RCRA REVISION CHECKLIST 92

Wood Preserving Listings; Technical Corrections
56 FR 30192-30198
July 1, 1991
(RCRA Cluster II, HSWA and Non-HSWA provisions)

Notes:  1)  The rule addressed by this checklist makes technical corrections to the Wood Preserving listing rule (55 FR 50450; December 6, 1990; Revision Checklist 82).  States are strongly encouraged to adopt these technical corrections at the same time the Revision Checklist 82 provisions are adopted.  Those States that have already adopted the Revision Checklist 82 provisions should adopt Revision Checklist 92 as soon as possible.

2)  Note that on June 13, 1991 (56 FR 27332), an administrative stay was published affecting the December 6, 1990 (55 FR 50450; Revision Checklist 82) final rule.  Because the Federal code was changed, a checklist was developed, Revision Checklist 91.  All of the changes addressed by that checklist are optional.
	
				STATE ANALOG IS:	
		     ANALOGOUS	  EQUIV-	   MORE	BROADER
   FEDERAL REQUIREMENT     | 	FEDERAL RCRA CITATION    |	   STATE CITATION	| ALENT  |	STRINGENT |	IN SCOPE	

PART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

SUBPART A - GENERAL

EXCLUSIONS	 
redesignate
261.4(a)(9) as
261.4(a)(9)(i); delete
"used and are" after
"been"; insert "are"
before "reused"; 
replace closing
"." with "; and"	261.4(a)(9)(i)	
add new paragraph 
excluding waste-
waters from the wood
preserving process 
that have been 
reclaimed and are 
reused to treat wood	261.4(a)(9)(ii)	

SUBPART D - LISTS OF HAZARDOUS WASTES

1		DELETION OF CERTAIN HAZARDOUS WASTE CODES FOLLOWING EQUIPMENT CLEANING AND REPLACEMENT	 
generators must either
clean or replace all
specified process 
equipment that may 
have come into 
contact with
chlorophenolic
formulations or
constituents	261.35(b)	
generators shall do
one of the following:	261.35(b)(1)	
prepare and follow an
equipment cleaning
plan; clean equipment
in accordance with
261.35	261.35(b)(1)(i)	
prepare and follow an
equipment replace-
ment plan; replace
equipment in accor-
dance with 261.35	261.35(b)(1)(ii)	
document cleaning 
and replacement in
accordance with
261.35, carried out
after termination of
use of chlorophenolic
preservations	261.35(b)(1)(iii)	

cleaning requirements	261.35(b)(2)	
prepare and sign a 
written equipment
cleaning plan that
describes:	261.35(b)(2)(i)	
equipment
to be cleaned	261.35(b)(2)(i)(A)	
how equipment
will be cleaned	261.35(b)(2)(i)(B)	
solvent to be
used in cleaning	261.35(b)(2)(i)(C)	
how solvent rinses 
will be tested	261.35(b)(2)(i)(D)	
how cleaning residues
will be disposed	261.35(b)(2)(i)(E)	 
equipment must be
cleaned as follows:	261.35(b)(2)(ii)	
remove all visible
residues from process
equipment	261.35(b)(2)(ii)(A)	
rinse with appropriate
solvent until no dioxin
or dibenzofuran
detection in final
solvent rinse	261.35(b)(2)(ii)(B)	
analytical
requirements	261.35(b)(2)(iii)	
test rinses as per
SW-846, Method 8290	261.35(b)(2)(iii)(A)	
"not detected"
defined	261.35(b)(2)(iii)(B)	
generator manages
cleaning process
residues as
F032 waste	261.35(b)(2)(iv)	
replacement
requirements	261.35(b)(3)	
prepare and sign
written equipment
replacement plan
that describes:	261.35(b)(3)(i)	
equipment
to be replaced	261.35(b)(3)(i)(A)	
how equipment will
be replaced	261.35(b)(3)(i)(B)	
how equipment will
be disposed	261.35(b)(3)(i)(C)	
generator must 
manage discarded
equipment as
F032 waste	261.35(b)(3)(ii)	
documentation
requirements	261.35(b)(4)	
document previous
equipment cleaning
and/or replacement
performed in 
accordance with 
261.35 and occurred
after cessation of
chlorophenolic 
preservative use	261.35(b)(4)(i)	

PART 262 - STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE

SUBPART C - PRE-TRANSPORT REQUIREMENTS

ACCUMULATION TIME	 
2		the waste is
placed:	262.34(a)(1)	
in containers
and generator 
complies with 
Subpart I of
Part 265; and/or	262.34(a)(1)(i)	
in tanks 
and generator 
complies with
Subpart J of
Part 265, except
265.197(c) and
265.200; and/or	262.34(a)(1)(ii)	
on drip pads
and generator
complies with 
Subpart W of
Part 265 and main-
tains following
records at the
facility:	262.34(a)(1)(iii)	
description of pro-
cedures to ensure all
wastes are removed
from drip pad and
associated collection
system at least once
every 90 days	262.34(a)(1)(iii)(A)	
documentation of each
waste removal, inclu-
ding quantity, date
and time of removal;
generator exempt from
Subparts G and H of
Part 265, except 
265.111 and 265.114	262.34(a)(1)(iii)(B)	
3		remove 262.34(a)(2)
as added by 
55 FR 50450;
redesignate 
262.34(a)(3) as 
262.34(a)(2)	262.34(a)(2)	
redesignate
262.34(a)(4) as 
262.34(a)(3)	262.34(a)(3)	
redesignate
262.34(a)(5) as 
262.34(a)(4)	262.34(a)(4)	

PART 264 - STANDARDS FOR OWNERS AND OPERATORS OF 
HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES

4		SUBPART W - DRIP PADS

APPLICABILITY	 
insert ", precipitation,
and/or surface water 
run-on" after 
"drippage"	264.570(a)	
change "§264.572(e)
or §264.572(f)"
to "§264.573(e)
or §264.573(f)"	264.570(b)	

ASSESSMENT OF EXISTING DRIP PAD INTEGRITY	 
change "264.572(b)" 
to "264.573(b)" and
"264.572" to
"264.573" each time
they appear in this
paragraph	264.571(a)	
5		change "264.572(b)"
to "264.573(b)"; add a
comma after "subpart"
in first sentence;
change "264.572" to
"264.573"	264.571(b)	
6		change "264.572" to
"264.573" in first and
last sentences; delete
"as" after "deadline";
change "264.572(b)" 
to "264.573(b)"	264.571(b)(3)	
insert "upgrades"
after "all"	264.571(c)	
change "264.572(m)" 
to "264.573(m)";
change "264.574" to
"264.575"	264.571(d)	

DESIGN AND INSTALLATION OF NEW DRIP PADS	 
redesignate 
Section 264.575 as
Section 264.572;
change "264.572, 
264.573 and 264.574"
to "264.573, 264.574
and 264.575"	264.572	

DESIGN AND OPERATING REQUIREMENTS	 
redesignate old
Section 264.572 as
Section 264.573	264.573	
no change was
made to these
subparagraphs	264.573(a)(1)-(4)	
7		delete "of
installation, and
the stress"	264.573(a)(5)	
change "A drip pad"
to "A new drip pad or
an existing drip pad,
after the deadline
established in 
§264.571(b) of this
subpart,"	264.573(b)	
no change was 
made to these
subparagraphs	264.573(b)(1)(i)-(iii)	
no change was 
made to these	264.573(b)(2)-
subparagraphs	(b)(2)(i)(A)	
remove "and" after
the ending semicolon	264.573(b)(2)(i)(B)	
change the "."
at the end of the
requirement to "; and"	264.573(b)(2)(ii)	
replace second 
"run-on" with
"run-off"; delete
", or the drip pad is
protected by a struc-
ture or cover, as 
described in 
§264.570(b) of this
subpart"	264.573(e)	
replace "could lead
to" with "may have 
caused"	264.573(m)	
replace "has led or 
could lead to" with
"may have caused or
has caused"	264.573(m)(1)	
replace "(m)(3)" with
"(m)(1)(iv)"	264.573(m)(3)	

INSPECTIONS	 
redesignate old
Section 264.573
as Section 264.574	264.574	
change "264.572" to
"264.573"; insert a
comma between
"installation" and
"liners" in last 
sentence	264.574(a)	

CLOSURE	 
redesignate old
Section 264.574 as
Section 264.575	264.575	
change "practically" 
after "contaminated 
subsoils can be" to
"practicably"; change
"for the purposes of 
closure" to "for the
purpose of closure"	264.575(b)	
change
"264.572(b)(1)" to
"264.573(b)(1)"	264.575(c)(1)	

PART 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF
HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES

SUBPART W - DRIP PADS

APPLICABILITY	 
insert ", precipitation,
and/or surface water
run-on" after 
"drippage"	265.440(a)	

DESIGN AND OPERATING REQUIREMENTS	 
redesignate
265.443(b)(2)(ii) as
265.443(b)(2)(iii); add
new paragraph
265.443(b)(2)(ii)
regarding design and
operation to function
without clogging
through scheduled
drip pad closure	265.443(b)(2)(ii)	
old 
265.443(b)(2)(ii)
becomes
265.443(b)(2)(iii)	265.443(b)(2)(iii)	
replace "could lead
to" with "may have 
caused"	265.443(m)	
replace "has led or
could lead to" with
"may have caused or
has caused"	265.443(m)(1)	
change the internal
reference
"265.443(m)(3)" to
"265.443(m)(1)(iv)"	265.443(m)(3)	

PART 270 - EPA ADMINISTERED PERMIT PROGRAMS:
THE HAZARDOUS WASTE PERMIT PROGRAM

SUBPART B - PERMIT APPLICATION

SPECIAL PART B INFORMATION REQUIREMENTS FOR DRIP PADS	 
8		redesignate the
Section 270.22 
introduced at
55 FR 50450 as
Section 270.26	270.26	
change "264.572"
to "264.573"	270.26(c)	
change "264.572"
to "264.573"	270.26(c)(14)	
change "264.571"
to "264.573"	270.26(c)(15)	
change "264.573(a)"
to "264.575(a)"	270.26(c)(16)