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• SPA 20 RCRA REVISION CHECKLIST 169: PetroleumRefining Process Wastes (cont'd)
RCRA REVISION CHECKLIST 169

PetroleumRefining Process Wastes 63 FR 42110-42189 August 6, 1998 (RCRA ClusterIX, HSWAlNon-HSWA provisions)

Note: The revisions to 40 CPR 261.32, Part 261 Appendix VII, 268.35 and 268.40 are promulgated pursuant to HSWA. 

### These regulations become effective on the Federal effective date in all States. The revision to 40 CFR 266.100 is promulgatedpursuant to HSWA, but it is optional for adoption. The revisions to 40 CFR Part 261.3,261.4, and 261.6 are promulgated relative to non-HSWA authority. The non-HSWA revisions related to the exclusions from the definition of solid waste ofcertain oilbearing hazardous secondary material from petroleumrefining and certain recovered oils from associated petrochemicals are optional. The adc;lition of 40 CFR 261.4(a)(19) is a clarifying change and States are not required to make it because they do not need further authorization to interprettheir regulations in accordance with this clarification. Those provisions designated as HSWA are identified by a "." (diamond symbol) in this checklist.

STATE ANALOG IS: ANALOGOUS STATE fEDERAL REQUIREMENTS fEDERAL RCRA CITATION CITATION EQUN- LESS MORE BROADER WAC 173-303- STRIN- STRIN- ALENT GENT GENT IN SCOPE


### PART 261 - IDENTIFICATION AND USTING OFHAZARDOUS WASTE
SUBPART A-GENERAL DEFINITION OF HAZARDOUS WASTE



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t,l insert ", provided that the wastes

...separation" No analog after "§**261.32"~** 

### insert "crude oil The State does not storage tank 261.3(a)(2)(iv)(C) have these X deminimus sediment '" (EPA Hazardous Waste wastewater No. K172)" after exclusions. "(EPA Hazardous Waste No. KOSO)" 071(3)(p) replace"§ 

### The State's provision 261.6(a)(3)(iv) iswritten somewhat through(vi) "with "§ 

### 261.3(c)(2)(ii)(B) differently. Itcontains X 

### 261.6(a)(3)(iii) and thefederal caveat at (iv)" 261.3(c)(2)(ii)

### RCRA REVISION CHECKLIST 169: PetroleumRefining Process Wastes (contd) SPA 20



### t STATE ANALOG IS: ANALOGOUS STATE fEDERAL REQUIREMENTS FEDERALRCRA CITATION CITATION EQUIV- LESS MORE BROADER WAC 173-303- ALENT STRIN- STRIN- IN SCOPE GENT GENT add new subparagraph; catalyst inert supportmedia separatedfrom wastes 261.3(c)(2)(ii)(E) 071(3)(jj) X listed in § 261.32 - Spenthydrotreating catalyst and spent hydrorefming catalyst
EXCLUSIONS t,2 completelyrevise 261.4(a)(12) as 261.4(a)(12)(i)&(ii); oil-bearing hazardous secondary materials generated atpetroleum refmery and inserted into the refming process unless the material is placed on land or speculatively accumulatedbeforerecycled; noncharacteristic materials inserted into thermal cracking units; oilbearing hazardous secondary materials 261.4(a)(12)(i) 071(3)(cc)(i) X inserted into same refmery where generated, or sent directly to another refmery; oil-bearing hazardous secondary materials generated elsewhere in petroleum industry are not excluded; residuals generated from materials excluded under 261.4(a)(l2)(i) that would have otherwise met listing under261

. subpartD, are designated as F037 

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t SPA 20 RCRA REVISION CHECKLIST 169: PetroleumRefining Process Wastes (cont'd)

STATEANALOG IS: ANALOGOUS STATE FEDERALREQUIREMENTS FEDERAL RCRA CITATION CITATION EQUIV- LESS MORE BROADER WAC 173-303- S1RIN· S1RIN- ALENT GENT GENT IN SCOPE listed wastes when disposed of or intended for disposal
recovered oil recycled in same manner and conditions as in 261.4(a)(12)(i); recovered oil is oil reclaimed from secondary materials generated from normal petroleum industry practices; recovered 261.4(a)(l2)(ii) 071(3)(cc)(ii) X oil does not include oil-bearing hazardous wastes listed in 261 subpart D, however, oil recovered from such wastes may be considered recovered oil; recovered oil does not include used oil as defined in 279.1
add new paragraph; petrochemical recovered oil from associated organic chemical 261.4(a)(l8) 071 (3)(hh) X manufacturing facility,

, where oil is inserted into refining process with normal process streams provided: oil is hazardous only because it exhibits characteristic of 261.4(a)(18)(i) 071 (3)(hh)(i) X ignitability and/or toxicity for benzene; and oil generated is not placed on land or speculatively 261.4(a)(l8)(ii) 071(3)(hh)(ii) X accumulated before recycled; definitions

### RCRA REVISION CHECKLIST 169: PetroleumRefining Process Wastes (cont'd) SPA 20

REQUIREMENTS FOR RECYCLABLE MATERIALS 

# o STATE ANALOG IS: ANALOGOUS STATE FEDERAL REQUIREMENTS FEDERALRCRA CITATION CITATION EQUIV- LESS MORE BROADER WAC 173-303- STRIN- STRIN- ALENT GENT GENT IN SCOPE of "associated organic chemical manufacturing facility"and "petrochemical recovered oil" add new paragraph; spent caustic solutions 071(3)(ii) from petroleum Note: The reference refming liquid treating to 261.1(c) is, more processes used as feedstock to produce specifically to cresylic or naphthenic 261.4(a)(l9) 261.1(c)(8). The X acid unless material is State's analog to the placed on land or cross site is, more accumulated specifically, speculatively as 

## o16(5)(d)(ii) defmed in 261.1(c) 

### t

t at end of paragraph, replace ": and" with a 261.6(a)(3)(iv)(C) period 120(2)(a)(viii)(c) X

t,2 remove 261.6(a)(3)(v) Removed X
SUBPART D - LISTS OF HAZARDOUS WASTES
HAZARDOUSWASTES FROMNON-SPECIFIC SOURCES t,3 revise entry for F037; remove colon after "those generated in"; replace period with a comma after "receiving dry weather flow"; use lower case with "Sludge"; add
new sentence to end of 261.3l(a) description regarding the inclusion of excluded residuals generated from processing or recycling oil-bearing hazardous'secondary materials if to be 9904 The State's analog is equivalent. The State did not make the punctuation changes since the entry is clear as written and the punctuation changes did not change the meaning of this provision. X 

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# • SPA 20 RCRA REVISION CHECKLIST 169: Petroleum Refining Process Wastes (cont'd)

STATEANALOG IS:
FEDERALREQUIREMENTS disposed FEDERALRCRACITATION ANALOGOUS STATE CITATION WAC173-303- EQUIVALENT LESS MORESTRIN- STRINGENT GENT BROADER IN SCOPE

HAZARDOUS WASTES FROM SPECIFIC SOURCES • add following waste streams to subgroup "Petroleumrefining", in alphanumeric order Industry and EPA hazardous waste No.
Petroleumrefining: 261.32 9904

Hazardous Waste 

# x

Hazard code



# • K169 Crude oil storage tank sediment from petroleumrefining operations 

## (n K170 Clarified slurry oil tank sediment and/orin-line filter/separation solids from petroleumrefining operations



### ......................·····.··(n K171 Spent Hydrotreating catalyst from petroleumrefining operations, including guardbeds used to desulfurize 

## n.n feeds to other catalytic reactors (this listing does not include inert support media). KI72 Spent Hydrorefining catalyst from petroleumrefining operations. including guardbeds used to desulfurize 

## (I.n feeds to other catalytic reactors (this listing does not include inert support media).

APPENDIX VII TO PART 261
BASIS FOR LISTING HAZARDOUS WASTE • add to appendix in alphanumeric order, the following waste 261 Appendix VII streams to subgroup "Petroleumrefining" 082(4) 

# x

EPA hazardous waste No. Hazardous constituents for which listed



# • KI69 Benzene. KI70 Benzotajpyrene, dibenz(a,h)anthracene. benzotaranthracene, benzofbjfluoranthene, benzofkjfluoranthene, 3- KI71 Benzene. arsenic. K172 Benzene. arsenic.

PART 266

- STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES
SUBPART H - HAZARDOUS WASTE BURNED IN BOILERS AND INDUSTRIALFURNACES
APPLICABll...ITY

• ,t,l,2 replace "261.6(a)(3)(iv) through (vi)" with 266.100(b)(3) No analog The State has notSTAlE ANALOG IS: ANALOGOUS STAlE FEDERALREQUIREMENTS FEDERALRCRA CITATION CITATION EQUN- LESS MORE BROADER WAC 173-303- STRIN- STRIN- ALENT GENT GENT IN SCOPE "261.6(a)(3)(iii) and adopted Part 266 (iv)" subpart H for BIF 

### RCRA REVISION CHECKUST 169: PetroleumRefining Process Wastes (cont'd)

PART 268 - LAND DISPOSALRESTRICTIONS
SUBPART C - PROHIBmONS ON LAND DISPOSAL
WASTE SPECIFIC PROHIBmONS-PETROLEUM REFINING WASTES 

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.,4 add new paragraph; effective February 8, 1999, wastes K169- K172, soils and debris contaminated with these wastes, radioactive wastes mixed with these 268.35(a) wastes, and soils and debris contaminated with radioactive wastes mixed with these wastes are prohibited from land disposal 140(2)(a) 40 CPR 268 is incorporated by reference. The X remaining checklist entries were deleted to save space. 

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SUBPARTD - TREATMENT STANDARDS
APPLICABILITY OF TREATMENT STANDARDS • ,5 add in alphanumeric order new entries for K169, K170, K171, 268.40rrable and K172 as shown at 63 PR42187 End ofIBR X



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### The internal reference to "§261.6(a)(3)(iv) through (vi)", as affected byRevision Checklist 135, was incorrect in the July 1, 1997, CPR. The reference should have been "§261.6(a)(3)(ili) through (y)" 

### to correctly correspond to the deletion of subparagraphs in 40 CPR 261.6(a)(3) by Revision Checklists 112, 135, and 142B. Not all ofthese checklists made the corresponding changes to the internal references at 40 CPR 261.3(c)(2)(ii)(B) or 266.100(b)(3); therefore, theinternal reference has remained incorrectin the CPR since July 1, 1993. Revision Checklist 169 subsequently corrects the internal references at both provisions to also reflect the removal of40 CPR 261.6(a)(3)(v).

The optional revision ofthe exclusion at 40 CPR 261.4(a)(12)(i)&(ii) replaces the provision at 40 CPR 261.6(a)(3)(v) causing this laterprovision to be removed; therefore, these changes should be adopted together. States should be aware that adoption of the removal of 40 CPR 261.6(a)(3)(v)

# • SPA 20 RCRA REVISION CHECKLIST 169: Petroleum Refining Process Wastes (cont'd)

without the adoption of the revisions to 40 CFR 261.4(a)(12)(i)&(ii) would make the State potentially broader-in-scope than the Federal requirements. The correction ofthe internal reference to"261.6(a)(3)(iv) through (vi)" at 40 CFR 261.3(c)(2)(ii)(B) is also optional but shouldbe made if the revisions to 40 CFR 261.4(a)(12)(i)&(ii) are adopted. Although the revision of the internal reference at 40 CPR 266.100(b)(3) is made pursuantto HSWA authority, it is also optional since the revision should be made only if the revisions to 40 CFR 261.4(a)(12)(i)&(ii) are adopted.

3 

### This change is conditionally optional. If

### a State chooses to make the optional changes at 40 CFR 261.4(a)(l2), it needs to make this change as well.

4 

### The 199740 CPR reprints 40 CFR 268.35 (which was removedby the rule addressedby Revision Checklist 157), and includes anote that the section has been removed effective August 11, 1997 (62 FR 26022,5/12/97). Since it was promulgated after the effective date ofthe removal, Revision Checklist 169 adds a new 40 CFR 268.35.



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• 5 

### Note that the August 6, 1998 rule (Revision Checklist 169) republished the appropriate footnotes to the Table of Treatment Standards at 40 CFR 268.40 withoutchange .