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SPA 20

RCRA REVISION CHECKLIST 175

HWIR-Media

63 FR 65874-65947

November 30, 1998

(RCRA Cluster IX, HSWNnon-HSWA provisions)

Notes: 1) While not included in this revision checklist, this rule adds new requirements to Part 271. Specifically,

it adds the procedures for a State to receive authorization for rules listed as acceptable for abbreviated application

requirements.

2) The revisions to 40 CFR 260.10, 264.1U) intro, 264.101(d), 264.552(a), 264.553(a), 264.554, 265.1(b),

268.2(c), 268.50(g), 270.2, 270.42 Appendix I, and 270.230(e)(l) were promulgated pursuant to HSWA. Because

these provisions are not more stringent, they are immediately effective only in those States not authorized for the

base RCRA program. The revisions to 40 CFR 261.4(g), 264.1U)(l}-(13), 264.73(b)(l7), 270.11(d), 270.68,

270.73(a), and Part 270 Subpart H (except 270.230(e)(l» were promulgated relative to non-HSWA authority. The

264.1(j) introductory paragraph is also a non-HSWA provision to theextent that it addresses the requirements that

remediation waste management units can meet in lieu of 40 CFR Part 264, Subparts B, C and D. Those provisions

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

3) Revision Checklist 121 added 40 CFR 264, Subpart S addressing Corrective Action Management

Units (CAMUs) and Temporary Units. The 'rule addressed by that checklist limited the use of CAMUs

and Temporary Units to remedies under 40 CFR 264.101 or RCRA §3008(h) (corrective action). The

rule addressed by Revision Checklist 175 expands the availability for use of these units to permitted

facilities that are not subject to 40 CFR 264.101. States may be authorized for Revision Checklist 175

without being authorized for Revision Checklist 121 if the authorization, relative to the use of CAMUs

and Temporary Units, is limited to permitted facilities that are not subject to 40 CFR 264.101. This

limitation needs to be addressed in Section XV (BE) of the Attorney General's Statement. At that entry,

the State should also cite its analogs to 40 CFR 260.10 ("disposal facility", "landfill", "miscellaneous

unit", and "remediation waste"), 264.552(b)-(h), 264.553(b)-(g), 265.1(b), 268.2(b), 270.2 ("disposal

facility"), and 270.42, Appendix I. These other provisions need to be cited by the State and reviewed by

the Region to assure that all of the design and operating requirements for CAMUs and Temporary Units

are included in the State's regulations and authorized. In the "Remarks of the Attorney General", the

State's Attorney General must include a statement that, relative to 40 CFR 264, Subpart S, the State is

not seeking authorization for the corrective action uses of CAMUs and Temporary Units. If the State is

also not authorized for Revision Checklist 17L (Corrective Action), the State should also limit the use,

and in tum the authorization, of staging piles in a similar fashion.

November 30, 1998 - Page 1 of 35 CL175,wp - Revised: 9/25/99

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RCRA REVISION CHECKLIST 175: HWIR-Media (cont'd)

SPA 20

STATE ANALOGIS:

FEDERALREQUIREMENTS FEDERAL RCRA errAnON ANALOGOUS STATE errAnON

WAC 173-303- EQUN- LESS MORE BROADER

ALENT STRIN- STRIN· IN SCOPE GENT GENT

PART 260 - HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL

SUBPART B - DEFINITIONS

DEFINITIONS

t. • remove "266, 268, and 260.1O(intro) 040 X 270 through"

t, .,1 replace existing 040, "corrective action

defmition of "corrective management unit

action management unit 260.10 "corrective (CAMU)."

or CAMU' with new action management unit The State's defmition X

definition of "corrective (CAMU)" is equivalent;

action management unit however, it is worded

(CAMU)" slightly differently.

t, • 04~."cleanup only fac It ." add third defmition The State added this

numbered "(3)", a 0 dh/inition instead of a

3 defmition of

remediation waste faciliR;' The State's

management site is not defini ion is worded

slightly differently facility subject to 260.10 "facility" than tlie federal X

264.101, but is subject defmition; however, it

is equivalent.

to corrective action if 646(1)~) The state site is located within noted t at corrective

such facility action requirements do

not aF,pl?p9 "cleanup- only aClltIes".

t. • 040, "miscellaneous

unit."

replace "40 CPR part The State's defmition

146" with "part 146 of also includes

this chapter"; remove "temporary unit";

"or" prior to "unit 260.10 "miscellaneous however the definition X eligible"; insert "a" prior unit" is equivalent because

to "research"; replace "§ the federal defmition

270.65" with "40 CPR also does not allow a

270.65, or staging pile" tank or container. The

State is just more

specific.

t, • replace ", which" with

C "that" after "debris";

replace "which" with 260.10 "remediation 040, "remediation X "that" prior to waste" waste".

"themselves"; remove

"waste" after "exhibit a

November 30, 1998 - Page 2 of 35 CLl75.wp • Revised: 9125199

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SPA 20

RCRA REVISION CHECKUST 175: HWIR-Media (cont'd)

• STATEANALOG IS:

FEDERAL REQUIREMENTS FEDERAL RCRAerrATlON ANALOGOUS STATECITATION

WAC 173-303- LESS MORE EQUlV- STRIN- STRJN- BROADER

ALENT GENT GENT INSCOPE

hazardous"; replace ",

that" with "and" after

"characteristic"; remove

"the purpose of' prior to

"implementing"; replace

"implementing

corrective" with

"implementing

cleanup"; delete

remainder of text

beginning with "action

requirements..."

t, • 040, "cleanup only

facility" .

add "remediation waste 260.10 "remediation The State's definition X

management site" waste management site" is worded slightly

differently; however,

it is equivalent.

• t, • 040, "staging pile."

The State's definition

is worded slightly

add "staging pile" 260.10 "staging pile" differently than the X

federal defmition;

however, it is

equivalent.

PART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

SUBPART A - GENERAL

EXCLUSIONS

t add new paragraph;

dredged material subject

to permit issued under

the Federal Water 071(3)(11)(i) through Pollution Control Act or

section 103 of Marine (iii). The State analog

Protection, Research, 261.4(g) intro is worded slightly X

and Sanctuaries Act of differently; however it

1972 is not hazardous is equivalent.

waste; for 261.4(g),

• following definitions

apply:

t dredged material has the 261.4(g)(l) 071(3)(11), first line. X same meaning as

November 30,1998 - Page 3 of 35 CLl7S.wp - Revised: 9f1.Sf99

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RCRA REVISION CHECKLIST 175: HWIR-Media (cont'd)

SPA 20

t

STATE ANALOGIS:

FEDERAL REQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATECITATION

WAC 173-303- LESS MORE EQUIV- BROADER STRJN- STRIN- ALENT GENT GENT IN SCOPE

defined in 40 CFR

232.2;

261.4(g)(2) intro

definition of permit

261.4(g)(2)(i) 071(3)(1l)(i), (ii) and

(iii) X

261.4(g)(2)(ii)

261.4(g)(2)(iii)

PART 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE

TREATMENT, STORAGE, AND DISPOSAL FACILITIES

SUBPART A-GENERAL

PURPOSE, SCOPE AND APPLICABILITY

t. +,2 add new paragraph;

subparts B, C, and D of

264 and 264.101 do not 280(6)

apply to cleanup only The State analog is 0

remediation waste 264.10) intro worded slightly X

management sites; differently from the

owners/operators of federal rule; however,

remediation waste it is equivalent.

management sites must:

t add new paragraph;

obtain an EPA 264.1(j)(1) 280(6)(a) X

identification number;

t add new paragraph;

obtain a detailed

chemical and physical

analysis of the 264.10)(2) 280(6)(b) X

hazardous remediation

wastes; minimum

requirements of analysis

t add new paragraph; 264.1(j)(3) intro

prevent people who are

264.10)(3)(i) unaware of danger from

entering, and minimize

entry of unauthorized X

() people or livestock onto 280(6)(c)

active portion of 264.1(j)(3)(ii)

remediation waste

management site;

exceptions

November 30, 1998 - Page 4 of 35 CL175.wp - Revised: 9f25199

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SPA 20

RCRA REVISION CHECKLIST 175: HWIR-Media (cont'd)

STA'IE ANALOG IS:

FEDERAL REQUIREMENTS FEDERAL RCRACITATION ANALOGOUSSTA'IECITATION

WAC 173-303- EQUIV- LESS MORE BROADER

ALENT STRJN- STRJN- IN SCOPE GENT GENT

add new paragraph;

inspect remediation

waste management site

for problems that may

cause or lead to release

of hazardous waste;

owner/operator must

inspect often enough to

correct problems before 264.10)(4) 280(6)(d) X

they harm or lead to

hazards to human health

or environment; where

hazard is imminent or

already occurred,

owner/operator must

take immediate remedial

action

add new paragraph;

provide personnel with 264.10)(5) 280(6)(e) X

training

add new paragraph;

prevent ignition or

reaction of ignitable, 264.10)(6) 280(6)(f) X

reactive or incompatible

waste

add new paragraph; for No analog.

certain sites design, The State is more

construct, operate, and stringent because

maintain unit within 264.10)(7) siting of facilities in a X

100-year floodplain to 100-year floodplain is

prevent washout of prohibited by WAC

hazardous waste 173-303-

282(6)(c)(i)(A)(I)

add new paragraph; not 280(5)

The State rule already place any non- wohibits this activity.

containerized or bulk lacement of

noncontainerized or

liquid hazardous waste 264.10)(8)

bulk dan&erous waste

in any salt dome in a salt orne X

formation, salt bed

formation, salt bed formation,

formation, underground underground mine or

cave is prohibited.

mine or cave;

add new paragraph; 264.10)(9) 280(6)(g) X

November 30, 1998 - Page 5 of 35 CLl75.wp - Revised: 9fl.5199

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SPA 20

RCRA REVISION CHECKUST 175: HWIR-Media (cont'd)

n,-j STAn: ANALOG IS:

FEDERAL REQUIREMENTS FEDERAL RCRA aTATION ANALOGOUS STAn: aTATION

WAC 173-303- LESS MORE EQUIV- STRlN- STRJN- BROADER

ALENT GENT GENT IN SCOPE

develop and maintain

construction quality

assurance program for

certain units

t add new paragraph;

develop and maintain

procedures to prevent

accidents and 264.10)(10) 280(6)(h) X contingency and

emergency plans to

control accidents;

required procedures

t add new paragraph;

designate at least one

employee to coordinate

all emergency response 264.10)(11) 280(6)(i) X

measures; emergency

coordinator

requirements C

t add new paragraph;

develop, maintain and

implement plan to meet 264.10)(12) 280(6)0) X 264.10)(2)-0)(6) &

0)(9)-0)(10)

requirements

t add new paragraph;

maintain records

documenting 264.1(j)(13) 280(6)(k) X

compliance with

264.10)(1)-0)(12)

SUBPART E - MANIFEST SYSTEM, RECORDKEEPING, AND REPORTING

OPERATING RECORD r----------~-------"""T'"--~-___r--~---

t

add new paragraph; any

records required under 264.73(b)(17)

264.10)(13)

280(6)(k)

Although the State

does not have this

. direct analog, the State

is equivalent to the

federal program since

a clean-up facility is

required to maintain

these records as

required at 280(6).

X

o

November 30, 1998 - Page 6 of 35 CLI 75.wp - Revised: 9fl.5199

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RCRA REVISION CHECKLIST 175: HWIR-Media (cont'd)

SPA 20

STAn; ANALOG IS:

FEDERAL REQUIREMENTS FEDERALRCRACITATION ANALOGOUS STAn; CITATION

WAC173-303- EQUIVALENT

LESS

STRINGENT

MORE

STRINGENT

BROADER

IN SCOPE

SUBPART F - RELEASES FROM SOLID WASTE MANAGEMENT UNITS

CORRECTIVE ACTION FOR SOLID WASTE MANAGEMENT UNITS

t, • add new paragraph; does 040, "cleanup only

not apply to remediation facility."

waste management sites 646(l)(c)

unless part of a facility The State analog is

subject to permit for 264.101(d) worded slightly X

treating, storing or differently; however,

disposing ofhazardous it means the same

wastes that are not thing as the federal

remediation wastes requirement.

SUBPART S - CORRECTIVE ACTION FOR SOLID WASTE MANAGEMENT UNITS

CORRECTIVE ACTION MANAGEMENT UNITS (CAMU)

t, • completely revise

• paragraph;

Regional Administrator

may designate an area at

facility as CAMU for

purpose of

implementing remedies 646(4)(a)

under 264.101 or RCRA The State analog is

3008(h) or to implement worded somewhat

remedies at a facility 264.552(a) intro differently than the X

that is not subject to federal analog;

264.101; CAMU must however, it is

be located within equivalent.

contiguous property

under owner/operator

control where wastes

originated; one or more

CAMUs may be

designated at facility

t. • reprinted, no change 264.552(a)(l) 646(4)(a) X

t. • reprinted, no change 264.552(a)(2) 646(4)(a) X

TEMPORARY UNITS (TU)

• t. • completely revise 646(7)(a)

paragraph; Regional Although worded

Administrator may 264.553(a) slightly differently, the

X

designate unit as State's analog is

November 30, 1998 - Page 7 of 35 CL175. wp - Revised: 9125199

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SPA 20

RCRA REVISION CHECKLIST 175: HWIR-Media (cont'd)

o

srATEANALOG IS:

FEDERALREQUIREMENTS FEDERAL RCRA CITATION ANALOGOUSsrATE CITATION

WAC 173-303- LESS MORE EQUIV- BROADER

ALENT STRIN- STRIN- IN SCOPE GENT GENT

temporary unit, for equivalent.

temporary tanks and

container storage areas

used to treat or store

hazardous remediation

wastes under 264.101 or

RCRA 3008(h), or at

permitted facility not

subject to 264.101;

temporary unit must be

located within

contiguous property

underownedoperator

control where wastes

originated; Regional

Administrator may

replace Part 264/265

design, operating, or

closure standard with

alternative requirements

which protect human

health and environment

t,+ STAGING PILES

add new section; section

written in special format

to make regulatory

requirements easier to

understand; establishes 264.554 intro

enforceable legal

requirements; "I" and

"you" refer to

owner/operator

646(8)

All staging pile

regulations (40 CFR

264.554) are

incorporated by

reference.

The checklist entries

were deleted to save

space and paper.

x

Director must document

rationale for designating

staging pile or staging

pile operating term 264.554(m)

extension and make

documentation available

to the public

646(8)

End offfiR of

264.554

x

PART 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS C···')

WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES

SUBPART A-GENERAL

November 30, 1998 - Page 8 of 35 CLl75.wp - Revised: 9f25199

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SPA 20

RCRA REVISION CHECKLIST 175: HWIR-Media (cont'd)

SfAW ANALOG IS:

FEDERALREQUIREMENTS FEDERALRCRA CITATION ANALOGOUS SfAW CITATION

WAC 173-303- EQUNALENT

LESS

SfRINGENT

MORE

SfRINGENT

BROADER

IN SCOPE

PURPOSE, SCOPE, AND APPLICABILITY ...------------.--------...----'T'"---r----,----

X

X

400(2)(a)

140(2)(a)

Incorporated by

reference.

!:<Z)(a)ffiR

268.50(g)

SUBPARTE-PROHffiITIONSONSTORAGE

PROHffiITION ON STORAGE OF RESTRICTED WASTES

add new paragraph;

prohibition and

requirements in 268.50

do not apply to

hazardous remediation

wastes stored in staging

pile approved pursuant

to 265.554

t,. replace "40 CFR

264.552 and 40 CFR

264.553" with "40 CFR 265.1(b)

264.552, 264.553, and

264.554"

PART 268 - LAND DISPOSAL RESTRICTIONS

SUBPART A - GENERAL

DEFINITIONS APPLICABLE IN THIS PART

t,.

after

insert

"corrective

"or staging pile"

action .268.2(C)

1---------,-----------.1--1Xn

management unit" .

• t, .,3

PART 270 - EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS

WASTE PERMIT PROGRAM

SUBPART A - GENERAL INFORMATION

DEFINITIONS

t

add "Remedial Action

Plan (RAP)" 270.2

No analog. The State

is more stringent since

it did not adopt

"RAPs".

X

1X 1I~

SUBPART B - PERMIT APPLICATION

SIGNATORIES TO PERMIT APPLICATIONS AND REPORTS

redesignate 270.l1(d) as1 1-------.,----.-- 270. l1(d)(l); replace

"must make" with "shall 270. 11(d)(l) 81O(13)(a)

make"; in certification

t,4,5 •

November 30,1998 - Page 9 of 35 CL175.wp - Revised: 9f25199

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RCRA REVISION CHECKLIST 175: HWIR-Media (cont'd)

STATEANALOG [5:

FEDERALREQUIREMENTS FEDERAL RCRA CITATION ANALOGOUS STATECITATION

WAC [73-303- LESS MORE EQUIV- BROADER

ALENT STRIN- STRIN- INSCOPE GENT GENT

statement, replace "in

accordance with" with

"according to"; remove

"be" in "to be the best of

my knowledge"

add new paragraph; for

RAPs under 270 subpart No analog. The State H, owner may make the is more stringent since certification at 270.11(d)(2) it did not adopt the X

270.II(d)(2) instead of provisions for 270.II(d)(l); "RAPs".

certification statement

t

SUBPART D - CHANGES TO PERMITS

PERMIT MODIFICATION AT THE REQUEST OF THE PERMITTEE

t. •

add entries D.3.g and

N.3 as follows: 270.42, Appendix I

830, Appendix I,

D.3.g

830, Appendix I, N.3

X

o

Modifications Class

* * * * * * * * * * * * *

D. Closure

* * * * * * * * * * * * *

3. Addition ofthe following new units to be used temporarily for closure activities:

* * * * * * * * * * * * *

g. Staging piles

* * * * * * * * * * * * *

N. Corrective Action:

* * * * * * * * * * * * *

3.Approval of a staging pile or staging pile operating term extension pursuant to § 264.554

SUBPART F - SPECIAL FORMS OF PERMITS

t REMEDIAL ACTION PLANS (RAPs) ...---------'------,r----------r----,.--....---.----

6 add new section; RAPs

are special forms of

permits regulated under

270 subpart H

270.68

No analog. The State

did not adopt this

provision and thus is

more stringent.

X

o

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SPA 20

RCRA REVISION CHECKLIST 175: HWIR-Media (cont'd)

STAn:: ANALOG IS:

FEDERAL REQUIREMENTS FEDERAL RCRACITATION ANALOGOUS STAn:: CITATION

WAC 173-303- EQUIVALENT

izss

STRIN·

GENT

MORE

STRINGENT

BROADER

IN SCOPE

SUBPART G - INTERIM STATUS

TERMINAnON OF INTERIM STATUS ,..----------.---------"""T""--...,.....--,..---........--- t. 7 insert ", except an

application for a

remedial action plan

(RAP) under subpart H

of this part," following

"application"

270.73(a)

No analog.

The State did not

adopt this provision

and thus is more

stringent.

x

SUBPART H - REMEDIAL ACTION PLANS (RAPs)

t WHY IS rms SUBPART WRITTEN IN A SPECIAL FORMAT?

•

add new subpart;

subpart is written in

special format to make

regulatory requirements

easier to understand; 270.79

establishes enforceable

legal requirements; "I"

and "you" refer to

owner/operator

No analog. The State

did not adopt Subpart

H- RAPs and thus is

more stringent. The

checklist entries for

the remainder of this

subpart have been

deleted to save space

and paper.

x

t WHAT IS A RAP?

t MAY I PERFORM REMEDIAnON WASTE MANAGEMENT ACTIVITIES UNDER A RAP AT A

LOCAnON REMOVED FROM THE AREA WHERE THE REMEDIAnON WASTES ORIGINATED?

•

remediation waste

management RAP may

be requested for location

removed from area of 270.230(a)

waste origination if

location is more

protective

t Optional.

No analog. The State

did not adopt 40 CFR

270.230. Checklist

entries were deleted to

save space.

x

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SPA 20

RCRA REVISION CHECKLIST 175: HWIR-Media (cont'd)

o

The "corrective action management unit" definition at §270.2 should have also been revised by the HWIRmedia rule in the same fashion as this definition was revised in §260.1O. Thus, the two definitions are

inconsistent. A State adopting this rule, should revise its analogs to both definitions.

Section 264.1G)intro is a HSWA provision as it applies to facility-wide corrective action at remediation

waste management site and a non-HSWA provision to the extent that it addresses the requirements relative

to 40 CFR Part 264, Subparts B, C, and D.

There appears to be an omission in 268.50(g). Following "prohibition and requirements in this" should

probably be "section" to refer to the 268.50 prohibitions.

In redesignating 270.11(d) as 270. l1(d)(l), in the November 30, 1998 rule (63 FR 65941), it appears as

though the title of paragraph (d), "Certification" , has been removed. It is assumed that 270.11(d) intro

remains in the code but only contains the paragraph's title, "Certification".

5

There appears to be an omission in 270. 11(d)(1). Following "paragraph (a) or (b) of this" the word

"section" should be reinserted to refer to 270. 11(a) & (b). o

6

7

The November 30, 1998 (64 FR 65874) rule adds a new section at 270.68. There is no § 270.67; therefore,

it is assumed to be reserved.

In revising this provision, EPA has replaced the ending "; or" with a period. This appears to be an error as

interim status terminates when either 270.73(a) or 270.73(b) occurs. When adopting this Rule, States are

advised to leave the ending "; or" intact at 270.73(a).

November 30, 1998 - Page 12 of 35 CLl75.wp- Revised: 9f25199

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