•

•

•

DRAFT SPA 20

SPECIAL CONSOLIDATED CHECKLIST

for the

Recycled Used Oil Management Standards as of June 30, 1999

Notes: 1) This checklist consolidates 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 promulgated between 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 "Checklist Reference" column indicates which of these checklists has affected each listed citation.

Subsequent to promulgation of the first RUO rule (i.e., the rule addressed by Revision Checklist 112), checklists

other than the RUO checklists have also affected certain sections of code addressed by the RUO checklists. The

effects of these subsequent checklists are indicated in footnotes.

No final rules were promulgated between June 30, 1994 and May 6, 1999 that affected this consolidated checklist

except the October 30, 1995 final rule (60 FR 55202). That rule issued an administrative stay of the regulatory

provisions set forth in 40 CFR 279.1O(b)(2) applicable to mixtures of used oil and characteristic hazardous waste.

The stay reinstated for these mixtures, the regulatory requirements ordinarily applicable to mixtures containing

hazardous waste along with other applicable regulatory requirements including but not 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 of Appeals for the District of

Columbia. Other litigation 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 of the mixtures of used oil and characteristic

hazardous wastes in light of the judicial vacatur. Therefore, the October 30, 1995 rule is not included 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, EPA realized that its position, making all provisions of that rule nonHSWA, was arguably inconsistent with statements made in the preamble of the November 29, 1985 rule (50 FR

49201; Revision Checklist 19) which promulgated Part 266, Subpart E. Those provisions were issued under

HSWA authority and are recodified in certain portions of Part 279 (specifically, 279.10, 279.11 and portions of

279.1 and Subparts G and H of Part 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, Subpart E provisions will continue to

enforce these provisions until the State becomes authorized for Part 279. For this checklist, the HSWA provisions

are designated by a ". " (diamond symbol).

Page 1 of 83 USED on,DRAFfCONSOLIDATED CL.DOC· Revised: Sn7199

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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, a technical 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 WAC 173-303- BROADER 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 - IDENTIFICAnON AND LISTING OF HAZARDOUS WASTE

SUBPART A - GENERAL

DEFINITION OF HAZARDOUS WASTE

used oil containing>1000

ppm total 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 ifsuch

oils/fluids are recycled in

any other manner or

disposed

o

o

Page 2 of 83 USED OIL DRAFT CONSOLIDATED CL.DOC - Revised: 8/27199

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•

DRAFT SPA 20

SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards

as of June 30, 1999 (cont'd)

•

1,2

1

1,2

STATE ANALOGIS:

CHECKLIST ANALOGOUSSTATE

FEDERALREQUIREMENTS REFERENCE FEDERALRCRAerrATION CITATION EQUIV. LESS MORE

WAC 173-303- BROADER 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)

SPECIAL REQUIREMENTS 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

Page 3 of 83 USEDon.DRAfTCONSOUDATED CL.DOC· Revised: 8f27199

Printed: 12119101
DRAFT SPA 20

SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards C'"

as of June 30, 1999 (cont'd)

STATEANALOG IS:

CHECKLIST ANALOGOUS STATE

FEDERAL REQUIREMENTS REFERENCE FEDERALReRA CITATION CITATION

EQUIV- LESS MORE

WAC BROADER 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 The federal X

261.6(a)(2)(iii) and (iv) 261.6(a)(2)(v) citation no

longer exists.

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) longer exists. X

261.6(a)(3)(v)

redesignate Citation no 261.6(a)(3)(vii) as 112 261.6(a)(3)(vi) longer exists. X

261.6(a)(3)(vi)

Page 4 of 83 USEDOIL DRAFTCONSOLIDATED CL.DOC- Revised: 8fl7/99

Printed: 12119/01
'. 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 FEDERAL RCRACITATION CITATION EQUIV. LESS MORE

WAC173·303- BROADER 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 subject to 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; see Endnote 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 DISPOSAL FACILITIES I

SUBPART A-GENERAL

PURPOSE, SCOPE, AND APPLICABILITY

4 change "owner and

operator" to "owner or

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: 12119101
DRAFT SPA 20

SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards

as of June 30, 1999 (cont'd) C~

STATE ANALOG IS:

CHECKUST ANALOGOUS STATE

FEDERAL REQUIREMENTS REFERENCE FEDERALRCRACITATION CITATION

EQUIV· LESS MORE

WAC173·303· STRIN- STRIN· BROADER

ALENT GENT GENT IN SCOPE

(4)"; change "that differently than

requirements of this 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

Subpart E 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 [later redesignated as 510(1 )(b)(i) X E of part 266 rather than 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 State has

incorporated

these

defmitions by

reference. The

only difference

is that the State

has stated that

the term

"hazardous

waste" means

X

Page 6 of83 USEDOIL DRAFTCONSOLIDATED CL.DOC - Revised: 8f27199

Printed: I2II9~1
•

DRAFT SPA 20

SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards

as ofJune 30, 1999 (cont'd)

STATEANALOG IS:

CHECKUST ANALOGOUS STATE

FEDERAL REQUIREMENTS REFERENCE FEDERALRCRACITATION CITATION

EQUIV- LESS MORE

WAC BROADER 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-yourselfer used 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

"petroleum refining 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: 12119/0I
DRAFT SPA 20

SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards c./.

as of June 30,1999 (cont'd) _

STATEANALOG IS:

CHECKliST ANALOGOUS STATE

FEDERALREQUIREMENTS REFERENCE FEDERALRCRACITATION CITATION U:SS MORE

WAC173-303- 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 subject to for two

regulation as used oil provisions) by

under Part 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

subject to 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 handler disposes 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 under Part

279, regardless of

whether it exhibits a 261

Subpart C 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 of used oil and

hazardous waste listed in 112 279.1O(b)(I)(i) 515(3) - ffiR X

261 Subpart D subject to

c

o

[)

Page 8 of83 USEDOIL DRAFTCONSOLIDATED CL.DOC- Revised: 8f27199

Printed: 12119/01
•

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 FEDERAL RCRACITATION CITATION LESS MORE REFERENCE WAC173-303- 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

•

•

Page 9 of 83 USEDOIL DRAFTCONSOUDATEDa..DOC - Revised: 8f27199

Printed: 12119101
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- ALENT IN SCOPE GENT GENT

mixtures of used oil and

hazardous waste that

solely exhibit one or more No analog. of the 261, Subpart C The State does hazardous waste

not allow any characteristics and mixture of mixtures of used oil and characteristic hazardous waste that are 112,122 279.lO(b)(2) X hazardous waste listed in subpart D solely and used oil to because they exhibit one be managed as

or more of the used oil. characteristics of

hazardous waste

identified in subpart C,

are subiect to:

except as

C 279.10(b)(2)(iii)

provides, regulation No analog. under Parts 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 under Part 279;

exception

• mixture is regulated

under Part 279 if waste

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

of ignitability -

112 279.10(b)(3) No analog. X • mixtures of used oil and

.,6

Page 10 of 83 USED OIL DRAFTCONSOLlDA1ED CL.DOC· Revised:8fl7199

Printed: 12119101
•

DRAFT SPA 20

. SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards

as ofJune 30, 1999 (cont'd)

STA1ll ANALOG IS:

CHECKliST ANALOGOUS STA1ll

FEDERAL REQUIREMENTS REFERENCE FEDERALRCRACITATION CITATION LESS MORE

WAC BROADER 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 under Part 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

under the 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 no

visible 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 of 83 USEDOIL DRAFf CONSOUDA1llD CL.DOC- Revised: 8f1.7199

Printed: 12/19101
DRAFT SPA 20

SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards

as of June 30,1999 (cont'd) 0

3,8

STATEANALOGIS:

CHECKLIST ANALOGOUS STATE

FEDERALREQUIREMENTS REFERENCE FEDERALRCRACITATION CITATION

EQUN- LESS MORE

WAC BROADER 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 or otherwise 122 279.10(c)(3) 515(3) - IBR X

contaminated with used

oil subiect to Part 279

515(3)

The remainder

of 279.10 was

incorporated by

reference

mixtures of used oil with without any

products 112 279.1O(d)

remaining

changes. The X 0

checklist entries

were deleted to

save space and

paper.

used oil containing PCBs;

marketers and burners 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 subject to

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

Page 12 of 83 USEDon.DRAFf CONSOLIDATED CL.DOC- Revised: 8f27199

Printed: 12119101
•

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

WAC173-303- BROADER 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 incorporated by .

279.82(c) reference. The

checklist entries

were deleted.

hazardous waste 122 279. 12(c)(3) 515(5) X incinerators subject to End of

Page 13 of 83 USEDOIL DRAfT CONSOLIDA'ffiD CL.DOC- Revised: Sn.7199

Printed: 12/19101
DRAFT 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 of 279.20

defmition of used oil through 279.24

generator; 279 Subpart C except for

112 X 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

yourselfer" used oil 112 279.20(a)( 1) 279.20(b)(5) X CJ

generators aremR. The

checklist entries

were deleted to

save space.

generators who dispose of 515(6) used oil must also comply 112 279.20(b)(5) EndofmR X

with Subpart I of Part 279

HAZARDOUS WASTE MIXING

No analog.

The State does

mixtures of used oil and not allow

hazardous waste must be 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 of 83 USEDon. DRAFT CONSOUDAlED CL.DOC- Revised:8f27199

Printed: 12119101
SPEC DRAFT SPA 20

IAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards

as ofJune 30, 1999 (cont'd)

CHECKLIST ANALOGOUS STATE

STATEANALoGIS:

FEDERAL REQUIREMENTS 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

incorporated by

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 kept closed

stored in underground and they must

X

tanks, whether or not the not be 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 of 279.22 are

other than tanks, 112

incorporated by

containers, or units 279.22(a) reference. The X

subject to Parts 264 or remaining

265 checklist entries

were deleted to

save space.

•

•

Page 15 of 83 USEDOILDRAFTCONSOLIDATEDCL.DOC- Revised: sn.7199

Printed: 12/19101
.,10

.,14

.,14

.,14

DRAFT SPA 20

SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards

as of June 30, 1999 (cont'd) ..

STATE ANALOG IS:

CHECKUSf ANALOGOUS SfATE

FEDERAL REQUIREMENTS REFERENCE FEDERAL RCRA CITATION CITATION LESS MORE

WAC 173·303- EQUIV- BROADER STRJN· STRJN- ALENT GENT GENT IN SCOPE

repair or replace 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 BURNING IN SPACE REATERS

generators may bum used 515(6) oil in used oil-fired space 112,122 279.23 IBR X

heaters if:

the heater bums only

used oil generated by the

owner/operator or , 112,122 279.23(a) 515(6) - IBR X received from household

do-it-yourself used oil

generators

the heater is designed to 0

have a maximum 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)

must ensure their used oil 112 279.24 All of 279.24 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 collected from

household do-ityourselfers to a used oil

collection center if: C)

Page 16 of 83 USED OIL DRAFT CONSOLIDATED CLDOC· Revised: 8f27199

Printed: 12119101
•

DRAFT SPA 20

SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards

as ofJune 30, 1999 (cont'd)

SfATE ANAWG IS:

CHECKLISf ANAWGOUSSfATE

FEDERAL REQUIREMENTS REFERENCE FEDERALRCRACITATION CITATION

EQUIV- l£SS MORE

WAC BROADER 173-303- STRIN- STRIN- ALENT GENT GENT IN SCOPE

the generator transports 112 279.24(a)(l) 515(6) - ffiR X

the used oil in a vehicle

owned by the generator or

by an employee of the

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

center that is registered,

licensed, permitted or 112 279.24(a)(3) 515(6) - ffiR X recognized by 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 USEDOIL DRAFTCONSOUDATED CL.OOC- Revised:8/27/99

Printed: 12119101
DRAFT SPA 20

SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards

as of June 30, 1999 (cont'd) C

STArn ANALOG IS:

CHECKUSr ANALOGOUS STATE

FEDERALREQUIREMENTS REFERENCE FEDERALRCRACITATION CITATION

EQUIV- LESS MORE

WAC 173-303- BROADER STR1N- STRIN- ALENT GENT GENT INSCOPE

the generator transports 112 279.24(b)(1) 515(6) - ffiR X

the used oil in a vehicle

owned by 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 greater than 55

gallons

provided

additional

requirements

are met.

the used oil to an

the generator transports C

aggregation point owned 112 279.24(b)(3) 515(6) - ffiR X

and/or operated by 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

under a contractual

agreement ("tolling 515(6)

arrangement") pursuant to 112 279.24(c) 279.24(c) is X

which the reclaimed oil is ffiR.

returned by the

processor/re-refiner to 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

FEDERAL REQUIREMENTS REFERENCE FEDERAL RCRACITATION CITATION LESS MORE

WAC 173-303- EQUIV- BROADER 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-YOURSELFER USED 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

Subpart C 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 greater than 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/recognized by a

state/county/municipal

Page 19 of83 USEDOIL DRAFTCONSOLIDATED CL.DOC- Revised: 8127/99

Printed: 12119101
DRAFT SPA 20

SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards

as of June 30, 1999 (cont'd) 0

STArn ANALOGIS:

CHECKLIST ANALOGOUSSTATE

FEDERAL REQUIREMENTS REFERENCE FEDERALRCRA CITATION CITATION

EQUIV. LESS MORE

WAC 173·303· BROADER STRIN- STRIN· ALENT GENT GENT INSCOPE

government to manage

used oil

USED OIL AGGREGATION POINTS OWNED BY THE GENERATOR

section applies to

owners/operators of used

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

SUBPART E - STANDARDS FOR USED OIL TRANSPORTER AND TRANSFER FACILITIES

APPLICABILITY 0

515(8)

defmition of used oil The State has

transporters; Subpart E 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) of used 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 of 83 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 ANALOGOUS srxrs

FEDERAL REQUIREMENTS 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

Subpart F of Part 279

transporters may conduct

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 complies

with the processor/rerefmer requirements in

Subpart F of Part 279

transporters of used oil

removed from oil bearing

electrical transformers

and turbines and filtered

by transporter or 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 subpart F

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 OIL DRAFTCONSOUDA"ffiDCL.DOC- Revised: 8f27199

Printed: 12119/01
12

13

DRAFT SPA 20

SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards

as of June 30, 1999 (cont'd) C~)

SfATE ANALOGIS:

CHECKLISf ANALOGOUS SfATE

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 oil transporter must

determine whether total 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 TRANSFER FACILITIES

used oil transporters are

also subject to applicable

Spill Prevention, Control

and Countermeasures (40

CPR Part 112); .

transporters are subject to

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 of June 30, 1999 (cont'd)

14

13

STATE ANALOG IS:

CHECKLIST ANALOGOUS STATE

FEDERAL REQUIREMENTS REFERENCE FEDERALRCRACITATION CITATION

EQUIV- LESS MORE

WAC BROADER 173-303- 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 of Part 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 USEDOIL DRAFTCONSOUDATEDCL.DOC- Revised: 8f27199

Printed: 11119/01
16

DRAFT SPA 20

SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards

as of June 30,1999 (cont'd) C'j

SfATEANALOG IS:

CHECKLISf ANALOGOUS SfATE

FEDERALREQUIREMENTS REFERENCE FEDERALRCRACITATION CITATION LESS MORE

WAC 173-303· EQUIV· BROADER 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. Subpart I 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

GENERAL FACILITY STANDARDS

16

owners/operators of used

oil 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

a provision at

515(9)(a) that

limits storage

on-site without

a permit to 90

days before

used oil and

other materials

managed under

this section

must be 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 WAC 173-303- EQUIV· BROADER 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

protect public

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 PRESUMPTION FOR USED OIL

owner/operator of 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 DRAFf CONSOUDATED CL.DOC· Revised: 8127/99

Printed: 12119/0I
DRAFT SPA 20

SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards

as ofJune 30,1999 (cont'd) C/~

SfATEANALOGIS:

CHECKLlSf ANALOGOUS SfATE

FEDERAL REQUIREMENTS REFERENCE FEDERALRCRACITATION CITATION LESS MORE

WAC BROADER 173-303- EQUIV- S'J'RIN- SfRlN- ALENT GENT GENT IN SCOPE

oils contaminated with ffiR of 279.53

chlorofluorocarbons

(CFCs) removed from

refrigeration units if the

CFCs are destined for

reclamation; presumption

does apply to CFCcontaminated used oils

mixed with used oil from

sources other than

refrigeration units

USED OIL MANAGEMENT

used oil processors/

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,

Subpart F, reauirements

owner/operator must

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 USEDOIL DRAfT 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 FEDERAL RCRACITATION CITATION

EQUlV- LESS MORE

WAC173-303- STRIN- STRIN- BROADER

ALENT GENT GENT IN SCOPE

ANALYSIS PLAN

owners/operators of used

oil processing 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 of 83 USEDOIL DRAFf CONSOLIDATEDCL.OOC- Revised: 8127199

Printed: 12119/01
17

•

DRAFT SPA 20

SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards

as of June 30, 1999 (cont'd) C~

STATEANALOG IS:

CHECKLIST ANALOGOUS STATE

FEDERAL REQUIREMENTS REFERENCE FEDERAL RCRACITATION CITATION EQUIV- LESS MORE

WAC BROADER 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, or re-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

incorporated C; except as ,--I

279.60(a)(1)&(2) specify, 279.60 through

279.67 by Subpart G 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 USEDOIL DRAFr CONSOUDATED CL.DOC- Revised: 8127199

Printed: 1211910I
DRAFT SPA 20

SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards

as 0 fJune 30 1999 ( , conCd)

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

checklist entries

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.

the burner

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 cannot be 112 279.80 279.82(a) by X recycled and are being reference. The

disposed checklist entries

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 USEDOIL DRAFr CONSOLIDATEDCL.DOC- Revised: 8/27199

Printed: 12119/01
DRAFT SPA 20

SPECIAL CONSOLIDATED CHECKLIST: Recycled Used Oil Management Standards

as of June 30, 1999 (cont'd) C)

SfATEANALOG IS:

CHECKUSf ANALOGOUS SfATE

FEDERAL REQUIREMENTS REFERENCE FEDERAL RCRACITATION CITATION

EQUIV· LESS MORE

WAC 173-303- BROADER SfRlN· STRIN- ALENT GENT GENT IN SCOPE

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

1 These changes correct an error in 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 yet promulgated 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 modified because 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 Cluster Vlll, in order to provide the correct revisions this Special Consolidated Checklist

includes the July 14, 1998 recommended revisions. Note that the July 14, 1998 rule did retain the May 6, 1998 change to

279.1O(i), which replaced "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 meant by 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 Register for 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 122 preserved 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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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 at 279.45(a): "subpart F of this chapter" should more

specifically say "subpart F of this part".

15 Revision Checklist 130 (March 4, 1994; 59 FR 10550) amended and redesignated the original 279.46(a)(5) introduced by

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" should be "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" .

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