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SPA 20

RCRA REVISION CHECKLIST 169: Petroleum Refining Process Wastes (cont'd)

RCRA REVISION CHECKLIST 169

Petroleum Refining Process Wastes

63 FR 42110-42189

August 6, 1998

(RCRA Cluster IX, 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 promulgated pursuant 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 of certain oilbearing hazardous secondary material from petroleum refining 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 interpret their

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 OF HAZARDOUS WASTE

SUBPART A-GENERAL

DEFINITION OF HAZARDOUS WASTE

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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) is written somewhat

through(vi) "with "§ 261.3(c)(2)(ii)(B) differently. It contains X

261.6(a)(3)(iii) and the federal caveat at

(iv)" 261.3(c)(2)(ii)
RCRA REVISION CHECKLIST 169: Petroleum Refining Process Wastes (contd)

SPA 20

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STATE ANALOG IS:

ANALOGOUS STATE

fEDERAL REQUIREMENTS FEDERAL RCRA CITATION CITATION

EQUIV- LESS MORE BROADER WAC 173-303-

ALENT STRIN- STRIN- IN SCOPE GENT GENT

add new

subparagraph; catalyst

inert support media

separated from wastes 261.3(c)(2)(ii)(E) 071(3)(jj) X listed in § 261.32 -

Spenthydrotreating

catalyst and spent

hydrorefming catalyst

EXCLUSIONS

t,2 completely revise

261.4(a)(12) as

261.4(a)(12)(i)&(ii);

oil-bearing hazardous

secondary materials

generated at petroleum

refmery and inserted

into the refming

process unless the

material is placed on

land or speculatively

accumulated before

recycled; 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 under 261 .

subpart D, are

designated as F037

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SPA 20

RCRA REVISION CHECKLIST 169: Petroleum Refining Process Wastes (cont'd)

STATE ANALOG IS:

ANALOGOUS STATE

FEDERAL REQUIREMENTS 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: Petroleum Refining Process Wastes (cont'd)

SPA 20

REQUIREMENTS FOR RECYCLABLE MATERIALS o

STATE ANALOG IS:

ANALOGOUS STATE

FEDERAL REQUIREMENTS FEDERAL RCRA 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)

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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 FROM NON-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

C)
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RCRA REVISION CHECKLIST 169: Petroleum Refining Process Wastes (cont'd)

STATEANALOG IS:

FEDERALREQUIREMENTS

disposed

FEDERALRCRACITATION

ANALOGOUS STATE

CITATION

WAC173-303- EQUIVALENT

LESS MORE

STRIN- STRINGENT GENT

BROADER

IN SCOPE

HAZARDOUS WASTES FROM SPECIFIC SOURCES

• add following waste

streams to subgroup

"Petroleum refining",

in alphanumeric order

Industry and EPA

hazardous waste No.

Petroleum refining:

261.32 9904

Hazardous Waste

x

Hazard

code

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K169 Crude oil storage tank sediment from petroleum refining operations (n

K170 Clarified slurry oil tank sediment and/or in-line filter/separation solids from petroleum refining operations

......................·····.··(n

K171 Spent Hydrotreating catalyst from petroleum refining operations, including guard beds used to desulfurize

n.n

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

KI72 Spent Hydrorefining catalyst from petroleum refining operations. including guard beds 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

"Petroleum refining"

082(4) x

EPA hazardous waste No. Hazardous constituents for which listed

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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 INDUSTRIAL FURNACES

APPLICABll...ITY

• ,t,l,2 replace

"261.6(a)(3)(iv)

through (vi)" with

266.100(b)(3) No analog

The State has not
STAlE ANALOG IS:

ANALOGOUS STAlE

FEDERAL REQUIREMENTS FEDERAL RCRA 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: Petroleum Refining Process Wastes (cont'd)

PART 268 - LAND DISPOSAL RESTRICTIONS

SUBPART C - PROHIBmONS ON LAND DISPOSAL

WASTE SPECIFIC PROHIBmONS-PETROLEUM REFINING WASTES

SPA 20

r .

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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. o

SUBPART D - 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 by Revision 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 of these checklists made the corresponding changes to the internal

references at 40 CPR 261.3(c)(2)(ii)(B) or 266.100(b)(3); therefore, the internal reference has

remained incorrect in the CPR since July 1, 1993. Revision Checklist 169 subsequently corrects the

internal references at both provisions to also reflect the removal of 40 CPR 261.6(a)(3)(v).

The optional revision of the exclusion at 40 CPR 261.4(a)(12)(i)&(ii) replaces the provision at 40

CPR 261.6(a)(3)(v) causing this later provision 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)
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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 of the internal reference

to"261.6(a)(3)(iv) through (vi)" at 40 CFR 261.3(c)(2)(ii)(B) is also optional but should be 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 pursuant to 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.

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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.

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The 199740 CPR reprints 40 CFR 268.35 (which was removed by the rule addressed by Revision

Checklist 157), and includes a note that the section has been removed effective August 11, 1997 (62

FR 26022,5/12/97). Since it was promulgated after the effective date of the removal, Revision

Checklist 169 adds a new 40 CFR 268.35.

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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 without change .