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SPA 12

RCRA REVISION CHECKLIST 74

Toxicity Characteristic Revisions

55 FR 11798-11877

March 29, 1990

as amended on June 29, 1990, at 55 FR 26986-26998

(RCRA Cluster II)

Note: 1) A correction to the preamble of the March 29, 1990 rule was published on

August 2, 1990 (55 FR 3138.7). This notice corrected an implementation timetable and

extended the period of time within which affected small quantity generators must

comply with the new modification requirements. An August 10, 1990 (55 EB 32733)

notice corrected the August 2, 1990 notice .. On September 27, 1990, a clarification

to the March 29 final rule was published in the Federal Register (55 FR 39409)

regarding four implementation issues. The clarification did not affect the Federal

code addressed by this checklist. An interim final rule promulgated on October 5,

1990 (55 FR 40834) did affect the Federal code relevant to the Toxicity

Characteristic. A separate revision checklist (Revision Checklist 80) was developed

to address those changes effected by the interim final rule.

2) Two interim final rules (55 FR 40834; October 5, 1990 and 56 FR 3978; February

1, 1991) and a final rule (56 FR 13406; April 2, 1991) extended the compliance date

of the Toxicity Characteristic (TC) rule for certain hydrocarbon recovery and

remediation operations. This extension is addressed by Revision Checklist 80 .. Because a less stringent requirement than that imposed by the TC rule is in effect

until January 23, 1993, that Revision Checklist is optional. .

3) States are strongly encouraged to adopt the Permit Modifications rule (53 FR

37912; September 28, 1988; Revision Checklist 54) and the "Christmas Tree Rule" (54

FR 9596; March 7, 1989; Revision Checklist 61) to ease implementation of the

Toxicity Characteristic Rule and future waste listings. While both of these rules

are optional, they will greatly reduce the immediate permit burden resulting from

the TC rule.

FEDERAL

REQUIREMENT

FEDERAL

RCRA

CITATION

ANALOGOUS

STATE

CITATION

STATE ANALOG IS:

MORE BROADEQUIV- STRIN- ER IN

ALENT GENT SCOPE

EXCLUSIONS

PART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

SUBPART A - GENERAL

WAC 173-303

replace "characteristic

of EP toxicity" with "Toxicity Characteristic" 261.4(b)(6)(i)

replace "characteristic

of EP toxicity" with

"Toxicity Characteristic

solely for arsenic" 261.4(b)(9)

-072(5)

-071(3) (g)

x

x

• March 29, 1990 - Page 1 of 4
SPA 12

RCRA REVISION CHECKLIST 74: Toxicity Characteristic Revisions (cont'd)

'..

••

FEDERAL

REQUIREMENT

FEDERAL

RCRA

CITATION

ANALOGOUS

STATE

CITATION

STATE ANALOG IS;

MORE BROADEQUIV- STRIN- ER IN

ALENT GENT SCOPE

1 add new paragraph regulating petroleum- contaminated media

and debris that fail the

261.24 Toxicity Characteristic test and

are subject to Part 280 .

corrective action 26l,4(b)(10) -071(3) (t) x

PCB WASTES REGULATED UNDER TOXIC SUBSTANCE CONTROL ACT WAC 173-303

exemption for PCBcontaining wastes,

already regulated under Part 761

(TSCA), that fail the

261.24 Toxicity Characteristic test (0018

through 0043 only) 261.8 -07l(3)(k)(i) X

SUBPART C - CHARACTERISTICS OF HAZARDOUS WASTE

•

1

TOXICITY CHARACTERISTIC

remove "EP" before

"toxicity"; insert "using the methodology outlined in Appendix II"

after "after filtering"; change "purposes" to

"purpose" 261.24(a)

WAC 173-303

-090(8)(a)

-090(8)(b)&(c)

X

X

SUBPART 0 - LISTS OF HAZARDOUS WASTES

• March 29, 1990 - Page 2 of 4

GENERAL

replace "EP Toxic

Waste" in the hazard

codes and in the text

following the hazard

codes with "Toxicity

Characteristic Waste" 261.30(b)

WAC 173-303

no analog
SPA 12

RCRA REVISION CHECKLIST 74: Toxicity Characteristic Revisions (cont'd)

•

FEDERAL

REQUIREMENT

FEDERAL

RCRA

CITATION

ANALOGOUS

STATE

CITATION

APPENDIX II TO PART 261

STATE ANALOG IS;

MORE BROAD·

EQUIV- STRIN- ER IN

ALENT GENT SCOPE

2

METHOD 1311 TOXICITY CHARACTERISTIC

EP toxicity test PROcedures are replaced by Me thod 1311

Toxicity Charac t.existic Leaching Procedures (TCLP) Appendix II

LEACHING PROCEDURE (TCLP) WAC 173-303

-090(8)(a) X

PART 264 - STANDARDS FOR QWNERS AND OPERATORS OF HAZARDOUS

WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES

SUBPART N - LANDFILLS

DESIGN AND OPERATING REQUIREMENTS

replace "EP Toxicity Characteristics" with

"Toxicity Characteristics"; insert "with

EPA Hazardous

Waste Numbers D004

through D017"

after "chapter" 264,301(e)(l)

WAC 173-303

no exemption X

PART 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF

HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES

SUBPART K - SURFACE IMPOUNDMENTS

DESIGN REQUIREMENTS WAC 173-303

replace "EP Toxicity Characteristics" with

"Toxicity Characteristics"; insert "with EPA

Hazardous Waste

Numbers D004 through D017" after "chapter" 265,221(d)(l) -400(3) X

• March 29, 1990 - Page 3 of 4
SPA 12

RCRA REVISION CHECKLIST 74: Toxicity Characteristic Revisions (cont/d)

•

FEDERAL

REQUIREMENT

FEDERAL

RCRA

CITATION

ANALOGOUS

STATE

CITATION

STATE ANALOG IS:

MORE BROAD·

EQUIV- STRIN- ER IN

ALENT GENT SCOPE

SUBPART M - LAND TREATMENT

WASTE ANALYSIS WAC 173·303

replace "exceed" with

"equal or exceed";

replace "EP Toxicity Characteristic"

with "Toxicity Characteristic" 265.273(a) -400(3) x

I

-I

PART 268 - LAND DISPOSAL RESTRICTIONS

APPENDIX I TO PART 268

March 29, 1990 . Page 4 of 4

2 Because the June 29, 1990 (55 FR 26986) notice made extensive corrections to

Appendix II, Part 261, the Appendix in that notice should be used instead of the

one in the March 29, 1990 (55 FR 11798) notice.

3 As background, the TCLP was originally promulgated in 268, Appendix I, on

November 7, 1986 (51 FR 40572; Revision Checklist 34) for use in the Land

Disposal Restrictions (LOR) program to determine whether certain wastes require

treatment prior to land disposal and to determine whether certain treated wastes

meet the applicable treatment standards. The TC rule and its June 29, 1990

modification promulgated a revised TCLP at 261, Appendix II, with modifications

based on the Agency's own research and public comment. This TCLP is to be used

in both the TC and the LOR programs. The objective of the above footnoted

revision to 268, Appendix I, is to assure that the TCLP entered into the code by

the November 7, 1986 notice (51 FR 40572; Revision Checklist 34) is removed and

replaced by the TCLP entered into the code and amended by the final rules (55 FR

11798 and 55 FR 26986) addressed by Revision Checklist 74. The actual placement

of the TCLP within a State's code is not that important, per se; what is

important is that a State's code contains only the Revision Checklist 74 TCLP.

States that have not yet adopted Revision Checklist 34 (the first of the LOR

restrictions) need not make this particular revision to 268, Appendix I, as they would not yet have entered the original Part 268 TCLP into their code. Also, the

change on page 2 of this checklist for 261, Appendix II, assures that they add

the Revision Checklist 74 TCLP to their code. However, such States must be

careful when adding the LOR restrictions to their code, i.e., the Revision

Checklist 34 TCLP should not be added at that time--rather, the Revision

Checklist 74 TCLP should remain the only TCLP in their code. States using the

Consolidated LOR Checklist should be sure to read Footnote 40 on that checklist

regarding this issue .

corrections to the rule at 55 FR 26986 (June 29, 1990) .

LEACHING PROCEDURE (TCLP) WAC 173·303

·140(2)(a)

Appendix I not authorized for LOR's

TOXICITY CHARACTERISTIC

replace Appendix with

note stating the TCLP

is located in

Appendix II of

tart 261

3

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