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CRA REVISION CHECKLIST 212

NESHAP: Final Standards for Hazardous Waste Combustors 

(Phase I Final Replacement Standards and Phase II)

70 FR 59402-59579

October 12, 2005

(RCRA Cluster XVI, HSWA/Non-HSWA)

NOTE: EPA does not consider these provisions to be either more or less stringent than the pre-existing federal 

program, since they simply make explicit an authority that has been and remains available under the omnibus 

authority and its implementing regulations. Thus, states with authorized equivalents to the federal omnibus 

authority will not be required to adopt these provisions, so long as they interpret their omnibus authority broadly

enough to require risk assessments where necessary.

Name of State: Washington

State Statutory Authority: Chapter 70.105 RCW

Title of Regulation: Chapter 173-303 WAC Effective Date: July 31, 2009

Date Checklist Completed: May 10, 2010

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

PART 260—HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL

SUBPART B DEFINITIONS

REFERENCES

replace “270” with “268”

260.11(a) 110(1)

The state rule refers 

to the whole chapter 

rather that to specific 

sections. This does 

not affect 

equivalency.

X

remove “270.24, 270.25” from the 

end of the provision

260.11(c)(1) 110(3)(g)(viii) X

PART 264—STANDARDS FOR OWNERS AND OPERATORS

OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES

SUBPART O INCINERATORS

APPLICABILITY
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RCRA REVISION CHECKLIST 212: NESHAP Final Standards for 

Hazardous Waste Combustors (Phase I Final Replacement Standards and Phase II) (cont’d)

Checklist 212

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October 12, 2005 - Page 2 of 13

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

in the first sentence: replace “, 

(b)(3), and (b)(4)” with “through 

(b)(5)”; insert “do not apply to a 

new hazardous waste incineration 

unit that becomes subject to RCRA 

permit requirements after October 

12, 2005; or” before “ no longer 

apply”; insert “of an existing 

hazardous waste incineration unit” 

before “demonstrates compliance”; 

replace “63.1210(b)” with 

“63.1210(d)” 

264.340(b)(1) 670(1)(b(i) X

add new subparagraph (b)(5): The 

particulate matter standard of § 

264.343(c) remains in effect for

incinerators that elect to comply

with the alternative to the articulate 

matter standard of §§ 

63.1206(b)(14) and 63.1219(e) of 

this chapter.

264.340(b)(5) 670(1)(b)(v)

Paragraph added

X

PART 265—INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS 

WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES

SUBPART O INCINERATORS

APPLICABILITY

replace “63.1210(b)” with 

“63.1210(d)”

265.340(b)(1) 400(3)(a) IBR

045(1)

X

PART 266—STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES

AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES

SUBPART H HAZARDOUS WASTE BURNED IN BOILERS AND INDUSTRIAL FURNACES

APPLICABILITY

in the first sentence: after “(b)(2)” 

insert “, (b)(3), and (b)(4)”; after 

“the standards of this part” insert 

“do not apply to a new hazardous 

waste boiler or industrial furnace 

unit that becomes subject to RCRA 

permit requirements after October 

12, 2005; or”; replace “affected 

source” with “an owner or operator 

of an existing hazardous waste 

boiler or industrial furnace unit”; 

replace “63.1210(b)” with 

“63.1210(d)”

266.100(b)(1) 400(3)(a) IBR

045(1)

X
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Hazardous Waste Combustors (Phase I Final Replacement Standards and Phase II) (cont’d)

Checklist 212

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October 12, 2005 - Page 3 of 13

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

add new introductory subparagraph 

266.100(b)(3): if you own or 

operate a boiler or hydrochloric 

acid production furnace that is an 

area source under § 63.2 of this 

chapter and you elect not to comply

with the emission standards under

§§ 63.1216, 63.1217, and 63.1218 

of this chapter for particulate

matter, semivolatile and low

volatile metals, and total chlorine, 

you also remain subject to:

266.100(b)(3) 

introductory

paragraph

400(3)(a) IBR

045(1)

X

section 266.105—Standards to

control particulate matter;

266.100(b)(3)(i) 400(3)(a) IBR

045(1)

X

section 266.106—Standards to

control metals emissions, except for

mercury; and

266.100(b)(3)(ii) 400(3)(a) IBR

045(1)

X

1 section 266.107—Standards to

control hydrogen chloride and

chlorine gas.

266.100(b)(3)(ii), 

second provision

400(3)(a) IBR

045(1)

X

add new subparagraph 

266.100(b)(4); the particulate 

matter standard of § 266.105 

remains in effect for boilers that

elect to comply with the alternative

to the particulate matter standard 

under §§ 63.1216(e) and

63.1217(e) of this chapter.

266.100(b)(4) 400(3)(a) IBR

045(1)

X

PART 270—EPA ADMINISTERED PERMIT PROGRAMS:

THE HAZARDOUS WASTE PERMIT PROGRAM

SUBPART A GENERAL INFORMATION

REFERENCES

2 completely revise: incorporation by

reference of publications used in 

part 270 approved by Director of 

the Federal Register; availability of 

materials 

270.6(a) 110(1) X
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Hazardous Waste Combustors (Phase I Final Replacement Standards and Phase II) (cont’d)

Checklist 212

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October 12, 2005 - Page 4 of 13

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

add new introductory subparagraph 

270.6(b); the following materials 

are available for purchase from the 

National Technical Information 

Service (NTIS), 5285 Port Royal 

Road, Springfield, VA 22161, 

(703) 605–6000 or (800) 553–

6847; or for purchase from the

Superintendent of Documents, U.S.

Government Printing Office,

Washington, DC 20402, (202) 

512–1800:

270.6(b) 

introductory

paragraph

110(3) X

add new subparagraph 270.6(b)(1); 

‘‘APTI Course 415: Control of

Gaseous Emissions,’’ EPA 

Publication EPA–450/2–81–005, 

December 1981, IBR approved for 

§§ 270.24 and 270.25.

270.6(b)(1) 110(3)(g)(viii) X

add reserved subparagraph 

270.6(b)(2)

270.6(b)(2)

[Reserved]

No state analog. 

SUBPART B PERMIT APPLICATION

GENERAL APPLICATION REQUIREMENTS

add new paragraph (l); based on

one or more of the factors listed in

paragraph (l)(1) that compliance 

with 40 CFR part 63, EEE alone 

may not be protective of human 

health or the environment, the 

Director shall require the additional 

information or assessment(s) to 

determine whether additional 

controls are necessary to ensure 

protection of human health and the 

environment. This includes 

information necessary to evaluate 

the potential risk resulting from 

both direct and indirect exposure

pathways. 

270.10(l) 

introductory

paragraph

806(17) X
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RCRA REVISION CHECKLIST 212: NESHAP Final Standards for 

Hazardous Waste Combustors (Phase I Final Replacement Standards and Phase II) (cont’d)

Checklist 212

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October 12, 2005 - Page 5 of 13

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

the Director shall base the

evaluation on factors relevant to the 

potential risk from a hazardous

waste combustion unit, including, 

as appropriate, any of the following

factors:

270.10(l)(1) 806(17)(a) X

site-specific considerations such as 

proximity to receptors (such as 

schools, hospitals, or other

potentially sensitive receptors), 

unique dispersion patterns, etc.;

270.10(l)(1)(i) 806(17)(a)(i) X

identities and quantities of

emissions of persistent, 

bioaccumulative or toxic pollutants 

considering enforceable controls in 

place to limit those pollutants;

270.10(l)(1)(ii) 806(17)(a)(ii) X

identities and quantities of

nondioxin products of incomplete

combustion most likely to be 

emitted and to pose significant risk;

270.10(l)(1)(iii) 806(17)(a)(iii) X

identities and quantities of other

off-site sources of pollutants that

significantly influence 

interpretation of a facility-specific 

risk assessment;

270.10(l)(1)(iv) 806(17)(a)(iv) X

ecological considerations, such as 

the proximity of a particularly

sensitive ecological area;

270.10(l)(1)(v) 806(17)(a)(v) X

volume and types of wastes, for

example wastes containing highly

toxic constituents;

270.10(l)(1)(vi) 806(17)(a)(vi) X

other on-site sources of hazardous 

air pollutants that significantly

influence interpretation of the risk 

posed by operation of the source;

270.10(l)(1)(vii) 806(17)(a)(vii) X

adequacy of previously conducted 

risk assessment, given subsequent 

changes in conditions likely to 

affect risk; and

270.10(l)(1)(viii) 806(17)(a)(viii) X

other factors as appropriate. 270.10(l)(1)(ix) 806(17)(a)(ix) X

add reserved subparagraph 

270.10(l)(2)

270.10(l)(2)

[reserved]

806(17)(b) X

SPECIFIC PART B INFORMATION REQUIREMENTS FOR INCINERATORS.
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Checklist 212

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October 12, 2005 - Page 6 of 13

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

after the first occurrence of the 

phrase “When an owner or 

operator”, insert “of a hazardous 

waste incineration unit becomes 

subject to RCRA permit

requirements after October 12, 

2005, or when an owner or operator 

of an existing hazardous waste 

incineration unit”; replace 

“63.1210(b)” with “63.1210(d)”; 

replace “and 270.32(b)(2)” with 

“270.10(l), 270.32(b)(2), and 

270.32(b)(3)”

270.19(e) 806(4)(f)(v) X

SPECIFIC PART B INFORMATION REQUIREMENTS FOR BOILERS AND INDUSTRIAL FURNACES 

BURNING HAZARDOUS WASTE.

in the first sentence, after “cement” 

replace “or” with “kiln,”, insert 

“solid fuel boiler...production 

furnace” before “demonstrates”; 

replace “63.1210(b)” with 

“63.1210(d)”, insert a period (.) 

after “do not apply”; replace “, 

except those provisions ... 

determines” with “The 

requirements ... certain provisions” 

before “are necessary”; After 

“malfunction events” remove the 

period (.) and replace 

“Nevertheless, the Director ... 

section,” with “: or if you 

are...certain provisions apply,”; at 

the end of the provision after 

“§§270.10(k)” replace “and 

270.32(b)(2)” with “270.10(l), 

270.32(b)(2), and 270.32(b)(3)”

270.22 introductory

paragraph

806(4)(n)

EPA is 

implementing the 

BIF requirements in 

WA State under 

EPA’s HSWA 

authority. Note: the 

state will update this 

citation to include 

these federal changes 

during the next rule 

amendment cycle. 

SPECIFIC PART B INFORMATION REQUIREMENTS FOR PROCESS VENTS.
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Checklist 212

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October 12, 2005 - Page 7 of 13

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

replace “260.11” with “270.6”; 

remove “design” after “basic 

control device”

270.24(d)(3) 806(4) (j)(iv)(C)

Also changed “will” 

to “must”. By

oversight “design” 

was not removed. 

The intended 

meaning is not 

affected.

X

SPECIFIC PART B INFORMATION REQUIREMENTS FOR EQUIPMENT.

replace “260.11” with “270.6”; 

remove “design” after “basic 

control device”

270.25(e)(3) 806(4) (k)(v)(C)

Also Corrected title 

from “equipment 

leaks” to 

“equipment” and 

“will” to must”. By

oversight “design”

was not removed. 

The intended 

meaning is not 

affected.

X

SUBPART C PERMIT CONDITIONS

ESTABLISHING PERMIT CONDITIONS.
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Hazardous Waste Combustors (Phase I Final Replacement Standards and Phase II) (cont’d)

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October 12, 2005 - Page 8 of 13

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

add new subparagraph (b)(3); if the 

administrator or Director 

determines that conditions in 

addition to those required under 40 

CFR parts 63, subpart EEE, 264 or 

266 are necessary, he shall include 

those terms and conditions in a 

RCRA permit for a hazardous 

waste combustion unit.

270.32(b)(3) 815(2)(b)(iii)

EPA implements the 

BIF requirements in 

WA State under 

EPA’s HSWA 

authority. Note that 

the federal 

requirement includes 

a reference to BIF 

rules in Part 266. 

The state citation 

does not directly

reference Part 266 

Subpart H, instead it 

cites WAC section 

510, which directs 

readers to Part 266, 

Subpart H. Section 

510 also incorporates 

by reference selected 

parts of Subpart H.

X

SUBPART D CHANGES TO PERMITS

PERMIT MODIFICATION AT THE REQUEST OF THE PERMITTEE.

replace “Part 63 Revised” with 

“part 63 §§63.1200-63.1499 

revised” after “See 40 CFR”; insert 

at the end of provision “for the 

purpose...40 CFR 63.1203, 

63.1204, and 63.1205.” 

270.42(j)(1) 830(4)(j)(i) X

redesignate existing subparagraph 

(j)(2) as (j)(3); add new 

subparagraph (j)(2); owners or 

operators must comply with the 

Notification of Intent to

Comply requirements before

requesting permit modification 

under this section for technology

changes to meet the 40 CFR 

63.1215, 63.1216, 63.1217,

63.1218, 63.1219, 63.1220, and 

63.1221 standards promulgated on 

October 12, 2005.

270.42(j)(2) 830(4)(j)(ii) X
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October 12, 2005 - Page 9 of 13

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

redesignate existing subparagraph 

(j)(2) as (j)(3)

270.42(j)(3) 830(4)(j)(iii) X

add new subparagraph (k); you may

request to have specific RCRA 

operating and emissions limits 

waived by submitting a Class 1 

permit modification request under 

Appendix I of this section, section 

L(10). You must:

270.42(k)(1) 

introductory

paragraph

830(4)(k) and 

830(4)(k)(i)

The introduction to 

state rule also notes 

that applicants must 

obtain an air permit 

from ecology or local 

air authority.

X

identify the specific RCRA permit

operating and emissions limits 

which you are requesting to waive;

270.42(k)(1)(i) 830(4)(k)(i)(A) X

explain why changes are necessary

to minimize or eliminate conflicts 

between the RCRA permit and 

MACT compliance; and

270.42(k)(1)(ii) 830(4)(k)(i)(B) X

discuss how the revised provisions 

will be sufficiently protective.

270.42(k)(1)(iii) 830(4)(k)(i)(C) X

director shall approve or deny

request within 30 days of receipt. 

Director may extend this 30 day

deadline one time for up to 30 days

by notifying the owner or operator.

270.42(k)(1)(iv) 830(4)(k)(i)(D) X

to request modification in

conjunction with MACT 

performance testing where permit 

limits may only be waived during 

actual test events and pretesting for 

an aggregate time not to exceed 

720 hours of operation you must:

270.42(k)(2) 

introductory

paragraph

830(4)(k)(ii) X

submit modification request to the 

Director when you submit your test 

plans to the Administrator; and

270.42(k)(2)(i) 830(4)(k)(ii)(A) X

the Director may elect to approve

or deny the request continent upon

approval of the test plans.

270.42(k)(2)(ii) 830(4)(k)(ii)(B) X

3 add entry 10 in the table under 

section L as shown below:

270.42, Appendix I 830 Appendix L 10 X

Appendix I to § 270.42—Classification of Permit Modification
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Checklist 212

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October 12, 2005 - Page 10 of 13

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

Modifications Class

* * * * * * *

L. * * * ................................................................................................................................

10. Changes to RCRA permit provisions needed to support transition to 40 CFR part 63 (Subpart EEE—National Emission Standards for 

Hazardous Air Pollutants From Hazardous Waste Combustors), provided the procedures of § 270.42(k) are followed..

* * * * * * *

1 Class 1 modifications requiring prior Agency approval.

SUBPART F SPECIAL FORMS OF PERMITS

HAZARDOUS WASTE INCINERATOR PERMITS.

after the first occurrence of the 

phrase “When an owner or 

operator” insert “of a hazardous 

waste incineration unit becomes 

subject to RCRA permit

requirements after October 12, 

2005, or when an owner or operator 

of an existing hazardous waste 

incineration unit”; replace 

“63.1210(b)” with “63.1210(d)”; at 

the end of the provision after 

“§§270.10(k)” replace “and 

270.32(b)(2)” with “270.10(l), 

270.32(b)(2), and 270.32(b)(3)”

270.62 introductory

paragraph

807 introductory text X

PERMITS FOR BOILERS AND INDUSTRIAL FURNACES BURNING HAZARDOUS WASTE.
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RCRA REVISION CHECKLIST 212: NESHAP Final Standards for 

Hazardous Waste Combustors (Phase I Final Replacement Standards and Phase II) (cont’d)

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October 12, 2005 - Page 11 of 13

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

in the first sentence, after “cement” 

replace “or” with “kiln,”, insert 

“solid fuel boiler...production 

furnace” before “demonstrates”; 

replace “63.1210(b)” with 

“63.1210(d)”, insert a period (.) 

after “do not apply”; replace “, 

except those provisions ... 

determines” with “The 

requirements ... certain provisions” 

before “are necessary”; After 

“malfunction events” remove the 

period (.) and replace 

“Nevertheless, the Director ... 

section,” with “: or if you 

are...certain provisions apply,”; at 

the end of the provision after 

“§§270.10(k)” replace “and 

270.32(b)(2)” with “270.10(l), 

270.32(b)(2), and 270.32(b)(3)”

270.66 introductory

paragraph

811 IBR

045(1) IBR

Section 811 was not 

changed to include 

new categories of 

solid fuel boiler, 

liquid fuel boiler, or 

hydrochloric acid 

production furnace. 

Section 811 will need 

to be revised in the 

future to include 

these categories.

SUBPART I INTEGRATION WITH MAXIMUM ACHIEVABLE

CONTROL TECHNOLOGY (MACT) STANDARDS

4 OPTIONS FOR INCINERATORS, CEMENT KILNS, LIGHTWEIGHT AGGREGATE KILNS, SOLID FUEL

BOILERS, LIQUID FUEL BOILERS AND HYDROCHLORIC ACID PRODUCTION FURNACES TO 

MINIMIZE EMISSIONS FROM STARTUP, SHUTDOWN, AND MALFUNCTION EVENTS.

remove “or” before “lightweight 

aggregate kiln”; prior to the phrase 

“may request” insert “, solid fuel 

boiler, liquid fuel boiler, or 

hydrochloric acid production 

furnace”

270.235(a)(1) 

introductory

paragraph

841 IBR

045(1) 

Section 841 was not 

changed to include 

new categories of 

solid fuel boiler, 

liquid fuel boiler, or 

hydrochloric acid 

production furnace. 

This section will be 

revised in the future 

to include these 

categories. 
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RCRA REVISION CHECKLIST 212: NESHAP Final Standards for 

Hazardous Waste Combustors (Phase I Final Replacement Standards and Phase II) (cont’d)

Checklist 212

[Printed: 6/21/10]

October 12, 2005 - Page 12 of 13

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATE CITATION

STATE ANALOG IS:

EQUIVALENT

LESS

STRINGENT

MORE 

STRINGENT

BROADER 

IN SCOPE

remove “or” before “lightweight 

aggregate kiln”; prior to the phrase 

“that has conducted”, insert “, solid 

fuel boiler, liquid fuel boiler, or 

hydrochloric acid production 

furnace”

270.235(a)(2) 

introductory

paragraph

841 IBR

045(1)

remove “or” before “lightweight 

aggregate kiln”; prior to the phrase 

“that is operating”, insert “, solid 

fuel boiler, liquid fuel boiler, or 

hydrochloric acid production 

furnace”

270.235(b)(1) 

introductory

paragraph

841 IBR

045(1)

remove “or” before “lightweight 

aggregate kiln”; prior to the phrase 

“that is operating”, insert “, solid 

fuel boiler, liquid fuel boiler, or 

hydrochloric acid production 

furnace”

270.235(b)(2) 

introductory

paragraph

841 IBR

045(1)

add new introductory paragraph (c);

new units that become subject to 

RCRA permit requirements after 

October 12, 2005 must control

emissions of toxic compounds 

during startup, shutdown, and 

malfunction events under either of 

the following options:

270.235(c) 

introductory

paragraph 

841 IBR

045(1)

comply with the requirements

specified in § 63.1206(c)(2) of this

chapter; or

270.235(c)(1) 841 IBR

045(1)

request to include in the RCRA

Permit, conditions that ensure

emissions are minimized from 

startup, shutdown, and malfunction 

events based on review of 

information

270.235(c)(2) 841 IBR

045(1)

 

1 There is a typographical error in the final rule addressed by Revision Checklist 212. The rule introduces a new 40 CFR 

266.100(b)(3) with three subparagraphs; however, the second and third subparagraphs are both designated as 

266.100(b)(3)(ii).. The third subparagraph addressing Section 266.107 should be designated 266.100(b)(3)(iii). This error 

is also found in the July 1, 2006 CFR. 

2 The final rule addressed by Revision Checklist 212 revised 40 CFR 270.6(a) by incorporating some of the text previously 

found at 270.6(b) and adding new subparagraphs at 270.6(b). 

3 There is a typographical error in the Federal Register for Revision Checklist 212 (70 FR 59402; October 12, 2005). In the 
SPA 27

RCRA REVISION CHECKLIST 212: NESHAP Final Standards for 

Hazardous Waste Combustors (Phase I Final Replacement Standards and Phase II) (cont’d)

Checklist 212

[Printed: 6/21/10]

October 12, 2005 - Page 13 of 13

 

new entry for section L.10 of § 270.42, Appendix I, there should not be two periods (.) at the end of the entry.

4 The final rule addressed by Revision Checklist 212 revises the section heading from “Options for incinerators and cement

and lightweight aggregate kilns to minimize emissions from startup, shutdown, and malfunction events” to “Options for 

incinerators, cement kilns, lightweight aggregate kilns, solid fuel boilers, liquid fuel boilers and hydrochloric acid 

production furnaces to minimize emissions from startup, shutdown, and malfunction events”.