# • RCRA REVISION CHECKLIST 153: Conditionally Exempt Small Quantity GeneratorDisposal Options under Subtitle D (cont'd)
RCRA REVISION CHECKLIST 153 Conditionally Exempt Small Quantity Generator Disposal Options under SubtitleD 61 FR 34252-34278 July 1, 

### 1996 (RCRA Cluster

### VII,HSWA provisions) 

### SPAtS

States with authorized RCRA programs may have already adopted requirements under State law similarto the provisions addressed by this checklist; however, these States are not authorized to implement these requirements in lieu of

### EPA until the State modification has been approved. (As indicated in the checklist, only the changes to §261.5 will be assessed against the Federal program.) States with such existing standards may continue to administertheir standards as a matter of State law, but they need to seek authorization for these provisions. States, whose requirements are more stringent and do not allow the disposal ofwastes generated by CESQGs into Subtitle D landfills undertheir existing authorized Subtitle D program, would not be required to revise their programs and obtain authorization for the revisions to §261.5. Instead, the State should inform their EPA Regional Office by letterthat for this final rule they are not required to submit an application because the State provision currently in effect is more stringent than the requirement authorized in the July 1, 1996 (61 FR 34252) final rule. I For a State not to be required to submit a revision authorization application for this checklist, the following mustbe true: 

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### • the State must have provisions that are already authorized by EPA, these provisions mustbe more stringent than the Subtitle C provisions in the final rule addressed by this checklist and not allow the disposal ofCESQG waste in Subtitle D landfills, and the State must not change its authorizedregulatory language.

Because the provisions in such States are more stringent than those addressed by this checklist, they would continue to apply in that State, even though the Federal provisions are promulgatedpursuant to HSWA authority

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### SPAtS RCRA REVISION CHECKLIST 153: Conditionally Exempt Small

. Quantity GeneratorDisposal Options under SubtitleD (cont'd)

FEDERALREQUIREMENTS FEDERALRCRACITATION ANALOGOUS STATE CITATION STATEANALOGIS:

WAC 173-303- EQUIV- LESS MORE BROADER ALENT STRlN- STRJN- IN SCOPE GENT GENT PART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTES
SUBPART A - GENERAL
SPECIAL REQUIREMENTS FOR HAZARDOUS WASTE GENERATED BY CONDITIONALLY EXEMPT SMALL QUANTITY GENERATORS
remains unchanged 261.5(f)(3) intro 070(8)(b) and (b)(iii) 

### X even though included The State uses the in this rule term "small quantity generator instead of the federal term "conditionally exempt small quantity generator"

. remains unchanged 261.5(f)(3)(i)-(iii) 070(8)(b)(iii)(A) and X even though included (B) in this rule replace "orindustrial 261.5(f)(3)(iv) 070(8)(b)(iii)(E) 

### X solid waste" with The State added a "solid waste and, if managed in a reference to the State's Criteria for municipal solid waste municipal solid waste landfill is subject to Part 258 ofthis landfills, chapter 173- chapter" 351 WAC.

The words" by a State" are not in the state analog, but they
are implied and that is how we will implement it. redesignate 261.5(f)(3)(v) 070(8)(b)(iii)(F) 

### X 261.5(f)(3)(v), as 261.5(f)(3)(vi); add new paragraph 261.5(f)(3)(v) regarding facilities that are permitted, licensed, or registered

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• RCRA REVISION CHECKLIST 153: Conditionally Exempt Small Quantity GeneratorDisposal Options under Subtitle D (cont'd)

FEDERAL REQUIREMENTS FEDERAL RCRACITATION ANALOGOUS STATECITATION STATE ANALOGIS:

WAC 173-303- EQUIV- LESS MORE BROADER ALENT STRJN- STRJN- IN SCOPE GENT GENT by a State to manage non-municipal non-hazardous waste that is subject to 257.5 through 257.30 former 261.5(f)(3)(v) 261.5(f)(3)(vi) 070(8)(b)(iii)(D) X becomes Worded slightly 261.5(f)(3)(vi) differently, however, the meaning is the same. The State has combined this and the following two provisions into one provision.
former 261.5(f)(3)(vi)(A)&(B) 070(8)(b)(iii)(D) X 261.5(f)(3)(v)(A)&(B) See previous entry. become 261.5(f)(3)(vi)(A)&(B ) former 261.5(f)(3)(vi) 261.5(f)(3)(vii) 070(8)(b)(iii)(H) X becomes 261.5(f)(3)(vii) remains unchanged 261.5(g)(3) intro 070(8)(b)(iii) X even though included The State does not in this rule have two separate requirements for acute hazardous waste and hazardous waste as the federal rule does. These two types of waste are covered in the same provisions in the State rule; thus, these citations are identical to those above and the rationale given applies to these requirements as well. remains unchanged 261.5(g)(3)(i)-(iii) 070(8)(b)(iii)(A) & X 

### SPA 18

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### RCRA REVISION CHECKLIST 153: Conditionally Exempt Small Quantity GeneratorDisposal Options under Subtitle D (cont'd) SPA 

### 18

FEDERALREQUIREMENTS FEDERALRCRA CITATION ANALOGOUS STArn CITATION STATEANALOG IS:

WAC 173-303- EQUIV- LESS MORE BROADER ALENT STRIN- STRIN- IN SCOPE GENT GENT even though included (B) in this rule replace "orindustrial 261.5(g)(3)(iv) 070(8)(b)(iii)(E) X solid waste" with "solid waste and, if managed in a municipal solid waste landfill is subject to Part 258 ofthis chapter" redesignate 261.5(g)(3)(v) 070(8)(b)(iii)(F) X 261.5(g)(3)(v), as 261.5(g)(3)(vi); add
new paragraph 261.5(g)(3)(v) regarding facilities that are permitted, licensed, or registered by a State to manage non-municipal non-hazardous waste that is subjectto 257.5 through 257.30 former 261.5(g)(3)(v) 261.5(g)(3)(vi) 070(8)(b)(iii)(D) X becomes 261.5(g)(3)(vi)
former 261.5(g)(3)(vi)(A)&(B) 070(8)(b)(iii)(D) X 261.5(g)(3)(v)(A)&(B ) become 261.5(g)(3)(vi)(A)&( B) former 261.5(g)(3)(vi) 261.5(g)(3)(vii) 070(8)(b)(iii)(H) X becomes 261.5(g)(3)(vii) 

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