38558;
August 25, 1992).
• In the titles of Appendix IX/Section 5.0/Tables 5.0-4 and 5.0-5, "ISCT PREDICATED"
should be "ISCST PREDICTED." This error was corrected by Revision Checklist 111 (57
FR 38558; August 25, 1992).
20 Note that Revision Checklist 96 replaced the old section 7.0 introduced into the code by
Revision Checklist 94.
21
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.
f\*\
*•*• 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.
23 States only need to make changes if they have adopted, or plan to adopt, the provisions
« .. .. « *--- DCBIF.13 -RcviMd: 2/17/92
Page 112 of 113 P***. 11/5/93
-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Burning of Hazardous Waste in
Boilers and Industrial Furnaces (cont'd) SPA 13
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.
24 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 113 of 113 . P**.* 11/5/93
-------
OSWER DIRECTIVE NO. 9641.00-19
SPA 13
CONSOLIDATED CHECKLIST
for the
Wood Preserving Listings
as of June 30, 1992
Note: 1) This checklist consolidates the changes to the Federal code addressed by the following
Wood Preserving Listings checklists:
• Revision Checklist 82 [55 FR 50450 (December 6, 1990)];
• Revision Checklist 91 [56 FR 27332 (June 13, 1991)];
• Revision Checklist 92 [56 FR 30192 (July 1, 1991)]; and
• Revision Checklist 101 [57 FR 5859 (February 18, 1992)].
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 REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
PART 260 - HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL
SUBPART B - DEFINITIONS
DEFINITIONS
add "drip pad" in
alphabetical order
82
260.10
Page 1 of. 44
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Printed: 11/5/93
-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Wood Preserving Listings (cont'd)
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
PART 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 preserving
solutions that have
been reclaimed and
are reused for their
original intended
purpose
add new paragraph
which excludes as a
solid waste
wastewaters from
the wood preserving
process that have
been reclaimed and
are reused to treat
wood
82,92
92
261.4(a)(9)(i)
261.4(a)(9){ii)
2 HAZARDOUS WASTES FROM NON-SPECIFIC SOURCES
add the waste codes
"F032", "F034" and
"F035" in
alphanumeric order to
list as shown below;
include parenthetic
note concerning
administrative stay
82,t91
261.31(a)
Page 2 of. 44
DCWPL.13
•R«viMd: 02/17/93
Printed: 11/5/93
-------
OSWER DIRECTIVE NO. 9541.00-19
SPA 13
CONSOLIDATED CHECKLIST: Wood Preserving Listings (cont'd)
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Industry and EPA
hazardous waste
No.
Hazardous waste
Hazard
code
F032 Wastewaters, process residuals, preservative drippage, and spent formulations from (T)
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 S 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 wastewatere 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 FO35 listings. These stays will remain in effect until
further administrative action is taken.)
F034 . Wastewaters, process residuals, preservative drippage, and spent formulations from (T)
wood preserving processes generated at plants that use creosote formulations. This
listing does not include KO01 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 formulations from (T)
wood preserving processes generated at plants that use inorganic preservatives
containing arsenic or chromium. This listing does not include KO01 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.)
Page 3 of 44
DCWPL13
RcviMd: 02/17/93
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-------
OSWER DIRECTIVE NO. 9541.00-19
SP
CONSOLIDATED CHECKLIST: Wood Preserving Listings (cont'd)
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
DELETION OF CERTAIN HAZARDOUS WASTE CODES FOLLOWING EQUIPMENT CLEANING AND
REPLACEMENT
wastes from wood
preserving processes
at plants that do not
resume or initiate use
of chlorophenolic
preservatives will not
meet the listing
definition of F032
once the 261.35(b)
and (c) requirements
are met; wastes may
continue to meet
another hazardous
waste listing
description or exhibit
one or more
characteristics
generators must
either clean or replace
all specified process
equipment that may
have come into
contact with
chlorophenolic
formulations or
constituents
generators shall do
one of the following:
prepare and follow an
equipment cleaning
plan; clean equipment
in accordance with
261.35
82
82,92
82,92
92
261.35
-------
OSWER DIRECTIVE NO. 9541.00-1 9
CONSOLIDATED CHECKLIST: Wood Preserving Listings (cont'd)
SPA 13
FEDERAL REQUIREMENTS
prepare and follow an
equipment
replacement plan;
replace equipment in
accordance with
261.35
document cleaning
and replacement in
accordance with
261.35, carried out
after termination of
use of chlorophenolic
preservations
cleaning requirements
prepare and sign a
written equipment
cleaning plan that
describes:
equipment to be
cleaned
how equipment will
be cleaned
solvent to be used in
cleaning
how solvent rinses
will be tested
how cleaning
residues will be
disposed
equipment must be
cleaned as follows:
remove all visible
residues from process
equipment
CHECKLIST
REFERENCE
92
92
82,92
92
92
92
92
92
92
92
92
FEDERAL RCRA CITATION
261.35(b)(1)(ii)
261.35(b)(1)(iii)
261.35(b)(2)
261.35(b)(2)(i)
261.35(b)(2)ti)(A)
261.35(b)(2)(i)(B)
26l.35(b)(2)(i)(C)
261.35(b)(2)(i)(D)
261.35(b)(2)(i)(E)
261.35(b)(2)(ii)
261.35(b)(2)(ii)
(A)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 5 of 44
DCWPL.13 - R*viwd: 02/17/93
Printed: 11/5/93
-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Wood Preserving Listings (cont'd)
FEDERAL REQUIREMENTS
rinse with appropriate
solvent until no dioxin
or dibenzofuran
detection in final
solvent rinse
analytical
requirements
test rinses as per
SW-846, Method
8290'
"not detected"
defined
generator manages
cleaning process
residues as F032
waste
replacement
requirements
prepare and sign
written equipment
replacement plan that
describes:
equipment to be
replaced
how equipment will
be replaced
how equipment will
be disposed
generator must
manage discarded
equipment as F032
waste
documentation
requirements
CHECKLIST
REFERENCE
92
92
92
92
92
82,92
92 ,
92
92
92
92
92
FEDERAL RCRA CITATION
261.35(b)(2)(ii)
(B)
261.35(b)(2)(iii)
261.35(b)(2)(iii)
(A)
261.35(b)(2)(iii)
(B)
261.35(b)(2)(iv)
261.35(b)(3)
261.35(b)(3)(i)
261.35(b)(3){i)(A)
261.35(b)(3)(i)(B)
261.35(b)(3)(i)(C)
261.35(b)(3)(ii)
261.35(b)(4)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 6 of 44
DCWPL.13 -Ftovind: 02/17/93
Printed: 11/5/93
-------
OSWER DIRECTIVE NO. 9541.00-19
SPA 13
CONSOLIDATED CHECKLIST: Wood Preserving Listings (cont'd)
FEDERAL REQUIREMENTS
document previous
equipment cleaning
and/or replacement
performed in
accordance with
261.35 and occurred
after cessation of
chlorophenolic
preservative use
documentation that
must be maintained
as part of the
facility's operating
record
name and address of
the facility
formulations
previously used and
the date on which
their use ceased in
each process at the
plant
~ formulations currently
used in each process
at the plant
equipment cleaning or
replacement plan
name and address of
any persons who
conducted the
cleaning and
replacement
dates on which
cleaning and
replacement were
accomplished
CHECKLIST
REFERENCE
92
82
82
82
82
82
82
82
FEDERAL RCRA CITATION
261.35(b)(4)(i)
261.35(c)
261.35(0(1)
261.35(0(2)
261.35(0(3)
261.35(0(4)
261.35(0(5)
261.35(0(6)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 7 of 44
DCWPL13
RcviMd: 02/17/93
Printed: 11/5/93
-------
OSWER DIRECTIVE NO. 9541.00-19
SPAJ3
CONSOLIDATED CHECKLIST: Wood Preserving Listings (cont'd)
FEDERAL REQUIREMENTS
dates of sampling and
testing
description of sample
handling and
preparation
techniques
description of the
tests performed, the
date, and the results
of the tests
name and model
numbers of the
instrument(s) used in
performing the tests
QA/QC
documentation
signed certification
statement
CHECKLIST
REFERENCE
82
82
82
82
82
82
FEDERAL RCRA CITATION
261.35(c)(7)
261.35(c)(8)
261.35(c)(9)
261.35(c)(10)
261.35(c)(11)
261.35(c)(12)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
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 No«.
Banzo(k) fluoranthene 8100,8250,8270,8310
Page 8 of 44
DCWPL.13 - R»viwd: 02/17/93
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-------
OSWER DIRECTIVE NO. 9541.00-19
SPA 13
CONSOLIDATED CHECKLIST: Wood Preserving Listings (cont'd)
FEDERAL REQUIREMENTS
CHECKUST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
APPENDIX VII TO PART 261
BASIS FOR LISTING HAZARDOUS WASTE
add "F032", "F034",
and "F035" to list in
alphanumeric order as
shown below:
82
Appendix VII
EPA hazardous - Hazardous constituents
waste No. for which lifted
F032
F034
F035
Benz(a)anthracene, benzo(a)pyrene, dibenz(a,h)-anthracene, indenod ,2,3-cd)pyrene,
pentachlorophenol, arsenic, chromium, tetra-, penta-, hexa-, heptachlorodibenzo-p-
dioxins, tetra-, penta-, hexa-, heptachlorodibenzofurans.
Benz(a)anthracene, benzo(k)fluoranthene, benzo(a)pyrene, dibenz(a. h)anthracene,
indenod ,2,3-cd)pyrene, naphthalene, arsenic, chromium.
Arsenic, chromium, lead.
APPENDIX VIII TO PART 261
HAZARDOUS CONSTITUENTS
add the specified
hazardous
constituents in
alphabetical order as
shown below:
82
Appendix VIII
Common Name
Chemical
'abstracts
name
Chemical
abstracts
No.
Hazardous
waste No.
Benzo(k)fluoranthene
Same
207-08-9
Heptachlorodibenzofurans . . .
Heptachlorodibenzo-p-dioxins
Page 9 of 44
DCWPL.13 - RcviMd: 02/17/93
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OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Wood Preserving Listings (cont'd)
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
PART 262 - STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE
SUBPART C - PRE-TRANSPORT REQUIREMENTS
4 ACCUMULATION TIME
5 the waste is placed:
in containers and
generator complies
with Subpart 1 of Part
265; and/or
in tanks and
generator complies
with Subpart J of
Part 265, except
265.197(c) and
265.200; and/or
6 on drip pads and
generator complies
with Subpart W of
Part 265 and
maintains following
records:
6 description of
procedures to ensure
all wastes are
removed from drip
pad and associated
collection system at
least once every 90
days
92
92
92
t82,92
t82,92
262.34(a)(1)
262.34(a)(1)(i)
262.34(a)(1)(ii)
262.34(a)(1)(iii)
262?4(a)(1)(iii)
(A)
Page 10 of 44
DCWPL.13 -RaviMd: 02/17/93
Printed: 11/5/93
-------
OSWER DIRECTIVE NO. 9541.00-1 9
SPA 13
CONSOLIDATED CHECKLIST: Wood Preserving Listings (cont'd)
FEDERAL REQUIREMENTS
documentation of
each waste removal.
including quantity.
date and time of
removal; generator
exempt from
Subparts G and H of
Part 265, except
265.111 and
265.114
date each period of
accumulation begins
is marked and visible
CHECKLIST
REFERENCE
t82,92
82,92
FEDERAL RCRA CITATION
262.34(a)(1)(iii)
(B)
262.34(a)(2)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
PART 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE
TREATMENT, STORAGE AND DISPOSAL FACILITIES
SUBPART J - TANK SYSTEMS
APPLICABILITY
add reference to
paragraph (c)
add new paragraph
subjecting tanks,
sumps and other
collection devices
used in conjunction
with Subpart W-
regulated drip pads to
Part 264, Subpart J
requii ernents
82
82
264.190
264.190(c)
Page 11 of 44
DCWPL.13
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-------
OSWER DIRECTIVE NO. 9541.00-19
SPAJJ3
CONSOLIDATED CHECKLIST: Wood Preserving Listings (cont'd)
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
SUBPART 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
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
82,92
82,92
264.570(a)
264.570(b)
Page 12 of 44
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OSWER DIRECTIVE NO. 9541.00-19
SPA 13
CONSOLIDATED CHECKLIST: Wood Preserving Listings (cont'd)
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
ASSESSMENT OF EXISTING DRIP PAD INTEGRITY
evaluation of existing
drip pads; by June 6,
1991, written
assessment obtained
and kept on file;
annual review.
update and
recertification
required until
264.573 standards
are met, except
264.573(b) standards
for liners and leak
detection systems;
documentation of drip
pad age
development of
written plan for
upgrading, repairing
and modifying drip
pad to meet
264.573{b)
requirements;
submittal of plan to
Regional
Administrator no later
than 2 years before
completion of
modifications; written
plan documentation.
review and
certification
requirements;
conditions for
completion of
upgrades, repairs and
modifications
82,92
82,92
264.571(a)
264.571(b)
8
Page 13 of 44
DCWPL.13
•R*viMd: 02/17/93
Printed: 11/5/93
-------
OSWER DIRECTIVE NO. 9541.00-19
SPA-13
CONSOLIDATED CHECKLIST: Wood Preserving Listings (cont'd)
FEDERAL REQUIREMENTS
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
1 5 years of age.
whichever comes
later
for existing drip pads
with no
documentable age.
upgrades, repairs and
modifications must
be completed within
8 years of June 6,
1991; if facility is
over 7 years old.
completion by the
time facility reaches
1 5 years or by two
years after June 6,
1991, whichever
comes later
CHECKLIST
REFERENCE
82
.
82
FEDERAL RCRA CITATION
264.571 (b)(1)
264.57 1(b)(2)
ANALOGOUS STATE
CITATION
_
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 14 of 44
DCWPL13 - RcviMd: 02/17/93
Primed: 11/5/93
-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Wood Preserving Listings (cont'd)
SPA 13
FEDERAL REQUIREMENTS
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
-------
OSWER DIRECTIVE NO. 9541.00-1 9
SPAJ3
CONSOLIDATED CHECKLIST: Wood Preserving Listings (cont'd)
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
10 DESIGN AND INSTALLATION OF NEW DRIP PADS
owners and operators
of drip pads must
ensure that the pads
are designed.
installed and operated
in accordance with all
applicable 264.573,
264.574 and
264.575
requirements
82,92
264.572
10 DESIGN AND OPERATING REQUIREMENTS
drip pads must:
be constructed of
non-earthen
materials, excluding
wood and non-
structurally supported
asphalt
be sloped for free-
drainage to the
associated collection
system
have a curb or berm
around the perimeter
82,92
82,92
82,92
82,92
264.573(a)
264.573(a){1)
264.573(a)(2)
264.573(a)(3)
Page 16 of 44
DCWPL13 -RcviMd: 02/17/93
Printed: 11/5/93
-------
OSWER DIRECTIVE NO. 9641.00-19
SPA 13
CONSOLIDATED CHECKLIST: Wood Preserving Listings (cont'd)
FEDERAL REQUIREMENTS
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 pads
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 Kb) of this
subpart, must have:
a synthetic liner that
meets certain design.
construction and
installation
specifications
specific requirements
for liner construction
materials
foundation or base
requirements
CHECKLIST
REFERENCE
82,t91,
92,t101
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)(ii)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
11
12
Page 17 of 44
DCWPL.13
FteviMd: 02/17/93
Printed: 11/5/93
-------
OSWER DIRECTIVE NO. 9541.00-19
SPA-13
CONSOLIDATED CHECKLIST: Wood Preserving Listings (cont'd)
FEDERAL REQUIREMENTS
liner must cover all
surrounding earth
that could come into
contact with the
waste or leakage
leakage detection
system immediately
above the liner;
detection system
must be:
constructed of
materials that are:
chemically resistant
to relevant waste and
leakage
of sufficient strength
and thickness to
prevent collapse
designed and
operated to function
without clogging
through the
scheduled closure of
the drip pad; and
designed to detect
dnp pad failure or the
release of hazardous
waste or
accumulated liquid at
the earliest
practicable time
maintenance of drip
pads; note regarding
remedial action
CHECKUST
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)(2)(ii)
264.573(b)(2)(iii)
264.573(c)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 18 of 44
DCWPL.13 -FteviMd: 02/17/93
Print** 11/5/93
-------
OSWER DIRECTIVE NO. 9541.00-19
SPA 13
CONSOLIDATED CHECKLIST: Wood Preserving Listings (cont'd)
FEDERAL REQUIREMENTS
convey, drain, and
collect liquid resulting
from drippage or
precipitation in order
to prevent run-off
run-on control system
requirements
run-off management
system requirements,
unless system is
protected by a
structure, as
described in
264.570(b)
evaluation of drip pad
for compliance with
264.573(aMf)
requirements; design
certification required
removal of drippage
and accumulated
precipitation from
associated collection
system as necessary
to prevent overflow
onto the drip pad
thorough cleaning of
drip pad surface at
least once every
seven days to meet
specified conditions;
documentation of
date, time and
cleaning procedure in
facility's operating
log
CHECKLIST
REFERENCE
82,92
82,92
82,92
82,92
82,92
82,92
FEDERAL RCRA CITATION
264.573(d)
264.573(e)
264.573(f)
264.573(g)
264.573(h)
264.5730)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 19 of 44
DCWPL.13
R»viMd: 02/17/93
Printed: 11/5/93
-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Wood Preserving Listings (cont'd)
FEDERAL REQUIREMENTS
minimize tracking of
hazardous waste or
constituents off the
drip pad
after removal from
treatment vessel.
treated wood from
pressure and non-
pressure processes
must be held on pad
until drippage has
ceased;
documentation
required
collection and holding
units for run-on and
run-off control
systems emptied or
otherwise managed
as soon as possible
after storms to
maintain design
capacity
throughout the active
life of the drip pad
and as specified in
the permit, repair of
detected condition
that may have caused
or has caused a
release of hazardous
waste within a
reasonable period of
time, in accordance
with the following
procedures:
CHECKLIST
REFERENCE
82,92
82,92
82,92
82,92
FEDERAL RCRA CITATION
264.573(j)
264.573(10
264.573(1)
264.573(m)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 20 of 44
DCWPL.13 - Rmind: 02/17/93
Printed: 11/5/93
-------
OSWER DIRECTIVE NO. 9541.00-19
SPA 13
CONSOLIDATED CHECKLIST: Wood Preserving Listings (cont'd)
FEDERAL REQUIREMENTS
upon detection of a
condition that may
have caused or has
caused a release of
hazardous waste, the
owner must:
enter discovery in the
facility operating log
immediately remove
from service affected
portion of drip pad
determine steps to
repair drip pad and
-clean up any leakage;
establish schedule for
repairs
notify Regional
Administrator within
24 hours after
discovery; provide
written notice as
specified within 10
working days
review, determination
and notification by
Regional
Administrator
1 3 written notification to
Regional
Administrator and
certification of
compliance with
264.573(m)(1)(iv)
after repairs and
clean up
CHECKLIST
REFERENCE
82,92
82,92
82,92
82,92
82,92
82,92
82,92
FEDERAL RCRA CITATION
264.573(m)(1)
264.573(m)(1)(i)
264.573(m)(1)(ii)
264.573(m)(1)(iii)
264.573{m)(1)
(iv)
264.573(m)(2)
264.573(m)(3)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 21 of 44
DCWPL.13 -RcviMd: 02/17/93
Printed: 11/5/93
-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Wood Preserving Listings (cont'd)
FEDERAL REQUIREMENTS
should a permit be
necessary, Regional
Administrator will
specify in the permit
all design and
operating practices
necessary to ensure
that 264.573
requirements are met
documentation in
operating log, as
specified, of past
operating and waste
handling practices
CHECKLIST
REFERENCE
82,92
82,92
FEDERAL RCRA CITATION
264.573(n)
264.573(0)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
10 INSPECTIONS
inspection of liners
and cover systems
for uniformity,
damage and
imperfections during
construction or
installation;
inspection and
certification of liners
to meet 264.573
requirements;
maintenance of
certification as part
of the facility
operating record;
inspection of liners
and covers after
installation
drip pad must be
inspected weekly and
after storms to detect
evidence of any of
the following:
82,92
82,92
264.574(a)
264.574(b)
Page 22 of 44
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OSWER DIRECTIVE NO. 9541.00-19
SPA 13
CONSOLIDATED CHECKLIST: Wood Preserving Listings (cont'd)
FEDERAL REQUIREMENTS
deterioration,
malfunctions or
improper operation of
run-on and run-off
control systems
presence of leakage
in and proper
functioning of leak
detection system
deterioration or
cracking of drip pad
surface; note
regarding remedial
action
CHECKLIST
REFERENCE
82,92
82,92
82,92
FEDERAL RCRA CITATION
264.574(b)(1)
264.574(b)(2)
264.574(b)(3)
ANALOGOUS STATE
CITATION
STATE ANALOG is:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
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 considered
a landfill and must
meet Subparts G and
H requirements of
Part 264
82,92
82,92
264.575(3)
264.575(b)
Page 23 of 44
DCWPL13
02/17/93
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-------
OSWER DIRECTIVE NO. 9541.00-19
SPA-13
CONSOLIDATED CHECKLIST: Wood Preserving Listings (cont'd)
FEDERAL REQUIREMENTS
owner or operator of
an existing drip pad
that does not comply
with the 264.573(b)
(1) liner requirements
must:
include in closure
plans for drip pad
under 264.112, a
plan for 264.575(a)
compliance and a
contingent plan for
264.575(b)
compliance
prepare a contingent
post-closure plan
under 264.118 for
complying with
264.575(b) in case
not all contaminated
subsoils can be
practicably removed
at closure
cost estimates
calculated under
264.1 12 and
264. 1 44 for closure
and post-closure care
of drip pad subject to
264.575(c) must
include the cost of
complying with the
contingent closure
plan and the
contingent post-
closure plan; cost of
expected closure
under 264.575(a)
need not be included
CHECKLIST
REFERENCE
82,92
82,92
82,92
*
82,92
FEDERAL RCRA CITATION
264.575(c)(1)
264.575(0(1 )(i)
264.575(0(1 )(ii)
264.575(0(2)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 24 of 44
DCWPL.13 -R*vw*d: 02/17/93
Print** 11/5/93
-------
OSWER DIRECTIVE NO. 9541 .OCi-19
CONSOLIDATED CHECKLIST: Wood Preserving Listings (cont'd)
SPA 13
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
PART 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS
WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES
SUBPART J - TANK SYSTEMS
APPLICABILITY
add reference to
paragraph (c)
add new paragraph
subjecting tanks,
sumps and other
collection devices
used in conjunction
with Subpart W-
regulated drip pads to
Part 265, Subpart J
requirements
82
82
265.190
265.190(0
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 25 of 44
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OSWER DIRECTIVE NO. 9641.00-19
CONSOLIDATED CHECKLIST: Wood Preserving Listings (cont'd)
FEDERAL REQUIREMENTS
owner or operator of
certain drip pads
inside or under a
structure not subject
to 265.443(e) or
265.443(f)
regulations, as
appropriate
CHECKLIST
REFERENCE
82
FEDERAL RCRA CITATION
265.440(b) .
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
ASSESSMENT OF EXISTING DRIP PAD INTEGRITY
evaluation of existing
drip pads; by June 6,
1991, written
assessment obtained
and kept on file;
annual review,
update and
recertification
required until
265.443 standards
are met, except for
265.443(b) standards
for liners and leak
detection systems;
documentation of drip
pad age
-
82
265.441(a)
Page 26 of 44
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OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Wood Preserving Listings (cont'd)
SPA 13
FEDERAL REQUIREMENTS
development of
written plan for
upgrading, repairing
and modifying drip
pad to meet
265.443(b)
requirements;
submittal of plan to
Regional
Administrator no later
than 2 years before
completion of
modifications; written
plan documentation,
review and
certification
requirements;
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
1 5 years of age,
whichever comes
later
CHECKLIST
REFERENCE
82
82
FEDERAL RCRA CITATION
265.441(b)
265.441 (b)(1)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 27 of 44
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OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Wood Preserving Listings (cont'd)
SPAJJB
FEDERAL REQUIREMENTS
for existing drip pads
with no
documentable age,
upgrades, repairs and
modifications must
be completed within
8 years of June 6,
1991; if facility is
over 7 years old,
completion by the
time facility reaches
1 5 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
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
CHECKLIST
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
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 28 of 44
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OSWER DIRECTIVE NO. 9541.00-1 9
SPA 13
CONSOLIDATED CHECKLIST: Wood Preserving Listings (cont'd)
FEDERAL REQUIREMENTS
if drip pad found to
be leaking or unfit for
use, comply with
265.443(m)
provisions or close
drip pad in
accordance with
265.445
CHECKLIST
REFERENCE
82
FEDERAL RCRA CITATION
265.441(d)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
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 supported
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(a)
265.443(a)(1)
265.443(a)(2)
265.443(a)(3)
Page 29 of 44
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OSWER DIRECTIVE NO. 9641.00-19
SPAJ3
CONSOLIDATED CHECKLIST: Wood Preserving Listings (cont'd)
FEDERAL REQUIREMENTS
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
for existing drip pads
be of sufficient
structural strength
and thickness to
meet specified
conditions; note
regarding structural
integrity standards
a new drip pad or an
existing drip pad,
after the 265. 44 Kb)
deadline, must have:
a synthetic liner that
meets certain
specifications
specific requirements
for liner construction
materials
foundation or base
requirements
CHECKLIST
REFERENCE
82,t91,
t101
•
82
82
82
82
82
FEDERAL RCRA CITATION
265.443(a)(4)
265.443(a)(5)
265.443(b)
265.443(b)(1)
265.443(b)(1)(i)
265.443(b)(1)(ii)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 30 of 44
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OSWER DIRECTIVE NO. 9641.00-19
SPA 13
CONSOLIDATED CHECKLIST: Wood Preserving Listings (cont'd)
FEDERAL REQUIREMENTS
liner must cover all
surrounding earth
that could come into
contact with the
waste or leakage
leakage detection
system immediately
above the liner;
detection system
must be:
constructed of
materials that are:
chemically resistant
to relevant waste and
leakage
of sufficient strength
and thickness to
prevent collapse
14 add a new paragraph
regarding design and
operation to function
without clogging
through scheduled
drip pad closure
1 4 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
CHECKLIST
REFERENCE
82
82
82
82
82
92
82,92
82
FEDERAL RCRA CITATION
265.443(b)(1)(iii)
265.443(b){2)
265.443(b)(2)(i)
265.443(b)(2)(i)
(A)
265.443(b)(2)(i)
(B)
265.443(b)(2)(ii)
265.443(b)(2)(iii)
265.443(c)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 31 of 44
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OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Wood Preserving Listings (cont'd)
SP
FEDERAL REQUIREMENTS
convey, drain, and
collect liquid resulting
from drippage or
precipitation in order
to prevent run-off
run-on control system
requirements, unless
drip pad is protected
by a structure, as
described in
265.440(b)
run-off management
system requirements,
unless drip pad is
protected by a
structure, as
described in
265.440(b)
evaluation of drip pad
for compliance with
265.443(a)-(f)
requirements; design
certification required
removal of drippage
and accumulated
precipitation from
associated collection
system as necessary
to prevent overflow
onto the drip pad
CHECKLIST
REFERENCE
82
82
82
82
82
FEDERAL RCRA CITATION
265.443(d)
265.443(6)
265.443(f)
265.443(g)
265.443(h)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 32 of 44
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OSWER DIRECTIVE NO. 9541.00-19
SPA 13
CONSOLIDATED CHECKLIST: Wood Preserving Listings (cont'd)
FEDERAL REQUIREMENTS
thorough cleaning of
drip pad surface at
least once every
seven days to meet
specified conditions;
documentation of
date, time and
cleaning procedure in
facility's operating
log
minimize tracking of
hazardous waste or
constituents off the
drip pad
after removal from
treatment vessel,
treated wood from
pressure and non-
pressure processes
must be held on pad
until drippage has
ceased;
documentation
required
collection and holding
units for run-on and
run-off control
systems emptied or
otherwise managed
as soon as possible
after storms to
maintain design
capacity
CHECKLIST
REFERENCE
82
82
82
82
FEDERAL RCRA CITATION
265.443(0
265.443(j)
265.443(k)
265.443(1)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 33 of 44
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OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Wood Preserving Listings (cont'd)
FEDERAL REQUIREMENTS
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:
entry of discovery in
the facility operating
log
immediate removal
from service of
affected portion of
drip pad
determination of
steps to repair drip
pad, remove any
leakage, and establish
schedule for clean up
and repairs
CHECKLIST
REFERENCE
82,92
82,92
82
82
82
FEDERAL RCRA CITATION
265.443(m)
265.443(m)(1)
265.443(m)(1)(i)
265.443(m)(1)(ii)
265.443(m)(1)(iii)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 34 of 44
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OSWER DIRECTIVE NO. 9541.00-19
SPA 13
CONSOLIDATED CHECKLIST: Wood Preserving Listings (cont'd)
FEDERAL REQUIREMENTS
notify Regional
Administrator within
24 hours after
discovery; provide
written notice as
specified within 10
working days
review, determination
and notification by
Regional
Administrator
1 5 written notification to
Regional
Administrator and
certification of
compliance with
265.443
-------
OSWER DIRECTIVE NO. 9541.00-19
SPAJ3
CONSOLIDATED CHECKLIST: Wood Preserving Listings (cont'd)
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
INSPECTIONS
inspection of liners
and cover systems
for uniformity.
damage and
imperfections during
construction or
installation;
inspection and
certification of liners
to meet 265.443
requirements;
maintenance of
certification as part
of the facility
operating record;
inspection of liners
and covers after
installation
drip pad must be
inspected weekly and
after storms to detect
evidence of any of
the following:
deterioration.
malfunctions or
improper operation of
run-on and run-off
control systems
presence of leakage
in and proper
functioning of leak
detection system
deterioration or
cracking of drip pad
surface; note
regarding remedial
action
82
82
82
82
82
265.444(a)
265.444(0)
265.444(b)(1)
265.444(b)(2)
265.444(b)(3)
Page 36 of 44
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OSWER DIRECTIVE NO. 9541.00-1 9
SPA 13
CONSOLIDATED CHECKLIST: Wood Preserving Listings (cont'd)
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
CLOSURE
at closure, removal
and decontamination
requirements;
management as
hazardous waste
closure and post-
closure care of drip
pad as a landfill under
265.310, if some
contaminated
subsoils cannot be
removed or
decontaminated; for
permitted units,
permit requirement
continues throughout
post-closure period
owner or operator of
an existing drip pad
not in compliance
with the 265.443(b)
(1) liner requirements
must:
include in the closure
plan for the drip pad
under 265.112, a
plan for 265.445(a)
co-rpliance and a
contingent plan for
265.445(b)
compliance
82
82
82
82
265.445O)
265.445(b)
265.445(c)(1)
265.445(c)(1)(i)
Page 37 of 44
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OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Wood Preserving Listings (cont'd)
FEDERAL REQUIREMENTS
prepare contingent
post-closure plan
under 265.118 for
complying with
265.445(b) in case
not all contaminated
subsoils can be
practicably removed
at closure
cost estimates
calculated under
265.1 12 and
265.144 for closure
and post-closure care
of drip pad subject to
265.445(c) must
include cost of
complying with
contingent closure
plan and contingent
post-closure plan;
cost of expected
closure under
265.445(a) need not
be included
CHECKLIST
REFERENCE
82
82
FEDERAL RCRA CITATION
265.445(c)(1)(ii)
265.445(c)(2)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 38 of 44
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OSWER DIRECTIVE NO. 9541.00-19
SPA 13
CONSOLIDATED CHECKLIST: Wood Preserving Listings (cont'd)
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
PART 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
by 264.1
list of hazardous
wastes placed or to
be placed on each
drip pad
detailed plans and an
engineering report
describing how
264.90(b)(2) will be
met, if an exemption
is sought to Subpart
F of Part 264
detailed plans and an
engineei ing report
describing the design,
construction,
operation and
maintenance of drip
pad to meet 264.573
requirements;
submission must
address 264.571
items
82 .
82
82
82,92
270.26
270.26(3)
270.26(b)
270.26(c)
Page 39 of 44
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OSWER DIRECTIVE NO. 9541.00-19
SPA JJ}
CONSOLIDATED CHECKLIST: Wood Preserving Listings (cont'd)
FEDERAL REQUIREMENTS
design characteristics
of the drip pad
liner system
leakage detection
system
practices designed to
maintain drip pads
associated collection
system
control of run-on to
the drip pad
control of run-off
from the drip pad
removal intervals and
demonstration of
sufficiency to prevent
overflow
procedures for
cleaning drip pad at
least once every
seven days;
provisions for
documentation of
date, time and
cleaning procedure
operating practices
and procedures to
minimize tracking of
hazardous waste or
waste constituents
off the drip pad
CHECKLIST
REFERENCE
82
82
82
82
82
82 .
82
82
82
82
FEDERAL RCRA CITATION
270.26(c)(1)
270.26(c){2)
270.26(c)(3)
270.26(c)(4)
270.26(c)(5)
270.26(c)(6)
270.26{c)(7)
270.26(c)(8)
270.26(c)(9)
270.26(c){10)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 40 of 44
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OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Wood Preserving Listings (cont'd)
SPA 13
FEDERAL REQUIREMENTS
procedures for
ensuring that treated
wood from pressure
and non-pressure
processes is held on
the drip pad until
drippage has ceased;
recordkeeping
practices
provisions for
ensuring that
collection and holding
units for run-on and
run-off control
systems are emptied
or managed as soon
as possible after
storms to maintain
design capacity
if treatment is carried
out on the drip pad,
details of process
equipment used, and
the nature and quality
of residuals
description of drip
pad inspections to
meet 264.573
requirements; include
in 270.14(b)(5)
inspection plan
certification that drip
pad design meets
264.573(a)-(f)
requirements
CHECKLIST
REFERENCE
82
82
82
82,92
82,92
FEDERAL RCRA CITATION
270.26(c){11)
270.26(c)(12)
270.26(c)(13)
270.26(c){14)
270.26(c)(15)
ANALOGOUS STATE
CITATION
. STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 41 of 44
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OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Wood Preserving Listings (cont'd)
SPA .13
FEDERAL REQUIREMENTS
description of
removal procedures
at closure under
264.575(a); for
waste not removed at
closure, submittal of
detailed plan and
engineering report to
describe compliance
with 264.310(a) and
(b); information
should be included in
closure plan and.
where applicable.
270.14(b)(13) post-
Josure plan
CHECKUST
REFERENCE
82,92
FEDERAL RCRA CITATION
270.26(c)(16)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
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 3 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).
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.
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.
Page 42 of 44
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OSWER DIRECTIVE NO. 9641.00-19
SPA 13
CONSOLIDATED CHECKLIST: Wood Preserving Listings (cont'd)
6 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.
^ 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."
9 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."
10 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.
11 This paragraph was originally 264.572(a)(4) in Revision Checklist 82. Revision Checklist 91
added a note on administrative stay with no ending date for new drip pads at 264.572(a)(4).
However, 264.572(a)(4) was redesignated as 264.573_(a)(4) by Revision Checklist 92.
Because of this redesignation, the Revision Checklist 91 administrative stay was incorrectly
omitted in the July 1, 1991 and July 1, 1992 CFRs. Note that Revision Checklist 101 added
a second note addressing an administrative stay for existing drip pads at wood preserving
plants until October 31, 1992.
12 Note that a 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).
_ „_ DCWPL13 -R*vi**d: 02/17/93
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OSWER DIRECTIVE NO. 9641.00-19
SPA~13
CONSOLIDATED CHECKLIST: Wood Preserving Listings (cont'd)
13 Note that 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 (56 FR 30192;
Revision Checklist 92).
14 Revision Checklist 92 added a new paragraph to the code and designated it as
264.443(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.
15 Note that 265.443(m)(3) in the Federal Register 55 FR 50450 (December 6, 1990) has an
incorrect reference. The reference to "paragraph (m)(3) of this section" should be to
"paragraph (m)(1)(iv) of this section." This error was addressed by the July 1, 1990 technical
corrections to the rule (56 FR 30192; Revision Checklist 92).
16 Note that the "Special Part B Information Required for Drip Pads" was originally at 270.22 as
introduced into the code by Revision Checklist 82. The Boilers and Industrial Furnaces rule
(56 FR 7134; February 21, 1991; Revision Checklist 85) inadvertently removed section
270.22 from the code. The July 1, 1991 (56 FR 30192; Revision Checklist 92) Wood
Preserving technical corrections notice rectified this problem by redesignating that section, as
introduced by Revision Checklist 82, as 270.26.
_ . f , „ „ DCWPL.13 -R»v»«d: 02/17/93
Page 44 of 44 P™*.* 11/5/93
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OSWER DIRECTIVE NO. 9541.00-19
SPA 13
CONSOLIDATED CHECKLIST
for the
Toxicity Characteristics Revisions as of June 30, 1992
Note: 1) This checklist consolidates the changes to the Federal code addressed by the Toxicity
Characteristic (TO Rule [55 FR 11798; March 29, 1990; Revision Checklist 74] and subsequent
revisions which have occurred through June 30, 1992, as follows:
• Revision Checklist 74 [55 FR 11748 (March 29, 1990), 55 FR 26986 (June 29, 1990)];
• Revision Checklist 80 [55 FR 40834 (October 5, 1990), 56 FR 3978 (February 1. 1991), 56
FR 13406 (April 2, 1991)]; and
• Revision Checklist 84 [56 FR 5910 (February 13, 1991)].
Note that there have been several technical corrections to the TC Rule preamble. An August 2,
1990 (55 FR 31387) notice corrected a typographical error in an implementation timetable found
in the TC Rule's preamble. This error created confusion among small quantity generators
regarding their notification responsibilities for TC wastes. This rule also extended the period of
time within which affected small quantity generators must comply with the new modification
requirements. An August 10, 1990 (55 FR 32377) notice corrected the August 2, 1990 notice.
On September 27, 1990, a clarification to the March 29 final rule was published in the Federal
Register (55 FR 39409) regarding four implementation issues. This clarification also only affected
the TC Rule preamble.
2) Two interim final rules (55 FR 40834; October 5, 1990 and 56 FR 3978; February 1, 1991)
and a final rule (56 FR 13406; April 2, 1991) extended the compliance date of the Toxicity
Characteristic (TC) Rule for certain hydrocarbon recovery and remediation operations. This
extension is addressed by Revision Checklist 80 and included in this Consolidated Checklist.
Because a less stringent requirement than that imposed by the TC Rule was in effect until
January 25, 1993, the incorporation by States of this extension is optional.
3) States are strongly encouraged to adopt the Permit Modifications Rule (53 FR 37912;
September 28, 1988; Revision Checklist 54) and the "Christmas Tree Rule" (54 FR 9596; March
7, 1989; Revision Checklist 61) to ease implementation of the Toxicity Characteristic Rule and
future waste listings. While both of these rules are optional, they will greatly reduce the
immediate permit burden resulting from the TC Rule.
DTC92J.13 - toviMd: 9/21/93
Page 1 of 9 Prim** 11/5/93
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OSWER DIRECTIVE NO. 9541.00-1 9
SPA 13
CONSOLIDATED CHECKLIST : Consolidated Checklist for the
Toxicity Characteristics Revisions as of June 30, 1992 (cont'd)
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
PART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
SUBPART A - GENERAL
EXCLUSIONS
replace
"characteristic of EP
toxicity" with
"Toxicity
Characteristic"
replace
"characteristic of EP
toxicity" with
"Toxicity
Characteristic solely
for arsenic"
add new paragraph
regarding petroleum-
contaminated media
and debris that fail
the 26 1.24 Toxicity
Characteristic test
(D0 18 through D043
only) and are subject
to Part 280 corrective
action
74
74
74
261.4(b)(6)(i)
261.4(b)(9)
261.4(b)(10)
Page 2 of 9
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OSWER DIRECTIVE NO. 9541.00-19
SPA 13
CONSOLIDATED CHECKLIST : Consolidated Checklist for the
Toxicity Characteristics Revisions as of June 30, 1992 (cont'd)
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS.
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
T'2 Extension for Specified Hydrocarbon Recovery Operations
add new paragraph;
until January 25,
1 993, exclusion for
injected groundwater
exhibiting the 261.24
Toxicity
Characteristic that is
infiltrated or
reinjected pursuant to
specified hydrocarbon
recovery operations
existing on or before
March 25, 1991;
extension only until
six months after final
rule publication for
groundwater returned
through infiltration
galleries; conditions
for new operations
involving injection to
qualify for date
extension
operations are
performed pursuant
to a written state
agreement that
includes a provision
to assess the
groundwater and the
need for further
remediation once the
free phase recovery is
completed
80
.
80
261.4(b)(11)
261.4(b)(11)(i)
Page 3 of 9
DTC92J.13 -RcviMd: 9/21/93
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OSWER DIRECTIVE NO. 9541.00-19
SPA 13
CONSOLIDATED CHECKLIST : Consolidated Checklist for the
Toxicity Characteristics Revisions as of June 30, 1992 (cont'd)
FEDERAL REQUIREMENTS
copy of written
agreement has been
submitted to the
Characteristics
Section, U.S.
Environmental
Protection Agency
add new paragraph;
used
chlorofluorocarbon
refrigerants from
totally enclosed heat
transfer equipment,
provided the
refrigerant is
reclaimed for further
use
CHECKLIST
REFERENCE
80
84
FEDERAL RCRA CITATION
261.4(b)(11)(ii)
261.4(b)(12)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
t,4
PCB WASTES REGULATED UNDER TOXIC SUBSTANCE CONTROL ACT
exemption for PCB-
containing wastes,
already regulated
under Part 761
(TSCA), that fail the
26 1.24 Toxicity
Characteristic test
(D0 18 through D043
only)
74
261.8
SUBPART C - CHARACTERISTICS OF HAZARDOUS WASTE
TOXICITY CHARACTERISTIC
remove "EP" before
"toxicity"; insert
"using the
methodology outlined
in Appendix II" after
"after filtering";
change "purposes" to
"purpose"
74
261 .24(a)
Page 4 of 9
DTC92J.13 -RcviMd: 9/21/93
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OSWER DIRECTIVE NO. 9541.00-19
SPA 13
CONSOLIDATED CHECKLIST : Consolidated Checklist for the
Toxicity Characteristics Revisions as of June 30, 1992 (cont'd)
FEDERAL REQUIREMENTS
1 remove "EP" before
"toxicity"; add D0 18
through D043 to
Table 1 ; as per
technical correction.
change the word
"hydroxide" in the
contaminant for
D031 to "epoxide";
add new column with
CAS numbers
CHECKLIST
REFERENCE
74
FEDERAL RCRA CITATION
261.24(b)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 5 of 9
DTC92J.13 - FfeviMd: 9/21/93
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OSWER DIRECTIVE NO. 9541.00-19
SPA 13
CONSOLIDATED CHECKLIST : Consolidated Checklist for the
Toxicity Characteristics Revisions as of June 30, 1992 (cont'd)
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
TABLE 1. - MAXIMUM CONCENTRATION OF CONTAMINANTS FOR THE
TOXICITY CHARACTERISTIC
EPAHW
No.1
D004
D005
0018
D006
D019
D020
D021
D022
D007
D023
D024
0025
D026
0016
D027
0028
D029
0030
D012
D031
D032
D033
DO 34
D008
D013
D009
O014
D035
D036
D037
D038
D010
D011
D039
0015
D040
O041
D042
D017
D043
Contaminant
Arsenic
Barium
Benzene
Carbon tetrachloride ..*.....
Chlordane
Chlorobenzene
Chloroform
Chromium
o-Cresol
m-Cresol
p-Cresol
Cresol
2,4-D
1 ,4-Dichlo. ^benzene
1 ,2-Oichloroethane
1,1-Dichloroethylene
2(4-Dinitrotoluene
Endrin
Heptachlor (and its epoxide) .
Hexachlorobenzene
Hexachlorobutadiene
Hexachloroethane
Lead
Lindane
Mercury
Methoxychlor
Methyl ethyl ketone
Nitrobenzene
Pentrachlorophenol
Pyridine
Selenium
Silver
Tetrachloroethylene
Toxaphene
Trichloroethylene
2,4,5-Trichlorophenol
2,4,6-Trichlorophenol
2,4,5-TP (Silvex)
Vinyl chloride
CAS No. J
7440-38-2
7440-39-3
71-43-2
7440-43-9
56-23-5
57-74-9
108-90-7
67-66-3
7440-47-3
95-48-7
108-39-4
1 06-44-5
94-75-7
1 06-46-7
107-06-2
75-35-4
121-14-2
72-20-8
76-44-8
118-74-1
87-68-3
67-72-1
7439-92-1
58-89-9
7439-97-6
72-43-5
78-93-3
98-95-3
87-86-5
110-86-1
7782-49-2
7440-22-4
127-18-4
8001-35-2
79-01-6
95-95-4
88-06-2
93-72-1
75-01-4
Regulatory
Level (mg/L)
5.0
100.0
0.5
1 0
0.5
0.03
100 0
6.0
5.0
'* 200 0
4 2000
4 200 0
* 200.0
10 0
7 5
0.5
07
J0.13
002
0.008
*0.13
0 5
3 0
5.0
0 4
0.2
10.0
2000
20
100.0
*5.0
1 0
5.0
0.7
0 5
0.5
400.0
2 0
1.0
0 2
Hazardous waste number.
Chemical abstracts service number.
Quantitation limit is greater than the calculated regulatory level. The quantitation limit therefore becomes the regulatory level.
If o-, m-, and p-Cresol concentrations cannot be differentiated, the total cresol (D026) concentration is used. The regulatory level of
total cresol is 200 mg/l.
Page 6 of 9
DTC92J.13 - RcviMd: 9/21/93
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OSWER DIRECTIVE NO. 9541.00-19
SPA 13
CONSOLIDATED CHECKLIST : Consolidated Checklist for the
Toxicity Characteristics Revisions as of June 30, 1992 (cont'd)
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
SUBPART D - LISTS OF HAZARDOUS WASTES
GENERAL
replace "EP Toxic
Waste" in the hazard
codes and in the text
following the hazard
codes with "Toxicity
Characteristic Waste"
74
261.30(b)
APPENDIX II TO PART 261
METHOD 131 1 TOXICITY CHARACTERISTIC LEACHING PROCEDURE (TCLP)
EP toxicity test
procedures are
replaced by Method
131 1 Toxicity
Characteristic
Leaching Procedures
(TCLP)
74
Appendix II
PART 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS
WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SUBPART N - LANDFILLS
DESIGN AND OPERATING REQUIREMENTS
replace "EP toxicity
characteristics" with
"Toxicity
Characteristic"; insert
"with EPA Hazardous
Waste Numbers
D004 through D0 17"
after "chapter"
74
264.301 (e)(1)
.-•;
Page 7 of 9
DTC92J.13 - RcviMd: 9/21/93
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OSWER DIRECTIVE NO. 9641.00-19
SPA 13
CONSOLIDATED CHECKLIST : Consolidated Checklist for the
Toxicity Characteristics Revisions as of June 30, 1992 (cont'd)
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
PART 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF
HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SUBPART K - SURFACE IMPOUNDMENTS
DESIGN REQUIREMENTS
replace "EP toxicity
characteristics" with
"Toxicity
Characteristic"; insert
"with EPA Hazardous
Waste Numbers
D004 through D0 17"
after "chapter"
74
265.221(d)(1)
SUBPART M - LAND TREATMENT
WASTE ANALYSIS
replace "exceed" with
"equal or exceed";
replace "EP toxicity
characteristic" with
"Toxicity
Characteristic"
74
265.273(a)
PART 268 - LAND DISPOSAL RESTRICTIONS
APPENDIX I TO PART 268
TOXICITY CHARACTERISTIC LEACHING PROCEDURE (TCLP)
6 replace Appendix
with note stating the
TCLP is located in
Appendix II of Part
261
74
Appendix I
1 Also see technical corrections to the rule at 55 FR 26986 (June 29, 1990).
2 See the immediate final rules at 55 FR 40834 (October 5, 1990) and 56 FR 3978 (February 1,
1991) and the final rule at 56 FR 13406 (April 2, 1991).
3 A copy of the agreement should be sent to EPA's Characteristics Section; thus, this
Page 8 of 9
DTC92J.13 - Revmd: 9/21/93
Printed: 11/5/93
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OSWER DIRECTIVE NO. 9541.00-19
SPA 13
CONSOLIDATED CHECKLIST : Consolidated Checklist for the
Toxicity Characteristics Revisions as of June 30, 1992 (cont'd)
should remain in a State's code. A copy of the written agreement may also be sent to the
State, if the State chooses to include this requirement.
The final rule (56 FR 5910, February 13, 1991) which introduced this paragraph into the
Federal code is considered "narrower in scope" because it narrows the wastes which are
regulated, by excluding from regulation certain chlorofluorocarbon refrigerants as specified at
261.4(b)(12).
Because the June 29, 1990 (55 FR 26986) notice made extensive corrections to Appendix II,
Part 261, the Appendix in that notice should be used instead of the one in the March 29,
1990 (55 FR 11798) notice.
As background, the TCLP was originally promulgated in 268, Appendix I, on November 7,
1986 (51 FR 40572; Revision Checklist 34) for use in the Land Disposal Restrictions (LDR)
program to determine whether certain wastes require treatment prior to land disposal and to
determine whether certain treated wastes meet the applicable treatment standards. The TC
rule and its June 29, 1990 modification promulgated a revised TCLP at 261, Appendix II, with
modifications based on the Agency's own research and public comment. This TCLP is to be
used in both the TC and the LDR programs. The objective of the above footnoted revision to
268, Appendix I, is to assure that the TCLP entered into the code by the November 7, 1986
notice (51 FR 40572; Revision Checklist 34) is removed and replaced by the TCLP entered
into the code and amended by the final rules (55 FR 11798 and 55 FR 26986) addressed by
Revision Checklist 74. The actual placement of the TCLP within a State's code is not that
important, per se; what is important is that a State's code contains only the Revision
Checklist 74 TCLP. States that have not yet adopted Revision Checklist 34 (the first of the
LDR restrictions) need not make this particular revision to 268, Appendix I, as they would not
yet have entered the original Part 268 TCLP into their code. Also, the change on page 7 of
this checklist for 261, Appendix II, assures that they add the Revision Checklist 74 TCLP to
their code. However, such States must be careful when adding the LDR restrictions to their
code, i.e., the Revision Checklist 34 TCLP should not be added at that time-rather, the
Revision Checklist 74 TCLP should remain the only TCLP in their code. States using the
Consolidated LDR Checklist should be sure to read the relevant footnote on that checklist
regarding this issue.
.. _ , _ OTC92J.13 -RcviMd: 9/21/93
Page 9 of 9 . ?*««: 11/5/93
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OSWER DIRECTIVE NO. 9541.00-19
SPA 13
CONSOLIDATED CHECKLIST
for
Bevill Exclusion for Mining Wastes as of June 30, 1992
1) This checklist consolidates the changes to the Federal code addressed by the Bevill exclusion
for mining wastes and subsequent revisions that have occured through June 30, 1992 by the
following checklists:
• Revision Checklist 53 (53 FR 35412; September 13, 1988)
• Revision Checklist 65 (54 FR 36952; September 1, 1989)
• Revision Checklist 71 (55 FR 2322; January 23, 1990)
• Revision Checklist 90 (56 FR 27300, June 13, 1991).
The "Checklist Reference" column indicates which of these checklists have affected each listed
citation.
2) Note that in the Federal Register notice addressed by Revision Checklist 90, a series of
appendices follows the change made to 40 CFR 261.4(b)(7). These appendices were not
included in this consolidated checklist because they will not appear in the Code of Federal
Regulations and because the subjects of these appendices are the Public Comments on EPA's
Report to Congress and the Notice of Data Availability.
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOG
OUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
PART 260 - HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL
SUBPART B - DEFINITIONS
DEFINITIONS
1 revise "designated
facility"
71
260.10
Page 1 of 5
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OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Bevill Exclusion for Mining Wastes (cont'd)
SPAJi
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOG
OUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
PART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTES
SUBPART A - GENERAL
DEFINITION OF HAZARDOUS WASTE
add exception for mixture
of a 261.4(b){7) waste
and a solid waste
exhibiting a Subpart C
characteristic unless
resultant mixture meets
certain characteristic
conditions; mixture is
hazardous relative to the
EP toxicity characteristic
add "of this part" after
"Subpart D"; add
language excepting
mixtures of hazardous
waste and solid waste
excluded under
261.4(b)(7) and the
mixture no longer exhibits
hazardous characteristics
for which the hazardous
waste was listed in
Subpart D
65
65
261.3(a)(2)(i)
261.3(a)(2)(iii)
EXCLUSIONS
define beneficiation; for
purpose of 261. 4(b)(7),
solid waste from the
processing of ores
includes:
53,65,71,
90
261.4(b)(7)
Page 2 of 5
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OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Bevill Exclusion for Mining Wastes (cont'd)
SPA 13
FEDERAL REQUIREMENTS
specific solid wastes from
the processing of ores
and minerals
CHECKLIST
REFERENCE
53,65,71
53,71
71
FEDERAL RCRA CITATION
261.4(b)(7)(i)
261.4(b)(7)(ii)
261.4(b)(7)(iii)
261.4(b)(7)(iv)
261.4(b)(7)(v)
261.4(b)(7)(vi)
261.4(b)(7)(vii)
261.4(b)(7)(viii)
261.4(b)(7)(ix)
261.4(b)(7)(x)
261.4(b)(7)(xi)
261.4(b)(7)(xii)
261.4(b)(7)(xiii)
261.4(b)(7)(xiv)
261.4(b)(7)(xv)
261.4(b)(7)(xvi)
261.4{b)(7)(xvii)
261 .4(b)(7)(xviii)
261.4(b)(7)(xix)
261.4(b)(7)(xx)
ANALOG
OUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
SUBPART D - LISTS OF HAZARDOUS WASTES
HAZARDOUS WASTES FROM SPECIFIC SOURCES
add, after entries for "iron
and steel" and before
entries for "Secondary
lead," the following:
53
261.32
Page 3 of 5
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OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Bevill Exclusion for Mining Wastes (cont'd)
SPA-13
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOG
OUS
STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
Industry and EPA
BROADER
IN SCOPE
hazardous waste
No. Hazardous waste Hazard code
Primary aluminium:
K088 Spent potliners from primary aluminum reduction
(T)
APPENDIX VII TO PART 261
BASIS FOR LISTING HAZARDOUS WASTE
add the following in the
appropriate numerical
sequence:
53
Appendix VII
EPA hazardous
waste No. Hazardous constituents for which listed
K088
Cyanide (complexes).
PART 262 - STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE
SUBPART B - THE MANIFEST
USE OF MANIFEST
add new paragraph
siting requirements
when shipping
hazardous waste to a
designated facility in
an authorized State
which has not yet
obtained authorization
to regulate that
particular waste as
hazardous
71
262.23(e)
Page 4 of 5
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OSWER DIRECTIVE NO. 9541.00-19
SPA 13
CONSOLIDATED CHECKLIST: Bevill Exclusion for Mining Wastes (cont'd)
1 Note that this definition in the Federal Register (55 FR 2353, January 23, 1990) and in the
July 1, 1990, 1991 and 1992 CFRs contains a typographical error. The reference to 260.20
should be 262.20.
2 Note that on March 29, 1990 (55 FR. 11798; Revision Checklist 74), EPA promulgated the
Toxity Characterictic (TC) Rule which replaced the EP Toxicity Characteristic with the Toxicity
Characteristic Leaching Procedure. However, the March 29, 1990 rule and subsequent
revisions to the TC Rule failed to correct the reference to the EP Toxicity characteristic at
261.3(a)(2)(i). This error has been corrected by the June 1, 1992 interim final rule (56 FR
23062). Thus, States which have adopted the TC Rule must replace the reference to the EP
Toxicity characteristic with a reference to the Toxicity Characteristic.
3 Note that the BIF Rule as addressed by Revision Checklist 85 (56 FR 7134; February 21,
1991) amended this paragraph by exempting facilities that bum or process hazardous waste,
as provided by 266.112, from the exclusion. States which have adopted the Revision
Checklist 85 provisions must also adopt the changes addressed by that checklist for this
paragraph.
4 The list of excluded wastes from the processing of ores and minerals, currently represented by
261.4(b)(7)(i)-(xx) as per Revision Checklist 71, has undergone extensive formatting changes
over time. Revision Checklist 53 addressed a fairly short list of wastes numbered
261.4(b)(7)(i)-(vi). Revision Checklist 65 made significant changes in that 261.4(b)(7)(i)(A)-(E)
represented five wastes retained under the exclusion, and 261.4(b)(7)(ii)(A)-(T) represented
twenty wastes conditionally retained under the exclusion. Citations numbered (b)(7)(iii)(-(vi)
were omitted at that point in time. Finally, Revision Checklist 71 resulted in a list of 20
wastes retained under the exclusion, numbered 261.4(b)(7)(i)(-(xx). Therefore, the references
to Checklists 53 and 65 in the "Checklist reference" column are relevant only insofar as the
numbering format on the Federal RCRA citations are concerned, as opposed to the text of the
citations. Many of the wastes addressed by Revision Checklist 65 under paragraphs (i) and (ii)
are addressed in paragraphs (i)-(xx) in Revision Checklist 71.
DCMW.13 -RcviMd: 01/11/93
Page 5 of 5 Prim** 11/5/93
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OSWER DIRECTIVE NO. 9541.00-19
SPA 13
CONSOLIDATED CHECKLIST
for the
Land Disposal Restrictions as of June 30, 1992
Note: 1) This checklist consolidates the changes to Federal code addressed by the following
Land Disposal Restrictions (LDR) checklists:
Revision Checklist 34 [51 FR 40572 (November 7, 1986), 52 FR 21010 (June 4, 1987)];
Revision Checklist 39 [52 FR 25760 (July 8, 1987), 52 FR 41295 (October 27, 1987)];
Revision Checklist 50 [53 FR 31138 (August 17, 1988), 54 FR 8264 (February 27, 1989)];
Revision Checklist 62 [54 FR 18836 (May 2, 1989)];
Revision Checklist 63 [54 FR 26594 (June 23, 1989)];
Revision Checklist 66 [54 FR 36967 (September 6, 1989), 55 FR 23935 (June 13, 1990)1;
Revision Checklist 78 [55 FR 22520 (June 1, 1990)1;
Revision Checklist 83 [56 FR 3864 (January 31, 1991)];
Revision Checklist 95 [56 FR 41164 (August 19, 1991)1;
Revision Checklist 102 [57 FR 8086 (March 6, 1992)];
Revision Checklist 103 [57 FR 20766 (May 15, 1992)1;
Revision Checklist 106 [57 FR 28628 (June 26, 1992)];
The LDR "Checklist Reference" column indicates which of these checklists have affected each
listed citation. Subsequent to promulgation of the first LDR rule (i.e., the rule addressed by
Revision Checklist 34), checklists other than the LDR checklists have also affected certain
sections of code addressed by the LDR checklists. The effects of these subsequent checklists are
indicated in footnotes. Of special note are 270.42(o)&(p) and 270.72(e). In both cases,
subsequent checklists either removed or redesignated these sections of code. The section
numbering found in the associated LDR final rule for these paragraphs is used, rather than the
new numbering found in the subsequent checklists.
An exception to the footnoting procedure is the effect which the Toxicity Characteristics Rule had
on the TCLP procedure. Because the new TCLP procedure is integral to the Third Third Rule
requirements (see Note 6 below), this change made by Revision Checklist 74, a non-LDR
checklist, is noted in the LDR checklist reference column. An explanatory footnote is also
included.
2) The following Part 268 sections are not delegable to States because of the national concerns
which must be examined when decisions are made relative to them: 268.5 (case-by-case
effective date extensions); 268.42(b) (application for alternate treatment method); and 268.44
(variance from a treatment standard). "No migration" petitions under 268.6 will be handled by
EPA, even though States may be authorized to grant such petitions in the future. States have the
authority to grant such petitions under RCRA Section 3006 because such decisions do not require
a national perspective, as is the case for decisions under 268.5, 268.42(b) or 268.44. However,
EPA has had few opportunities to implement the land disposal restrictions and expects to gain
valuable experience and information from reviewing "no-migration" petitions.
_ , __ DUJH.13 -FtoviMd: 02/19/93
Page 1 of. 89 P***.. 11/5/93
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OSWER DIRECTIVE NO. 9641 .00-1 9
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1992 (cont'd)
3) In the past, the nondelegable sections/paragraphs of the LDR regulations have been omitted
from the LDR checklists because States could not assume the authority for them. However, this
procedure has led to confusion among the States on how to handle the sections/paragraphs in
their code. For this reason, the Agency has decided to include these nondelegable sections on
the LDR checklists. To differentiate these sections from the delegable portions of the LDR
restrictions, asterisks precede (a single row) and follow (a double row) each nondelegable section.
If States have already filled out a version of this Consolidated Land Disposal Restriction Checklist
which does not include the nondelegable sections, they need not fill out a revised version
containing these sections. This change in format was made only to improve clarity.
The Agency suggests that States incorporate the nondelegable portions of the LDR regulations
into their regulations because this incorporation aids the regulated community in knowing that the
extensions, exemptions and variances addressed by the nondelegable sections of code are
available to them. It is essential, however, that States leave the terms "Administrator", "Federal
Register" and "Agency" unchanged, i.e.. States may noj substitute analogous State terms for
these Federal terms. Similarly, States incorporating by reference must be careful to exclude these
sections from blanket substitutions of State terms for Federal terms. For a more complete
discussion of issues surrounding nondelegable sections, see Appendix J of the State
Authorization Manual (SAM).
4) Note that while 268.40 is delegable to States, "Administrator" in the following phrase
"approved by the Administrator under the procedures set forth in 268.42(b)" should not be
replaced in 268.40(b) with an analogous State term because it is referring to decisions under
268.42(b). Such decisions will be made by the EPA Administrator.
5) States do not need to adopt requirements equivalent to 40 CFR 268.10, 268.1 1 , 268.1 2 and
268.13 because these sections of code contain the schedule by which EPA must evaluate wastes
for land disposal restrictions. As such, these sections of code are not included in this
'consolidated checklist.
6) Note that the Toxicity Characteristic Leaching Procedure (TCLP) referred to by the Third Third
Scheduled Waste Rule is the TCLP entered into the Federal code at 40 CFR 261 Appendix II by
the Toxicity Characteristic Rule (55 FR 1 1798, March 29, 1990) and amended at 55 FR 26986
(June 29, 1990). (Both the Toxicity Characteristic Rule and the June amendment are addressed
by Revision Checklist 74.) The TCLP procedure previously located at 40 CFR Part 268, Appendix
I and introduced by the Solvents and Dioxins Land Disposal Restrictions Rule (51 FR 40572;
November 7, 1986; Revision Checklist 34) is the outdated version of the TCLP. Thus, States
adopting the Third Third Scheduled Waste Rule must also adopt the new version of the TCLP. If
a State has already adopted the Revision Checklist 34 TCLP, this version must be replaced with
the Revision Checklist 74 TCLP. See Footnote 42 of this checklist.
7) Guidance regarding the use of the new TCLP versus the EP Toxicity Test may be found at 55
FR 22660 (June 1, 1990).
_ _ , __ DLDR13 -RcviMd: 02/19/93
Page 2 of. 89 P***-. 11/5/93
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OSWER DIRECTIVE NO. 9541.00-1 9
SPA 13
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1992 (cont'd)
8) Adopting the alternate treatment standards for lab packs is optional. However, if a State
chooses to adopt these alternate standards, all of the requirements related to these standards
must be adopted, including all of the provisions added by the Third Third Scheduled Waste Rule
(i.e.. Revision Checklist 78) at 264.316(f), 265.316(f), 268.7(a){8), 268.7(a)(9), 268.42(c),
268.42(c){1)-(4), and Appendices IV and V to Part 268.
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
PART 260 - HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL
SUBPART A - GENERAL
PURPOSE, SCOPE, AND APPLICABILITY
insert "and 268"
insert "and 268"
insert "and 268"
insert "and 268"
insert "and 268"
34
34
34
34
34
260.1 (a)
260.1 (b)(1)
260.1(b)(2)
260.1(b)(3)
260.1(b)(4)
AVAILABILITY OF INFORMATION; CONFIDENTIALITY OF INFORMATION
insert "and 268"
insert "and 268"
34
34
260. 2(a)
260. 2(b)
USE OF NUMBER AND GENDER
insert "and 268"
34
260.3
SUBPART B - DEFINITIONS
DEFINITIONS
insert "and 268" to
introductory text
34 ,
260.10
REFERENCES
1 ,2 Parts 260 through
270
39
260. 11 (a)
Page 3 of. 89
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OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1992 (cont'd)
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
SUBPART C - RULEMAKING PETITIONS
GENERAL
insert "and 268"
t34
260.20(a)
PART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
SUBPART A - GENERAL
PURPOSE AND SCOPE
insert "268,"
insert ", 268"
34
34
261.1 (a)
261.1(a)(1)
DEFINITION OF HAZARDOUS WASTE
t add new paragraph
which excludes as
hazardous waste
certain
nonwastewater
residues resulting
from high
temperature 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
95
261.3(c){2)(ii)(C)
Page 4 of 89
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OSWER DIRECTIVE NO. 9641.00-19
SPA 13
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1992 (cont'd)
FEDERAL REQUIREMENTS
add parenthetical
phrase regarding
characteristic waste,
no longer exhibiting a
characteristic, that
still may be subject
to 268 requirements
CHECKLIST
REFERENCE
83
FEDERAL RCRA CITATION
261.3(d){1)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
EXCLUSIONS
t add new paragraph
which excludes as
solid waste
nonwastewater
splash condenser
dross residue from
the treatment of
K061 in high
temperature metals
recovery units,
provided it is shipped
in drums and not land
disposed before
recovery
insert "268,"
remove "267" and
insert "268"
.
95
34
34
261.4(a)(11)
261. 4(c)
261.4(d}(1)
SPECIAL REQUIREMENTS FOR HAZARDOUS WASTE GENERATED BY CONDITIONALLY EXEMPT
SMALL QUANTITY GENERATORS
insert ", 268,"
insert ", 268,"
insert ", 268,"
3 insert ", 268,"
insert ", 268,"
34
34
34
34
34
261. 5(b)
261. 5(c)
261.5{e)
261.5(f){2)
26l.5(g)(2)
Page 5 of 89
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OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1992 (cont'd)
SPAO3
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
REQUIREMENTS FOR RECYCLABLE MATERIALS
insert "268,"
insert "268,"
34
34
261.6(a)(3)
261.6(c)(1)
RESIDUES OF HAZARDOUS WASTE IN EMPTY CONTAINERS
insert "268,"
insert "268,"
34 .
34
261.7(a)(1)(ii)
261.7(a){2)(ii)
SUBPART C - CHARACTERISTICS OF HAZARDOUS WASTE
GENERAL
insert "268,"; remove
", but is not listed as
a hazardous waste in
Subpart D"; change
"the EPA" to "every
EPA"; insert "that is
applicable as" before
"set forth"; remove
"in the respective
characteristic" before
"in this Subpart";
insert "used" after
"This number must
be"; before
"recordkeeping"
change "certain" to
"all applicable"
34,
78,83
261.20(b)
CHARACTERISTIC OF IGNITABILITY
remove ", but is not
listed as a hazardous
waste in Subpart D,"
78
261.21(b)
Page 6 of. 89
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-------
OSWER DIRECTIVE NO. 9641.06-19
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1992 (cont'd)
SPA 13
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
CHARACTERISTIC OF CORROSIVITY
remove " , but is not
listed as a hazardous
waste in Subpart D,"
78
261.22(b)
CHARACTERISTIC OF REACTIVITY
remove ", but is not
listed as a hazardous
waste in Subpart D,"
78
261.23(b)
TOXICITY CHARACTERISTIC
remove ", but is not
listed as a hazardous
waste in Subpart D,"
78
261.24(b)
SUBPART D - LISTS OF HAZARDOUS WASTES
GENERAL
insert "268,"
34
261.30(c)
HAZARDOUS WASTES FROM NON-SPECIFIC SOURCES
add the waste
"F039" in alpha-
numeric order to list
78,83
261. 31 (a)
DISCARDED COMMERCIAL CHEMICAL PRODUCTS, OFF-SPECIFICATION SPECIES, CONTAINER
RESIDUES, AND SPILL RESIDUES THEREOF
5 insert "or (f)" after
"(e)"; change
"261.7(b)(3)" to
"261. 7(b)"
78
261.33(C)
APPENDIX VII, PART 261
BASIS FOR LISTING HAZARDOUS WASTE
add "F039" to list in
alphanumeric order
78
Appendix VII
Page 7 of 89
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OSWER DIRECTIVE NO. 9541.00-1 9
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1992 (cont'd)
SPAJJ3
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
PART 262 - STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE
SUBPART A - GENERAL
HAZARDOUS WASTE DETERMINATION
in the first sentence.
replace "If" with "For
purposes of
compliance with 40
CFR Part 268, or if";
remove "as a
hazardous waste"
after "listed"; replace
"he must determine"
with "the generator
must then determine"
add new paragraph
regarding possible
exclusions or
restrictions in Parts
264, 265 or 268
78,83
34
262.11(c)
262.11(d)
i
SUBPART C - PRE-TRANSPORT REQUIREMENTS
ACCUMULATION TIME
replace "and with
§265.16" with
", with §265.16, and
with 40 CFR 268. 7(a)
(4)"
replace "and"
between "section"
and "the
requirements" with
";" and add "the
requirements of 40
CFR 268.7(a)(4)"
78
83
262.34(a)(4)
262.34(d)(4)
Page 8 of 89
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OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1992 (cont'd)
SPA 13
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
SUBPART G - FARMERS
FARMERS
6 pesticide disposal by
farmers
t39
262.70
PART 263 - STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE
SUBPART A - GENERAL
TRANSFER FACILITY REQUIREMENTS
insert ",268"
34
263.12
PART 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE
TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SUBPART A - GENERAL
PURPOSE, SCOPE AND APPLICABILITY
7 add new paragraph
regarding facilities to
which Part 264
applies
34
264. 1(h)
SUBPART B - GENERAL FACILITY STANDARDS
GENERAL WASTE ANALYSIS
7,8 insert "Part 268";
add sentence
regarding what
information, at a
minimum, the waste
analysis must contain
34,102
264.1 3(a)(1)
Page 9 of 89
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OSWER DIRECTIVE NO. 9541.00-1 9
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1992 (cont'd)
FEDERAL REQUIREMENTS
revise comment
following paragraph
(a)(2) as follows:
remove "or all" after
"supply part"; add ",
except as otherwise
specified in 40 CFR
268.7(b) and (c)." to
the second sentence
insert "268.7"
add new paragraph
and subparagraphs
regarding exempted
surface impoundment
plan specifications
sampling
impoundment
contents
analysis procedures
annual removal of
specific residues;
criteria:
do not meet
treatment standards
of Part 268, Subpart
D
where no treatment
standards have been
established
prohibited disposal of
residues under
268.32 or RCRA
3004(d)
CHECKLIST
REFERENCE
78
34
34
34
34
34,
39,50
50
50
50
FEDERAL RCRA CITATION
264.13(a)(2)
264.1 3(b)(6)
264.13(b)(7)
264.13(b)(7)(i)
264.13(b)(7)(ii)
264.13(b)(7)(iii)
264.13(b)(7)(iii)
(A)
264.13(b){7)(iii)
(B)
264.13{b)(7)(iii)
(B)(1)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 10 of 89
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OSWER DIRECTIVE NO. 9541.00-19
SPA 13
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1992 (cont'd)
FEDERAL REQUIREMENTS
prohibited disposal of
residues under
268.33(f)
CHECKLIST
REFERENCE
50 .
FEDERAL RCRA CITATION
264.13(b)(7)(iii)
(B)<2)
ANALOGOUS STATE
CITATION
STATE ANALOG is:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
SUBPART E - MANIFEST SYSTEM, RECORDKEEPING, AND REPORTING
OPERATING RECORD
add "268.4(a>" and
"268.7"
add new paragraph;
records for each
shipment placed in
units under a 268.5
extension, a 268.6
petition, or a 268.8
certification; 268. 7(a)
generator notice
add new paragraph;
off-site treatment
facility requirements
add new paragraph;
on-site treatment
~ facility requirements
add new paragraph;
off-site land disposal
facility requirements
7 add new paragraph;
on-site land disposal
facility requirements
add new paragraph;
off-site storage
facility requirements
add new paragraph;
on-site storage
facility requirements
34
34,50
34,50
34,50
34,50
34,50
50
50
264.73(b)(3)
264.73(b){10)
264.73(b)(1 1)
264.73(b)(12)
264.73(b)(13)
264.73(b)(14)
264.73(b)(15)
264.73(b)(16)
•
Page 11 of 89
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OSWER DIRECTIVE NO. 9541.00-19
SPA A3
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1992 (cont'd)
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
SUBPART K - SURFACE IMPOUNDMENTS
SPECIAL REQUIREMENTS FOR IGNITABLE OR REACTIVE WASTE
insert "the waste and
impoundment satisfy
all applicable
requirements of 40
CFR Part 266, and"
after "unless"
78
264.229
SUBPART L - WASTE PILES
SPECIAL REQUIREMENTS FOR IGNITABLE OR REACTIVE WASTE
insert "the waste and
waste pile satisfy all
applicable
requirements of 40
CFR Part 268, and"
after "unless"
78
264.256
SUBPART M - LAND TREATMENT
SPECIAL REQUIREMENTS FOR IGNITABLE OR REACTIVE WASTE
insert "the waste and
the treatment zone
meet all applicable
requirements of 40
CFR Part 268, and"
after "unless"
78
264.281
Page 12 of 89
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OSWER DIRECTIVE NO. 9541.00-1 9
SPA 13
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1992 (cont'd)
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
SUBPART N - LANDFILLS
SPECIAL REQUIREMENTS FOR IGNITABLE OR REACTIVE WASTE
replace "in treated,
rendered, or mixed
before or immediately
after placement in a
landfill so that:" with
"and landfill meet all
applicable
requirements of Part
268, and:"
begin the first
sentence with
"Except for prohibited
wastes which remain
subject to treatment
standards in Subpart
D of Part 268,"
78
78
264.312(a)
264.3 12(b)
DISPOSAL OF SMALL CONTAINERS OF HAZARDOUS WASTE IN OVERPACKED DRUMS (LAB
PACKS)
t,9 add new paragraph
regarding disposal in
compliance with Part
268; requirement for
fiber drums to meet
DOT specifications
and 264.3 16(b)
requirements if
incinerate lab packs
78
264.316(f)
Page 13 of 89
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OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1992 (cont'd)
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
PART 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS
WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SUBPART A - GENERAL
PURPOSE, SCOPE, AND APPLICABILITY
7 add new paragraph
regarding facilities to
which Part 265
applies; Part 268
standards are
material conditions of
the 265 standards
34,78
265.1(e)
SUBPART B - GENERAL FACILITY STANDARDS
GENERAL WASTE ANALYSIS
8 insert "Part 268";
add sentence
regarding what
information, at a
minimum, the waste
analysis must contain
revise comment
following
subparagraph (a)(2)
as follows: remove
"or all" after "supply
part"; add ", except
as otherwise
specified in 40 CFR
268.7(b) and (c)." to
the second sentence
insert "268.7"
34,102
78
34 •
265.13(a)(1)
265.13(a)(2)
265.13(b)(6)
Page 14 of 89
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OSWER DIRECTIVE NO. 9541.00-19
SPA 13
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1992 (cont'd)
FEDERAL REQUIREMENTS
add new paragraph
and subparagraphs
regarding exempt
surface impoundment
plan specifications
sampling
impoundment
contents
analysis procedures
annual removal of
specific residues;
criteria:
do not meet
treatment standards
of Part 268, Subpart
D
where no treatment
standards have been
established
prohibited disposal of
residues under
268.32 or RCRA
3004(d)
prohibited disposal of
residues under
268.33(f)
CHECKLIST
REFERENCE
34
34
34
34, .
39,50
50
50
50
50
FEDERAL RCRA CITATION
265.13(b)(7)
265.13(b)(7)(i)
265.13(b)(7)(ii)
265.13(b)(7)(iii)
265.13(b)(7)(iii)
(A)
265.13(b)(7)(iii)
(B)
265.13(b)(7)(iii)
(B)(1)
265.13(b)(7)(iii)
(B)(2)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
SUBPART E - MANIFEST SYSTEM, RECORDKEEPING, AND REPORTING
OPERATING RECORD
add "268.4(3)" and
"268.7"
34
265.73(b)(3)
Page 15 of 89
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OSWER DIRECTIVE NO. 9641.00-19
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1992 (cont'd)
FEDERAL REQUIREMENTS
add new paragraph;
records for each
shipment placed in
units under a 268.5
extension, a 268.6
petition, or a 268.8
certification; 268. 7(a)
generation notice
add new paragraph;
off-site treatment
facility requirements
add new paragiaph;
on-site treatment
facility requirements
add new paragraph;
off-site land disposal
facility requirements
add new paragraph;
on-site land disposal
facility requirements
add new paragraph;
off-site storage
facility requirements
add new paragraph;
on-site storage
facility requirements
CHECKLIST
REFERENCE
34,50
34,50
34,50
34,50
34,50
50
50
FEDERAL RCRA CITATION
265.73(b)(8)
265.73(b)(9)
265.73(b)(10)
265.73(b)(11)
265.73(b){12)
265.73(b)(13)
265.73(b)(14)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
SUBPART K - SURFACE IMPOUNDMENTS
SPECIAL REQUIREMENTS FOR IGNITABLE OR REACTIVE WASTE
insert "the waste and
impoundment satisfy
all applicable
requirements of 40
CFR Part 268, and"
after "unless"
78
265.229
Page 16 of 89
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OSWER DIRECTIVE NO. 9541.00'-! 9
SPA 13
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1992 (cont'd)
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
SUBPART L - WASTE PILES
SPECIAL REQUIREMENTS FOR IGNITABLE OR REACTIVE WASTE
insert "the waste and
pile satisfy all
applicable
requirements of 40
CFR Part 268, and"
after "unless"
78
265.256
SUBPART M - LAND TREATMENT
SPECIAL REQUIREMENTS FOR IGNITABLE OR REACTIVE WASTE
insert "the waste and
treatment zone meet
all applicable
requirements of 40
CFR Part 268, and"
after "unless"
78
265.281
SUBPART N - LANDFILLS
SPECIAL REQUIREMENTS FOR IGNITABLE OR REACTIVE WASTE
replace "is treated,
rendered, or mixed
before or immediately
after placement in a
landfill so that:" with
"and landfill meets all
applicable
requirements of 40
CFR Part 268, and:"
begin the first
sentence with
"Except for prohibited
wastes which remain
subject to treatment
standards in Subpart
D of Part 268,"
78
78
265.312(a)
265.31 2(b)
Page 17 of 89
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OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1992 (cont'd)
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
DISPOSAL OF SMALL CONTAINERS OF HAZARDOUS WASTE IN OVERPACKED DRUMS (LAB
PACKS)
t,9 add new paragraph
regarding disposal in
compliance with Part
268; requirement for
fiber drums to meet
DOT specifications
and 265.31 6(b)
requirements if
incinerate lab packs
78
265.31 6(f)
Page 18 of 89
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OSWER DIRECTIVE NO. 9541.00-1 9
SPA 13
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1992 (cont'd)
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
tN SCOPE
PART 266 - STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND
SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES
SUBPART C - RECYCLABLE MATERIALS USED IN A MANNER CONSTITUTING DISPOSAL
APPLICABILITY
add language to
reflect that products
for general public's
use ar.e not subject to
regulation if they
meet treatment
requirements of 268
Subpart D or
prohibition levels of
268.32 or 3004(d)
where no treatment
standards; delete the
word "constituent"
from the
parenthetical phrase
following "recyclable
material"; add
sentence exempting
from regulation
commercial fertilizers
produced for the
general public's use
that contain
recyclable materials;
zinc-containing
fertilizers using K061
not subject to this
requirement
-
50,66
266.20(b)
Page 19 of 89
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: 02/19/93
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OSWER DIRECTIVE NO. 9641.00-19
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1992 (cont'd)
SP,
AO3
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
PART 268 - LAND DISPOSAL RESTRICTIONS
SUBPART A - GENERAL
PURPOSE, SCOPE AND APPLICABILITY
purpose
applicability
conditions for
continued land
disposal:
7 persons with an
extension
7 persons with an
exemption
0 wastes that are
hazardous only
because they exhibit
a hazardous
characteristic, and
which are otherwise
prohibited from land
disposal, are not
prohibited from land
disposal if the
wastes:
disposed into a
nonhazardous or
hazardous injection
well as defined in 40
CFR 144.6(a)
do not exhibit any
prohibited
characteristic of
hazardous waste at
the point of injection
34
34
34,66
34
34
34,
39,50,
66,78
78
78
268.1 (a)
268. Kb)
268. 1(c)
268.1(c)(1)
268.1(0(2)
268.1(0(3)
268.1(c)(3)(i)
268.1(c)(3)(ii)
Page 20 of 89
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OSWER DIRECTIVE NO. 9641.00-19
SPA 13
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1992 (cont'd)
FEDERAL REQUIREMENTS
removed
removed
preserve waiver
availability under
121(d)(4) of CERCLA
wastes which are not
subject to any
provisions of Part
268:
wastes generated by
generators of less
than 1 00 kg of
hazardous waste or
less than 1 kg of
acute hazardous
waste, as defined in
261.5
waste pesticides that
a farmer disposes
pursuant to 262.70
wastes identified or
listed as hazardous
after November 8,
1984 for which EPA
has not promulgated
land disposal
prohibitions or
treatment standards
CHECKLIST
REFERENCE
34,39,
50,66
39,48.
50,78
50
66
66
66
66
FEDERAL RCRA CITATION
268.1(c)(4)
268.1(c)(5)
268. 1(d)
268.1(6)
268.1(e)(1)
268.1(e)(2)
268.1(e)(3)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
11
12
DEFINITIONS APPLICABLE TO THIS PART
introductory
paragraph regarding
definitions
78
268.2
Page 21 of 89
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OSWER DIRECTIVE NO. 9541.00-19
SP
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1992 (cont'd)
FEDERAL REQUIREMENTS
"halogenated organic
compounds" or
"HOCs"
13 "hazardous
constituent or
constituents"
13
"land disposal"
"nonwaste waters"
14 "polychlorinated
biphenyls" or "PCBs"
"waste waters"
"F001,F002, F003,
F004, F005 solvent-
water mixtures"
"K011,K013, K014
wastewaters"
"K103 and K104
_ wastewaters"
"inorganic solid
debris"; specific
inorganic or metal
materials:
metal slags
glassified slag
glass
concrete
masonry and
refractory bricks
CHECKLIST
REFERENCE
39,78
34,78
34,
39,78
78,83
39,78
78
78,83
78,83
78
78,83
78,83
78,83
78,83
78,83
78,83
FEDERAL RCRA CITATION
268.2(3)
268. 2(b)
268. 2(c)
268. 2(d)
268.2(e)
268. 2(f)
268.2(f)(1)
268.2(f)(2)
268.2(f)(3)
268.2(g)
268.2(g)(1)
268.2(g){2)
268.2(g)(3)
268.2(g)(4)
268.2(g)(5)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 22 of 89
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OSWER DIRECTIVE NO. 9541.00-19
SPA 13
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1992 (cont'd)
FEDERAL REQUIREMENTS
metal cans,
containers, drums or
tanks
metal nuts, bolts,
pipes, pumps, valves,
appliances or
industrial equipment
scrap metal as
defined in 40 CFR
261.1(c)(6)
CHECKLIST
REFERENCE
78,83
78,83
78
FEDERAL RCRA CITATION
268.2(g)(6)
268.2(g){7)
268.2(g)(8)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
DILUTION PROHIBITED AS A SUBSTITUTE FOR TREATMENT
except as provided in
268. 3(b), dilution not
substitute for
treatment; restriction
regarding
circumvention of
effective dates and
avoidance of
prohibition of Subpart
C or RCRA 3004
permissible forms of
dilution related to
Sections 307 or 402
of the CWA;
exception for D003
reactive cyanide
wastewater or
nonwastewater
34,
39,78
78,102
268.3(a)
268. 3(b)
15
t TREATMENT SURFACE IMPOUNDMENT EXEMPTION
when prohibited
wastes may be
treated in a surface
impoundment
34
268.4(a)
Page 23 of 89
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OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1992 (cont'd)
FEDERAL REQUIREMENTS
treatment occurs in
impoundments
soft hammer wastes
in treatment surface
impoundments that
meet a list of
conditions:
sampling and testing
requirements for
wastes with and
without treatment
standards;
supernatant and
sludge samples
tested separately
annual removal of
specific residues;
residues subject to
valid certification;
flow-through
standard of removal
for supernatant
requirements for
subsequent
management of
treatment residues in
another
impoundment;
prohibited unless
certification under
268.8 and standards
of 268. 8(a) are met
recordkeeping
requirements must be
specified in the
facility's waste
analysis plan
CHECKLIST
REFERENCE
34
34,
39,50
50
50
50
50
FEDERAL RCRA CITATION
268.4(a)(1)
268.4(a)(2)
268.4(a)(2)(i)
268.4(a)(2)(ii)
268.4(a)(2)(iii)
268.4(a)(2)(iv)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 24 of 89
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OSWER DIRECTIVE NO. 9541.00-19
SPA 13
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1992 (cont'd)
FEDERAL REQUIREMENTS
7 design requirements/
exemptions
exempt under
264.221 (d) or (e) or
265. 221 (c) or (d)
7
conditions under
which Administrator
grants waiver of
requirements; meets
§3005(j)(2)
7 modification granted
on basis of a
demonstration of no
migration into
groundwater or
surface water at any
future time; satisfies
§3005(j)(11) no
migration
7 submittal of written
certification and
waste analysis plan
evaporation of
hazardous
constituents not
considered treatment
for exemption
purposes
CHECKLIST
REFERENCE
34
34
34
34
34
39
FEDERAL RCRA CITATION
268.4(a)(3)
268.4(a)(3)(i)
268.4(a)(3)(ii)
268.4(a)(3)(ii)(A)
268.4(a)(3)(ii)(B)
268.4
-------
OSWER DIRECTIVE NO. 9541.00-1 9
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1992 (cont'd)
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
****«**•*«***•******«**•******«******««•***««*«*********«»**********«*****
Guidance note: 268.5 is NOT DELEGABLE. States should see Note 3 at the beginning of this
checklist regarding how to incorporate this section into their code.
PROCEDURES FOR CASE-BY-CASE EXTENSIONS TO AN EFFECTIVE DATE
application to EPA
Administrator for an
extension to effective
date of any Part 268,
Subpart C restriction;
what the applicant
must demonstrate:
good-faith effort to
locate and contract
with treatment.
recovery, or disposal
facilities nationwide
to manage waste
according to Subpart
C effective date
binding contractual
commitment to
construct or provide
alternate treatment,
recovery (e.g..
recycling), or disposal
capacity that meets
Subpart D treatment
sta.Uards;
requirements when
no treatment
standards
34
.
34
34,39
268.5O)
268.5(a)(1)
268.5(a)(2)
Page 26 of 89
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OSWER DIRECTIVE NO. 9541.00-19
SPA 13
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1992 (cont'd)
FEDERAL REQUIREMENTS
demonstration that
alternative capacity
cannot reasonably be
available by effective
date due to
circumstances
beyond applicant's
control; how this
must be
demonstrated
capacity being
constructed or
provided by applicant
must be sufficient to
manage entire
quantity of waste
detailed schedule for
obtaining required
permits or outline of
how and when
alternate capacity will
be available
arranged for adequate
capacity during
extension and
documented in all site
locations where
wastes will be
managed
surface impoundment
or landfill used must
meet 268.5(h)(2)
requirements
certification by
authorized
representative signing
an application
CHECKLIST
REFERENCE
34 .
34
34
34
34
34
FEDERAL RCRA CITATION
268.5(a)(3)
268.5(a)(4)
268.5(a)(5)
268.5(a)(6)
268.5(a)(7)
268. 5(b)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
^
«,
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 27 of 89
DLDR.13
-R*viMd: 02/19/93
Printed: 11/5/93
-------
OSWER DIRECTIVE NO. 9541.00-1 9
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1992 (cont'd)
SP
FEDERAL REQUIREMENTS
Administrator may
request additional
information
extension applies only
to waste generated at
individual facility
covered by extension
Administrator may
grant extension of up
to 1 year from
effective date;
extension for 1
additional year if
268. 5(a)
demonstration can
still be made; no
extension beyond 24
months from 268,
Subpart C effective
date; length of
extension determined
by Administrator and
basis; public notice
and comment; final
decision published in
Federal Register
notify Administrator
of change in certified
condition
CHECKLIST
REFERENCE
34
34
34
34
FEDERAL RCRA CITATION
268. 5(c)
268. 5(d)
268.5(e)
268. 5(f)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 28 of 89
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OSWER DIRECTIVE NO. 9541.00-19
SPA 13
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1992 (cont'd)
FEDERAL REQUIREMENTS
written progress
reports at intervals
designated by
Administrator; what
progress reports must
include; conditions
for revocation of
extension by
Administrator
during period
established by
Administrator for
which extension is in
effect:
268. 5(a) storage
restrictions do not
apply
conditions for
disposal in landfill or
surface impoundment
regardless of whether
unit is existing, new,
replacement or lateral
extension
interim status landfill
requirements
permitted landfill
requirements
interim status surface
impoundment
requirements
permitted surface
impoundment
requirements
CHECKLIST
REFERENCE
34
34
34,39
34,50,
66
34
34
34,39
34
FEDERAL RCRA CITATION
268.5(g)
268. 5(h)
268.5(h)(1)
268.5(h)(2)
268.5(h)(2)(i)
268.5(h)(2)(ii)
268.5(h)(2)(iii)
268.5(h)(2)(iv)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 29 of 89
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-------
OSWER DIRECTIVE NO. 9541.00-19
SPA 13
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1992 (cont'd)
FEDERAL REQUIREMENTS
requirements for
landfills disposing of
specified PCB waste
pending decision on
application,
compliance with all
legal disposal
restrictions once
effective date has
been reached
CHECKLIST
REFERENCE
39
34
FEDERAL RCRA CITATION
268.5(h)(2)(v)
268. 5(i)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
*»**»***•*****•*»*****•****•*•*******•**«***»****«»**»**»*»***«*•«*•*•**•*
•***•«**»**»•»»•**•»****•*«•**•****«****»***•*»*«****•*•»*»*•*»**•*»*•**•*
••••••••••••••••••••••••••••••ft*****************
Guidance note: 268.6 is NOT DELEGABLE. States should see Note 3 at the beginning of this
checklist regarding how to incorporate this section into their code.
PETITIONS TO ALLOW LAND DISPOSAL OF A WASTE PROHIBITED UNDER SUBPART C OF P7TRT
268
submit petition to
Administrator;
demonstration of no
waste migration;
demonstration
components
identify specific unit
and waste
waste analysis
comprehensive
disposal unit
characterization
monitoring plan
detecting migration at
the earliest time
34
34
34
34
50
268. 6(a)
268.6(a)(1)
268.6(a)(2)
268.6(a)(3)
268.6(a)(4)
Page 30 of 89
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OSWER DIRECTIVE NO. 9641.00-19
SPA 13
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1992 (cont'd)
FEDERAL REQUIREMENTS
sufficient information
to assure
Administrator that
owner/operator is in
compliance with
other applicable
Federal, State and
local laws
demonstration
criteria:
data must be
accurate and
reproducible
Administrator
approved sampling,
testing and
estimation techniques
model calibration;
models verified with
actual data
. quality
assurance/control
plan approved by
Administrator
uncertainty analysis
what each petition
must include:
monitoring plan
including description
of monitoring
program to verify
continued compliance
with variance;
information which
must be included
CHECKLIST
REFERENCE
50
50
50
34
34
34
34
50
50
FEDERAL RCRA CITATION
268.6(a)(5)
268. 6(b)
268.6(b){1)
268.6(b)(2)
268.6(b}(3)
268.6(b)(4)
268.6(b)(5)
268. 6(c)
268.6(c)(1)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
16
Page 31 of 89
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OSWER DIRECTIVE NO. 9641.00-19
SP
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1992 (cont'd)
FEDERAL REQUIREMENTS
media monitored
type of monitoring
monitoring station
location
monitoring interval
specific hazardous
constituents to be
monitored
monitoring program
implementation
schedule
monitoring station
equipment
sampling and
analytical techniques
employed
data
recording/reporting
procedures
268.6(c)(1)
monitoring program
must be in place by
Administrator
specified time period,
as part of approval of
the petition, prior to
prohibited waste
receipt at unit
CHECKLIST
REFERENCE
50
50
50
50
50
50
50
50
50
50
FEDERAL RCRA CITATION
268.6(c)0)(i)
268.6(c)(1)(ii)
268.6(c)(1)(iii)
268.6(c)(1)(iv)
268.6{c)(1)(v)
268.6(c)(1)(vi)
268.6(c)(1)(vii)
268.6(c)(1)(viii)
268.6(c)(1)(ix)
268.6(c)(2)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 32 of 89
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OSWER DIRECTIVE NO. 9541.00-1 9
SPA 13
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1992 (cont'd)
FEDERAL REQUIREMENTS
268.6(c)(1)
monitoring data sent
to Administrator
according to
monitoring plan must
be according to
approved format and
schedule
monitoring data as
per 268.6(c)(1)
monitoring plan must
be kept in on-site
operating record
criteria the 268. 6(c)
(1) monitoring
program must meet:
Administrator
approval for all
sampling, testing,
and analytical data;
data accurate and
reproducible
Administrator
approval of all
estimation and
monitoring
techniques
QA/UC plan for all
aspects of monitoring
program provided to
and approved by
Administrator
petition submitted to
Administrator
CHECKLIST
REFERENCE
50
50
50
50
50
50 -
34,50
FEDERAL RCRA CITATION
268.6(c)(3)
268.6(c)(4)
268.6(c)(5)
268.6(c)(5)(i)
268.6(c)(5)(ii)
268.6(c)(5)(iii)
268. 6(d)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
17
Page 33 of 89
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-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1992 (cont'd)
SPA-13
FEDERAL REQUIREMENTS
reporting of changes
at unit and/or
surrounding
environment that
significantly depart
from variances and
affect migration
potential
changes to unit
design, construction
or operation proposed
in writing and a
demonstration to
Administrator 30
days prior to change;
Administrator makes
determination if
petition is invalidated
and determines
appropriate response;
Administrator
approval before
changes can be made
within 1 0 days of
discovering change,
written notification to
Administrator if
condition is not as
predicted or modeled
in petition;
Administrator decides
if change requires
further action
owner/operator
responsibilities if
hazardous waste
migration:
CHECKLIST
REFERENCE
50
50
.
50
-
50
FEDERAL RCRA CITATION
268.6(e)
268.6(e)(1)
268.6(e)(2)
268. 6(f)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
18
19
Page 34 of 89
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-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1992 (cont'd)
SPA 13
FEDERAL REQUIREMENTS
immediate suspension
of prohibited waste
receipt
within 1 0 days
written notification to
Administrator
Administrator
decision within 60
days as to continued
receipt of prohibited
waste; Administrator
determines if further
examination of any
migration warranted
20 signed statement
20 Administrator may
request additional
information
20 waste unit to which
petition applies
20 Administrator gives
public notice in
Federal Register; final
decision in Federal
Register
20 term of petition
20 requirements prior to
Administrator's
decision
20 petition granted by
Administrator does
not relieve
responsibilities under
RCRA
CHECKLIST
REFERENCE
50,66
50
50
34,50
34,50
34,50
34,50
34,50
34,50
34,50
FEDERAL RCRA CITATION
268.6(f)(1)
268.6(f)(2)
268.6(f)(3)
268.6(g)
268. 6(h)
268.60)
268. 6(j)
268. 6(k)
268.6(1)
268. 6(m)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 35 of 89
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-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1992 (cont'd)
FEDERAL REQUIREMENTS
noneligibility of
certain liquid PCB
wastes for "no
migration" petitions
under 268.6
CHECKLIST
REFERENCE
39,50
FEDERAL RCRA CITATION
268. 6(n)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
•••••••••••••••••••••••••••••It********************************************
WASTE ANALYSIS AND RECORDKEEPING
7 generator determines
if listed waste is a
restricted waste;
268.32 exception; if
characteristic is
exhibited, test extract
using 268, Appendix
IX methods or use
knowledge of waste
to determine if
restricted from land
disposal
if generator is
managing restricted
waste that does not
meet applicable
treatment standards,
must notify treatment
or storage facility of
appropriate treatment
standards
information the notice
must include
34,39,
50,83
•
34,
39,50
34
34,39,
78,83
34
268. 7(a)
268.7(a)(1)
268.7(a)(1)(i)
268.7(a)(1)(ii)
268.7(a)(1)(iii)
268.7(a)(1)(iv)
.
Page 36 of 89
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-------
OSWER DIRECTIVE NO. 9541.00-1 9
SPA 13
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1992 (cont'd)
FEDERAL REQUIREMENTS
7 if managing restricted
waste that can be
land disposed without
further treatment.
notice and
certification to
treatment, storage, or
land disposal facility;
information required
in notice to
treatment, storage or
land disposal facility
certification
signature/statement
7 for waste subject to
exemption from
prohibition (such as a
case-by-case 268.5
extension, 268.6
exemption or Subpart
C nationwide
capacity variance) on
land disposal method
used for the waste.
notice to receiving
facility that waste is
not prohibited from
land disposal
CHECKLIST
REFERENCE
34,39,
50
34 .
34,39,
78,83
34
34,39
34,50,
66
FEDERAL RCRA CITATION
268.7(a)(2)
268.7(a)(2)(i)
268.7(a)(2)(i)(A)
268.7(a)(2)(i)(B)
268.7(a)(2)(i)(C)
268.7(a)(2)(i)(D)
268.7(a)(2)(ii)
268.7(a){3)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 37 of 89
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-------
OSWER DIRECTIVE NO. 9641.00-1 9
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1992 (cont'd)
SP/UJ3
FEDERAL REQUIREMENTS
must include
for prohibited waste
managed in tanks or
under 262.34 and
treated to meet 268
Subpart D standards,
waste analysis plan
to be developed.
followed and kept on-
site
waste analysis plan
based on detailed
chemical and physical
analysis of
representative
sample; contain
information necessary
to treat waste in
accordance with 268
requirements
file plan with EPA
Regional
Administrator or
authorized State 30
days prior to
treatment; delivery
verified
CHECKLIST
REFERENCE
50
50,
78,83
50
50,66,
78
50,78
.
50,78
FEDERAL RCRA CITATION
268.7(a)(3)(i)
268.7(a)(3)(ii)
268.7(a)(3)(iii)
268.7(a)(3)(iv)
268.7(a)(3)(v)
268.7(a)(4)
268.7(a)(4)(i)
268.7(a)(4)(ii)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
-
22
23
Page 38 of 89
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OSWER DIRECTIVE NO. 9541.00-19
SPA 13
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1992 (cont'd)
FEDERAL REQUIREMENTS
23 compliance with
268.7(a)(2)
notification
requirements for
wastes shipped off-
site
23 removed
24 maintenance of data
supporting knowledge
of waste; retention of
waste analysis data
on-site in files
conditions under
which a generator.
managing a restricted
waste excluded from
the definition of
hazardous or solid
waste, must place a
one-time notice in the
facility's file
containing specified
information
CHECKLIST
REFERENCE
50,78
50,78
34,50
•
83
FEDERAL RCRA CITATION
268.7(a)(4)(iii)
268.7(a)(4)(iv)
268.7(a)(5)
268.7(a)(6)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 39 of 89
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OSWER DIRECTIVE NO. 9541.00-1 9
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1992 (cont'd)
SP/UJ3
FEDERAL REQUIREMENTS
five-year retention
period for notices,
certifications.
demonstrations, etc..
produced relative to
268.7; extensions
during enforcement
actions; requirements
apply to solid wastes
even when hazard
characteristic is
removed prior to
disposal or when
waste excluded from
definition of
hazardous or solid
waste in 261.2-
261.6 or exempted
from Subtitle C
regulation subsequent
to the point of
generation
notice for a generator
managing a lab pack
that contains wastes
identified in Appendix
IV if use alternative
treatment standards
under 268.42;
268.7(a)(5)&(6)
compliance;
certification
CHECKLIST
REFERENCE
50,83
78,83
FEDERAL RCRA CITATION
268.7(a)(7)
268.7(a)(8)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
25
t
9
25
Page 40 of 89
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-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1992 (cont'd)
SPA 13
FEDERAL REQUIREMENTS
notice for a generator
managing a lab pack
that contains organic
wastes specified in
Appendix V if use
alternate treatment
standard under
268.42; 268. 7(a)
(5)&(6) compliance;
certification
notification and
certification
requirements for
small quantity
generators with
tolling agreements
pursuant to 40 CFR
262.20(e)
treatment facility
testing at frequency
specified in waste
analysis plan
testing when
standards are
expressed as
concentrations in
waste extract
testing of 268.32 or
3004(d) prohibited
wastes not subject to
Subpart D treatment
standards
testing for wastes
with treatment
standards expressed
as concentrations in
waste
CHECKLIST
REFERENCE
78,83
78,83
34,
39,50
50
50
50
FEDERAL RCRA CITATION
268.7(a)(9)
268.7(a){10)
268. 7(b)
268.7(b)(1)
268.7(b)(2)
268.7(b)(3)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
9
25
25
Page 41 of 89
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•FWviMd: 02/19/93
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OSWER DIRECTIVE NO. 9641.00-1 9
SP
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1992 (cont'd)
FEDERAL REQUIREMENTS
26 notice with each
shipment by
treatment facility to
land disposal facility
26
information the notice
must include
27 certification of each
shipment
27 certification
requirements for
wastes with
treatment standards
expressed as
concentrations in the
waste extract or in
the waste, or for
wastes prohibited
under 268.32 or
RCRA Section
3004(d) which do not
have 268, Subpart D
treatment standards
27 certification
requirements for
wastes with
treatment standards
expressed as
technologies
CHECKLIST
REFERENCE
34,50
34,50
34,
39,50,
78,83
34,50
34,39,
50
34,39,
50,78
34,50
FEDERAL RCRA CITATION
268.7(b)(4)
268.7(b)(4)(i)
268.7(b)(4)(ii)
268.7(b)(4)(iii)
268.7(b)(4)(iv)
268.7{b)(5)
268.7(b)(5)(i)
268.7(b)(5)(ii)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 42 of 89
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OSWER DIRECTIVE NO. 9541.00-1 9
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1992 (cont'd)
SPA 13
FEDERAL REQUIREMENTS
certification
requirements for
wastes with
treatment standards
expressed as
concentrations in the
waste pursuant to
268.43
compliance with
generator notice and
certification
requirements if waste
sent offsite
28 no 268.7(b)(4)
notification for
recyclable materials
used in a manner
constituting disposal
and subject to
266.20(b); with each
shipment 268.7(b)(5)
certification and
268.7(b)(4) notice to
Regional
Administrator;
records of recipients
of waste-derived
products
29 requirements for land
disposal facility
except where the
owner or operator is
disposing recyclable
wastes pursuant to
266.20(b):
CHECKLIST
REFERENCE
78
50
50,
66,78
34,39,
50,78
FEDERAL RCRA CITATION
268.7(b)(5)(iii)
268.7(b)(6)
268.7(b)(7)
268.7(c)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
I
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 43 of 89
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-------
OSWER DIRECTIVE NO. 9541.00-19
SPAJ3
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1992 (cont'd)
FEDERAL REQUIREMENTS
29 have copies of notice
and certifications
under 268. 7(a) or (b)
and certifications in
268.8 if applicable
29 test of waste or
extract; applicable
treatment standards
to be met; frequency
of testing
30 removed
30 removed
CHECKLIST
REFERENCE
34,
39,50
39,50
50,78
66,78
FEDERAL RCRA CITATION
268.7(c)(1)
268.7{c)(2)
268.7(c)(3)
268.7(c){4)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
•
MORE
STRIN-
GENT
BROADER
IN SCOPE
LANDFILL AND SURFACE IMPOUNDMENT DISPOSAL RESTRICTIONS
disposal of 268.33(f)
prohibited wastes in
landfills or surface
impoundments in
compliance with
268.5(h)(2) if
requirements of
268.8 are met;
section not in effect
as of May 8, 1 990
good faith generator
effort to contract
with treatment and
recovery facilities
providing greatest
environmental benefit
specific requirements
for generator if no
practically available
treatment for waste:
50,78
50
50,66
268. 8(a)
268.8(a)(1)
268.8(a)(2)
Page 44 of 89
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-------
OSWER DIRECTIVE NO. 9541.00-19
SPA 13
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1992 (cont'd)
FEDERAL REQUIREMENTS
prior to initial
shipment.
demonstration to
Regional
Administrator
containing specified
lists and written
discussion;
certification; waste
shipment
for initial shipment.
demonstration and
certification sent to
receiving facilities;
certification only for
subsequent
shipments; generator
recordkeeping and
five-year retention
specific requirements
for generator if there
are practically
available treatments
for waste:
prior to initial
shipment,
demonstration to
Regional
Administrator
containing specified
lists and written
discussion;
certification; waste
shipment
CHECKLIST
REFERENCE
50,66
50,66
50,66
66
FEDERAL RCRA CITATION
268.8(a)(2)(i)
268.8(a)(2)(ii)
268.8(a)(3)
268.8(a)(3)d)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 45 of 89
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Printed: 11/5/93
-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1992 (cont'd)
FEDERAL REQUIREMENTS
with initial shipment
copy of
demonstration and
certification sent to
receiving facilities;
certification only for
subsequent
shipments; generator
recordkeeping and
five-year retention
31 where there is
practically available
treatment for waste
prior to disposal,
copy of
demonstration and
certification
submitted to
receiving facility with
initial shipment;
certification only for
subsequent
shipments; generator
recordkeeping and
five-year retention
additional information
for certification if
requested by Regional
Administrator;
submittal of new
demonstration and
certification as
provided in 268. 8(a)
to the receiving
facility
CHECKLIST
REFERENCE
66
50
50
FEDERAL RCRA CITATION
268.8(a)(3)(ii)
268.8(a)(4)
268. 8(b)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
-
Page 46 of 89
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-------
OSWER DIRECTIVE NO. 9641.00-1 9
SPA 13
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1992 (cont'd)
FEDERAL REQUIREMENTS
notification when any
change in conditions
forming basis of
certification occurs
invalidation when
Regional
Administrator finds
practically available
treatment method or
a method yielding
greater environmental
benefit than certified
when certification is
invalidated, generator
must cease shipment,
communicate with
facilities receiving
waste, and keep
records of
communication
receiving treatment,
recovery or storage
facilities keep copy of
generator's
demonstration and
certification
receiving treatment,
storage or recovery
facility certify waste
treated according to
generator's
demonstration
CHECKLIST
REFERENCE
50,66
50
50
50
50
FEDERAL RCRA CITATION
268.8(b)(1)
268.8(b)(2)
268.8(b)(3)
268. 8(c)
268.8(c)(1)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 47 of 89
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-------
OSWER DIRECTIVE NO. 9541.00-1 9
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1992 (cont'd)
FEDERAL REQUIREMENTS
for initial shipment.
treatment, recovery
or storage facility
must send copy of
generator's
demonstration and
certification(s) to
facility receiving
waste or treatment
residues; certification
only for subsequent
shipments, if
certification
conditions remain
unchanged
disposal facility must
assure certification
prior to disposal in
landfill or surface
impoundment unit
and units in
accordance with
268.5(h)(2) for
wastes prohibited
under 268.33(f)
wastes may be
disposed in landfill or
surface impoundment
meeting 268. 5(h)(2)
requirements if
certified and treated
CHECKLIST
REFERENCE
"
50,66
50,66
50
FEDERAL RCRA CITATION
268.8(c)(2)
268. 8(d)
268. 8(e)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
i
Page 48 of 89
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OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1992 (cont'd)
SPA 13
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
SPECIAL RULES REGARDING WASTES THAT EXHIBIT A CHARACTERISTIC
determination of
applicable treatment
standards under
Subpart D, Part 268
by initial generator of
a solid waste; code
designation and
exceptions
the treatment
standard for the
waste code listed in
40 CFR Part 261 ,
Subpart D will
operate for wastes
both listed under
Subpart D, Part 261
and exhibit a
characteristic under
Subpart C, Part 261;
conditions under
which treatment
standards for all
applicable listed and
characteristic waste
codes must be met
no prohibited waste
which exhibits a
characteristic under
40 CFR Part 261,
Subpart C may be
land disposed unless
waste complies with
Part 268, Subpart D
treatment standards
78,83
78
78
268. 9(a)
268. 9(b)
268. 9(c)
*. -
Page 49 of 89
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OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1992 (cont'd)
FEDERAL REQUIREMENTS
wastes that exhibit a
characteristic are
subject to all 268.7
requirements, but no
notification once the
wastes are no longer
hazardous; if not
hazardous.
notification/
certification sent to
EPA Regional
Administrator or
authorized State
information needed
with each notification
certification signed by
authorized
representative stating
language found in
268.7{b)(5)(i)
CHECKLIST
REFERENCE
78
78
78,83
78
78
FEDERAL RCRA CITATION
268. 9(d)
268.9(d)(1)
268.9{d)(1)(i)
268 9(d)(1)(ii)
•
268.9(d)(1)(iii)
268.9(d)(2)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
SUBPART C - PROHIBITIONS ON LAND DISPOSAL
WASTE SPECIFIC PROHIBITIONS - SOLVENT WASTES
32 'effective November
8, 1986, F001-F005
spent solvent wastes,
as specified in
261. 31, are
prohibited from land
disposal unless one
or more conditions
apply:
34
268.30(a)
Page 50 of 89
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OSWER DIRECTIVE NO. 9641.00-1 9
SPA 13
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1992 (cont'd)
FEDERAL REQUIREMENTS
generated by an SQG
of 100- 1000 kg/mo
generated by a
CERCLA response
action/corrective
action except where
waste is
contaminated soil or
debris
concentration-specific
exemption (solvent
waste with less than
1 % total solvent
constituent)
solvent waste residue
from treating a
268.30(a)(1), (a)(2),
or (a)(3) waste or
residue from other
wastes meeting
specific requirements
effective November
8, 1988, the F001-
F005 solvent
exemptions of
268.30(a)(1H4) are
prohibited from land
disposal
CHECKUST
REFERENCE
34
34,50
34,50
39
34,50
FEDERAL RCRA CITATION
268.30(a)(1)
268.30(a)(2)
268.30(a)(3)
268.30(a)(4)
268.30(b)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 51 of 89
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Printed: 11/5/93
-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1992 (cont'd)
FEDERAL REQUIREMENTS
land disposal of
F001-F005 solvent
wastes that are
contaminated soil and
debris (and their
treatment residues)
resulting from
CERCLA action or
RCRA corrective
action prohibited after
November 8, 1 990;
permitted disposal in
landfill or surface
impoundment unit in
compliance with
268.5(h)(2) prior to
November 8, 1990
33 situations where
268.30(a), (b) and (c)
do not apply:
33 wastes treated to
meet Subpart D of
Part 268
33 disposal at facility
with successful no-
migration petition
33 wastes and units for
which case-by-case
extensions have been
granted
CHECKLIST
REFERENCE
50
34,50
34,50
34,50
34,50
FEDERAL RCRA CITATION
268.30(c)
268.30(d)
268.30(d)(1)
268.30(d)(2)
268.30{d)(3)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 52 of 89
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-------
OSWER DIRECTIVE NO. 9541.00-19
SPA 13
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1992 (cont'd)
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
WASTE SPECIFIC PROHIBITIONS - DIOXIN-CONTAINING WASTES
7 effective November
8, 1988, the dioxin-
containing wastes,
F020-F023 and
F026-F028, are
prohibited from land
disposal unless a
specific condition
applies:
these wastes are
contaminated soil and
debris waste resulting
from response action
under CERCLA or
from a RCRA
corrective action
prohibit land disposal
of F020-F023 and
F026-F028 dioxin-
containing wastes of
268.31 (a)(1)
effective November
8, 1990
7 between November
8, 1988, and
November 8, 1 990,
wastes of 268. 31 (a)
(1) disposed in landfill
or surface
impoundment must
meet 268.5(h)(2) and
applicable 264 and
265 requirements
J4 situations where
268.31 (a) and (b) do
not apply
34,50
50
50
34,50
34,50
268.31 (a)
268.31 (a)(1)
268.31(b)
268.31 (c)
268.31 (d)
Page 53 of 89
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OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1992 (cont'd)
FEDERAL REQUIREMENTS
7,34 wastes treated to
meet Subpart D, Part
268 standards
7,34 disposal at facility
with successful no-
migration petition
7,34 extension to effective
date of a prohibition
CHECKLIST
REFERENCE
34,50
34,50
34,50
FEDERAL RCRA CITATION
268.31(d)(1)
268.31 (d)(2)
268.31(d)(3)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
WASTE SPECIFIC PROHIBITIONS - CALIFORNIA LIST WASTES
prohibitions effective
July 8, 1987, except
in injection wells:
liquids having pH less
than or equal to 2.0
liquids containing
PCBs greater than or
equal to 50 ppm
liquids containing
HOCs greater than or
equal to 1 ,000 mg/l
and less than 1 0,000
mg/l
reserved
reserved
268.32(a) and (e)
requirements do not
apply until specific
calendar dates:
39
39
39
39
39
39
39,50
268.32(a)
268.32(a)(1)
268.32(a)(2)
268.32(a)(3)
268.32(b)
268.32(c)
268.32(d)
Page 54 of 89
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-------
OSWER DIRECTIVE NO. 9541.00-19
SPA 13
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1992 (cont'd)
FEDERAL REQUIREMENTS
July 8, 1989 for
contaminated soil or
debris not resulting
from a 1 04 or 1 06
CERCLA response or
a RCRA corrective
action; disposal
allowed between July
8, 1987, and July 8,
1989, in landfill or
surface impoundment
in compliance with
268.5(h)(2)
November 8, 1990
for contaminated soil
or debris resulting
from a CERCLA 104
or 1 06 response or a
RCRA corrective
action; disposal
between November
8, 1988, and
November 8, 1990,
permitted in landfill or
surface impoundment
in compliance with
268.5(h)(2)
land disposal
prohibitions effective
November 8, 1988:
35 liquids containing
HOCs greater than or
equal to 1 ,000 mg/l
and not prohibited
under 268.32(a)(3)
CHECKLIST
REFERENCE
50
50
'
39,50
39
FEDERAL RCRA CITATION
268.32(d)(1)
268.32(d)(2)
268.32(e}
268.32(e)(1)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 55 of 89
DLDR.13 - RcviMd: 02/19/93
PrinUd: 11/5/93
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OSWER DIRECTIVE NO. 9541.00'-19
SPA 13
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1992 (cont'd)
FEDERAL REQUIREMENTS
nonliquid wastes
containing HOCs
greater than or equal
to 1 ,000 mg/kg and
not wastes described
in 268.32(d)
between July 8,
1 987, and November
8, 1988,268.32(6)
(1) and (e){2) wastes
may be disposed of in
a landfill or surface
impoundment if
disposal complies
with 268.5(h)(2)
requirements of
268.32(a), (d) and (e)
do not apply under
certain conditions:
granted a 268.6
exemption
granted a 268.5
exemption
in compliance with
Subpart D standards,
or, where standard
not specified, with
RCRA 3004{d) or
268.32 prohibitions
requirements of
268.32(a)(3), (d) and
(e) do not apply when
subject to Part 268,
Subpart C prohibition
CHECKLIST
REFERENCE
39,50
39,
50,66
39,50
39
39
39 .
39,50
FEDERAL RCRA CITATION
268.32(e)(2)
268.32(f)
268.32(g)
268.32(g)(1)
268.32(g)(2)
268.32(g)(3)
268.32(h)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 56 of 89
DLDR.13
: 02/19/93
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-------
OSWER DIRECTIVE NO. 9541.00-1 9
SPA 13
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1992 (cont'd)
FEDERAL REQUIREMENTS
1 method 9095
required
applicability of waste
analysis/
recordkeeping
requirements of
268.7:
initial generator must
use 261.22(a)(1)
procedures or
knowledge of pH; pH
less than or equal to
2.0 restriction
initial generator must
test for or have
knowledge of HOC or
PCB concentration
levels; restriction
above levels
CHECKLIST
REFERENCE
39
39
39
39
FEDERAL RCRA CITATION
268.320)
268.32(j)
268.32(j)(1)
268.32(j)<2)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
WASTE SPECIFIC PROHIBITIONS - FIRST THIRD WASTES
specific wastes
prohibited from land
disposal effective
August 8, 1988
land disposal
prohibition of K061
waste containing
15% or greater of
zinc pursuant to
268.41 treatment
standard for K061
containing less than
15% zinc
50,66
50
268.33(a)
268.33(a)(1)
•
Page 57 of 89
DLDR.13
Reviud: 02/19/93
Print** 11/5/93
-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1992 (cont'd)
SPAJ3
FEDERAL REQUIREMENTS
K071 prohibited from
land disposal
effective August 8,
1990
effective August 8,
1 990, land disposal
prohibition of wastes
specified in 268.10
having a treatment
standard in 268,
Subpart D based on
incineration and
which are
contaminated soil and
debris
between November
8, 1988, and August
8, 1990, landfill or
surface impoundment
disposal of wastes
included under 268(b)
& (c) permitted if unit
is in compliance with
268.5(h)(2)
requirements of
268(a)-(d) do not
apply if:
waste meets
applicable 268,
Subpart D standards
granted an exemption
from prohibition for
wastes and units
under 268.6
CHECKLIST
REFERENCE
50,83
50
50
50
50
50
FEDERAL RCRA CITATION
268.33(b)
268.33(c)
268.33(d)
268.33(e)
268.33(e)(1)
268.33(e)(2)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 58 of 89
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Printed: 11/5/93
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OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1992 (cont'd)
SPA 13
FEDERAL REQUIREMENTS
granted an extension
to an effective date
for wastes under
268.5
prohibition of landfill
or surface
impoundment
disposal of wastes
specified in 268.10
for which treatment
standards have not
been promulgated
(other than 268.32 or
section 3004(d)
prohibitions) unless a
demonstration and
certification have
been submitted
for a waste listed in
268.10, initial
generator testing to
determine if 268.41
and 268.43
treatment standards
are exceeded;
prohibition from land
disposal if exceed
standards
CHECKLIST
REFERENCE
50
50,66
50,66
FEDERAL RCRA CITATION
268.33(e)(3)
268.33(f)
268.33(g)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
WASTE SPECIFIC PROHIBITIONS - SECOND THIRD WASTES
effective June 8,
1989, prohibition
from land disposal of
specific 261.31,
261. 32 and 261.33
wastes
63
268.340)
Page 59 of 89
DLDR.13
RcviMd: 02/19/93
Printed: 11/5/93
-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1992 (cont'd)
FEDERAL REQUIREMENTS
effective June 8,
1989, prohibition
from land disposal,
except underground
injection pursuant to
148.14(f) and
148.15(d), of certain
261.32 wastes
effective June 8,
1989, prohibition
from land disposal of
F006, F008, F009,
F011 and F012
effective July 8,
1989, F007
prohibited from land
disposal except
underground injection
pursuant to 148.14(f)
CHECKLIST
REFERENCE
63
63
63
FEDERAL RCRA CITATION
268.34(b)
268.34(c)
268.34(c)(1)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 60 of 89
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OSWER DIRECTIVE NO. 9641.00-19
SPA 13
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1992 (cont'd)
FEDERAL REQUIREMENTS
July 8, 1989, until
December 8, 1989,
F011 and F012 non-
wastewaters
prohibited from land
disposal pursuant to
268.41 and 268.43
treatment standards
for FOOT, F008 and
F009 non-
wastewaters;
effective December
8, 1989, F011 and
F012 prohibited from
land disposal
pursuant to 268.41
and 268.43
treatment standards
for F011 and F012
nonwastewaters
effective June 8,
1991, wastes
specified in 268.34
with Part 268,
Subpart D treatment
standard based on
incineration, and
which are
contaminated soil and
debris, are prohibited
from land disposal
CHECKLIST
REFERENCE
63 .
63
FEDERAL RCRA CITATION
268.34(c)(2)
268.34(d)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 61 of 89
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OSWER DIRECTIVE NO. 9541.00-1 9
SP
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1992 (cont'd)
FEDERAL REQUIREMENTS
requirements for
landfill or surface
impoundment
disposal of wastes
included in 268.34(c)
and (d) between June
8, 1989, and June 8,
1991; applies to
F007, F008, F009,
F011,and F012only
between June
8,1989, and July 8,
1989
requirements of
268.34(a)-(d) do not
apply if:
meet applicable 268
Subpart D standards
granted an exemption
pursuant to a 268.6
petition for the
wastes and units
covered by the
petition
268.34(a), (b) and (c)
do not apply if
granted extension
under 268.5 for
wastes covered by
extension
CHECKLIST
REFERENCE
63
63
63
63
63
FEDERAL RCRA CITATION
268.34(e)
268.34(f)
268.34(f)(1)
268.34(fH2)
268.34(g)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 62 of 89
DLDR.13
•R*viMd: 02/19/93
Printed: 11/5/93
-------
OSWER DIRECTIVE NO. 9541.00'-19
SPA 13
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1992 (cont'd)
FEDERAL REQUIREMENTS
between June 8,
1989, and May 8,
1 990, prohibition
from land disposal in
landfills or surface
impoundments of
268.11 wastes for
which Subpart D
treatment standards
are not applicable,
including California
list wastes subject to
prohibitions under
3004(d) or 268.32;
exceptions under
268.8
initial generator
testing to determine
if a 268. 10, 268.11
and 268.12 waste
exceeds applicable
268.41 and 268.43
treatment standards;
land disposal
prohibited and all 268
requirements apply if
constituents exceed
Part 268, Subpart D
level
CHECKLIST
REFERENCE
63
63 .
FEDERAL RCRA CITATION
268.34(h)
268.34(i)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
WASTE SPECIFIC PROHIBITIONS - THIRD THIRD WASTES
effective August 8,
1 990, prohibition
from land disposal of
certain wastes
specified in 261.31,
261.32, 261.33(e)
and 261.33(f) as
listed in 268.35(a)
78,83
268.35(a)
^ , ^_ DLDR. 13 -R«vi»d: 02/19/93
Page 63 of 89 Print.* 11/5/93
-------
OSWER DIRECTIVE NO. 9641.06-19
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1992 (cont'd)
FEDERAL REQUIREMENTS
effective November
8, 1990, prohibition
from land disposal of
certain wastes
specified in 261.32
effective May 8,
1 992, prohibition
from land disposal of
certain wastes
specified in 261.31,
261.32,261.33(6)
and261.33(f);
certain characteristic
wastes; inorganic
debris defined in
268. 2(g); and RCRA
hazardous wastes
containing naturally
occurring radioactive
materials
effective May 8,
1992, prohibition
from land disposal of
268.10, 268.11 and
268.12 mixed
radioactive/hazardous
wastes; and soil or
debris contaminated
with such wastes and
mixed with
radioactive/hazardous
waste are prohibited
from land disposal
CHECKLIST
REFERENCE
78
78,83,
106
78,83
FEDERAL RCRA CITATION
268.35(b)
268.35(c)
268.35(d)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 64 of 89
DLDR.13
R*vi»d: 02/19/93
Printed: 11/5/93
-------
OSWER DIRECTIVE NO. 9541.00-1 9
SPA 13
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1992 (cont'd)
FEDERAL REQUIREMENTS
effective May 8,
1993, prohibition
from land disposal of
debris contaminated
with 268.10, 268.11
and 268.12 wastes
and debris
contaminated with
any characteristic
waste having Subpart
D, Part 268
treatment standards
between May 8,
1990, and August 8,
1 990, wastes
included in paragraph
268.35(a) may be
disposed of in a
landfill or surface
impoundment only if
such unit is in
compliance with
268.5(h)(2)
between May 8,
1990, and November
8, 1990, wastes
included in paragraph
268.35(b) may be
disposed of in a
landfill or surface
impoundment only if
such unit is in
compliance with
268.5(h)(2)
CHECKLIST
REFERENCE
78,83,
103
78
•
78
FEDERAL RCRA CITATION
268.35(e)
268.35(f)
268.35(g)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 65 of 89
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OSWER DIRECTIVE NO. 9641.00-1 9
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1992 (cont'd)
FEDERAL REQUIREMENTS
between May 8,
1990, and May 8,
1 992, wastes
included in
paragraphs
268.35(c), (d) and (e)
may be disposed of in
a landfill or surface
impoundment only if
such unit is in
compliance with
268.5(h)(2)
conditions under
which requirements
of paragraphs
268.35
-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1992 (cont'd)
SPA 13
FEDERAL REQUIREMENTS
initial generator
testing to determine
if a 268.10, 268.11
and 268.12 waste
exceeds applicable
268.41 and 268.43
treatment standards;
land disposal
prohibited and all 268
requirements apply if
constituents exceed
Part 268, Subpart D
levels
CHECKLIST
REFERENCE
78
FEDERAL RCRA CITATION
268.35(j)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 67 of 89
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OSWER DIRECTIVE NO. 9641.00-19
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1992 (cont'd)
SPA 13
FEDERAL REQUIREMENTS
effective May 8,
1 993, prohibition
from land disposal of
D008 lead materials
stored before
secondary smelting;
submission of binding
contractual
commitment,
documentation and
detailed schedule for
specified
construction, and
providing specified
capacity, by March 1 ,
1993; D008
prohibited from land
disposal by failure to
submit
documentation;
placed in facility
record by July 27,
1 992, documentation
demonstrating that
such management
capacity will be
adequate and
complies with all
applicable Subtitle C
requirements
CHECKLIST
REFERENCE
"
106
FEDERAL RCRA CITATION
268.35(k)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 68 of 89
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OSWER DIRECTIVE NO. 9641.00-19
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1992 (cont'd)
SPA 13
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
SUBPART D - TREATMENT STANDARDS
APPLICABILITY OF TREATMENT STANDARDS
restricted waste
under 268.41 may be
land disposed if
extract of waste or
treatment residue.
developed using 261
Appendix II methods,
does not exceed
268.41 Table CCWE
values; exceptions;
specific wastes may
be land disposed if
extract or treatment
residue developed as
specified does not
exceed Table CCWE
values for any
hazardous constituent
in Table CCWE for
waste
restricted waste with
a 268.42 treatment
technology may be
land disposed if
specified technology
or an Administrator-
approved method is
used
34,
t39,50,
78,83
39
268.40(a)
268.40(b)
Page 69 of 89
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OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1992 (cont'd)
SPAJ3
FEDERAL REQUIREMENTS
except as specified in
268.43(c), restricted
waste identified in
268.43 may be land
disposed only if Table
CCW constituent
concentration values
are not exceeded
CHECKLIST
REFERENCE
50,78
FEDERAL RCRA CITATION
268.40(c)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
TREATMENT STANDARDS EXPRESSED AS CONCENTRATIONS IN WASTE EXTRACT
treatment standards;
explanation of Table
CCWE
Constituent
Concentrations in
Waste Extract
treatment standards
for common
constituents in
combined wastes;
mixtures of high and
low zinc
nonwastewater K061
subject to treatment
standard for high zinc
K061
34,50,
63,78,
102
34,
50,63,
78,83,
95
34,95
268.41 (a)
268.41 (a)/Table
CCWE
268.41 (b)
TREATMENT STANDARDS EXPRESSED AS SPECIFIED TECHNOLOGIES
treatment of wastes
identified in
268.42(a)(1)&(2) and
Tables 2 and 3 with
technology(s)
specified in 268.42(a)
(1)&{2) and in Table
1 of 268.42
34,78
268.42(a)
Page 70 of 89
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OSWER DIRECTIVE NO. 9641.00-1 9
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1992 (cont'd)
SPA 13
FEDERAL REQUIREMENTS
standard for
incineration of liquid
hazardous wastes
containing PCBs
standard for
incineration of certain
nonliquid hazardous
wastes containing
HOCs; where
standards do not
apply
mixture of
wastewater
(discharge, of which is
subject to Clean
Water Act) and de
minimis losses of
materials that meet
the criteria of D001
ignitable liquids with
greater than 10%
TOC is subject to
Table 1 DEACT
treatment standard;
de minimis defined
removed
Technology Codes
and Description of
Technology-Based
Standards
Technology-Based
Standards by RCRA
Waste Code
CHECKUST
REFERENCE
39
39,50,
78,83
63,
78,83
63,78
78,83
78,
83,95,
102
FEDERAL RCRA CITATION
268.42(a)(1)
268.42(a)(2)
268.42(a)(3)
268.42(a)(4)
268.42(a)/
Table 1
268.42(a)/
Table 2
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
37
38
Page 71 of 89
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-------
OSWER DIRECTIVE NO. 9541.00-1 9
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1992 (cont'd)
FEDERAL REQUIREMENTS
Technology-Based
Standards for
Specific Radioactive
Hazardous Mixed
Waste
CHECKLIST
REFERENCE
78,83
FEDERAL RCRA CITATION
268.42(a)/
Table 3
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
**************************************************************************
Guidance note: 268.42(b) is NOT DELEGABLE. States should see Note 3 at the beginning of this
checklist regarding how to incorporate this section into their code.
submit application to
Administrator
demonstrating
alternate treatment
can achieve
268.42(a), (c), & (d)
performance
specifications;
information
demonstrating
compliance with
Federal, State and
local requirements;
criteria for approval
by Administrator;
approval in writing
containing provisions
and conditions as the
Administrator deems
appropriate;
compliance by person
to whom approval is
issued
34,39,
78
268.42(b)
*****»••*»*************»•******•*«»**•*«•*******»*•**••*****•••»**•*»*****
***************************************************************************
Page 72 of 89
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-------
OSWER DIRECTIVE NO. 9641.00-19
SPA 13
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1992 (cont'd)
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
f-9 ALTERNATE TREATMENT STANDARDS FOR LAB PACKS
conditions for
eligibility of lab packs
for land disposal:
compliance of lab
packs with applicable
provisions of
264.31 6 and
265.316
Part 268 Appendix IV
and Appendix V
hazardous wastes
contained in lab
packs
incineration of lab
packs in accordance
with Part 264,
Subpart O and Part
265, Subpart 0
requirements
treatment standards
for incinerator
residues from lab
packs containing
D004, D005, D006,
D007, D008, D0 10
and D01 1
78
78
78
78
78
268.42(c)
268.42(c)(1)
268.42
-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1992 (cont'd)
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
39
radioactive hazardous
mixed wastes with
Table 3 treatment
standards not subject
to 268.41 or 268.43
or Table 2 treatment
standards; radioactive
hazardous mixed
wastes not subject to
Table 3 treatment
standards remain
subject to 268.41,
268.43 and Table 2
treatment standards
78
268.42'd)
TREATMENT STANDARDS EXPRESSED AS WASTE CONCENTRATIONS
introductory
paragraph for Table
CCW explaining table
Constituent
Concentrations in
Wastes; no land
disposal for specified
K wastes
meet lowest
constituent treatment
standard when
mixing wastes with
differing treatment
standards for a
constituent of
concern
34,50,
63,78
50,62,
63,78,
83
50,63
268.43(a)
268.43(a)ATable
CCW
268.43(b)
'
40
Page 74 of 89
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OSWER DIRECTIVE NO. 9541.00-19
SPA 13
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1992 (cont'd)
FEDERAL REQUIREMENTS
conditions for
demonstrating
compliance with
treatment standards
for organic
constituents
provided:
treatment standards
for organic
constituents
established based on
incineration in units
operated in
accordance with
Subpart 0
requirements of Part
264 or Part 265 or
based on combustion
in fuel substitution
units in accordance
with applicable
technical
requirements
organic constituents
treated using
paragraph 268.43(c)
(1) methods
good-faith efforts fail
to detect the organic
constituents; when
such efforts must be
demonstrated
CHECKUST
REFERENCE
78,83
-
78,83
78,83
78,83
FEDERAL RCRA CITATION
268.43(c)
268.43(c)(1)
268.43(c)(2)
268.43(c)(3)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
Page 75 of 89
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-------
OSWER DIRECTIVE NO. 9641.00-1 9
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1992 (cont'd)
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
**«****»*»**»**»****»*******•****•***«**•*****»*********»****••****»«**»»»
Guidance note: 268.44 is NOT DELEGABLE. States should see Note 3 at the beginning of this
checklist regarding how to incorporate this section into their code.
41 VARIANCE FROM A TREATMENT STANDARD
conditions for
variance; petition
Administrator; what
must be
demonstrated
procedures in
accordance with
260.20
statement signed by
petitioner or
authorized
representative
additional information
or samples may be
requested by
Administrator;
additional copies for
affected States and
region
Administrator gives
public notification in
Federal Register; final
decision in Federal
Register
268.7 waste analysis
requirements must be
followed for wastes
covered by variance
requirements during
petition review
34
34
34
34
34
34
34
268.44(a)
268.44(b)
268.44(c)
268.44(d)
268.44(e)
268.44(f)
268.44(g)
"
Page 76 of 89
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OSWER DIRECTIVE NO. 9641.00-19
SPA 13
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1992 (cont'd)
FEDERAL REQUIREMENTS
apply to
Administrator or
delegated
representative for
site-specific variance
from a treatment
standard if specified
conditions are
appropriate; what
applicant must
demonstrate
260.20(b)(1)-(4)
information must be
included
Assistant
Administrator or
delegated
representative may
request additional
information
if site-specific
treatment standard
variance then
compliance with
268.7 waste analysis
requirements
during application
review process.
compliance with land
disposal restrictions
once effective date
for waste reached
CHECKLIST
REFERENCE
50,66
50 .
-
50
50
50
FEDERAL RCRA CITATION
268.44(h)
268.440)
268.44(j)
268.44(k)
268.44(1)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
**«»***•*****»*»****•***»****»**»*«•*«»**»**•******•»***»**»•»*»»*»»**•»**
****•*******»*******«****«***«*«*«********•*•»•**««*«*«**•*«****«•****»*«*
Page 77 of 89
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-------
OSWER DIRECTIVE NO. 9641.00-19
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1992 (cont'd)
SPAO3
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
SUBPART E - PROHIBITIONS ON STORAGE
PROHIBITIONS ON STORAGE OF RESTRICTED WASTES
7 except as provided in
268.50, storage of
wastes restricted
from land disposal is
prohibited unless
certain conditions are
met:
7 on-site storage
exemption for
generator
7 treatment, storage,
and disposal facility
exemption
7 container labeling
7 tank labeling
7 transporter exemption
storage up to one
year
storage longer than
one year
7 268.50(a) prohibition
does not apply if
waste is exempt from
a prohibition on the
type of land disposal
utilized for the waste
34,39
34
34
34
34
34
34
34 .
34,
50,66
268.50(a)
268.50(a)(1)
268.50(a)(2)
268.50(a)(2)(i)
268.50(a)(2)(ii)
268.50(a)(3)
268.50(b)
268.50(c)
268.50(d)
Page 78 of 89
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Print** 11/5/93
-------
OSWER DIRECTIVE NO. 9541.00-19
SPA 13
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1992 (cont'd)
FEDERAL REQUIREMENTS
no prohibition where
treatment standards
are not specified or
are met, or
compliance with
268.32 or RCRA
3004 exists
requirements for
storage of liquid
hazardous wastes
containing PCBs at
concentrations
greater than or equal
to 50 ppm
-
CHECKLIST
REFERENCE
34,t39
39
FEDERAL RCRA CITATION
268.50(e)
268.50(f)
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
APPENDIX I TO PART 268
TOXICITY CHARACTERISTIC LEACHING PROCEDURE (TCLP)
7,42 TCLP is published in
Appendix II of Part
261
34,74
Appendix I
APPENDIX II TO PART 268
TREATMENT STANDARDS {AS CONCENTRATIONS IN THE TREATMENT RESIDUAL EXTRACT)
table
34
Appendix II
APPENDIX III TO PART 268
LIST OF HALOGENATED ORGANIC COMPOUNDS REGULATED UNDER 268.32
HOC definition and
list of HOCs
regulated under
268.32
39
Appendix III
Page 79 of 89
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OSWER DIRECTIVE NO. 9641.00-19
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1992 (cont'd)
SPAJ.3
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
APPENDIX IV TO PART 268
t,9 ORGANOMETALLIC LAB PACKS
list of hazardous
wastes that may be
placed in
"organometallic" or
"Appendix IV lab
packs"
78,83
Appendix IV
APPENDIX V TO PART 268
t,9 ORGANIC LAB PACKS
list of hazardous
wastes that may be
placed in "organic" or
"Appendix V lab
packs"
78,83
Appendix V
APPENDIX VI TO PART 268
RECOMMENDED TECHNOLOGIES TO ACHIEVE DEACTIVATION OF CHARACTERISTICS IN
SECTION 268.42
list of technologies
which achieve the
standard of
"deactivation to
remove
characteristics of
ignitability,
corrosivity, and
reactivity"; use of
specified technologies
not mandatory;
alternative methods
.not performed in land
disposal units
78
Appendix VI
Page 80 of 89
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OSWER DIRECTIVE NO. 9541.00-1 9
SPA 13
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1992 (cont'd)
FEDERAL REQUIREMENTS
CHECKUST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
APPENDIX VII TO PART 268
EFFECTIVE DATES OF SURFACE DISPOSED WASTES REGULATED IN THE LDRs
comprehensive list of
wastes and effective
dates
78,83
Appendix VII
APPENDIX VIM TO PART 268
NATIONAL CAPACITY LDR VARIANCES FOR UIC WASTES
comprehensive list of
national capacity LDR
variances for UIC
wastes
78,83
Appendix VIII
APPENDIX IX TO PART 268
EXTRACTION PROCEDURE (EP) TOXICITY TEST METHOD AND STRUCTURAL INTEGRITY TEST
(SW-846, METHOD 1310A)
interim method to
determine whether a
waste exhibits the
characteristic of EP
Toxicity
83
Appendix IX
PART 270 - EPA ADMINISTERED PERMIT PROGRAMS:
THE HAZARDOUS WASTE PERMIT PROGRAM
SUBPART B - PERMIT APPLICATION
CONTENTS OF PART B: GENERAL REQUIREMENTS
add new paragraph;
copy of notice of
approval of petition
or extension
34
270.14(b){21)
Page 81 of 89
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-------
OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1992 (cont'd)
SPAJ3
FEDERAL REQUIREMENTS
CHECKLIST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
SUBPART C - PERMIT CONDITIONS
ESTABLISHING PERMIT CONDITIONS
insert "through 268";
remove "267"
34
270.32(b)(1)
SUBPART D - CHANGES TO PERMIT
43 PERMIT MODIFICATIONS AT THE REQUEST OF THE PERMITTEE
add new paragraph
and subparagraphs;
conditions for
treating nonspecified
waste
prohibited from one
or more land disposal
methods under Part
268, Subpart C or
RCRA Section 3004
treatment in
accordance with
268.4 and 268.3
and:
treatment in
accordance with
268.41, 268.42 or
268.44; or
no standards exist
and treatment
removes prohibitions
of 268.32 or RCRA
3004
no increased or
substantially different
risks
34
34,t39
34,t39
t39
t39
34
270.42(0)
270.42(o)(1)
270.42(o)(2)
270.42(o)(2)(i)
270.42(o)(2)(ii)
270.42(o)(3)
•
Page 82 of 89
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OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1992 (cont'd)
SPA 13
FEDERAL REQUIREMENTS
Federal/State
approval; allowable
modifications
add new paragraph
and subparagraphs;
allow facilities to
change operation to
treat or store if:
major permit
modification is
requested;
demonstrates
necessity to comply
with 268 or RCRA
3004; and
ensures compliance
pending
administrative
determination
CHECKLIST
REFERENCE
34
t39
t39
t39
t39
FEDERAL RCRA CITATION
270.42(o)(4)
270.42(p)
270.42(p)(1)
270.42(p)(2)
270.42(p)(3)
ANALOGOUS STATE
CITATION
•STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
APPENDIX I TO SECTION 270.42
44 CLASSIFICATION OF PERMIT MODIFICATION
45 add new item
involving F039 under
"General Facility
Standards"; add a
footnote symbol to
the Class I
designation at B{1 Mb)
45 redesignate old B(1)
(b)asB(D(c)
78,83
78
270.42 Appendix
l,B(1)(b)
270.42 Appendix
I. B(1)(c)
Page 83 of 89
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OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1992 (cont'd)
SPA03
FEDERAL REQUIREMENTS
CHECKUST
REFERENCE
FEDERAL RCRA CITATION
ANALOGOUS STATE
CITATION
STATE ANALOG IS:
EQUIV-
ALENT
LESS
STRIN-
GENT
MORE
STRIN-
GENT
BROADER
IN SCOPE
SUBPART G - INTERIM STATUS
CHANGES DURING INTERIM STATUS
46 no reconstruction;
changes do not
include tank/container
changes to comply
with land disposal
restrictions
39
270.72(e)
1 See the amendment to the rule addressed by Revision Checklist 39 at 52 FR 41295 (October
27, 1987), included on Revision Checklist 39.
2 Paragraph 260.11 (a) is also affected by Revision Checklist 67 (54 FR 40260, September 29,
1989) and Revision Checklist 73 (55 FR 8948, March 9, 1990).
3 Paragraph 261.5(f)(2) is also affected by Revision Checklist 47 (53 FR 27162, July 19, '
1988).
4 Note that the "TC Rule," Revision Checklist 74 (55 FR 11798, March 29, 1990), has also
made changes to 261.24(b).
5 Paragraph 261.33(c) is also affected by Revision Checklist 41 (52 FR 26012, July 10, 1987).
6 Note that the final rule for Revision Checklist 39 (52 FR 25787) gives Subpart E, 262.51 as
the citation for the section titled "Farmers." This is not correct as the August 8, 1986 (51 FR
28664, Revision Checklist 31) final rule regarding exports changed this section and moved it
to Subpart G, 262.70. This error in the final rule was detected when Revision Checklist 39
was developed, and the proper citation (262.70) was used on that checklist. This error was
ultimately corrected at 53 FR 27164 (July 19, 1988; Revision Checklist 48).
7 See the technical correction to the rule addressed by Revision Checklist 34 at 52 FR 21010
(June 4, 1987, included on Revision Checklist 34).
8
Subparagraphs 264.13(a)(1) and 265.13(a)(1) are also affected by Revision Checklist 64 (54
FR 33376, August 14, 1989).
This code is part of the optional requirements for the alternate treatment standards for lab
packs under the Third Third Scheduled Waste Rule. If adopted, all of the requirements (i.e.,
264.316(f), 265.316(f), 268.7(a)(8), 268.7(a)(9), 268.42(c), 268.42(c)(1)-(4), and
Page 84 of 89
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OSWER DIRECTIVE NO. 9541.00-1 9
SPA 13
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1992 (cont'd)
Appendices IV and V to Part 268) related to these alternate treatment standards must be
adopted.
10 A new subparagraph was introduced into the code by Revision Checklist 78. The original
subparagraph 268.1(c)(3) was introduced by Revision Checklist 34, modified by Checklist 39,
then removed by Revision Checklist 50, with 268.1(c)(4) redesignated as (c)(3). The
redesignated subparagraph 268.1(c)(3) was subsequently removed by Revision Checklist 66.
11 Subparagraph 268.1(c)(4) originated in Revision Checklist 34, was modified by Revision
Checklist 39, redesignated as 268.1(c)(3) while the original 268.1(c)(5) was redesignated as
268.1(c)(4) by Revision Checklist 50, and finally removed by Revision Checklist 66.
12 Subparagraph 268.1(c)(5) originated in Revision Checklist 39, and was revised by Revision
Checklist 48. This text was redesignated as 268.1(c)(4), and new 268.1(c)(5) text was
introduced by Revision Checklist 50. This subparagraph was finally removed by Revision
Checklist 78.
13 These definitions were introduced into the code as part of 268.2(a) by Revision Checklist 34.
Revision Checklist 78 designated them as individual paragraphs 268.2(b) and (c). The text of
the old 268.2(b), introduced into the code by Revision Checklist 34, was deleted from the
section by Revision Checklist 78.
14 This definition was introduced into the code as part of 268.2(a) by Revision Checklist 39.
Revision Checklist 78 designated it as an individual paragraph 268.2(e).
15 This subparagraph was originally 268.3 when it was added to the code by Revision Checklist
34. However, it was redesignated as 268.3(a) by Revision Checklist 78.
16 268.6(c) was originally introduced by Revision Checklist 34. Revision Checklist 50
redesignated that 268.6(c) as 268.6(d) and inserted a new 268.6(c).
17 The original 268.6(d) was introduced by Revision Checklist 34. Revision Checklist 50
redesignated that paragraph as 268.6(g). That same checklist redesignated 268.6{c) as
268.6(d).
18 268.6(e) was introduced by Revision Checklist 34. Revision Checklist 50 redesignated that
268.6(e) as 268.6(h) and inserted a new 268.6(e).
1^ 268.6(f) was introduced by Revision Checklist 34. Revision Checklist 50 redesignated that
268.6(f) as 268.6(i) and inserted a new 268.6(f).
20 268.6(d)-(j) were originally introduced by Revision Checklist 34. Revision Checklist 50
redesignated these paragraphs as 268.6(gHm).
~ ~- , ~~ DLDR.13 -Rwiwd: 02/19/93
Page 85 of 89 P™*.* 11/5/93
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OSWER DIRECTIVE NO. 9541.00-19
SPAJ3
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1992 (cont'd)
21 268.6{k) was originally introduced by Revision Checklist 39. Revision Checklist 50
redesignated it as 268.6(n).
22 Note that the rule addressed by Revision Checklist 78 (55 FR 22520) makes it appear as if
268.7(a)(3)(iii)-(v) were removed (see page 22687). This was an error and these
subparagraphs should remain in the code.
23 Initially, subparagraphs 268.7(a)(4)(i)-(iv) were introduced into the code by Revision Checklist
50. Revision Checklist 78 completely changed the text of (a)(4)(i)-(iii) and removed (a)(4)(iv).
24 This subparagraph was originally 268.7(a)(4) when it was added to the code by Revision
Checklist 34. However, it was redesignated as 268.7(a)(5) by Revision Checklist 50.
25 268.7(a)(7) was originally 268.7(a)(6) on Revision Checklist 50. Revision Checklist 83
inserted a new 268.7(a)(6) and redesignated the old 268.7(a)(6) as 268.7(a)(7). Revision
Checklist 83 also redesignated 268.7(a)(7)-(a)(9) as 268.7(a)(8)-(a)(10).
26 These subparagraphs were originally 268.7(b)(1) and 268.7(b)(1)(i)-(iv) when they were added
to the code by Revision Checklist 34. However, they were redesignated as 268.7(b){4) and
268.7(b)(4)(i)-(iv) by Revision Checklist 50.
27 These subparagraphs were originally 268.7(b)(2) and 268.7(b)(2)(i)-(ii) when they were a^^V
to the code by Revision Checklist 34. However, they were redesignated as 268.7(b)(5) and
268.7(b)(5)(i)-(ii) by Revision Checklist 50.
28 This paragraph was originally 268.7(b)(8) when it was entered into the code by Revision
Checklist 50, but it was redesignated as 268.7(b)(7) by Revision Checklist 78 because the old
268.7(b)(7) and 268.7(b)(7)(i)-(iv) were removed by Revision Checklist 78. Revision Checklist
66 corrected 268.7(b)(8) before it was redesignated by Revision Checklist 78.
29 The notice, certification and test requirements currently found in Federal code at 268.7(c)(1)
and (c)(2) were originally addressed in paragraph 268.7(c), as introduced into the code by
Revision Checklist 34. 268.7(c) was subsequently modified by Revision Checklists 39 and
50. Revision Checklist 39 added the testing requirements now found at 268.7(c)(2), although
at the time, these requirements were still part of 268.7(c). It was Revision Checklist 50 that
significantly revised the paragraph so that the notice and certification requirements now
appear at (c)(1) and the testing requirements appear at (c)(2). The checklist reference column,
then, includes all relevant checklists for 268.7(c)(1) and (c)(2), rather than just Revision
Checklist 50 which primarily affected the formatting changes.
30 Subparagraphs 268.7(c)(3) and (c)(4), introduced into the code by Revision Checklists 50 and
66, respectively, were removed from the code by Revision Checklist 78.
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OSWER DIRECTIVE NO. 9541.00-19
SPA 13
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1992 (cont'd)
31 An error in the September 6, 1989 rule (54 FR 36967) makes it appear that the revisions to
268.8(a) include the removal of 268.8(a)(4). This was not the Agency's intent and
268.8(a)(4) remains in Federal code as introduced by Revision Checklist 50.
32 The 268.30(a) introduction appeared in the final rule addressed by Revision Checklist 50, but
was not changed by that rule. See Revision Checklist 50 for more information.
33 These subparagraphs were originally 268.30(c) and 268.30(c)(1)-(3) when they were
introduced into the code by Revision Checklist 34. However, Revision Checklist 50
redesignated them as 268.30(d) and 268.30(d)(1)-(3) because that checklist inserted a new
paragraph at 268.30(c).
34 These subparagraphs were originally 268.31 (b) and 268.31(b)(1)-(3) when they were
introduced into the code by Revision Checklist 34. However, Revision Checklist 50
redesignated them as 268.31 (d) and 268.31(d)(1)-(3) because that checklist inserted a new
paragraph at 268.31 (b).
35 While this subparagraph appeared in the final rule addressed by Revision Checklist 50, this
rule did not change this subparagraph. See Footnote 9, page 28 of Revision Checklist 50.
3° Note that there are typographical errors in the Federal Register addressed by Revision
Checklist 102. The change from K031 to D031 appears to be incorrect; "D031" should be
"K031." There will be a technical correction in the future. Also, after "Appendix I of this
part" in column 2 of page 57 FR 8089 for 268.41 (a), "fox the allowable" appears to have
been incorrectly changed to "pi the allowable."
37 268.42(a)(3) was introduced into the code by Revision Checklist 63. Revision Checklist 78
removed this paragraph and Revision Checklist 83 added a new 268.42(a)(3).
38 268.42(a)(4) was introduced into the code by Revision Checklist 63. Revision Checklist 78
removed this paragraph.
39 The 55 FR 22520, June 1, 1990, code incorrectly states that a subparagraph 268.42(e) is
added. The Federal Register did not contain a 268.42(e); it only added 268.42(d).
40 While 268.43(b) appeared in the final rule addressed by Revision Checklist 63, the text of the
paragraph was not changed and remains the same as that introduced by Revision Checklist
50.
41 Note that 268.44(o) and a table listing wastes excluded from the treatment standards under
268.43(a) were added to the CFR by 56 FR 12351, a notice granting treatability variance for
facilities located in Chicago, Illinois. Due to the topic, no checklist was necessary for this
notice. As such, this paragraph and table were not included in this consolidated checklist as
States would likely not want to include it in their code, unless treatability variance was
granted to a facility in that State.
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Page 87 of 89 Prim.* 11/5/93
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OSWER DIRECTIVE NO. 9541.00-19
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1 992 (cont'd)
42 As background, the TCLP was originally promulgated in 268, Appendix I, on November 7,
1986 (51 FR 40572; Revision Checklist 34) for use in the Land Disposal Restrictions (LDR)
program to determine whether certain wastes require treatment prior to land disposal and to
determine whether certain treated wastes meet the applicable treatment standards. The TC
rule and its June 29, 1990 modification promulgated a revised TCLP at 261, Appendix II, with
modifications based on the Agency's own research and public comment. This TCLP is to be
used in both the TC and the LDR programs. The objective of the above footnoted revision to
268, Appendix I, is to assure that the TCLP entered into the code by the November 7, 1 986
notice (51 FR 40572; Revision Checklist 34) is removed and replaced by the TCLP entered
into the code and amended by the final rules (55 FR 1 1798 and 55 FR 26986) addressed by
Revision Checklist 74. The actual placement of the TCLP within a State's code is not that
important, per se; what is important is that a State's code contains only the Revision
Checklist 74 TCLP.
43 Revision Checklist 54 revised the section heading, which previously read "Minor Modification
of Permits," to read "Permit Modification at the Request of the Permittee." This was an
optional change; therefore a State may have the old section title if it elected not to adopt the
Checklist 54 changes. States should also note that 270.42 was not required by 271 .14 to be
part of a State's authorized permit program. Thus, only States which elected to have a
section analogous to 270.42 at the time of base program authorization need worry about the
270.42 modifications made to this section by Revision Checklists 34, 39 and 54. Re
Checklist 54 removed portions of the code added by Revision Checklists 34 and 39, i.e.,
270.42(o) and 270.42(p) and their subparagraphs. However, these sections have been
retained in this Consolidated LDR Checklist because the Revision Checklist 54 deletions were
optional. The various scenarios for changes to this section are as follows:
• If the State did not include an analog to 270.42 in its base program, all entries for 270.42
shown in this Consolidated LDR Checklist should be disregarded.
• If the State included an Analog to 270.42 in its base program and chose to adopt the
optional changes in Revision Checklists 39 and 54, the change to 270.42(e)(3)(ii)(B)
should be made; the entries on this Consolidated LDR Checklist for 270.42(o) and (p) and
their respective subparagraphs should be disregarded (such code will have been deleted);
and the new section title should be used.
• If the State included an analog to 270.42 in its base program, but chose not to adopt the
optional changes in Revision Checklists 39 and 54, the change to 270.42(e)(3)(ii)(B)
should be made; the State should have analogs to 270.42(o) and (p) and their respective
subparagraphs as shown on this Consolidated LDR Checklist; and the old section title may
be retained.
Appendix I was introduced by Revision Checklist 54 as an optional modification to Section
270.42. Changes to this appendix addressed by Revision Checklist 78 are relevant only if a
State has modified its code to include Appendix I as per Revision Checklist 54.
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OSWER DIRECTIVE NO. 9541.00-19
SPA 13
CONSOLIDATED CHECKLIST: Land Disposal Restrictions
as of June 30, 1992 (cont'd)
45 Revision Checklist 78 redesignated item B(1)(b) as item B(1)(c) and added a new B(1)(b).
46 Revision Checklist 61 revised and redesignated 270.72(e) as 270.72(b). The Revision
Checklist 61 changes are optional, however; therefore, some States may have retained
270.72(e) in their code as introduced by the LDR Revision Checklist 39.
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