, " il 

. i

712192 SPA 10 

RCRA REVISION CHECKLIST 81 • Petroleum Refinery Primary and Secondary 

Oil/Water/Solids Separation Sludge Listings (F037 and F038)
 

55 fR 46354-46397
 

November 2, 1990
 

as amended on December 17, 1990, at 55 fR 51707
 

(RCRA Cluster I, HSWA)
 

Following the promulgation of the two rules addressed by this checklist, an interim final rule <56 FR 21955; May 13, 

1991; Revision Checklist 89) revised the definition of wastes subject to the F037 and F038 listings. That rule also 

clarified that, with regard to F038, floats generated in aggressive biological treatment units are not included in 

the listing description ,of that waste stream. Because these changes narrow the scope of the F037 and F038 listings, 

they are considered optional~ States wishing to adopt the optional changes addressed by Revision Checklist 89 are 

strongly encouraged to adopt!'them at the same time the Revision Checklist 81 provisions are adopted. 

STATE ANALOG IS: 

if FEDERAL ANALOGOUS MORE BROADFEDERAL .. RCRA STATE EQUIV­ STRIN­ ER IN 

REQUIREMENT CITATION CITATION ALENT GENT SCOPE 

PART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE WAC 173-303 

• SUBPART D - LISTS OF HAZARDOUS WASTES 

HAZARDOUS WASTES FROM NON-SPECIFIC SOURCES 

1,2 add the waste codes 

IF037" and "F038" to 

list in alphanumeric 

order as shown 

below; redesignate the 

introductory paragraph 

and the table as 

paragraph (a) 261.31(a) 9904 x 

Industry and EPA hazardous Hazard 

waste No. Hazardous.·waste code 

* * * * * * * * 

F037 Petroleum refinery primary oil/water/solids separation sludge--Any sludge (T) 

generated from the gravitational separation of oil/water/solids during the storage or 

treatment of process wastewaters and oily cooling wastewaters from petroleum refineries. 

Such sludges include, but are not limited to, those generated in:' oil/water/solids 

separators; tanks and impoundments; ditches and other conveyances; sumps; and stormwater 

.' units receiving dry weather flow. Sludges generated in stormwater units that dQ not 

receive dry weather flow, sludges generated in aggressive biological treatment units as 

defined in §261.31(b)(2) (including sludges generated in one or more additional units 

November 2, 1990 - Page 1 of 4 
7/2/92 SPA 

RCRAREVISION CHECKLIST 81: Petroleum Refinery
 

Primary and Secondary Oil/Water/Solids
 

Separation Sludge Listings (F037 and F038) (Cont'd)
 

STATE ANALOG IS: 

FEDERAL ANALOGOUS MORE BROADFEDERAL RCRA STATE EQUIV- STRIN- ER IN 

REQUIREMENT CITATION CITATION' ALENT GENT SCOPE 

after wastewaters have been treated in aggressive biological treatment units) and K051 

wastes are not(!inCluded in this listing. 

F038 Petroleum refinery secondary (emulsified) oil/water/solids separation sludge-­ (T) 

Any sludge and/or float generated from the physical and/or chemical separation of 

oil/water/solids in process wastewaters and oily cooling wastewaters from petroleum 

refineries. Such wastes include, but are not limited to, all sludges and floats 

generated in: ,induced ai,r flotation OAF) units, tanks and i~undments, and all sludges 

generated in DAF units. Sludges generated in stonmwater units that do not receive dry 

weather flow, sludges generated in aggressive biological treatment units as defined in, 

§261.31(b)(2) (including sludges generated in one or more additional units after 

wastewaters have been treated in aggressive biological treatment units) and F037, K048, 

and K051 wastes are not included in this listing. 

* * * '* * * * * 

add new paragraph 

entitled "Listing 

Specific Defini ti ons:" 

definition of oil/water/ 

sol ids for the 

261.31(b) 9904 ftnote 2 X () 

purposes of F037 

and F038 listings 261.31CbH 1) 9904 ftnote 2(a) X 

for the purposes of 

F037 and F038, 

aggressive biological 

treatment units 

are defined as units 

which employ 

one of four specified 

treatment methods; 

specific requirements 

for high-rate aeration: 261.31(bH2H 1) 9904 ftnote 2(b)(i) X 

units ~loy a 

'minimum of 6 hp per 

million gallons of 

treatment volume and 

either: 261.31(b)(2)(i)(A) 9904 ftnote 2(b)(i)(i) X 

the hydraulic retention 

time of the unit is no 

longer than 5 days 261.31(b)(2)(i)(B) 9904 ftnote 2(b)(i)(ii) X 

the hydraulic retention 

time is no longer than 

30 days and the unit 

does not generate a 

sludge that is 

November 2, 1990 - Page 2 of 4 
.

,

•

, 7/2192 SPA 10 

RCRA REVISION CHECKLIST 81: Petroleum Refinery 

Primary and Secondary Oil/Water/Solids 

Separation Sludge Listings (F037 a~ F038) (Cont'd) 

STATE ANALOG IS: 

FEDERAL ANALOGOUS MORE BROADFEDERAL RCRA STATE EQUIV- STRIN- ER IN 

REQUIREMENT CITATION CITATION ALENT GENT SCOPE 

hazardous waste by 

the Toxicity 

Characteristic 261.31(b)(2)(i)(C) 9904 ftnote 2(b)(i)(iii)X 

generator~ and 

treatment, storage 

and disposal 

facilities must prove 

their sludges are 

exempt from listing 

as F037 and F038 

wastes; maintenance 

of documents and 

data sufficient 

to prove that: 261.31(b)(2)(ii) 9904 ftnote 2(b)(ii) X 

unit is an aggressive 

biological treatment 

• 2 

unit as defined in 

261.31(b)(2) 

sludges were.actually 

generated in the 

aggressive biological 

261.31(b)(2)(ii)(A) 9904 ftnote 2(b)(ii)(i) X 

treatment unit 261.3Hb)(2H i i H8) 9904 ftnote 2(b)(ii)(ii)X 

sludges are 

considered to be 

generated at the 

moment of deposition 

in the unit 

for the purposes.of 

the F037 listing; 

deposition defined 261.31(b)(3)( i) 9904 ftnote 2(c)(i) X 

for the purposes of 

the F038 listing 261.31(b)(3)(ii) 9904 ftnote 2(c)(ii) X 

sludges. are 

considered to be 

generated at the moment 

of deposition in the unit; 

deposition defined 261.31(b)(3)(ii)(A) 9904 ftnote 2(c)(ii)(A) X 

floats are considered 

to be generated at 

the moment they are 

fonned in the top of 

the unit 261.31(b)(3)(ii)(B) 9904 ftnote 2(c)(ii)(B) X 

• APPENDIX VII TO PART 261 

November 2, 1990 - Page 3 of 4 
7/2192 

, 

SPA 10C~\' RCRAREVISION CHECKLIST 81: Petroleum Refinery 

Primary and Secondary Oil/Water/Solids .J 

Separation Sludge Listings (F037 and F038) CCont'd) 

FEDERAL 

REQUIREMENT 

FEDERAL 

RCRA 

CITATION 

ANALOGOUS 

STATE 

CITATION 

STATE ANALOG IS: 

MORE 

EQUIV- STRINALENT GENT 

BROADER IN 

SCOPE 

BASIS FOR LISTING HAZARDOUS ~ASTE

add the waste codes 

nF037" and'IF038" 

in alphanumeric 

order ,to list as 

shown below: Appendix VII 082(4) x 

APPENDIX VII.--BASIS FOR LISTING 

HAZARDOUS WASTE 

EPA hazardous Hazardous constituents for 

waste No. which listed 

* * * * *. * * * • * * * 

F037 Benzene, benzoCa)pyrene, 

chrysene, lead, chromium. 

F038 Benzene, benzoCa)pyrene chrysene, lead, chromium. 

* * * * * * * * * * * * 

The introductory paragraph and table were originally introduced into the code as 261.31. The final rule for this 

checklist has redesignated the old 261.31 as 261.31(a) and added a new paragraph, 261.31Cb). 

2 See the technical correction to the rule at 55 FR 51707 (December 17, 1990). 

November 2, 1990 - Page 4 of 4