SPECIAL CONSOLIDATED CHECKLIST
	for
	Bevill Exclusion for Mining Wastes as of December 31, 2002

Notes:
1)  This checklist consolidates the changes to the Federal code addressed by the Bevill exclusion for mining wastes and subsequent revisions that have occurred through December 31, 2002 by the following checklists:

$	Revision Checklist 53 [53 FR 35412 (September 13, 1988)];
$	Revision Checklist 65 [54 FR 36592 (September 1, 1989)];
$	Revision Checklist 71 [55 FR 2322 (January 23, 1990)];
$	Revision Checklist 90 [56 FR 27300 (June 13, 1991)]; and
$	Revision Checklist 167 E [63 FR 28556 (May 26, 1998)].

The "Checklist Reference" column indicates which of these checklists have affected each listed citation.

No final rules were promulgated between June 30, 1998 and December 31, 2002 that affected the Bevill Exclusion for Mining Wastes rule.  Therefore, this consolidated checklist is identical to that of June 30, 1998.

2)  Note that in the Federal Register notice addressed by Revision Checklist 90, a series of appendices follows the change made to 40 CFR 261.4(b)(7).  These appendices were not included in this consolidated checklist because they will not appear in the Code of Federal Regulations and because the subjects of these appendices are the Public Comments on EPA's Report to Congress and the Notice of Data Availability.

3)  See also Appendix N of SAM - Clarification of State Adoptions of Remanded Mining Waste Listings

	
FEDERAL REQUIREMENTS	
CHECKLIST
REFERENCE	
FEDERAL RCRA CITATION	
ANALOGOUS STATE CITATION	
STATE ANALOG IS:	
					
EQUIV-ALENT	
LESS
STRIN-
GENT	
MORE STRIN-GENT	
BROADER IN SCOPE	

PART 260 - HAZARDOUS WASTE MANAGEMENT SYSTEM:  GENERAL	

SUBPART B - DEFINITIONS	

DEFINITIONS	

revise "designated
facility"	
71	
260.10	

	

	
PART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTES	

SUBPART A - GENERAL	

DEFINITION OF HAZARDOUS WASTE	

add exception for mixture of a 261.4(b)(7) waste and a solid waste exhibiting a Subpart C characteristic unless resultant mixture meets certain characteristic conditions; mixture is hazardous relative to the EP toxicity characteristic; following Aidentified in subpart C@, replace Aexcept that@ with Aof this part.  However,@; following Aunder subpart C@, replace Aof this part@ with Ais a hazardous waste@; in second sentence, insert a comma following Ahad not occurred@	
65, 167E	
261.3(a)(2)(i)	

	

	
add "of this part" after "Subpart D"; add language excepting mixtures of hazardous waste and solid waste excluded under 261.4(b)(7) and the mixture no longer exhibits hazardous characteristics for which the hazardous waste was listed in Subpart D	
65	
261.3(a)(2)(iii)	

	

	
EXCLUSIONS	

define beneficiation; for purpose of 261.4(b)(7), solid waste from the processing of ores includes; revise  261.4(b)(7) as 261.4(b)(7), (b)(7)(i), & (b)(7)(ii); new 261.4(b)(7) is now unchanged first sentence of old 261.4(b)(7)	
53,65,71,90, 
H167E	
261.4(b)(7) intro	

	

	
new 261.4(b)(7)(i) is second sentence of old 261.4(b)(7) with the following revisions: delete comma following A'261.4(b)(7)@; replace colon following Aactivities@ with a semicolon; use lower case with Acrushing@	
53, 65, 71, 90, H167E	
261.4(b)(7)(i)	

	

	
new 261.4(b)(7)(ii) is third sentence of old 261.4(b)(7) with the following revisions: replace AFor the purpose@ with AFor the purposes@; insert Aas generated@ after Athe following wastes@	
53, 65, 71, 90, H167E	
261.4(b)(7)(ii)	

	

	
specific solid wastes from the processing of ores and minerals; redesignate 261.4(b)(7)(i)-(xx) as 261.4(b)(7)(ii)(A)-(T)	
53,65,71, H167E 	
261.4(b)(7)(ii)(A)	

	

			
261.4(b)(7)(ii)(B)	

	

		
53,71, H167E	
261.4(b)(7)(ii)(C)	

	

			
261.4(b)(7)(ii)(D)	

	

			
261.4(b)(7)(ii)(E)	

	

			
261.4(b)(7)(ii)(F)	

	

		
71, H167E	
261.4(b)(7)(ii)(G)	

	

			
261.4(b)(7)(ii)(H)	

	

			
261.4(b)(7)(ii)(I)	

	

			
261.4(b)(7)(ii)(J)	

	

			
261.4(b)(7)(ii)(K)	

	

			
261.4(b)(7)(ii)(L)	

	

			
261.4(b)(7)(ii)(M)	

	

			
261.4(b)(7)(ii)(N)	

	

			
261.4(b)(7)(ii)(O)	

	

			
261.4(b)(7)(ii)(P)	

	

			
261.4(b)(7)(ii)(Q)	

	

			
261.4(b)(7)(ii)(R)	

	

			
261.4(b)(7)(ii)(S)	

	

			
261.4(b)(7)(ii)(T)	

	

	
add new paragraph; a residue derived from co-processing mineral processing secondary materials with normal beneficiation raw materials remains excluded under 261.4(b) if owner/operator meets specified conditions
	
H167E	
261.4(b)(7)(iii)	

	

		
H167E	
261.4(b)(7)(iii)(A)	

	

		
H167E	
261.4(b)(7)(iii)(B)	

	

	
SUBPART D - LISTS OF HAZARDOUS WASTES	

HAZARDOUS WASTES FROM SPECIFIC SOURCES	

add, after entries for "iron and steel" and before entries for "Secondary lead," the following:	
53	
261.32	

	

	

	

				

				

				

Industry and EPA 
hazardous waste No.	
Hazardous waste	
Hazard code	

*          *          *          *          *          *          *          *          *          *	

Primary aluminum:	

	
K088	
Spent potliners from primary aluminum reduction	
(T)	

*          *          *          *          *          *          *          *          *          *	

	

APPENDIX VII TO PART 261	

BASIS FOR LISTING HAZARDOUS WASTE	

add the following in the appropriate numerical sequence:	
53	
Appendix VII	

	

	

	
EPA hazardous
 waste No.	
Hazardous constituents for which listed	

*          *          *          *          *          *          *          *          *          *	

K088		
Cyanide (complexes).	

*          *          *          *          *          *          *          *          *          *	

	

PART 262 - STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE	

SUBPART B - THE MANIFEST	

USE OF THE MANIFEST	

add new paragraph stating requirements when shipping hazardous waste to a designated facility in an authorized State which has not yet obtained authorization to regulate that particular waste as hazardous	
71	
262.23(e)