RCRA REVISION CHECKLIST 179

SPA 20

RCRA REVISION CHECKLIST 179: Land Disposal Restrictions Phase IV -- Technical Corrections

and Clarifications to Treatment Standards (cont'd)

•

Land Disposal Restrictions Phase IV -- Technical Corrections

and Clarifications to Treatment Standards

64 FR 25408-25417

May 11,1999

(RCRA Cluster IX, HSWA1non-HSWA provisions)

Note that the revisions to 262.34(d)(4), 268.2(h), 268.2(k), 268.7(a)(4)/table, 268.7(b)(3)(ii)/Table,

268.7(b)(4)(iv), 268.9(d)(2) intro, 268.9(d)(2)(i), 268.40(i), 268.400), 268.40/Table, 268.48(a)/Table,

268.49(c)(3) intro, 268.49(c)(3)(A)&(B) were made pursuant to HSWA. The revisions to 261.2«(:)(3),

261.2(c)(4)/Table, 261.2(e)(I)(iii), first paragraph 261.4(a)(16), 261.4(a)(l7) introductory paragraph,

261.4(a)(17)(v), and 261.4(b)(7)(iii)&(iii)(A) were made relative to non-HSWA authority. Those provisions

designated as HSWA are identified by a " ." (diamond symbol) in this checklist.

•

STATEANALOG IS:

FEDERAL REQUIREMENTS FEDERALRCRACITATION ANALOGOUS STATECITATION

WAC LESS MORE 173-303- EQUIV- STIUN- STRIN- BROADER

Al£NT GENT GENT IN SCOPE

PART261-IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

SUBPART A - GENERAL

DEFINITIONOF SOLID WASTE

•

I

016(5)(c)

The State rule is more

stringent. It does not

replace both contain references to

referencesto "40 CFR 261.2(c)(3) the citation noted in X 261.4(a)(l5)" to "40 the federal rule since

CFR 261.4(a)(17)" the State rule does not

include the mineral

processing secondary

materials exclusion.

016 Table 1

in heading of column The State Rule does

3 of Table 1 replace 261.2(c)(4)ffable not include the X "261.4(a)(l5)" with exclusion noted above

"261.4(a)(l7)" and thus is more

strin2ent.

reinsert language at 017(2)(a)(iii)

beginning of The State rule is more

paragraph: "Returned stringent since it does

to the original 261.2(e)(I)(iii) not include the X

process....no reference to the

placement on land; in mineral processing

the existing sentence secondary materials

replace reference to exclusion (nor the
SPA 20

RCRA REVISION CHECKLIST 179: Land Disposal Restrictions Phase N -- Technical Corrections

and Clarifications to Treatment Standards (cont'd)

STATEANALOG IS:

FEDERALREQUIREMENTS FEDERALRCRAerrsTION ANALOGOUS SfATECITATION

WAC173·303· EQUN· LESS MORE BROADER

ALENT SfRIN- SfRIN· IN SCOPE GENT GENT

"§ 261.4(a)(15)" with exclusion itself).

"§ 261.4(a)(17)"

EXCLUSIONS

..••

2,3, t*

2,t*

t*

redesignate first The State is more

paragraph first paragraph stringent because it X 261.4(a)(16) as 261.4(a)(16) does not include this

261.4(a)(17) exclusion.

insert "or by The State is more

beneficiation" after 261.4(a)(17) intro stringent because it X "by mineral does not include this

processing" exclusion.

The State is more

insert "non" before 261.4(a)(17)(v) stringent because it X "land-based units" does not include this

exclusion.

insert "or with The State is broader in normal mineral scope because it does processing raw

materials" after 261.4(b)(7)(iii) not include this (the X

"beneficiation raw Bevill) exclusion for

materials" mining wastes.

insert "or normal The State is broader in mineral processing scope because it does raw materials after 261.4(b)(7)(iii)(A) not include this (the X

"beneficiation raw

materials" Bevill) exclusion.

()

PART 262 - STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE

SUBPART C - PRE-TRANSPORT REQUIREMENTS

ACCUMULAnON TIME

.,t*

replace reference "40

CFR 268.7(a)(4)" with 262.34(d)(4)

"40 CFR 268.7(a)(5)"

201(2)

This citation refers to

200, which includes

the specific analogous

citation at 200(1)(f)

X
•

SPA 20

RCRA REVISION CHECKLIST 179: Land Disposal Restrictions Phase IV -- Technical Corrections

and Clarifications to Treatment Standards (cont'd)

PART 268 - LAND DISPOSAL RESTRICTIONS

SUBPART A - GENERAL

DEFINITIONS APPLICABLE IN THIS PART

• ,t*at end of paragraph

add "Any deliberate

mixing of prohibited

hazardous waste with

debris that changes its

treatment

classification (i.e.,

from waste to

hazardous debris) is

not allowed under the

dilution prohibition in

§ 268.3."

268.2(h)

140(2)(a)

Part 268 is

incorporated by

reference. The

checklist entries were

deleted to save space

and paper.

x

ALTERNATIVE LOR TREATMENT STANDARDS FOR CONTAMINATED SOIL

268.49(c)(3)(B) End offfiR. x

replace "method

specified" with

"method(s) specified"

t * Conditionally optional. While the provisions indicated were optional when first added to the

CFR, States which have chosen to adopt them must also adopt the subsequent revisions. The

revisions, therefore, are considered conditionally optional.

The May 26, 1998 (CL 1670) rule inadvertently removed the provision language at § 261.2(e)(l)(iii) and replaced it

with the additional language which was intended to be added at the end of the paragraph. The original language has

been reinserted by Revision Checklist 179 at the beginning of the paragraph, and the May 26,1998 (CL 1670)

addition (now the last sentence of the provision) has been revised to indicate the correct internal reference.

2

Paragraph 261.4(a)(l6) was added by 63 FR 28556 (May 26, 1998, Revision Checklist 167). A second paragraph

261.4(a)(16) was added in error by the 63 FR 33782 (June 19, 1998, Revision Checklist 168) rule. The first paragraph

261.4(a)(l6) was redesignated by the May 11, 1999 (64 FR 25408, Revision Checklist 179) rule as 261.4(a)(17).

3

A typographical error exists at the redesignated § 261.4(a)(l7)(iii). The internal reference "paragraph (a)(15)(iv)"

should be "paragraph (a)(l7)(iv)".

•