RCRA REVISION CHECKLIST 80

Toxicity Characteristic; Hydrocarbon Recovery Operations
55 FR 40834-40837
 October 5, 1990 
as amended on February 1, 1991, at 56 FR 3978
and April 2, 1991, at 56 FR 13406-13411
(RCRA Cluster I, HSWA Rule)

This revision checklist addresses an interim final rule which extended, for 120 days (until January 25, 1991), the compliance date for requirements imposed in the Toxicity Characteristic final rule (see 55 FR 11798; March 29, 1990; Revision Checklist 74) for groundwater that is reinjected or reinfiltrated during existing hydrocarbon recovery operations at petroleum refining facilities, marketing terminals, and bulk plants engaged in hydrocarbon recovery and remediation operations.  A second interim final rule on February 1, 1991 further extended the compliance date to March 25, 1991.  A final rule on April 2, 1991 broadened the scope of the facilities affected by this extension to also include free hydrocarbon recovery operations at petroleum pipeline and transportation sector spill sites as well as at petroleum refineries, marketing terminals and bulk plants.  Free phase hydrocarbon recovery operations involving infiltration galleries were excluded from the scope of the extension.  The April final rule further extended the compliance date to January 25, 1993 for all included operations existing on or before March 25, 1991.  New operations with injection wells qualify for this compliance extension only if they meet certain criteria.

Until January 25, 1993, a less stringent standard than that imposed by the Toxicity Characteristic rule is in effect for certain hydrocarbon recovery and remediation operations.  Thus, States will not be required to mandate this less stringent standard in order to retain RCRA authorization.  Under Section 3009 of RCRA, States may impose more stringent requirements than those imposed under Federal regulations.

	
				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

	†,1	EXCLUSIONS	 
until January 25, 1993,
exclusion for injected
groundwater exhibiting
the 261.24 Toxicity
Characteristic that is
infiltrated or re-
injected pursuant to
specified hydrocarbon
recovery operations
existing on or before
March 25, 1991; ex-
tension only until six
months after final rule
publication for ground-
water returned through
infiltration galleries;
conditions for new
operations involving
injection to qualify
for date extension:	261.4(b)(11)	
operations are per-
formed pursuant to a
written state agree-
ment that includes a
provision to assess
the groundwater and 
the need for further
remediation once the
free phase recovery
is completed	261.4(b)(11)(i)	
2		copy of written 
agreement has been
submitted to
Characteristics
Section, U.S.
Environmental
Protection Agency	261.4(b)(11)(ii)