RCRA REVISION CHECKLIST 195

Inorganic Chemical Manufacturing Wastes Identification and Listing
66 FR 58258-58300; 67 FR 17119-17120
November 20, 2001; April 9, 2002
(RCRA Cluster XII, HSWA/Non-HSWA)

Name of State:  

State Statutory Authority: 

Title of Regulations:  							Effective Date:   

Date Checklist Completed:  

This rule is promulgated under both HSWA and non-HSWA authorities.   The listings of K176 and K177 are promulgated under HSWA authorities.   The land disposal restrictions promulgated in this rule are also issued under HSWA authorities.  These requirements, with the exception of the application of the land disposal restrictions to K178, will go into effect in all States, including authorized States, on the effective date of this rule.  The listing of K178 is promulgated under non-HSWA authorities and will only become effective in an authorized State when the State amends its regulations to include this listing and receives authorization.   For States without authorization, the listing of K178 goes into effect on the effective date of this rule.   While all land disposal restrictions are adopted under HSWA authorities regardless of the statutory authority for the corresponding waste listing, the treatment standards and prohibitions for K178 will not have immediate regulatory effect.  This is consistent with prior rules establishing LDR requirements for new, non-HSWA lists.   The treatment standards and prohibitions for K178 only take effect when EPA authorizes State regulations listing K178 wastes.    

	FEDERAL REQUIREMENTS	FEDERAL RCRA CITATION	ANALOGOUS STATE CITATION	STATE ANALOG IS:				
				EQUIV-ALENT	LESS
STRIN-
GENT	MORE STRIN-GENT	BROADER IN SCOPE	
	PART 261 – IDENTIFICATION AND LISTING OF HAZARDOUS WASTE							
	SUBPART A – GENERAL							
	EXCLUSIONS							
	unchanged even though included in this rule	261.4(b)(15)						
1,†	remove “and”; after “K172" insert “,K174, K175, K176, K177, and K178,”; remove “(February 8, 1999)”	261.4(b)(15)(i)						
	unchanged even though included in this rule	261.4(b)(15)(ii)-(iv)						
†	replace “After” with “As of”; replace “will” with “derived from K169-K172 is"; remove “be” after “longer”; insert new 2nd sentence “After November 21, 2003, leachate....to discharge”; insert “(b)(15)(v)” after “paragraph”	261.4(b)(15)(v)						
	SUBPART D – LISTS OF HAZARDOUS WASTES							
	HAZARDOUS WASTES FROM SPECIFIC SOURCES							
	add following waste streams to subgroup “Inorganic chemicals” in alphanumeric order	261.32						
	Industry and EPA hazardous waste No.		Hazardous Waste					
	*	*	*	*	*	*	*	*	*	*	*	*							
	Inorganic chemicals:							
	*	*	*	*	*	*	*	*	*	*	*	*							
	K176		Baghouse filters from the production of antimony oxide, including filters from the production of intermediates (e.g., antimony metal or crude antimony oxide).					(E)	
	K177 		Slag from the production of antimony oxide that is speculatively accumulated or disposed, including slag from the production of intermediates (e.g., antimony metal or crude antimony oxide).					(T)	
	K178 		Residues from manufacturing and manufacturing-site storage of ferric chloride from acids formed during the production of titanium dioxide using the chloride-ilmenite process					(T)	
	*	*	*	*	*	*	*	*	*	*	*	*							
	APPENDIX VII TO PART 261							
	BASIS FOR LISTING HAZARDOUS WASTE							
	add to appendix in alphanumeric order, the following waste streams	261 Appendix VII						
	EPA hazardous waste No.		Hazardous constituents for which listed					
	*	*	*	*	*	*	*	*	*	*	*	*							
	K176			Arsenic, Lead.					
	K177			Antimony.					
	K178			Thallium.					
	*	*	*	*	*	*	*	*	*	*	*	*							
	PART 268 - LAND DISPOSAL RESTRICTIONS							
	SUBPART C - PROHIBITIONS ON LAND DISPOSAL							
	WASTE SPECIFIC PROHIBITIONS – INORGANIC CHEMICAL WASTES							
	add new paragraph; effective May 20, 2002, wastes K176-K178, soil and debris contaminated with these wastes, radioactive wastes mixed with these wastes, and soil and debris contaminated with radioactive wastes mixed with these wastes are prohibited from land disposal	268.36(a)						
	add new paragraph; requirements of 268.36(a) do not apply if:	268.36(b) intro						
	wastes meet treatment standards specified in 268 subpart D;	268.36(b)(1)						
	exemption from a prohibition pursuant to petition under 268.6, with respect to wastes and units covered by the petition;	268.36(b)(2)						
	wastes meet treatment standards established pursuant to petition granted under 268.44;	268.36(b)(3)						
	hazardous debris has met treatment standards in 268.40 or alternative treatment standards in 268.45; or	268.36(b)(4)						
	extension to effective date of prohibition granted pursuant to 268.5, with respect to wastes covered by extension	268.36(b)(5)						
	add new paragraph; to determine if identified hazardous waste exceeds 268.40 treatment standards, initial generator must test waste, or use knowledge of waste; if waste contains regulated constituents in excess of 268 subpart D levels, waste is prohibited from land disposal, and all requirements of part 268 are applicable, except as otherwise specified	268.36(c)						
	SUBPART D – TREATMENT STANDARDS							
	APPLICABILITY OF TREATMENT STANDARDS							
2	add in alphabetic order,  new entries for K176-178  as shown at 66 FR 58298-58299	268.40/Table						

† Optional