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RCRA REVISION CHECKLIST 153: Conditionally Exempt Small

Quantity Generator Disposal Options under Subtitle D (cont'd)

RCRA REVISION CHECKLIST 153

Conditionally Exempt Small Quantity Generator

Disposal Options under Subtitle D

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 similar to 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 administer their 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 of wastes generated by CESQGs into Subtitle D landfills under their 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 letter that 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 must be true:

• •

•

•

the State must have provisions that are already authorized by EPA,

these provisions must be more stringent than the Subtitle C provisions in the final rule addressed by this

checklist and not allow the disposal of CESQG waste in Subtitle D landfills, and

the State must not change its authorized regulatory 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 promulgated pursuant to HSWA authority.

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July 1, 1996 - Page 1 of 3

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SPAtS

RCRA REVISION CHECKLIST 153: Conditionally Exempt Small

. Quantity Generator Disposal Options under Subtitle D (cont'd)

FEDERAL REQUIREMENTS 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 "or industrial 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

July 1, 1996 - Page 2 of 3

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C)

()
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RCRA REVISION CHECKLIST 153: Conditionally Exempt Small

Quantity Generator Disposal 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

July 1, 1996 - Page 3 of 3

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RCRA REVISION CHECKLIST 153: Conditionally Exempt Small

Quantity Generator Disposal 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 "or industrial 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 of this

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 subject to 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)

c

. July 1, 1996 - Page 4 of 3

c

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