oEPA
United States
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
DIRECTIVE NUMBER: 9541.00-7
TITLE: State Program Advisory (SPA) #3 - RCRA
Authorization, Noni-HSWA Cluster III and
HSWA Cluster I
APPROVAL DATE: June 9, 1988
EFFECTIVE DATE: June 9, 1988
ORIGINATING OFFICE: Office of Solid Waste
Q FINAL
D DRAFT
STATUS:
I
[ ]
[ ]
[ 1
A- Pending OMB approval
B- Pending AA-OSWER approval
C- For review &/or comment
In development or circulating
REFERENCE (other document*):
Supplemented OSWER Policy Directive #9540.00-9
OSWER OSWER OSWER
VE DIRECTIVE DIRECTIVE Dl
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United tates nvironmenta rotection gency
Washington. DC 20460
QSWER Directive Initiation Request
1. Directive Number
9541.00-7
2. Originator Information
Name of Contact Person
Marty Madison
Mail Code
WH-563B
Office
OSW
Telephone Code
(202) 382-2229
3. Title
State Program Advisory (SPA) #3 - RCRA Authorization,
Non-HSWA Cluster III and HSWA Cluster I
4. Summary of Directive (include brief statement of purpose)
Provides checklists for Clusters/ Model Attorney Generaal Statement,
and replacement pages for Authorization Guidance Manual.
5. Keywords
Guidance / HSWA / Program Revisions / State Authorization
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)
OSWER Policy Directive #9540.00-9
7. Draft Level
A - Signed by AA/DAA
B - Signed by Office Director
C - For Review & Comment
D - In Development
8. Document to be distributed to States by Headquarters?
XX
Yes
No
This Request M««t» OSWER Directives Sy»t«m Format Standards.
9. Signature of Lead Offjce Directives CooroMator
Date
10. Name and Title/of
Pe!
u
Date
Policy Directive Coordinator
EPA Form 1315-17 (R«v. 5-87) Previous editions are obsolete.
OSWER OSWER OSWER O
VE DIRECTIVE DIRECTIVE DIRECTIVE
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** <
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
JUN 9
OFFICE OF
SOLID WASTE AND EMERGENCY RESPONSE
MEMORANDUM
SUBJECT: State Programs Advisory (SPA) #3
<--^
FROM: Bruce R. Weddle, Directorial
Permits and state Programs Division
TO: RCRA Division Directors
Regions I-X.
Attached is the long-awaited state Programs Advisory #3. It
includes the following:
o The four remaining checklists in non-HSWA Cluster III.
Drafts were provided to you earlier, and I am pleased
to say no changes have been made.
o Revisions to the SCRAM necessitated by these checklists,
a revised AG Statement which reflects the new checklists,
and a revised Table A-l which will replace the current
Table.
o Corrections to existing checklists which have been
discovered during the authorization review process.
Please replace the appropriate pages in the SCRAM and add the
new Checklists. Copies of SPA 13 should be passed on to your states
as soon as possible. If you have questions or comments, call
Marty Madison at FTS 382-2229.
Attachment
,' •>-..",*"'
cc: RCRA Branch chiefs,
Regions- I-\
Authorization section chiefs,
Regions I-X
Barbara simcoe, ASTSWMO
State Programs Branch
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OSWER DIRECTIVE #9541.00-7
MEMORANDUM
SUBJECT: State Program Advisory #3—RCRA Authorization, Non-HSWA
Cluster III and HSWA Cluster I
FROM: Bruce Weddle, DirectofCJX
Permits and State Programs Division
TO: RCRA Branch Chiefs, Regions I-X
Please find attached State Program Advisory (SPA) #3. This SPA's purpose
is fourfold:
(1) It delineates time frames by which states must obtain
authorization for non-HSWA Cluster III and HSWA Cluster I.
(2) It provides four additional checklists (Numbers 35, 36, 37 and
38), covering the period January 1, 1987 through June 30, 1987.
These checklists complete the requirements for non-HSWA Cluster
III and HSWA Cluster I. (As all four new checklists belong to
non-HSWA Cluster III, there are no additional requirements for
HSWA Cluster I.)
(3) It provides revised portions of the SCRAM necessitated by adding
four new checklists. Specifically, these revisions include:
• Table A-l of Appendix A (pages A-2b through A-2e)
• The Model Attorney General's Statement (pages 3.3-4 through
3.3-23).
The new Table A-l and Model Attorney General's Statement,
provided with the SPA, should replace these portions of the
SCRAM.
(4) It outlines corrections to existing checklists that have been
uncovered during the authorization review process. The SPA
provides corrected versions of these checklists for substitution
in Appendix A of the SCRAM.
The SPA itself is organized into three major subsections --'A, B and C,
with Section A summarizing each of the Federal Register rules requiring a
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OSWER DIRECTIVE »y541.00-7
MEMORANDUM (Cont'd)
Page 2
April 28, 1988
new revision checklist. Section B presents the revisions to the SCRAM
necessitated by these checklists, and Section C outlines the corrections to
existing revision checklists. Attached to the SPA are the four new
revision checklists, the updated portions of the SCRAM, and revised
portions of existing checklists.
If you have any questions, please contact Alex Wolfe, Chief, Implementation
Section, State Programs Branch or Marty Madison at FTS 382-2210.
Attachments
cc: Authorization Section Chiefs I-X
State Programs Branch Headquarters
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OSWER DIRECTIVE #9541.00-7
STATE PROGRAM ADVISORY #3
A. . STATE PROGRAM CHANGES,FOR JANUARY 1 - JUNE 30, 1987
1. Revised Manual SW-846; Amended Incorporation by Reference
Date: March 16, 1987 Reference: 52 FR 8072-73
Effective: March 16, 1987
Summary: This rule announces the availability of SW-846's Third Edition,
provides information on how to obtain the manual and how it differs from
the second edition, and indicates its status relative to the RCRA
regulations. This notice also amends those sections of the regulations
which incorporate the manual by reference, as SW-846 will be henceforth
available from the National Technical Information Service. -EPA does not
incorporate the third edition into the RCRA regulations in this rule.
State Authorization: This is a non-HSWA rule and will be included in
non-HSWA Cluster III. The state modification deadline is July 1, 1988.
Only final authorization is available. The state revision application must
include a revised program description, an addendum to the AG statement, an
addendum to the MOA (if appropriate), Revision Checklist 35 and associated
state regulations.
SCRAM Update: Updates to Table A-l of Appendix A and to the model Attorney
General's Statement are necessary to reflect the addition of this
checklist. These revisions are addressed in Section B of this SPA.
2. Closure/Post-closure Care for Interim Status Surface Impoundments
Date: March 19, 1987 Reference: 52 FR 8704-09
Effective: September 15, 1987
Summary: This rule amends the interim status regulations for closing and
providing post-closure care for hazardous surface impoundments (40 CFR Part
265, Subpart K), under RCRA. These amendments provide conformance between
certain interim status requirements for surface impoundments and those
contained in the permitting rules of 40 CFR Part 264.
State Authorization: This is a non-HSWA rule and will be included in
non-HSWA Cluster III. The state modification deadline is July 1...1988.
Only final authorization is available. The state revision application must
include a revised program description, an addendum to the AG statement, an
addendum to the MOA (if appropriate), Revision Checklist 36 and associated
state regulations.
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OSWER DIRECTIVE #9541.00-7
SCRAM Update: Updates to Table A-l of Appendix A and to the model Attorney
General's Statement are necessary to reflect the addition of this
checklist. These revisions are addressed in Section B of this SPA.
3. Definition of Solid Waste Technical Corrections
Date: June 5, 1987 Reference: 52 FR 21306-07
Effective: June 5, 1987
Summary: This rule changes two provisions of the January 4, 1985 rules,
defining solid wastes and adopting regulations for recycling hazardous
wastes, that required correction or clarification.
State Authorization: This is a non-HSWA rule and will be included in
non-HSWA Cluster III. The state modification deadline is July 1, 1988.
Only final authorization is available. The state revision application must
contain a revised program description, an addendum to the AG statement, an
addendum to the MOA (if appropriate), Revision Checklist 37 and associated
state regulations.
SCRAM Update: Updates to Table A-l of Appendix A and to the model Attorney
General's Statement are necessary to reflect the addition of this
checklist. These revisions are addressed in Section B of this SPA.
4. Amendments to Part B - Information Requirements for Land Disposal
Facilitie?'
Date: June 22, 1987, as amended Reference: 52 FR 23447-50 & 33936
September 9, 1987
Effective: June 22, 1987
Summary: This rule amends the regulations establishing information
requirements for Part B permit applications under RCRA. As previously
worded, these requirements have caused delays in the timely issuance of
land disposal permits.
State Authorization: This is a non-HSWA rule and will be included in
non-HSWA Cluster III. The state modification deadline is July 1, 1988.
Only fina^ authorization is available. The state revision application must
include a revised program description, an addendum to the AG statement, an
addendum to the MOA (if appropriate), Revision Checklist 38 and associated
state regulations.
SCRAM Update: Updates to Table.A-l of Appendix A and to the model Attorney
General's Statement are necessary to reflect the addition of this
checklist. These revisions are addressed in Section B of this SPA.
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OSWER DIRECTIVE #9541.00-7
B. REVISIONS TO SCRAM
The addition of four new checklists necessitates revisions to Table A-l of
Appendix A and to the Model Attorney General's Statement. These revised
sections are included in Attachment B and should replace these parts in the
most recent SCRAM.
Specifically, the revisions are as follows:
t The revised Table A-l should replace pages A-2b through A-2e of
the SCRAM. Table A-l was revised by adding Revision
Checklists 35, 36, 37 and 38 to the list of checklists for
non-HSWA Cluster III (see page A-2c). As there were no new HSWA
rules, nothing was added to the HSWA Cluster I list. The
addition of these four checklists to Table A-l completes the list
of requirements for both of these clusters.
• The revised Model Attorney General's Statement should replace
pages 3.3-4 through 3.3-23 of the SCRAM. Sections I-F, II-A,
XIII (line 2), and XV-G were revised and Section XIII-(5) added
to reflect the addition of the four new revision checklists.
C. CORRECTIONS TO EXISTING REVISION CHECKLISTS
In reviewing state authorization packages, several errors in existing
revision checklists have come to the attention of the State Programs
Branch. This section addresses these errors. Revised checklist pages for
substitution in the existing SCRAM are provided in Attachment C.
Specifically, the revisions are as follows:
• Revision Checklist 1, page 2. The last citation has been changed
from "270.30(k)(a)" to "270.30(k)(9)."
t Revision Checklist 6, page 1. An optional symbol (t) has been
placed next to the 270.70(b) citation, as this symbol was left
off the original checklist.
.t Revision Checklist 13, page 6. A footnote has been placed next
to the 266.36 citation. The footnote states: "States are not
required to incorporate this section into their code as it was
removed by 50 £R 49164 (November 29, 1985). This change is
-addressed by Revision Checklist 19."
•*_
• Revision Checklist 20. Several typographical errors were found
in this checklist. On page 1, the F002 listing, Tine 8, "sill"
has been changed to "still." On page 2, line 2 of F004
"mixture/blends" has been changed to "mixtures/blends..."
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OSWER DIP^C.'IVE vyo^
Revision Checklist 22. On page 1, the heading was changed from
"51 FR 6541" to "51 FR 6541-6542" to make this checklist's format
more consistent with that of the other revision checklists. Also
on this same page, line 2 of F005 has been changed from
"disuffide" to "disulfide." On page 2, the last change
description has been corrected to read "2 new constituents"
rather than "3'new constituents." "(Ethanol, 2-ethoxy) is
really part of the first chemical listed under the Appendix VIII
citation. "(Ethanol, 2-ethoxy)" has been moved to properly
reflect this.
Revision Checklist 24, page 5. 264.147(e) was added to the top
of the page as it was left off the original checklist. Pages 5
through 9 are provided for substitution because the addition of
this citation changed the paging of the rest of the checklist.
An additional revision was made to this checklist. On page 8 of
the original Checklist 24, there were two "265.145(e)(l)(ii)(D)"
citations. The first of these (i.e., "90% of Assets in U.S.")
was changed to 265.145(e)(l)(i)(D).
Revision Checklist 26, page 1. The spent pickle liquor listing
on the original checklist did not reflect the September 22, 1986
(51 F_R 33612) amendment. This listing has been reworded to
reflect this change. Additionally, a footnote has been added
regarding the August 3, 1987 (52 FR 28697) clarification
addressing this listing.
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OSWER DIRECTIVE #9541.00-7
Attachment A
New Revision Checklists
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OSWER DIRECTIVE #9541.00-7
RCRA REVISION CHECKLIST 35
Revised Manual SW-846; Amended Incorporation by Reference
52 FR 8072-8073
MarcE 16, 1987
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE
REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
PART 260 - HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL
SUBPART B - DEFINITIONS
REFERENCES
available from the
National Technical
Information Service
260.11
PART 270 - EPA ADMINISTERED PERMIT PROGRAMS:
WASTE PERMIT PROGRAM
THE HAZARDOUS
SUBPART A - GENERAL INFORMATION
REFERENCES
available from the
National Technical
Information Service
270. 6(a)
March 16, 1987 - Page 1 of 1
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OSV7ER DIRECTIVE #9541.00-7
RCRA REVISION CHECKLIST 37
Definition of Solid Waste Technical Corrections
52 FR 21306-21307
June 5, 1987
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE | REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
PART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
SUBPART D - LISTS OF HAZARDOUS WASTES
DISCARDED COMMERCIAL CHEMICAL PRODUCTS, OFF-SPECIFICATION SPECIES,
CONTAINER RESIDUES, AND SPILL RESIDUES THEREOF
reference to
uses for land
application or
fuel
261.33
PART 266 - STANDARDS FOR THE MANAGEMENT OF SPECIFIC WASTES AND
SPECIFIC TYPES OF WASTE MANAGEMENT FACILITIES
SUBPART C - RECYCLABLE MATERIALS USED IN A MANNER
CONSTITUTING DISPOSAL
APPLICABILITY
combine 2 '& 3;
remove reference
to "general
public's use"
remove
subparagraph
266.20(a)(2)
266.20(a)(3)
June 5, 1987 - Page 1 of 1
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OSWER DIRECTIVE #9541.00-7
RCRA REVISION CHECKLIST 38
Amendments to Part B Information Requirements for Disposal Facilities
52 FR 23447-23450
June 22, 1987
as amended on September 9, 1987 52 FR 33936
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE | REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
PART 270 - EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS
WASTE PERMIT PROGRAM
SUBPART B - PERMIT APPLICATION
CONTENTS OF PART B: GENERAL REQUIREMENTS
reference to
264.98(h)(5);
written
authorization
add subparagraph
on schedule of
(1) submittal
270.14(c)(7)
270.14(c)(8)(v)
(1) Also see technical correction to the rule at 52 £R 33936 (September 9, 1987)
June 22, 1987 - Page 1 of 1
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OSWER DIRECTIVE #9541.00-7
Attachment B
Updated Portions of the SCRAM
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OSWER DIRECTIVE #9541,00-7
Revision
Checklist
#
2
3
4
5
6
t7
t8
t9
10
11
t!2
13
15
Table A-l
Recent Federal Requirements
Federal Requirement
Non-HSWA Requirements
Biennial Report [See Revision Check-
list #30]
Permit Rules - Settlement Agreement
Interim Status Standards - Applica-
bility [See Revision Checklist #10]
Chlorinated Aliphatic Hydrocarbon
Listing
National Uniform Manifest [See
Revision Checklists #17D & #32]
Permit Rules - Settlement Agreement
Listing Warfarin & Zinc Phosphide
Lime Stabilized Pickle Liquor Sludge
HSWA or FR
Reference
48 FR 3977
48 FR 39622
48 FR 52718
49 FR 5313
49 FR 10490
49 FR 17716
49 FR 19922
49 FR 23284
Promulga-
tion or
HSWA Date
1/28/83
9/1/83
11/22/83
2/10/84
3/20/84
4/24/84
5/10/84
6/5/84
Non-HSWA Cluster I (July 1, 1984 - June 30, 1985)
State Availability of Information
[See Appendix D]
Exclusion of Household Waste
Interim Status Standards - Applica-
bility
Corrections to Test Methods Manual
Satellite Accumulation
Redefinition of Solid Waste
Interim Status Standards for
Landfills
HSWA §3006(f) 11/8/84
49 FR 44980 11/13/84
49 FR 46095 11/21/84
49 FR 47391
49 FR 49571
50 FR 614
50 FR 16044
12/4/84
12/20/84
1/4/85
4/23/85
Continued .
A-2b
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OSWER DIRECTIVE #9541.00-7
Table A-l (Cont'd)
Recent Federal Requirements
Revision
Checklist
#
24
t26
t27
28
29
35
36
37
38
Federal Requirement
Non-HSWA Cluster II (July 1, 1985 - June
Closure, Post-Closure and Financial
Responsibility Requirements
Listing of Spent Pickle Liquor
Non-HSWA Cluster III (July 1, 1986 - June
Radioactive Mixed Waste (See SPA #2)
Liability Coverage - Corporate Guarantee
Hazardous Waste Tank Systems
Correction to Listing of Commercial
Chemical Products and Appendix VIII
Constituents
[Hazardous Waste Tank Systems; Cor-
rection, See Revision Checklist #28]
t [Listing of Spent Pickle Liquor;
Correction, See Revision Checklist #26]
Revised Manual SW-846; Amended Incorpora-
tion by Reference
Closure/Post-closure Care for Interim
Status Surface Impoundments
Definition of Solid Waste; Technical
Corrections
Amendments to Part B - Information Re-
HSWA or FR
Reference
30, 1986)
51 FR 16422
51 FR 19320
30, 1987)
51 FR 24504
51 FR 25350
51 FR 25422
51 FR 28296
51 FR 29430
51 FR 33612
52 FR 8072
52 FR 8704
52 FR 21306
52 FR 23447
Promulga-
tion or
HSWA Date
5/2/86
5/28/86
7/3/86
7/11/86
7/14/86
8/6/86
8/15/86
9/22/86
3/16/87
3/19/87
6/5/87
6/22/87
quirements for Land Disposal Facilities
Continued . . .
A-2c
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OSWER DIRECTIVE #9541.00-7
Revision
Checklist
#
14
16
17
Table A-l (Cont'd)
Recent Federal Requirements
Federal Requirement
HSWA or FR
Reference
Promulga-
tion or
HSWA Date
HSWA Cluster I (November 8. 1984 - June 30, 1987)
HSWA Date of Enactment Provisions [See Numerous
Revision Checklist #17]
Direct Action Against Insurers HSWA §3014
Dioxin Listing and Management Standards 50 FR 1978
Fuel Labeling [See #17K] HSWA §3004
Paint Filter Test [See Revision
Checklist #25]
Prohibition of Liquids in Landfills
[See #17F]
Expansions During Interim Status -
Waste Piles [See #17P]
Expansions During Interim Status -
Landfills and Surface Impoundments
[See #17P]
HSWA Codification Rule
17A - Small Quantity Generators
[Superceded 51 FR 10174, see
Revision Checklist #23]
17B - Deli sting
17C - Household Waste
17D - Waste Minimization [See Revision
Checklist #32]
17E - Location Standards for Salt Domes,
•*- Salt Beds, Underground Mines and
Caves
17F - Liquids in Landfills [See Revision
Checklist #25]
17G - Dust Suppression
17H - Double Liners
171 - Ground-Water Monitoring
17J - Cement Kilns
17K - Fuel Labeling
11/8/84
11/8/84
1/14/85
2/7/85
50 FR 18370 4/30/85
HSWA §3004(c) 5/8/85
HSWA §3015(a) 5/8/85
HSWA §3015(b) 5/8/85
50 FR 28702 7/15/85
Continued . . .
A-2d
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OSWER DIRECTIVE If9541.00-7
Table A-l (Cont'd)
Recent Federal Requirements
Revision
Checklist
#
18
19
20
21
22
23
25
28
30
31
32
33
34
Federal Requirement
HSWA Cluster I (Cont'd)
17L - Corrective Action
17M - Pre-construction Ban
17N - Permit Life
170 - Omnibus Provision
17P - Interim Status
17Q - Research and Development Permits
17R - Hazardous Waste Exports [Super-
ceded by 51 FR 28644, see
Revision Checklist #31]
17S - Exposure Information
Listing of TDI, IDA, DNT
Burning of Waste Fuel and Used Oil Fuel
in Boilers and Industrial Furnaces
Spent Solvents Listing
EDB Waste Listing
Four Spent Solvents Listing
Small Quantity Generators
Paint Filter Test; Correction
Hazardous Waste Tank Systems [See Non-
HSWA Cluster III]
Biennial Reports; Correction
Exports of Hazardous Waste
Standards for Generators - Waste
Minimization Certifications
Listing of EBDC
Land Disposal Restrictions
[Burning of Waste Fuel and Used Oil
Fuel in Boilers and Industrial
Furnaces; Technical Corrections,
See Revision Checklist #19]
[Land Disposal Restrictions; Correc-
tions, See Revision Checklist #34]
HSWA or FR
Reference
50 FR 42936
50 FR 49164
50 FR 53315
51 FR 5330
51 FR 6541
51 FR 10174
51 FR 19176
51 FR 25422
51 FR 28556
51 FR 28664
51 FR 35190
51 FR 37725
51 FR 40572
52 FR 11819
52 FR 21010
Promulga-
tion or
HSWA Date
10/23/85
11/29/85
12/31/85
2/13/86
2/25/86
3/24/86
5/28/86
7/14/86
8/8/86
8/8/86
10/1/86
10/24/86
11/7/86 '
4/13/87
6/4/87
t Optional.
A-2e
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OSWER DIRECTIVE #9541.00-7
MODEL ATTORNEY GENERAL'S STATEMENT FOR FINAL AUTHORIZATION
FOR CHANGES TO THE FEDERAL RCRA PROGRAM FROM
JANUARY, 1983 THROUGH DECEMBER, 1986
I hereby certify, pursuant to my authority as and in accordance
with Section 3006(b) of the Resource Conservation and Recovery Act, as amended
by the Hazardous and Solid Waste Amendments of 1984 (42 USC 6901 et seq.), and
40 CFR 271 that in my opinion the laws of the State [CommonwealthJ~of
__^^__^__ provide adequate authority to carry out the revised program set
forth in the revised "Program Description" submitted by the [State Agency].
The specific authorities provided are contained in statutes or regulations
lawfully adopted at the time this Statement is signed and which are in effect
now [shall be fully effective by ; ], as specified below.
I. IDENTIFICATION AND LISTING
A. State statutes and regulations contain lists of hazardous waste which
encompass all wastes controlled under the following Federal regulations as
indicated in the designated Revision Checklists:
(1) Chlorinated aliphatic hydrocarbons, 40 CFR 261.31, as amended
February 10, 1984 [49 FR 5308-15], Revision Checklist 4.
(2) [OPTIONAL: This is a reduced requirement.] Warfarin and zinc
phosphide listing, 40 CFR 261.33(e) and (f), as amended May 10, 1984
[49 FR 19923], Revision Checklist 7.
(3) TDI, DNT and TDA wastes, 40 CFR 261.32 and 261.33(f), as amended
October 23, 1985 [50 FR 42936-43], Revision Checklist 18.
(4) Spent solvents, 40 CFR 261.31, as amended December 31, 1985 [50 FR
53319-20] and January 21, 1986 [51 FR 2702], Revision Checklist 2U.
(5) EDB wastes, 40 CFR 261.32, as amended February 13, 1986 [51, FR
5330], Revision Checklist 21.
(6) Four spent solvents, 40 CFR 261.31 and 26L33(f), as amended February
25, 1986 [51 FR 6541], Revision Checklist 22.
(7) [OPTIONAL: This is a reduced requirement.] Listing of spent pickle
liquor from steel finishing operations, 40 CFR 261.32, as amended May
28, 1986*[51 FR 19320] and September 22, 1986 [51 FR 33612], Revision
Checklist 26.
The phrase "OPTIONAL: This is a reduced requirement" is used to indicate
provisions that either are less stringent or reduce the scope of the
program. Any State which adopts an "optional" requirement must ensure
that it is as least as stringent as the Federal requirement.
3.3-4
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OSWER DIRECTIVE #9541.00-7
(8) Listing of commercial chemical products and Appendix VIII
constituents, 40 CFR.261.33 and Appendix VIII, as amended August 6,
1986 [51 FR 28296], Revision Checklist 29.
(9) EBDC wastes, 40 CFR* 261.32, as amended on October 24, 1986 [51 FR
37725], Revision Checklist 33.
[Federal Authority: RCRA §3001(b).]
Citation of Laws and Regulations; Date of Enactment and Adoption Remarks of the
Attorney General"
B. State statutes and regulations define hazardous waste so as to control
the generation, transportation, treatment, storage and disposal of hazardous
waste produced by small quantity generators of between 100 and 1000
kilograms/month as indicated in Revision Checklist 23. State statutes and
regulations also require small quantity generators to certify good faith
efforts to minimize waste generation and to select the best available and
affordable treatment, storage or disposal alternatives, 40 CFR 262 as amended
October 1, 1986 [51 FR 35190], Revision Checklist 32 (see Item IX below).
[Federal Authority: RCRA §3001(d); 40 CFR Parts 260-263 and 270 as amended
March 24, 1986 (51 FR 10174) and October 1, 1986 (51 FR 35190.]
Citation of Laws and Regulations; Date of Enactment and Adoption Remarks of the
Attorney GeneraT:
C. [This is an optional requirement only if States do not have a
delisting mechanism.] State statutes and regulations provide authority to
delist hazardous waste as indicated in Revision Checklist 17B.
(1) State statutes and regulations require that before deciding to delist
a waste, the State must consider whether any listing factor
(including additional constituents) other than those for which the
waste was listed would cause the waste to be hazardous.
[Federal Authority: RCRA §3001(f)(l); 40 CFR 260.22.]
(2) State statutes and regulations require that there be no new temporary
deli stings.without prior notice and comment. All temporary
deli stings received before November 18, 1984 without the opportunity
for public comment and full consideration of such comment, shall
lapse if not made final by November 8, 1986.
[Federal Authority*- RCRA §3001(f)(2); 40 CFR 260.20(d).]
Citation of Laws and Regulations; Date of Enactment and Adoption Remarks of the
Attorney GeneraT
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
3.3-5
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OST'TER DIRECTIVE #9541.00-7
excluded by 40 CFR 261.3(c)(2), as amended June 5, 1984 [49 FR 23287], as
indicated in Revision Checklist 8.
[Federal Authority: RCRA §3001; 40 CFR 261.3(c).]
Citation of Laws and Regulations; Date of Enactment and Adoption Remarks of the
Attorney General '.
E. [OPTIONAL: This is a reduced requirement.] State statutes and
regulations define hazardous waste so as to not exclude household waste other
than those household wastes excluded in 40 CFR 261.4(b)(l), as amended November
13, 1984 [49 £R 44980], and as indicated in Revision Checklist 9.
[Federal Authority: RCRA §3001; 40 CFR 261.4(b)(c).]
Citation of Laws and Regulations; Date of Enactment and Adoption Remarks of the
Attorney GeneraT*
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 and 40 CFR 260.11, 260.21 and 270.6(a)
as amended December 4, 1984 (49 FR 47391) and March 16, 1987 (52 FR 8072).]
Citation of Laws and Regulations; Date of Enactment and Adoption Remarks of the
Attorney General
G. State statutes and regulations define solid wastes to include the
hazardous components of radioactive mixed wastes, July 3, 1986 [51 FR 24504].
See State Program Advisory (SPA) #2.
[Federal Authority: RCRA §§1006 and 3001(b).]
Citation of Laws and Regulations; Date of Enactment and Adoption Remarks of the
Attorney GeneraT
II. DEFINITION OF SOLID WASTE
A. State statutes and regulations define hazardous waste and impose
management standards so as to control all the hazardous waste controlled under
40 CFR Parts :261, 264, 265 and 266 as amended January 4, 1985 [50 FR 614-669],
April 11, 1985 [50 FR 14216-20], August 20, 1985 [50 FR 33541-43] and June 5,
1987 (52 FR 21306)*as indicated in Revision Checklists 13 and 37.
[Federal Authority: RCRA §§3001, 3004]
Citation of Laws and Regulations; Date o.f Enactment and Adoption Remarks of the
Attorney General
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OSWER DIRECTIVE #9541.00-7
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(dj, 261.31, and 261.33(f).
(2) Special management and permitting standards for facilities managing
dioxin wastes and prohibitions applicable to interim status
facilities, as provided in 40 CFR Parts 264, 265, and 270.
[Federal Authority: §§3001, 3004; 40 CFR Parts 261, 264, 265 and 270 as
amended January 14, 1985 (50 FR 1978-2006).]
Citation of Laws and Regulations; Date of Enactment and Adoption Remarks of the
Attorney GeneraT
IV. SATELLITE ACCUMULATION
[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, 3005 and 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 GeneraT
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
265il(b).
[Federal Authority?- RCRA §3004; 40 CFR Part 265 as amended November 22, 1983
(48 FR 52718) and November 21, 1984 (49 FR 46095).]
Citation of Laws and Regulations; Date of Enactment and Adoption Remarks of the
Attorney GeneraT\
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OSWER DIRECTIVE #9541.00-7
VI. PAINT FILTER TEST
State statutes and regulations require the use of a paint filter test to
determine the absence or presence of free liquids in either a containerized or
bulk waste as indicated in Revision Checklists 16, 17F and 25.
[Federal Authority: RCRA §§3004, 3005; 40 CFR Parts 260, 264, 265, and 270 as
amended April 30, 1985 (50 FR 18370), July 15, 1985 (50 FR 28702) and May 28,
1986 (51 FR 19176).]
Citation of Laws and Regulations; Date of Enactment and Adoption Remarks of the
Attorney General
VII. NATIONAL UNIFORM MANIFEST
State statutes and regulations require generators to use the national
uniform manifest as indicated in Revision Checklists 5 and 32.
[Federal Authority: RCRA §§2002, 3002, 3003 and 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
VIII. BIENNIAL REPORT
A. State statutes and regulations contain the following reporting
requirements as indicated in Revision Checklists 1 and 30.
(1) The biennial report contains the information indicated in 40 CFR
262.41(a).
(2) Facilities must submit groundwater monitoring data annually to the
State Director as indicated in 40 CFR 265.94~
[Federal Authority: RCRA §§3002, 3004; 40 CFR Parts 262 and 265 as amended
January 28, 1983 (48 FR 3981-83) and August 8, 1986 (51 FR 28566).]
Citation of Laws and Regulations; Date of Enactment and Adoption Remarks of the
Attorney General
IX. WASTE MINIMIZATION
State statutes and regulations contain the following requirements
regarding waste minimization as indicated in Revision Checklists 17D, 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.
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OSWER niBECTIVE #9541.00-7
[Federal Authority: RCRA §3002(a)(6), (b); 40 CFR 262.41, 264.75 and 265.75 as
amended July 15, 1985 (50 FR 28702), August 8, 1986 (51 FR 28556) and October
1, 1986 (51 FR 35190).] ~~
Citation of Laws and Regulations; Date of Enactment and Adoption Remarks of the
Attorney General
(2) RCRA permits for the treatment, storage, or disposal of hazardous
waste on the premises where the waste was generated must contain a
certification by the permittee regarding efforts taken to minimize
the amount and toxicity of the generated wastes.
[Federal Authority: §3005(h); 40 CFR Parts 264.70, 264.73 and 270.30(j)(2) as
amended July 15, 1985 (50 FR 28702).]
Citation of Laws and Regulations; Date of Enactment and Adoption Remarks of the
Attorney General"
X. LIQUIDS IN LANDFILLS
A. State statutes and regulations contain the following requirements
regarding liquids in landfills as indicated in Revision Checklists 17F and 25.
(1) Effective May 8, 1985, there is a ban on the placement of bulk or
non-containerized liquid hazardous waste or hazardous waste
containing free liquids in any landfill pursuant to 40 CFR 264.314
and 265.314 as amended July 15, 1985 and May 28, 1986.
(2) Effective November 8, 1985, there is a ban on the placement of
non-hazardous liquids in landfills unless the owner or operator
satisfies the criteria set forth in 40 CFR 264.314(e), 265.314(e), as
amended July 15, 1985 and May 28, 1986.
(3) For bulk or non-containerized liquid wastes or wastes containing free
liquids they may be placed in a landfill prior to May 8, 1985, only
if the .requirements of 40 CFR 264.314(a) and 265.314(a) are met.
[Federal Authority: §3004(c); 40 CFR 264.314, 265.314 and 270.21(h) as amended
July 15, 1985 (50 FR 28702) and May 28, 1986 (51 FR 19176).]
Citation of Laws and Regulations; Date of Enactment and Adoption Remarks of the
Attorney General:
•i
XI. GROUND-WATER MONITORING
A. State statutes and regulations provide that the §3004 groundwater
monitoring requirements applicable to surface impoundments, waste piles, land
treatment units and landfills shall apply whether or not such units are located
above the seasonal high water table, have two liners and a leachate collection
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OSWER DIRECTIVE #9541,00-7
system or have liners that are periodically inspected, as indicated in Revision
Checklist 171.
[Federal Authority: RCRA §3004(p); 40 CFR 264.222, .252, .253, and .302 as
amended July 15, 1985 (50 FR 28702).]
Citation of Laws and Regulations; Date of Enactment and Adoption Remarks of the
Attorney General
B. [OPTIONAL: This is a reduced requirement.] State statutes and
regulations may allow variances from the ground-water monitoring requirements
as provided in §3004(p). However, those variances must be restricted as
provided in RCRA §3004(p).
[Federal Authority: RCRA §3004(p); 40 CFR 264.90(b).]
Citation of Laws and Regulations; Date of Enactment and Adoption Remarks of the
Attorney General"'
XII. BURNING AND BLENDING OF HAZARDOUS WASTES
A. State statutes and regulations provide the following requirements:
(1) The burning of fuel containing hazardous waste in a cement kiln is
prohibited as specified in 40 CFR 266.31 and Revision Checklist 17J.
[Federal Authority: RCRA §3004(q); 40 CFR 266.31, July 15, 1985 (50 FR
28702).]
Citation of Laws and Regulations; Date of Enactment and Adoption Remarks of the
Attorney General
(2) Fuels containing hazardous waste and all persons who produce,
distribute and market fuel containing hazardous wastes must be
regulated as indicated in Revision Checklists 17J and 17K.
[Federal Authority: RCRA §§3004(q)-(s); 40 CFR 261.33; 266.34, July 15, 1985
(50 FR 28702).]
Citation of Laws and Regulations; Date of Enactment and Adoption Remarks of the
Attorney General
B. [OPTIONAL: This is a reduced requirement.] State statutes and
regulations provide exceptions to these requirements as specified in
§§3004(q)-(s).
[Federal Authority: RCRA §§3004(q)-(s).]
Citation of Laws and Regulations; Date of Enactment and Adoption Remarks of the
Attorney General
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OSWER DIRECTIVE #9541.00-7
XIII. CORRECTIVE ACTION
State statutes and regulations contain the following corrective action
requirements as indicated in Revision Checklists 17L and 38.
(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 as indicated in
Revision Checklist 17L.
[Federal Authority: RCRA §3004(u); 40 CFR 264.90; .101; 270.60.]
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
§3004(v) regulations.)
[Federal Authority: RCRA §3004(v)(l).]
Citation of Laws and Regu1ations;-Date of Enactment and Adoption Remarks of the
Attorney General
(3) Corrective action is required beyond a facility's boundary in
accordance with §3004(v) for all landfills, surface impoundments and
waste pile units (including any new units, replacements of existing
units or lateral expansions of existing units) which receive
hazardous waste after July 26, 1982.
[Federal Authority: RCRA §3004(v)(2).]
Citation of Laws and Regulations; Date of Enactment and Adoption Remarks of the
Attorney General
(4) There is evidence of financial responsibility for corrective action
on- and off-site.
[Federal Authority: RCRA §§3004(a)(6); (u); 40 CFR 264.90; .101.]
Citation of Laws and Regulations; Date of Enactment and Adoption Remarks of the
Attorney General"
(5) Additional information and engineering feasibility plan requirements
regarding groundwater contamination detected at the time of Part B
permit application as indicated in Checklist 38 (52 FR 23447, June
22, 1987 and 52 FR 33936, September 9, 1987).
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OSWER DIRECTIVE #9541.00-7
[Federal Authority: Sees 1006, 2002, 3005, 3007 and 7004 of the Solid Waste
Disposal Act, as amended by the Resource Conservation and Recovery Act, as
amended (42 U.S.C. 6905, 6912, 6925, 6927, 6974), unless otherwise noted.]
XIV. HAZARDOUS WASTE EXPORTS
State statutes and regulations require generators and transporters of
hazardous waste destined for export outside the United States to comply with
standards equivalent to those as indicated in Revision Checklist 31.
[Federal Authority: RCRA §3017; 40 CFR 262.50 as amended August 8, 1986 (51 FR
28664).]
Citation of Laws and Regulations; Date of Enactment and Adoption Remarks of the
Attorney Generaf
XV. STANDARDS FOR FACILITIES
A. State statutes and regulations prohibit the land disposal of hazardous
waste prohibited under 40 CFR Parts 264 and 265 as indicated in Revision
Checklist 17E. Land disposal includes, but is not limited to, placement in
landfills, surface impoundments, waste piles, deep injection wells, land
treatment facilities, salt dome and bed formations and underground mines or
caves. Deep injection well means a well used for the underground injection of
hazardous wastes other than a well to which §7010(a) of RCRA applies.
[Federal Authority: RCRA §§3004(b)-(q); 40 CFR 264.18, 265.18.]
Citation of Laws and Regulations; Date of Enactment and Adoption Remarks of the
Attorney General:
B. Effective on November 8, 1984 State statutes and regulations prohibit
the placement of any non-containerized or bulk liquid hazardous waste in any
salt dome or salt bed formation any underground mine or cave except as provided
in §264.18(0 and §265.18(c) as indicated in Revision Checklist 17E.
Furthermore, State statutes and regulations prohibit the placement of any other
hazardous waste in such formations until a permit is issued.
[Federal Authority: RCRA §3004(b)(4); 40 CFR 264.18 and 265.18.] Citation of
Laws and Regulations; Date of Enactment and Adoption Remarks of the Attorney
General~
C. State statutes and regulations prohibit the use of waste oil or other
materials contaminated with hazardous wastes (except ignitible wastes) as a
dust suppressant as indicated in Revision Checklist 17G.
[Federal Authority: RCRA .§3004(1); .40 CFR 266.23.]
Citation of Laws and Regulations; Date of Enactment and Adoption Remarks of the
Attorney General"
3.3-12
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D. State statutes and regulations allow direct action by third parties
against the insurer or guarantor of an owner/operator's financial
responsibilities if an owner/operator is in bankruptcy reorganization or
arrangement or where (with reasonable diligence) jurisdiction in any State or
Federal Court cannot be obtained over an owner/operator likely to be solvent at
time of judgment.
[Federal Authority: RCRA §3004(t).]
Citation of Laws and Regulations; Date of Enactment and Adoption Remarks of the
Attorney General
E. State statutes and regulations require the permittee to take steps to
minimize releases to the environment in accordance with 40 CFR Part 270.30(d)
as amended September 1, 1983, as indicated in Revision Checklist 2.
[Federal Authority: RCRA §3005(c).]
Citation of Laws and Regulations; Date of Enactment and Adoption Remarks of the
Attorney GeneraT
F. State statutes and regulations require that closure and post-closure
requirements and special requirements for containers apply to interim status
landfills as indicated in Revision Checklist 15.
[Federal Authority: RCRA §3004; 40 CFR 265.310, .315 as amended April 23, 1985
(50 FR 16044).]
Citation of Laws and Regulations; Date of Enactment and Adoption Remarks of the
Attorney General"
G. State statutes and regulations require compliance with
closure/post-closure and financial responsibility requirements applicable to
owners and operators of hazardous waste treatment, storage and disposal
facilities, as indicated in Revision Checklists 24 and 36.
[Federal Authority: RCRA §§3004 and 3005, 40 CFR 260, 264, 265, and 270 as
amended May 2, 1986 (51 FR 16422) and March 19, 1987 (52 FR 8704).]
Citation of Laws and Regulations; Date of Enactment and Adoption Remarks of the
Attorney General
H. [OPTIONAL: This is a reduced requirement.] State statutes and
regulations allow companies that treat store or dispose of hazardous waste to
demonstrate alternate coverage for liability insurance in the form of a
corporate guarantee- as indicated in Revision Checklist 27.
[Federal Authority: RCRA §§2002, 3004, and 3005, 40 CFR 264.147 and 264.151 as
amended July 11, 1986 (51 FR 25350).]
Citation of Laws and Regulations; Date of Enactment and Adoption Remarks of the
Attorney General
3.3-13
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OSWER DIRECTIVE #9541.00-1
I. State statutes and regulations require companies that generate, treat
or store hazardous waste in containers to comply with tank standards equivalent
to those indicated in Revision Checklist 28.
[Federal Authority: RCRA §§1006, 2002, 3001 - 3007, 3010, 3014, 3017 - 3019
and 7004; 40 CFR 260, 261, 262, 264, 265, and 270 as amended July 14, 1986 (51
FR 25422) and August 15, 1986 (51 FR 29430).]
Citation of Laws and Regulations; Date of Enactment and Adoption Remarks of the
Attorney General"
XVI. REQUIREMENTS FOR PERMITS
A. [OPTIONAL: This is a reduced requirement.] State statutes and
regulations allow a facility (1) to construct an approved TSCA facility for
burning PCBs without first obtaining a RCRA permit and (2) to subsequently
apply for a RCRA permit in accordance with Revision Checklist 17M.
[Federal Authority: RCRA §3005(a), 40 CFR 270.10(f)(3).]
B. State statutes and regulations require review of land disposal permits
every five years and modification of such permits as necessary to assure
compliance with the requirements in Parts 264, 266, and 270, as indicated in
Revision Checklist 17N.
[Federal Authority: RCRA §3005(c)(3), 40 CFR 270.41(a)(6), .50(d).]
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]
Citation of Laws and Regulations; Date of Enactment and Adoption Remarks of the
Attorney General
D. State statutes and regulations require that:
(1) For land disposal facilities granted interim status prior to 11/8/84,
interim status terminates 11/8/85; unless a Part B application and
certification of compliance with applicable groundwater monitoring
and financial responsibility requirements are submitted by 11/8/85,
as indicated in Revision Checklist 17P.
[Federal Authority: RCRA §3005(e); 40 CFR 270.73(c).]
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OSWER DIRECTIVE #9541.00-7
Citation of Laws and Regulations; Date of Enactment and Adoption Remarks of the
Attorney General
(2) For land disposal facilities in existence on the effective date of
statutory or regulatory changes under this Act that render the
facility subject to the requirement to have a permit and which is
granted interim status, interim status terminates 12 months after the
date the facility first becomes subject to such permit requirement
unless a Part B application and certification of compliance with
applicable groundwater monitoring and financial responsibility
requirements are submitted by that date as indicated in Revision
Checklist 17P.
[Federal Authority: RCRA §3005(e); 40 CFR 270.73(d).]
Citation of Laws and Regulations; Date of Enactment and Adoption Remarks of the
Attorney General
(3) Interim status terminates for incinerator facilities by 11/8/89
unless the owner/operator submits a Part B application by 11/8/86 as
indicated in Revision Checklist 17P.
[Federal Authority: RCRA §3005(c)(2)(C); 40 CFR 270.73(e).]
Citation of Laws and Regulations; Date of Enactment and Adoption Remarks of the
Attorney General
(4) Interim status terminates for any facility other than a land disposal
or an incineration facility by 11/8/92 unless the owner/operator
submits a Part B application by 11/8/88 as indicated in Revision
Checklist 17P.
[Federal Authority: RCRA §3005(c)(2)(C); 40 CFR 270.73(f).]
Citation of Laws and Regulations; Date of Enactment and Adoption Remarks of the
Attorney General'
E. [OPTIONAL: This is a reduced requirement.] State statutes and
regulations allow facilities to qualify for interim status if they (1) are in
existence on the effective date of statutory or regulatory changes that render
the facility subject to the requirement to have a permit and (2) comply with
§270.70(a) a.s indicated in Revision Checklist 17P.
[Federal Authority: RCRA §3005(e); 40 CFR 270.73(d).]
i
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
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OSWER DIRECTIVE #9541.00-7
previously denied a Section 3005(c) permit or if authority to operate the
facility has been terminated as indicated in Revision Checklist 17P.
[Federal Authority: RCRA §3005(c)(3); 40 CFR 270.70(c).]
Citation of Laws and Regulations; Date of Enactment and Adoption Remarks of the
Attorney General
G. [OPTIONAL: This is a reduced requirement.] State statutes and
regulations allow the issuance of a one-year research development, and
demonstration permit (renewable 3x) for any hazardous waste treatment facility
which proposes an innovative and experimental hazardous waste treatment
technology or process not yet regulated as indicated in Revision Checklist 17Q.
If adopted, however, the State must require the facility to meet RCRA's
financial responsibility and public participation requirements and retain
authority to terminate experimental activity if necessary to protect health or
the environment.
[Federal Authority: RCRA §3005(g); 40 CFR 270.65]
Citation of Laws and Regulations; Date of Enactment and Adoption Remarks of the
Attorney General
H. State statutes and regulations require landfills, surface
impoundments, land treatment units, and waste piles that received waste after
July 26, 1982 and which qualify for interim status to comply with the
groundwater monitoring, unsaturated zone monitoring, and corrective action
requirements applicable to new units at the time of permitting as indicated in
Revision Checklist 17L.
[Federal Authority: RCRA §3005(i); 40 CFR 264.90(a).]
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).
,t
[Federal Authority: RCRA §3005(j)(8).]
Citation of Laws and Regulations; Date of Enactment and Adoption Remarks of the
Attorney General
(2) Surface impoundments to comply with the double liner, leachate
collection and ground-water monitoring requirements if the Agency
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OSWER DIRECTIVE #9541.00-7
allows a hazardous waste prohibited from land disposal under
§3004(d), (e) or (g) to be placed in such impoundments.
[Federal Authority: RCRA §3005(j)(ll).]
Citation of Laws and Regulations; Date of Enactment and Adoption Remarks of
Attorney General
(3) [OPTIONAL: This is a reduced requirement.] State statutes and
regulations may allow variances from the above requirements as
provided in RCRA §3005(j)(2-9) and (13). However, the availability
of such variances must be restricted as provided in RCRA §3005(j).
[Federal Authority: RCRA §3005(j)(2-9).]
Citation of Laws and Regulations; Date of Enactment and Adoption Remarks of
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
Attorney General
XVII. MINIMUM TECHNOLOGICAL REQUIREMENTS
A. State statutes and regulations require that new units, expansions, and
replacements of interim status waste piles meet the requirements for a single
liner and leachate collection system in regulations applicable to permitted
waste piles as indicated in the Revision Checklist 17H.
[Federal Authority: RCRA §3015(a); CFR 265.254]
Citation of Laws and Regulations; Date of Enactment and Adoption Remarks of
Attorney General
B. State statutes and regulation require that:
(1) New units, expansions, and replacement units at interim status
landfills and surface impoundments and permitted landfills and
surface impoundments meet the requirements for double liners and
leachate collection systems applicable to new permitted landfills and
surface impoundments in 40 CFR 264.221 and .301 and 265.221 and .301
as indicated in Revision Checklist 17H.
3.3-17 -
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OSWER DIRECTIVE #9541.00-7
(2) [Optional: This is a reduced requirement.] Facilities which comply
in good faith need not retrofit at permit issuance unless the liner
is leaking as provided in §§265.221(e) and 265.301(e) as indicated in
Revision Checklist 17H.
(3) Variances from the above requirements are optional. However, the
availability of such variances is restricted as provided in
§§265.221(c) and 265.301(c) as indicated in Revision Checklist 17H.
[Federal Authority: RCRA §3015(b); 40 CFR 264.221 and 265.221.]
Citation of Laws and Regulations; Date of Enactment and Adoption Remarks of
Attorney General
XVIII. EXPOSURE ASSESSMENTS
A. State laws and regulations require permit applicants for landfills or
surface impoundments to submit exposure information as indicated in Revision
Checklist 17S.
[Federal Authority: RCRA §3019(a); 40 CFR 270.10(j).]
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
Attorney General
XIX. AVAILABILITY OF INFORMATION
State statutes and regulations provide that:
(1) All records shall be available to the public unless they are exempt
from the disclosure requirements of the Federal FOIA, 5 U.S.C. 552;
(2) All nonexempt records will be available to the public upon request
regardless of whether any justification or need for such records has
been shown by the requestor;
(3) The same types of records would be available to the public from the
State as would be available from EPA. [In making this certification,
the Attorney General should be aware of the types of documents EPA
generally releases under the FOIA, subject to claims of business
confidentiality: permit applications; biennial reports from
facilities; closure plans; notification of a facility closure;
contingency plan incident reports; delisting petitions; financial
responsibility instruments; ground-water monitoring data (note that
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OSWER DIRECTIVE #9541.00-7
exemptions 5 U.S.C.552(b)(9) of the FOIA applies to such wells as oil
and gas, rather than to ground-water wells); transporter spill
reports; international shipment reports; manifest exception,
discrepancy and unmanifested waste reports; facility EPA
identification numbers; withdrawal requests; enforcement orders; and,
inspection reports]; and,
(4) Information is provided to the public in substantially the same
manner as EPA as indicated in 40 CFR Part 2 and Revision Checklist
26. [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 (CBI) to the same degree as indicated in 40 CFR
2 and Revision Checklist 26. 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
Attorney General"
XX. BURNING OF WASTE FUEL AND USED OIL FUEL IN BOILERS AND INDUSTRIAL FURNACES
A. State statutes and regulations contain the following requirements
regarding the burning of waste fuel and used oil fuel for energy recovery in
boilers and industrial furnaces as indicated in Revision Checklist 19:
(1) Waste fuels and used oil fuels are identified as solid wastes so as
to encompass all such wastes controlled under 40 CFR 261.3, 261.5 and
261.6.
(2) Special management standards for generators, transporters, marketers
and burners of hazardous waste and used oil burned for energy, as
provided in 40 CFR 264.340, 265.340, 266.30-35 and 266.40-45.
[Federal Authority: §§3001, 3004, 3014(a); 40 CFR Parts 261, 264, 265 and 266
as amended November 29, 1985 [50 FR 49164 - 49212], November 19, 1986 [51 FR
41900 - 41904] and April 13, 1987T52 FR 11819 - 11822].]
Citation of Laws and Regulations; Date of Enactment .and Adoption Remarks of
Attorney General'
3.3-19
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OSWER DIRECTIVE #9541.00-7
B. State statutes and regulations provide the authority to obtain
criminal penalties for violations of the waste fuel and used oil fuel
requirements, as provided in 40 CFR 266.40-45.
[Federal Authority: §3006(h), §3008(d), 3014; 40 CFR 271.16]
Citation of Laws and Regulations; Date of Enactment and Adoption Remarks of
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 Checklist 34.
[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) and as
amended on June 4, 1987 (52 FR 21010).]
Citation of Laws and Regulations; Date of Enactment and Adoption Remarks of
Attorney General'
XXII. MEMORANDUM OF AGREEMENT (MOA)
[If the State uses the MOA to satisfy Federal procedural requirements, the
Attorney General must certify the following:
(1) The State has the authority to enter into the agreement,
" (2) The State has the authority to carry out the agreement, and
(3) No applicable State statute (including the State Administrative
Procedure Act) requires that the procedure be promulgated as a rule
in order to be binding.
Seal of Office
Signature
Name (Type or Print)
Ttle
Date
3.3-20 .
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OSWER DIRECTIVE #9541.00-7
Attachment C
Revised Pages for Existing Checklists
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OSWER DIRECTIVE #9541.00-7
The following page replaces page 2 of
Revision Checklist 1
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OSWER DIRECTIVE #9541.00-7
RCRA REVISION CHECKLIST: Biennial Report (cont'd)
FEDERAL
REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE
REGULATION
IF DIFFERENT
REQUIREMENT ,
FROM FEDERAL
EXPLAIN
UNMANIFESTED WASTE REPORT
introductory oaraaraoh
265.76
t ADDITIONAL REPORTS
introductorv oaraaraoh
265.77
SUBPART F - GROUNDWATER MONITORING
t RECOPDKEEPING AND REPORTING
annual reauirement
annual renort
265.94(a)(2)
265.94(b)(2)
PART 122 - PERMITTING REQUIREMENTS
t NONCOMPLIANCE AND PROGRAM REPORTING BY THE DIRECTOR
oroaram reoort
122.18(c)(3)
270.5(b)(2)
t ADDITIONAL CONDITIONS APPLICABLE TO .ALL RCRA PERMITS
biennial resort
122.28(e)(3)
270.30(k)(9)
Januar/ 23, L983 - Paae 2 of 2
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OSWER DIRECTIVE #9541.00-7
The following page replaces page 1 of
Revision Checklist 6
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OSWER DIRECTIVE #9541.00-7
RCRA REVISION CHECKLIST 6
Permit Rules: Settlement Agreement
49 FR 17718-17719
Aoril 24, 1984
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE | REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
PART 270 - PERMITTING REQUIREMENTS
SUBPART G - INTERIM STATUS
QUALIFYING FOR INTERIM STATUS
failure to oualifv J270.70(b)
April 24, 1984 - Page 1 of 1
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OSWER DIRECTIVE #9541.00-7
The following page replaces page 6 of
Revision Checklist 13
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OSWER DIRECTIVE #9541.00-7
RCRA REVISION CHECKLIST: Definition-of Solid Waste (cont'd)
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY •
STATUTE 1 REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
STANDARDS APPLICABLE TO MARKETERS OF HAZARDOUS WASTE FUELS
reouirements/orohibition
266.34
STANDARDS APPLICABLE TO BURNERS OF HAZARDOUS WASTE FUELS
burners
that
store
266
.35(c)
CONDITIONAL EXEMPTION FOR SPENT MATERIALS AND BY-PRODUCTS EXHIBITING A CHARACTERISTIC
OF HAZARDOUS WASTE
(1) exemotion
266.36
SUBPART F - RECYCLABLE MATERIALS UTILIZED FOR
PRECIOUS METAL RECOVERY
APPLICABILITY AND REQUIREMENTS
orecious metal relairoers
subject to reouirements
storaae of recyled
materials
accumulated
soeculativelv
266.70(a)
266.70(b)
266.70(c)
266.70(d)
1
1
SUBPART G - SPENT LEAD-ACID BATTERIES BEING RECLAIMED
APPLICABILITY AND REQUIREMENTS
persons who reclaim
(3) batteries
(2) storage
(3) before reclamation
266.80(a)
266.80(b)
(1) States are not required to incorporate this section into their code as it was
removed by 50 FR 49164 (November 29, 1985). This change is addressed by
Revision Checklist 19.
(2) Also see technical correction to the rule at 50 FR 14216 (April 11, 1985).
(3) Also see technical correction to the rule at 50 FR 33542 (August 20, 1985).
January 4, 1985 •=. Page 6 of 6
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OSWEP DIRECTIVE #9541.00-7
The following two pages should replace pages 1 and 2
of Revision Checklist 20
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OSWER DIRECTIVE #9541.00-7
RCRA REVISION CHECKLIST 20
Listing of Spent Solvents
50 FR 53315-20
December 31, 1985
FEDERAL REQUIREMENT I RCRA CITE I STATE AUTHORITY I IF DIFFERENT FROM FEDERAL
j [STATUTE I REGULATION! REQUIREMENT, EXPLAIN
PART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
SUBPART D - LISTS OF HAZARDOUS WASTES
HAZARDOUS WASTE FROM NON-SPECIFIC SOURCES
! | j_
(1) list of "F" wastes 1261-31
§261.31 - Hazardous waste from nonspecific sources
EPA Hazardous Hazardous Waste Hazard
Waste No. Code
F001 The following spent halogenated solvents used in degreasing: (T)
tetrachloroethylene, trichloroethylene, raethylene chloride,
1.1,1-trichloroethane, carbon tetrachloride, and chlorinated
fluorocarbons; all spent solvent mixtures/blends used in
degreasing containing before use, a total of ten percent or
more (by volume) of one or more of the above halogenated
solvents or those solvents listed in F002. F004, -and F005;
and still bottoms from the recovery of these spent solvents
and spent solvent mixtures •
F002 •••-. The following spent halogenated solvents: tetrachloro- (T)
ethylene, methylene chloride, trichloroethylene, 1,1,1-
trichloroethane, chlorobenzene, 1,1,2-trichloro-l,2,2-
trifluoroethane , ortho-dichlorobenzene, and trichlorofluoro-
methane, all spent solvent mixtures/blends containing, before
use, a total of ten percent or more (by volume) of one or
more of the above halogenated solvents or those solvents
listed in F001, F004, and F005 and still bottoms from the
recovery of these spent solvents and spent solvent mixtures.
F003 The following spent non-halogenated solvents: xylene, ace- (I)**
tone, ethyl acetate, ethyl benzene, ethyl ether, methyl
isobutyl ketone, n-butyl alcohol, cyclohexanone, and
raethanol; all spent solvent mixtures/blends containing,
before use, only the above spent non-halogenated solvents and
all spent solvent mixtures/blends containing, before use,
(1) See also technical corrections at 51 FR 2702 (January 21, 1986).
** (I.T) should be used to specify mixtures containing ignitable and toxic
constituents.
December 31, 1985 - Page 1 of 2
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QSWER DIRECTIVE #9541.00-7
RCRA REVISION CHECKLIST: Listing of Spent Solvents (cont'd)
FEDERAL REQUIREMENT I RCRA CITE I STATE AUTHORITY IF DIFFERENT F
__ j ___ [STATUTE I REGULATION! REQUIREMENT. EXPLAIN
F003- .(con* t) • • -one or more of the above non-halogenated solvents, and, a. (I)*-
total of ten percent or more (by volume) of one or raore
of those solvents listed in F001, F002, F004 . and F005;
and still bottoms from the recovery of these spent solvents
and spent solvent mixtures •
F004 ........... The following spent non-halogenated solvents: cresols and cresylic (T)
acid, and nitrobenzene; all spent solvent mixtures/blends contain-
ing, before use, a total of ten percent or more (by volume) of
one or more of the above non-halogenated solvents or those
solvents listed in F001, F002, and F005 ; and still bottoms from
the recovery of these spent solvents and spent solvents mixtures.
F005 ............ The following spent non-halogenated solvents: toluene, methyl (I.T)
ethyl ketone, carbon disulfide, isobutanol, and pyridine; all
spent solvent mixtures /blends containing, before use, a total
of ten percent or more (by volume) of one or more of the above
non-halogenated solvents or those solvents listed in F001,
F002, and F004, and still bottoms from the recovery of these
spent solvents and spent solvent mixtures.
December 31, 1985 - Page 2 of 2
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OSWER DIRECTIVE #9541.00-7
The following two pages replace pages 1 and 2
of Revision Checklist 22
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OSWER DIRECTIVE #9541.00-7
RCRA REVISION CHECKLIST 22
Listing of Four Spent Solvents
51 FR 6541-6542
February 25, 1986
FEDERAL REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE | REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT. EXPLAIN
PART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
SUBPART 0 - LISTS OF HAZARDOUS WASTES
WASTES FROM NON-SPECIFIC SOURCES
list
of
"F~
wastes
261
.31
§261.31 - Hazardous waste from non-specific sources
EPA Hazardous
Waste No•
Hazardous Waste
Hazard
Code
F002,
F005
.The following spent halogenated solvents: tetrachloroethylene, (T)
methylene chloride., trichloroethylene 1,1.1-trichloroethane,
chlorobenzene, 1,1,2-trichloro-l,2.2-trifluoroethane, ortho-
dichlorobenzene, trichlorofluoromethane, and 1,1.. 2-trichloro-
ethane; all spent solvent mixtures/blends containing, before
use, a total of ten percent or more (by volume) of one or more
of the above halogenated solvents or those listed in F001, F004,
or F005; and sill bottoms from the recovery of these spent
solvents and spent solvent mixtures.
•The following spent non-halogenated solvents: toluene, methyl (IT)
ethyl ketone, carbon disulfide, isobutanol, pyridine, benzene,
2-nitropropane; all spent solvent mixtures/blends containing,
before use, a total of' ten percent or more (by volume) of one
or more of the above non-halogenated solvents or those solvents
listed in F001, F002, or F004; and still bottoms from the
recovery of these spent solvents and spent solvent mixtures.
DISCARDED COMMERCIAL CHEMICAL PRODUCTS, ETC-
toxic "U"
waste
261..33(f)
§261.33(f)
EPA Hazardous
Waste No.
Substance
(add the following compounds in alphabetical order)
U359 2-Ethoxyethanol
U359 Sthylene glycol monoethyl ether
February 25, 1986 - Page 1 of 2
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OSWER DIFECTIVE $9541,00-7
RCRA REVISION CHECJ&IST: Listing of Four Spent Solvents (Cont'd)
FEDERAL
REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE
REGULATION
IF DIFFERENT
REQUIREMENT.
FROM FEDERAL
EXPLAIN
EPA Hazardous
Waste No.
SubstanceCcon*t)
(change both entries for Hazardous Waste Mo. U171)
from "2-Nitropropane (I)" to "2-Nitropropane (I,T)"; and
from "Propane, 2-nitro- (I)" to "Propane, 2-nitro- (I,T)
Table 1
APPENDIX III to Part 261
add constituents
to Table 1
Appendix III
Compound
Method Numbers
2-Ethoxyethanol.
2-Nitropropane•
.8030,3240
.3030,8240
APPENDIX VII TO PART 261
hazardous constituents
Appendix VII
Appendix VII
EPA Hazardous
Waste No.
Hazardous constituents for which listed
F002 Tetrachloroethylene, tnethylene chloride, trichlocoethylene,
1,1,1-trichloroethane , 1.1,2-trichloroethane, chlorobenzene,
1, l,2-trichloro-l,2 , 2-crlfluoroethane, ortlio-dichlorobenzene,
trichlorofluororaethane .
F005-. Toluene, methyl ethyl ketone, carbon disulfide, Lsobutanol,
pyridinft, 2-ethoxyethanol, benzene, 2-nitropropane.
APPENDIX VIII TO PART 261-
2 new constituents
AppendixVIII
Ethylene glycol monoethyl ether (Ethanol, 2-ethoxy)
2-Nitropropane (Propane, 2-nitro)
February 25, 1986 - Page 2 of 2
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OSWER DIRECTIVE #9541.00-7
The following pages replace pages 5 through 9 of
Revision Checklist 24
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OSWER DIRECTIVE £9541.00-7
RCRA REVISION CHECKLIST: Settlement Agreement (con't)
FEDERAL
REQUIBEMENT
RCRA CITE
STATS AUTHORITY
STATUTE
REGULATION
IF DIFFERENT
REQUIREMENT,
FROM FEDERAL
EXPLAIN
LIABILITY REQUIREMENTS
period of coverage
264.147(e)
WORDING OF INSTRUMENT
financial Guarantee bond
closure cost estijnates
under 40 CFR 144.62;
includes UIC costs
closure cost estimates
under 40 CFR 144.62;
includes UIC costs
264.15Kb)
264.151(f)
(5)
264.151(g)
(5)
PART 265 - FACILITY INTERIM STATUS REQUIREMENTS
SUBPART G - CLOSURE AND POST-CLOSURE
APPLICABILITY
manaaement facilities
disoosal facilities
265.110(a)
265. 110 (b)
CLOSURE PERFORMANCE STANDARD
minimize maintenance
controls, minimizes,
eliminates escaoe
complies with closure
requirements
265.111(a)
265.111(b)
265. Ill (c)
CLOSURE PLAN; AMENDMENT OF PLAN
written olan
content of olan
h.w. management unit
to be closed
final closures and max-
imum extent of facility
maximum inventory
remove or decontaminate
all residues/eouioment
other activities to
assure closure
265.112(a)
265. 112 (b)
265.112(b)
(1)
265.112(b)
(2)
265.112(b)
(3)
265.112(b)
(4)
265.112(b)
(5)
May 2, 1986 - Page 5 of 9
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OSWER DIRECTIVE #9541.00-7
RCRA REVISION CHECKLIST: Settlement Agreement (con'c)
MLDJL8AL JUJ^ULKtWlNr
schedule of closure
estimate year of final
closure
amendment of olan
notification of partial
and final closure
t ranove wastes, decontam-
inate and dismantle
KUi
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OSWER DIPECTIV?: #9541.00-7
RCRA REVISION CHECKLIST: Settlement Agreement (con't)
FEDERAL REQUIREMENT
o/o co submit plan
180 davs before closure
approval of plan
modification of clan
RCRA CITE
265.118(e)
265. m(f)
265. 118 (a)
STATE AUTHORITY
STATUTE 1 REGULATION
I? DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
record of type, location
and Quantity of waste
requirement to enter
note on deed
conditions for removal
of notation
265.119(a)
265.119(b)
265. 119 (c)
CERTIFICATION OF COMPLETION OF POST-CLOSURE CARE
completion of post-
closure oeriod
265.120
SUBPART H - FINANCIAL REQUIREMENTS
APPLICABILITY
all h.w.
facilities
265. 140 (a)
DEFINITIONS OF TERMS AS USED IN THIS SUBPART
current plugging and .a-
bandonment cost estimate
265.141(f)
COST ESTIMATE FOR CLOSURE
o/o -must have written
cost estimate
adjust closure cost
estimate for inflation
closure- olan chanaes
265.142(3)
265.142(b)
265.142(c)
FINANCIAL ASSURANCE FOR CLOSURE
reimbursement for
closure activities
standby trust fund equal
to oenal sum
after final 3008 deter-
mination RA may draw on
credit
o/o may request
reimbursements
net capital and worth
3t six tijnes
90% of assets in U.S.
265.143(3)
(10)
265.143(b)
(4)(ii)
265.143(c)
(8)
265.143(d)
(5)
265.143(e)
(l)(i)(B)
265.143(e)
(l)(i)(D)
May 2, 1986 - Page 7 of 9
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OSWER DIRECTIVE #9541.00-7
RCRA REVISION CHECKLIST: Settlement Agreement (con't)
FEDERAL REQUIREMENT
net worth at 6 times
sum of cost estimate
90% of assets in U.S.
phrases of cost esti-
mates including plugging
and abandonment
release of o/o from
reauirements
RCRA CITE
265.143(e)
(l)(ii)(3)
265.143(e)
(D(iiHD)
265.143(e)
(2)
255.143(h)
STATS AUTHORITY
STATUTE | REGULATION
IF DIFFERENT FROM FEDERAL
REQUIREMENT, EXPLAIN
COST ESTIMATE FOR POST-CLOSURE CARE
o/o must have written
cost estimate
adiust for inflation
post-closure plan
chances
265.144(a)
265.144(b)
265. 144 (c)
FINANCIAL ASSURANCE FOR POST-CLOSURE CARE
introductory text
o/o may request
reimbursement
standby trust fund
eoual to oenal sum
after final 3008 deter-
mination RA may draw on
credit
o/o may request
reimbursement
net capital and worth
at six times
90% of assets in U.S.
net worth at 6 times
sum of cost estimates
90% of assets in U.S.
phrases for cost esti-
mates including plugging
and abandonment
release of o/o from
ceouirements
265.145
265.145(3)
(11)
265.145(b)
(4)(ii)
265.145(0
(9)
265.145(0)
(5)
265. 145 (e)
(IHiHB)
265. 145 (e)
(l)(i) (D)
265. 145 (e)
(l)(ii) (B)
265.145(e)
(IMiiHD)
265.145(e)
(2)
265.145(h)
LIABILITY REQUIREMENTS
oeriod
of
coveraae
265.
147(9)
May 2, 1986 - Page 8 of 9
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OSWER DIRECTIVE #9541.00-7
RCRA REVISION CHECKLIST: Settlement Agreement (con't)
FEDERAL
REQUIREMENT
RCRA CITE
STATE AUTHORITY
STATUTE
REGULATION
IF DIFFERENT
REQUIREMENT,
FROM FEDERAL
EXPLAIN
PART 270 - PERMITTING REQUIREMENTS
SUBPART B - PERMIT APPLICATION
CONTENTS OF PART B APPLICATIONS: GENERAL REQUIREMENTS
documentation that
notices are filed
cost estimates and
financial assurance
post-closure cost
estimates and
financial assurance
270. 14 (b)
(14)
270. 14 (b)
(15)
270. 14 (b)
(16)
SUBPART D - CHANGE TO PERMIT
MINOR MODIFICATIONS OF PERMITS
changes in ownership
or operational control
270. 42 (d)
SUBPART G - INTERIM STATUS
CHANGES DURING INTERIM STATUS
changes in ownership
or operation control
270 . 72 (d)
May 2, 1986 - Page 9 of 9
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OSWER DIRECTIVE #9541.00-7
The following page replaces page 1 of
Revision Checklist 26
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OSWER DIRECTIVE #9541.00-7
RCRA REVISION CHECKLIST 26
Listing of Spent Pickle Liquor (K062)
51 ER 19320
May 28, 1986, as amended September 22, 1986 (51 FR 33612)
FEDERAL REQUIREMENT.
RCRA CITE
STATE AUTHORITY
5MATUT£
REGULATION
If DIFFERENT
REQUIREMENT,
FROM FEDERAL
EXPLAIN
ffiRT 261 - IDENTIFICATION AND LISTING OF HAZARDOUS
SUBPART D - LISTS OF HAZARDOUS
HAZARDOUS WASTE FROM SPECIFIC SCCRCES
list
of
"K"
wastes
261
.32
(1) §261.32 - Hazardous waste from specific sources
Industry and EPA
Hazardous Waste No:
Hazardous Waste
Hazard Code
Iron and Steel: xxx K062.
Spent pickle liquior (CrT)
generated by steel
finishing operations of
facilities within the
iron and steel industry
(SIC Codes 331 and 332).
(1) Note that the August 3, 1987 Federal Register (52 FR 28697) addressing this
listing was a clarification of the September 22, 1986 (51 FR 33612) amendment
to this listing. As such, it does not need a separate checklist.
May 28, 1986, as amended September 22, 1986
Page 1 of 1
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