# •

•

• DRAFT SPA 20
SPECIAL CONSOLIDATED CHECKLIST for the Recycled Used Oil Management Standards as ofJune 30, 1999 Notes: 1) This checklistconsolidates the changes to Federal code addressed by the following Recycled Used Oil Management Standards (RUO) checklists:
Revision Checklist 112 [57 FR 41566 (September 10, 1992)]; Revision Checklist 122 [58 FR 26420 (May 3, 1993} and 58 FR 33341 (June 17,1993)]; Revision Checklist 130 [59 FR 10550 (March 4, 1994)]; and Revision Checklist 166 [63 FR 24963 (May 6, 1998),63 FR 37780 (July 14, 1998)].
No final rules were promulgatedbetween June 30, 1998 and June 30, 1999 that affected the Recycled Used Oil Management Standards rule. Therefore, this consolidated checklist is identical to that ofJune 30, 1998.
The RUO "ChecklistReference" column indicates which ofthese checklists has affected each listed citation. Subsequent to promulgation ofthe first RUO rule (i.e., the rule addressed by Revision Checklist 112), checklists other than the RUO checklists have also affected certain sections ofcode addressed by the RUO checklists. The effects of these subsequentchecklists are indicated in footnotes.
No final rules were promulgatedbetween June 30, 1994 and May6, 1999 that affected this consolidated checklist except the October 30, 1995 final rule (60 FR 55202). Thatrule issued an administrative stay ofthe regulatory provisions set forth in 40 CFR 279.1O(b)(2) applicable to mixtures ofused oil and characteristic hazardous waste. The stay reinstated for these mixtures, the regulatory requirements ordinarily applicable to mixtures containing hazardous waste along with other applicableregulatory requirements including butnot limited to the 40 CFR part 268 land disposal restrictions, until EPA completes a new rulemaking addressing 40 CFR 279.10(b)(2). On January 19, 1996, this administrative stay was vacated by the U.S. Court ofAppeals for the Districtof Columbia. Otherlitigation is pending relative to this administrative stay. As such, EPA published a fmal rule on June 28, 1996 (61 FR 33691) that clarified the regulatory status ofthe mixtures ofused oil and characteristic hazardous wastes in light of thejudicial vacatur. Therefore, the October 30, 1995 rule is notincluded on this special consolidated checklist. 2) The preamble to the September 10, 1992 rule (57 FR 41566; Revision Checklist 112) indicated that none of the provisions of that rule were being promulgated pursuant to HSWA. Therefore, the Part 279 regulations would not be enforceable in an authorized State until the State had received authorization for Revision Checklist 112. After publication of the September 10, 1992 rule, EPArealized that its position, making all provisions ofthat rule nonHSWA, was arguably inconsistent with statements made 

### in the preamble ofthe November 29, 1985 rule (50 FR 49201; Revision Checklist 19) which promulgated Part 266, SubpartE. Those provisions were issuedunder HSWA authority and are recodified in certain portions ofPart 279 (specifically, 279.10, 279.11 and portions of 279.1 and Subparts G and H ofPart 279) by the September 10, 1992 rule. In the May 3, 1993 rule (58 FR 26420; Revision Checklist 122), EPA thus redesignated these provisions in Part 279 as HSWA because they were originally promulgated under these authorities. These provisions will continue to be enforced by EPA until a State becomes authorized for them. States already authorized for the Part 266, SubpartE provisions will continue to enforce these provisions until the State becomes authorized for Part 279. Forthis checklist, the HSWA provisions are designatedby a ". " (diamond symbol)

.

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### DRAFT SPA 20 SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards as of June 30, 1999 (cont'd) (" 3) On 

### July 14, 1998, atechnical amendment was issued relevant to the May 6, 1998 rule. Because the technical amendment made substantial changes to the May 6, 1998 rule, it has been included in this checklist to provide the complete revisions.

STATE ANALOG IS: CHECKLISf ANALOGOUS STATE FEDERAL REQUIREMENTS REFERENCE FEDERAL RCRA CITATION CITATION EQUIV- LESS MORE BROADER WAC 173-303- STRIN- STRIN- ALENT GENT GENT IN SCOPE 

### PART 260 - HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL SUBPART B -DEFINITIONS DEFINITIONS add, in alphabetical order, 112 260.10 040 X 

### defmition of"used oil" PART 261 - IDENTIFICAnONAND LISTING OF HAZARDOUS WASTE SUBPART A - GENERAL DEFINITION OF HAZARDOUS WASTE used oil containing>1000 ppmtotal halogens presumed to be hazardous waste; presumption may be rebutted by 112 261.3(a)(2)(v) 515(4) X 

### demonstrating that the IBR used oil does not contain hazardous waste; example from SW-846; where SW-846 may be obtained rebuttable presumption does not apply to

.metalworking oils/fluids containing chlorinated paraffms if processed, through a tolling agreement, to reclaim 112 261.3(a)(2)(v)(A) 515(4) X 

### metal-working oils/fluids; IBR presumption does apply to metal working oils/fluids if

### such oils/fluids are recycled in any other manneror disposed 

# o

o

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# • DRAFT SPA 20 SPECIAL CONSOLIDATED CHECKLIST: RecycledUsed Oil Management Standards as of June 30, 1999 (cont'd)



# •

1,2



### 1

1,2 STATE ANALOGIS: CHECKLIST ANALOGOUSSTATE FEDERALREQUIREMENTS REFERENCE FEDERALRCRAerr ATION CITATION EQUIV. LESS MORE BROADER WAC 173-303- STRJN- STRJN- ALENT GENT GENT IN SCOPE rebuttable presumption 112 261.3(a)(2)(v)(B) 515(4) X does not apply to used mR oils contaminated with chlorofluorocarbons (CFCs) removed from refrigeration units where the CFCs are destined for reclamation; rebuttable presumption does apply to used oils contaminated with CFCs that have been mixed with used oil from sources other than refrigeration units EXCLUSIONS No analog The State does 261.4(b)(15) redesignated 122 261.4(b)(13) not have this X as (b)(l3) exclusion and is therefore more stringent. add paragraph excluding from regulation used oil re-refining distillation 122 261.4(b)(l4) 071(3)(z) X bottoms that are used as feedstock to manufacture asphalt products redesignate as 122 261.4(b)(l5) 071(3)(kk) X 261.4(b )(13) SPECIALREQUIREMENTS FOR HAZARDOUS WASTE GENERATED BY CONDmONALLY EXEMPT SMALL QUI GENERATORS 

### 3


# • replace "subpart E of part 112,122 261.5(j) 266" with "part 279" No analog The State does not allow mixing of conditionally exempt small quantity generator waste X

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# C'"
as ofJune 30, 1999 (cont'd)

STATEANALOG IS: CHECKLIST ANALOGOUS STATE FEDERALREQUIREMENTS REFERENCE FEDERALReRA CITATION CITATION EQUIV- LESS MORE BROADER WAC 173-303- STRIN- STRIN- ALENT GENT GENT INSCOPE with used oil.



# o o REQUIREMENTS FOR RECYCLABLE MATERIALS 261.6(a)(2)(iii) 120(3)(g) 

### X remove 261.6(a)(2)(iii); 261.6(a)(2)(iv) 120(3)(f) 

### X redesignate 112 261.6(a)(2)(iv) and (v) as Thefederal 

### X 261.6(a)(2)(iii) and (iv) 261.6(a)(2)(v) citation no longerexists.

remove 261.6(a)(3)(iii); redesignate 112 261.6(a)(3)(iii) 120(2)(v) 

### X 261.6(a)(3)(iv) as 261.6(a)(3)(iii) redesignate 120(2)(a)(viii)( 261.6(a)(3)(v) as 112 261.6(a)(3)(iv) A) 

### X 261.6(a)(3)(iv) redesignate 261.6(a)(3)(v)(A) as 120(2)(a)(viii)( 261.6(a)(3)(iv)(A); 112,t166 261.6(a)(3)(iv)(A) A) 

### X replace "266.40(e)" with "279.11" redesignate 261.6(a)(3)(v)(B) as 120(2)(a)(viii)( 261.6(a)(3)(iv)(B); 112,t166 261.6(a)(3)(iv)(B) B) 

### X replace "266.40(e)" with "279.11" redesignate 261.6(a)(3)(v)(C) as 120(2)(a)(viii)( 261.6(a)(3)(iv)(C); 112,t166 261.6(a)(3)(iv)(C) C) 

### X replace "266.40(e)" with "279.11" redesignate Citation no 261.6(a)(3)(vi) as 112 261.6(a)(3)(v) longerexists. 

### X 261.6(a)(3)(v) redesignate Citation no 261.6(a)(3)(vii) as 112 261.6(a)(3)(vi) longerexists. 

### X 261.6(a)(3)(vi)
Page4 of 83 USEDOIL DRAFTCONSOLIDATED CL.DOC- Revised: 8fl7/99 Printed: 12119/01

# '. DRAFT SPA 20 SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards as ofJune 30, 1999 (cont'd)

STATEANALOGIS: CHECKLIST ANALOGOUS STATE FEDERALREQUIREMENTS REFERENCE FEDERAL RCRACITATION CITATION EQUIV. LESS MORE BROADER WAC173·303- STRJN- STRJN· ALENT GENT GENT IN SCOPE redesignate 112 261.6(a)(3)(vii) Citation no X 261.6(a)(3)(viii) as longer exists. 261.6(a)(3)(vii) used oil that is recycled and is hazardous waste solely because it exhibits a characteristic is not 112 261.6(a)(4) 120(5) X subjectto Parts 260-268 but is regulated under Part 279; definition of used oil that is recycled PART 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, 

### A FACILITIES SUBPART A-GENERAL

change "261.6(a)(2) and 600(5) The State (3)" to "261.6(a)(2), (3), analog is and (4)"; change "that worded requirements of this part" somewhat to "they"; add "part 279 differently than or" before "subparts"; 122 264.1 (g)(2) the federal rule; X change "subparts C, F, G however, the or H" to "subparts C, D, F meaning and or G" (note, this last implementation change appears to be an are the same as error; seeEndnote 4 for with the federal this checklist) rule. PURPOSE, SCOPE, AND APPLICABILITY 

# •

PART 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TRI I STORAGE, AND DISPOSALFACILITIES I SUBPART A-GENERAL PURPOSE, SCOPE, AND APPLICABILITY 4 change "owner and operator" to "owneror operator"; change 122

• "261.6(a)(2) and (3)" to "261.6(a)(2), (3), and 265.1(c)(6) 600(5) The State analog is worded somewhat X

Page 5 of83 USEDOIL DRAfT CONSOLIDATED CL.DOC- Revised: 8127199 Printed: 12119101DRAFT SPA 20 SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards as ofJune 30, 1999 (cont'd)

## C~

STATE ANALOG IS: CHECKUST ANALOGOUS STATE FEDERAL REQUIREMENTS REFERENCE FEDERALRCRACITATION CITATION EQUIV· LESS MORE WAC 173·303· STRIN- STRIN· BROADER ALENT GENT GENT IN SCOPE (4)"; change "that differently than requirements ofthis part" the federal rule; to "they"; add "part 279 however, the or" before "subparts"; meaning and change "subparts C, F, G implementation or H" to "subparts C, D, F are the same as or G" (note, this last with the federal change appears to be an rule. error; see Endnote 4 for this checklist) PART 266

- STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC T HAZARDOUS WASTE MANAGEMENT FACILITIES SUBPART E - USED OIL BURNED FOR ENERGY RECOVERY

remove and reserve No SubpartE 112 266.40-266.44 analog/removed X
SUBPART H - HAZARDOUS WASTE BURNED IN BOILERS AND INDUSTRIAL FURNAC:vr-·'\, 

## \...../- APPLICABILITY substitute "part 279 of 266.100(b)(1) this chapter" for "subpart 112 [laterredesignated as 510(1)(b)(i) X E of part 266 ratherthan 266.100(c)(1)] this subpart" PART 279 - STANDARDS FOR THE MANAGEMENT OF USED OIL SUBPART A - DEFINITIONS DEFINITIONS

terms defined in sections 260.10,261.1 and 280.12 have same meanings in Part 279 112 279.1 515(2) The Statehas incorporated these defmitions by reference. The only difference is that the State has stated that the term "hazardous waste" means X

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# • DRAFT SPA 20 SPECIAL CONSOLIDATED CHECKLIST: RecycledUsed Oil Management Standards as ofJune 30, 1999 (cont'd)

STATEANALOG IS: CHECKUST ANALOGOUS STATE FEDERAL REQUIREMENTS REFERENCE FEDERALRCRACITATION CITATION EQUIV- LESS MORE BROADER WAC 173-303- STRJN· STRJN- ALENT GENT GENT IN SCOPE "dangerous waste". "aboveground tank" 112 279.1 515(2)

- ffiR X "container" 112 279.1 515(2)

- ffiR X "do-it-yourselferused oil 112 279.1 515(2)

- ffiR X collection center" "existing tank" 112 279.1 515(2)

- ffiR X "household 'do-it- 112 279.1 515(2)

- ffiR X yourselfer' used oil" "household tdo-ityourselfer' used oil 112 279.1 515(2)

- ffiR X generator" "new tank" 112 279.1 515(2)

- ffiR X "petroleumrefining 130 279.1 515(2)

- ffiR X facility" "processing" 112 279.1 515(2)

- ffiR X "re-refining distillation 112 279.1 515(2)

- ffiR X bottoms" "tank" 112 279.1 515(2)

- ffiR X "used oil" 112,122 279.1 515(2)

- ffiR X "used oil aggregation 112 279.1 515(2)

- ffiR X point" "used oil burner" 112 279.1 515(2)

- ffiR X "used oil collection 112 279.1 515(2)

- ffiR X center" "used oil fuel marketer" 112 279.1 515(2)

- ffiR X "used oil generator" 112 279.1 515(2)

- ffiR X "used oil processor! 112 279.1 515(2)

- ffiR X re-refiner"

'" "used oil transfer facility" 112, t130 279.1 515(2)

- ffiR X 

### 5 

# •

•

• 

# •

•

Page 7 of83 USEDon. DRAFTCONSOUDATEDCL.DOC- Revised: 8127/99 Printed: 12119/0IDRAFT SPA 20 SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil ManagementStandards 

# c./.
as ofJune 30,1999 (cont'd)

_

STATEANALOG IS: CHECKliST ANALOGOUS STATE FEDERALREQUIREMENTS REFERENCE FEDERALRCRACITATION CITATION U:SS MORE WAC 173-303- EQUIV- STRIN- STRIN- BROADER ALENT GENT GENT INSCOPE "used oil transporter" 112 279.1 515(2) - ffiR X SUBPART B - APPLICABILITY APPLICABILITY 515(3) The State has incorporated this provision (and all of section identifies 279.10 except materials subjectto for two regulation as used oil provisions) by underPart 279; also reference. The identifies some materials 112 279.10 State has added X which are not so a provision regulated and indicates if stating that the subjectto Parts 260-266, term 268,270 and 124 "materials" used in 40 CFR 279.10 does not include dangerous waste. EPA presumes used oil is to be recycled unless used oil handlerdisposes of it or sends it for disposal; except as provided in 112 279.1O(a) 515(3) - ffiR X 279.11, used oil is subject to regulation underPart 279, regardless of whetherit exhibits a 261 SubpartC characteristic mixtures of used oil and 112 279.1O(b) 515(3) - ffiR X hazardous waste listed hazardous waste 112 279.1O(b)(l) 515(3) - ffiR X mixtures ofused oil and hazardous waste listed in 112 279.1O(b)(I)(i) 515(3) - ffiR X 261 SubpartD subjectto 

# c

o [)

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# • DRAFT SPA 20 SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards as of June 30, 1999 (cont'd)

STATEANALOG IS: CHECKLIST ANALOGOUS STATE FEDERALREQUIREMENTS FEDERALRCRACITATION CITATION LESS MORE REFERENCE WAC 173-303- EQUIV- STRIN- STRIN· BROADER ALENT GENT GENT IN SCOPE regulation as hazardous waste under Parts 260- 266,268,270 and 124 rather than as used oil under Part 279 used oil containing>1000 ppm total halogens presumed to be hazardous waste; presumption may be rebutted by 112,130 279.10(b)(l)(ii) 515(3) - IBR X demonstrating that the used oil does not contain hazardous waste; example from SW-846; where to obtain SW-846 rebuttable presumption does not apply to metalworking oilslfluids containing chlorinated paraffms if processed to reclaim metalworking 112 279.1O(b)(1)(ii)(A) 515(3) - IBR X oilslfluids; presumption does apply to metalworking oilslfluids if such oilslfluids are recycled in any other manner or disposed rebuttable presumption does not apply to used oils contaminated with chlorofluorocarbons (CFCs) removed from refrigeration units where the CFCs are destined for 112 279.1O(b)(1)(ii)(B) 515(3) - IBR X reclamation; presumption does apply to used oils contaminated with CFCs that have been mixed with used oil from sources other than refrigeration units 

# •

•
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# o DRAFT SPA 20 SPECIAL CONSOLIDAlED CHECKLIST: Recycled Used Oil Management Standards 

# C

as ofJune 30, 1999 (cont'd)

. ;



# •

• STAlE ANALOGIS: ANALOGOUSSTAlE CHECKLISf FEDERALRCRA CITATION CITATION LESS MORE BROADER FEDERALREQUIREMENTS REFERENCE WAC 173-303- EQUIV- STRIN- STRIN- IN SCOPE ALENT GENT GENT mixtures ofused oil and hazardous waste that solely exhibit one or more No analog. ofthe 261, Subpart C The State does hazardous waste not allow any characteristics and mixture of mixtures of used oil and characteristic X hazardous waste that are 112,122 279.lO(b)(2) hazardous waste listed in subpartD solely and used oil to because they exhibit one be managed as or more ofthe used oil. characteristics of hazardous waste identified in subpart C, are subiectto: except as 

# C 279.10(b)(2)(iii) provides, regulation No analog. underParts 260-266, 268, 112 279.lO(b)(2)(1) See previous X 270 and 124 ifmixture entry. exhibits any 261, Subpart C hazardous waste characteristics if the mixture does not exhibit any 261, Subpart No analog. C hazardous waste 112,122 279.lO(b)(2)(ii) See previous X characteristics, it is entry. regulated underPart 279; exception


# • mixture is regulated underPart 279 ifwaste mixed with oil is hazardous solely because No analog. it exhibits the 112,122,1 279.lO(b)(2)(iii) See previous X characteristic of 30 entry. ignitability, provided mixture does not exhibit the 261.21 characteristic ofignitability

- 112 279.10(b)(3) No analog. X 

# • mixtures ofused oil and 

### .,6

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# • DRAFT SPA 20

. SPECIAL CONSOLIDATED CHECKLIST: RecycledUsed Oil Management Standards as ofJune 30, 1999 (cont'd)

STA1llANALOGIS: CHECKliST ANALOGOUS STA1ll FEDERAL REQUIREMENTS REFERENCE FEDERALRCRACITATION CITATION LESS MORE BROADER WAC 173-303- EQUIV- STRIN- STRIN- ALENT GENT GENT IN SCOPE conditionally exempt The State does small quantity generator not allow any hazardous waste mixture of regulated under 261.5 are CESQWand subject to regulation as used oil to be used oil underPart 279 managed as oil. 515(3) The State rule includes a proviso that the term "materials" does not include dangerous materials containing or waste. The otherwise contaminated 112,122 279.10(c) State is more X with used oil stringent because some materials would need to be managed more stringently underthe State rule than under the federal rule. except as provided in 279.1O(c)(2), materials containing or otherwise contaminated with used oil from which used oil 122 279.10(c)(I) 515(3) - ffiR X has been properly drained or removed such that novisible signs of freeflowing oil remain in or on material: are not used oil; not 122 279.10(c)(l)(i) 515(3) - ffiR X subject to Part 279 subject to Parts 124,260- 266, 268, and 270 if 122 279.1 O( c)( 1)(ii) 515(3)

- ffiR X applicable 7



# •

•
Page 11 of83 USEDOIL DRAFfCONSOUDA1llD CL.DOC

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# 0

3,8 STATEANALOGIS: CHECKLIST ANALOGOUS STATE FEDERAL REQUIREMENTS REFERENCE FEDERALRCRACITATION CITATION EQUN- LESS MORE BROADER WAC 173-303- STRIN- STRIN- ALENT GENT GENT IN SCOPE materials containing or 122 279.10(c)(2) 515(3) - IBR X otherwise contaminated with used oil that are burned for energy recovery subject to Part 279 used oil drained or removed from materials containing orotherwise 122 279.10(c)(3) 515(3) - IBR X contaminated with used oil subiect to Part 279 515(3) The remainder of279.10 was incorporatedby reference mixtures of used oil with without any 

# 0 products 112 279.1O(d) changes. The X remaining checklistentries were deleted to save space and paper.

used oil containing PCBs; marketers andburners of used oil containing 112,122,t 515(3) quantifiable level of 166 279.1O(i) End ofIBR. X PCBs subject to 40 CPR 761.20(e) in addition to Part 279 USED OIL SPECIFICAnONS • used oil burned for energy recovery and fuel produced from treatment of used oil is subjectto Part 279 unless it is shown not to exceed allowable levels of specific constituents and 112 279.11 515(4) IBR The State also incorporated 261.3(a)(2)(v), the rebuttable presumption by reference. 

### X

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# • DRAFT SPA 20 SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards as of June 30, 1999 (contd)



# • •

t.e . 9 STA'ffi ANALOG IS: CHECKLIST ANALOGOUS STA 'ffi FEDERAL REQUIREMENTS REFERENCE FEDERAL RCRACITATION CITATION EQUN- LESS MORE BROADER WAC173-303- STRIN- STRIN- ALENT GENT GENT IN SCOPE properties in Table 1; once used oil no longer exceeds specifications and there is compliance with 279.72,279.73 & 279.74(b), then not subiect to Part 279 "Used Oil Not Exceeding Any Specification Level Is Not Subject to This Part When Burned for 112 279.11, Table 1 515(4) - IDR X Energy Recovery"; lists constituents/properties and allowable levels after Table 1, add note regarding applicable 122 279.11, Table 1, note 515(4) - IDR X standards for burning used oil containing PCBs PROIDBffiONS



# • 515(5) The State has used oil shall not be incorporated all managed in surface of279.12 by impoundments or waste 112 279. 12(a) reference. The X piles unless those units State has listed are subject to Parts 264 or additional 265 prohibitions at 515(5)(a) through (e). 515(5) 279.12(b) use of used oil as a dust through suppressant is prohibited, 112 279. 12(b) 279. 12(c)(3) are X except in States listed in incorporatedby

. 279.82(c) reference. The checklistentries were deleted. hazardous waste 122 279. 12(c)(3) 515(5) X incinerators subjectto End of Page 13 of83 USEDOIL DRAfTCONSOLIDA'ffiD CL.DOC- Revised: Sn.7199 Printed: 12/19101DRAFT SPA 20 SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards as ofJune30, 1999 (cont'd) ()

STAlE ANALOGIS: CHECKLIST ANALOGOUS STAlE FEDERALREQUIREMENTS REFERENCE FEDERALRCRACITATION CITATION EQUIV- LESS MORE WAC 173-303- STRIN- STRIN- BROADER ALENT GENT GENT IN SCOPE regulation under subpart incorporation 

## o of 264 or 265 by reference. SUBPART C - STANDARDS FOR USED 

## on. GENERATORS APPLICABll..ITY 515(6) All of279.20 defmition of used oil through 279.24 generator; 279 Subpart C exceptfor X 112 279.20(a) 279.21 are applies to all used oil incorporated by generators except: reference.

515(6) 279.20(a)(I) household "do-it- through 

# CJ yourselfer" used oil 112 279.20(a)(1) 279.20(b)(5) X generators aremR. The checklistentries were deleted to save space. generators whodispose of 515(6) used oil must also comply 112 279.20(b)(5) EndofmR X with SubpartI ofPart 279 HAZARDOUS WASTE MIXING No analog. The State does mixtures ofused oil and not allow hazardous wastemustbe 112,122 279.21(a) mixtures of 

### X managed in accordance used oil and with 279.1O(b) hazardous waste to be managed as used oil. the rebuttable presumption of No analog. See 279.1O(b)(I)(ii) applies to 112 279.21(b) previous entry. 

### X used oil managed by generators; used oil Page 14 of83 USEDon. DRAFTCONSOUDAlED CL.DOC- Revised:8f27199 Printed: 12119101SPEC DRAFT SPA 20 IAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards as ofJune 30, 1999 (cont'd)

CHECKLIST ANALOGOUS STATE STATEANALoGIS: FEDERALREQUIREMENTS FEDERALRCRACITATION REFERENCE CITATION LESS WAC 173-303- EQUIV- MORE STRIN- srR\N. BROADER ALENT containing >1,000 ppm GENT GENT IN SCOPE total halogens is presumed to be hazardous and must be managed as such; does not apply to certain metalworking oilslfluids and certain used oils removed from refrigeration units 

# •

USED OIL STORAGE 515(6) 279.22 is incorporatedby used oil generators are reference. The subject to applicable Spill State is more Prevention, Control and stringent Countermeasures (40 because it has CFR Part 112) and two additional Underground Storage requirements. Tank (40 CFR Part 280) Containers must standards for used oil 112,122 279.22 be keptclosed stored in underground and they must X tanks, whether or not the notbe handled used oil exhibits any in a way that characteristics of could cause a hazardous waste, in leak or rupture. addition to the Part 279, Also, Ecology Subpart C requirements may require secondary containment on a case by case basis. 515(6) used oil generators may The provisions not store used oil in units of279.22 are other than tanks, 112 incorporatedby containers, or units 279.22(a) reference. The X subject to Parts 264 or remaining 265 checklistentries were deleted to save space. 

# •

•
Page 15 of83 USEDOILDRAFTCONSOLIDATEDCL.DOC

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### .,10

.,14

.,14

.,14 DRAFT SPA 20 SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards as ofJune 30, 1999 (cont'd)

..

STATE ANALOG IS: CHECKUSf ANALOGOUS Sf ATE FEDERAL REQUIREMENTS REFERENCE FEDERAL RCRA CITATION CITATION LESS MORE BROADER WAC 173·303- EQUIV- STRJN· STRJN- ALENT GENT GENT IN SCOPE repairorreplace any leaking used oil storage 515(6) containers or tanks prior 112,t166 279.22(d)(4) End ofIBR X to returning them to service ON-SITE BURNINGIN SPACE REATERS generators may bum used 515(6) oil in used oil-fired space 112,122 279.23 IBR X heaters if: the heaterbums only used oil generatedby the owner/operatoror , 112,122 279.23(a) 515(6) - IBR X received from household do-it-yourselfused oil generators the heater is designed to 

# 0 have amaximum capacity 112,122 279.23(b) 515(6) - IBR X <0.5 million Btulhour the combustion gases are 112,122 279.23(c) 515(6) - IBR X vented to the ambient air OFF-SITE SlllPMENTS except as provided in 279.24(a)-(c), generators 515(6) mustensure their used oil 112 279.24 All of279.24 is X is transported only by incorporated by transporters with EPA ID reference. numbers generators, without an EPA ID number, may transport used oil generated at the generator's site and used 112 279.24(a) 515(6) - IBR X oil collectedfrom household do-ityourselfers to a used oil collection centerif: 

# C)

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# • DRAFT SPA 20 SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards as ofJune 30, 1999 (cont'd)

Sf ATE ANAWG IS: CHECKLISf ANAWGOUSSf ATE FEDERAL REQUIREMENTS REFERENCE FEDERALRCRACITATION CITATION EQUIV- l£SS MORE BROADER WAC 173-303- STRIN- STRIN- ALENT GENT GENT IN SCOPE the generatortransports 112 279.24(a)(l) 515(6) - ffiR X the used oil in a vehicle owned by the generator or by an employee ofthe aenerator

515(6) X

515(6)(c) The State has**~55** gallons is transported an additional at any time 112 279.24(a)(2) provision that allows quantities greater than 55 X gallons to be

e transported by the generator provided additional requirements are met. the used oil is transported to a used oil collection centerthat is registered, licensed, permitted or 112 279.24(a)(3) 515(6) - ffiR X recognizedby a state/county/-municipal government to manage used oil generators, without an EPA ID number, may transport used oil 112 279.24(b) 515(6)

- ffiR X generated at the generator's site to

# an aggregation point if: 

# •

•

Page 17 of83 USEDOILDRAFTCONSOUDATED CL.OOC- Revised:8/27/99 Printed: 12119101

### DRAFT SPA 20 SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards as ofJune 30, 1999 (cont'd) 

# C

STArn ANALOG IS: CHECKUSr ANALOGOUS STATE FEDERAL REQUIREMENTS REFERENCE FEDERALRCRACITATION CITATION EQUIV- LESS MORE BROADER WAC 173-303- STR1N- STRIN- ALENT GENT GENT INSCOPE the generatortransports 112 279.24(b)(1) 515(6) - ffiR 

### X the used oil in a vehicle ownedby the generator or by an employee of the generator 515(6)(c) The State allows generators to transport**~55** gallons is transported 112 279.24(b )(2) quantities 

### X at any time greaterthan 55 gallons provided additional requirements are met. the generatortransports 

# C the used oil to an aggregation point owned 112 279.24(b)(3) 515(6) - ffiR X and/or operatedby the same generator used oil generators may arrange for used oil to be transported by a transporter without an EPA ID number ifthe used oil is reclaimed undera contractual agreement ("tolling 515(6) arrangement") pursuantto 112 279.24(c) 279.24(c) is X which the reclaimed oil is ffiR. returned by the processor/re-refinerto the generator for use as a lubricant, cutting oil or coolant; what the tolling arrangement must indicate:

---: reclaimed oil will be 112 279.24(c)(3) 515(6) X
Page 18 of 83 USEDOILDRAfT CONSOLIDATEDCL.DOC- Revised:8127199 Printed: 12119/01

### DRAFT SPA 20 SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards as of June 30, 1999 (cont'd)

srATE ANALOGIS: CHECKUsr ANALOGOUS srATE FEDERALREQUIREMENTS REFERENCE FEDERALRCRACITATION CITATION LESS MORE BROADER WAC 173-303- EQUIV- STRIN- STRIN- ALENT GENT GENT IN SCOPE returned to the generator End offfiRof 279.24(c) 

# •

SUBPART D - STANDARDS FOR USED OIL COLLECTION CENTERS AND AGGREGATION POINTS DO-IT-YOURSELFERUSED OIL COLLECTION CENTERS section applies to 515(7) owners/operators of do-it- The State has yourselfer (DIY) used oil 112 279.30(a) incorporated 

### X collection centers; 279.30 through definition of DIY used oil 279.32 by collection center reference. owners/operators of DIY used oil collection centers must comply with the 112 279.30(b) 515(7) -ffiR 

### X generator standards in SubpartC of Part 279 USED OIL COLLECTION CENTERS



# • 515(7) and (7)(a), (b), and section applies to (c). The State owners/operators of used allows oil collection centers; quantities definition of used oil 112 279.31(a) X collection center; such greaterthan 55 centers may accept used gallons provided oil from household DIYs additional requirements are met. owners/operators must: 112 279.31(b) 515(7) -ffiR X comply with the generator standards in Subpart C of 112 279.31(b)(1) 515(7)-ffiR X Part 279 be registeredllicen sed/permit 112 279.31(b)(2) 515(7)-ffiR X ted/recognizedby a state/county/municipal Page 19 of83 USEDOILDRAFTCONSOLIDATED CL.DOC

- Revised: 8127/99 Printed: 12119101DRAFT SPA 20 SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards as ofJune 30, 1999 (cont'd) 

# 0

STArn ANALOGIS: CHECKLIST ANALOGOUSSTATE FEDERALREQUIREMENTS REFERENCE FEDERALRCRA CITATION CITATION EQUIV. LESS MORE BROADER WAC 173·303· STRIN- STRIN· ALENT GENT GENT INSCOPE government to manage used oil USED OILAGGREGATIONPOINTS OWNED BY THE GENERATOR section applies to owners/operators ofused oil aggregation points; 515(7) - ffiR defmition of used oil 112 279.32(a) X aggregation point; such points may accept oil from household DIYs owners/operators must comply with the generator 112 279.32(b) 515(7) - ffiR X standards in Subpart C of Part 279 SUBPARTE - STANDARDS FOR USED OIL TRANSPORTER AND TRANSFERFACILITIES APPLICABILITY 

# 0 515(8) defmition of used oil The State has transporters; SubpartE of incorporated Part 279 applies to all 112 279.40(a) 279.40 through X used oil transporters 279.47 by except: reference. 515(8) on-site transportation 112 279.40(a)(l) All of 279.40 is X ffiR. transporters who dispose 515(8) ofused oil must also 112 279.40(d)(5) EndofffiRof X comply with Subpart I of 279.40 Part 279 RESTRICTIONS ON TRANSPORTERS WHO ARE NOT ALSO PROCESSORS OR RE-REFINERS used oil transporters may consolidate or aggregate loads of used oil for transport; except as 112 279.41(b) provides; used oil transporters may not process used oil unless 279.41(a) 515(8) - ffiR X

Page 20 of83 USED OIL DRAFTCONSOLIDATED CL.DOC - Revised: 8fl7199 Printed: 12119101

# • DRAFT SPA 20 SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards as ofJune 30, 1999 (cont'd)

srxrs ANALOG IS: CHECKLIST ANALOGOUSsrxrs FEDERALREQUIREMENTS REFERENCE FEDERALRCRACITATION CITATION LESS MORE WAC 173-303- EQUIV- STRlN- STRIN- BROADER ALENT GENT GENT IN SCOPE they also comply with the requirements for processors/re-refiners in SubpartF of Part 279 transporters mayconduct processing operations incidental to transport, but not designed to produce used oil derived 112 279.41(b) 515(8)

- ffiR X products, unless the transporter also complieswith the processor/rerefmer requirements in SubpartF of Part 279 transporters of used oil removed from oilbearing electrical transformers and turbines and filtered by transporteror at a transfer facility prior to 130 279.41(c) 515(8)

- ffiR X being returned to its original use are not subject to the processor/re-refiner requirements in subpartF of Part 279 

### t 

# •

NOTIFICATION

11 used oil transporters who have not previously done so must comply with 112,122 279.42(a) 515(8) X RCRA §3010 notification 279.42 is ffiR. requirements and obtain an EPA ID number 515(8) 279.42(b)(2)(vii) EndofffiRof X 279.42 USED OIL TRANSPORTATION • a used oil transporter 279.43(a) 515(8)
Page 21 of83 USED OILDRAFTCONSOUDA"ffiDCL.DOC- Revised: 8f27199 Printed: 12119/0112

13 DRAFT SPA 20 SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards as ofJune 30, 1999 (cont'd)

### C~)

Sf

ATE ANALOGIS: CHECKLISf ANALOGOUS Sf ATE FEDERALREQUIREMENTS REFERENCE FEDERALRCRA CITATION CITATION LESS MORE WAC 173-303· EQUN· SfRIN- SfRIN· BROADER ALENT GENT GENT IN SCOPE must deliver all used oil 279.43 is ffiR. received to: a transporter must clean up any used oil discharged during transport or take action 515(8) required or approved by 112 279.43(c)(5) End offfiR of X - government officials so 279.43 that the used oil discharge no longer presents a hazard to human health or the environment REBUTTABLE PRESUMPTION FOR USED OIL used oiltransporter must determine whethertotal 515(8) halogen content of used 112 279.44(a) X oil transported or stored is 279.44 isffiR 

# .. above or below 1000 ppm transporter must maintain records of analyses or information used to 112 279.44(d) 515(8) X comply with 279.44(a), EndofffiR (b) & (c) for at least 3 years USED OIL STORAGE AT TRANSFERFACILITIES used oil transporters are also subjectto applicable Spill Prevention, Control and Countermeasures (40 CPR Part 112); . transporters are subjectto Underground Storage Tank (40 CFR Part 280) standards for used'oil stored in underground tanks, whether or not the used oil exhibits any characteristics of hazardous waste, in 112,122 279.45 515(8) 279.45 has been IBR. The State has an additional requirement at (8) and (8)(a) and (b) whereby it can require an integrity assessment and repairs and improvements if necessary to X

Page 22 of 83 USEDOIL DRAFfCONSOUDATED CL.DOC· Revised: Sn7199 Printed: 12119/0I

# • DRAFT SPA 20 SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards as ofJune 30, 1999 (cont'd)

14

13 STATE ANALOG IS: CHECKLIST ANALOGOUS STATE FEDERALREQUIREMENTS REFERENCE FEDERALRCRACITATION CITATION EQUIV- LESS MORE BROADER WAC173-303- STRIN- STRIN- ALENT GENT GENT IN SCOPE addition to the protect public requirements of this health and the subpart environment. section applies to used oil transfer facilities; 515(8) definition of used oil mR. Therest transfer facilities; transfer of the checklist facilities that store used 112 279.45(a) entries for 

### X oil for more than 35 days 279.45 have subject to regulation been deleted to under Subpart F ofPart save space. 279 repair or replace any 515(8) leaking used oil storage 112 279.45(h)(4) End ofmR of 

### X containers or tanks before returning them to service 279.45
TRACKING 15 used oil transporters must keep a record of each used oil shipment accepted for transport; 515(8) what the records must 112 279.46(a) 279.46 is mR 

### X include; exemption from signature requirements for intermediate rail transporters records described in 515(8) 279.46(a), (b) 

### & (c) must be maintained for at least 112 279.46(d) EndofmRof 

### X 3 years 279.46
MANAGEMENT OF RESIDUES transporters who generate residues must manage the 112 279.47 515(8) - mR X residues as specified in 279.1O(e) SUBPART F - STANDARDS FOR USED OIL PROCESSORS AND RE-REFINERS

• APPLICABILITY Page 23 of 83 USEDOILDRAFTCONSOUDATEDCL.DOC

- Revised: 8f27199 Printed: 11119/0116 DRAFT SPA 20 SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards as ofJune 30,1999 (cont'd) 

# C' j

Sf

ATEANALOG IS: CHECKLISf ANALOGOUS Sf ATE FEDERAL REQUIREMENTS REFERENCE FEDERALRCRACITATION CITATION LESS MORE BROADER WAC 173-303· EQUIV· SfRIN- SfRIN· ALENT GENT GENT IN SCOPE subpart applies to owners/operators of facilities that process 112 279.50(a) 515(9) X used oil; definition of 279.50 is ffiR. processing and specific inclusions; exclusions: processorslre-refuners 515(9) who dispose of used oil 112 279.50(b)(5) End offfiR of X also must comply with 279.50. SubpartI of Part 279 NOTIFICATION processors/re-refuners . who have not yet done so must comply with RCRA 112,122 279.51(a) 515(9) X §3010 notification 279.51 is ffiR. requirements and obtain 

# C') an EPA ID number / 515(9) 279.51(b)(2)(vi) End offfiR of X 279.51 GENERALFACILITY STANDARDS 16

owners/operators of usedoil processing and rerefining facilities must comply with the 112 following preparedness and prevention requirements: 279.52(a) 515(9) The State has incorporated 279.52 by reference. The State has added aprovision at 515(9)(a) that limits storage on-site without a permitto 90 days before used oil and othermaterials managed under this section mustbe entered 

## x

Page 24 of83 USEDOIL DRAFT CONSOUDATEDCL.DOC· Revised: 8f27199 Printed: 12119/01

# •

• DRAFT SPA 20 SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards

• as of June 30,1999 (cont'd)

STATE ANALOG IS: CHECKUST ANALOGOUS STATE FEDERAL REQUIREMENTS REFERENCE FEDERAL RCRA CITATION CITATION LESS MORE BROADER WAC 173-303- EQUIV· STRIN· STRIN· ALENT GENT GENT IN SCOPE into an active recycling process. The State has added a requirement at 515(9)(b) whereby it can require an integrity assessment and repairs or improvements if necessary to protectpublic health and the environment. facilities must be maintained and operated to minimize the possibility of fire, explosion, or any 112 279.52(a)(l) 515(9) X unplanned release of used 279.52 is IBR. oil to air, soil or surface water which could threaten human health or the environment 279.52(b)(6)(ix)(G) 515(9) End of X IBR of 279.52 REBUTTABLE PRESUMPTIONFOR USED OIL owner/operatorof a 

### processing/re-refining 515(9) facility must determine The State has whether the total halogen 112 279.53(a) incorporated X content of used oil managed at the facility 279.53 by exceeds or is less than reference. 1,000 ppm rebuttable presumption 112 279.53(c)(2) X does not apply to used 515(9)End of Page 25 of 83 USED OIL DRAFfCONSOUDATED CL.DOC· Revised: 8127/99 Printed: 12119/0IDRAFT SPA 20 SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards as ofJune 30,1999 (cont'd)

## C/~

Sf

ATEANALOGIS: CHECKLlSf ANALOGOUS Sf ATE FEDERALREQUIREMENTS REFERENCE FEDERALRCRACITATION CITATION LESS MORE BROADER WAC 173-303- EQUIV- S'J'RIN- SfRlN- ALENT GENT GENT INSCOPE oils contaminated with ffiR of 279.53 chlorofluorocarbons (CFCs) removed from refrigeration units if the CFCs are destined for reclamation; presumptiondoes apply to CFCcontaminatedused oils mixed with used oil from sources otherthan refrigeration units USED OIL MANAGEMENT used oilprocessors/ re-refmers are also subject to applicable Spill Prevention,Controland Countermeasures (40 CFR Part 112) and 515(9) Underground Storage The State has Tank (40 CFR Part 280) 112,122 279.54 incorporated X standards for used oil stored 

### in underground 279.54 by tanks whether or not the reference. used oil exhibits any characteristics of a hazardous waste, 

### in addition to the Part 279, SubpartF, reauirements owner/operatormust remove or decontaminate used oil residues, contaminated containment system 515(9) components, 112 279.54(h)(2)(ii) End offfiR of X contaminated soils, and 279.54 structures and equipment contaminated with used oil and manage them as hazardous waste; exception 

# .:

Page 26 of83 USEDOILDRAfT CONSOUDATED CL.DOC

- Revised: 8fl7199 Printed: 12119.1)1

# • DRAFT SPA 20 SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards as of June 30, 1999 (cont'd)

STATEANALOG IS: CHECKLIST ANALOGOUS STATE FEDERAL REQUIREMENTS REFERENCE FEDERALRCRACITATION CITATION EQUlV- LESS MORE WAC 173-303- STRIN- STRIN- BROADER ALENT GENT GENT IN SCOPE ANALYSIS PLAN owners/operators ofused oilprocessing and rerefining facilities must develop and follow a 515(9) written analysis plan The State has describing procedures to 112 279.55 incorporated X be used to comply with 279.55 by analysis requirements of reference. 279.53 and 279.72; plan mustbe kept at the facility type of information that 515(9) will be used to make the on-specification used oil 112 279.55(b)(3) End ofmR of X fuel determination 279.55.
TRACKING processors/re-refiners must keep a record of each used oil shipment accepted for 515(9) processing/re-refining; 112 279.56(a) 279.56 in

# ran. X forms records may take; what the records must include for each shipment: records described in 515(9) r 279.56(a) and (b) must be 112 279.56(c) EndofmRof X maintained for at least 3 279.56 years OPERATING RECORD AND REPORTING operating record 112 279.57 515(9) X 279.57 is 

### rsa. 515(9) 279.57(b)(3) EndofmRof X 279.57 • OFF-SITE SHIPMENTS OF USED OIL Page 27 of83 USEDOILDRAFfCONSOLIDATEDCL.OOC- Revised: 8127199 Printed: 12119/01

### 17



# • DRAFT SPA 20 SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil ManagementStandards as of June 30, 1999 (cont'd)

### C~

STATEANALOG IS: CHECKLIST ANALOGOUS STATE FEDERALREQUIREMENTS REFERENCE FEDERALRCRACITATION CITATION EQUIV- LESS MORE BROADER WAC 173-303- STRIN- STRIN- ALENT GENT GENT INSCOPE 

### processors/re-refiners who initiate shipments off-site must use a used 112 279.58 515(9) -IBR X 

### oil transporter with an EPA ID number MANAGEMENT OF RESIDUES residues from storage, processing, orre-refining 112 279.59 515(9) -IBR X 

### must be managed as specified in 

### 279.10(e)

SUBPART G - STANDARDS FOR USED OIL BURNERS WHO BURN OFF-SPECIFICATION USED OIL FOR ENERG APPLICABILITY 515(10) The State has 

# C; incorporated except as ,--I 

### 279.60(a)(1)&(2) specify, 279.60 through 279.67 by SubpartG applies to used 112 279.60(a) reference. The X 

### oil burners; defmition of checklist entries a used oil burner; have been exceptions: deleted to save space and paper. MANAGEMENT OF RESIDUES
residues from storage and 515(10) End ofIBR of burning must be managed 112 279.67 279.60 through X 

### as specified in 279.1O(e) 279.67. SUBPART H - STANDARDS FOR USED OIL FUEL MARKETERS APPLICABILITY


# • this subpart applies to any 112,122 279.70(a) person who: 515(11) The State has incorporated 279.70 through 279.75 by 

# x 

# c

Page 28 of83 USEDOILDRAFr CONSOUDATED CL.DOC- Revised: 8127199 Printed: 1211910I

### DRAFT SPA 20 SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards 

### fJ 30 1999 ( Cd) as 0 une , con

STATEANALOG IS: CHECKUST ANALOGOUS STATE FEDERAL REQUIREMENTS REFERENCE FEDERALRCRACITATION CITATION LESS MORE WAC 173-303- EQUN- STRIN- STRlN- BROADER ALENT GENT GENT IN SCOPE reference. The checklistentries were deleted to save space and paper. 

# • 279.75 certification must be maintained for 3 years 515(11) from the date of the last 112 279.75(b) End ofIER of X shipment of off- 279.70. through specification used oil to 279.75. theburner SUBPART I - STANDARDS FOR USE AS A DUST SUPPRESSANT AND DISPOSAL OF USED 

### OIL APPLICABILITY 515(12) The State has incorporated Subpart I applies to all 279.80 through used oils that cannotbe 112 279.80 279.82(a) by X recycled and are being reference. The disposed checklistentries were deleted to save space and paper. USE AS A DUST SUPPRESSANT



# • use of used oil as a dust 515(12) suppressant is prohibited; 112 279.82(a) End ofIER of X 279.80 through exception 279.82(a). a State may petition EPA No analog. This is a to allow the use of used provision oil meeting specific requirements as a dust whereby a state 112 279.82(b) can petition suppressant; what State EPA; it would must show; program must not be minimize impact on the appropriate in environment the State's rule.

Page 29 of83 USEDOILDRAFrCONSOLIDATEDCL.DOC- Revised: 8/27199 Printed: 12119/01

### DRAFT SPA 20 SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil ManagementStandards as of June 30, 1999 (cont'd) 

# C)

Sf

ATEANALOG IS: CHECKUSf ANALOGOUS Sf ATE FEDERALREQUIREMENTS REFERENCE FEDERAL RCRACITATION CITATION EQUIV· LESS MORE BROADER WAC 173-303- SfRlN· STRIN- ALENT GENT GENT IN SCOPE 

### list of States (reserved) 112 279.82(c) No analog.

1 These changes correct an errorin the May 20, 1992 fmal rule (57 FR 21534, Revision Checklist 104) by redesignating the subparagraphs sequentially. The exclusion for non-terne plated used oil filters was added by the May 20, 1992 rule as subparagraph (b)(15) of § 

### 261.4 even though EPA had not yetpromulgated subparagraphs (b)(13) or (b)(l4). 2 Note that the July 1, 1992 fmal rule (57 FR 29220; Revision Checklist 107) also affected the code previously designated as 261.4(b)(l5) and now designated as 261.4(b)(l3). 3 These provisions were modifiedbecause of the May 6,1998 final rule (63 FR 24963; Revision Checklist 166). However, the May 6,1998 changes were subsequently withdrawn and the regulatory text that existed prior to the May 6, 1998 direct fmal rule was reinstated by the July 14, 1998 rule (63 FR 37780, Revision Checklist 166). Although the July 14, 1998 rule is not included in RCRA ClusterVlll, in orderto provide the correctrevisions this Special Consolidated Checklist includes the July 14, 1998 recommendedrevisions. Note that the July 14, 1998 rule did retain the May 6, 1998 change to 279.1O(i), whichreplaced "40 CFR Part 279" with "this part". 4 The May 3, 1993 fmal rule inadvertently removes a correction made by the August 25, 1992 Federal Register (57 FR 38558, Revision Checklist 111). The August 25, 1992 rule changed "subparts C, D, F, or G" to "subparts C, F, G, or H"; the May 3,1993 rule lists the old version of these internal references. The correctreference is as shown in the August( 

# J' 1992 rule. States may not want to make this change. "'---/ 5 This defmition may be changed in the future by EPA to better explain what is meantby a "used oil processor/re-refmer." 6 There are two typographical errors in this paragraph in the May 3, 1993 Federal Register. The heading "Characteristic hazardous waste" should be in italics, as it appeared in the September 10, 1992 fmal rule (57 FR 41566, Revision Checklist 112). The phrase "hazardous waste characteristic" should be "hazardous waste characteristics" to reflect the possibility of more than one characteristic. 7 The May 3, 1993, final rule (58 FR 26420; Revision Checklist 122) replaced the original 279.1O(c) added by Revision Checklist 112 (September 10, 1992; 57 FR 41566) with a new paragraph introducing several new subparagraphs. 8 There is an error in the Federal Registerfor Revision Checklist 122 (May 3, 1993; 58 FR 26420); according to EPA, "who market" should be "who market or burn." 9 States are not required to adopt notes, but a State may want to include an analog to this note for clarity. 10 As introduced into the code by Revision Checklist 112, these paragraphs were numbered 279.23(a) and (a)(l)-(3); 279.23(b) was reserved. Checklist 122preserved the original wording and order of these paragraphs, but redesignated them as 279.23 and 279.23(a)-(c). 11 The May 3, 1993 (58 FR 26420) rule changed the text found in the September 10, 1992 (57 FR 41566; Revision Checklist 112) rule, to include renotification. However, the June 17, 1993 (58 FR 33341) rule changed the text back to the original wording in the September 10, 1992 rule. 12 Note that there is a typographical error in the September 10, 1992 Federal Register at 279.43(c)(5); "used oil discharged that occurs" should be "used oil dischargethat occurs". 

# C

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# • DRAFT SPA 20 SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards as ofJune 30, 1999 (cont'd)

13 Note that there is a typographical error in the September 10, 1992 Federal Register at 279.44(a); "used oil being transporter" should be "used oil being transported", 14 The September 10, 1992 Federal Register contains an error at279.45(a): "subpartF ofthis chapter" should more specifically say "subpartF of this part". 15 Revision Checklist 130 (March 4, 1994; 59 FR 10550) amended and redesignated the original 279.46(a)(5) introducedby Revision Checklist 112 (September 10, 1992; 57 FR 41566) as 279.46(a)(5)(i) and added a new 279.46(a)(5)(ii).

16 The September 10, 1992 Federal Register texts for 279.52(a) and 279.52(b) include two typographical errors: "processors" should be "processing" and "re-refiners" shouldbe "re-refining". 17 In § 279.59, "re-fming", as found in the September 10, 1992 Federal Register, is an error and has been replaced in this checklist with "re-refining" .



# •
Page 31 of83 USED OIL DRAFfCONSOLIDATED CL.DOC· Revised:8/27/99 Printed: 12119/01